The Law of Actions on the Case for Torts and Wrongs: Being a Methodical Collection of All the Cases Concerning Such Actions ... to Which are Added, Several Select Precedents of Declarations and Pleas in Such Actions, and References to All that are Extant in the Books of Entries
| The Law of Actions on the Case for Torts and Wrongs | ||
 at the College of William & Mary. |
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| Published | London, In the Savoy: Printed for Thomas Try | |
| Date | 1741 | |
This volume was an educational collection of information on Torts law. At this time, torts actions were still categorized as either “trespass” or “trespass on the case.” The distinction was based on if the harm was direct, or indirect. This book focused on causes of action that were “on the case,” meaning those cases with harms that were caused indirectly by an actor's wrong.[1]
While this book was presumably used for study, and learning the law, it is not quite set out like a modern case book. The “case” method of learning the law, which is used by nearly all modern law schools, was not developed until the 19th century.[2] Furthermore, this book was published before the first law school in America had been established, so while it served an educational purpose, it would not have been used in a legal education format that we would recognize today. Nonetheless, a legal educator such as George Wythe would have found it to be a useful resource.
Instead of laying out judicial decisions in full for students to analyze, as the “case” method does, this book provides summaries of cases, organized by the tort in question.[3] The book covers conversion, malicious prosecution, nuisances, deceits and warranties, and the common custom against carriers and innkeepers.[4]
Evidence for Inclusion in Wythe's Library
There is no doubt that George Wythe owned The Law of Actions on the Case for Torts and Wrongs—a copy of the third edition (1741) at the Library of Congress includes Wythe's bookplate and the spine label "Law of Trover."[5] Thomas Jefferson listed "Trover. 8vo." in his inventory of Wythe's Library, noting that he kept the title himself. He later sold it to the Library of Congress. Not surprisingly, all four of the Wythe Collection sources (Goodwin's pamphlet[6], Dean's Memo[7], Brown's Bibliography[8] and George Wythe's Library[9] on LibraryThing) list the third edition of The Law of Actions on the Case for Torts and Wrongs.
As yet, the Wolf Law Library has not been able to purchase a copy of this title.
See also
References
- ↑ “Trespass on the Case,” Justia Legal Dictionary, accessed April 17, 2026.
- ↑ Anthony Chase, “The Birth of the Modern Law School,” ‘’The American Journal of Legal History’’ 23 no. 4 (1979).
- ↑ ‘’The Law of Actions on the Case for Torts and Wrongs’’ (Thomas Tyre, 1741).
- ↑ Ibid.
- ↑ E. Millicent Sowerby, Catalogue of the Library of Thomas Jefferson, (Washington, D.C.: The Library of Congress, 1952-1959), 2:308-309, no.1980. Sowerby includes the note "In the edition of 1721 the title as above is preceded by the words: A Treatise of Trover and Conversion.
- ↑ Mary R. M. Goodwin, The George Wythe House: Its Furniture and Furnishings (Williamsburg, Virginia: Colonial Williamsburg Foundation Library, 1958), XLVIII.
- ↑ Memorandum from Barbara C. Dean, Colonial Williamsburg Found., to Mrs. Stiverson, Colonial Williamsburg Found. (June 16, 1975), 4 (on file at the Wolf Law Library, William & Mary Law ).
- ↑ Bennie Brown, "The Library of George Wythe of Williamsburg and Richmond," (unpublished manuscript, 2009, rev. 2023) Microsoft Word document (on file at the Wolf Law Library, William & Mary Law School).
- ↑ LibraryThing, s.v. "Member: George Wythe," accessed on July 11, 2025.