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Lawyer: "Now that we have
you talk in court yesterday,
Some people were made to be
Sauerkraut was made for the
thing to offer in your
The Georgia Court of Ap-
A copy of Dr. Kiser's
Could you pass a bar ex-
room is a Scotchman, sir, and
Some years ago I watched
What kind of a building
What breaking is suffic- 163.
ing of a crime," and
son were there at com-
"Go ahead," she replied. "It's call it an apostrophe."
make that dingus a hundred 118. When is a homicide eith- 151. Define an "assault," and
er murder or man-
don't make no difference 122.
-De Laval Monthly.
What is the difference 185. Why is an insane person
Define rape; and what
"Fred's been glum since he
How is ownership of the
What is "motive," and
What is the rule as to i
What is the effect of an
Could you pass a Bar Examination in Torts? See page
The American Law Book Co.
BROOKLYN, NEW YORK CITY
MAPPING THE LAW FROM "INJUNCTIONS"
A Research Survey of Corpus Juris Volume
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
A glance through the contents of this volume will re
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
I possible effort. Particularly
NEWS OF THE
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, Kans., reports that 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
well do the titles "Injunc- Mussolini Insists on Winning tions" and "Insurance" illustrate the method employed in Corpus Juris to state the law When Senator Vittori Punin great detail and yet not by toni, rector of the University the plenitude of detail to ob- of Bologna, journeyed scure the general rules. This Rome to advise Premier Musis done, as in the case of solini that the council of the "Injunctions," by stating the university wished to confer rules applicable generally as upon him the honorary deto a particular topic of the law gree of Doctor of Laws, Musin what is termed a "general" solini, much to the honorable title and by leaving specific senator's surprise, stated that Minnesota College of Law, applications of such rules to he could not accept the high Minneapolis, Minn., reports: be taken up in titles dealing degree, which he had not Registration this year 430, specifically with the subject earned, and that he would most of whom have completed matter of the particular appli- take an examination therefor. Robert E. Lee Saner, At- member Executive Committee their university training. The cation, or, as in the case of When the senator objected, torney at Law, whose offices Security National Bank, Dal- faculty is composed of 24 a topic such a "Insurance," and stated that to do so it are in the Magnolia Building, las, Texas; member Texas members of the bench and having several well defined would be necessary to pre- at Dallas, Texas, enjoys the Electric Railways and Chair- bar, all actively engaged in and important subject matters pare a thesis and then discuss distinction of being the first man of Executive Committee practice. of application, by discussing it with legal authorities, the Southerner in many years to 1915-20; President United SeMercer University matters generally applicable to premier replied that he would be elected as President of the curities Co.; Vice-President all in the "general" title and do that. He added that he American Bar Association. Southern Loan & Security Wm. H. Fish, who for the by taking up matters peculiar would communicate the sub- The main facts in his life, Co.; Vice-President Provident past sixteen years was the to each particular subject mat- ject of his thesis in due gleaned from "Who's Who in Loan Society; Vice-President Chief Justice of the Georgia ter in the title particularly course to the council of the America," are as follows: Texas Mortgage & Investment Supreme Court, has been devoted thereto. university. "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)
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 Student should do this. The paper is printing and will print in legal research is necessary if he is to attain these results a great deal of valuable material bearing on legal research, without undue expenditure of time, and thus win clients and while the lawyer in practice is necessarily and always a stubusiness not only by giving advice promptly on request, but dent during the entire continuance of his professional career also by having time left from his office and court practice to just as much as is the law student in school. The latter propengage in the many social, religious, civic, and political activi-osition would be true even were the law a rigid system of ties 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 a the bar.
fixed rules and principles settled and established forever.
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 And constant study throughout one's professional career, course. Systematic effort now to learn the mechanics of the to one who has mastered the principles of legal research and law and the skillful and exhaustive use of law books will make learned to apply them skillfully and easily in the everyday one a better and more successful student, and also will lay use of law books, is not a prospect of dull and unrewarded toil, the only sure foundation for becoming an able and successful but rather a prospect of pleasant years profitably spent in attorney in practice. The books are there, ready for your use, exercising faculties of analysis and synthesis vastly pleasurand always will be ready for your use; but they will be a able in use and infinitely fruitful, both to oneself and to blind maze and chaos until you apply yourself earnestly to society. 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 pub lished solely to assist yo as a law student. To thi end the editor and publish er are devoting their bes efforts. But it will greatly assist us-and, through the betterment of the publica tion, assist you-if all o our readers will write ir and let us know just wha departments and features of the paper are, first, o 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 bet terment of the paper, and trust that this request wil evoke a considerable volume of correspondence from our readers. And don't forget that we wel come contributions suitable for our pages and make payment there for on ac ceptance.
