In these articles accompanying the specimen state bar examination questions we have emphasized many times that we print such questions to give law students opportunity for practice in analyzing and dealing with them, not in an attempt to instruct in the law by any method of quizzing. By endeavoring to answer the questions independently in writing, and by searching the Corpus Juris-Cyc system for correct answers, the law student can not only test his ability to cope with bar examination questions; he also can secure training in legal search.

Matters Touched Upon

We present this month's selection of specimen state bar examination questions with confidence that they will be of real use to law students. A wide range of topics is touched upon, from "Adjoining Landowners" and "Adverse Possession" to "Wills." If the law student will take each question deliberately in order, analyze it carefully, and answer it in writing before investigating the following citations, he will secure training in question-analysis and in reasoning to correct specific conclusions from the fundamental principles of law which it is the chief business of his law school course to ground him in and which he will find stated in "Outlines for Review."

Character of Questions In the present group of questions the usual bar examination is well exemplified. There are questions of the specific factual type-those that narrate a number of circumstances and ask inferentially what legal principles govern the state of facts. Examples of such questions are (1), (2), (9), and others.

There are also the simpler but even more inclusive direct questions, as (15), inquiring whether a court of equity can disregard statutory and constitutional provisions to avoid rendition of an unconscionable judgment, or (16), inquiring as to what extent the statute of frauds applies to contracts for the sale of goods. Dealing with Different Types

STATE BAR EXAM

(1) A laundry company operated a laundry employing 50 workmen. During the night it removed a stair case running from its main floor to the basement. The next morning, when A came to work, the opening to this staircase was so dark that the absence of the staircase could not be noticed. A's duties required him to go to the basement. He stepped into the opening where the stairs had previously been, fell through, and was injured in such a way as to be disabled for life. A sued the company claiming $20,000 damages on account of the foregoing and pleading the foregoing facts. Defendant entered a demurrer asserting that such facts did not constitute a cause of action. What decision? (See "Master and Servant," 26 CYC pp. 1097-1101, 1113, 1169; Outlines for Review, p. 243.)

(2) A desired to purchase a horse owned by B. He went to B's ranch, and offered B $300 for the horse. B replied that the horse was out on the range and that he could not show it to A just then. A replied that he knew the horse, and did not care to see it before making the purchase, but would pay the $300 to B and go out on the range himself and catch the animal. To this B agreed, accepted the $300, and gave A a bill of sale. A found the carcass of the horse, which had evidently been dead. for several days. The reason why A was so anxious to buy the horse was that he knew he could sell it to a neighbor for $750. What are B's obligations to A, if any? (See "Sales," 35 CYC p. 45; "Contracts," 13 C. J. section 264; Outlines for Review, pp. 173, 189.)

(3) Under what circumstances, if any, can specific performance be had of a contract for the sale of a chattel? (See "Specific Performance," 36 CYC pp. 556-566; Outlines for Review, pp. 188, 309.)

(4) A owned two lots and erected a building on each. One lot he sold to C and the other to B. B dug a trench on his lot, in connection with erecting a garage, as the result of which the earth slipped and C's house fell in. Has any right of C's been violated by B? (See "Adjoining Landowners," 1 C. J. sections 33, 39; "Easements," 19 C. J. section 103; Outlines for Review, p. 258.)

(5) What do you understand by the words "title by adverse possession?" What are the essential elements in the acquisition of such a title? (See "Adverse Possession," 2 C. J. section 1; Outlines for Review, p. 275.)

WITH REFERENCES FOR F

(6) P owned a coal business which he allo his brother A to carry on in A's name. A ma bargain with T, a tailor, that T should make a of clothes for A and take his pay in coal. A had coal delivered to T and received the clothes died soon after, and P, finding a charge on books against T for the coal, sued T for the A pleaded set-off and payment by the price of clothes. T acted in good faith, supposing At the owner. Judgment? (See "Agency," 2 C., tions 560, 561; "Estoppel," 21 C. J. section 180 lines for Review, p. 207.)

(7) A sales agent of a corporation, in end oring to secure a contract for the corporati competition with an individual seller, made sla ous statements concerning the competitor's ness character and methods. The latter sue corporation for slander. Judgment? (See 1 porations," 14A C. J. section 2855; Outlire Review, pp. 142, 143.)

