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representation in Professor Gray's Cases on Of the two volumes under review, the caseProperty, Vol. IV, is here touched upon. For book on Carriers is a well-chosen selection example, the matter of "Testamentary Ca- of the English and American cases upon this pacity and Intent" is adequately treated, as subject and introductory topics. The many is also the distinction between wills and other phases of this modern and everchanging dispositions of property. The subject of branch of the law are recorded, and frequent “Descent" is very well treated. This sub- footnotes supplement the necessary omissions ject is particularly difficult of presenta- in the main text. In an appendix appears a tion in a casebook which is intended for use copy of the report of the Interstate Comin different jurisdictions in America, and the merce Commission in the matter of Bills of author has covered it very well, not devoting Lading, and the forms recommended by that an inordinate space to it.

board for uniform adoption. An examination of the cases cited shows Professor Costigan has essayed a large that the English authorities which lie at the task, in attempting to give us cases covering foundation of many of the doctrines treated the law of Wills, Descent and Administration in the book, and which may well be said to in a volume of less than eight hundred pages. be classical, are freely used. In addition, the For the number of decisions in the English book contains many recent cases from the and American courts upon this subject runs American courts. An examination of the far into the thousands, and the number of American cases cited shows that the author differing rules is not much less. The learned has used excellent judgment in his selection author has included nearly three hundred of them, both in the matter of the jurisdic- cases, representing diverse jurisdictions, and tions from which they are chosen and in appears to have covered the field in an excelthe choice of strong, well-written opinions. lent manner. The arrangement of cases is An appendix contains the English Statutes, logical, and the footnotes valuable. The Engwhich are largely the model of American lish statutory provisions upon these subjects Statutes, on the subject of "Wills." The appear in the appendix. book has a good index, and the matter of The series is not designed with a principal footnotes has been very well handled, as they eye to the practitioner, but for the student are not overloaded with citations.

and professor of the law. If the succeeding -University of Pennsylvania Laic Rericw. volumes come up to the high standard set by

these two, the work will be one of the most successful contributions to the preliminary study of the law that our country has pro

duced. CASES ON THE LAW OF CARRIERS. By

-Yale Law Journal. Professor Frederick Green, of the University of Illinois Law School. American Casebook Series, James CONSTITUTIONAL LAW. By H. CampBrown Scott, Editor. West Publish- bell Black, M. A. Third Edition. ing Co., St. Paul, 1910. Pp. xx, 614.

Hornbook Series. West Publishing And

Company, St. Paul, Minn. Price

$3.75. CASES ON WILLS, DESCENT AND ADMIN

This standard work on constitutional law, ISTRATION. By George P. Costigan,

now quoted with Cooley and Story, has been Jr., Professor of Law in Northwest- steadily growing in favor for fifteen years.

Written in clear, straightforward English, no ern University. Same Series. West

other book on the subject is more readable. Publishing Co., St. Paul, 1910. Pp.

Pp. Arranged in the style of the Hornbook

Series, the statements of rules being in

heavy letters, the amplifications in The casebook system of the study of law dinary text, with key references to the has rarely received as convincing a statement principal reporting and digest systems, none of its merits, as that which appears as a is more available for ready reference. The general preface to the American Casebook book is adapted as an outline for lectures in Series, by the Editor of the series, to which colleges and law schools. The new edition the two volumes above belong.

embodies the changes that the progress of The main purpose of the series is to fur- the times has made in national legislation. nish complete and concise collections of cases These embrace questions relating to the on the subjects which are ordinarily required development of government by commissions for admission to the bar, and taught in our with delegated powers, social and labor relaw schools. The authors' list is a notable forms, and the insular possessions of the one, and comprises names which are recog- United States. nized nation-wide as authorities.

-The Advocate of Peace.

XX, 781.

or

TIFFANY'S PERSONS AND DOMESTIC Re- sary in the case of treatises which cover a

subject with greater minuteness. In the law LATIONS. Second Ed., revised by

of divorce, for example, there has been soie Roger W. Cooley, author of "Briefs activity of recent years on the part of Legis. on the Law of Insurance," and spe

latures, yet it has scarcely resulted in note

worthy innovations nor radically modified cial lecturer in Legal Bibliography. the principles set forth in this volume on its Hornbook Series. West Publishing

first appearance.

