IIT Chicago Kent College of Law - Transcript Yearbook (Chicago, IL)

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THE N3 Page 166 , D E j j The Maximums of Equity fWith Suggested Revisions Relating to the Modern.App1ication.J As Revised by HAROLD T. HUBER. ' , . ' f Equity jurisprudence today is practically the same as it was when NVillie, who started the darn thing, was right in the middle of his Conquering. Law and Equity are about the only things that have not changed at least in some slight degree. Among the more important changes of note along other lines, are changes that gradually came about and are taken as matters of course by we of this day and age, but were totally and entirelyunknown to the old timers of the Crusades, the. Palisades and during the reign of William of Orange, the Crangeades. A For instance, pajamas, or as the sons and daughters of Britain so very quaintly term them, pyjamas. Absolutely unknown to them of whom we speak. Loud speakers and super-hooperdines were unknown, although they probably had their table talkers and some type of ear phones, although the namehas changed somewhat, as the earlier references all seem to be to beer foams. But you get the idea that most everything is different these days. Everything but Law and Equity. Cf Law, the least said the better, for we can always struggle along even if we don't know our Ward Committee- man or the Clerk of the Speeders' Court. But with Equity it is something else again. That has just got to be changed and why not now and by the students of Chicago-Kent? I The foundations of Equity are the Maximums, so called after the Em- peror Maximillian of Troy, or Schenectady, whichever it was. These here Maximums have heretofore been applied to Trusts and Dead Beats, Real Estate and Mortgages, Accidents, Mistakes, Injunctions, Etcetera and so forth. And they have done fairly well, but are hardly adapted to present day conditions. Today in our Courts only four kinds of suits are in style, namely, to wit and viz., Divorce, Criminal, Saffron Cab and I. O. U. The last we can leave to the Supreme Court of Checaugau with its rubber stamp pleading and its knock down and drag out Little Claims Court. , ' ' The Saffron Cab suits, which include other personal injury and property damage suits, can be and are well taken care of in the Common Law Branches. Which leaves Divorce and Criminal matters and here is where, by a slight revision, Equity can make a name for itself. 'So in order to simplify the change, the old Maximums are hereby revised and newly in-' terpreted, and passed on to the readers of this here Cap and Gown Album for their consideration, noting the application of the old style Maximums to Divorce and Criminal Procedure. .FIRST MAXIMUM. Equity will not suffer a wrong to be without a remedy. This is the backbone of the whole carcass. Sure, Equity won't. And why should Divorce and Crime? None, is the answer. If one is soaked in the eye by 1925

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THE ! . Book Reviews Practice in the Supreme Court 'Che- caugau, by How Kumm.. Chicago Self Help Publishing Company, 1925. Pp. XIII + 711. Practical books on court practice will always be in demand. Students will wel- come them as an aid in the application of their knowledge to the mechanics of court practice. Youngsters at the bar will step into the courtroom fortified by the moral support of a handbook of practice on which they can rely for the poise and mental equipment of the older practitioner, and even the more experienced barristers, the scarred veterans of many legal battles, will ind in this volume a handy manual and guide to the complicated practice of the Supreme Court of Checaugau. A chapter is devoted to surly minute clerks and how to overcome the embarrassment and discomfiture often felt in the first verbal combat with one of these lord high pooh-bahs of the courtroom. The application of jiu jitsu to actions displayed by the clerks fifteen minutes be- fore closing time is explained in a manner which is invaluable to practitioners, and we hope will assist. Mr. Kumm explains the art of crowding to the head of the line without incurring the antagonism of those behind you. He has also, drawing upon the storehouse of his ovtrn experience, de- vised a number of games which can be played by counsel and litigants from 9:30 to 10:00 A. M. while waiting for the court to appear. Luncheon menus for the 12:00 to 2:30 recess are included, and numerous hints for the adjournment of court at 4:00 rather than 4:30, together with rules for their employment, are given. Various forms and needs of this court are explained. All of the leading Circuit with the Supreme are digested under headings. book is of necessity this particular field, Court eases dealing Court of Checaugau the appropriate topic While Mr. Kumm's a new undertaking in we feel that it fills a longfelt Want and that it should be in the hands of every student and lawyer. It is bound in red flexible ealfskin, of a size that makes it easy to carry in a pocket. We cannot recommend this work too highly. Illustrative Breach of Promise Cases, by K. Of Taventold, Second Edition, Humbug Series, Meanwell and Company, 1925. Pp. XX -1- 2459. ' Professor Taventold's first edition has been lately revised by him, with the result' that an already complete work has been brought down to date. It now contains references and citations to all of the lead- ing breach of promise eases in the United States, together with rare and choice tid- bits from the leading British cases. Pro- fessor Taventold has produced a volume which should grace the library of every young practitioner. It is seldom that a lawyer of his age and experience can be persuaded to depart from the well defined paths of those who have gone before, but in this second edition of Professor Tav- entold's work, he has so far departed from the ordinary legal style that his book could be read with some degree of under- standing and enjoyment by the layman. Not only does the professor understand the law relating to breach of promise, but he has embellished his work with extracts from a number of cases, some of which have never been made public before. Coupled with this will be found a train of personal reminiscences drawn from the inexhaustible storehouse of Professor Taventold's wide experience as the beau brummel of divorce lawyers. Seldom has a book of such pronounced excellence come to our editorial notice. nw I Negotiable Instruments and Otherwise, by Always Stung, Hollywood, California, Traffic Press, 1925. Pp. XV -1- 537. A book of this character is indeed a novelty to the professionf It is another one of these volumes that can be read with pleasure and profit by either the practitioner or the layman. Mr. Always Stung tells of the various instruments, negotiable and otherwise, which have come to his attention during the past thirty years. One of the first chapters deals with the subject of IOU's and treats of this in a most exhaustive manner. An- other chapter is devoted to the history of beer chips and meal tickets. Streetcar transfers and commutation tickets and their history, together with an entertain- ing dissertation on other quaint and curi- ous quasi-negotiable instruments are cov- ered in this remarkable work. Its value lies most in the historical character of its descriptions and references, and we would heartily recommend the book to the busy practitioner, unless in his work he comes constantly in contact with instruments of the kind described above. ' CR Page 165