(8) A's house needed painting badly. tended to have the work done immediately so told his neighbors in the course of convers While A was away for a few days, X, one neighbors, painted A's house. When A re home he was very much delighted, but wit presented him with a reasonable bill for labe materials A refused to pay. What rights has (See "Contracts," 13 C. J. section 95; “Work Labor," 40 CYC pp. 2806-2810; Outlines for Re pp. 167, 188, 189.)

(9) A said to X: "I will give you $25 will walk from the Hotel Utah to Murray." B, who was with them, said: "That is a fine I will also give you $25 if you will promise to to Murray."

X, addressing both A and B said: "Tha: bargain. I will start at nine o'clock in the mor A and B replied: "All right."

The next morning X started at nine o'clock the Hotel Utah, walking to Murray. When he about half way there, A and B passed him automobile. As they went by, each shouted t that they had been joking and that the bargain all off. Nevertheless, X continued and walke Murray. He now asks your advice as to how he can collect, and from whom. (See "Contra 13 C. J. sections 57, 58, 72, 73, 94, 101, 163, 17 731; Outlines for Review, pp. 163–168, 171, 172

(10) One Johanna Wagner, an opera entered into a contract with one Lumley, pla

The first type of question, that narrates facts and then demands statement of the legal rights of one or more of the parties involved, calls into play the student's ability to analyze such facts and to determine what legal principle or principles control. The second type of question, which is direct and more inclusive, requires in the student a capacity to state briefly but adecan turn to the how such fundamental pr quately a principle of the law student of our remarks in our al or basic principles of law. aided, he as it would be developed in a issue of February 15th as to Such principles are stated in following references to "Out- ciples are specifically app.t textbook or encyclopedic how these specimen questions Mr. Clark's "Outlines for Re- lines for Review," note the in the particular cases. and citations for answers may view of the work. Fundamental fundamental principle govern- Examples of Reasoning from be utilized to secure training Principles of the Law," and, ing the questions, and then, Fundamentals Reasoning from Fundamentals in reasoning to specific legal after the student has attempted by turning to the specific CorWe venture to remind the conclusions from fundament- to answer the questions un-pus Juris-Cyc references, note

In the issue of Februa

ATION QUESTIONS

AND ACCURATE ANSWERS

(14) Draw a distinction between the following scribed by the witnesses within ten days, and the quitable maxims:

15th question (5) read as fol- were thus enabled to live un-J. section 272, text and note
lows:
til they were picked up by a
"Two men and a boy were passing vessel. Had they not
shipwrecked and were starv- killed the boy, all three would
ing. The boy, being less have died. They were charged
likely to survive, the two men with manslaughter. What re-
killed and ate him. The men sult? (See Homicide,' 30 C.

THE LAW FROM "INSURANCE" TO

"JUDGMENTS"

(Continued from page 1, col. 2)

as

The Selection of Judges

"It is the duty of the Bar to endeavor to prevent political considerations from out-weighing judicial fitness in the selection of Judges. It should protest earnestly and actively against the appointment or election of those who are unsuitable for the Bench; and it should strive to have elevated thereto only those willing to forego other employments, whether of a business, political or other character, which may embarrass their free and fair consideration of questions before them for decision. The aspiration of lawyers for judicial position should be governed by an impartial estimate of their ability to add honor to the office and not by a desire for the distinction the position may bring to themselves."

[From the Code of Ethics adopted by the American Bar Association in 1908.]

LEGAL ETHICS

(Continued from page 6, col. 2)

BRIEF ON APPEAL

"Outlines for Review," Apellant v. Yourself, appellee.

Statement of Case

You as a student not having yet availed yourself of the opportunity to purchase it, "Outlines for Review of the Fundamental Principles of the Law" appeals from your decision and judgment.

Argument and Authorities

The book is published singly and solely to assist you as a law student; it is a genuine and efficient student helper.

(See "The Law Student," Vol. 1, Nos. 2, 3, and 4.)

most

It was written by one of the eminent of American legal authors-William L. Clark.

