Page:The Green Bag (1889–1914), Volume 02.pdf/156

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Communications in regard to the contents of the Magazine should be addressed to the Editor, Horace W. Fuller, 15^ Beacon Street, Boston, Mass. The Editor will be glad to receive contributions of nition, but if you will permit me, I will give you an articles of moderate length upon subjects of example of what I consider a civil action." "Do so, sir," I said sternly. interest to the profession; also anything in the He answered promptly, " If, after the Board ad way of legal antiquities or curiosities, facetia, journs, you should ask the examiners to supper, and anecdotes, etc. invite the deputy clerk to make one of the party, I should consider that a very civil action." THE GREEN BAG. A

CORRESPONDENT favors us with the From Chicago comes the following letter, following communication : — which treats of a subject of no little interest to the Editor oftht" Green Bag" : profession : — Having just attained the dignity of a subscriber to the " Green Bag," I have been attempting to remedy To the Editor of the " Green Bag" : the defects of my education by reading the back A good classification of a nation's law is valuable, numbers. I have just read an anecdote on page 455 as it not only helps a student to acquire a knowledge of Vol. I. about choses in action. The joke lies in of the law, but aids judges and counsel to keep the law the legal gentleman's definition of that species of in mind and to apply it intelligently, much as merid property, to the effect that you might have several ians of longitude and parallels of latitude give one rights of action, and might choose which action you a mastery of geography which is impossible without would take! them. Until some years after Austin's time this This is very good, if true. I have a story about truth was not perceived by many American and Eng lish lawyers, and text-writers are not yet agreed upon choses in action, which I will vouch for the truth of. Somewhere in the seventies I was one of the ex any fundamental classification. Such a classification aminers of students for admission to the bar of the should evidently cover the whole ground, and should New York Supreme Court. I asked a student if he not contain cross-divisions; that is, the divisions could tell me what a chose in action was. He hesi should not overlap. I venture to suggest such a tated, and evidently was embarrassed to find fitting classification, which may at least attract attention words to express himself. By way of aiding him, I through your columns to this important subject. suggested that if he could not frame a definition he A nation's law may be conveniently grouped under could name an example. He smiled, and said of nine great heads, as follows; 1. Structural Law, course he could, — that there were many things which which relates to the organization or structure of the could be so described; the most prominent then in government; which fixes the number and name of his mind was a horse. legislative, executive, and judicial offices and boards, While this was quite satisfactory to me, I regret to and of territorial and other public corporations : which say that my associates conceived a prejudice against prescribes how such offices, boards, and corporations the young man which resulted in his failure. He was shall be created and destroyed, filled and vacated, afterwards admitted, however, and I actually heard and which prescribes their rights, powers, duties, him at Circuit trying a case about a chose in action, and liabilities. 2. Public Law, which relates to — to wit, an action for damages for being knocked the rights of the State against a person and to the down by a runaway horse. I winked at him, and rights of a person against the State. It includes suggested that the particular chose in question had criminal law and criminal procedure under its first branch, and the rights of a citizen to participate in been too much in action. At the same examination the deputy clerk of the the government by means of the elective franchise court was examined for admission. His examination under its second branch, but it is not confined to fell to me. " Mr. Edmunds," said I, "what is a civil these subjects. 3. General Private Law, which action?" includes all primary rights of one private person He looked blank dismay; but he adopted a confi against another private person, not included in the dential air, and said quietly, " I am not good at defi- subsequent heads, — Property, Contracts, and Status. 18