The second edition of the work enables Co., St. Paul, Minn. Pp. 551+table it to keep pace with recent developments of cases and index 105. ($3.75.)

in the law, its citations being sufficiently

complete, and on the whole it well fulfills The first edition of this standard treatise

its purpose. was published in 1896, and its popularity

-The Green Bag. was due to the satisfactory manner in which it met the demand for a comprehensive treatise on the common law of persons as modified by statute in the United States. The BRIEF-MAKING AND THE USE OF LAW arrangement was a decided merit, the rule

Books. By William M. Lile, Henry of law being conspicuously stated in black type, followed in each case by explanatory S. Redfield, Eugene Wambaugh, Edtext. The plan of treatment followed did

son R. Sunderland, Alfred F. Mason, not, to be sure, enable the reader to ascertain the statute law of his own state. The and Roger W. Cooley. Second Edicommon-law rule was first set forth, being tion. Edited by Roger W. Cooley. followed by the substance of such statutes as have been generally adopted, and their in- West Publishing Co. 1909. Pp. xii. terpretation by the courts, leaving the reader

574. to ascertain the law of his own state for himself. But as a practitioner is assumed either

In the second edition of this well-known to be pretty familiar with the statute law of manual, Professor Lile's introduction, Prohis state or to be able to turn to it readily, fessor Redfield's article, "The Brief on Apthis method cannot be criticised; moreover, peal," and Professor Wambaugh's, "How to the wisdom of concentrating the law student's Use Decisions and Statutes," remain. The attention upon local rules to the neglect of article of Mr. Mason, entitled in the first edi. those generally prevailing is open to doubt. tion, "American Law Publications," has beSo that Tiffany's Persons and Domestic Re- come “Where to Find the Law," and bas lations was well designed to prove service- grown from forty-six pages to seventy-six. able, and but few inaccuracies were noticed The article entitled “How to Find the Law" in the first edition.

has been rewritten completely by Mr. Cooley. During the past fourteen years the statute A further article, entitled “The Trial Brief," law has undergone much change, particularly by Professor Sunderland, has been added. with reference to the property and contract It is evident that the utility of a book alrights of married women, consequently Mr. ready useful has been increased. Mr. MaCooley found it necessary to make some addi- son's article will repay reading by the practions to the text, the material additions being titioner and may be commended to the stuin that portion of the work dealing with the dent as fair and accurate. Mr. Cooley has separate property of married women and performed a distinct service to all who use in the chapter on Separation and Divorce, law books by his lucid and practical exposia section relating to the extraterritorial tion of the mechanics of the search for aueffect of divorce having been added. The thorities. Professor Sunderland's article also principal work of the revisor has been the is distinctly a contribution. When one reincorporation of the later decisions into the members how he learned these things pain. notes. Even in the case of the law of Master fully and laboriously by experience, he can and Servant, where it might have been but envy the rising generation, for whom the expected that there would have been im- mechanical part of the use of a library has portant changes, and where changes are been systematized so thoroughly and er. certainly impending, the editor has seen fit pounded so clearly. One who fails to make to retain the original text substantially the best of the materials that are available unaltered. A book so largely concerned, has but himself to blame. Whatever mere however, with fundamental doctrines does method may achieve is put within his reach. not require that frequent revamping neces

-Illinois Law Review.

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541

MISAPPLICATION OF THE RES GESTÆ DOCTRINE....

By THOMAS W. HUGHES

AN AMERICAN LAW STUDENT OF A HUNDRED YEARS AGO... 547

By JAMES KENT

“IF”; OR THE LAWYERS' DREAM....

554

A STUDENT'S OPINION OF PRACTICAL LAW SCHOOL IN-
STRUCTION

By Walter K. TOWERS

556

559

RECENT STATE BAR EXAMINATION QUESTIONS....

New YORK, MASSACHUSETTS, PENNSYLVANIA

NOTES AND PERSONALS.

573

PUBLISHED BY WEST PUBLISHING COMPANY

ST. PAUL, MINN.