(See "The Law Student," Vol. 1, Nos. 2, 3, and 4.)

(See "Outlines," pp. xv to xcii.)

It contains many problems, similar to state bar examination questions, with references for full answers.

icy when the existence or terest upon an accounting by amount of liability is disputed. an executor or administrator There are subdivisions de- is more properly treated in the voted to each of these sub- title "Executors and Adminisjects. In addition there are trators." The same is true of subdivisions taking up the the rights and liabilities of matters of Contribution be- other fiduciaries or persons in tween Insurers; Subrogation particular relations, which are of Insurer; Reinsurance; Ac-treated in the particular titles tions for Premiums and As-dealing therewith, such sessments and on Notes There- "Agency," "Assignments for for; and Jurisdiction, Process, Benefit of Creditors," "Attorand Venue. The chapter de-ney and Client," "Depositarvoted to Actions on Policies ies," "Factors," "Garnishment," is of particular interest. In "Guaranty," "Guardian and this chapter is a full discus- Ward," "Infants," "Insane sion of the general rules applic- Persons," "Partnership," able to the nature and form "Principle and Surety," "Reof actions on insurance poli- ceivers," "Sheriffs and Constacies, the conditions precedent bles," etc. The cross referento suit, the time to sue and ces upon pages 177 and 178 of limations, the parties, plead-the volume should be consult- business or attempting to dic- | feature as well as the prompt(See "Outlines," title page.) ings, and evidence, questions ed in this connection for a tate the policy of your paper, ness, efficiency and conveniIt covers, in about 500 pages, for court and jury, instruc-more complete list of the but merely for your informa-ence of the service, the low all of the fundamental princitions, judgment, review, costs, specific matters taken up in tion, in the belief that you cost and the business-like ples of the common law, sucand special damages, and at-other titles. would gladly co-operate with methods pursued, appeals to cinctly, yet adequately. torney's fees. "Internal Revenue." This is them in any form of action us very strongly, and we feel (See "Outlines," table of "Insurrection and Sedition." the title which relates to the intended to raise the ethical that other business men would contents.) This title takes up questions taxing power of the federal standing of the Bar. The mat- gladly avail themselves of the Its merits have been dewhich relate to the rising of government. The student ter is therefore respectfully services of this firm if these clared by many competent a number of persons against should be careful to distin- submitted to you for your con- advantages were pointed out. judges. civil authority for the purpose guish it from the title "Tax-sideration." In fact, we are advised that of preventing by force the ex-ation" in which is taken up the The Committee, through its within the past year some ecution of the law or of forci- taxing power of the states Secretary, was subsequently twenty-five large firms and It contains a quizzer coverbly overthrowing the govern- and its exercise. For exam- advised that the periodical in corporations have retained ing the whole text, hence, the ment. Most important, per-ple, the Federal Income Tax question would do all in its this firm on a similar basis. whole body of the common haps, among the subjects in- is discussed in "Internal Rev-power to prevent such adver- They employ a competent law. cluded is the discussion of the enue;" state income tax laws, tisements from appearing in staff, and their offices are statutes relating to criminal where they have been the sub- the future. among the largest and best syndicalism, a recent addition ject of litigation and judicial 4. Question: An inquirer equipped in the City. The firm to our criminal law. consideration, are taken up in submitted the letter given be- is made up of four comparaInsurrection should be dis- "Taxation." A like method of low, and asked in substance tively young men, each of tinguished from treason, which treatment is followed in the whether is it proper profes- whom is thoroughly experiis discussed in the title of that case of federal and state in- sional practice for a lawyer to enced, capable, and energetic. name, although it is a crime heritance and estate taxes, the procure business through the of the same general class, and federal law being discussed in systematic efforts of a client, from riot, also the subject of "Internal Revenue" and the at the instigation of the lawa separate title in Corpus Jur-state laws in "Taxation." One yer, by means of letters sent is-Cyc, in which there is no great source of federal rev-out by the client in behalf of attack upon the stability of enue, however, is not taken up the lawyer, urging the emthe government or social or in this title. The imposition ployment of the latter by ganization. An insurrection is and collection of customs du- other persons engaged in the not war, which involves the ties, "the tariff," is taken up in same business as the client. act of a sovereignty either "Customs Duties." real or assumed, hence civil Of particular interest in this Dear Sir: war, although it may have its title are subdivisions devoted "For some time past our eninception in insurrection, is to Income Tax and Excess tire legal business has been properly treated in the title Profits Tax, to Legacy and handled by the firm of A. B. Inheritance Taxes, "Estate & C., who act as our attorneys "Interest." This title takes Tax," and to Stamp Taxes. and general counsel on up the general questions as to The last mentioned subdivery moderate annual retainer. the right to compensation for vision takes up such questions Our relations with this firm the use of money as deter- as relate to the instruments have been so agreeable and mined by the contract of part- which require stamps, ies or as allowed by statute. The number required, the persons their services and terms so recovery of interest as an ele-who must affix them, the time satisfactory to ment of common-law damages of affixing and cancellation, have decided to bring their is discussed in the title and the effect of failure to plan of legal service to your "Damages." All general ques-affix stamps as affecting the tions relating to interest other admissibility of the document than those relating to the ex-in evidence. Answer: The propriety of ception just stated are to be The subdivisions relating to "Under our contract with instituting disciplinary measfound in this title. For ex- the Income Tax and the Es- this firm all our legal work, ures against an attorney is example, there are subdivisions tate Tax take up the federal however large or small, is clusively the province of the devoted to Definitions; Origin law so far as it has been promptly and efficiently cared Grievance Committee of this and History; Right to Inter- judicially interpreted. Other for, and we have the privilege Association. However, from est; Rate; Time during Which special and excise taxes are of consultation and advice at an ethical viewpoint, we obInterest Runs; Computation taken up in subdivision VIII all times, either at their office serve that the question as and Recovery. and the tax on distilled spirits or our own. Their retainer is presented gives us insufficient Many other matters as to in IX. Subdivision X is de- divided into quarterly instal- details on which to found a interest are so peculiar to voted to Internal Revenue ments, payable at the end of satisfactory judgment further other titles of the law that Officers, and the two last sub- each quarter-year. In this than to point out the obvious they are treated in connection divisions relate to Assessment, way our legal work becomes evils almost inevitably resulttherewith in Corpus Juris- Collection, Refunding, and Re- practically a fixed charge and ing from attempts by an atCyc. To illustrate, allowance covery of Taxes Paid and to may be anticipated among torney to represent interests of interest or a charge of in-| (Continued page 11, col. 5) other operating expenses. This so likely to prove conflicting.

