or may be implied from conduct, might, we thought, be appropriately treated of by means of propositions, supported by illustrations carefully classified, and arranged, as far as possible, in chronological order ; and we have accordingly so dealt with them. In other parts we have contented ourselves with simply stating the law, and giving a reference to the authorities in the notes. We should have dealt somewhat more fully with some of the older cases, had space permitted us to do so. In the Introductory Chapter we have made an attempt to clear the character of our subject from that odium in which it has been supposed to be enveloped. In the Appendix is contained a concise report of the Duchess of Kingston's Case, together with full citations of the numerous authorities referred to by the various counsel in the case; and this is preceded by a short account of the nature of the jurisdiction of the ecclesiastical courts previously thereto. In citing the cases, only one reference is used, as a rule, in the body of the work. But, in the Table of Cases, fuller references, usually at least two, are given, and every case has been dated, an important detail which every lawyer will appreciate. We fully acknowledge the assistance we have derived, in the preparation of this work, from the note in Smith's Leading Cases above referred to, which directed us, in the first instance, to many sources of information which we might otherwise have passed over. The task of writing the book has nevertheless involved a considerable amount of original research, both amongst old and modern authorities; and, notwithstanding the fact that the cases connected with the subject are very numerous, we have, as far as possible, made reference to those which seemed to us of sufficient importance. L. F. EVEREST. E. STRODE. FARRAR'S BUILDING, TEMPLE, May, 1884. Difference between estoppels and admissions . . . . . . . Division of the subject; estoppel by record, by deed, and in pais . Lord Coke's general rules . . . . . . . . . j Exception in case of the Crown . . . . . . . 8 Authorities that the law does not favour estoppels . Proceedings of record and of quasi record . . . . . . 17 Pecords are conclusive . . . . . Records admit of no alteration . . . . . . . . 19 Averments which stand with the record are allowed . . . . 23 Difference between effect of a mistake in the record and of the party Estoppel by verdict and pleading . . Judgment obtained by compromise. Judgment obtained by consent . . . . . . . 27 Notice of admission of document . . . . . . . 27 Confession of defence . . . . . . . . . Discontinuance of action . . . . . . . . . Nonsuits . . . . . . . . . . . Records in actions wrongly brought . . . . . . . Admissions arising from pleadings . . . . . . . Default and omissions in pleading . . . . . . .. Omission to plead defence . . . Omission to plead set-off or counter-claim . Pleas in the spiritual courts . . . . . Particular instances of records . . . . . . . . Fines, common recoveries, licence or charter of alienation Affidavits . . . . . . . . . . . . 39 Acts of Parliament . . . . . . . . . 39 Proceedings of bodies other than courts of justice, e.g., of court of aldermen, sheriffs' returns, arbitrators' awards. . Judgments of courts of inferior or limited jurisdiction . General rules . . . . . . . . . . . 44 As to the parties to an action . . . . . . . . 51 Suing in different rights . . . . . . . . . . 52 Priyies in blood, in law and by estate . . . . . . 52 Estoppel limited to parties and privies . . . . . . 55 Between whom records admissible in evidence . . . . 56 Parties claiming under original parties, and joint parties. As to the subject-matter of the action . . To work an estoppel, the cause of action must be the same Where plaintiff recovers less than he might have done . . Continuing cause of action . . . The true test whether a former action is a bar to a subsequent action . . . . . . . . . . . . The elements necessary to establish the plea of res judicata . 64 How far a judgment conclusive as to matters incidentally deter- |