scendants, but with brothers and sisters living.

Under the law of Ohio, what interest has the widow in these two farms?

47. A father dies leaving real estate, and having two children and a widow. His debts are paid out of his personalty, and his estate is settled up.

(a) What interest has the widow in this real estate?

(b) How do we designate in law the two children who own the property in their relation to each other?

(c) If either one desires to hold his interest in severalty, what course would he take to have it set off to him?

48. (a) What is an estate in fee simple?

(b) What is an estate in remainder? (c) What is a contingent remainder? 49. (a) What is the chief difference in the legal effect of a warranty deed and a quitclaim deed?

(b) With what formalities must a deed be executed in order to pass title under the laws of Ohio?

50. (a) What is an easement?
(b) What is a lease?

(c) If a tenant rented property, and the latter were destroyed by fire, was the tenant still obliged to pay rent for the ⚫ premises according to the common-law rule?

(d) What is the rule in Ohio?

Pleadings

51. What pleadings are allowable under the Code in Ohio? What is the general object of a demurrer? Of a motion?

52. An action was brought upon a contract. The defendant pleaded two defenses: First, that he never entered into the contract; second, that there never was any consideration for his promise. made in the contract. Motion was filed

to require the defendant to elect upon which defense he intended to rely.

Should the motion be granted?

53. Into what two classes are causes of action divided, and how are they tried?

54. Plaintiff files a petition against a defendant, properly setting forth the following causes of action:

(1) On a promissory note.

(2) On an account for goods sold to defendant.

(3) For damages, being the costs sustained by a protest of the note above named.

(4) To recover possession of certain personal property withheld by defendant from plaintiff.

What action would you take as attorney for defendant? Why?

55. Defendant pleads in an action, but later wishes to take advantage of the fact that he was not served with process. May he do so?

56. A party who should join as plaintiff refuses to do so. What may the other plaintiffs do to bring him into court?

Domestic Relations

63. (a) Name four statutory grounds of divorce.

(b) Does the law forbid a husband to make any contracts with his wife which he might lawfully make with another woman? If so, what contracts?

64. How may a child born out of lawful wedlock be legitimated?

65. An infant makes two purchases: (1) A stock of drugs, which he squanders during minority; (2) an automobile, which he still has on arriving at age. Can he disaffirm these contracts and recover back the considerations, and, if so, on what terms?

66. What is a common-law marriage? Is such marriage valid in Ohio?

67. If one of the parties to a valid

"$500.00. Four months after date I promise to pay to the order of Richard Roe Five Hundred Dollars ($500.00) with interest at six per cent.

"[Signed] John Doe."

(a) On the back of this note, and before its delivery to Roe, John Denn wrote his name. On the note's maturity and dishonor by Doe, what is Denn's liability?

(b) Suppose the note had been payable to the order of the maker, and then Denn had written his name as before, and then Doe had indorsed the note, to whom would Denn be liable?

riage be annulled?

Equity

68. Define equity. How would you determine whether a case filed in a court in this state is at law or in equity?

69. A., who is solvent, enters B.'s farm and drives off a horse belonging to B., who applies for a mandatory injunction compelling A. to return his property. What rule governing the granting of equitable relief will prevent such injunction. being granted?

70. (a) A. and B. are sureties on a note, which A. is compelled to pay. What right has he against B?

(b) If A. and B. jointly assault C., who recovers a judgment against them, which A. pays, what are A.'s rights against B.?

71. Give an example of a resulting trust. Of a constructive trust.

72. A party desires to rescind his contract on the ground of false representa

73. Define equity of redemption. After condition broken and before sale on foreclosure, who is the equitable owner of mortgaged property, the mortgagor or mortgagee?

Torts

74. Distinguish between a tort and

a contract.

75. What is meant by proximate cause? Illustrate by example.

76. A grocer leaves his delivery team, as was his custom, untied in front of his place of business. B., in passing with his automobile, frightened the team and caused it to run away, and in so doing it ran into the carriage of C. and injured his minor son. Against whom, if any one, can C. recover for the injury?

77. Smith enters into possession of a tract of land under a verbal agreement of purchase. The timber on the premises is injured by the negligence of a railroad company. Smith brings suit against the company. He proves the verbal agreement, the possession of the premises, and the injury to the timber. Defendant moves for nonsuit. What should be the judgment of the court, and why?

78. X., of Zanesville, purchased a round-trip ticket over the B. & O. Railway to St. Louis at two-thirds of the regular fare. The ticket has a condition attached requiring it to be validated and stamped at a specific office in St. Louis before it would be accepted for return passage. X. can neither read nor write. He boards the train at St. Louis for his return. The conductor refuses to accept the ticket because the same has not been validated.

79. When, if ever, is a parent liable for the tortious acts of his minor child?

Criminal Law

80. A. B. is indicted as an aider and abettor of C. D., charged with having committed a felony. C. D. is not apprehended, and A. B. is brought to trial. Can he be convicted without first convicting C. D.? If no, why? If yes, what proof must be required?

81. X. and Y., charged with breaking into a bank and rifling a safe, are both in custody of the sheriff. The sheriff procures a confession of X. by falsely stating to him that Y. had made a complete statement to him of the whole matter. The state on the trial offered the confession of X. against him. Defendant objects. What should be the holding of the court?

82. John Doe was indicted for burglary. On the trial the state proved the breaking, the entering of the building in the night season, and rested its case. The defendant moved for a nonsuit, and the court overruled the same. Was the judgment right, and why?

