-Anon. The Georgia Court of Ap- * "Chickens, sah," said the Why is the hour of the receiving stolen goods? you are not to clean the boots he's hanging on to the laces." will that makes seven children dren behave themselves." jury." Define "unlawful assem- Can real property be the 171. taken from the owner's 172. 107. How many kinds of trea- son were there at com- 113. 114. Name them. 181. young feller, I seen and I "What is the penalty for times, and I never knew that A copy of Dr. Kiser's That's a good one; I'll have 119. Some painters always paint 120. it after the s, but I always 122. What is the rule as to What is the difference 185. Why is an insane person between common as- What is false imprison- What is the effect of an By DR. DONALD J. KISER Author of "Principles and Practice of Legal Research" Volume thirty-two Corpus particular kind of property. Juris, which is now being is- Now, if, on consulting the apsued to subscribers, begins propriate place in the title with one great general title relating to that kind of prop"Injunctions" and closes with erty, the searcher found that the first divisions of another, there were precedents for or "Insurance;" it contains also against the use of an injuncthe titles "Innkeepers," "In- tion in the manner involved, sane Persons," "Insolvency," he then would not be comand "Inspection," and the pelled to go into the law of words, phrases, and maxims injunctions generally, but, if judicially defined which fall he found no precedents, then alphabetically between. the (Continued page 3, col. 3) words "injure" and "insurable" -Pp. 1-1358. A glance through the contents of this volume will re ITALIAN PREMIER pay the lawyer or student who TO BE EXAMINED desires to learn how to make the fullest use of Corpus Juris to find the law with the least possible effort. Particularly well do the titles "Injunc- Mussolini Insists on Winning JANUARY, 1924 NEWS OF THE Willamette University The Law School has a new instructor in the person of Prof. Roy C. Harding of Chicago, Ill. Prof. Harding received his A. B. degree from Hillsdale College of Michigan, and received his J. D. degree from the University of Chicago, after which he engaged in the general practice of law in Denver, Colo., for two years. Prof. Harding is now instructor of International Law and Jurisprudence in the Willamette University Law School. University of Kansas The School of Law, Lawrence, that Kans., reports Prof. Maurice T. Van Hecke has joined the faculty. Mr. Van Hecke comes to them from the University of North Carolina Law School. He will teach the subjects Legal Bibliography, Equity I, II, and III, Trusts and Sales. Dr. Frank Strong will teach the new courses Taxation and International Law, which have been added to the curriculum this year. (Legal Bibliography is a new course for this year, also.) This year's enrollment is 124 students. Minnesota College of Law Minnesota College of Law, Minneapolis, Minn., reports: Registration this year 430, most of whom have completed Mercer University Robert E. Lee Saner, At- member Executive Committee their university training. The torney at Law, whose offices Security National Bank, Dal- faculty is composed of 24 are in the Magnolia Building, las, Texas; member Texas members of the bench and at Dallas, Texas, enjoys the Electric Railways and Chair- bar, all actively engaged in distinction of being the first man of Executive Committee practice. Southerner in many years to 1915-20; President United Sebe elected as President of the curities Co.; Vice-President American Bar Association. Southern Loan & Security Wm. H. Fish, who for the The main facts in his life, Co.; Vice-President Provident past sixteen years was the gleaned from "Who's Who in Loan Society; Vice-President Chief Justice of the Georgia America," are as follows: Texas Mortgage & Investment Supreme Court, has been "Born Washington, Ark., Co.; Secretary Democratic made Dean of the Mercer UniThis plan allows the gen- Mussolini is not a lawyer, August 9, 1871; son John State Executive Committee versity Law School and is now eral rules to be fully stated and Italy wonders how he will Franklin and Susan Crawford of Texas, 1899-1901; Vice- a full time professor of law. and sufficiently illustrated in cope with the situation. There (Webb) Saner; student Sear- Chairman Central Legal Ad- Dean Fish is teaching the subthe general titles without an is no doubt in the popular cy (Ark.) College and Van- visory Board of Texas for jects of Criminal Law, Mortunduly complicated analysis, mind that he will succeed in derbilt University, Nashville, United States Selective Draft; gages, Evidence, Georgia Proand, after they have been thus winning his degree. The pre- Tennessee; LL. B., University Member American Bar Asso- cedure, and Bills and Notes. separated and discussed n de- mier, who has previously been of Texas, 1896; married ciation (General Council, 1905- The Mercer University Law tail, allows them as applied to a school teacher, butcher's Ileaine Marvin Smith, of 21, Chairman 1917-20, Chair- School has inaugurated the some particular kind of facts boy, sailor, stonemason's as- Brenham, Texas, March 31, man Public Utilities Section course in Legal Research as to be brought together again sistant, professor of French, 1903. Admitted to Texas Bar 1918-19, Member Executive originated by The American in the particular or more journalist, soldier, member of June 15, 1896; now senior Committee 1917-20); member Law Book Company, and one