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Ancient Writs and Modern Causes of Action
Clark, Charles
Clark, Charles
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Abstract
In a stimulating article recently published in this Journal Professor O. L. McCaskill condemns the conception of the code cause of action held by Pomeroy, Bliss, Phillips, and others, including the present writer, and sets forth a novel view which he frankly admits to be "utterly at variance with that of standard text writers, and at variance with what courts profess to follow." Space is here lacking for a full discussion of the ingenious argument, presented as it is with the highest dialectic skill; but since it is believed that his position is quite at variance also with desirable pleading conceptions, an immediate caveat seems desirable.