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1. If both of those who have perish- in a shipwreck, the former corpulent, ed were under the age of fifteen years short of breath, and fifty-two years of the older is presumed to have survived. age, the latter twenty-three years old
2. If both were above the age of and a good swimmer, the court declinsixty, the younger is presumed to have ed to make any civil-law presumption survived.
whatever. 12 3. If one be under fifteen and the Let it be borne in mind that no preother above sixty, the former is pre- sumptions can be invoked unless there sumed to have survived.
is an entire barrenness of fact. Against 4. If both be over fifteen and under ascertained and established facts there sixty, and the sexes be different the
can be no presumption. But with this male is presumed to have survived; caution I cannot repress the thought if the sexes be the same, then the older. that these rules furnish a sane and a
5. If one be under fifteen or over satisfactory method of solving the sixty and the other between those ages, problem that arises when related victhe latter is presumed to have sur- tims perish unwitnessed in a common vived.10
calamity. Suppose, in the Stanwix An instance in California of the ap- case, Lord Mansfield, when he found plication of these rules: William Pea
that the common law was barren of a cock held a benefit certificate for $2,- conclusion, had been willing to recruit 000 in a lodge. His wife he appointed the common law from the Code of Jushis beneficiary. If she predeceased tinian, he would have been tendered a him and he appointed no substitute ready and a just decision—a ready debeneficiary, his children were to share cision : the daughter survived her the fund equally. He had two children, father, her
father, her uncle therefore her Ida and Ada, the former of whom heir and next of kin was entitled; a was the daughter of an earlier mar- just decision: Holmes was as nearly riage. In the calamitous earthquake related to the daughter as the nephew, which desolated California in April, Connor, was to her father, and was 1906, Peacock and his wife, both under
nearer to her by one degree than was sixty years of age, perished together the nephew, Connor; hence, had the in their bed, with no “particular cir- father been testate, and had he made cumstances” from which priority of his daughter his heir—which reasondeath could "be inferred.” The young- ably he would have done—then, in the er daughter, Ada, claimed the whole
event of her intestacy, her uncle would fund; but the court compelled an have inherited from her to the total equal division, applying the fourth pre- exclusion of Connor. And is it unjust sumption, namely, that the husband
to found a presumption upon the cussurvived. 11
tomary course of nature, upon the usuUnder common-law jurisdictions the al trend of events? If the parent's courts decline to entertain presump- shock of corn is, ordinarily, ripe and tions even of the most palpable kind. garnered, ere the child's has come to Thus, when a mother and son perished maturity, then, under the careful re
strictions of the Roman Code, is it do10 California Code of Civil Procedure, $ 1963, subd. 40.
11 Grand Lodge v. Miller, 8 Cal. App. 25, 96 12 Faul v. Hulick, 18 App. D. C. 9: Young Pac, 22. To the same effect see Succession of Women's Christian Home v. French, 187 C. S Langles, 105 La, 39, 29 South. 739.
401, 23 Sup. Ct. 184.
ing violence to the general fact to pre
had all died together. Thereupon any sume that a son outlives his sire? The one claiming that a certain one survivtimorous nature, the shrinking disposi- ed the other has the burden of proof. tion, the maternal dangers, of a woman Being unable to bear the burden, he being considered, is it against the face fails in his claim for want of evidence. of nature to presume that in an awful, The immediate successors
in estate, overhanging peril a husband survives having perished with the holder, are his wife? Ought presumptions which thus removed from consideration, and are rational and scientific to be banish- the estate passes as of course to the ed from a system which boasts that it person or class standing next of kin to culls the choicest flowers of every ju- the holder, who have no other fact to risprudence for its garden?
prove than this kinship. The vices of 3. The third method of solving the this procedure are: It regards “as if” problem now in question does not true something that is false—namely, solve it, but dodges it. This is the that all the victims perished at the method which finally became accepted same instant; it throws upon a claimas the common law of England, and ant a burden of proof which it is not which with great unanimity has been fair, and which it is impossible, for established in the states uninfluenced him to carry; and it deprives our juby the civil law. According to this risprudence of a system of rules which method the related victims of a com- are based upon common sense and enmon calamity are regarded “as if” they lightened experience.
