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LEGAL ODDITIES

A9373X
State of Missouri at the Relation of Isaac S. Bristol,
Relator, v. Cyrus P. Walbridge, Mayor of
City of St. Louis, Respondent
(69 Mo. App. 657)

St. Louis Court of Appeals, March 17, 1897; Motion
for Rehearing Overruled March 25, 1897

CASES OF INTEREST

tions of Law. The well estabActionable Misrepresenta

a

lished rule that a misrepresentation of law cannot constitute actionable fraud is further developed in the direction of exceptions by the case of Miller v. Osterlund (Minn., 1923), 191 N. W. 919, wherein it is held that a false representation that an insurance Bland, P. J.-On Febraury city of St. Louis, and which company is authorized to do 9, 1897, the relator, Isaac S. board of managers and com- business in the state of MinnBristol, was the superinten-missioners on charitable in- esota is actionable, although dent of the house of refuge stitutions were, at the time such representation involves a in the city of St. Louis. On hereinafter stated, and are matter of law. The basis of that day there was filed be- now officers of the city of St. this decision is that such a fore Cyrus P. Walbridge, the Louis, and your superior offi- misrepresentation involves an Mayor of said city, the fol- cers, did heretofore, to wit, implicit representation as lowing charges and specifi- on or about the fifteenth day matter of fact that the corcations against the relator: of October, 1896, while acting poration has complied with the state laws in the premias such superintendent "Charge. such house or refuge, and ses. The cases establishing the “I. while owing official duty and general rule of non-liability respect to your said superior for misrepresentations as to officers, the board of manamatters of law, and developgers of said house of refuge ing certain well recognized and said commissioners' exceptions to such rule, will charitable institutions, publish text of the article "Fraud," 26 be found annotated to the and circulate the following C. J., section 106. Such exdisrespectful charges of and talse, libelous, scandalous, and ceptions are: concerning your said superior officers, said managers of said house of refuge and said commissioners on charitable in- misrepresentation of law stitutions to wit:

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"Wilful Violation and Neglect of Official Duty. "Specification 1. In this, that you, Isaac S. Bristol, superintendent of the house of refuge, heretofore duly apthe city of St. Louis under pointed such by the mayor of the provisions of section 2, of article 4, of the charter of the city of St. Louis, which house of refuge exists by virtue of an act of the general assembly of Missouri en"'Bed Bugs On The Brain. titled, "An Act concerning the St. Louis house of ref'Charity and House of uge," approved February 24, Refuge Ladies Have Them knowledge of the law, who Women-Democrats Want to 1873, and which by said act is an institution under the con- Worry Mr. Bristol Out of trol of a board of managers Office. therein provided "It is the nature of a hen for, which institution is likewise duty. Some do it as a craze. to set. Some hens do it as a under the visitatorial super- The last are a nuisance. You vision of the commissioners can't break them of it. It's sons beneficially interested in on charitable institutions, as not their fault, but their na- lund apparently falls within the estate. Miller v. Osterprovided by section 49, of article 4, of the charter of the the first exception specified.

