Editor One of the superficially discouraging things about the learned professions in contrast with the industrial arts and business life is the thought that one cannot force one's own success. A bricklayer will lay more bricks just in proportion as he works harder; an automobile manufacturer will turn out more cars just in proportion as he puts directed effort into increasing production. But a lawyer, however hard he works in mastering law and the arts of advocacy, cannot force clients to come to him. At least this is a plausible, if superficial, view of the matter. The truth, however, is that application and effort yield success and increasing returns in the practice of law just as surely and inevitably as in the other concerns of life. Clients come to a given office for a definite reason, and nine times out of ten that reason is the lawyer's reputation for ability founded directly upon hard study and application in law school and the following early years of practice. It is a universal truth that nothing comes without labor, and the truth is just as true of the practice of law as it is of growing potatoes. The student who throws his heart and soul into his law school work, utilizing every minute for the acquisition of knowledge, the lawyer who does not lapse into a rut, but keeps on exploring and probing the great storehouses of the law, are both as certain of success as the cobbler who wills to make a pair of shoes. Their effort begets ability; their ability, reputation; and their reputation, financial returns. Each hour a student spends now with his books is a stone for the foundation of his future prosperity; each hour wasted is a hazard of future failure. The office anteroom pictured in the prize title cartoon of our April 1st issue, reprinted, with the winning title, in the next column, is the kind of an office anteroom to have. Just as surely as the sun arises it will come to you, if you do your part and by hard work now prepare yourself for the responsibilities of advising clients in matters most intimately affecting their prosperity, happiness, and lives. In this issue, our last for the school year 1923-24, we take pleasure in wishing for all graduating seniors the best of good fortune both before the bar examiners and later in practice at the bar; to law students in other classes we extend our wishes for a pleasant vacation, and look forward to our next issue of October 1st, when we shall endeavor to be still more readable, interesting, and instructive than our readers have assured us we have been during the present school year, our first. The prize title cartoon of the April 1st issue is republished above with the winning title "The Oracle" submitted by George F. Lowenthal of the Temple University Law School, Philadelphia, Pa. Considerations of space prevent our printing in this issue the names of students who submitted titles worthy of honorable mention. SUGGESTIONS AND COMMENT Editor of The Law Student. Dear Sir: Editor of The Law Student. Dear Sir: Editor of The Law Student. Dear Sir: I take this means of ex- to express to you my entire May I take this opportunity The present form of you pressing my appreciation of satisfaction with the copy of valuable paper seems to be al the valuable assistance rend- "Outlines for Review" recent- that could be desired. Th dered me by your "Outlines ly obtained from you. At the only suggestion I make is tha for Review." It is a wonderful time I obtained the book, I its sheets be fastened so tha was engaged in preparing for it may be made into bool book in every sense of that the Alabama bar examina-form later. word. I never supposed that tion, and, of course, immedi- It was not my purpose t so many important principles ately gave it an opportunity prepare for an examination i subscribing for this paper of the law could be covered to prove its worth. I found it very helpful in with your "Outlines for Re so thoroughly in so few words. correlating the different subWhile I can commend the jects covered by my course in view." Being a member o the bar of all classes o whole work to those prepar-school and enabling me to see wish especially to mention law. I had not studied the ing practiced twenty-tw ing for bar examinations, I the entire background of the courts in the nation, and hav chapters nine, ten, eleven, subject of domestic relations years, I am just now getting twelve, and thirteen. Those in school and depended al- to be an ambitious student o chapters cover the phases of most entirely upon that book the fascinating study of law the law discussed therein for my knowledge of the sub- I long to see the time whe more thoroughly than any ject. the fundamental principles o I attribute my success in law will be as familiar to m work I have ever read, and I feel sure were greatly in- passing the Alabama bar ex-mind as should be the te amination, in a large measure, commandments to the clergy strumental in helping me to to my last minute review from man. pass the bar. Hobart Roby, Washington, D. C. that book. Chas. B. McInnis, Washington, D. C. O. A. Featherston, Murfreesboro, Ark. VACATION SUGGESTION Summer Months Ideal for Summer