Streets and Highways-Vacation.. Torts-Contributory Negligence of Beneficiary under Death Act... 564 Workmen's Compensation-"Arising Out of the Course of Employ- Workmen's Compensation-"Arising Out of_the_Employment"..254, 490 572 330 Workmen's Compensation-Enterprise 209 CASES COMMENTS Board of Education v. Industrial Commission, 301 Ill. 611, 134 N. E. Burton v. Boren, 308 Ill. 440, 139 N. E. 868... 253 Chicago v. Green Mills Gardens, 305 Ill. 87, 137 N. E. 126. 207 Cook County v. City of Chicago, 311 Ill. 234, 142 N. E. 512. 567 Cooper v. Martin, 308 Ill. 225, 139 N. E. 68. 479 Craig v. Wismar, 310 Ill. 262, 141 N. E. 766.. 572 Dickman v. Madison County Power Co., 304 Ill. 470, 136 N. E. 790.... 50 Diller v. St. L. S. & P. R. Co., 304 I11. 373, 136 N. E. 703... 205 566 Drumm Construction Co. v. Forbes, 305 111. 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 Ill. 548, 141 N. E. 442. 485 Hazel v. Hoopeston-Danville Motor Bus Co., 310 Ill. 38, 141 N. E. 564 Hoepker v. Hoepker, 309 Ill. 407, 141 N. E. 159. 476 Inland Rubber Co. v. Industrial Commission, 309 Ill. 43, 140 N. E. 248 La Coste v. Department of Conservation, 44 S. C. R. 186. Litchfield & Madison R. Co. v. A. & S. R. Co, 305 I11. 388, 137 N. Massachusetts v. Mellen and Frothingham v. Same, 43 Sup. Ct. Rep. 204 Merchants' Loan and Trust Co. v. Patterson, 308 111. 519, 139 N. E. ... .324, 472 Northern Trust Co. v. Sanford, 308 I11. 381, 139 N. E. 603... N. Y., N. H. & H. R. Co. v. Fruchter, 43 Sup. Ct. Rep. 38. People v. Berglin, 309 Ill. 488, 141 N. E. 295. People v. Brocamp, 307 Ill. 448, 138 N. E. 728. People v. Decker, 310 Ill. 234, 141 N. E. 710.. People v. Orvis, 301 Ill. 350, 133 N. E. 787. People v. Shutts, 305 Ill. 539, 137 N. E. 418.. 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. Swift & Co. v. Industrial Commission, 309 Ill. 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. Tidal Oil Co. et al. v. Flanagan, 44 S. C. R. 197. Young v. Illinois Athletic Club, 310 Ill. 75, 141 N. E. 369. 398 559 477 252 123 571 54 565 EDITORIAL NOTES American Bar Association Meeting... Bar Admission Standards, Illinois Takes the Lead in. Eugene Huber Illinois Takes the Lead in Bar Admission Standards. Huber, Eugene Thirty-third Annual Meeting of the National Conference of Com- missioners on Uniform State Laws... 189 199 186 199 186 245 Abuse or Misuse of Rights-Abuse or Misuse of Words...... Bankruptcy-Power of Referee Over Witness.. 258 407 260 Constitutional Law-Due Process of Law and the Equal Protection 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?.... Impossibility of Performance-Can a Hirer of Services in the Event 59 Judicial Procedure in the Virgin Islands... Lawness of Law Clubs and the Legality of Legal Clubs, The.. Libel on a Legislature. Notice to Cities of Personal Injuries. Pledge-Actio Pauliana-Does a Right of Pledge Continue to Exist Professor Robert W. Millar's Monograph on "The Formative Prin- Reversionary Interest of the Donor of Estates in Fee Tail Under 344 338 494 Cases on International Law. By JAMES BROWN SCOTT.. Cases and Other Authorities on Equity. By WALTER WHEELER COOK.. 501 Fundamental Legal Conceptions as Applied in Judicial Reasoning and Legal Status of American Corporations in France, The. By CHARLES 129 Lehrbuch der Rechtsphilosophie. By VON JOSEPH KOHLER.. Rome and the World Today. By HERBERT S. HADLEY. 270 Selection of Cases and Other Authorities on Labor Law, A. By Francis 355 Selection of Cases under the Interstate Commerce Act, A. By FELIX 127 Treatise on the Anglo-American System of Evidence on Trials at Com- 347 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." |