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"The house of refuge is like unto a nest, on which the The statistical table of re- twenty-three did so, some, law student by his failure to several old hens are trying to Argument of State's Attorcha sults of recent bar examina- indeed not giving precise fig-pass the bar. Probably it is hatch out trouble. It is their ney. In Gilbert V. State ations in a number of states in ures, but at least indicating a supererogatory to emphasize nature and we bespeak unto Court of Appeals, 6th Div., all this country published here- percentage, others-the major- this matter to our readers- them charity. They can't be Ala., 1923) 95 So. 502, it apS with is not presented as com-ity-giving the exact figures, law students who for several broke of it. As the hen that pears that in a criminal prospletely exhaustive or indeed and still others giving data years have been directing layeth not, but forever de- ecution the state's attorney col as adequate. It does, how-not only on the latest, but also their efforts to acquire the sireth to set, doth cakel long argued to the jury: "You will ever, serve the purpose of on preceding examinations. knowledge to enable them to and loud betimes to attract find him guilty. He is guilty The Law Student to support From New Hampshire we meet the test of examination unto herself the eyes of the as Hell itself, and you know the statement made in the were able to secure figures for for the bar. However, the way roosters, so doth the hens it." The court held that while leading article in this issue, the twenty year period from to overcome the difficultywhich do wear skirts, and such language was in a strict "You, Ourselves, and the Bar 1903 to 1923. and certainly the bar examin- which do without ceasing sit sense improper, nevertheless. Examination," as to the high From the replies received ations in most of the states on the charity nest make was not prejudicial error percentage of mortality from the various Boards of are very serious difficulties, as much noise; for it getteth her for the trial court to deny law students when Bar Examiners it is evident evidenced by the figures we name in the papers and mak- defendant's motion to exclude brought to the test of exam- that a very real interest on are publishing is not to min- eth her to rejoice with the the observation. It may be o ination for admission to the their part exists as to the imize, forget, or neglect it, fullness of notoriety. stated by way of comment on ur practice of the law. general results of this in- but rather conscientiously to " "Two o'clock this remark and the decision Monday, The editor of this paper of quiry. Furthermore, the mat- prepare oneself to encounter council chamber, Superintencourse was familiar in a gen- ter is obviously of great in- it. The Law Student hopes dent Bristol not desirable to reverse crimarraigned; eral way with the fact that trinsic interest to law stu- to assist each one of its read-charges by the charity cominal convictions for technical -e the increasing severity of dents; hence we publish above ers in his own individual eff- missioners, the same being errors clearly not prejudicial, such tests during recent years alphabetically by states the orts to qualify for admission woman-democrats and other nevertheless prosecuting offiass has largely increased the per- figures secured by us. If to the practice of the law, democrats who wear pants cers in a spirit of fairness ercentage of applicants who your particular state is not and to that end we shall pub- and bask in their smiles. should be much more guardEn fail to pass. Nevertheless, in represented on this list, you lish large numbers of ques- "A more frivolous farce ed in their arguments before gorder to be quite sure of the can probably secure some tions taken from the bar of ledge the law gained juries than is commonly the vhid facts, letters were written to idea of its percentage of aminations in the several than madman with diseased case in many states. the Boards of Bar Examiners failures by comparing the fig- states, also furnish citations imagination ever faked in an we of all states requesting data ures for some state in the to the correct answers, in or- erratic fancy, was enacted. Physical Examination wit as to the number of appli- same territorial group. der that by familiarizing him- Martha Fischel, president of Plaintiff Suing for Personal OR cants at the most recent ex- In our leading article on self with the general charac- the charity commission, was Injury. In Hayt v. Brewster, amination in each state, the the first page, "You, Our-ter of questions asked at bar chairmaness; a most recher- Gordon & Co. (1921) 191 N. number who were certified as selves, and the Bar Examin- examinations each student che woman, wonderfully reY. S. 176, it was held, under qualified to practice law, and ation,' we have commented may be enabled to approach fined for a democrat. Mrs. a New York statute permitJr. the number who failed. Not briefly upon the inconveni- his own test with a confidence Richter, Louis J. Singery, W. ting defendant in an action col all boards addressed returned ence, hardship, humiliation, born, first, of a real knowl-H. Lee, Geo. C. Hitchcock for personal injuries to the desired information, but and regret occasioned for a (Continued page 8, fourth col.) (Continued page 6, first col.) (Continued page 7, third col

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in comprise The Law Student's first selection from the several thousand making up recent state bar examinations furnished us by the various state boards of examiners. Other questions will be printed in succeeding issues, and an endeavor will be made to avoid any duplication through printing questions varying from preceding ones as to the facts, but involving the same or closely related principles of law. Thus the questions published each school year, if cut out and preserved, will constitute an examination of very wide scope, to run over which, and the references for answers, will serve to revivify the student's knowledge of the law.

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answer the greater part of these questions in respectable fashion, giving sound reasons for his views of the law on the points involved, will experience no trouble in passing any average bar examination. The questions here given of course do not involve all the main principles of the common law, but they are wide enough in scope to justify the inference that orie capable of answering them is also capable of answering others of like character but illustrating other legal principles.