months, when law schools, except for summer sessions, are closed, can be used most profitably by law students not attending such sessions in carefully reviewing the school work of the past year and preceding years. A student who has at hand a readable, accurate, and well arranged text such as William Lawrence Clark's "Outlines for Review of the Fundamental Principles of the Law" can profitably employ at no detriment to his vacation pleasures many minutes and hours which would otherwise be lost. In its present edition, published especially for the use of law students by The American Law Book Company, the book, being flexibly bound and printed on thin paper, can be carried in the pocket. Take it with you on your vacation rambles and dip into it in unoccupied moments. There will be a big difference in your knowledge of the law "before and after taking." CASES (Continued from page 1) determinations classes so wide, in fact, that they embrace the whole case law of the country. William Benjamin Hale, nationally known authority on copyright law, counsel for the G. & C. Merriam Company, publishers of Webster's Dictionaries, and general counsel of The American Law Book Company, publishers of Cyc and Corpus Juris, also one of the associate editors-in-chief of the latter work, died of heart failure at his residence in Brooklyn, New York, Sunday morning, March 30th, 1924. Mr. Hale was born in St. Louis, Mo., September 10th, 1871. He graduated from the Missouri State University in 1890 with the degree of LL. B. cum laude as winner of his class of the prize for a graduating thesis. One of the committee of judges to pass on the merits of the prize theses was F. N. Judson, who was so impressed with Mr. Hale's thesis that he invited him to enter the law office of Judson & Taussig in St. Louis. Every decided case may be and in fact is a controlling or ruling case in the particular jurisdiction in which it was rendered upon any subsequent question involving the same principles and facts, so long as it has not been reversed or overruled; and hence there Shortly after leaving the West Publishing Company to can be no segregation of any join the editorial staff of the Edward Thompson Company at distinct group of ruling or Northport, New York, he entered the active practice of law controlling cases from the in New York City as a member of the firm of Judson & Hale. wealth of all the case law After the death of Mr. Judson he continued to practice law which constitutes the great under the firm name and then under his own name until strength and adaptability of his death. the common law. After practicing law for several years in that city, Mr. Hale went to St. Paul, Minn., as a member of the editorial staff of the West Publishing Company, where his ability as a law writer soon became evident. After an apprenticeship in writing syllabi for the National Reporter System, he was promoted to work on the American Digest and later to write textbooks. He wrote for the West Publishing Company: Hale on Bailments, Hale on Damages, and Hale on Torts. For the past ten years Mr. Hale as stated had been genIn an address delivered be- eral counsel of The American Law Book Company and one fore the Ohio State Bar As- of the editors-in-chief of Corpus Juris, and had been active sociation at Columbus, Ohio, in the editorial supervision of that work, as well as the duties January 25th, 1924, William of his office as general counsel, and in his private practice Draper Lewis, formerly Dean up to the day before his death. of the Law School of the Uni- In addition to the textbooks mentioned above as from Mr. Hale, both as law writer and as attorney in active a Dean Stone Appointed Harlan F. Stone, whose resignation as Dean of the Columbia University Law School was announced sometime ago in "The Law Student," has been appointed by President Coolidge as Attorney-General of the United States to succeed Harry M. Daugherty, re and to Scottish Bar Sometime ago the first woman was admitted as signed. member of the Faculty of Ad- The appointment of this. educator Mr. Hale was a Republican in politics, a member of the vocates. Thus Scotland falls distinguished Beta Theta Pi national college fraternity, of the Phi Delta into step with the rest of the lawyer to a seat in the CabiPhi, and of Phi Beta Kappa, also a member of the City Club English-speaking world by net cannot fail to reflect credof New York City. He held the office of Supreme Trustee of admitting women to practice it upon Mr. Coolidge's adminthe Royal Arcanum at the time of his death. in the courts. istration. Editor One of the superficially discouraging things about the learned professions in contrast with the industrial arts and business life is the thought that one cannot force one's own success. A bricklayer will lay more bricks just in proportion as he works harder; an automobile manufacturer will turn out more cars just in proportion as he puts directed effort into increasing production. But a lawyer, however hard he works in mastering law and the arts of advocacy, cannot force clients to come to him. At least this is a plausible, if superficial, view of the matter. The