Examination in Legal Bibliography
Questions Prepared by ROGER W. COOLEY
Other Prominent Law Schools
1. You are the attorney in a
4. The following abbreviations are which turns upon the provisions of the used to designate the reports of certain Sherman anti-trust act. To what book states. Can you give the names in full or set of books would you go to ascer- and tell what reports they designate? tain the exact wording of the act, and Wend. Pet. Pick. B. Mon.
B. Mon. C. E. to ascertain whether there have been any Green. Grat. Watts & S. amendments thereof?
5. Can you name the component parts 2. For a great many years the earlier of the American Digest System and tell volumes of the United States Supreme what dates are covered by each? Court Reports have been cited by the
6. A certain series of nonofficial rename of the reporter. Can you name
ports is annotated on what is known as them?
the “Key-Number System.” Do you 3. Can you name the nonofficial pub- know what the “key-number" is, where lications of the reports of the decisions it is found, and what is its purpose and of the United States Supreme Court? use?
7. Name the Reporters included in the 16. Smith owns an automobile. While National Reporter System, and name his chauffeur was using the machine for some of the states included in each Re- his own pleasure, he carelessly ran into porter.
and injured a third person. Is Smith 8. You have been cited to the case of
liable? Where would you go, and how O'Brien v. Look, 171 Mass, 36, and, not
would you proceed to find authorities on having the state report available, you
this question? desire to find the case in the Reporter 17. It has been held in Arkansas that System. In which Reporter will you as officers of the law have the right to find the case, and how will you locate it? take pictures of persons confined in jail 9. The case cited is Richmond Loco
on criminal charges, for the purposes of motive & Machine Works v. Ford, 94 identification, a person so photographed Va. 627. In which Reporter will the
cannot prevent the use of such picture,
unless he can show that it is to be used case be found, and how will you locate it?
for an improper purpose.
(a) How will you proceed to find the 10. The case cited is Weber v. Lock
case ? man, 66 Neb. 469. In which Reporter
(b) Can you find a New York case will the case be found, and how will you involving a similar question as to the locate it?
right of officers to photograph criminals? 11. You are cited to a case as 122 Cal. 609, no title being given. You have not
18. In your state a statute has been the California Reports available. Can passed attempting to regulate employyou locate the case in the Reporter Sys- ment in bakeries, and fixing the number tem? How will you do it?
of days employés in bakeries shall work
each week and the number of hours per 12. There are three well-known series day. It is contended that the statute is of selected cases published in this coun
void as an interference with the liberty try. Name them, and give the charac
to contract. teristics of each.
(a) Find a Missouri case involving 13. Name and describe briefly one of this question. the encyclopedias of American Law. (b) How would you proceed to ex
haust the law on the general question 14. Saunders v. Eastern Hydraulic
involved in this case ? Pressed Brick Co. is a case decided by the Supreme Court of New Jersey, and 19. Wailing v. Toll, 9 Johns. 141, involves the liability of an employer for holds that infancy is a good defense to an injury to an employé. It is reported a suit brought by a physician for proin 76 Am. St. Rep. 222. What does this fessional services. How would you proabbreviation mean? In what other re- ceed to find a late (1910) Missouri case ports or reporters will the case also be holding the contrary view ? found? How would you proceed to find
20. In Tiffany's Handbook of the the other reports of the case ?
Law of Persons and Domestic Relations 15. Morley v. Chicago N. W. R. Co. (2d Ed.) page 400, it is said that an inis reported in 89 Northwestern Reporter fant cannot be held liable on an execuat page 105. How can you find the state tory contract for necessaries, the author report citation of the case ?
citing Mauldin v. Southern Shorthand
& Business Univ., 3 Ga. App. 800, 60 the case is reported in the Lawyers' ReS. E. 358, in support thereof. Can you ports Annotated or in the American find a Michigan case involving a similar State Reports? point? How will you proceed ?