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A, having executed in due form a deed of gift of real estate to his son C, said to X: "Take this deed and keep it; if I get well, I will call for it; if I don't, give it to C." A was then ill, and died within a few days thereafter of the same illness, survived by B his widow, and C and D their only children, and X then handed the deed to C, the grantee, who caused it to be recorded. D commenced an action in court; the prayer of the petition was for cancellation of the deed and record; that C be compelled to convey to D an undivided one-half of the lands. Decide the case. (See "Deeds," 18 C. J. section 114.)

By order of a city council a certain street is vacated, for the reason that it appeared to the council that there was a necessity for its vacation, the proceeding being regular in form. A certain property owner applies for injunctive relief, upon the ground that the discontinuance of the street causes him much inconvenience and obligates him to travel in a circuitous route to get to the business portion of the city. Can he recover? (See "Municipal Corporations," 28 CYC pp. 840, 841, text and note

75.)

Write not less than 100 words on "Self-defense as a defense in trial for homicide," concisely stating the general law. (See "Homicide," 30 C. J. section 205, text and notes 40-47.)

Aprayed cancellation of a deed, alleging that the only consideration was a wager on the result of an election. Is he entitled to the relief prayed for? (See "Cancellation of Instruments," 9 C. J. section 64, text and note 85 [d].)

Jones, a lover of baseball promised X, a member of one of the leading professional baseball teams, that he, Jones, would pay him $5 for each home run made by X during the season of 1914, the same to be in addition to the compensaion paid to X by the manager of the team. X made ten home runs, and demanded $50 from Jones. Jones refused to pay. Can X recover? (See "Contracts," 13 C. J. section 73.)

WITH REFERENCES FOR FULL A

do so? (See "Banks & Banking," 7 C. J. section aga 350, text and note 80 [d].)

on : tion

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You are the attorney for a building and loan A company in your city. Each depositor is presented with a deposit book in which is kept a record of pr deposits. Deposited funds are withdrawn on presentation of depositor's book. Mr. Doe, who is a depositor in said company, in his last sickness, from which he died, by proper word of gift, delivered bu his deposit book to A. A presents the book to the building and loan company, and asks that the amount deposited by Mr. Doe be paid to him, n but, before doing so, the company seeks your ad vice as to whether or not it should pay A. With s the foregoing facts, what would you advise? (See "Gifts," 28 C. J. section 25.)

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On the 7th day of October, 1890, C was sentenced to be confined in the state's prison for a term of four years. Under the law then in force he was allowed in reduction of his sentence two months in each of the first two years, and seventy-five days per year for the succeeding two years of his term. In 1891 the legislature changed this by reducing the good behavior allowance to only one month in each of the first two years of sentence and to forty days in each of the succeeding two years of the sentence. He was a model prisoner and fully earned his good time allowance. When his sentence would have expired, computing his good time allowance at 272 days under the former law, he demanded his discharge, but this was refused and his attorney brought habeas corpus in competent a court to secure it. Decide the case. (See "Prisons,” 32 CYC p. 332, text and notes 85, 86.)

A woman committed adultery and her husband left her, but did not obtain a divorce. On his death she claimed dower. Is her claim valid? (See "Dower," 19 C. J. sections 132-135.)

One of the most natural things to do with these questions is to talk them over and discuss them with classmates, but we desire to warn each of our readers against this practice as an initial step. Class discussion is a mighty good thing, but to indulge in it over an examination-over a practice examination such as this-is completely to nullify the whole idea. As each question is talked over and argued, each student contributes a mite of truth, until finally an answer more or less correct is arrived at without any one of the roomful having done the whole work. The process is so confused that no one can The way to do, as is said | found and the student's own after each student has written | knowledge. You can also use tell just what of truth or er- elsewhere in this issue, is to success with the questions ac- out his Own answer inde- them as a means of acquirror he actually contributed- take the questions, and, with- curately measured. It might pendently, will be of distinct ing skill in legal research, in to put it simply and baldly out consulting books or other be a good idea to "swap" value. finding the law.