"War."

the

us that

a

"It would afford us satisfaction if by this means we can put them in touch with another client, and we would appreciate it very much if you would take the trouble to arrange an interview at your office with a member of their

firm.

"Yours very truly,

Answer: In the opinion of the Committee such a prac

tice is not proper.

5. Question: "The attorney of record for the petitioning creditors in bankruptcy prothe ceedings has stated on records that he is also the

attorney for the bankrupt. we Will you kindly inform me whether the existence of such a fact warrants the institution of proceedings for the disbarment of such an attorney?"

attention, in the hope that we
may thereby aid them to in-
crease their clientele.

"To preserve the institutions of our country we must take a stand squarely on the Constitution of the United States, and stand firm. We must stimulate the training of our citizensin-the-making now in our schools, and send them forth as bed-rock Americans, equipped and eager for service to their State and country.

"Today the nations of the world are still suffering from shell shock. The greatest need is common honesty and self-reliance, for each nation to work out its own destiny openly and without secret, selfish, political, international alliances."-Robert E. Lee Saner, president of the American Bar Association.

A BAR EXAMINATION IN CONTRACTS

(Continued from page 5, col. 2)

LINES WRITTEN BY A LAW STUDENT IN A
NEW NOTEBOOK

"Every notary bears within him the debris of a poet."-Flaubert.

These blue-lined pages might be strewn
With verse as langorous as June,
Or tranquil as a calm lagoon.

Their beckoning whiteness might be filled
With lines so passionate, yet skilled,
All readers would be awed and thrilled.
But since I feel no poignant thrills,
And since no flame my bosom fills,
I'll use the book for notes on Wills.
-Axiphiles in the N. Y. World.

