The Southern Literary Messenger, Vol. II., No. 1, December, 1835Various
General
The Southern Literary Messenger, Vol. II., No. 1, December, 1835
Various
American literature -- 19th century -- Periodicals
In his _abstracts of cases_, the author is, in the main, particularly
successful. Not only does he give them with a clearness, (the result
of brevity, effected by discarding non-essentials) which we would
gladly see judges and reporters emulate,--but he sometimes gathers
from them doctrines, which the reporter has overlooked, and which a
cursory reader would therefore be little apt to discover. For example,
in pp. 20, 21, he states these two points, as decided in the case of
_Blow_ v. _Maynard_, 2 Leigh, 21: 1st, That a fraudulent donee of
personalty is accountable for it and its increase, and also for hires,
and profits, accruing since the donor's death, as executor _de son
tort_; just as a rightful executor would be, who had taken possession
at the donor's death: and 2d, That a _privy_ to the fraud, who shared
with the donee the profits of the property fraudulently conveyed, is
accountable jointly with the donee. Now the reporter in his marginal
summary of the case, does not mention these as among the points
decided; though in the decree of the court (2 Leigh, p. 67,) they
manifestly appear. Again--in the case of _Tod_ v. _Baylor_, (as now
reported in 4 Leigh, 498,) it is not said, at all, that _only two of
the judges concurred_ in the third point there stated as adjudged. But
our author tells us so, (p. 10,) and we are thus enabled to estimate
the authority at its true value--as _persuasive_ only,--not
_obligatory_, in other cases.
The mechanical execution of the book does infinite credit to the
printer. The typography is unsurpassed; and the paper is white, pure,
and firm, so as to receive notes of the pen without blotting--a great
merit in law books.
If it were only to shew that we are free of our craft as critics, we
must find some fault with this work: premising, that _merit_ is its
_staple_; and that, if more of the criticism be occupied with its
faults, it is chiefly because they are somewhat hard to detect, amidst
the pile of excellences. The chaff, this time, is hidden by the wheat.
Public-domain text, read in full here on John Shaqi.
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