A, a depositor in the X bank, executed a note to secure a loan to him from the bank. The bank failed before the note matured, and suit is later brought on the note. A attempts to set off the amount of his deposit against the note. May he

A was assaulted on the same occasion by B, and C, the wife of B. A obtains verdic for injuries

no one can know, at the end, persons, write full answers, papers, after the answers are Your first concern with The references in paren whether he could have passed with reasons. Then, by means written, and to grade each these questions will be to theses to Corpus Juris cyc the examination strictly on of the references to Corpus other's work after examining answer them. But you can for answers to these questions his own resources of knowl- Juris-Cyc which follow each the answers in Corpus Juris- derive still further benefit are necessarily specific, edge, as school and bar ex- question in parentheses, the Cyc. And class discussion of from them, in addition to us- title and section or age numaminations must be passed. correct answers may be the principles of law involved, ing them as a test of your ber, sometimes eve to note

to

WATION QUESTIONS

כ

AND ACCURATE ANSWERS

segainst B and C. Should the verdict be sustained n appeal? (See "Husband & Wife," 30 C. J. secion 418.

a made a will leaving the bulk of his estate B, a personal friend. The will was contested on the ground that B had exercised undue influence over A in procuring the execution. The court narged the jury that if they believed that B occupied a position of confidential relationship with A there was a presumption that he had exercised ndue influence, and the burden was on him to disprove it. Was this charge correct? (See "Wills," HJCYC pp. 1151, text' and notes 96-98.)

G and H were partners conducting a mercantile business. G having died, H wound up the partnership affairs, the time occupied in doing so being Dout three months. In the distribution of the partnership effects, H claimed compensation for his services. Was he entitled to it? (See "Partnership," 30 CYC p. 635, text and notes 44, 45.)

...

A member of a co-partnership attempted withthe consent of his partner to sell and transfer s interest in the partnership and the partnership property to another person. Did the purchaser become a member of the co-partnership, and what rights did he acquire? (See "Partnership," 30 CYC p. 605, text and notes 15-17.)

A hired an automobile at X for the stated purpose of driving to Y. After taking possession of the car he changed his intention and drove instead to Z. On the journey the car was injured by an accident involving no negligence on A's part. The owner sued him for the amount of damage sustained. Can he recover? (See "Bailments," 6 C. J. section 51, text and notes 96-9.)

Plaintiff rented defendant a horse under a written agreement which provided that defendant should return the horse in as good condition as at the time of making the agreement. During the eriod of the bailment, and without default of the efendant, the horse died. Plaintiff instituted acon to recover the value of the horse; and the trial urt charged the jury that defendant's agreement return the horse in good condition was an absote one and that defendant was liable. Was the arge of the court correct? (See "Animals," 3 C. J. ction 44.)

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A teacher made an ordinary writen contract with e board of directors of a school district to teach.

the school for a specific amount per month for a
period of eight months, without any provision in
the contract as to what should be done in case of
the school's being closed on account of sickness.
During the year the school was closed by order
of the board on account of the prevalence of a con-
tagious disease in the community for one month,
during which time the teacher was ready, able, and
willing to continue her work. Is she entitled to
her compensation for that month? (See "Schools
& School Districts," 35 CYC p. 1099, text and note
88.)

The X Y Company was incorporated by the filing of a certificate, and its declared object was the buying and selling of securities and commercial paper. It, however, advertised that it would guarantee mortgages. B obtained from the company a guaranty of a mortgage which he held, paying the company a premium. The company became insolvent and a receiver was appointed. There being a deficiency on B's mortgage, he filed a claim under his guaranty with the receiver, which the latter disallowed on the ground that the transaction was ultra vires the corporation. The Vice-Chancellor on appeal reversed the action of the receiver. Which was right? (See "Corporations," 14a C. J. section 2171, text and note 12; section 2174, text and note 56.)

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John and Mary rob X, John escaping. On her trial Mary proves without contradiction that John was her husband at the time of the commission of the act. What result? (See "Husband & Wife," 30 C. J. sections 419, 420, 240, 423.)

A and B were partners in a retail furniture business, trading under the name of A and Company. (Continued page 6, fourth column)

the page and section citations here given with the questions.

