A Selection of Cases on Sales of Personal Property, Vol. 1: With References and Citations, Prepared for Use as a Text-Book in Harvard Law School (Classic Reprint)
(Excerpt from A Selection of Cases on Sales of Personal Pr...)
Excerpt from A Selection of Cases on Sales of Personal Property, Vol. 1: With References and Citations, Prepared for Use as a Text-Book in Harvard Law School
Mr. Justice yates. That clause of the statute relates only to executed contracts. Here, wheat was sold, to be delivered at a future time. It was unthrashed at the time when the contract was made therefore it could not be delivered at that time. The ease mentioned out Of Sir John Strange is in point.
Mr. Justice aston concurred, and added that the case in 1 Str. 506 has always been considered as an authority in point upon ques tions of this kind.
Per curiam, unanimously, ordered that the postea be delivered to the plaintiff or his attorney.
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A Summary of the Law of Contracts (Classic Reprint)
(Cases relate. Since the book as a whole was to be only a ...)
Cases relate. Since the book as a whole was to be only a fragment, it was not thought worth while to divide it into chapters and sections, to be arranged in consecutive order, but the easier method was adopted of treating the different subjects separately and independently, and arranging them in alphabetical order. The arrangement of the subjects, therefore, indicates nothing as to the order in which they should be read, and every reader must exercise his own taste and judgment as to the order in which he will read them, or whether he will read them in any order. As the Summary was written for the sake of the Cases, and the two were designed to be companions, the Cases constitute the chief authority cited in the Summary. When other authorities are cited, it is for some special purpose, it being no part of the writers object to make a collection of authorities upon the subjects discussed. For the same reason, the cases are constantly cited and discussed without any statement of them, it being always assumed that the reader has them before him, and that, if he is not already familiar with them, he will make himself so. The present edition differs but little from the first edition, except in form.
(Typographical errors above are due to OCR software and don't occur in the book.)
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(A Brief Survey of Equity Jurisdiction - Part II
Christoph...)
A Brief Survey of Equity Jurisdiction - Part II
Christopher Columbus Langdell, American jurist (1826-1906)
This ebook presents «A Brief Survey of Equity Jurisdiction - Part II», from Christopher Columbus Langdell. A dynamic table of contents enables to jump directly to the chapter selected.
Table of Contents
- About This Book
- Part Ii. A Brief Survey Of Equity Jurisdiction
- Footnotes
(Excerpt from A Summary of Equity Pleading
The exception ...)
Excerpt from A Summary of Equity Pleading
The exception stated the legal nature of the defence in the same brief manner that the libel stated the plaintiff 's case, and it was always consistent with the libel, i.e., it was always what a common-law lawyer would call a plea in confession and avoidance. The replication bore the same relation to the exception which the exception did to the libel, i.e., it set up matter which, if true, would destroy the exception without denying its truth. All the subsequent pleadings were Of the same character, each bearing the same relation to the one immediately preceding which the latter bore to the one next preceding. When the party whose turn it was to plead could allege no matter which would destroy the last pleading without denying its truth, the plead ings terminated.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
(Classification of Rights and Wrongs
Christopher Columbus ...)
Classification of Rights and Wrongs
Christopher Columbus Langdell, American jurist (1826-1906)
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- Article X
(A Brief Survey of Equity Jurisdiction - Part III
Christop...)
A Brief Survey of Equity Jurisdiction - Part III
Christopher Columbus Langdell, American jurist (1826-1906)
This ebook presents «A Brief Survey of Equity Jurisdiction - Part III», from Christopher Columbus Langdell. A dynamic table of contents enables to jump directly to the chapter selected.
Table of Contents
- About This Book
- Part Iii. A Brief Survey Of Equity Jurisdiction
- Footnotes
(A Brief Survey of Equity Jurisdiction - Part I
Christophe...)
A Brief Survey of Equity Jurisdiction - Part I
Christopher Columbus Langdell, American jurist (1826-1906)
This ebook presents «A Brief Survey of Equity Jurisdiction - Part I», from Christopher Columbus Langdell. A dynamic table of contents enables to jump directly to the chapter selected.
Table of Contents
- About This Book
- Part I. A Brief Survey Of Equity Jurisdiction
- Footnotes
Cases in Equity Pleading: Selected With Special Reference to the Subject of Discovery (Classic Reprint)
(Excerpt from Cases in Equity Pleading: Selected With Spec...)
Excerpt from Cases in Equity Pleading: Selected With Special Reference to the Subject of Discovery
On the other side, it was said that this would create great delay; for, upon the discovery of incumbrances, other parties must be made.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Christopher Columbus Langdell was an American legal author and educator. He was the Dean of the Law Faculty at Harvard Law School.
Background
Christopher Columbus Langdell, the son of John Langdell, was born in New Boston, a small farming town of New Hampshire. His paternal ancestors were English, but it was from the family of his Scotch-Irish mother, Lydia Beard, that he inherited his intellectual power.
Education
His early education was in district schools. He entered Phillips Exeter Academy in 1845, and with the aid of his sisters succeeded in graduating there and entered the Harvard College in 1848. He studied at Harvard Law School in 1851–1854. He received the degree of LL. D. in 1875.