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THE. Q e E i I either a total stranger on skullduggery bent, or by a fond and loving spouse, should there not be a remedy? Yes, there most certainly should not, for did not the old Roumanians say, I-Ieaven helps them as helps theirselvesj' and that then is E.quity's remedy, a soak in the eye for a soak in the eye. q SECOND MAXIMUM. ' Equity follows the Law. In ye olden tymes this meant that. But now it doesn't mean so much, if any. Today, whatever day this happens to be, fa good up to date calendar will be of inestimable value herej it means that after the law gets through with you, the Equity Man will get you if you don't watch your step. In Divorce it works this here way. After the legal fracas in the Domestic Reluctance Court, then you can have recourse to the Humorable judges on Chancery Setting and there you get your solicitor's fees. In Crimes, what does it 'matter who gets there hrst, Law or Equity, the County jail by any other name would swell your feet. . THIRD MAXIMUM. I Where the equities are equal, the first in time shall prevail. That means, first come, first table. If the loving spouses soak each other in the eye instanter, the first law clerk under the time stamp at the Clerk's office gets the barbed wire wrist watch, the second gets darn poor wages. So in criminality, hit him for possibly herj and then run like anything, to, not for, a gendarme who will gather you in his protecting arms 81 squeeze you fondly. FOURTH MAXIMUM. Where there are equal equities the law must prevail. This is a bit harder for the layman to get through his skull, but to us legally learned little luminaries, it's a pipe, as Charlie Dawes said when asked why he carried a monkey wrench in his mouth. This maximum means that if burglar and tenant, or loving spousesff2'j fEach othersjl have such a grip on each other that neither can make a Moscow, during the course of the day a minion of the law will no doubt give you a ride in the lovely Morgan Collins Blue enclosed cars so much seen in front of some of our most prom- inent bootlegger's doors these here days of draught. FIFTH MAXIMUM. QA Fifth is commonly called a quart but don't let them get away with it.j I-Ie who comes into Equity must come with clean hands. You've read these Sherlock Combs Stories where the safe- Cnounj -blower always works with gloves on. Well, those writers tell you it's to prevent getting the furniture all full of finger marks, but it's no such a thing. It's to be prepared to come into Equity, that's what it is. These safe-blowers aren't so dumb. In Divorce and Murders the point is to leave the body alone after you shoot him, or else wear gloves. SIXTH MAXIMUM. He who seeks equity must do equity. In other words, instead of waiting for equity to to all the work for you, go out and do your job and then get the equitable O. K. This is particularly applicable to Divorces. Like, for instance, suppose one of the fond, dutiful and loving spouses is 1925 l ii ix Page 167