The Law from "Insur

ance" to "Judgments" (Continued from page 10) Violation of Revenue Law and Judicial Proceedings in Relation Thereto.

110. A came to New York | him, B merely giving A his for the purpose of interesting wedding ring to bind the barone John Smith, a well-known gain. A orally agreed to purfinancier, in an invention made chase two acres of B's land and and patented by A. Not paid $1,000 as a part payment "International Law." This knowing this John Smith per- on such purchase. Under an title treats of that branch of sonally A innocently mistook oral contract A bought a litthe law which governs the a politician of the same name ter of puppies and took one interrelation of for the man he was seeking. of them home with him. A sovereign Believing that he was deal- then orally agreed to support states. As so limited, it exing with Smith, the financier, B's younger brother C for cludes such matters as relate A agreed with Smith, the poli- the remainder of C's life in to aliens, ambassadors and tician, to sell him one half consideration of $500 to be consuls, citizens, extradition, of his patent right for $5,000. paid by B. C lived for ten neutrality laws, treaties, and The politician did not know years after A and B made the war, each of which is the subthat A mistook him for an-agreement. A refused to abide ject of a distinct title in Corother and acted in good faith; by any of these contracts. He pus Juris-Cyc. It also excludes but A, upon learning of his relies upon the fourteenth private international law which error, refused to abide by his and seventeenth sections of classify them as to their form a single Corpus Juris-Cyc ci- is considered in the title "Conagreement. Is A liable to the Statute of Frauds for his and the nature of their obli- tation, are not so complex as flict of Laws" and in the variSmith, the politician, for a defense. On which contracts, gation. Judgments 23 Cyc the problems on Torts printed ous particular titles with refbreach of contract? Contracts if any, is A liable? Frauds, 673; Bonds 9 C. J. section 1; in the February 15th issue erence to which questions may 13 C. J. section 266; Sales 35 St. of 27 C. J. sections 296- Bill's & N. 8 C. J. section 20; of "The Law Student." How- arise as to what law governs. Cyc 60. 300, 428, 268, 103; Spec. Perf. Contracts 13 C. J. sections 1, ever, problems Nos. 108, 110, 36 Cyc 650. Within the comparatively 111. A, a man thirty years 10, 122, 147, 12. 113, 114, 115, and 117 involve limited scope which remains, of age, who had ceased to be 114. On April 1st, in a 116. A promised to pay Bone or more principles of the the title "International Law" a member of the family of B, simple contract, A agreed to $3,000 if B would build a house law of Contracts or of Reme- treats of the Definition and his father, a wealthy man, be- sell his horse to B for $500 for A and keep the same in dies. The possible compound Nature of International Law, came sick while traveling, and to be paid for one year from character of any good repair for ten years. B problem its History and Sources, of being without funds and in the date of sale. On April 2d built the house and received should be realized and the Persons and Status in Intergreat distress, was properly A agreed with B to give B the $3,000. Is this an executed problem itself carefully ana-national Law, of Sovereignty cared for at the expense of the horse without any considexecutory contract? lyzed before attempting to of Domain, of Citizens and C, a resident of the place eration by a deed under seal. Contracts 13 C. J. section 11. answer it in writing prelimin- Subjects, of Government, of where he then was. After A In compliance with his agreeary to testing the answer by International Relations, of had recovered, and all his ex-ment A executed the deed on reference to "Outlines for Re- Succession, and of Remedies. penses had been paid by C, April 2d and instructed his view" and Corpus Juris-Cyc. "Interpleader." This title B wrote a letter to C promis- servant to deliver the deed to treats of the remedy which ing to pay such expenses, but B on the following day, which one, from whom two or more afterward refused to do so. the servant did. After executpersons severally claim the Could C maintain an actioning the deed, but before the same debt, duty, or thing, unagainst B for the amount of delivery of the deed to B, A The problems in "Outlines der separate interests, has such expenses; and why? sold and delivered the horse Contracts 13 C. J. sections 220, to C under an oral contract. for Review" can be used ad- where he himself does not vantageously to secure train- claim any title or interest, but 118. The Carbolic Smoke- ing in legal research by ignor- is desirous of having adjudged 112. A nephew, at the in-long? Can B recover for the Ball Company, sellers of a ing citations for answers and to whom it belongs. stance and request of his breach of his contract of April medicinal remedy, in order to searching the Corpus Juris-Cyc It should be distinguished uncle, took a pleasure trip to 1st? Frauds, St. of 27 C. Jincrease their sales, advertised system independently to find from intervention which is the Europe on his uncle's promise sections 89, 26, 28, 409; Gifts that a certain sum would be the text and notes covering coming of a new party into to reimburse him for his ex-28 C. J. section 20; Sales 35 paid to any person who would the particular point. Such a an existing controversy and is penses. The trip was entirely Cyc 47. buy and use their remedy and search should be undertaken treated in "Equity" and "Partfor the nephew's benefit. The 115. A, by the tort of afterward contract the influ- strictly in accordance with ies" ("Pleading" in Cyc). Matnephew brought suit against fraudulent competition, injured enza, which it was claimed to the principles outlined by Dr. ters relating to third party his uncle's executors on the B in his business, for which prevent. A, on the faith of Kiser in "Principles and Prac- claims in attachment, execupromise of reimbursement, B sued A and secured a judg- the advertisement, bought and tice of Legal Research," care- tion, and garnishment and they defended on the ment against him for $1,000. used the remedy and after- ful study of which will greatly treated in the titles of the ground that there was consideration for the prom-judgment and appealed the Could he no A gave a bond to stay the ward contracted the disease. facilitate searching the law same name given over entirely recover from the for answers to these or any to those remedies. Further, inise. Was there a valuable case, but the judgment of the company the amount adver- other problems. terpleader in a court of a jusconsideration, and if so, what trial court was affirmed. A's tised to be paid, and why? tice of the peace, so far as was it? Contracts 13 C. J. sec-father, C, then gave his own Contracts 13 C. J. section 89. such a remedy may exist, is taken up in the title "Justices of the Peace."

