New-York tribune., 1876-02-01
NEW PUBLICATIONS.

sEMER5oFS HMcroS 4c9oE6fq 70 TS aEoME9 Az 1B I;
svo pp. ga. IlTt'e, brown, < c''np'ny
Tie starting point Of this treatise Is found III
ihe high adn!,ou Oi the author Tor thc code Oh lro
sedur, n cl by the Iegi lature Of NewYOrk IN l8is,
and snoe sdopei 10y than t~ony other states ana
T,r,tc,ie- u ihe American Union. The essenin iea-
t.res % t.is code nave finally accepted ny Tie Brit
,sh Parliament and heve recently displaced the ancient
u,dhals oi She common law and the eqniiy cCGiIs III
England This alone n regarded by h' author Hs IA
c.pe,usiyc test Of its excellence. la his OPINION i iuy
authorizes tie h.f that tie American system oi rro
eedure founded upon true prime PIES that h em'ooes
te suggcst'Os Of reason respect TO thc cuidict OF
judicial controversies, and that ia i;e conception ana &c
s it j. 'ar superior To the artificial modes Wlch nave
been l0As considered the perfection ol JuIs I'"''
tot nv English aud American lawyers IN the adoption
OF this code modern legislation has Only Followed the tN
ample of the Rom IN law in pursuInce OF the meyi-
ta5,e conditions OF progress whic' always pro
drce the same resGlts under the same social
circumstances. In ats essential doctrines, the code
OF procedure and the saIne wherever pFe'dht
either in the United States In ENGLAND N spite o IN
important ds, fcnces i'll modes OF practice re C'i
Action" which it has crated the sole insum' Mt Tor
the ria OF ali judicial cOntrov .rses the suue IN form
and sub-tauce governed Ivy the me elementary rules
and emhodyin, tho organic principles Hence aS
the author contends its fun heuehs cannot be reached
unfit the and he Profession shall accept II IA S
simplicity, and to obstract its eieient operation
Oy lquated dOHs. He aims therefore, III INC pres
ent volume to exhibit the remedial department o
The law accord.ns % the reformed procedure ii con
stitufes compl te and independent work IN iIsei'
although It does attempt full exposition of 'he
rnss of pretico Tne discussions which " contains are
DOT theoretical bat are iodudrd judicial decisions,
ra wing freely tbs States reports, and thus showing
the action of the courts the coaOnwcatAs M which
t system prevails Whenever tie author expresses his
avn views ana speculatons, he has stated t"om aS
,ueh 50 that tie reader need not oJi0und
them with actual DECISIONS or accept as laW
what is only personal oOnvistion. His mode
OF treatment includes first, exposition Of tie grand
principle Civi Action. namely, tie abolition OF h1
distinction between legal aud equitable suits, ANA second,
review Of tr practical rules which control lts exclCse
The s,rcia topics Of the OF action, and TIE claim
of relief arc f cussed with mnuteness OF detail, IN
proportion to their Importance. An atnp. has also
been made in connection WITH the general treatment Of
the sntcc, determine The meaning Of certain phrases
in the different codcs Uyon which The construction o
many important prov,s.cgs essentially depends TIC
treatise is designed only had-pcok for members
o. tie bar where the reformed procedure Is in us but ~
textbook students in law IS hOos and o:lcos It 70
well adapted the latter purpose by It's te'tc and viz
prous vie aud its freedom from the GusCless and
repcon which arc the hgEe Of many o tbe STANDARD
authorities; wle exact learning and stringent logic
viii recommend IT to the favor OF the advanced
practitioners whose devotion to precedent and iorn has
not led them to neglect the study Of legal principles