The Quarterly of the Texas State Historical Association, Volume 5, July 1901 - April, 1902 Page: 256
370 p. : ill. ; 23 cm.View a full description of this periodical.
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256 Texas -Historical Association Quarterly.
principles underlying our system of pleading as they have been
developed and elucidated in our legislative and judicial precedents.
The author recognizes that law is a liberal science and its doctrines
should be exhibited as capable of progression, improvement, and
refinement; his book shows Texaspleading as a living member of
Texas jurisprudence. To the student of' the law, and no practi-
tioner has probably become so busy as to care to deny himself that
title, this treatise will prove most welcome.
The work bears evidence that the writer has not failed to turn
to practical account the lessons he has learned from oral exposition
and discussion in the classroom. The teacher of a body of bright
young men, as no other person, comes to perceive the difficulties
that inhere in the study of law, and is able to select that method of
arrangement and treatment of detail best calculated to interest
the student and impress on his mind the doctrines stated.
But while the work is elementary and well adapted to lessen the
labors of the student, it is a convenient reference manual for the
busy 'practitioner. The questions likely to arise in daily practice
have received due attention. The established distinctions are
worked out with sufficient fullness. The conflicts in the decisions,
are noted and the author's reasons given as to which rests upon the
firmer foundation. The practitioner who carefully studies the
book will seldom find himself, in regard to the topics of which it
treats and so far as the doctrines have been announced by the
courts, without an authoritative guide. The book is a book of
principles, but these are not attempted to be evolved from the
author's "inner-consciousness," but in nearly every instance are
supported by either a constitutional or statutory provision or an
adjudged case. Like any other work that proposes to set forth a
consistent theory of a subject instead of a digest of points, it should
first be read as a whole with sufficient care to understand the gen-
eral plan of division of the various subjects and sub-topics. To
such a reader of the book there will be no lack of details and practi-
cal illustrations. While it would be expecting too much to require,
and especially in a first book, that all the precedents on pleading
scattered throughout our statutes and reports should be brought
together, digested, and methodized, the work is a most valuable
contribution of materials toward that end. It presents a compre-
hensive view and its defects of omission and of details can be
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 5, July 1901 - April, 1902, periodical, 1902; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101021/m1/262/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.