A Popular and Practical Introduction to Law Studies: And to Every Department of the Legal Profession, Civil, Criminal, and Ecclesiastical : with an Account of the State of the Law in Ireland and Scotland, and Occasional Illustrations from American LawWarren, Samuel. [Clerke, Thomas W.]. A Popular and Practical Introduction to Law Studies, and to Every Department of the Legal Profession, Civil, Criminal, and Ecclesiastical: With an Account of the State of the Law in Ireland and Scotland, and Occasional Illustrations from American Law. From the Second London Edition. Entirely Remodeled, Rewritten and Greatly Enlarged With an American Introduction and Appendix by Thomas W. Clerke. New York: D. Appleton & Co., 1846. xxiv, 674 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003052752. ISBN 1-58477-378-2. Cloth. $130. * Reprint of the second American edition, which is based on the second revised London edition, 1845. This classic guide to legal study and practice was first issued in England and the United States in 1836. Not content to limit himself to practical advice, Warren [1807-1877] adds a primer on legal ethics (and a sampling of encouraging maxims). Clerk's additions include a fascinating six-page supplement to the chapter on special pleading that attacks the New York State reforms proposed by David Dudley Field. He also includes an outline of the recently reorganized Harvard Law School Curriculum. "It stands at the head of all works of its class for amount and variety of information, felicity of illustration, and a spirit-stirring and sparkling style": Marvin, Legal Bibliography (1847) 719. |
Contents
ARCHBOLD Justice of the Peace | 419 |
CHAPTER XV | 420 |
Rayley 1 Burr 319 | 427 |
Hopkins 1 Sch Lef Irish | 428 |
1845 | 430 |
Wentworth v Outhwaite 10 M | 436 |
CHAPTER XVI | 444 |
CHAPTER XVII | 463 |
| 100 | |
| 119 | |
| 137 | |
CHAPTER VII | 153 |
Fitzharding Berkeley6 | 181 |
DIFFERENT DEPARTMENTS OF THE LEGAL PROFESSIONCIVIL CRIMINAL | 185 |
Gee Amb 810 | 195 |
284 | 196 |
Blundell 12 M W 324 255 | 201 |
294 | 209 |
Angel 1 Sim Stu 83 | 225 |
Haycraft 11 Ves 574 | 233 |
199 | 240 |
Equity 185245 | 245 |
66 | 252 |
153 | 254 |
Chandless 3 Camp 19 | 260 |
Freeman 3 T Rep 63 | 263 |
Hood 5 Bing N C 97 | 269 |
Hutchinson 2 Ad | 274 |
Harrington Earl of v The Bp of Lich | 280 |
Baylis 4 Ad Ell 256 | 291 |
551 | 292 |
266 | 299 |
Abbott 2 Doug 555 | 305 |
Lyme Regis Doug 159 420 431 | 313 |
370 | 314 |
527 | 329 |
ALLEN Inquiry into the Rise and Pro | 349 |
CRIMINAL DEPARTMENT | 351 |
Eliz c 5 | 354 |
Higgins Case 2 East 8 | 356 |
Stewart 10 Bing 320 | 360 |
Smiths Leading Cases 387 | 362 |
Geo 2 c 20 | 367 |
PAGE | 376 |
Montague 2 Mau Sel | 377 |
CHAPTER XIV | 396 |
AMOS Law Lectures | 402 |
CHAPTER XVIII | 474 |
Scarlett 1 B Ald 232 | 479 |
372 | 483 |
LAW LIBRARY Books for | 485 |
Lord Annersley 2 | 491 |
Reports 492 | 492 |
415 | 502 |
27 | 508 |
CHAPTER XIX | 513 |
CHAPTER XX | 519 |
Parties to Actions | 523 |
66 | 528 |
CHAPTER XXII | 532 |
Wm 4 c 7 | 534 |
457 | 548 |
CHAPTER XXIII | 549 |
COURSE OF LEGAL EDUCATION ADOPTED AT THE LAW SCHOOL IN HARVARD | 557 |
No III | 566 |
PLEADINGS IN PARTICULAR ACTIONS | 575 |
106 | 581 |
COURSE OF PLEADING IN AN ACTION AT LAW 590593 | 590 |
No VIII | 604 |
No IX | 608 |
No XI | 623 |
NOTE X page 277 ACTIONS | 629 |
294 | 637 |
Law of Nisi Prius | 639 |
427 | 643 |
Nesbitt 6 T Rep 23 | 645 |
PHILLIPS Evidence | 651 |
214 | 653 |
Newall 2 Myl Cr 570 | 657 |
LORD AND VASSAL | 659 |
BARTON Precedents in Conveyancing | 662 |
Elements of Logic | 664 |
NOLAN Treatise on the Poor Laws | 668 |
524 | 669 |
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Common terms and phrases
administration afford aforesaid alleged ancient application assumpsit attention attorney barrister Bill canon law cause Chancellor Chancery chapter Civil Law Comm commencement Common Law constitute contract conveyancer counsel course Court of Chancery Court of Equity Courts of Law criminal law decisions declaration defendant Detinue distinction Ecclesiastical effect England evidence exercise facts form of action hath important injury Inns of Court instance interesting judges judgment jurisdiction jurisprudence jury justice knowledge land lawyer learning Lord Lord Chancellor Lord Mansfield Lord Tenterden matter ment mode nature Nisi Prius object observed occasion Parliament party person plaintiff pleader pleading possession practice practitioners present principles proceedings profession Queen's Bench question real property reason reference respect Roman rules says sessions special pleading stat statute student thereof tion Treatise trust Vict Westminster writ
Popular passages
Page 140 - So if a man's wit be wandering, let him study the mathematics; for in demonstrations, if his wit be called away never so little, he must begin again. If his wit be not apt to distinguish or find differences, let him study the Schoolmen; for they are cymini sectofes.
Page 98 - Tis two or three, my lord, that bring you word, Macduff is fled to England. Macb. Fled to England ? Len. Ay, my good lord. Macb. Time, thou anticipat'st my dread exploits : The flighty purpose never is o'ertook, Unless the deed go with it : from this moment, The very firstlings of my heart shall be The firstlings of my hand.
Page 47 - He was bred to the law, which is, in my opinion, one of the first and noblest of human sciences; a science which does more to quicken and invigorate the understanding, than all the other kinds of learning put together ; but it is not apt, except in persons very happily born, to open and to liberalize the mind exactly in the same proportion.
Page 505 - Wise men have said are wearisome; who reads Incessantly, and to his reading brings not A spirit and judgment equal or superior (And what he brings, what needs he elsewhere seek) Uncertain and unsettled still remains, Deep versed in books and shallow in himself...
Page 204 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged.
Page 321 - And the field of Ephron, which was in Machpelah, which was before Mamre, the field, and the cave which was therein, and all the trees that were in the field, that were in all the borders round about, were made sure unto Abraham for a possession in the presence of the children of Heth, before all that went in at the gate of his city.
Page 204 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition...
Page 592 - Chester is, and, from time whereof the memory of man is not to the contrary, hath been a...
Page 147 - Chilling-worth, who by his example will teach both perspicuity, and the way of right reasoning, better than any book that I know; and therefore will deserve to be read upon that account over and over again; not to say any thing of his argument.
Page 256 - And therefore if all the reason that is dispersed into so many several heads, were united into one, yet could he not make such a law as the law of England is ; because by many successions of ages, it hath been fined and refined by an infinite number of grave and learned men...