The better way is not to use these citations at all to find the correct answers, but to search Corpus Juris-Cyc independently for your

an

swers, as the practicing lawyer does, and then to use the citations to test your own accuracy of search. If this is done, your work with these specimen bar examination questions not only will have tested your substantive knowledge of the law, but also will have served as direct training in legal research.

Students who have taken or are taking Dr. Kiser's course in legal research have been or are being instructed in the scientific and proper method of using Corpus JurisCyc to find an authoritative exposition of any given point of law. For the benefit of others it may be said, briefly, that the first step is to determine the exact principle of law involved in the given state of facts, that the second step is to determine the exact subdivision or title of the law within which such principle is embraced (using the Law Chart to guard against overlooking obscure titles and for purposes of suggestion) and that the third step is to run down the analysis of the article of the title itself as printed in Corpus Juris-Cyc until an analysis-line pointing to treatment of the desired principle is found.

The student who does this conscientiously as to each of these specimen questions after he has written down his answer thereto will be amazed at the benefits of will derive from the process. In the first place, he will be training himself rigorously in precise legal analysis-something in which most students and young lawyers, even most lawyers of an older growth, are woefully deficient. And, in the second place, the repeated running down of analysis-lines in Corpus Juris-Cyc will serve as a rapid review of the subjects and titles thus scanned, refreshing recollection of them and their constituent rules and principles, keeping the whole body of the law a vital possession of the individual's mind, and not a mere series of past studies, the latest alone remembered.

re

Dr. Kiser's treatise, "Principles and practice of Legal Research," comprising certain lectures, a reprint of the Law Chart, and of certain specimen pages of Corpus Juris-Cyc, has been furnished to students taking his search course; on request The Law Student will forward a numbers. But if you go di- of facts (such as each ques- be most unwise for you to But when you have the ans- copy to any one not already rectly to these references, tion) to extract therefrom neglect. wer, your answer, that is, supplied. The lectures wil conducting no search your- the exact principle for which In all probability you will you will have to go through prove highly valuable for inself other than a purely me- you must search. It is im- write your answer to each a highly conscious process of dependent study. The Law chanical one, you will miss a possible to acquire real facil- question, whether right or analysis to find the correct Chart will be most useful ir very valuable training not ity and accuracy in the use wrong, without much con- answer, if you are really to searching for answers to the only in finding a statement of of law books without training scious search for the exact search therefor independent- specimen questions here print. and the authorities support- along such lines of analysis, sub-division of the law, small ly, as a practicing lawyer has ed without relying on ing a given principle of law, and these questions comprise or great, within which the par- to search for his law when a citations to Corpus Juris-CYC but also in analyzing a statel an opportunity which it would ticular principle is embraced. state of facts is presented to given for such answers.

the

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LEGAL ODDITIES (Continued from page 3.)

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STATE BAR EXAMINATION QUESTIONS

(Continued from page 5.) They owned in fee simple the lot and store thereon in which the business was conducted, and also the stock of goods. The business was not paying expenses. A executed and acknowledged an instrument under seal therein describing the real estate, signing the firm name and the name of each of the partners, and delivered the instrument to a purchaser for adequate consideration for the purpose of conveying the real estate. Did the purchaser get a good title? (See "Partnership," 30 CYC 486, PP. S7, text and notes 79-85; p. 494, text and notes 20-23.)

A bought an automobile from B on credit as to part of the purchase money. Afterwards, A sold the automobile to C, who promised, in the presence of B, to pay to B the balance 'due on A's contract, and B assented to the arrangement, and said he would take C for his debtor. C failed to pay B when the debt became due, and B demands payment from A. Can he enforce his demand in law? (See "Novation," 29 CYC p. 1138, text and notes 55, 56.)

