longing rather to a course on legal history than to one on presentday law." There is a careful inclusion of extracts from codes and statutes which have amplified equity jurisdiction or modified its principles. It may be that time allowances will compel instructors to omit discussion of one or more of the important topics included in this volume, but as to the topics that are assigned for discussion this book always furnishes a presentation of the conflicting views and affords the student an opportunity for independent thought before he enters the class-room. Robert S. Stevens. The Law of Unincorporated Associations and Business Trusts. By Perhaps there is a more common appreciation of the appropriateness of a text book upon the subject of unincorporated associations than there was when the first edition of the present work appeared in 1915. Even now there is no law of unincorporated associations in the same sense that there is a law of corporations. Associations in the form of partnerships have the law of partnerships for their guide, those in the form of trusts have the law of trusts to contend with, and other associations are supposed to be governed by the law of agency. It is significant to note that the Supreme Court, in discussing the legal character of a labor union, has said, "Undoubtedly at common law, an unincorporated association of persons was not recognized as having any other character than a partnership in whatever was done *** But the growth and necessities of these great labor organizations have brought affirmative legal recognition of their existence and usefulness and provisions for their protection, which their members have found necessary. *** In every way the union acts as a business entity, distinct from its members. No organized corporation has greater unity of action, and in none is more power centered ***." United Mine Workers of America v. Coronado Coal Co., 259 U. S. 344, 385 (1922). The author of the present book in discussing the distinctions between partnerships and trusts, asks, "May it not be that the true solution of the problem now under consideration lies in the recognition by the courts of the association as an organization intermediate between partnership and corporation with its own rights and obligations?" The fact cannot be ignored that the trust device is being used for a purpose not in view during the formative period of the law of trusts. It has been admitted that labor unions cannot be thought of exclusively in terms of the law of agency, the principles of which were evolved with respect to the relations between a few persons only. Lawyers and judges are astute to mold the old principles to meet the modern conditions. Mr. Wrightington classifies unincorporated associations and discusses the law applicable to the different classes. He divides unincorporated groups of individuals first, between those which have the element of association and those which have not an element of association, and second, between those whose purpose is pecuniary profit and those whose purpose is not pecuniary profit. Under this classification are considered many types of groups of which the following are some partnerships, joint stock companies, trusts, defective incorporations, underwriting syndicates, social clubs, benefit societies, stock exchanges, and labor unions. Detailed and enlightening consideration is given to the distinctions between partnerships and business trusts, and there is a helpful discussion of the comparative rights and liabilities of the members of such associations and of the possibilities of controlling the liabilities by agreement. Practically onethird of the text is devoted to an exposition of the law relating to non-profit associations. The practicing lawyer should find much help in the text and in the one hundred and eighty odd pages of forms of various types. But in a book which purports to cover "the entire field of unincorporated associations," one would expect to find some discussion of the Uniform Limited Partnership Act, and more than four pages upon the Uniform Partnership Act. Joint stock companies are dealt with in fourteen pages, but the limited partnership laws of the various states are referred to only twice, once to confuse them with the limited partnership association statutes, and the second time in connection with the discussion of the recent New York case of Crehan v. Megargel, 234 N. Y. 67 (1923). That litigation alone would seem to make the limited partnership of impressive importance, and the new possibilities under the Uniform Limited Partnership Act may increase its popularity. R. S. S. Fundamentals of Procedure in Actions at Law. By Austin Wakeman 1922. pp. xvii, 172. Here will be found a most excellent discussion of the subjects of venue and jurisdiction, including jurisdiction over nonresidents, trial by jury, excessive and inadequate damages, and amendments and jeofails. Emphasis has been laid on the jurisdictional and constitutional aspects of many of the problems. The small size of the book is in striking contrast to its value. It should be in the hands of every student and teacher of procedure. O. L. M. Pleading and Practice under the New Civil Practice Act. R. Medina. Baker, Voorhis & Co., New York City. xi, 265. By Harold 1922. pp. This work assumes that the reader is familiar with the system of pleading and practice developed under the Code of Civil Procedure, and points out the material changes made in that system by the new act. It takes the form of ten lectures, and is a development of a series of lectures given at various times to students and groups of practicing lawyers. These lectures are given in a clear style, show a thorough knowledge of the details of practice under the code, extensive research, a nice sense of discrimination, and sound judgment. The text is enriched by many valuable citations from English courts, where the English rules have been adopted, and by recent decisions. of the courts in the metropolitan district, many of which are reported only in the New York Law Journal. The lectures on Joinder of Parties and Declaratory Judgments are especially good. The small size of the book is made possible by a mere notation of the changes which are self explanatory, and by limiting discussion to the more important and difficult problems. O. L. M. A Treatise on Practice in New York. By Francis X. Carmody. Clark Boardman Company, New York City. 1923. pp. cxxv, 1439. Within a little over a year from the taking effect of the Civil Practice Act, Mr. Carmody has written a text calling attention to changes made in the Code of Civil Procedure and setting forth in a very clear manner the present state of the law in the fields of pleading and practice. It is not to be expected that in a single volume so large a subject matter could be treated in minute detail, nor that much space could be devoted to a discussion of principles, but a surprising amount of