The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-01-07
RcvicN 5.

| FIFTH ROBlNSONS fRACTlC..-1Hc IIaCtioe
in.Courts Of Justice in England and the Uni
ted States. by Conway Robinson. Volume
5th, as to the grounds and form of defence in
personal actions. Richmond Woodhousc u
Parham. Baltimore: Cushings & Bailey
Philadelphia: r. d j. w. johnson & Co.
1869.
We take from the Boston Post the follow
ing notice of this work:
This volume is the latest instalmcnt ola
work of rare originality and genuine power,
by jurst Of great eminence. 'We are inclin-
cd 10 believe remarks the last Lao Reuie,p,
that if q practcing lawyer could have in his
general practice access to but q single work,
this would be the best he could select Struck
with this most eytravagant laudatiOn, our at
tention was by it directed to this volume, and
a careful examination of its contents has led
lis fully 10 concur in this forcDlc expression Of
opinion. 1t is, indeed. lirst-cass work III all
its volumes, and when the concluding volume
is issued the series will make law compend
worthy TO rank beside Viner. Bacon and Co
myn, rs depository Of legal truth. The first
volume treated Of The place and time of a
transaction or proceeding treating chiefly Of
the conflict of laws and the statutes Of limita-
ton. The second volume related to The sub
ject matter of personal actions, or tho right of
action The third was devoted to Personal
actions with respect TO parties who may sue
and be sued; the form Of action and the frame
of the pleading The fourth was on pleadings
and personal actions This volume treats of
the grounds and forms of defence in personal
actions. The sixth, and probably concluding
volume, will follow up this general head into
some further details, such as pleas in actions
on policies of insurance, in actions for rent or
OH covenants on lease, or upon an award or
bond to perform it, or upon a judgment, &C.,
&C. 1t will also treat of pleas in actions for
trcspass, in actions for specified goods or the
conversion thereof, and in special actions in
tic case; and pleas applicable to actions wheth-
cr on contracts or for injuries, and also OF re-
plications and other plcadings to issue. This
concluding volume will be shortly issued.
The skill with which hc intcrweavcs original
discussion with casc-learning, will be remark
ed as specially worthy Of attention. There is
an occasional mannerism and popularity in
the style, but for the most part i. is pointed,
scholarly and interesting. Any one reading
this volume will perceive that the writer is
man thoroughly grounded in the principles of
practice, in its largest sense, as originally pre-
sented in the early teXt-writers, and decisions.
and as subsequently modified and illustrated
in the latest leading decisions Of England and
the United States. He is of the old school of
lawyers of which Luther Martin was sample.
Pinckney would have reyellcd in these luxl-
rious pages Us he did in one of Scotts latest
novels. The author uses the cases with the
greatest skill. That he is not their slave but
their master, there is evidence on almost every
page of this volume. 1t is evidently not the
result of cramming for an occasion, but the
ripcned fruit of q life of thought, study and
practice. He is manfestly lawyer of ideas.
His opinions are decided and certain, and his
statements are well guarded. He cnunciatcs
principles with great accuracy, boldncss and
certainty. He rarely quotes unless for spc-
ciiic purpose of Illustration or statement. The
work is unfortunate in its title. We supposed
before reading it that, following Tdds' prac-
tice, It was devoted merely to that technical
head; but it is far more comprehensive in its
plan and valuable in its details; it is a COM
plete body of the law of remedies in its princi-
pies. The author is devoted student OF the
common law in its latest illustrations and
notifications. The common law, to-day, is,
in many respects uncertain and unsettled.
What was needed is Il presentation of tic conl-
mon law of to-day, as recognized in England
and America This work was partly done in
Scargcant Williams edition Of Saunders, but
this is now q comparatively old work, and
valuable as it conlessedy is, 1t is much better
suited to the English than the American stu
dent. Within the last forty years, covering
the age of Tenterdcn, Denman, Lyndhursl,
Campbell, Truro, Kelly, &C., &C., there has
been an immense addition to the adjudca-
tions. No lawyer can CO. lcr himself surely
informed on O question Of common law who
does not know these recent adjudications in
their connection with the more ancient dcci-
sons. This work Mr.. Robinson has done for
the American and British lawyer in style of
which little complaint can be made. and which
the most hypercritical will, we think, regard
as nearly perfect law composition. His at
tempt is to settle, adjust, and fix the present
common law, as to remedies and practice. He
does not seek To write book on refo ormed
remedies or amended practice. Accor dinghy
there is good deal Of case-learning in the
volume; too much for strictly original work
on most other topics OF the law. But for Il
book on practice, not a particle too much OF
this element Is seen. II being found thorough
and complete In covering the ground needed
to be covered the remaining query should be
as to its accuracy, clcarness and reliability in its
statements Of principles, good and sound, to-
day. The chief justice Of an English court
best answered this, when he declared Of it:
1t seems most comprehensive and valuable
work upon the subject which it embraces,
likely to be quite as useful in this country as in
America This is tribute rarely paid by the
bench to tho labors Of Il text writer, however
well confirmed in public esteem, and in this
case no careful reader Of the work will ques-
tion its guarded accuracy"
THE Book OF SNoBs. BY W. NJ Thackeray.
Appleton & Co. have issued fifty-ccnt cd-
ton of the Book of Snobs-the articles COM
posing which originally appeared in Punch
This volump il nniform with the other vol