The Green Bag
though in a form which became more and more "Happily Dr. Murray has not devoted his cumbrous and involved as the Court of Chan pages to the superfluous task of telling over cery developed a fixed procedure, and was re again the hackneyed tales of the witticisms of duced to rational order and dimensions only witnesses and barristers and judges, the quaint in the middle of the nineteenth century. Neither customs of manors, and the unintentional absur in common law nor in equitable procedure were dities that have slipped into statutory enact the reasons for the ultimate decision apparent ments. He has undertaken, and has well dis on the record itself, though in many cases a charged, a much more novel task: that of competent lawyer with the pleadings before enumerating the many ways in which lawyers, him could form a pretty safe guess as to the refusing to sink the shop when office hours points or points on which is turned. This, I were over, have made Law a means of amuse think, may safely be said to be characteristic ment for their leisure." of the English judicial system." Marriage and Divorce. "The Presump There is an entertaining imaginary dialogue between Henry of Bratton and a twentieth cen tion of Divorce." By Ellis S. Chesbrough. 7 tury lawyer, which throws much light on the Illinois Law Review 540 (Apr.). changes in pleading and forms of procedure since "In various states a line of decision under which divorce is presumed has tended to nullify the thirteenth century. all laws imposing civil penalties upon bigamists "Legal Development in England after the and bigamy. When so monstrous a doctrine Restoration." By Francis R. Y. Radcliffe, K.C. is promulgated by respectable courts, using ostensibly syllogistic reasoning, common sense 61 Univ. of Pa. Law Review 353 (Apr.). cries out that there must be something wrong A study of the forms of action disclosed in the with premises. It is the purpose of this King's Bench Reports from the Restoration to articlethe (1) to point out the fallacy, (2) to note the end of the reign of William and Mary. the cause and history of the origin of the doc "The action of assumpsit should, naturally, trine, and (3) to illustrate its practical working have been developed either from the old action by a plunge into the maze of conflicting decisions of covenant or the old action of debt. It is quite which it has engendered." easy to understand why it was not affiliated to Medical Jurisprudence. "A Note on the debt, because in most actions of debt the defen dant could wage his law. In covenant the de History of Forensic Medicine of the Middle fendant could not wage his law, but there were Ages." By Charles Greene Cumston, M.D. probably technical rules about the production of the document sued upon which rendered it 3 Journal of Criminal Law and Criminology 855 inapplicable to an oral agreement. However (Mar.). this may be, in fact the action of assumpsit was "The end of the 13th century must be reached developed from the action of trespass, through before one finds a trace of an organization of the medium of the action of trespass on the case. medical jurisprudence having some evidence of There is a good example of this in the pleadings being official. The letters patent of Philippe le in the case of Horton v. Coggs, supra [3 Lev. Hardi, dated May, 1278, offer proof of the exis 295]. The defendant is 'attached to answer tence of sworn surgeons for medico-legal expert Edward Horton of a plea of trespass on the case.' work." Then the declaration goes on to allege a cause Negotiable Instruments. "Some Necessary of action in assumpsit, and the plea is non as Amendments of the Negotiable Instruments sumpsit." See Adjudication, Common Law, Medical Law." By J. D. Brannan. 26 Harvard Law Re view 493 (Apr.), 588 (May). Jurisprudence, Roman Law. "It is not intended in this article to suggest Literature. "Law from Lay Classics, III — all the amendments which might be made for the On the Multitude of Laws and Decisions." By improvement of the Negotiable Instruments Law or for the correction of mistakes in the act, but Michael de Montaigne. 7 Illinois Law Review only to discuss such changes as seem to be most 572 (Apr.). necessary." "In sowing and retailing of questions, they Penology. See Criminology, Insanity. make the world to fructify and increase in un certainties and disputes; as the earth is made Police Methods. "The Scientific Police." fertile by being crumbled and moved about By Salvatore Ottolenghi. 3 Journal of Crimi deep. Difficultatem facit doctrina. "We doubted upon Ulpian, and are now still more perplexed nal Law and Criminology 876 (Mar.). "Italy is the only country with an official with Bartolus and Baldus. We should efface the trace of this innumerable diversity of opin school of scientific police for all the departments ions, and not stuff ourselves with it, and stupefy connected with the police. My course on the scientific police, given at the University of posterity with it." Sienna from 1896 to 1901, was, by order of the "Lawyers' Merriments." By Courtney Secretary of the Interior, given in Rome after 1902 for superior officers of the police. ... A Kenny. 29 Law Quarterly Review 200 (Apr.). A review of the book by David Murray, LL.D. more elementary course of scientific police is given to pupils of the school of carabinieri. The (Glasgow: James MacLehose & Sons, 1912).