New-York tribune., 1890-01-11
NEW LAW BOOKS.
HINTS TO LAYMEN.


Rochester: Williamson Law Book Company.
RIGHTS. REMEDIES AND PRACTICE: AT L.t"i LN In
EQUITY AND UNDER THE C0DEs;, b! T1nn Tnn
ID Lawson. vols. 5VO. san frdi'lSO"' i'''
croft Whitney Company
The primary purpose of Mr.. Donovans niue pooR
and of kindred works Of the same author "dS "P
parentlv been 20 kindlc IN the minds OF I@"NerS 'd
narticularly voung lawyers or law stuochu' al
enthusiasm for the work of the legal advocate anu 90
aid him in acquiring skill and proficiency therein pN
nontinr ont tbe mehods and guiding principles OF
the great leaders of the p,OfeS on 10 coiN'"crfD'
extent it Is certainly true that t'c auOhor Has p'0
successful, and particularly so II success Is III any
degree in such matters 10 be gauged by the number
of comics sold and read. Mr.. Donovan mas llc ar vi
putting together i'll exceedingly attractive lori'
the stories Of successful legal strategy a. well as INC
niles of forensic conduct, which 1t j. ciAi'"eu ''0
certain guides TO success Without dspiF"-e"'"''
however to the many excellent qualities o 'le pooN
there arc sev eIal criticisms That should De "do''
Tho chief one is that, either consciously or "h'
consciouslv tic author has allowed the sentiment 10
norvade the book that "success." in the particular
case in hand must be the one controlling purpose
paramount even to the question OF the Hed"S ny
which that success attained.
For instance this appeal OF Western cohhsel 10 "
Jury IN a criminal case is quoted win al 'hc c'np''
of italics and small capitals: "Of AL things TO Jury
tbo first and middle and last consideration Is Tile
consequences Of their verdict" AHd the author SHOWS
by the context that his approval Of the sentiment i
founded on the worst construction OF tleSe WoIu''
namely that the jury 10 be led to the reNuer"e
of favorable verdict by appeals to their Symp''"os
for those other than the prisoner Wo may be d"et'eu
by an adverse verdict. No one knows better thdh
Mr.. Donovan that uo jury has any r-ht 10 Oa'c l'S
conclusions upon sU,h considerations, anu nc Ncio
presiding a Judge al trial where sneh an "Ppc"'
was made he would be bound 10 tell them So lhs
is no new doctrine amOnc criminal lawyers. Many a
guilty rascal secured h> acluhtal DN uie SAi'
with which his inscriptions counsel has diverted the
attention of the jury from the question Oh HIS gum
to that OF the consequences OF thcr Vefdc' upon
Others. But when such methods are hcid up WIN
approval before young and ardent and susccpuble ius
the fact should meet with instant condemnation lro"
all lawyers and laymen alike, who desire to SEQ
courts Of Justice redeemed, indeed they have largely
been in the last twenty-five years, from the stigma
of such perncious principles.
For the most part however. the moral tone of
this book is good, and particularly where II ncul-
Gates definite habits OF thought and work The
author has not always been fortunate in the par
heular LAWYERS whom he has selected as representa-
tves of the highest order of advocacy. This Is GER
tainly true with regard to this city, when George NJ
Curtis is picked from the large number OF eminent
LAWYERS of New York for the distinction of fulpaSe
portrait and an extended sketch of his he MI
Curtis has good points a lawyer as many hundreds
and perhaps thousands Of his professional brethren
in this city have but when he is made to rank as an
advocate Mr.. Carter senator Evarts. Mr. Parsons
Mr. Choate and many Others who might be named 1he
funny side of the situation must strike him as iorcby
as il would any other wsl-informed LAWYER But
despite these flaws. Mr.. Donovan has made very
attractive little book for old practitioners as wei as
young students and some parts OF II VIII well repay
thorough study
Mr. Lawson is the author of several useful law
hooks but the latest is the most ambitious work
which he has yet undertaken. In fact with the pos
sible exception Of Mr.. Waits " Actions ana De
fences no other law work Of equal breadth and scope
has appeared in recent years. To describe It, a. he
author does the title PAGE, as treatise on Aer
can Law in civil causes7 will not be inapt, If the
promise OF the first two volumes, now before
MS shall be sustained by the remaining five.
In the preface Mr. Lawson frankly declares his pur-
nose to supply to the lawyer who does not have redV
access to large law library all the material he NAV
need in practice which he has been accustomed 10
seek from commentary textbook and digest III
word 10 supply complete lawhbrarv for the Amerl-
can practitioner in civil courts, excepting the reports.
srch task As the author has set for lhluseh must
he no easy one and his statement that ihc WORK mas
been the labor of years Will be readily believed
The only way 10 form an opinion as 10 'le H'eIlvH
~ spcb work upon brief examination is to apply
the test Of thOrouChncSS 70 one or t"o particular
subjects. We have attempted this method WIN inc
,Uo frs. Volumes selecting for the examination those
pars treating of corporations and "eXecutors ana
administrators While the author avoids any eA-
tended discussion of the questions that nave arisen III
the courts he appears have stated with more or esS
fitness the results of all the important adJudcatonS
of the courts of the most important states. IL ne
pves most prominence to those Of California ana
New-York this is easily explained by the act that l@
decisions Of the Ncw-Iogk courts have the greatest
authority throughout Union from their Importance
and the high rank Of our courts while California Is
tbe STATE in which tie author practices. which has
adopted our codes, and which follows our procedure
as well as the decisions Of courts Of law and equity
with great Difference. But the important decisions
of other states and the Federal courts are by no
means overlooked TOPICS, such as, for instance.
tie dissolution Of corporations and the rights ana OBJ
legations Of foreign executors, are treated somewhat
more racagrely than the scIrOc for light upon some
details of those questions might wish but TINS appears
10 grow out OF the absence Of adjudicatons upon the
matters omitted rather than from naccurdcy or care
lessness. Upon most points, certainly upon many
the authorities appear TO have been followed down l"
the year 1859.
If the remainder Of the work is continued as faith
fully and ntellgenty these two volumes begin IT,
lawyers in all parts Of the country Will find 1t OF
great use and value.