truth, however, is that application and effort yield success and increasing returns in the practice of law just as surely and inevitably as in the other concerns of life. Clients come to a given office for a definite reason, and nine times out of ten that reason is the lawyer's reputation for ability founded directly upon hard study and application in law school and the following early years of practice. It is a universal truth that nothing comes without labor, and the truth is just as true of the practice of law as it is of growing potatoes. The student who throws his heart and soul into his law school work, utilizing every minute for the acquisition of knowledge, the lawyer who does not lapse into a rut, but keeps on exploring and probing the great storehouses of the law, are both as certain of success as the cobbler who wills to make a pair of shoes. Their effort begets ability; their ability, reputation; and their reputation, financial returns. Each hour a student spends now with his books is a stone for the foundation of his future prosperity; each hour wasted is a hazard of future failure. The office anteroom pictured in the prize title cartoon of our April 1st issue, reprinted, with the winning title, in the next column, is the kind of an office anteroom to have. Just as surely as the sun arises it will come to you, if you do your part and by hard work now prepare yourself for the responsibilities of advising clients in matters most intimately affecting their prosperity, happiness, and lives. In this issue, our last for the school year 1923-24, we take pleasure in wishing for all graduating seniors the best of good fortune both before the bar examiners and later in practice at the bar; to law students in other classes we extend our wishes for a pleasant vacation, and look forward to our next issue of October 1st, when we shall endeavor to be still more readable, interesting, and instructive than our readers have assured us we have been during the present school year, our first. The prize title cartoon of the April 1st issue is republished above with the winning title "The Oracle" submitted by George F. Lowenthal of the Temple University Law School, Philadelphia, Pa. Considerations of space prevent our printing in this issue the names of students who submitted titles worthy of honorable mention. SUGGESTIONS AND COMMENT Editor of The Law Student. Dear Sir: Editor of The Law Student. Dear Sir: Editor of The Law Student Dear Sir: May I take this opportunity I take this means of exThe present form of you to express to you my entire pressing my appreciation of satisfaction with the copy of valuable paper seems to be a the valuable assistance rend- "Outlines for Review" recent- that could be desired. T dered me by your "Outlines ly obtained from you. At the only suggestion I make is that for Review." It is a wonderful time I obtained the book, I its sheets be fastened so tha was engaged in preparing for it may be made into book book in every sense of that the Alabama bar examina- form later. word. I never supposed that tion, and, of course, immedi- It was not my purpose t so many important principles ately gave it an opportunity prepare for an examinations subscribing for this paper of the law could be covered to prove its worth. I found it very helpful in with your "Outlines for R so thoroughly in so few words. correlating the different sub- view." Being a membe: 3 While I can commend the jects covered by my course in the bar of all classes whole work to those prepar- school and enabling me to see wish especially to mention law. I had not studied the ing practiced twentying for bar examinations. I the entire background of the courts in the nation, and ha chapters nine, ten, eleven, subject of domestic relations years, I am just now getta twelve, and thirteen. Those in school and depended al- to be an ambitious student a chapters cover the phases of most entirely upon that book the fascinating study of la the law discussed therein for my knowledge of the sub- I long to see the time whe more thoroughly than any ject. the fundamental principles I attribute my success in law will be as familiar to work I have ever read, and I feel sure were greatly in- passing the Alabama bar ex-mind as should be the amination, in a large measure, commandments to the clerg strumental in helping me to to my last minute review from pass the bar. that book. Hobart Roby, Washington, D. C. Chas. B. McInnis, Washington, D. C. man. O. A. Featherston, Murfreesboro, Ark VACATION SUGGESTION Summer Months Ideal for Review Work Summer months, when law schools, except for summer sessions, are closed, can be used most profitably by law students not attending such sessions in carefully reviewing the school work of the past year and preceding years. A student who has at hand a readable, accurate, and well arranged text such as William Lawrence Clark's "Outlines for Review of the Fundamental Principles of the Law" can profitably employ at no detrinent to his vacation pleasures many minutes and hours which would otherwise be lost. In its present edition, pubished especially for the use of law students by The Amercan Law Book