"OUTLINES FOR REVIEW"
MAPPING THE LAW
ENTHUSIASTICALLY RECEIVED he would be compelled to
formulate his own answer to
his question by deduction
Second Printing Now Being Sold
Again, with reference to the insurance titles, suppose the question involved is one of hail insurance. Upon consulting the title "Hail Insurance," if no case of hail insurance bearing upon the point is to Immediately on announceAn article by Dr. Kiser, be found, then a resort to the ment of publication of William Associate Editor-in-Chief of discussion of the general prinLawrence Clark's Outlines for Corpus Juris, and author of ciples of insurance in the title Review of the Fundamental Principles and Practice of "Insurance" becomes Principles of the Law a very Legal Research, is printed sary. In other words, the parheavy volume of orders was elsewhere in this issue (see ticular title gives the case, if received from law students page 16) pointing out and il- such there is, which is appliand the profession generally lustrating the proper and most cable only to that title, and the -so heavy a volume, indeed, helpful way in which to use general title supplements it that the first large printing Outlines for Review. Careful by the general rules and the of the book was exhausted al- reading and mastery of this authorities supporting them. most immediately and the fill- article should precede use of ing of orders somewhat de- the book itself for review purlayed while a second printing poses. was rushed through. Now that The forms for this issue of the publishers are apprised The Law Student closed of the heavy demand for the shortly before December 15th, book they are in position to less than three weeks after the take steps to satisfy such de- beginning of distribution of mand and in the future hope Outlines for Review, hence it to fill all orders promptly as is impossible to print here received. 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 The publishers authorize in preparation for the bar, the announcement that all orbut in no case should it be ders for Outlines for Review considered a substitute for the can now be filled immediately review on receipt, at the original cost price to law students, of $2.00.
regular law school work.
Large First Printing of William Lawrence Clark's "Outlines for Review of the Fundamental
Principles of the Law" Exhausted
An Open Letter to All Members of Law School
which this volume of Corpus
of the title which is devoted
A. Actions and Other Legal
B. Property and Convey
Trade, Business, or Oc-
Public Officers and Boards
Public Welfare, Property,
The Law Student is the only legal publication going to all C. members 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 examiners, as well as from students.
One of the most vital subjects on which ideas may be interchanged and communicated is that of the proper scope and character of a bar examination. Obviously, such an examination is of the highest importance, not only to applicants for a license to practice, but also to the general public.
The purpose of this letter is not to discuss the question I. of the proper scope and character of a bar examination, but to elicit expressions of opinion thereon from members of J. state examining boards and from professors in law schools. K. We shall be pleased indeed to receive letters or formal articles discussing the question, and trust that this suggestion will L. evoke response from those best qualified to throw light on the subject.
The "Bar Examination Statistics" compiled by The Law N. Student show by inference from the greatly varying percentages of those who fail to pass that there is small degree O. of uniformity between the various state jurisdictions of the country in point of the severity of requirements for admission to the bar, and full and frank discussion in these columns of the general question of the bar examination may serve to promote greater uniformity and some improvement in certain jurisdictions in the scope and character of bar examinations and thereby be of distinct public service.
Editor of The Law Student.
BAR EXAMINATION STATISTICS
18 295 58
Execution of Judgments
Publication of Proceed-3.
of litical platforms as a mani- 6.
Improper Use of Trade
Improper Use of Informa-
No exact "Only about
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.
