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$5,000. At B.'s majority 0. accounts for the $25,000 together with legal interest thereon from the time of the death of A. B. is dissatisfied with this accounting.
Is he entitled to have the account restated, and, if so, how should the account be made up?
Give the reasons for your answer. 28. A. purchased from B., under articles of agreement duly executed but never recorded, a house and lot, in which A. was himself residing for the price or sum of $10,000, and paid to B. $8,000 on account of the purchase money. B. thereafter, while A. was still residing on said property, sold the same to C. for $6,000 and delivered to C. a deed there. for which was duly recorded. C. knew nothing of tbe transaction between A. and B.
What are the respective rights of A. and C. in respect to this property and how can that question be brought into court for judicial determination ?
Give the reasons for your answer.
29. Point out the fundamental marks of distinction between a partnership at common law, a limited partnership under the act of March 21, 1836, a partnership association or joint-stock company, under the act of June 2, 1874, and a corporation organized under the "corporation act of 1874."
30. On October 29th A. drew a check for $10,000 on the First National Bank of X., payable to the order of B.; but, being informed by B. that the check must be certified before it would be accepted, A., on the same day, presented the check to the bank, by which it was duly certified as good. B. then accepted the check in settlement for a transfer to A. of certain property, and deposited it at once in his own bank. On October 30th, before the check had been paid, the First National Bank closed its doors, was placed in the hands of a receiver, and paid only twenty-five cents on the dollar to its depositors.
What are the rights of B. on the check, either against A. or against the bank?
Give the reason for your answer.
31. What are statutes of limitation, what are the reasons for their enactment, and in what respects do they differ from commonlaw presumptions of payment?
Give a brief synopsis of the limitations prescribed by the Pennsylvania statutes.
32. What causes are recognized by the law of Pennsylvania as sufficient grounds for divorce? As counsel for the libelant, how would you proceed to obtain service of a subpoena in divorce upon the respondent, when the libelant and respondent are living in different counties of the state?
33. A. bequeathed to B. $100,000 in trust to invest the same in good and sufficient securities and pay over the income derived
therefrom to D., the married daughter of A., for her sole and separate use, during the full term of her natural life, and, upon her decease, to pay over the principal sum, together with any of the income derived therefrom, at that time in the hands of B., to such persons as D. shall appoint to receive the same by her last will and testament, and, in default of any such will, then to pay over said principal sum and income to the next of kin of D. as ascertained by the intestate laws of the state.
Subsequently to A.'s death the husband of D. died, and five years afterwards, D. married again, D. now wishes to have B. discharged as trustee and obtain full and unrestricted control of the $100,000. Can she do so, and, if so, how?
If not, why not?
Give the reasons for your answer.
34. Briefly explain the leading principles, or rules of law, applicable to the interpretation of the Constitution of the United States, and in what respects, if any, these rules differ from the rules applicable to the interpretation of the Constitution of the state of Pennsylvania.
35. A. owned a tract of land worth $4,000 subject to the lien of a first judgment for $3,000 in favor of B., a second judgment for $500 in favor of C. and a third judgment for $2,000 in favor of D. At a sheriff's sale of this property under the judgment of B., it was agreed between C. and B. that if C. would refrain from bidding at the sale, B. would pay his judgment in full. C. refrained from bidding as agreed to by him, and B. bought in the property for $2,000 and received a deed from the sheriff therefor, but subsequently refused to pay the judgment of 0.
What, if any, remedy has C. against B.? Give the reasons for your answer. 36. Discuss the right of eminent domain, stating: (a) in whom this right is primarily vested; (b) the theory upon which it is based; (c) the purposes for which it may be exercised; (d) the constitutional limitations to which it is subject; and (e) to what extent, and by whom, it may be granted to private corporations or individuals.
37. A burglary was committed in the city of Philadelphia of which B. is suspected to be guilty. B. has made his escape from that city, but is found by the police in the state of New York.
Enumerate in succession the steps which must be taken, and by whom, to secure B.'s return to Philadelphia for trial, and the steps thereafter necessary to secure his conviction, if guilty, giving the reasons for each successive step in the proceedings.
Could B. have been tried for his alleged crime in the state of New York, and, if not, why not?
38. A. & Co. have an account against B., amounting to $1,500, for goods sold and delivered to him from time to time within six years last past. B., likewise, has an account against A. & Co. for services rendered to them by him within the same period, the amount of which is unknown to A. & Co. B. has no objection to the account of A, & Co., but, nevertheless, neglects to pay it, and also fails to render to A. & Co. his own account against them. A. & Co. sue B. for the recovery of the amount due them on their account.
