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Shephard vs. Shiver, 43 Minn., 382.
Kayton vs. Barnett, 116 N. Y., 625.
Batchelder vs. Libby, 19 Atl., 570.
§ 1, c and d.

Herrick vs. Gallagher, 60 Barb., 566.
Elliott vs. Swortwart, 10 Pet., 137.

Lawrence vs. Fox, 20 N. Y., 268. Griffith vs. Winburne, 105 N. C., 403. Noland vs. Martin, 46 N. J. Law, 231; 58 Barb., 490; 130 U. S., 284.

Smith vs. Kelley, 43 Mich., 390. Book III., Chap. IV., § 2. Lee vs. Mathews, 10 Ala., 682.

Campbell vs. Portland Sugar Co., 62 Me., 552.

Hedden vs. Griffin, 136 Mass., 229.
Foster vs. Merts, 55 Miss., 77.

Tearl vs. Felton, 12 How., 284; 1 N. Y., 537; 3 Barb., 512.

Dulaney vs. Rochereau.

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BOOK REVIEWS.

Volume 128 of the New York Court of Appeals Reports presents a somewhat startling appearance to those accustomed to the modest, retiring, and indistinct style of numbering heretofore used.

In the place of the sober black stamping, is a large and gaudy red plaster, with the number printed across it, in gilt figures.

This is a step toward a needed reform, and, as such, is to be approved, even if the glaring label is somewhat trying to a sensitive æsthetic taste.

THE PLATFORM: ITS RISE and Progress. By Henry Jephson. In two volumes, 8vo., pp. 473, 498. New York: McMillan & Co., 1892. $4.

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The Platform,'" says Mr. Jephson, "is an attempt to graft a system of democratic government on the ancient constitution of this kingdom [Great Britain], or, in other words, is an attempt at the solution of the great problem of popular government." In no country in the world has "the platform" played so important a role in politics as in England. There "the platform," more than the press, formulates and gives power to public opinion. Making that country a republic in effect, though a monarchy in form.

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bines a most interesting style with many valuable historical qualities. The accuracy and importance of these volumes will immediately give them rank as a standard among works on political history.

THE LAW RELATING TO PUBLIC OFFICERS AND Sureties in OFFICIAL BONDS. By Montgomery H. Throop. New York: The J. W. Johnston Company, 1892.

Mr. Throop in this volume covers a wide field which has hitherto been practically unexplored. The vast amount of law on this subject has long remained in a scattered and demoralized state, and it was the object of the editor to gather together, condense, and render accessible the decisions bearing on this important subject.

The questions dealt with are in the main constitutional and fundamental, rendering the work valuable in every jurisdiction. There has been so much said and written on such subjects as Election by the People," "Appointments," and "Liabilities and Duties of Public Officers," that it is a great satisfaction to have easily at hand all the authoritative judicial expressions on these matters. The question of "Election by the People" receives exceptionable treatment, and the law concerning sureties on official bonds, and the writs of mandamus, quo warranto, and certiorari are thoroughly digested. One word should be added as to the typographical work on this volume, which deserves particular mention for its strength and neatness. The publisher has had every citation verified in order to secure the highest possible degree of accuracy. It is a work to be added to every lawyer's library.

AN ELEMENTARY TREATISE ON THE AMER

ICAN LAW OF REAL PROPERTY. By
Christopher G. Tiedeman, A.M., LL.B.
St. Louis F. H. Thomas Law Book
Co., 1885.

This volume needs and can receive no higher commendation than the fact that it has been recommended and adopted at Columbia as the standard elementary work on the subject of real property. The work is not intended as a reference book, but as an introduction to the study of the law of realty, intended to give the student the proper starting-point from which to direct his labors. The foundation, principles, and logical development of this branch of law are explained and simplified. We have nothing but words of favorable comment for this volume in its place as a foundation for the study of the law of real estate.

easily acquired by students, comprehended by justices, and readily reviewed by young practitioners." A Moses has surely come to lead the children of the law out of the wilderness of perplexity and doubt. How unfortunate Coke, Mansfield, and Eldon must have been to labor so many years in the study of the law, while we have the whole system, from equity down to domestic relations, given to us in leather an inch thick-a cure for all ills, relief for every ache, balm for every sore, that in one day, for three dollars students may acquire, practitioners review, and judges comprehend the law as it is, was, and ever shall be. We shall prize this curio and give it a prominent place on our shelves close to One Thousand Secrets, How to Become Wealthy, and Every Man his Own Lawyer,

etc.

EQUITY PRACTICE IN THE UNITED STATES CIRCUIT COURTS. By Oliver P. Shiras. Chicago Callaghan & Company, 1889. This is not a treatise on this field of the law, but is a collection of the rules, statutes, and forms involved in United States equity practice. The whole is condensed into a neat book of 140 pages, and is recommended at Columbia as the best of the kind. It is the work of Judge Shiras, United States District Judge for the Northern District of Iowa.

ABRIDGMENT OF ELEMENTARY LAW. By M. E. Dunlap. F. H. Thomas Law Book Co.

Between the two covers of this little volume are 400 pages, designed to cover the whole field of the law, and probably the prophets as well. Its extremely modest mission is to give a "regular law course, collected and arranged so as to be more

SELECTIONS FROM THE DISCOURSES OF EPICTETUS. Translated by George Long. New York and London: G. P. Putnam's Sons. The Knickerbocker Press.

This is one of the "Knickerbocker Nugget" Series, and a veritable little gem. Neat and artistic are these nuggets, but their real beauties are seen when a view within reveals the purest and choicest quality. Others of this series are: The Rose and the Ring, Letters of Lord Chesterfield, Essays of Elia, and many equally tempting and delightful. Every lawyer will do well to heed carefully these words of Epictetus :

"OF DISPUTATION OR DISCUSSION.What things a man must learn in order to be able to apply the art of disputation has been accurately shown by our philosophers; but with respect to the proper use of the things we are entirely without practice. Only give to any of us whom you

please an illiterate man to discuss with, and he cannot discover how to deal with the man. But when he has moved the man a little, if he answers beside the purpose, he does not know how to treat him, but then either abuses or ridicules him, and says, He is an illiterate man; it is not possible to do anything with him. Now a

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road, leads him into the right way; he does not ridicule or abuse him and then leave him. Do you also show the illiterate man the truth and you will see that he follows. But so long as you do not show him the truth do not ridicule him, rather feel your own incapacity. Now this was the first and chief peculiarity of Socrates, never to be irritated in argument, never to utter anything abusive, anything insulting, but to bear with abusive persons and to put an end to the quarrel. Hence with good reason in the poets also this power is most highly praised.

"Quickly with skill he settles great disputes.' HESIOD, Theogony, v. 87."

64

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