222.

tion 150.

To whom does the horse be

promissory note to B for

or an

117. A promised to give B, his niece, a house, and to provide for her at his death, if she would live with him, and she did so. Was there a contract which could be enforced against A's estate after his death? Wills 40 Cyc 1063; Spec. Perf. 36 Cyc 735.

113. A orally agreed to pur- $1,000 in satisfaction of B's Analysis and Research

chase B's horse for $500, but judgment against A. Show These problems, as indicatmade no part payment, nor the different contracts in- ed by the fact that answers

RESEARCH WORK

Principles

was the horse delivered to volved in this transaction and to most of them are given by and Practice of

THUMBNAIL BIOGRAPHIES OF GREAT AMERICAN LAWYERS

Lemuel Shaw (1781-1861)

Lemuel Shaw was born in Barnstable, Massachusetts, January 9th, 1781. After his graduation from Harvard College in 1800, he was admitted to the bar in 1804, and entered the practice of law in Boston in 1805. A Federalist, he was a member of the Massachusetts House of Representatives in 1811-1814, in 1820, and in 1829. He was a member of the Senate of the Commonwealth in 1821-1822, a delegate to its Constitutional Convention in 1820-1821, and became Chief Justice of the Supreme Judicial Court of the Commonwealth in 1830, which position he held until 1860. All things considered, Chief Justice Shaw probably was the most able in the long roster of distinguished Massachusetts judges. In particular, he did much to broaden the equity jurisdiction and powers of the Supreme Judicial Court. He was prominent in defeating an attempt to make a reduction of salary apply to judges already in office, and a following attempt to abolish their holding office for good behavior. Chief Justice Shaw died in Boston March 30th, 1861. His portrait is the frontispiece to 8 Corpus Juris.

are

The title "Interpleader" in Corpus Juris is one of those

falling within the grand divis

on REMEDIES and is purely procedural with the exception

of such questions of substan

tive law as are necessarily involved in the discussion of the

right to the remedy.

"Intoxicating Liquors." The Volstead Act and the Eighteenth Amendment to the federal constitution to the contrary notwithstanding, "Intoxicating Liquors" remains a live title in the law. True, many decisions upon state laws, particularly local option laws, are of little importance at present, but since the Prohibition Amendment and the national legislation in enforcement thereof do not affect state and local laws except in so far as (Continued page 12, col. 4)

1858.