How should B. plead his defense to this suit (a) in case his account against A. & Co. is less than their account against him; (b) in case his account is the greater of the two and (c) in the latter case, what can he do to save himself costs?
Draw the præcipe and statement of claim for A. & Co., using appropriate dates and other particulars where required to make your statement complete.
39. B. subscribes for one thousand shares of the capital stock of the X. corporation and pays in fifty per cent. of the par value thereof, but makes no further payment. The X. corporation subsequently makes an assignment to Y. for the benefit of creditors, but Y. fails to collect from B. by suit or otherwise the balance of B.'s subscription to the stock of X., although the whole of the unpaid subscriptions to this stock is required for the payment of the corporation debts. A. is a creditor of the X. corporation who has not yet reduced his claim to judgment.
Advise A. as to the course which must be pursued by him in order to make the balance of B.'s subscription to the stock of X. available for the payment or partial payment of A.'s claim.
40. In equity pleading how does a plea differ
(a) From an answer?
attorney authorizing him to draw checks in B.'s name on the latter's account in the bank. C., as B.'s attorney, drew a check against B.'s account to the order of D. for $3,000. indorsed it with D.'s name on the back and passed it to E., a broker, who deposited it with his indorsement in the Y. Bank, by whom it was duly indorsed with a guaranty of prior indorsements, presented for payment to the X. Bank and paid by it. D. was entirely unknown to B. and had never had business relations with him. C. drew the check in furtherance of his own gambling operations and indorsed it with D.'s name without D.'s knowledge or consent.
Has B. any 'remedy for his loss on the check against either the X. or the Y. Bank?
Give the reasons for your answer.
43. In taking an appeal from a judgment or decree of a court of common pleas in Pennsylvania how are you to determine whether the appeal lies to the Supreme or to the Superior Court, and within what pe riod of time must such appeal be taken?
44. B., a resident of Pennsylvania, executed in the state of X. his promissory note, payable at Y. in the state of X., for $10,000 with interest thereon at 10% per annum. By the laws of X. 10% is a legal rate of interest. The note not having been paid at maturity, suit is brought thereon against B., in Pennsylvania for the recovery of principal and interest by C., a bona fide holder thereof in due course for value paid.
Can recovery be had against B. in such action for all or any part of this claim?
Give the reasons for your answer.
45. How many degrees of murder are recognized by the laws of Pennsylvania, what are the elements essential to constitute murder of each degree, and what is the distinction between manslaughter and murder?
46. On January 5, 1910, B., a married woman, signed as surety for her husband a promissory note for $1,000, payable two months after date to A. C. died on May 2, 1910, without having paid the note, and on May 20. 1910, B. gave to A. her own individual promissory note for $1,000 dated March 5, 1910, in renewal of the original note upon which she was surety for her husband.
Can A. recover or not against B. on the note given by her on March 5, 1910?
Give the reasons for your answer.
47. A., having a claim against B., brought suit thereon in the state of X. and recovered judgment against B. therein. B. has no prop erty in the state of X. from which the judg. ment can be satisfied, but is possessed of sufficient property, both real and personal, for this purpose in the state of Pennsylvania.
How should A. proceed to obtain satisfac. tion of the judgment recovered by bim in X.
41. A. borrowed money from B. and gave to him as security a bill of sale for certain furniture, which B. permitted to remain in A.'s possession on the condition that it should not be removed by A. from his own premises until the debt was paid. A. removed the furniture and stored it in the warehouse of C. The debt was not paid by A. as agreed to by him. B. presented the bill of sale to C., received the furniture from him, and subsequently sold it for the payment of the debt.
Has A. any claim against C. for thus delivering the furniture to B. and how can that question be brought into court for judicial determination?
Give the reasons for your answer.
42. B., who was a depositor in the X. Bank, gave to C., a clerk in his office, a power of
out of B.'s Pennsylvania property, and what defense, if any, is it possible for B. to set up against this judgment in a Pennsylvania court?
Give the reasons for your answer.
48. Briefly discuss the right of stoppage in transitu, stating specifically what the
right itself is, what relation each of the parties to any case involving its assertion must sustain towards the goods in question before the right can arise, and under what condi. tions and in what manner it can be enforced.
Illustrate your answer by one or more concrete examples.
