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ruled, and judgment was rendered in defendant's favor. Plaintiff appeals.

(1) What should be the decision?

(2) Did plaintiff forfeit the right, if at any time he had such right, to collect the full amount of his salary as fixed by the board of supervisors by entering into a contract with the sheriff to serve as deputy for the sum of $200 per year?

16. Complaint states, in substance, that R. T., the deceased husband of the plaintiff, Susie, was the owner of a certain policy of life insurance for the sum of $5,000; that said policy by its terms at said time was payable, upon his death, to his mother, Barbara the defendant; that said R. T. had, during his life, the right to change the beneficiary therein; that R. T. being taken dangerously ill, and knowing he could not live long, and having a legal right to change the beneficiary, requested his mother, Barbara, who then had the custody of said policy of insurance, to bring the same to him that he might change the beneficiary named, so that onehalf of the sum should be paid to his wife, Susie, and the other half to his mother, Barbara; that said Barbara, knowing of the very serious physical condition of her son, R. T., and of his desire and right to so transfer said policy, agreed with the said R. T. that in consideration of his forbearing to make said change, and taking the time, trouble and labor necessary in his then physical condition, and in consideration of the trust imposed in her by the said R. T., promised that she would, upon receiving said insurance money, pay to the plaintiff, Susie, one-half of the same.

The complaint states further, in substance, that thereafter (giving date) said R. T. died, and after the death of the said R. T. said Barbara collected and received the full amount due on said insurance policy, and has refused and still refuses to pay any part of the same to the plaintiff, Susie. Demurrer to complaint; demurrer sustained, and plaintiff appeals.

What should be the decision?

17. Action to recover balance due upon contract, to exchange work. The case was first tried in the county court and on appeal in the district (same as Wisconsin circuit) court. In the argument to the jury, plaintiff's counsel stated, in substance, that the case was tried in the lower court and judgment rendered there in plaintiff's favor, and that the defendant was responsible for the case being in the district court. Defendant's counsel excepted to the above remark, when the court stated, in substance, "that the record shows that this case was tried in the lower court and a judgment was rendered in the lower court in plaintiff's favor and against the defendant, and that defendant had appealed." Defendant's counsel then ex

cepted to the statement of the court when the court replied:

"That there was not a man on the jury that did not know what the judgment of the lower court was, and there is no use in your trying to keep it from them."

The court, however, instructed the jury not to consider the objectionable remarks of plaintiff's counsel.

(1) Is there anything objectionable in the remarks of plaintiff's counsel as stated above, or erroneous and prejudicial in the remarks of the court that would affect the judgment?

(2) If there is anything objectionable in either the remarks of plaintiff's counsel, or of the court, was it cured by the instruction given as above stated, by the court to the jury?

18. Owen died, owning four parcels of land, and leaving his widow as his sole heir at law. His widow and his mother both supposed that he left a will dividing the property between them, but being unable to find it, the widow finally administered the estate as though it were intestate, and obtained a final order of the county court, upon due notice, assigning all of the real estate to her. Both widow and mother, being still uncertain whether a will might not yet be found, met and agreed that all claims of the mother as to the property (whether any will afterwards was found or not) should be adjusted and settled by the execution of a deed by the widow to the mother of two of the parcels of land, and the execution of a release by the mother of all claims against the estate and the widow. This settlement was fully carried out, and the will was afterwards found and probated.

The question is whether the settlement so made is effective.

19. Action to recover value of services rendered by plaintiff to defendant in part performance of a contract of employment.

Plaintiff entered defendant's employment as a laborer under a written contract for a year at so much a month. At the end of about six months, because of defendant's misconduct, or wrong-doing, plaintiff left defendant's premises and refused to work for him any more. The charge made by plaintiff against defendant as a ground for leaving him was very serious. On the trial defendant was allowed over plaintiff's objection, to introduce evidence to show that his general character was good in the respect in which plaintiff had attacked it, in justifying his action in leaving defendant.

The court in one of its instructions withdrew the evidence in regard to defendant's character from the consideration of the jury, stating, in substance, that for the purpose of the case, defendant's reputation along the line on which plaintiff attacked it, might by

the jury be considered good. Verdict for plaintiff. Defendant appealed.

Was there any error in the court's instruction withdrawing from the jury the testimony tending to support defendant's good character?

20. Action to recover for services as attorney. Counterclaim for money loaned. The trial resulted in verdict and judgment for defendant.

The action was brought to recover for services rendered at different times during a period extending through several years. By defendant there was a denial of indebtedness, an allegation of payment and the counterlaim above referred to for money loaned. The aggregate of the loans made to the plain

tiff, and the payments made for his services, as alleged by defendant, exceeded the amount claimed by plaintiff. As the litigation in question, and the business between plaintiff and defendant, extended through a series of years, defendant kept a book in which he made original entries in the usual course of business, and this book showed the payments and loans made to the plaintiff at different times and in different amounts. Defendant, using this book to refresh his recollections, testified to the payments and loans therein entered, and the book was received in evidence.

This ruling of the court furnished the ground for plaintiff's appeal.