specific titles. Parliament, revolutionary lead-member law firm of Saner, Board of Editors American term hour credit is given for The advantage of this is er, and, at the last, virtually Saner, Turner & Rodgers, Bar Journal 1920-; President this course. apparent. For example, sup- dictator of the Kingdom of Dallas, Texas; attorney for American Bar Association, Rufus C. Harris, a graduate pose the question to be one Italy, may crown his career landed endowment University 1923-24; Chairman of Com- of Yale Law School, has of injunction, affecting some by becoming a lawyer. of Texas, 1899-;director and (Continued page 10, col. 1) (Continued page 6, col. 3) JANUARY, 1924 In these, its initial issues, The Law Student is in a sense outlining the scope of its activities. In the first issue was stressed in general the importance to a law student of his bar examination and the necessity for thorough and intelligent preparation therefor. In the second issue was emphasized the importance of a systematic review of past law school work during the entire continuance of the student's course. In this issue, while still pursuing these aims, The Law Student outlines another field of usefulness by emphasizing the importance to one preparing to enter the practice of the law of doing the utmost possible to acquire real skill and facility in legal research. In a way this matter is of an importance equal to that of adequate preparation for the bar. It is true that unless one passes his bar examination he will not be admitted to practice; but it is also true that, although he does pass his bar, and does enter the practice of the law, he will be almost helpless and greatly handicapped unless he has trained himself to find the law on questions brought to him by clients with a maximum degree of skill and accuracy and at a minimum expenditure of time. There is more than one aspect to the necessity of acquiring skill and facility in legal research. In the first place, skill is necessary if the student when admitted to practice is to be able to find all the law and all the authorities on any given question, thereby to win his cases in court and build his practice by means of a constantly growing reputation as a careful and successful lawyer. In the second place, facility in legal research is necessary if he is to attain these results without undue expenditure of time, and thus win clients and business not only by giving advice promptly on request, but also by having time left from his office and court practice to engage in the many social, religious, civic, and political activities which are so essential to render a lawyer widely and favorably known in his community, and to give him leadership in its many affairs and concerns. In the third place, skill and facility in legal research are most important to the young lawyer just when he is a newcomer to the bar, not only because it is then that he meets most earnest competition in building a practice, but also because in his first years he cannot employ office assistants to relieve him of any part of the burden of finding his own law. The thrill that comes once in a lifetime The Law Student has been having a lot to say about preparation to pass the bar; after all the main desideratum of the law school course is preparation to win success at the bar. Student should do this. The paper is printing and will print And constant study throughout one's professional career, The time to begin to develop in oneself the ability to find all the law and all the authorities on a question at minimum expenditure of time and effort is during one's law school course. Systematic effort now to learn the mechanics of the law and the skillful and exhaustive use of law books will make one a better and more successful student, and also will lay the only sure foundation for becoming an able and successful attorney in practice. The books are there, ready for your use, and always will be ready for your use; but they will be a blind maze and chaos until you apply yourself earnestly to master the intrinsically simple principles of research. Avail The Law Student will do its best to serve those of its yourself of every opportunity offered by your school to famili- readers, who, having left law school, are yet desirous of keeparize yourself with, and to gain expertness in, the use of law ing step with the development of the law. We shall not books. Time spent in this endeavor now will prove a most pretend to analyze and examine new branches of the law, intelligent and fortunate investment, yielding in the future nor to delve into old legal controversies, but shall have much heavy dividends in reputation, money, and freedom from to say regarding the methods and principles of legal research drudgery. and the efficient, skillful, and exhaustive use of law books. We may venture to suggest that our columns will prove We have been forced, by many requests from lawyers particularly useful to lawyers of some years' standing at the in general practice, to establish a subscription list embrac- bar, who left school before the comparatively new courses ing names other than those of students in law schools. And, in legal research had been made part of the usual law as we see it, it is entirely natural and proper that The Law school curriculum. WHAT DO YOU THINK OF US? The Law Student is published solely to assist you as a law student. To this end the editor and publisher are devoting their best efforts. But it will greatly assist us-and, through