83. A. was arrested, tried, and convicted for a felonious assault on X., and sentenced to pay a fine of $100 and imprisoned in the county jail for six months. While serving his sentence, X. dies as a result of the injuries committed by A. A. was indicted for manslaughter. He files his plea of autre fois convict. Upon a hearing, the court sustains his plea and quashes the indictment. Is the judgment right? Why?

84. A. is put upon his trial for manslaughter. Trial had, and he is found guilty by the jury of assault and battery. On motion for new trial, the verdict of the jury was set aside and a new trial granted. On the second trial he was convicted of manslaughter. All proceedings regular, will the verdict stand? Why?

Contracts

85. Give all the essential elements of a contract for the sale of real estate, which can be specifically enforced.

86. Does a contract for the sale of real estate differ in any way from a contract for the sale of personal property? If so, how?

Is there any difference in the measure of damage for the breach of such contracts? If so, state what, and how the measure of damage is ascertained in each.

87. A. enters into a contract with B. for the sale of a piece of real estate, at $2,000.00. A.'s wife, who did not join in the contract, refused to sign the deed. A. insists on B. taking his deed. for the land. What are B.'s rights? And what, if any, remedy has B. under the contract? How would you write. such a contract so as to protect the purchaser, if the wife's signature could not be had to the contract?

88. How does a renunciation of a contract, by one of the parties to it, before the time fixed for performance, affect the rights of the other party? What is the remedy?

89. Is there any difference in the rights of the buyer in executory contracts of sale, and executed contracts of sale? If so, what? State the rule. 90. Give five causes, any one of which may defeat a contract, even

though the parties, at the time of entering into the contract, consented to it.

Corporations

91. Can one corporation become a subscriber for stock in another corporation in Ohio? Why?

92. A stockholder dies intestate. Who has a right to vote his stock at a meeting of the stockholders? Give reason for your answer.

93. A corporation duly incorporated under the laws of the state of Ohio, with an authorized capital stock of $5,000, borrows from one of its stockholders $6,000, which funds are used in the furtherance of the purposes of the corporation, and executes and delivers unto said stockholder by proper resolution and in due form its promissory note in the amount of $6,000, bearing interest at the rate of 6 per cent. from date of note.

On maturity of note the corporation refuses to pay. The stockholder For what brings suit on said note. can he obtain judgment against the corporation, if any? Why?

amount

94. A subscriber of stock of a corporation is sued in an action brought by the corporation to recover an unpaid balance due upon his share of stock. The stockholder answers, and sets up as a defense that the corporation was formed for purposes which were not authorized by law under which it was organized. A demurrer to the answer is filed.

What should be the ruling of the court? Why?

95. A promoter of a corporation exchanges his own property at an inflated price or at a gross overvaluation of the property for stock of the corpo

ration. Subsequently the corporation becomes insolvent.

Your client is a creditor of the corporation and wants his money. What proceeding do you advise?

What has good faith, if anything, to do with the transfer of the property for the stock?

Partnership

96. (a) A. and B., desiring to reduce competition in bidding, buy a flock of sheep jointly at a public sale, with the intention of dividing the sheep between them. Are they partners? Why?

(b) A. the owner of a stock of groceries, enters into an agreement with B. whereby A. is to furnish all the capital for the purpose of conducting a retail store, and B. is to perform all the labor in making the sales and receive

for his services $100 per month and one-third of the net profits. Are they partners? Why?

97. Can a partnership be formed otherwise than by express agreement? If so, how?

98. A. and B. are partners in the dry goods business. A., without the knowledge or consent of B., signs the firm name as surety on the note of C., given for the purchase of a horse. Is the firm liable on said note? Why?

99. May one partner sue another at law? If so, when?

100. A. and B. are partners in the drug business, and are owners of a large stock of goods. A. dies, and C. is appointed his administrator. Who has control of the stock of goods after A.'s death?

HANDBOOK OF INTERNATIONAL LAW. By George Grafton Wilson. West Publishing Company, St. Paul, Minn., 1910.

This is one of the best of the Hornbook Series, which already contains several excellent treatises. Of the competency of the learned author, there could be no doubt. That the work produced by him is in every way worthy of the position that he holds as lecturer and professor in several important institutions, is evident from a careful examination of it. Its style is pellucid. Though terse, it is never obscure. Treating its topic historically, it exhibits in satisfactory manner, the important modifications of international law, caused by recent conventions of the important nations. Appendices contain the Declaration of Paris; the Instructions for the Government of the Armies of the United States in the Field; the Geneva Convention for Amelioration of the Condition of the Wounded in Armies in the Field; the Hague Conventions; and the Declaration of London of 1909. We know no

other book which so succinctly, clearly, and accurately states the principles of the existing international law. It is pleasant to see (page 43) still another concession that "The British proclamation of neutrality of May 14, 1861, was justified by President Lincoln's proclamation of a blockade on April 19, 1861, which announced that action against vessels permissible only in time of war would be taken by the United States."

-Dickinson Law Review.

CASES ON WIlls, Descent AND ADMINISTRATION. By George P. Costigan, Jr., Professor of Law in Northwestern University. American Casebook Series. West Publishing Company, 1910. P. 781.

This is the latest volume of the American Casebook Series. It is believed to be the most thorough collection yet published on this subject. Much matter that finds no