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Statutes—Validating Acts

53

Streets and Highways—Vacation..

54

Torts—Contributory Negligence of Beneficiary under Death Act... 564

Workmen's Compensation-"Arising Out of the Course of Employ-

ment"

402

Workmen's Compensation—"Arising Out of the Employment"..254, 490
Workmen's Compensation-Arising Out of Employment..

572
Workmen's Compensation-Death of Beneficiary of Award-Diver-
sion of Award to Another Beneficiary..

330

Workmen's Compensation--Enterprise

209

CASES-COMMENTS

Adkins v. Children's Hospital, 43 Sup. Ct. Rep. 394.....

118

Aldendifer v. Wylie, 306 Ill. 426, 138 N. E. 143..

254

Bagdonas et al. v. Liberty Land and Investment Co. et al., 309 Ill.

103, 140 N. E. 49....

250

Bell v. McDonald, 308 III. 329, 139 N. E. 613.

252

Best Manufacturing Co. v. Creamery Co., 307 III. 238.

475

Board of Education v. Industrial Commission, 301 Ill. 611, 134 N. E.
70

209

Bohn, In re, 308 Ill. 214, 139 N. E. 64.

400

Bolton v. Bolton, 306 li. 473, 138 N. E. 158.

206

Bookless v. Charnock, 307 Ill. 578..

481

Boorde v. Industrial Com., 310 Ill. 62, 141 N. E. 399.

572

Bradford v. Andrew, 308 Ill. 458, 139 N. E. 922..

327

Brewer-Elliott Oil & Gas Co. v. United States, 43 Sup. Ct. Rep. 60.. 481

Burton v. Boren, 308 Ill. 440, 139 N. E. 868..

253
Chicago v. Green Mills Gardens, 305 III. 87, 137 N. E. 126.

207
Cook County v. City of Chicago, 311 Ill. 234, 142 N. E. 512.

567
Cooper v. Martin, 308 III. 225, 139 N. E. 68..

479
Craig v. Wismar, 310 Ill. 262, 141 N. E. 766..

572
Dickman v. Madison County Power Co., 304 I11. 470, 136 N. E. 790... 50
Diller v. St. L. S. & P. R. Co., 304 Ill. 373, 136 N. E. 703....

205
Doan v. Allgood, 310 III. 381, 141 N. E. 779.

566
Drumm Construction Co. v. Forbes, 305 Ill. 303, 137 N. E. 225. 47
Elmwood Park v. Mills & Son, 311 Ill. 136, 142 N. E. 532...

563
Frank v. Frank, 305 Ill. 181.

51
Gronewold v. Gronewold, 304 Ill. 11, 136 N. E. 489.

49
Haberer & Co. v. Smerling, 307 ill. 191, 138 N. E. 675.

562
Harder v. Matthews, 309 I11. 548, 141 N. E. 442..

485
Hazel v. Hoopeston-Danville Motor Bus Co., 310 III. 38, 141 N. E.
392

564

Hasemeier v. Welke, 309 Ill. 460..

483

Hoepker v. Hoepker, 309 Ill. 407, 141 N. E. 159.

476
Inland Rubber Co. v. Industrial Commission, 309 Ill. 43, 140 N. E.
26

248

Jersey Ice Cream Co. v. Industrial Commission, 309 Ill. 187, 140 N.

E. 862

..402, 490

La Coste v. Department of Conservation, 44 S. C. R. 186.

569

Litchfield & Madison R. Co. v. A. & S. R. Co, 305 Ill. 388, 137 N.

E. 248

397

Lutyens v. Ahlrich, 308 III. 11..

475
Malina v. Oplatka, 304 Ill. 381, 136 N. E. 666.

329
Massachusetts v. Mellen and Frothingham v. Same, 43 Sup. Ct. Rep.
597

204
Merchants' Loan and Trust Co. v. Patterson, 308 111. 519, 139 N. E.
912

.324, 472

Metheny v. Pickel, 310 111. 309, 141 V. E. 762.

557

Meyer v. State of Nebraska, 43 Sup. Ct. Rep. 625.

394

Mix Dairy Co. v. Industrial Commission, 308 I11. 549, 139 N. E. 926.. 254

Natural Products Co. v. Dolese & Shepard Co., 309 Ill. 230, 140 N.

E. 840

326

9 . 43, 140 N. E.

Northern Trust Co. v. Sanford, 308 Ill. 381, 139 N. E. 603.. .206, 249
N. Y., N. H. & H. R. Co. v. Fruchter, 43 Sup. Ct. Rep. 38.

