The Quarterly of the Texas State Historical Association, Volume 5, July 1901 - April, 1902 Page: 257
370 p. : ill. ; 23 cm.View a full description of this periodical.
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Book Reviews and Notices.
257
expanded in the few instances in which the treatment is too meager,
and explained in those where it is obscure, in a subsequent edition.
The convenience of the book for reference purposes is increased
by full quotations of the constitutional and statutory provisions
applicable to the topics considered, and by an appendix containing
all the rules of the several Texas courts. These alterations effected
in the law of pleading, with the judicial interpretations of them,
are brought down to date.
No pains have been spared to make the mechanical features of
the publication all that could be desired. The usual typographical
errors in a first edition did not fail to escape the search of the
proof reader.
A brief reference, in conclusion, to the particular topics treated
may not be out of place. The civil jurisdiction of the district and
county courts and questions relating to venue and the provisions
for the organization of these courts are treated in a way that will
prove acceptable to the practitioner. There is a useful chapter
upon the general principles of pleading. The different instru-
ments of pleading under our system and what they should contain
and their relations to each other are thoroughly discussed. 'An
exposition is given of pleading in those instances that require
special rules, as in cases of libel, slander, mandamus, quo waranto,
trial of right of property, aid trespass to try title. There is an
admirable chapter on proceedings in personam, in rem, and quasi
in rem, wherein each is defined and distinguished from the other.
There is further a well-reasoned dissertation on the difficult sub-
jects of parties to suits and of joinder and misjoinder of causes
of action. The two opening chapters contain a philosophic con-
tribution to the literature of the law upon jurisdiction of courts
and the judicial functions of government.
One of the best parts of the volume is the tracing out, from orig-
inal sources, of the development of the Texas judicial system. The
history of the law is sometimes looked upon as of subordinate con-
sideration, but this brief though comprehensive historic resum will
prove highly profitable reading to the Texas lawyer. The author
has performed with fidelity his arduous task and it is to the interest
of the profession that he continue his labors.
CLARENCE H. MILLER.
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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/m1/263/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.