An action is brought on the following promissory

a note:

herself in the most public place, the public, or that part that was there, began to size and others, supported her. ble witness. She is one of her up. They at once drew "A score of exquisite and the "Managers." She is de- the conclusion that she was a æsthetics staid by, viewing voted to the belief that char- mighty solid girl. Various the plebian witnesses with ity begins at home and had estimates were made, the conlorgnettes, asking questions her probable brother-in-law sensus of opinion averaging in lofty tones and elevated lan- Dr. Hall, a nice little fellow her at two hundred sixty-sevguage and applied their vini- who will be a man if he keeps en pounds, four ounces avoiragnettes between smells, the on growing, and who disguis- dupois, though the amplitude scent of a common person es his boyishness in a long of fabrics about her person being quite irritating. Inter- Prince Albert, the skirts of made guessing hazardous. preters to translate their which he hits a la lady, at The public put it down that queries into plain English. muddy crossings-had him she had lovely pink-pearl ears "Mary M. Brown was a made doctor the refuge and exquisite opalescent eyes witness. The presidententess at $50 a month. She wanted changeable in tint. asker her if the lingerie of some other things, but Bris- "Whatever else she had the protegees within her jur- tol persisted that the refuge the public was impressed that isdiction was transposed with was for friendless waifs. She she had a great gift of speech. sufficiently frequent period- soured on Bristol. Oh, how Did you ever see one of those icity, to properly interrupt the her tongue did strive to down switch engines that has a bell development of insect life. In him. And how the dear doc- run by machinery, that starts other words, to be more tor did try to roast him when when the engine does and lucid, were the youth of that he spoke his pretty little stops when the engine stops? institution dissociated from speech. At first the sound is musical, their environments of muslin Superintendent Bristol and it keeps on, and keeps and re-enveloped in petit gar- sat by concerned lest it be on and keeps on, and at last ments that had been subjected shown that no bed bugs ren- you yearn to open a switch to a proper degree of puri- dezvoused at the refuge. It and dump the whole business fication at intervals of a fort- is well known that St. Louis in the river. night or So. is the Mecca to which all "Well, she kept on, and "That was the question. good bed bugs turn their kept on. The chairlady tried The elegance of the chair-longing eyes, and toward to ask questions and the maness' diction intoxicated which healthy bugs trend; lawyers tried to, but the the senses of the witness and and hence the fame of this city queries fell like rain on lulled her fancy into a lab- for its superior breed of these duck's back. Some of them. yrinth of delicious bewilder- miniature animals. Travelers feared her talking apparatus ment. She didn't revive until say that all trains coming in- would get a hot box, but it the vulgar jargon of Judge to this city, especially Pull- seemed it must have been luChesterfield Krum, Bristol's man cars on which these in- bricated by a master meattorney, asked: sects, being oi luxurious chanic. tastes, prefer to travel, are abundantly supplied; and the porters say that the animals leave the cars on their arrival here and at once locate for business. This they determine because of the utter absence of them from outgoing trains. Consequently these little and all sorts of horrors. She tricks are so prevalent in St. thought Bristol a horrid man. Louis that most people He wouldn't salaam before lawouldn't feel at home if they dies of the board. He refused found their houses deserted to be impressed with the by the tiny birds, which, sense of their importance. like the phantom bugs in the yards were knee deep in Macbeth's brain, mud and the ladies had to "Do murder sleep." wear skirts cut dancing length "Hence the superintendent and tie them up to get feared that, were it known through. that the refuge was tabooed by He must have devoted his bugs the citizens of this great time and that of his assistcummunity would try to ants to going out into the break into it, and convert it neighborhood, gathering up "John H.. Raymond, for into a summer resort, dissolve dirt and refuse to bring in and forty years bookkeeper of the establishment, and abol- dump on the floors and lawn. the house of refuge, took his ish the positions pertaining He must have taken a fiendseat and began revealing thereto. ish delight in making the girls what he didn't know. He "On the other hand, Ches- wash their night shirts in admitted that Bristol had run terfield Krum didn't want the mud puddles. Of all the bad the place very much like commission to officially de- men in the nineteenth cenother men, only some better, clare that no bed bugs lin- tury he was the worst. that it was in better con- gered in those precincts lest How long the farce would dition than before. that their utter absence would have lasted nobody knows; lead the public to think it but the husband of one of the a pretty tough place, much women leaned over and whisas a ship deserted by rats. pered that the baby was "Mrs. Doctor Trelease locked up alone and the serfidgetted about for an hour vant playing euchre with the waiting for a chance to ex- policeman of the beat-and press her pent up emotions. adjournment was had at once. She is boss woman of the ref- "If Mrs. Dr. Trelease uge managers and has got it should be appointed judge of in for Bristol, bad. While the a court in the next world and

"She wants to know if the girls change their chemise once in a while?"