the betterment of the publication, assist you if all of our readers will write in and let us know just what departments and features of the paper are, first, of most service, and, second, most interesting to them. If you can't take time to write a letter, drop us a postal. We should like to know, for instance, whether you would have us publish fiction of a legal complexion. We are always open to suggestions for the betterment of the paper, and trust that this request will evoke a considerable volume of correspondence from our readers. And don't forget that we welcome contributions suitable for our pages and make payment therefor on acceptance. ENTHUSIASTICALLY RECEIVED he would be compelled to Large First Printing of William Lawrence Clark's "Outlines for Review of the Fundamental Principles of the Law" Exhausted in Two Weeks Second Printing Now Being Sold Legal Educators and Students Greatly Pleased formulate his own answer to neces Again, with reference Immediately on announce- An article by Dr. Kiser, ment of publication of William Associate Editor-in-Chief of Lawrence Clark's Outlines for Corpus Juris, and author of Review of the Fundamental Principles and Practice of "Insurance" becomes Principles of the Law a very Legal Research, is printed heavy volume of orders was elsewhere in this issue (see received from law students page 16) pointing out and iland the profession generally lustrating the proper and most -so heavy a volume, indeed, helpful way in which to use that the first large printing Outlines for Review. Careful of the book was exhausted almost immediately and the filling of orders somewhat delayed while a second printing was rushed through. Now that the publishers are apprised of the heavy demand for the book they are in position to take steps to satisfy such demand and in the future hope to fill all orders promptly as received. reading and mastery of this The forms for this issue of The Law Student closed shortly before December 15th, less than three weeks after the beginning of distribution of Outlines for Review, hence it is impossible to print here the many favorable comments Many favorable comments on this book received from regarding the book have come legal educators and students in from purchasers. It is very alike. In following issues we evident that the volume will shall print such matter, parfill a long-felt need in assist- ticularly where the comments ing law students in self-re- develop and point out further view work supplementing uses for the book. their law school review work in preparation for the bar, but in no case should it be considered a substitute for the regular law work. school review authorize The publishers An Open Letter to All Members of Law School Bar Examiners if to Dist. June '23 No exact "About 50 figures one half" furnished Ga. June '23 75 41 34 45 July '23 319 204 115 36 Kans. June '23 Apr. '23 not indeed the most, im- of the title which is devoted divisions in his first grouping follows: A. Actions and Other Legal B. Property and Convey ances cupation Contracts The Law Student is the only legal publication going to all C. Trade, Business, or Ocmembers of law school faculties, to all state boards of bar examiners, and to all law students. As such it affords the D. ideal medium for intercommunication of ideas between stu- E. dents, faculty members, and members of examining boards. The purpose of this open letter is to suggest that the columns of The Law Student are always open to letters and articles from faculty members and members of state boards of bar F. examiners, as well as from students. N. H. N. Y. 000 5334 Since the last number of The Law Student went to press, we have received from the secretaries of the boards of law examiners of the states of Arizona, Georgia, Kansas, New Mexico, and Oregon, data on the percentages of failures at recent bar examinations. The figures are incorporated in the table of statistics reprinted from the last issue. It is the intention of The Law Student to reprint this table from month to month, adding to it as data and figures from additional states are received, until it is complete as to each state and presents a bird's-eye view of the severity of bar examinations over all the country. Publication of Proceed-3. 4. In subdivision C will be found, among other things, a full treatise of the use of injunctions in labor disputes, a use which has been frequently the subject of comment upon 5. the political stump and in po Improper Use of Trade Secrets Improper Use of Informa- 8. The above headings which, it should be remembered, are further subdivided in the title itself indicate the fullness with Announcing Former As- and controverted question is which this most interesting sociation in Business with Another Acts Committed in Course of Labor Disputes treated. In passing, it may be appropriate to note that the author has for years paid par(Continued page 4, col. 2) CASES OF INTEREST Brief Notes of Recent Decisions Plaintiff Bound by Own Testimony. A real estate broker who brought action for commissions, and whose own testimony developed that his right to compensation depended on a sale which never took place, was bound by such testimony though there was other testimony that there had been a sale. See Massie v. Firmstone, 114 S. E. 652 (Va.). Marriage of Woman Alien as Affecting Citizenship. Where an unmarried female alien, under order for deportaUnited States for six months under bond, and during her visit married a citizen