Company, the ook, being flexibly bound and rinted on thin paper, can be arried in the pocket. Take t with you on your vacation ambles and dip into it in unccupied moments. There will e a big difference in your nowledge of the law "before nd after taking." CASES (Continued from page 1) leterminations classes so ride, in fact, that they emrace the whole case law of he country. William Benjamin Hale, nationally known authority on copyright law, counsel for the G. & C. Merriam Company, publishers of Webster's Dictionaries, and general counsel of The American Law Book Company, publishers of Cyc and Corpus Juris, also one of the associate editors-in-chief of the latter work, died of heart failure at his residence in Brooklyn, New York, Sunday morning, March 30th, 1924. Mr. Hale was born in St. Louis, Mo., September 10th, 1871. He graduated from the Missouri State University in 1890 with the degree of LL. B. cum laude as winner of his class of the prize for a graduating thesis. One of the committee of judges to pass on the merits of the prize theses was F. N. Judson, who was so impressed with Mr. Hale's thesis that he invited him to enter the law office of Judson & Taussig in St. Louis. Every decided case may be nd in fact is a controlling or uling case in the particular urisdiction in which it was endered upon any subsequent question involving the same rinciples and facts, so long is it has not been reversed or overruled; and hence there Shortly after leaving the West Publishing Company to an be no segregation of any join the editorial staff of the Edward Thompson Company at listinct group of ruling or Northport, New York, he entered the active practice of law ontrolling cases from the in New York City as a member of the firm of Judson & Hale. wealth of all the case law After the death of Mr. Judson he continued to practice law which constitutes the great under the firm name and then under his own name until trength and adaptability of his death. The common law. After practicing law for several years in that city, Mr. Hale went to St. Paul, Minn., as a member of the editorial staff of the West Publishing Company, where his ability as a law writer soon became evident. After an apprenticeship in writing syllabi for the National Reporter System, he was promoted to work on the American Digest and later to write textbooks. He wrote for the West Publishing Company: Hale on Bailments, Hale on Damages, and Hale on Torts. For the past ten years Mr. Hale as stated had been genIn an address delivered be- eral counsel of The American Law Book Company and one ore the Ohio State Bar As- of the editors-in-chief of Corpus Juris, and had been active ociation at Columbus, Ohio, in the editorial supervision of that work, as well as the duties anuary 25th, 1924, William of his office as general counsel, and in his private practice Draper Lewis, formerly Dean up to the day before his death. of the Law School of the Uni reat In addition to the textbooks mentioned above as from ersity of Pennsylvania and his hand, Mr. Hale wrote many law treatises published in the How Director of the Ameri- American and English Encyclopædia of Law, the Encycloan Law Institute, took oc- pædia of Pleading and Practice, the Cyclopedia of Law and asion to comment on the Procedure (Cyc), and Corpus Juris. As counsel for the variety of precedent G. & C. Merriam Company, he won for them the celebrated which constitutes so promi- "Webster's Dictionary Cases," involving matters of copyright, ent a feature of the English of the unfair use of literary property, and of trade-marks nd American common law as and unfair competition. istinguished from statute and Mr. Hale, both as law writer and as attorney in active de law. Mr. Lewis said: practice, was characterized by an incisive quality of intellect The second feature of the which enabled him to master a given subject at the minimum ommon law is its fullness. expense of time and to present the results of his researches We all of us complain of the with the most complete lucidity and clearness. His death ultitude of cases, the 'wil-marks the passing of a brilliant lawyer and law writer, who erness of precedent;' but the up to the very last moment of his life seemed to have ahead ast accumulation of cases de- of him many years of success and usefulness in his chosen eloping principles and illus- profession. ating how principles shall e applied gives to our comon law a fullness of detail hich is unknown to other gal systems." Mr. Hale was a Republican in politics, a member of the Beta Theta Pi national college fraternity, of the Phi Delta Phi, and of Phi Beta Kappa, also a member of the City Club of New York City. He held the office of Supreme Trustee of the Royal Arcanum at the time of his death. We reprint herewith from, 354. What are the most gen- 360. for the construction of contracts. 372. What is meant by the "discharge" of a con tract? 373. State the modes in which a contract may be discharged. Can a contract impose 374. this rule. What is the effect where 375. 