THE HORNBOOKS

Just what you need for “Brushing Up" Brief-Concise-To the

-To the Point $3.75 per volume delivered

Bound in buckram

BARROWS ON NEGLIGENCE. 1899. 1 vol.
BLACK ON CONSTRUCTION AND INTERPRETATION OF LAWS. 1896. 1 vol.
BLACK'S CONSTITUTIONAL LAW. Third Edition. 1910. 1 vol.
CHILDS ON SURETYSHIP AND GUARANTY. 1908. 1 vol.
CLARK ON CONTRACTS. Second Edition. 1904. 1 vol.
CLARK ON CORPORATIONS. Second Edition. 1907. 1 vol.
CLARK'S CRIMINAL LAW. Second Edition. 1902. 1 vol.
CLARK'S CRIMINAL PROCEDURE. 1895. 1 vol.
COSTIGAN ON AMERICAN MINING LAW. 1908. 1 vol.
CROSWELL ON EXECUTORS AND ADMINISTRATORS. 1897. 1 vol.
EATON ON EQUITY. 1901. 1 vol.
GARDNER ON WILLS. 1903. 1 vol.
GEORGE ON PARTNERSHIP. 1897. 1 vol.
GLENN'S INTERNATIONAL LAW. 1895. 1 vol.
HALE ON BAILMENTS AND CARRIERS. 1896. 1 vol.
HALE ON DAMAGES. 1896. 1 vol.
HOPKINS ON REAL PROPERTY. 1896. 1 vol.
HUGHES ON ADMIRALTY. 1901. 1 vol.
HUGHES ON FEDERAL JURISDICTION AND PROCEDURE. 1904. 1 vol.
INGERSOLL ON PUBLIC CORPORATIONS. 1904. 1 vol.
JAGGARD ON TORTS. 1895. 2 vols.
MCKELVEY ON EVIDENCE. Second Edition. 1907. 1 vol.
NORTON ON BILLS AND NOTES. Third Edition. 1900. 1 vol.
SHIPMAN'S COMMON LAW PLEADING. Second Edition. 1895. 1 vol
SHIPMAN'S EQUITY PLEADING. 1897. 1 vol.
SMITH'S ELEMENTARY LAW. 1836. 1 vol.
TIFFANY ON PRINCIPAL AND AGENT. 1903.

1 vol.
TIFFANY ON PERSONS AND DOMESTIC RELATONS. Second Edition. 1909.

1 vol.
TIFFANY ON SALES. Second Edition. 1908. 1 vol.
VANCE ON INSURANCE. 1904. 1 vol.
WILSON ON INTERNATIONAL LAW. 1910. 1 vol.

WEST PUBLISHING CO., St. Paul, Minn.

You may send me the volumes marked with a cross, at $3.75 per volume, delivered.

Name.

Address

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Organization and Promotion

He learns to size up men, to discern

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seize the psychological moment, and to

meet stratagem with a superior generalthan the fact that they were adepts in

ship which accepts only surrender. effecting organizations of men and cap

These powers come into play in every ital.

relation of the lawyer's life, in meeting While work of this character requires

his client in the office and managing him little real knowledge of the law, noth

afterwards, in every encounter with the ing so inspires confidence in a man as a

other side in a case, in effecting comprolawyer than his connection with matters

mises and adjustments, and in facing a of this kind. It is a fact, too, that the powers of jury and a court.

We earnestly urge activity along these mind brought into play in bringing about

lines upon the lawyer seeking recogniand financing an organization are pow

tion, and submit below several plans for ers the exercise of which will benefit a

Do not, however, be content lawyer in the real work of his profes

with the plans of others, but use the sion, and the development of which he

splendid capabilities of your own mind, cannot afford to neglect.

which may, for lack of impulse, be lying

dormant, and think out plans of your * This article is taken from a little book entitled "Building Up a Law Business," own, which will perform a real use and published a short time ago by the Murdock

supply a real demand. Depend for your Law Book Company, Newark, N. J. As a book of “Ways and Means” Mr. Murdock's individual success on the help you may work is invaluable. It should be read by

be to others. Remember that this is the ali law students about to engage in the practice of law.

age of co-operation, of mass movement, (535)

his use.

39

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