Notes and Personals
The eleventh annual meeting of the Association of American Law Schools will take place in Boston, Massachusetts, August 28 and 29, 1911. The general theme adopted for discussion at this meeting is the proper educational function of the law department of the American university. The subject of the President's address will be the ultimate function of the teacher of law in the American university. The principal address of the meeting will be delivered by the distinguished Japanese scholar and statesman, Baron Uchida, now Japanese ambassador to the United States, whose subject will be the teaching of jurisprudence in Japan. The growing importance of the social, industrial, and commercial relations between the Japanese Empire and the United States renders this address especially interesting and important. The third principal address of the meeting will be delivered by Dean Harlan F. Stone of the Law School of Columbia University. The persons selected to open the discussions upon these several addresses have pot yet been announced.
In accordance with the resolution adopted at the last meeting of the Association, the first session of the Association will be held at eight o'clock on the evening of Monday, August 28th, preceding the opening of the meeting of the American Bar Association on August 29th. The second session will be held at three o'clock on the afternoon of Tuesday, the 29th. This arrangement, first tried at the Chattanooga meeting, seemed to meet with the approval of all the delegates, since it enables them to attend the sessions of the Bar Association and also to take part in such of the numerous social functions, always attendant upon a meeting of the Bar Association, as may appeal to them. It also leaves the two other afternoons of the Bar Association meeting open for the Section of Legal Education.
Applications for admission from six law schools are before the Executive Committee, but it is thought that no action will be taken upon these applications until the meeting of that committee at Boston on August 28th.
The students comprising the Law Association of the University of California held their annual banquet at Tecbau Tavern in San Francisco on the evening of March 22d. Professor William Carey Jones, head of the law department, presided as toastmaster. Addresses were made by Everett J. Brown, former District Attorney and now Superior Judge in Alameda county; Farnbam P. Griffiths, late Rhodes Scholar at Oxford and now lecturer on the Conflict of Laws; Frederick F. Thomas, student in the senior class of the Law School and president of the Law Association; Max Thelen, lecturer on International Law, recently appointed attorney of the remodeled California Railroad Commission, and very active in progressive polities; and Charles Stetson Wheeler, one of the leading lawyers of California, as well as one of the chief exponents of the movement for civic uplift in San Francisco, and especially interested in the development of the University of California Law School.
The Law School has recently moved into its new building, a handsome granite structure built on the Berkeley campus in accordance with the Phæbe A. Hearst architectural plan. It is known as Boalt Hall of Law and was erected by the generosity of Mrs. Elizabeth Boalt, supplemented by subscriptions from California lawyers, in memory of her husband, the late John H. Boalt, who was for many years a distinguished member of the California bar. The banquet was in part a celebration of the entry of the Law School into its new quarters. The speeches were all more or less directed to the same end, the aims and functions of a law school, the development at Berkeley of a law school which would not only prepare students for active practice, but tend to exalt the profession. to improve the law, and render the lawyers which it trained sensible of their duties to the state.
The following speech was made by William Carey Jones, Dean of the Law School:
"When a man reaches my age, he has behind him a vista of years in which he can attempt to take stock of present tendencies, as well as before him a future on which be can keep his
steady and hopeful gaze. The nineteenth century has been a splendid, expanding one; and a person can have no regrets that his life was begun and his first activities were carried out in the second half of a century so charged with material advancement, so vital with human effort and striving, so beautiful in blossoming ideals, so rich in the general gain of good. There is only one respect in which I am ever prone to envy the high-minded young man of to-day, whose adolescent outlook first came in the twentieth century, and for whom the future holds in the way of public service, a promise of productive, constructive rewards in a measure unknown to the generation past. It is in respect to politics, public life, public service, and public morals that the marvelous change has been wrought, and that the opportunity of the young man of to-day is so far different from the opportunity of the young man of 30 years ago.
"In 1776 we emancipated ourselves from what we regarded the tyranny of England. We vindicated the right of self-direction, the right to live our own political and social life. In 1861– 65 we emancipated ourselves from a mental and spiritual thralldom which had tolerated the de. lusion that one human being was entitled to hold another human being in physical subjection. The greatest blessing of the Emancipation Proclamation was to the white people. It raised, indeed, the yoke of servitude from the necks of the blacks; but for the whites it erased from the mind of man the most debasing and distorted view of human relations that had survived from precivilized times. Now, at the dawn of the twentieth century, another and the greatest emancipation in our history has come. The War of Independence left us with the heritage of slavery still fastened upon our country. Political corruption, that had been slowly and steadily eating its way into the body politic even before the Civil War, found in the fruits of that war its most nourishing diet. Colossal interests bred gigantic graft.