LEGAL ODDITIES

(27 Ga. 262)

ance" to "Judgments" (Continued from page 11)

THE PROBLEM
of PROOF

By ALBERT S. OSBORN
New York

the

have

It should be read aloud

defendants resided on one of The Law from "Insurthe public streets of Vicksburg; that they did no work Jacob Waddel v. The State convicted upon stronger proof and had no property, and than this. It is time, perhaps, were never known to have of Georgia to give them a scare; to ad- money except on occasion of they may be in conflict therewith, there are many others monish them of the old adage, paying house rent; that they of the older decisions which Author of "Questioned Documents" that a bird that can sing, and were in the habit of idling Vagrancy from Marion county. Tried before Judge sing. That able-bodied man day, and of dressing up in the der the various so-called Civil book. The rest could not surpass won't sing, must be made to their time away during the are still of value. This is par- "Chapter XV, on Advocacy, is my ticularly true of decisions un- favorite. It is the climax of Worrill, at September term, must not cumber the ground, evening and sitting on the Damage Acts. that mark. I would like to living on the sweat of other front steps of the house, or The title "Intoxicating written that chapter myself-only I Jacob Waddel of the county men's toil. "Why stand ye strolling on the street; that, of Marion was indicted for here all day idle?" is a ques- with fair speech, they would Liquors" in Corpus Juris, how- could not. vagrancy and convicted. He tion which the master of the solicit men, who would go into ever, gives particular emphasis every year before every law class." moved for a new trial, on the vineyard propounds, and the house with them, when the to all of the decisions since -Prof. John H. Wigmore, Northground that the verdict was which the penal code will have doors were closed; that white the Prohibition Amendment, western Univ. School of Law. men had been seen in the although it preserves and cites contrary to the evidence. The answered. Judgment affirmed. house with them; that they court refused the motion, and were seen on the street day gives attention to the concurcounsel for defendant exceptand night doing nothing. federal governments, as well rent powers of the state and ed. There was no direct evidence of guilt. The witness knew der the Volstead Act, the seizas to permits and licenses unof no acts of sexual intercourse; one of the defendants, on one occasion, was seen in bed with a white man. It was not known that either of the defendants had ever contains a discussion of the liquor nuisances. It further 2,000 big pages-2 volumes in immoral purposes. received money from men for definition of intoxicating The defendants introduced liquors and a complete treatment of complaints, indictsion of the state's testimony, etc., as peculiar to the procedno evidence, but, on concluments, evidence, instructions, moved the court to instruct in ure attending criminal prose

By the Court.-Lumpkin, J., delivering the opinion.

The defendant having been convicted of vagrancy, in the county of Marion, applied in the Court below for a new trial, on the ground that the verdict was contrary to the

evidence. And the motion being refused, he brings up his case by writ of error, to this

Court.

Bull v. The State of Georgia

(80 Ga. 704)

Abandonment of children. Before Judge Hines. Emanuel superior court. November term, 1887.

con

Bleckley, C. J.-The statute
under which Bull was
victed reads as follows: "If
any father shall wilfully and
voluntarily abandon his chil-
dren, leaving them in a de-
pendent and destitute condi-

all of the earlier decisions. It

ure and forfeiture of liquors,
including the right of search,

declaration and abatement of
search warrants, etc., and the

or

"Joint Adventures." It sometimes happens that two more individuals associate themselves for the conduct of