25. The case of Earnest v. Express 21. Evanston v. Gunn, 99 U. S. 600, Co. was decided by the United States is an important and leading case on the Circuit Court for the Northern District admission in evidence of the records of of Georgia in 1873. Do you know in the United States Weather Bureau, on what set of reports the case
can be the ground that they are quasi public found ? records, and therefore admissible as doc
26. The case of Utah Consolidated uments. You are familiar with the case,
Mining Co. v. Paxton was decided by but you desire to learn the principles un
the United States Court of Appeals in derlying the decision, and to review the
1906. Do you know in what sets of rediscussion of the principles in Wigmore ports you can find the case ? on Evidence. What is the easiest way to find where in the three volumes of
27. Sherman County v. Simons, 109 the work named the question is dis
U. S. 735, involves the rights of a bona cussed ?
fide holder of county bonds. Where and
how can you determine whether the case 22. You are interested in the question has any great weight and value as an of the right of a city to appropriate wa
authority, aside from the fact that it ter for public use. You have found in
was decided by the Supreme Court of Vol. 4, Am. Dig. (Key-No. Series), in the United States? the topic "Waters and Water Courses,"
28. Richardson v. Buhl, 77 Mich. 632, section 101, the case of Meeker v. City of East Orange, 40 Atl. 167, a New Jer- involves the legality of combinations in
the nature of monopolies. Where and sey case, holding that a city has an absolute right to appropriate percolating
how can you determine the weight and
value of the case as an authority ? waters flowing under lands owned by it, though it is an injury to one whose 29. You want to find the case of Jaspring the water would reach if it was cobs v. Swift. You know it is a Kansas not so appropriated. This decision is case, but you do not know where it is an authority you wish to use if it is final. reported. How would you proceed to How can you find whether it has ever find the report of the case? been affirmed, reversed, or modified ?
30. You know there is a case in which 23. A contract of sale provides that a person by the name of Carmony is one on the delivery of the goods, the buyer, of the parties, decided by the Indiana if he desires to claim an allowance for court, and that the case is reported in defective goods, must give "immediate 87 N. E. How can you find the case ? notice" of such defects. Where would you go to find the exact meaning of the words "immediate notice"?
NOTE.—A list of answers to the above ques
tions or citations, showing where the an24. Tuckett v. Am. Steam & Hand swers can be found, will be sent by mail to
anyone wh may apply for he same to Laundry is reported in 30 Utah, 273.
Charles Lesley Ames, Sec'y Practitioners' How would you proceed to find whether Correspondence Course, St. Paul, Minn.
The Small Mortgage and Its Pitfalls
Reprinted from the Saturday Evening Post by Permission
VERY now and then something money rates are high the lender can
happens in Wall Street-it may be raise the rate and take advantage of the the collapse of a pool, or the effect of prevailing money conditions.
With a a forbidding message from Washington, bond, on the other hand, the rate is fixed or the result of an adverse court deci- all the time. sion—that causes prices to shiver and (3) It is an investment that you can gives the timid and conservative owner see with your own eyes and watch all of securities a jolt. It makes him ask the time. the old question: "Can't I put my money It might be well to explain what a where it is free from market influenc- real estate mortgage is. It is a docues?" And the answer is that he can. ment transferring property from the And this entails the explanation of an owner, who is borrowing money, to the admirable form of investment, the well- lender, on condition that the owner will selected real estate mortgage. It is easy get the property back if he pays the debt. to understand how the great money It is accompanied by a bond or promise lenders, like the big insurance companies to pay the debt. Hence the expression, and the capitalists, get desirable mort- "bond and mortgage.” The bond, or gages; but how is the average man or note, is really the evidence of the debt, woman with one or two thousand dollars while the mortgage is the collateral or to get one? Here is where the small the security behind it. mortgage comes in. The good real estate mortgage has the
A Visit to a Mortgage Shop first requirement of any safe investment, There was a time when the real estate which is stability. Land is the most sta- mortgage was generally regarded as a ble of all security. It cannot shrink, very dreadful thing. To-day, the title save by earthquakes or flood, and these companies carry stocks of mortgages for disasters are infrequent; it cannot move sale, just as a grocer carries lines of away; it is not susceptible to panic or
canned goods. depression. It is, as most people know, Let us say, for example, that a man the very basis of the world's wealth. in a city has saved $2,000 and wants to
Summed up, the principal advantages buy a real estate mortgage. He goes to of the real estate mortgage as an invest- the title company and he is given the ment are these:
choice of a guaranteed or an unguaran(1) When well selected it is an in- teed mortgage. In a guaranteed mortvestment without speculative features, gage the principal and interest are guarfor the principal neither rises nor falls anteed by the company, which collects in value.
and pays the interest twice a year. If (2) It permits a revision of the rate the borrower should default the interest of interest at stated periods. This means and the property is sold under foreclothat if the mortgage comes due when sure the investor would lose nothing.