After quickly outlining recent, legislation in the field of practice and pleading, this Article proceeds to a more detailed treatment of pertinent judicial developments. Several of the Supreme Court of Appeals' decisions merit close attention, principally Rakes v. Fulcher and Sullivan v. Little Hunting' Park, Inc. Recurrent in the discussion of the judicial opinions is concern not only with the announced law, but also with the manner of the announcement-concern, that is, with both the legal results and the legal craftsmanship. Organizationally, an attempt has been made to discuss the judicial material at the time of its "moment of truth" in the procedural process; for example, the problem of "an issue first raised on appeal" will be treated under the consideration of trial errors, since the failure to raise an issue during trial generally precludes success on appeal, so far as that issue is concerned.

Document Type


Publication Date


Publication Information

56 Virgina Law Review 1500-1535 (1970)