Stephen Johnson Field

“ Much inconvenience had been previously felt by the profession from the dissimilarity in pleadings, forms, and modes of procedure of the federal courts from those in the courts of the state, consequent upon the general adherence of the former to the common-law forms of actions, pleadings, and modes of procedure; while the distinctions in such forms of action and the system of pleading and the modes of procedure peculiar to them had been in many states abrogated by statute. The new codes of procedure did not require an accurate knowledge of the intricacies of common-law pleading ”

“ It matters not that the remedies designated in section 916 are stated to be to reach by execution or otherwise the property of the judgment debtor; and that proceedings under the stay-law of Nebraska are only to secure, where a stay is obtained, the personal liability of the sureties for the amount of the judgment, in the absence of a designation of any other remedies, the section is a declaration that, until adopted by a rule of the court, no other remedies prescribed by state law shall be permitted in the federal courts. ”