Career
Langdell began to teach at the age of eighteen. While studying, he served as one of the Harvard Law School's first librarians and practiced law in an Exeter law office. His ability was soon recognized, and Prof. Theophilus Parsons employed his assistance in the preparation of his treatise, The Law of Contracts (2 vols. , 1853 - 55). Many of the most valuable notes in Parsons' book were written by Langdell.
In December 1854, Langdell began practice in New York City. Langdell did not often appear in court, and was not widely known, but became recognized by a number of leaders of the bar as an able lawyer.
In 1870 his old friend Eliot, then recently made president of Harvard, invited him to become Dane Professor (afterwards dean) in the Harvard Law School. He accepted and, in collaboration with Eliot, introduced striking changes. Theretofore no examination had been a prerequisite to the degree of bachelor of laws. Examinations were now insisted upon, and, though each instructor was allowed to adopt the mode of teaching he thought best, Langdell determined that the students in his own classes should be trained to use original authorities and to derive for themselves, under his guidance, the principles of the law. He published for this purpose A Selection of Cases on the Law of Contracts (1871), A Selection of Cases on Sales of Personal Property (1872), and Cases on Equity Pleading (1875). To these selections were added brief summaries of the principles developed by the cases.
In two instances these summaries were afterwards enlarged and published separately: A Summary of Equity Pleading (1877) and A Summary of the Law of Contracts (1879). A Brief Survey of Equity Jurisdiction was published in 1905. The method of teaching used by Langdell, though accepted with enthusiasm by his pupils and soon adopted by his colleagues, met with vigorous criticism both from the bar and from teachers in other law schools. The quality of the student-body was improved by the examinations which weeded out idlers, but the number of students in the school for many years remained less than it had been under the former régime. It was only by degrees, as graduates of the new school proved their capacity, that criticism abated. Not until 1890 was the case method used in any other law school. In that year William A. Keener, one of Langdell's pupils, resigned his Harvard professorship to join the faculty of the Columbia Law School, and introduced the method of teaching he had learned from Langdell. Thereafter the spread of this method of teaching and the growth of the Harvard Law School were rapid. Langdell was fortunate in having as one of his early pupils James Barr Ames, whose success in applying his teacher's method did much to popularize it.
From youth, Langdell suffered from weakness of the eyes, and before he had been teaching many years in Cambridge the infirmity increased so that he was obliged to employ a reader, and could not carry on colloquies with students as part of his method of teaching. This subjected him to a disadvantage in his later years. He continued, however, to give instruction until 1900, though resigning his position as dean in 1895. In spite of the facts that he was the originator of a striking change in the method of legal instruction, and was independent and original in his writings on the law, Langdell was by temperament strongly conservative. He sought his legal inspiration from the earlier decisions and disliked variations from older rules of law. He was modest and not overmuch given to speech, but tenacious of his opinions and capable of direct, simple, and logical statement concerning any matter to which he had given attention. Never abating in his work even after he ceased to teach, he carried out with rare consistency in spite of increasing infirmities the early purposes of his life. A portion of his fortune is held by the School in trust to devote the income to a purpose always dear to his heart, the aid of poor students of ability.
Achievements
Dean Langdell's fame rested on the educational and administrative reforms he made to Harvard Law School. Langdell applied the principles of pragmatism to the teaching of law as a result of which students were compelled to use their own reasoning powers to understand how the law might apply in a given case. This dialectical process came to be called the case method and has been the primary method of pedagogy at American law schools ever since.
The Corporation of the University gave his name to the main building of the Harvard Law School and to a professorship.
(Cases relate. Since the book as a whole was to be only a ...)
Views
Quotations:
In the preface to the Cases on the Law of Contracts Langdell stated the theory of teaching on which he acted: "Law, considered as a science, consists of certain principles or doctrines. To have such a mastery of these as to be able to apply them with constant facility and certainty to the ever-tangled skein of human affairs, is what constitutes a true lawyer; and hence to acquire that mastery should be the business of every earnest student of law. Each of these doctrines has arrived at its present state by slow degrees; in other words, it is a growth, extending in many cases through centuries. This growth is to be traced in the main through a series of cases; and much the shortest and best, if not the only way of mastering the doctrine effectually is by studying the cases in which it is embodied. But the cases which are useful and necessary for this purpose at the present day bear an exceedingly small proportion to all that have been reported. The vast majority are useless and worse than useless for any purpose of systematic study. Moreover, the number of fundamental legal doctrines is much less than is commonly supposed; the many different guises in which the same doctrine is constantly making its appearance, and the great extent to which legal treatises are a repetition of each other, being the cause of much misapprehension. If these doctrines could be so classified and arranged that each should be found in its proper place, and nowhere else, they would cease to be formidable from their number. "
Membership
Fellow of the American Academy of Arts and Sciences
Personality
Quotes from others about the person
Charles W. Eliot, recalling his talks with Langdell, said: "He was generally eating his supper, standing in front of the fire and eating with good appetite a bowl of brown bread and milk. I was a mere boy, only eighteen years old; but it was given me to understand that I was listening to a man of genius" (Lewis, post, p. 475)
Connections
Langdell married on September 22, 1880, Margaret Ellen Huson. They had no children.