well chosen detail is given, and on the newer problems the discussion is scholarly. Where the new act has adopted English practice rules the author has quite properly referred to English decisions under these rules. In Chapter I the historical background of the Code and of the newer legislation is briefly set out. Chapter II is devoted to giving a picture of the various courts of New York and their jurisdiction. The book is of undoubted value to all practitioners in New York. For the student and young practitioner there is no other text on local practice in New York of comparative merit. Its timeliness and general accuracy are commendable. It is surprising there should be so few inaccuracies in a book of this size compiled in so short a time. The only inaccuracies discovered are in sections 89 and 92, both relating to substituted service. In section 89, stating the prerequisites to service by substitution, the author follows the Code provision that there must have been diligent effort to serve personally, failing to note the amendment in the new act permitting a showing that with due diligence plaintiff will be unable to make personal service. The condensed statement in section 92 is susceptible of the interpretation that where no one is found at a natural defendant's residence or place of business a copy of the summons may be affixed upon the door of the residence or place of business, and another copy mailed to him at his residence or place of business. It would seem clear from a reading of the statute that substituted service at the place of business has reference to corporations and joint-stock or other unincorporated associations only, and that in the case of natural persons either an affixing at or mailing to defendant's place of business would not comply with the statute. The Law of the Press. By William G. Hale. O. L. M. West Publishing Dean Hale has undertaken that most difficult task of preparing a law book for the layman and has succeeded commendably. Josh Billings is said to have remarked that "it is better not to know so many things than to know so many things that ain't so," and upon this ground many of the law books prepared for the layman may be condemned. It is therefore a pleasure to encounter one to which commendation is due. The misleading title of this work is explained and safeguarded in the introductory paragraph, in which the reader is warned that there is no such thing as a body of law established for the special benefit or special restraint of the press. The book is prepared to fill a need, which has been felt by every man who has attempted to present a series of lectures upon law in schools of journalism. The form of presentation in this book should get good results whether used in the class room or placed in the hands of the lay reader. It first states the problem in the form in which it is most likely to present itself to the reader, then follows with a concise statement of the principles of law generally announced, and concludes with reprints of striking illustrative cases. On the whole, the book seems to be a happy combination of text and cases which may be given to an average layman with confidence and without misgiving. L. P. W. By James The Law of Wills, Executors and Administrators. Four The fifth edition of Professor Schouler's Law of Wills, Executors and Administrators, the last edition by the original author, appeared in 1915. Any comment at this time upon the merits of that treatise would be both futile and superfluous. The Profession has long since formed a correct estimate of its worth. For more than thirty years the works of Professor Schouler have won the confidence and praise of the Bench and Bar. The present edition preserves in the main the orderly arrangement of the work by the original author, as well as his clear statement of the fundamental principles of the law and his outline of its historical development, without which no text or treatise can long be of value. A large amount of new material has been introduced in Part II, which deals with testamentary capacity, special treatment being given to the latest developments of medical science in the field of diseases of the brain. The presentation of this material from the lawyer's point of view should aid in the proper preparation and trial of cases involving questions of testamentary capacity. As is pointed out in the preface, thirty-one new chapters on the construction of wills have been added and, in connection with this, all the modern cases containing valuable illustrative material. More than one hundred pages in volume two have been devoted to Probate, and throughout the work matters of Probate Practice and Evidence have been treated more fully than in the former editions. Sixteen new chapters, consisting of over two hundred pages, on the subject of Estates, including Trusts and Remainders, have been added. This material was no doubt embodied in the text because of its particular application to the law of wills, and this feature should prove of great value in its bearing upon the drafting, as well as the construction and validity, of wills. The portion of the work devoted to Executors and Administrators has been correspondingly enlarged, principally by the addition of new material on the Rights of Beneficiaries, Abatement of Legacies, Ademption, and Lapse. The incorporation of the new material mentioned in the last paragraph, together with the new cases and the enlargement incident to revision, justifies the increase to four volumes, as compared with the two volumes of the fifth edition. H.E. W. New York Law of Wills. By Berkeley Reynolds Davids. Edward Thompson Company, Northport, New York. pp. xxxiv, 949. 1923. Volume I. This volume, together with a second now in composition, will supply an authoritative and complete discussion of the law of wills in New York. The great mass of decided cases on wills and probate matters in this state has in recent years rendered such a work a practical necessity. The New York Courts in will cases are not prone to be influenced by decisions of foreign tribunals, where local authority is available, preferring their own precedents which are admitted to be both numerous and well-considered. The testamentary privilege being of statutory origin, the law of wills consists largely of technical and complex rules and precedents, making extremely difficult, if not impossible, a treatment of the intricacies of the subject, adequate for the investigator, in a general text or treatise. So much depends upon the proper understanding and interpretation of the facts and circumstances of each case as to render highly valuable an orderly collection of cases involving similar groups of facts, and a discussion of the weight and influence of each fact upon the court's decision. Obviously such a detailed treatment of a complex subject is practically impossible in a general treatise covering the law of many jurisdictions. |