Willis: Anglo-American Law 
45 
mancled in the writ. On the designated day Policeman, let it be sup- 
posed, would have appeared and Student would have been there too. 
In earlier times these appearances would have been actually made in 
open court; and the parties by oral pleading would have reached an 
issue. In later times the appearances would have been made by serving 
or filing written statements of appearance, and each pleading would have 
been written and would have been served or filed at prescribed periods 
of time. 
If this controversy occurs in New York today, Lawyer is not at 
the trouble of going to Chancery. He may start his action without 
an application to any court or official. He will first make out a sum- 
mons. ... He will cause this summons to be 'served upon the de- 
fendant, Policeman, by the sheriff or some indifferent person, who will 
make the service by handing to and leaving with Policeman a correct 
copy thereof. The complaint may, but need not, be attached to and 
served with the summons. If not so attached, the defendant may pro- 
cure a copy of it by serving on plaintiff’s attorney a notice of appear- 
ance and a demand for such copy. . . . The sheriff or constable 
will serve the writ by leaving an attested copy of it with defendant 
or at his usual abode. 
In some jurisdictions the action is begun by filing with the Clerk 
of the Court the complaint and a Praecipe for a Summons. The Prae- 
cipe will usually be entitled with the name of the court and county 
and with the names of the parties, and will be signed by the plaintiff 
or his attorney. The body of it will be substantially as follows : 
“The clerk of the District Court will please issue summons in the 
above-entitled action returnable according to law” . . . 
The clerk of the court will issue a summons according to the re- 
quest in the Praecipe, and the proper officer will serve it upon the 
defendant. 
Raising and Deciding an Issue of Law. When Policeman is served 
with the summons, if he is wise, he will retain an attorney. Let it be 
assumed that he employs Arthur Andrew. Andrew’s first task will be to 
examine the declaration or complaint. If it has not been served with 
the summons but [it] is on file in the office of the clerk of the court, 
he may inspect it there and make a copy of it; if not on file, he may 
secure a copy from plaintiff’s attorney. If after scrutinizing the com- 
plaint he is convinced that the facts alleged therein disclose no legal 
claim against Policeman, he may desire to challenge its sufficiency. He 
will have to make an appearance for Policeman. In some jurisdictions 
this is done by filing with the clerk of the court a statement that Peter 
Policeman appears by his attorney, Arthur Andrew; in others, by de- 
livering to plaintiff’s attorney a notice of such appearance or by serving 
on him a pleading in response to the complaint. In attacking the com- 
plaint, at common law and under most codes, he will interpose a de- 
murrer. In New York and a few other jurisdictions he will make a 
motion for judgment dismissing the complaint on the ground that it 
does not state facts sufficient to constitute a cause of action. In either 
event the case will be brought on for argument before the court without 
