Temple University School of Law - Restatement Yearbook (Philadelphia, PA)

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bility of Issue Extinct was created. All of which, Mr. Wilson explained, was clear, simple anti self-explanatory. The Commonwealth insured the success of its case by calling the illustrious insurance expert, MALCOLM ADAM, Esq., our Mutual friend for Life. Objection by counsel for the defense was made to the competency of MR. ADAM as a witness on the ground that he would surely incriminate, if he had the chance, his brother, HERBERT ADAM, one of the defendants. MR. ADAM was permitted to testify, however, and he remarked that while great interest in his course was evidenced by the defendants, it was not an insurable interest. MAJOR SCHOFIELD then gingerly stepped to the stand. We might here parenthetically note that the Major at or about this time entered on the uncharted sea of matrimony. As a beacon light to future happiness, MAJOR SCHOFIELD was presented by his well wishing class, with a pair of silver candle-sticks. The witness declared that the demeanor of the defendants in his class was a crime and they had gotten away with murder. MAJOR SCHOFIELD said that his examination questions were never involved and gave an example of their simplicity by the following: Ralph McSneer was running down a quiet street at midnight with a package under his arm. Andrew Gump was lying in wait with wilful, malicious, premeditated and deliberate intent and with a frowardness of heart, devoid of social duty, to shoot, maim and kill, and otherwise slay, one Barney Google, whom he expected to ride down the street on “Spark Plug.” Mistaking McSneer for Spark Plug, Gump fired at the package and struck powerful Katrinka, a young damsel at that moment hanging out of the window drying her hair. In falling, she landed on Mr. Jiggs, with his shoes in his hand, thereby knocking the shoes from his hand. The shoes struck Dintv Moore, who was there and then attempting to break into and enter a home nearby. Dick Dare, who had just turned the corner, sauntered into the arms of a waiting policeman. (This did not occur in Philadelphia.) Of what crime or crimes may Dick Dare be charged, and if so, why not, and if not, why so? 'fhe case of the defendants was seriously compromised by elections held bv them during the second year of the alleged attempt, and we shall not fail to take this into consideration, 'flu officers elected were as follows: HERBERT ADAM. President; and GLADYS HOBART, Vice-President. The defendant, HERBERT ADAM, it may be noted, not only permitted himself to be elected president for the second year, but, we may as well admit, dispelled all hope of ultimate success in this trial by winning the Second Year Prize for proficiency in his studies. For him now to attempt to disprove the charges of Attempt To Study Law is to take up a colossal task. 07

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perhaps the defendants should he placed in statu quo. As Keeper of the King’s Conscience, however, on reconsideration lie declared that since this was not a case of where “confidence was reposed and betrayed” nor even where “influence was acquired and abused” he would overlook this technical defect. WILLIAM ALEXANDER HAMILTON, Esq., noted orator, also called by the Commonwealth, said that lie had lectured to a group of fascinated citizens on the subject of No-go-tiable Instruments. Frequently, he testified, upon turning every hundredth page of his lecture notes, he would observe that his a listeners were in a lethargy, apparently spellbound vi 39 by the magic of his eloquence, Under cross exam- ination, he admitted they might have been merely asleep. JAMES R. WILSON, Esq., with one foot in the seat of the witness chair and himself precariously draped over the back thereof, asseverated that he had traced, for the benefit of the accused, the origin of the law of Real Property, commencing with the celebrated case of Flinthead vs. Swollen-Jaw, 49,386 R. C. 13, and continuing through the citation of 10,000 other equally famous cases, citation of which he made without assistance from his notes (which contained approximately 33,182 more). In dwelling on the above case, Mr. Wilson delineated the facts as follows: It appears that Archie Flinthead was the devisee of his grandfather’s uncle by marriage within the prohibited degrees of cosanguinity of a certain close designated as “all that certain lot or piece of ground situate and known as Ups-and-Downs, together with all improvements thereon erected and all lands, tenements and hereditaments appurtenant thereto and subject to all easements, franchises, and encumbrances of record.” Mr. Flinthead, accompanied by his wives and family, of which a recent census had not been taken, repaired to said lot or piece of ground and rang a cow hell at sunset thrice, so as properly to acquire the seisin thereof. Imagine his surprise, then, when a herd of dinosaurs and flock of pterdactvls, attracted by the musical tones of the bell, came gamboling toward him over the greens! Upon investigation, he discovered that these kind creatures were the property of one Hezekiah Swollen-Jaw, who claimed title to the land by mesne assignments of a lease ante-dating a certain Sheriff’s Sale at which Archie’s dearlv-beloved but now departed relative had acquired said land. On appeal, the Court of Last Resorts ruled that, under the Act of Assembly of February 31, 1901, for such case made and provided, where a judgment was subsequent to a ground rent and preceded by an unrecorded mortgage, the Statute of Quia Emptores applied unless the Statute of DeDonis Conditionalibus interfered with the Acts of Mortmain and Praemunire, in which case an Estate Tail After Possi-

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And so we come to the third year of this alleged conspiracy to Study Law. On arriving at the rendezvous of the gang at 1521 Locust Street in the City of Philadelphia, the conspirators clasped hands just a little more firmly than the previous year, for they were all implicated just a little deeper in this gigantic swindle. The first witness to testify as to the progress of the attempt during the third year was one BERTRAM K. WOLFE, Esq., who admitted that besides being a freeholder and an owner of “rill estate,” he was quite a connoisseur of good cigars. MR. WOLFE was positive that the defendants had attempted to study law and that they knew the law. He said that he was positive of their knowledge of the Law of Partnership, because while expounding the subject he cited the leading case of the American Shirt Co. vs. The Shirt Company of America, and that one of the defendants, “CASEBOOK” BLANK, had given him the details of the case verbatim. He was equally if not more positive that the defendants had imbibed freely of the Law of Bailments and Carriers, since he had assigned the leading case in this subject, namely, the case of the American Shirt Company vs. The Shirt Company of America. The witness was surer than that of the knowledge of the defendants as regards the Law of Bankruptcy and Damages, since he had explained the leading case of the American Shirt Company vs. the Shirt Company of America. WILLIAM ALEXANDER HAMILTON, Esq., famed Benedict, was again sworn and testified that he had taught the defendants collectively, though not individually, the Law of Sales. On this law, he emphasized, they were completely “sold,” so much so, that after his lecture each of the defendants would seek a padded “sell.” ROY MARTIN BOYD, Esq., Professor of the Law of Corporations, crisply stated that he could hardly accuse the defendants of a bona fide attempt to study law, but acknowledged having lectured to them upon the subjects of de facto and de jure corporate bodies, corporate mortgages and even Corporations. Like MR. WILSON, MR. BOYD said he cited very few cases to the students, never having assigned more than eighty-seven for each principle. For the purpose of establishing the fact that those charged with the offense of Attempt to Study Law had also made a serious effort to absorb a working knowledge of the Law of Wills and Decedents Estates, the Commonwealth produced non other than ROBERT M. BOYLE, Esq., Solicitor to the Registrar of Wills, Philadelphia County. MR. BOYLE acknowledged the fact that, during the third year of the visitations of the defendants upon the Law School of Temple University, he had stirred their souls with his lectures upon the subjects of 98