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this work to get below this mass of cases which rest one upon
another, and find out why a given principle, or rule of law, should be maintained, and cite the cases by which the reason for the rule has been established. In many instances this has been a laborious and difficult, in others at hopeless and impossible, task. It has been an interesting and useful labor to the author, and it is with the sincere hope and trust that it will be of practical benefit to a profession the work of which becomes more and more laborious as the decided cases multiply and increase, that the work of the author is now given over to the publisher.
Upon many of the propositions laid down, the mere citation of authorities has been regarded as all that is needed; but where the authorities have not agreed, upon material questions not controlled by differing local statutory provisions, the cases have been carefully traced back and an effort made to ascertain which line of decisions is sustained by the better reason, the reasons given have been used in the notes, and the author's own conclusions have not been withheld, but have been freely given for what they are worth.
The cases and authorities have been selected with great care, and with no effort or desire to render the book imposing by their number; but it is hoped they will be found sufficiently numerous to make it practical and useful to the profession.
The work has been rendered much more difficult and laborious by reason of the fact that the jurisdiction of courts has come to be controlled and regulated, to a very great extent, by the statutes of the several states, which differ sufficiently, upon many of the questions involved, to give rise to conflicting decisions resting, not upon reason or principle, or upon the conviction of the court as to what the true rule should be, but upon statutes providing, in terms, that it shall be so in one state and different in another.
The effort has been made to avoid cumbering the book with a discussion of questions growing out of local laws, except when necessary to get at general principles, and at the same time not to avoid the labor of working out, as fully as possible, any complications or changes growing out of and resting wholly upon them.
It will be seen that no effort has been made to treat of common law, equity, and statutory jurisdiction as separate and distinct branches of the law on the subject, but they have been treated together, upon each subject, and as affecting them all in a greater or less degree. This has been done because it is believed that they have become so intermingled by constitutional and statutory provisions that they can not be treated separately, in the same work, without useless repetition and unnecessary confusion. It will be found, however, that the rules and principles of the common law and of equity, as well as the statutory provisions relating to each subject, have been carefully considered and distinguished in treating of that subject.
A separate discussion of the specific jurisdiction of the federal courts has not been undertaken. But upon each subject considered their jurisdiction has been fully shown, and the distinguishing features of the functions and powers of the United States and state courts, and the reasons therefor, have been carefully pointed out.
The general plan of the work has been to discuss, first, general principles affecting jurisdiction, and to follow with a consideration of the means of acquiring jurisdiction, including the issuance and service of process, and then to take up each subject of jurisdiction, including the various writs at common law, in equity, and under statutory provisions, with a view to cover every material branch of the subject.
Whether the work has been so done as to render it of practical benefit is now submitted to the judgment of the courts and the profession.
J. D. W. San Diego, CALIFORNIA, September, 1894.
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