376. the contract constitutes can How may a contract be How may a contract be ance. How may a contract be discharged by operation of law? What are the remedies of a party to a contract when it is broken by the other party? As we have stated before, the correct way to use these questions is to endeavor to 358. answer them in writing without reference to Mr. Clark's 359. text, then to turn to the text and verify the accuracy of your answers, and, finally, to investigate the Corpus JurisCyc citations in the footnotes to Mr. Clark's text, first, to learn the application of the legal principles to specific 362. states of fact, second, to discover the exact position of your state jurisdiction on the 363. In such cases, what is 381. What are the most imthereof involved in the quesprinciples and applications tions. The problems printed herewith are more in the nature Evidence-Baptismal Record to Prove Date of Birth. of questions from a bar exPlaintiff, under necessity to prove an age of less than six-amination than they are in the teen years to place his case without the provisions of the Workmen's Compensation Act, offered the baptismal record of a church. It was held that the record was admissable to prove plaintiff's age over defendant's objection that it was competent to prove only the fact and date of the baptism, the date of birth having been three years earlier. Dillon v. Heller & Bros., 122 Atl. 595 (N. J.). What is meant by "quasicontract?" Give an illustration of a quasi-contractual obliga tion. portant "particular" contracts? "sale," and what are its requisites? 364. What is the general rule 382. What is a contract of 365. nature of a quizzer, and just Questions Trade-Marks and Trade-Names-Unfair Competition. The Carter Electric Company, a corporation, sought to enjoin W. B. and S. E. Carter from forming a corporation called the W. B. Carter Electric Company. It was held the injunction would be denied, no fraud, deception, or misrepresentation being shown. Carter v. Carter Electric Co., 119 S. E. 737 (Ga.). 351. What is the effect of an illegal agreement? 352. How may unlawful agreements be classified? Why are agreements contrary to public policy illegal? Attorney and Client-Disbarment of Attorney for Fraud. An attorney defended a suit where there were three opposing counsel of record. A fourth counsel retained by plaintiff after the action had begun did not enter his name as counsel, but filed written pleadings and argued a motion, so that defendant's attorney knew he had superseded the counsel of record. By giving notice of a proposed order to the counsel of record only, and by representing to the court that the fourth counsel for plaintiff was not in the case, defendant's attorney secured an order dismissing the action. It was held that defendant's attorney was guilty of professional misconduct and subject to disbarment therefor. People v. Brillow, 140 N. E. 829 (Ill.). Cancellation of Instruments-Life Insurance PolicyLegal Remedy. A life insurer sued in equity within a year after the insured died for cancellation of the policy for fraud at the inception of the contract, the policy having been incontestable after one year. Subsequently, and still within the year, the beneficiary brought an action on the policy, which was removed to the federal court where the insurer's suit was pending. The insurer then sought to enjoin the beneficiary's action at law. It was held that it was the duty of the court first to hear insurer's suit in equity. Jefferson Life Ins. Co. v. Keeton, 292 Fed. 53. 353. 368. 369. When do rules of law operate, at common law, What are the effects of What is the effect where two or more bind them- 383. Distinguish between a 386. What is the difference 387. What is a "bailment?" 391. From what system of law were they adopted? What is the form of Trusts-Wills-Secret Trusts-Death of Beneficiary. Testatrix left her property to her husband for life, "knowing that he will carry out my wishes." A paper was found reciting Sales-Force of Inspector's Decision. The seller and the that after the husband's death the property should be divided 397. buyer of lumber agreed to have it inspected by an official, equally among A, B, and C. The husband had knowledge who was to decide whether it satisfied the specifications of of this paper and assented to it. A died before testatrix. In the contract. Such inspector approved the lumber, which two suits it was held, first, that a valid trust was created for 398. was admittedly inferior. It was held that the seller should the beneficiary, second, that the personal representative of recover the price. Marbury Lumber Co. v. Briggs-Shaffner A was entitled to a third of the estate. In re Gardner, 129 Co., 186 N. C. 346, 119 S. E. 484. L. T. R. 206. bailment known as depositum at common law? What is the bailment known as pignus, pledge or pawn? Give the three classes of bailments as dependent upon the benefits which the parties derive from the transaction. What is the liability of the bailee for negligence in each of these three classes of bailment? What is the difference between an innkeeper and a boarding-house keeper? What is the liability of innkeepers for the loss of the goods of a guest Is a boarding-house keeper subject to the same liability as an innkeeper? |