a

I was never more impressed tion, such father shall be their favor, on the ground cutions for the violation of with the folly of sticking to guilty of a misdemeanor," etc. that the evidence was wholly forms, than when reading the Code, section 4373. "Coming insufficient to sustain a verdict liquor laws. presentment of the grand jury events cast their shadows be- of guilty. This was refused, in this case. Jacob is accused fore," and Bull, seeing that and the defendants excepted. of having with force and he was soon to have a child born in lawful wedlock, comWhitfield, J., delivered the arms, &c., doing what? Knocking some menced the act of abandon- opinion of the court. one down? The demurrer to the affi-a particular business enter- the best and most widely used form ment immediately after the davit does not appear in the prise in such No, but with force and arms, celebration of his nuptials. record, and this assignment stock company, nor partner-sold than all other general form way that book ever published. More copies of neither a corporation, joint JONES' LEGAL FORMS have bee doing nothing; strolling about Had he not continued the act cannot, hence, be noticed. in idleness. He is not indicted so as to complete it after the for being a know-nothing, but birth of the child, he would a do-nothing. The offense it- not have committed any We cannot say the verdict is self is somewhat anomalous. offense, but as he did so con- manifestly wrong. The nature Every other in the code tinue it, and as the child was of the offense charged is such charges the defendant with left by him in a dependent and that it is rarely established by doing something. This, for destitute condition, according the same fullness and directdoing nothing. to the finding of the jury on ness of proof by which more Is the offense sufficiently his trial in the county court, open violations of law are he brought himself within the made out. sustained by the proof? The purview of the statute above

grand jury presented Jacob, quoted. All the ingredients of pellants was graven with "the which is, of course, treated and the traverse jury convict- his offense had their rise and point of a diamond on the elsewhere (see Partnership ed him upon the testimony, progress within the jurisdic-rock forever," some centuries [30 Cyc 334] and Corporations, notwithstanding Jacob was tion of this State, and thus his since, by an unerring artist, 14 and 14A Corpus Juris), they The Probate Lawyer with Forms seen ploughing a potato patch, case is distinguished from that as will at once be seen by the are of apparently increasing and doing some other small of Jemmerson v. The State, marvelous correspondence be-frequency in the United States jobs, within the last two years. decided at last term, in which tween that character, as thus and quite a body of law has His fancy seems to have been the abandonment took place sketched, and as reflected in grown up concerning them. mostly to walk the high-ways. in Alabama, and the wife with this record. In the record we An important subdivision of The case is not a very strong the destitute children followed are told that they did nothing, the title in Corpus Juris is one, still there was proof the faithless father into Geor- went out on the streets night that devoted to a comparison enough to warrant a convic- gia. In the present case, we and day, attired themselves in of joint adventures with other tion. And the jury are peculhave a domestic, not a foreign the evening, sat upon the relations and a statement of iarly the judges of the proof. father cannot beat the law by in honeyed phrases, men pass-Other subdivisions take up the pedia of legal forms for all purfamily, to deal with, and the steps of the house, and called, the distinguishing features. So Jacob will have to go to starting in the race of aband- ing through the street near rights and liabilities of the poses which the office lawyer ordinwork; and not only to work, onment before instead of after their house, and they went joint adventurers as between arily has call for, properly indexed but to hard work. So says the the birth of the child. That a after them into the house, and themselves and their rights code. We fear this will go father begins to abandon his the shutters were drawn and and liabilities as to third perhard with Jacob at first. It child some months before it the doors closed. In Proverbs, will be a great change in his is born, will not excuse him chap. 7, verses 6-23, we are "Joint Stock Companies." A Ohio. habits. Might not the law, for persisting in the abandon- told, inter alia, of "the flattery joint stock company has been in this humanitarian age, have ment and failing to furnish it of the tongue of the strange aptly said to lie midway be- American Law Book Co., condemned the vagrant the with the necessaries of life. woman," and then admon- tween a corporation and a 272 Flatbush Ave. Extension, first year, to work only; and Judgment affirmed. ished: "I discerned among the partnership at common law Brooklyn, New York. youths, a young man, void and to partake of the nature Send me, delivery charges preOught not a portion of the Mamie Peabody v. The State of understanding, passing of both. It may be defined as paid,

JONES' LEGAL FORMS, through the street near her an association of individuals seventh edition, 2,000 Big Pages, Two Volumes in One. Price $10.00. corner; and he went the way for purposes of profit, pos- Check herewith. And The Law to her house, in the twilight, sessing a common capital con- Student free for one year. in the evening... and there tributed by the members commet him a woman in the at- posing it, such capital being Name tire of an harlot, and subtle of divided into shares of which (Continued page 13, col. 4) (Continued page 13, col. 3)

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