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"Oh yes, oh yes-yes, they change once in a while, only the colored girls, that ain't got any."

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'Often enough to arrest growth of bed bugs?

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"The witness didn't know how long it took to breed a bed bug.

"Geo. Oger, a laborer, was put or the rack. He couldn't catch onto anything but the most abominable plain English. A great gulf yawned between him and his cultured inquisitor. He was half a scared of her. She didn't seem to know what she wanted to find out and it was dead certain he didn't.

"Judge Krum asked: ."Can you give one instance of double dealing or deception by Mr. Bristol?"

""No sir."

"Krom objected but the ladies overruled him. The most absurd questions, relevant to nothing in the charges and not pregnant with any sense, were put, without any sense, system or order. It was an object lesson in how women run things when they get in to politics. The modest and gentle females seem about as well adapted to the affair as a hod carrier to doing duty as a wet nurse.

“Mrs. Damon was a valua

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"On September 1, 1920, we promise to pay to the order of John Smith one thousand dollars.

(Signed) Charles Brown, President
of Pastime Co., Inc.,

Samuel White, Treasurer."

Plaintiff asked the court to rule that the note was prima facie the note of the Pastime Company. Should the court so rule? (See "Bills & Notes," 8 C. J. section 268, text and notes 85, 86; section 273, text and note 23.)

'A, President of The First National Bank of N, signed in blank as President a number of its stock certificates and put them in the possession of B, its Secretary, for use in making transfers. B, fraudulently filled out these certificates for 100 shares, sealed them with the seal of the bank, and sold them to C for $250 a share-this being the market price of the stock. C knew nothing of B's fraud. What are the rights of the First National Bank and of C? (See "Corporations," 14 C. J. section 549, text and notes 78-80.)

A signed a promissory note in blank, intending to fill same in on consummation of a transaction with B. Note was then stolen from A and C became holder in due course for value. A refuses to pay same and C sues. Discuss. (See "Bills & Notes," 8 C. J. section 1025, text and notes 5-23.)

In June, 1916, A entered into an oral contract with Y to sell his wheat crop consisting of one hundred acres to Y for $5,000. No part of the purchase price was paid. When the wheat was harvested A refused to deliver the wheat, setting up as a defense the statute of frauds. Is the defense good? (See "Frauds, Statute of," 27 C. J. sections 143-146.)

In contesting the validity of a chattel mortgage for failure to record the same, how does the status of a subsequent purchaser differ from that of a creditor? (See "Chattel Mortgages," 11 C. J. sections 191-194.)

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University of Colorado Joseph Ragland Long, formerly Dean of the Law School of Washington & Lee University, Lexington, Va., has accepted a chair in the Law School of the University of Colorado, Boulder, Colo.

George Washington
University

A GREAT INSTITUTION OF LEARNING

One of the greatest institu- | periments and disseminated

George Washington Universitions of learning, co-ed, the by its publications to the How Would You Advise
ty of Law, and. formerly As- University of Wisconsin has people of Wisconsin has en-
sistant Professor of Law at extended its work in all direc- riched the State.

Lawyers graduated from this College of Law are justly proud of their Alma Mater.

Your First Client? (Continued from page 1.)

Question 5

Question 6

May the defendant show the habits and character of plaintiff's horse?

(29 C. J., Highways, §482). Question 7

to

Is plaintiff entitled other than compensatory damages? (29 C. J., Highways, §489).