Combinations of Employ
ers to Prevent Workmen from Obtaining Employment Violation of Shipping Act against Discrimination by Carriers by Water
8. Other Matters Connected with Trade, Business, or Occupation
The above headings which,
sociation in Business
14 "About 40"
CASES OF INTEREST
Brief Notes of Recent Decisions
MAPPING THE LAW
(Continued from page 3)
Plaintiff Bound by Own Testimony. A real estate broker
cussion of the use of the writ
sale. See Massie v. Firmstone, 114 S. E. 652 (Va.).
numerous as the earlier
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 an- Insolvency. This title deals conversion, and not merely the value of the book, some of the various groupings of alogous to that between inn- with the procedure under state fifteen cents. See Stebbins v. North Adams Trust Co., 136 the subjects of protection and keeper and guest, is treated in insolvent laws designed to exN. E. 880 (Mass.). relief. Attention, however, the title "Carriers." onerate the person or property must be directed to the dis- Insane Persons. In this title of a debtor and relieve him are discussed matters relating from the pressure of his credsuch as inquisitions as to santo persons of unsound mind, itors. Since, because of the National Bankruptcy Act, the ity or lunacy proceedings, the operation and effect of which guardians, the powers, duties, "Bankruptcy," the operation appointment of committees or is fully discussed in the title and liabilities of such guard- of these laws is suspended as ians, the care and custody of to cases falling within the the management of his prop-cent decisions falling within the insane person, his support, purview of that act, the reerty, his disabilities and privi- the scope of this title are not leges, his contracts, torts, and so crimes, proof of sanity or in- ones. However, the title is of sanity, and actions by importance since the state against insane their representatives. The article is introduced by one of the most complete, if not the Damages from wrongful in- most complete, collections of junction are discussed in main legal definitions of medical subdivision VIII of the title. and legal terms relating to In this subdivision will be various states of impaired or Inspection. Following "Infound the assessment of dam- diseased mentality that has solvency" a few pages are deages both in the injunction ever been compiled, extending voted to the title "Inspection." suit and in a suit upon the in range from such a slang This title is designed to inbond, and also in an action for word as "nutty" to such a dig- clude questions arising under damages independently of the nified medical legal term as statutes providing for the bond. The various items of "paranoia." examination of certain articles A great many damages which are recovera- questions purely as to suffici- to determine their fitness for ble are considered in the last ency of mental capacity to commerce. Many of such laws, sections of this subdivision. comprehend the natures of however, relate to the specific particular transactions and to matter of adulteration and are Other matters relating to in- enter into particular contracts excluded from this title and junctions. While a few of or relations where the degree discussed in the title "Adulthe most important features of incapacity falls short of teration." The inspection of of this title have been noted that mental unsoundness which food for the purpose of ascerin the preceding paragraphs. justifies the appointment of a taining its fitness for sale and they are by no means all that guardian are treated in other consumption is treated in the are contained in it. The analy- titles such as "Contracts," title "Food." Questions as to sis of the title is well worthy "Deeds," "Marriage," etc., as inspection for the determinaa careful examination. In no will be seen from the cross tion of safety are treated in other way can a knowledge of references printed upon page titles having to do with the the uses and scope of the 592. Two very important mat- particular subjects of inspecremedy by injunction be so ters which are excluded from tion, such as "Mines and Minquickly and clearly obtained. this title are matters relating (Continued page 10, col. 5) Also, attention should be given
matters and persons not within the scope of the Bankruptcy Act and as to all matters would, without re-enactment, become operative in case of a repeal of that act.
to the cross references at the
Marriage of Woman Alien as Affecting Citizenship Where an unmarried female alien, under order for deportation as feeble-minded, was permitted to visit relatives in the United 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
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.).
Allegation of Termination of Original Proceeding Not Necessary in Action for False Imprisonment. Plaintiff suing for false imprisonment failed to allege that the proceeding which had resulted in her arrest and incarceration in an asylum for the insane had terminated when she brought her suit for damages. The court held that such allegation was not necessary. See Boesch v. Kick, 119 Atl. 1 (N. J.). The necessity for such allegation in an action for malicious prosecution according to the better reasoning does not obtain in an action for false imprisonment.
and continue an injunction is
cree, dissolution, etc.
head of the title as an index
TO OUR READERS
The publisher of The Law Student, its executive officers, and the editor have put a great deal of time and effort into Innkeepers. The next title the publication at cost of Mr. Clark's Outlines for Review in alphabetical arrangement in of the Fundamental Principles of the Law. The work was Corpus Juris following "In- undertaken, not with an eye to profit, but with an actual purjunctions" is "Innkeepers." pose of service. We know from the reception of the book This is a comparatively short that it has filled a long-felt need, several thousand copies title but it contains much in- having been sold within two weeks from announcement and teresting law, such, for ex- orders from schools and students still continuing to pour in. ample, as the liability of an However, we wish to ask purchasers of the book to innkeeper for loss of, or in-write us as to the ways in which they have made use of it. 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.