“I said that perhaps the only respect in which I envied the young man his youth and his future was in the possibility of achieving something in the political and moral fields. Looking back upon my own life and experience and that of all my aspiring and pure-minded contemporaries, it often seemed a ceaseless and fruitless task at which we were laboring. Every effort at reform was met with a sheer or a jeer. We were political heretics, to be given short shrift for our rejection of the creed made for us at Washington, at Tammany Ilall, at Harrisburg, or at Sacramento. Or we were only negligible dreamers, mere academic theorists, idly trying to disturb a divinely established order of things. It took faith, it took the brightest optimism, to persevere in the three-decades fight, from 1870 to 1900, against the intrenched forces which were not yet known by the ugly names of 'interests' and 'graft.'
“When we come to the moment of real emancipation, there always appears on the horizon an arch emancipator. But every emancipator has his predecessors. Even Jesus had his John the Baptist, and there were many others who joined in making ready the human soil for the Supreme Tiller thereof. Columbus had his predecessors in that mental illumination that saw that the geographical possibilities of the world were not exhausted. Hugo Grotius, fashioner of international relations into recognized principles of human conduct, had his predecessors without whom his great work would have been but a philosophical treatise. George Washington, emancipator of the idea of national existence, had his predecessors in the men who had been laying the foundations of national life since the landing of the Mayflower. Abraham Lincoln, emancipator of the spirit of national freedom, had his predecessors in the abolitionists, who had not feared to sacrifice even their
lives for the assertion of a principle. And Theodore Roosevelt, emancipator of the national conscience, had his predecessor in every man who since the Civil War has stood up against the selfishness, greed, and rapacity of parties, interests, and grafters.
"Well, the emancipation has come. realize that you live in a land of free conscience ? Do you realize that the young man of to-day can set out with every promise of improving the condition of the world, of vindicating right, of correcting wrong, as perhaps in no other era of history, certainly not of our American history? The conservatives, of course, are not dead; the reactionaries will never cease from troubling. They represent ineradicable tendencies of the human mind. They will furnish the obstructing forces which you will have to overcome. But not even they, in your generation, are going to treat your aims and ideals and methods with contempt and disdain. There is a difference between the generation that is past and the one that has begun. And in that difference lies the glorious opportunity of the young man. It is no longer the opportunity of the pioneer or martyr. It is not now the opportunity which many, in the cloudless days of college life, resolved to embrace, but which they had not the heart and strength to follow when the dark days of discouragement and temptation overtook them. But the opportunity now is one of achieving, of accomplishment. It is the opportunity of entering a campaign of righteousness, as leader, if such is your capacity, as comrade, at any rate, with other noble souls, and with the foreknowledge that you will be able to push your own country, and maybe all the world, up a peg or two in the progress of civilization.
"And what of the lawyer in this movement? I am personally doing all I honestly can to make of you capable breadwinners. No man in the faculty ever loses sight of that object. Our law school is organized with that vocational purpose. But if there were not a higher thought behind the institution, for whose realization I have been seeking for 25 years, and whose material embodiment has just now grandly risen on the Berkeley campus in the form of the Boalt Hall of Law, I should feel that my efforts had been misdirected, that some trade form of law school would have served as well, nay better.
"One characteristic of our age is that all the interests of the time are interdependent, are co-operative, are integrated in one general purpose. The unrest and agitation which is conspicuous in politics, in morals, in religion, is at work in the field of law, It is for you to turn that disquiet. that criticism, that dissatisfaction, that tendency to overthrow and destroy, into right ways-to give a constructive character to such tendencies. Be prepared ; don't delay; don't sit idly on the bank of the river of opportunity, and let the stream flow irrevocably by. Think deeply and earnestly, with all your faculties alive and all your knowl. edge at hand, and reform, remodel, readapt to the exigencies of to-day, to the expectations of to-morrow, the law that has grown out of tune with the spirit of the times, and the administra. tion of the law which has been used by the panderers of the profession to subserve the interests of a trade.