327
People v. Berglin, 309 Ill. 488, 141 N. E. 295.

476
People v. Brocamp, 307 Ill. 448, 138 N. E. 728.

124
People v. Decker, 310 III. 234, 141 N. E. 710.

571
People v. Orvis, 301 111. 350, 133 N. E. 787

209
People v. Shutts, 305 III. 539, 137 N. E. 418..

331
Roberts v. Eyman, 304 Ill. 413, 136 N. E. 736.

53
State v. Mullen, 207 Pac. 634....

480
Stringham v. Bankers' Life Association, 309 Ill. 181, 140 N. E. 860.. 328
Superior Coal Co. v. Industrial Commission, 304 Ill. 322, 136 N. E.
762

330
Sutton v. Board of Education of City of Springfield, 306 Ill. 507,
138 N. E. 131...

52
Swift & Co. v. Industrial Commission, 309 III. 11, 140 N. E. 17... 330
Terrace et al. v. Thompson, Attorney General of Washington, and

Potterfield et al. v. Attorney General of California, 44 Sup. Ct.
Rep. 15

398
Tidal Oil Co. et al. v. Flanagan, 44 S. C. R. 197..

559
Trenton v. State of New Jersey, 43 Sup. Ct. Rep. 534.

477
Wattles v. Village of McHenry, 305 111, 189, 137 N. E. 114.

252
Weber v. Aluminum Ore Co., 304 Ill. 273, 136 N. E. 685..

123
Wilkinson v. Watts, 309 Ill. 607, 141 N. E. 383...

571
Wolbach v. Rubens, 307 III. 186, 138 N. E. 521.

54
Young v. Illinois Athletic Club, 310 III. 75, 141 N. E. 369.

565

EDITORIAL NOTES
American Bar Association Meeting.

189
Bar Admission Standards, Illinois Takes the Lead in.

199
Eugene Huber

186
Illinois Takes the Lead in Bar Admission Standards..

199
Huber, Eugene

186
Thirty-third Annual Meeting of the National Conference of Com-
missioners on Uniform State Laws...

245

DIVERSITIES DE LA LEY
Abuse or Misuse of Ris ts--Abuse or Misuse of Words...

409
Agency-Agreement Not to Withdraw the Power of Agency-Duty

of Agent to Surrender His Letters of Agency Upon Notice.... 491
Bankruptcy-Power of Referee Over Witness.

258
Chinese Supreme Court Cases.....

407
Classification of the Law...

260
Constitutional Law-Due Process of Law and the Equal Protection

of the Laws-Elections-Validity of a Statute Requiring Em-
ployers to Pay Their Employees for the Time Consumed in
Exercising the Right to Vote...

56
Constitutional Law, Eminent Domain-Scenic Highways and the
Public Use

411
Discourteous Appellant, A.

57
Divided Court, The

263
Does An Agent Have Power to Bind His Principal in a Contract with

Himself?—Does An Agent Have a Distinct Persona as Agent... 342
Does a Regular Course of Judicial Precedent Based on the Rule That

a Discontinuous Servitude Can Be Acquired Only by Im-
memorial Prescription, in Misconception of the Roman Sources,
Generate Particular Customary Law?

412
Impossibility of Performance-Can a Hirer of Services in the Event

of His Failure to Perform without His Fault Claim a Counter
Performance?

414
Inheritance Tax-Gifts Inter Vivos-Form of—Testamentary Gifts-
Insinuation

59

a

Judicial Procedure in the Virgin Islands...

574 Lawness of Law Clubs and the Legality of Legal Clubs, The. 492 Legislative Policy

344 Libel on a Legislature.

338 Notice to Cities of Personal Injuries.

494 Pledge-Actio Pauliana-Does a Right of Pledge Continue to Exist

Where the Pledge Claim Is Satisfied But the Payment Is At-
tacked in a Paulianian Action Wherein the Creditor Is Compelled
to Restore the Payment?..

497 Professor Robert W. Millar's Monograph on "The Formative Principles of Civil Procedure".

499 Reversionary Interest of the Donor of Estates in Fee Tail Under Section Six of the Illinois Chapter on Conveyances, The...

335 Slave in England, The.....

405 Streams

346 Suretyship, Power of Surety to Intervene and to Require Cession of a Pledge Securing the Debt..

345 When Not No Is Not Yes.....

404

BOOK REVIEWS
Cases Illustrating General Principles of the Law of Contract. By
John C. Miles..

424 Cases on International Law. By James Brown Scott..

280 Cases and Other Authorities on Equity. By WALTER WHEELER Cook.. 501 Eugenical Sterilization in the United States. By HARRY HAMILTON LAUGHLIN

69 Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays. By Wesley NEWCOMB HOHFELD.