of the United States in good faith, though her mental condition had not changed, the court held on petition for habeas corpus against her deportation that by her marriage she had become an American citizen and could not be deported. See United States ex rel Sejnensky tion as feeble-minded, was permitted to visit relatives in the tract. MAPPING THE LAW (Continued from page 3) persons or Insolvency. This title deals with the procedure under state insolvent laws designed to exonerate the person or property numerous as the earlier the state laws stand unaffected as to ticular attention to this discrimination by reason of to capacity to make a will, Damages for Conversion of Bank Book the Value of the branch of the law, his text- race or color, which will be which is treated in the title Deposit and Not the Value of the Book. Where defendant book upon Labor Unions writ- found in the title "Civil "Wills," and to mental incaconverted plaintiff's bank book, deposited with him as securi- ten some years ago having Rights;" nor the duties and pacity sufficient to establish ty for a debt, by refusing to give it up to plaintiff after the been favorably received by liabilities of sleeping car com- a defense in a prosecution for debt had been discharged, the court held that plaintiff could the profession. panies toward passengers trav- crime, which will be found in recover in trover from defendant some $1,600, the value of Space does not permit of an eling in their cars; their re- "Criminal Law." the deposit in the bank, with interest from the date of the extended consideration of all lation, although somewhat anconversion, and not merely the value of the book, some of the various groupings of alogous to that between innfifteen cents. See Stebbins v. North Adams Trust Co., 136 the subjects of protection and keeper and guest, is treated in N. E. 880 (Mass.). relief. Attention, however, the title "Carriers." must be directed to the dis- Insane Persons. In this title of a debtor and relieve him of injunction to restrain ac- to persons of unsound mind, itors. Since, because of the cussion of the use of the writ are discussed matters relating from the pressure of his credtions and other legal proceed- such as inquisitions as to san- National Bankruptcy Act, the injunctions with reference to appointment of committees or is fully discussed in the title ings, and to the discussion of ity or lunacy proceedings, the operation and effect of which relief against a breach of con- guardians, the powers, duties, "Bankruptcy," the operation and liabilities of such guard- of these laws is suspended as ians, the care and custody of to cases falling within the The procedure to procure the insane person, his support, purview of that act, the rediscussed in main subdivisions erty, his disabilities and privi- the scope of this title are not and continue an injunction is the management of his prop-cent decisions falling within V and VII which take up leges, his contracts, torts, and so the injunction suit from its crimes, proof of sanity or in- ones. However, the title is of beginning to its termination, sanity, and actions by importance since or isdiction, parties, process, their representatives. The ar- matters and persons not withincluding such matters as jur- against insane bond, pleading, evidence, de- ticle is introduced by one of in the scope of the Bankruptcy the most complete, if not the Act and as to all matters most complete, collections of would, without re-enactment, legal definitions of medical become operative in case of a and legal terms relating to repeal of that act. various states of impaired or Inspection. Following “Indiseased mentality that has solvency" a few pages are deever been compiled, extending voted to the title "Inspection." in range from such a slang This title is designed to inword as "nutty" to such a dig- clude questions arising under nified medical legal term as statutes providing for the "paranoia." A great many examination of certain articles questions purely as to suffici- to determine their fitness for ency of mental capacity to commerce. Many of such laws, comprehend the natures of however, relate to the specific particular transactions and to matter of adulteration and are enter into particular contracts excluded from this title and or relations where the degree discussed in the title "Adulof incapacity falls short of teration." The inspection of that mental unsoundness which food for the purpose of ascerjustifies the appointment of a taining its fitness for sale and guardian are treated in other consumption is treated in the titles such as "Contracts," title "Food." Questions as to "Deeds," "Marriage," etc., as inspection for the determinawill be seen from the cross tion of safety are treated in references printed upon page titles having to do with the 592. Two very important mat- particular subjects of inspecters which are excluded from tion, such as "Mines and Minthis title are matters relating (Continued page 10, col. 5) v. Tod, 285 Fed. 523. Operator of "Aeroplane Swing" Not a Common Carrier. In plaintiff's suit for injuries sustained when a paying passenger on defendant's "aeroplane swing," the swing having broken, a charge that defendant, operator of the swing, was required to exercise the highest degree of care and skill which might reasonably be expected of persons engaged in the business was erroneous inasmuch as defendant was not a common carrier. See Firszt v. Capitol Park Realty Co., 120 Atl. 