the University of South Da- tions during the last thirty The Law School was estabkota, will teach the subjects years. It is more than a uni-lished in 1868. During its sixty "Contracts" and "Equity." versity. It is a great general years of existence it has kept of the lack of funds for reProf. Edward A. Harriman, educator in almost every de- in advance of legal require-pair? formerly of Northwestern partment of learning. It in-ments for admission to the (29 C. J., Highways, §444) University and Yale Universi- cludes a College of Law, Bar. It was one of the first ty, will lecture on "Interna- College of Letters and Sci- western schools to establish tional Law." ence, College of Engineering, a three years course. Its stuWould an instruction be Mr. Ellsworth C. Alvord, a College of Agriculture and dents to be graduated are re- misleading which requires the University of Wyoming graduate of Wisconsin Uni- Schools of Music, Pharmacy, quired to serve at apprentice- "necessary" effect of the pile The chair of Dean Shep-versity and Columbia, now Home Economics, et cetera. ship for six months in a law of rocks to have been to herd, of the Law School of Assistant Director of the The student body last year office. Where they cannot frighten horses? the University of Wyoming, Legislative Drafting Bureau numbered about eight thous- form suitable office connec- (29 C. J., Highways, §487, who resigned in June of this of the U. S. House of Repre- and with nearly nine hun- tions or are studying law as Note 73 [a]). year, has been accepted by sentatives, will conduct a new dred teachers. preliminary to a business Dr. J. G. Driscoll, Jr. Mr. E. course in "Statutes" and also The college buildings form career the six months office W. Hadley, formerly of Stan- "Administrative Law." an imposing and stately group requirements may be absolved ford University, has joined The course in Legal Bibli- on two hills in a park of sev- by taking the practice course the faculty of the Law ography and Brief Making, eral hundred acres, with a offered in the school and an School. which has formerly been an campus of about 450 acres, additional residence of three elective subject open to third bordering on beautiful Lake months. year students, has been Mendota. changed so that substantially The picture at the top of all the second year class will this page gives a view of the Dean Merton L Ferson of take it during the second institution and fairly illusthe Law School of George semester. It will be in trates a group of these buildWashington University is on charge of Messrs. Gilbert L. ings, most of which are on the leave of absence during the Hall and Clarence A. Miller. high hill known as University academic year 1923-24, during Hill. On the other hill is the which time he will be proSuffolk Law School of Washburn Observatory, and fessor of law at the Universi- Boston reports a mammoth to the West the farm with its ty of Missouri. Prof. W. C. enrollment. Eight years ago barns and its buildings. Van Vleck, a graduate of the school trustees considered To the east of University George Washington Universi- that accommodations for 400 Hill at the end of the lower ty and Harvard Law School, sudents were ample for future campus, used largely for atha member of the faculty since growth of the institution. Four letic sports, is the State His1912, and formerly Secretary years ago the total attendance torical Library building with of the Law School, has been had reached 591 students. Last the libraries of the Society Q. Can you tell me the appointed Acting Dean. year over 1500 students, pros- and of the University. There population of Plymouth, WisThe following new appoint-pective lawyers and business are more than 500,000 bound consin? A. F. ments have been made to the men were enrolled in Suffolk. volumes and more than A. About 3,415. faculty: Prof. Earl C. Arnold, An interesting circumstance 300,000 pamphlets accessible a graduate of Baker Universi- of which Suffolk Law School for the purpose of the UniQ. Can you recommend a ty and Northwestern is justly proud is that the cor-versity. The State Historical good general form book? R. of University, formerly a pro- nerstone of its new home was Library and the other librarfessor of law at the Universi- laid on August 4th, 1920, by ies are open to the students. ties of Idaho, Florida, and Calvin Coolidge, now Presi- The University of WisconCincinnati. Prof. Arnold will dent of the United States. sin purposes to instruct its teach the subjects "Agency," The laying of the cornerstone students in a manner to en"Legal Liability," "Surety- was the first public appear- able them to translate their Q. What law books do you ship." and "Evidence." Whit- ance of Governor Coolidge knowledge into dollars and recommend for the student's ley P. McCoy, a graduate of after his nomination for the cents. Information resulting first purchase? J. L. Dartmouth College and of vice-presidency. from its own studies and ex-1 A. Modesty forbids.

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Questions and Answers
(Continued from page 2.)

Q Do you know if there
are any practicing lawyers in
Colfax, Iowa? E. M. S.

A. Yes: Charles E. Cra

gan, born 1850, admitted 1879,
and M. E. Penquite, born
1872, admitted 1899.

L. S.

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*

Tiffany's Forms.
A. Jones' Legal Forms and

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Question 8

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