Did the court err in receiving in evidence defendant's account book?

CONTRACTS.

Following are the questions asked by the State Board of Bar Examiners of Ohio on the subjects of Contracts, Torts, Pleading and Legal Ethics. In this examination which was held June 1, 1909, one hundred questions were asked. mill, the speed of his engine, and the kind of work to be done, and agrees to furnish the saw for $90. Clark signs a written order for the saw, and the same is shipped and paid for. Clark gives saw a fair trial and it fails to do his work. Clark notifies Jones, and Jones sends another saw. It also fails to work. Clark returns the saw.

24. Define: (a) Stoppage in Transitu; (b) Option; (c) Unilateral Contract; (d) Estoppel.

25. Chauncey, of New York, sells Cole, of Columbus, 25 cases of shoes, to be paid on delivery, and ships same by rail June 3d. The goods arrive in Columbus June 5th, and are placed in the store of Cole. At time of purchase Cole was insolvent, and knew it at the time of purchase; but Chauncey knew nothing. June 6th Cole makes an assignment for benefit of his creditors to Hale. Hale takes possession of entire stock of goods, including the 25 cases of shoes. What remedy, if any, has Chauncey?

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What, if any, legal remedy has Clark, and why?

29. A., an attorney, entered into a written agreement with E. to recover of an insurance company an amount claimed to be due her as widow of the insured in said company, whereby A. was to receive as his fee for services 50 per cent. of the amount collected. No compromise was to be made by E. without consent of A. Notice of said agreement was entered on the docket of the clerk of courts where suit was pending, and defendant was notified of such agreement. E., without consulting her attorney, compromised with the insurance company and received the money. E. is insolvent. A. sued the company to recover his portion of the settlement. Defendant answered, setting up copy of agreement, and alleging that same is contrary to public policy. A. replied, admitting the contract, but denied the other allegations alleged. Defendant moved for judgment on the pleadings.

What should be the judgment of the court?

TORTS.

13. A. was required by subpoena to attend court in one of the counties of Ohio, and while passing through the hallway of the courthouse, without fault on his part, fell through an opening into the cellar which the board of county commissioners had permitted to remain open, uncovered and unprotected.

Has A. a right of action against the county for injuries sustained from the fall? Why? 14. What is a Tort? Define negligence.

15. A., without permission of B., the owner of a tract of land, entered upon B.'s land. cut growing timber, and sawed same into lumber and sold it to C., who had no knowledge that the timber was taken from B.'s land. Has B. a right of action against C.? Give reasons.

16. If two persons voluntarily engage in a fight, can one of them, who is injured in the encounter, have an action against the other for the battery? Why?

17. Define slander and libel, and state what kind of words are actionable per se.

18. B., a pedestrian on a street, at a point between street crossings where there was a double-track street railroad running north and south, passed immediately behind a south-bound car without looking or listening for a car that might approach from the opposite direction, and was struck by a northbound car running at a high rate of speed, and was injured. Has B. an action against the street railroad company for damages? Why?

PLEADING.

57. Under the Ohio Code, how many forms of action are there, and how known?

58. What pleadings are allowed by the Ohio Code?

59. A petition was filed in the court of common pleas to recover $90, and one year's

interest at eight per cent., on a promissory note. As attorney for the defendant what would you file, and what should be the ruling of the court?

60. A petition contains in a single statement facts showing that plaintiff has been damaged by defendant's breach of a contract between them, and that he has been slandered by the defendant.

What pleadings should be filed by the defendant, and what should be the judgment of the court?

61. In an action on a promissory note, the answer was a general denial. On the trial the defendant offered to prove payment. What should be the ruling of the court? Why?

62. What are issues? How many kinds are there, and how are they tried?

LEGAL ETHICS.

30. Name three things that go to make up the real lawyer, other than a thorough knowledge of the law itself.

31. (a) What would you say is the real object of a cross-examination?

(b) Distinguish between coaching and advising your witness.

32. (a) What do you regard as the duty of an advocate in respect to the other side of the case?

(b) Is an attorney warranted in taking advantage of the slips of opposing counsel to defeat what the attorney believes to be an honest claim? Why?

The Hornbooks

Are Incomparable Aids in Reviewing
for Law School or Bar Examinations

They are equally valuable after you have
entered practice, in looking up the general
propositions of law involved in your case

BARROWS ON NEGLIGENCE. 1899. 1 vol.

BLACK ON CONSTRUCTION AND INTERPRETATION OF LAWS. 1896. 1 vol.
BLACK'S CONSTITUTIONAL LAW. 3d Edition. 1910. 1 vol.
CHILDS ON SURETYSHIP & GUARANTY. 1907. 1 vol.
CLARK ON CONTRACTS. Second Edition. 1904. 1 vol.
CLARK ON CORPORATIONS. Second Edition. 1907. 1 vol.
CLARK'S CRIMINAL LAW. Second Edition. 1902. 1 vol.
CLARK'S CRIMINAL PROCEDURE. 1895. 1 vol.
COSTIGAN ON AMERICAN MINING LAW.

1908. 1 vol.

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