Hepburn, Charles M.

English

Indiana University Bloomington Maurer School of Law

Maurer School of Law: Indiana UniversityDigital Repository @ Maurer LawArticles by Maurer Faculty Faculty Scholarship1924Hinton, E. W., A Selection of Cases on the Law ofPleading Under Modern Codes, 2nd Ed.Charles M. HepburnIndiana University School of LawFollow this and additional works at: http://www.repository.law.indiana.edu/facpubPart of the Legal Education CommonsThis Book Review is brought to you for free and open access by the FacultyScholarship at Digital Repository @ Maurer Law. It has been accepted forinclusion in Articles by Maurer Faculty by an authorized administrator ofDigital Repository @ Maurer Law. For more information, please contactwattn@indiana.edu.Recommended CitationHepburn, Charles M., "Hinton, E. W., A Selection of Cases on the Law of Pleading Under Modern Codes, 2nd Ed." (1924). Articles byMaurer Faculty. Paper 1084.http://www.repository.law.indiana.edu/facpub/1084MICHIGAN LAW REVIEWA SEscnoN or CAsEs oN THZ LAW o PLEADING UDER MODRN CODES. ByEdward W. Hinton. Second edition. Chicago: Callaghan & Co. lg=a.Pp. xiii, 69o.The first edition of this valuable case book appeared in i9o6. The secondedition comes as the result of fifteen years of wide study and thoughtful teach-ing of the subject of code pleading in two of our leading law schools. As Pro-fessor of Pleading and Practice, Mr. Hinton had his first edition as the basisof class room instruction for six years in the School of Law of the Universityof Missouri and then for nine years in the Law School of the University ofChicago. His second edition has had also the benefit of Professor Hinton'swide practical experience in the teaching of the other leading subjects in Amer-ican civil procedure, and of his productive legal scholarship in the publication,within the last eight years, of a case-book on Trial Practice, of a case-book onEvidence, and, in co-operation with Professor Walter W. Cook, of a case-bookon Pleading at Common Laiv.The second edition is evidently not a mere reprint of the first, with a re-cent case inserted here and there. The first edition, Professor Hinton re-marks, in his preface to the second,' was prepared "in undue haste". "It isnot surprising", he adds, "that mistakes were made". With this open-minded-ness, the learned editor has set before him the purpose to remedy these de-fects "as far as possible" and to bring the work "more into harmony with thelater developfnent of the subject."This second edition makes its entry, therefore, under the most favorableauspices. The law-teaching profession will give it a deserved welcome, such asthe ambitious case-book of one year preparation cannot hope for. Speakingfrom his experience in using the work with a class of third year students, dur-ing the two semesters of 1923-24, the reviewer can testify that it "teaches"well. The cases are well selected, short, and to the point. Their arrangement isin six chapters-"Actions", "Parties", "The Complaint", "Demurrers". "TheAnswer"' "The Reply"; and although a case book has been authoritatively de-fined as a book in which the cases are arranged in the order in which they arenot to be taken, this arrangement of Professor Hinton's book works well inclass room use.The cases and the notes in the work cover 677 pages. It is rather astriking fact that this is x63 fewer pages than were needed for the cases andthe notes in the first edition, the fifteen years of rapid growth in the numberof authoritative code pleading cases to the contrary notwithstanding. Perhapsthis is a merit. If the book is to be used on the class-room recitation basis, oras a basis for a series of lectures turning on the cases, with the class taking andmemorizing lecture notes, or studying verbatim copies of the professor's lec-tures, the 677 pages in the case-book will suffice. And no doubt there is asense of satisfaction in having a case-book in which every case, from cover tocover, can be specifically stated in the class room time devoted to the subject.The psychological effect is that of a piece of work completely done. But ifthe aim of the instructor is to encourage upperclass law students to developthe vital principles of code pleading in Anglo-American law from an inductivestudy, under the stimulus of class discussion, of the statutory bases of theBOOK REVIEWSdifferent codes and the decisions construing the statutes, this second edition,with all its virtues, still leaves something to be desired. The writer, in hisyear's use of the book in his class room, has repeatedly found it necessary, atleast so it seemed to him, to supplement the text and the notes, with additionalcases, American and English, with additional notes, with a considerable fullerpresentation of the statutory bases of the American Codes, and with someof the Orders and Rules under the English Judicature Act$.The editor is careful to give at the beginning of each of his six chapters theterms of the provisions on that head of the New York Code of Civil Pro-cedure, with specific references to the section numbers of the correspondingprovisions in the codes of the different states. The terms of the New YorkCivil Practice Act of Iygo and of the Federal Equity Rules are frequentlyquoted in the notes. And there are brief remarks, here and there, on differencesin the enactments of the Codes. But with this and nothing more the lawstudent is unable to study comparatively the statutory bases of the Law ofPleading under modem codes in America and England. Yet this study, alongwith the study of the best cases which construe and apply these basic prin-ciples, is essential to the equipment of the American lawyer if our system ofpleading in civil actions is to become as simple and effective as it can andshould be.We need, for the improvement of our system of code pleading, an ex-tensive comparison and a careful study of the existing statutes and rules andtheir operation in both America and England. The law schools fail in theirmission if they do not find some way to accomplish this. Perhaps even a casebook on code pleading of iooo pages would not be too high a price.Indiana University School of Law. CHAnES MA. HEBaUN.WILLIAM! PLU,13'&S MEMORANDUM OF PROCEEDINGS IN THE UNITED STATESSENATe, ift3-i807. Edited by Everett Somerville Brown. University ofMichigan Publications. New York: The Macmillan Co. i923. Pp. ix,673.William Plumer, Senator from New Hampshire, whose diary is here pre-served, was an important figure in his day, and in his State, though now socompletely forgotten that the International Cyclopedia does not deem himworthy of mention. He started as a Federalist, but his zeal for the partygradually waned, and the process of its waning can easily be traced in thenaive observations on men and things which are the most interesting and prob-ably the most important part of his record.He was plainly a liberal and open-minded man; and he was disgusted bythe intolerance of some of his Federalist colleagues, and was also more andmore attracted by the personality of Jefferson, with whom he became almostintimate. His experience is typical of the moderate Federalists of the period,and goes far to explain the decay of the party.Plumer has been forgotten, but so have practically all his colleagues inthe Senate. Of them all, only John Quincy Adams and Henry Clay are ex-ceptions.

Hinton, E. W., A Selection of Cases on the Law of Pleading Under Modern Codes, 2nd Ed.

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Hinton, E. W., A Selection of Cases on the Law of Pleading Under Modern Codes, 2nd Ed.

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Indiana University Bloomington Maurer School of Law