281 Government in Illinois. By WALTER F. Dodd...

356 Handbook of Common Law Pleading. By BENJAMIN J. SHIPMAN.... 502 Handbook of Equity Jurisprudence. By James W. EATON.

425 Illustrated Cases on Equity Jurisprudence. By ARCHIBALD H. THROCKMORTON

425 Introduction a L'Étude du Droit Pénal International. Par H. DonNEDIEU DE VABRES.

61 La Lutte Judiciare du Capital et du Travail Organisés au Etats-Unis. Par ÉDOUARD LAMBERT.

428 Law and Its Sorrows, The. By JAMES HANNIBAL CLANCEY.

426 Law of the Press, The. By William G. HalE....

419 Le Droit International du Travail. Par ALBERT VABRE.

428 Le Droit Pénal International et sa mise en æuvre en temps de paix et en temps de guerre. Par MAURICE TRAVERS...

274 Legal Status of American Corporations in France, The. By CHARLES GERSON LOEB

129 Lehrbuch der Rechtsphilosophie. By Von Joseph KOHLER.

420 Rational Basis of Legal Institutions. By VARIOUS AUTHORS. Editorial Preface by JOHN H. WIGMORE and ALBERT KOCOUREK..

352 Record of Proceedings at the First Annual Meeting of the National Association of Legal Aid Organizations..

423 Rivista di Diritto Processuale Civile..

503 Rome and the World Today. By HERBERT S. Hadley..

270 Selection of Cases and Other Authorities on Labor Law, A. By Francis Bowers Sayre

355 Selection of Cases under the Interstate Commerce Act, A. By Felix FRANKFURTER

127 Treatise on the American Law of Administration, Including Wills, A. By J. G. WOERNER..

417 Treatise on the Anglo-American System of Evidence on Trials at Common Law, A. By John HENRY WIGMORE...

347 War and Treaty Legislation. By J. W. SCOBELL ARMSTRONG.

128

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$1. INTRODUCTORY It is probably safe to say that the influence of the Roman law upon the procedure of the English common law courts had expended its force by the end of the 1200s. It was yet to operate in a similarly indirect but infinitely more powerful way upon the procedure of the court of chancery, but here its work was at all events finished by the close of the 1500s. In the one case, the indebtedness to the Romano-canonical law, circumscribed and formal at the best, has only recently been stressed ; in the other, it has been too marked and obvious ever to have escaped notice. Apart from these early relationships, the civil procedure of the English law has lived a life to itself. No doubt, the set off of mutual unconnected debts introduced, as a defense, by the statute of 2 Geo. II, c. 22, had its ultimate inspiration in the Roman 'compensatio,' but as equity had been previously applying the same principle, though limited to the case of connected demands, the defense in question can scarcely be deemed a conscious borrowing from an outside source. The declaratory judgment, recognized by the rules under the English Judicature

a. Professor of Law in Northwestern University.

1. See Pollock and Maitland “History of English Law” (2nd ed.) II 612; Holdsworth “History of the English Law" III 472.

2. “In the time of Elizabeth and her immediate successors, the common rules of practice of the court had become well settled, differing little in principle from those of the present day.”. Spence “Equitable Jurisdiction of the Court of Chancery" I 379. The written answer apparently dates from the reign of Henry VI, but not until later does it become sharply differentiated, in office, from the demurrer and plea. Kerly “History of Equity" 67.

3. Whitaker v. Rush Amb. 407; Chancellor Kent in Duncan v. Lyon 3 Johns. Ch. 351.

Acts, and more and more finding favor in American jurisdictions, stands on a somewhat different basis. That manifestly was taken over from the law.of Scotland where its origination, there can be little doubt, was due to Roman law influence. But, in the main, Anglo-American civil procedure has gone on its way, deriving nothing from without and evolving from within the elements needed for its amendment and progress. Educated practitioners have always known something in an academic way of the classic Roman procedure, but to the later forms developed on the Continent out of the coalescence of Roman and Germanic institutions they have paid small attention. Even the procedure of those courts in England which conformed closely to the Romano-canonical model was to the common law lawyer a thing apart, in which he took as little interest as in its Continental cognates. It sufficed for him that the methods of Doctors' Commons were not those of Westminster Hall. This narrowness of interest is happily much less pronounced at the present day, but there is still a tendency on the part of English and American lawyers to forget that there is such a thing as civil procedure in other systems of law or else to feel that the procedure of other systems is of necessity inferior to their own. But, in this lack of a procedural community, the fault is not entirely on our side. Continental scholars have not made our procedural institutions the subject of the attention that they deserve. They have, to be sure, been attracted by the institution of trial by jury and have investigated its history with an industry and learning which have redounded to our immense profit. To the system as a whole, however, they have given, in general, but scant and superficial consideration. This is due, in some part, we may well suppose, to the intricate and technical rules of common law pleading and practice whose understanding, in detail, would present almost insurmountable difficulties to the foreign student. But, in larger degree, it is due to the fact that the very much greater volume of Romano-canonical elements in all the Continental systems serves as a common bond to unite them in a sort of freemasonry from which our own system stands apart.

Yet this attitude toward the English system has not prevented Continental scholars, and more particularly the Germans, from bringing the study of comparative civil procedure to a high degree

4. For the history of this institution, see Borchard's learned article “The Declaratory Judgment" Yale Law Journal XXVIII 1-32, 105-150; as to Scotland, in particular, pp. 21-24.

5. Engelmann ("Der romanisch-kanonische Prozess" 199) speaks of the English procedure, especially before the Judicature Acts, as "peculiarly complicated" and of the work of the Swiss writer, Rüttiman, “Der englische Prozess,” published in 1851, as "very hard to understand.”

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