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Blackwood's Edinburgh Magazine, No. CCCLXXVI. February, 1847. Vol. LXI. by Various
page 35 of 294 (11%)
Though in 1835 and 1836 he composed and published, as we have seen, two
other minor professional works, he was all the while quietly elaborating
this more important performance, the first volume of which (in large
8vo) he published in March 1837. His plan was, to select from the
recognised Law Reports some of the chief Cases which had been decided in
the Common Law Courts, and which were of such superior importance as to
have become "Leading Cases," _i.e._ in his own words, "involving, and
being usually cited to establish some point or principle of real
practical importance." Each of these he made the basis of an elaborate
disquisition, in which, to continue his own explanation, "in order that
the consequences of each 'Case' might be understood, and its authority
estimated as easily as possible, NOTES" were "subjoined, in which were
collected subsequent decisions bearing on the points reported in the
text, and in which doctrines having some obvious connexion with them,"
were "occasionally discussed," ... "without allowing them to digress so
far from the subject matter of the text, as to distract the reader's
mind from that to which they ought to be subsidiary." It is difficult to
speak in terms too highly commendatory of this masterly performance--one
quite of a judicial tone of investigation--and which, immediately upon
its appearance, arrested the attention of all persons competent to form
an opinion on the subject, as a sterling and permanent addition to the
highest class of legal literature, and entitled its author to be
regarded as really a first rate lawyer. Almost all the judges, and the
most eminent members of the bar, wrote to him in terms of warm respect
and approbation; and to this moment evince the same appreciation of the
excellence of the work by quoting it, not more frequently in the
arguments of counsel than in the most elaborate judgments delivered by
the bench. It is indeed difficult to know which most to admire--the
great extent and unerring accuracy of his law, or the clearness and
precision of his reasoning, rendering simple and easy of apprehension
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