"Fellows in the splendid fellowship of the law, you are the servants of highest rank in the state, the ministers of noblest service, the ministration of justice. If such is, perchance. your conception of your calling, now is your opportunity to make this holiest of secular vocations the greatest factor in the amelioration of human conditions. If your conception is less than that, I hope that the coming generation will have no punishment too severe for those who would prostitute the high priestess of jus. tice to the lusts of the flesh."
In closing a powerful and eloquent address, Mr. Charles S. Wheeler announced the gift of funds, which were definitely secured, to the amount of $250,000 for the endowment of a new professorship in law.
The spare moments at his command he put to the study of law, and in 1878 he took an examination in law at Faribault, and was admitted to the bar of Minnesota. He determined to practice at Northfield. He was elected from Rice county to the state Legis. lature of Minnesota in 1884. While there he was known as one of the ablest men in the lower house.
Since 1888 to the date of his death, Dean Pattee devoted all of his time to the cause of legal education, training and fitting young men for admission to the bar. His loss to the University of Minnesota, and to the state of Minnesota at large, will be keenly felt.
William Sullivan Pattee, Dean of the University of Minnesota Law School, died at his home in Minneapolis on April 4, 1911. Twenty-three years ago Mr. Pattee organized and established the University of Minnesota Law School. In the spring of 1888 the Legis. lature of Minnesota appropriated money for the establishment of a State University Law School, and the regents of the University, looking about for a man fit to build up the school, selected William S. Pattee, who was then a young attorney practicing in Northfield, Minn. The new law school began its career in the fall of 1888, with an attendance of twenty-seven students. To-day over 400 students are registered in the school, while nearly 1,000 young lawyers have been graduated from the institution since its organization. The University of Minnesota Law School ranks high among the largest and best law schools in the country. The standards for admission are far beyond those of the average law school, two years of college work being required for entrance. The school Law Library now numbers about, 1,800 volumes. Much of the success of the University of Minnesota Law School is due to the efforts of Dean Pattee. He made the welfare of the school his life work, and perhaps there is no other large law school in the country whose course and growth have been guided and directed for a period of nearly a quarter of a century by one man to the extent of the University of Minnesota Law School.
William Sullivan Pattee was born in Jackson, Me., September 19, 1846. He was given a common school education by his parents. Not satisfied with this, he determined to go to college. By teaching school and working hard during his vacations he worked his way through Bowdoin College, Brunswick, Me., graduating in 1871. To his teachers he was known as an exceptional student. A few months after graduation he married Miss Julia Tuttle of Plymouth, Me. It was at this time that Horace Greeley was advising the young men of the East to "go West." Dean Pattee made up his mind that the best place for the young man was in the West, and in the winter of 1871 he went to Minnesota, arriving in Minneapolis. From there he went to Northfield, where he was later to practice law. Recommended as an able student at Bowdoin, he secured position as instructor in Greek at Lake Forest University, Ni., in the fall of 1872. He held this position until 1874, when he returned to Northfield as a teacher in the high school.
He taught at Northfield for four years.
By the recent death of Judge Robert McKee Bashford, at the age of 58, the Wisconsin bar loses one of its most prominent and active members. He was a graduate of the College of Letters and Science of the University of Wisconsin and also of the Law School. He was engaged in the practice of law in Madison for the past thirty-five years, during which period he was identified with some of the most important private and public litigations in the state. He always took an active interest in politics. He was at one time mayor of the city of Madison, city attorney, and member of the state senate. In January, 1908, upon the death of Chief Justice Cassoday, Mr. Bashford was appointed to the Supreme Bench by the Governor, but was defeated for election in April. He continued on the bench until his successor qualified in August of the same year. After leaving the bench, he resumed the practice of law. Mr. Bashford was known to a large number of graduates of the University of Wisconsin, from the fact that he was a member of the faculty from 1893 until his appointment to the Supreme Bench in 1908, when he resigned on account of his new appointment. During the latter years of his teaching, he devoted himself largely to remedial law, and was highly regarded by the students as a teacher.
Charles Noble Gregory, Dean of the State University of Iowa Law School has severed his connection with that institution. In tendering his resignation, Mr. Gregory sent the following letter to the State Board of Education of Iowa:
“Gentlemen: In the year 1901 I resigned the associate deanship of the College of Law of the State University of Wisconsin to accept the unsolicited offer of the deanship of the College of Law of the State University of Iowa. Should I serve till the end of the present academic year, my term of service will thus be exactly ten years.
"I have felt the deepest interest and found great pleasure in my work here; but I desire to hereby respectfully tender to your honorable board my resignation, to take effect at your con