300 (Conn.). The fact rendering the operator of the swing not a common carrier was that the swing was used for amusement and not for transportation. Charity Not Liable for Negligence. In Bachman v. Young Women's Christian Association, 191 N. W. 751 (Wis.) it was held that the association was not liable to a pedestrian in the street struck by a window screen falling from the window of a room leased by the association, though the screen fell on account of the association's negligence. The holding is an application of the sometimes unduly extended rule that a charitable corporation or institution is not liable for its torts. Foreign Corporation Not Doing Business within the State. A foreign corporation with an agent resident in the state shipped iron from without to a point within the state under a contract with a domestic corporation. The foreign corporation sued to recover damages for a breach of the contract. The court held that the transaction was interstate commerce and that plaintiff foreign corporation was not doing business in the state. See Toledo Furnace Co. v. Lansing Co., 189 N. W. 864 (Mich.). cree, dissolution, etc. Damages from wrongful injunction are discussed in main subdivision VIII of the title. In this subdivision will be found the assessment of damages both in the injunction suit and in a suit upon the bond, and also in an action for damages independently of the bond. The various items of damages which are recoverable are considered in the last sections of this subdivision. Other matters relating to injunctions. While a few of the most important features of this title have been noted in the preceding paragraphs. they are by no means all that are contained in it. The analysis of the title is well worthy a careful examination. In no other way can a knowledge of uses and scope of the remedy by injunction be so quickly and clearly obtained. Also, attention should be given to the cross references at the the TO OUR READERS head of the title as an index to the many specific subjects of injunctive relief which are The publisher of The Law Student, its executive officers, treated in other titles. and the editor have put a great deal of time and effort into Allegation of Termination of Original Proceeding Not Innkeepers. The next title the publication at cost of Mr. Clark's Outlines for Review Necessary in Action for False Imprisonment. Plaintiff suing in alphabetical arrangement in of the Fundamental Principles of the Law. The work was for false imprisonment failed to allege that the proceeding Corpus Juris following "In- undertaken, not with an eye to profit, but with an actual purwhich had resulted in her arrest and incarceration in an junctions" is "Innkeepers." pose of service. We know from the reception of the book asylum for the insane had terminated when she brought her This is a comparatively short that it has filled a long-felt need, several thousand copies suit for damages. The court held that such allegation was title but it contains much in- having been sold within two weeks from announcement and not necessary. See Boesch v. Kick, 119 Atl. 1 (N. J.). The teresting law, such, for ex- orders from schools and students still continuing to pour in. necessity for such allegation in an action for malicious prose- ample, as the liability of an However, we wish to ask purchasers of the book to cution according to the better reasoning does not obtain in an innkeeper for loss of, or in-write us as to the ways in which they have made use of it. action for false imprisonment. jury to, a guest's property or Have you yourself, for instance, followed Dr. Kiser's suginjury to his person, the dis-gestions in his introduction regarding close scrutiny of the Injunction against Execution of Criminal Judgment. In tinction between an inn or text and thorough re-examination of law school notes and People v. Superior Court, 65 Cal. Dec. 263 the Supreme Court hotel and a boarding or lodg-work in connection with its reading, or have you merely held in the case of one convicted of murder, who petitioned ing house, the definition of read Outlines for Review without troubling to turn again to enjoin his execution, that "there is no authority so far as "guest" and the inception to your case books and notes of lectures? And have you the defendant is concerned to sue the State of California for and termination of the rela- taken the "Self-Quizzer" and "Problems" as a serious selfa vacation of the judgment and that the remedy provided by tion, the rights and remedies examination by sitting patiently down with pencil and paper law is by an application for a pardon." The convicted party's of the innkeeper as to com- and answering them in writing before referring to Mr. Clark's petition alleged facts tending to show that the actual mur-pensation, statutory and mun-text to test the accuracy of your knowledge of the fundaderers fraudulently made use of his lack of understanding icipal regulations, and offenses mental principles of the common law? of the English language in inducing him to make a plea of by and against innkeepers. We shall greatly appreciate your informing us by letter self-defense and then testifying to his guilt. The superior It should be noted, however, as to these points and others regarding Outlines for Review. court granted the injunction on the ground of deceit de- that this title does not dis- Won't you let us hear from you? (Continued page 5, col. 4) cuss questions arising from Editor of The Law Student. |