! 00 QUESTIONS AND ANSWERS HOW TO FIND THE LAW (IJnrnpU ICam irlynnl IGibrary Cornell University Library KF 240.D15 100 questions and answers on how to find 3 1924 024 514 337 The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024514337 1 00 QUESTIONS AND ANSWERS ON HOW TO FIND THE LAW PREPARED BY R. A. DALY special Lecturer in Legal Bibliography FOR CLASSROOM USE BY INSTRUCTORS ST. PAUL, MINN. WEST PUBLISHING CO. 1912 FOREWORD The One Hundred Examples in Legal Bibliography and How to Find the Law, of which this is the Key, are intended as a quiz or follow-up course to the instructions personally given by the Author. They cover all current law publica- tions without comment. They are in the nature of sugges- tions to the instructor, which may be developed or enlarged upon at his pleasure. (3)» INDEX AMERICAN AND ENGLISH ENCYCLOPEDIA OF LAW Use of, to locate cases on Picketing by cross-references 2 Use of, to locate cases cited in the notes. ("Check drawn on subsequently insolvent bank.") 36 Use of, to locate cases on "Willful Absence of an Attorney from Trial." (No case cited.) 27 AMERICAN DIGEST SYSTEM See post Century Digest Sections and Their Corresponding Key Numbers ; Century References in Decennial and Key- No. Series ; Decennial Table of Cases ; Descriptive Word Index; Key-No. Seriesj Words and Phrases Judicially Defined. AMERICAN STATE REPORTS Use of, to find authorities on construction of purely local statute 99 Numerical Table of Cases Use of, to locate cases gg Numerical Table of Trinity Use of, to locate parallel citations 7 CENTURY DIGEST SECTIONS AND THEIR CORRES- PONDING KEY-NUMBERS Pink Table in 21 Decennial Use of, to locate Key-No. corresponding to Century section number 45 Use of, to locate cases prior to 1907 in point with case di- gested in Decennial and Key -No. Series 82 CENTURY REFERENCES IN DECENNIAL AND KEY- NO. SERIES Use of, to locate cases in point earlier than and correspond- ing to those in Decennial 46, 75 Use of, to locate cases in point with case digested in Key- No. Series 82 f5) INDEX CITATOBS Ques. No. Do not give prior cases in point 22 Statement of its purpose 16 Use of, to locate later cases in point with case cited 13 Use of, to learn whether case has been affirmed, reversed, or modified 20, 21 CITATOKS AND ROSE'S NOTES ON UNITED STATES REPORTS Explanation of distinction between 17 COMBINED USE OF BOOKS To locate cases on "Willful Absence of Attorney from Tri- al." (In re Clark only case found.) 29 Questions 1, 3, 4, 5, 11, 12, and 13, to give complete list of cases in point 14 CYC. AND CYC. ANNOTATIONS Cyc. Use of, to locate eases on Picketing by cross-references.... 3 Use of, to locate cases cited in the notes. ("Check drawn on subsequently insolvent bank.") 35 Use of, to ascertain law as to delegation of duty to notify servant of hidden dangers 93 Cyc. Annotations Word "new" used to indicate new matter on which there are no cases in Cyc. itself 41 Cyc. and Cyc. Annotations Use of, to locate a first case on "Willful Absence of Attor- ney from Trial." (No case in Cyc. ; In re Clark, "New" in Cyc. Ann.) 25 Use of annual cumulative annotation for later cases 94 Decennial Table of Cases and Key-No. Use of, to supplement citations in note in Cyc. by adding subsequent cases 89 DECENNIAI. TABLE OF CASES Use of, to locate earliest case in point by obtaining Century reference for case digested in Century 11 Use of, to find Key-No. and so locate latest case in point. . . 12 . Use of, to locate digest paragraphs, and so learn the es- sential facts of a case cited 15 Use of, to learn whether a given case prior to 1906 has been affirmed, reversed, or modified 20 (6) INDEX BECENNIAX TABU! OF CASES— Continued Ques. No. Use of, to find later eases supplementing note in American State Reports 44 Use of, as a complete Parallel Citation Table 48 Use of, to locate ease in Reports, if title only is Imown 76 Use of, to ascertain If case has been affirmed, reversed, or modified 77 Use of, to locate digest paragraphs for specified case 78 Use of, as a combined Table of Cases reported in Selected Case Series 83 Use of, as a Table of Cases affirmed, reversed, and modified 86 Use of, to supplement citations in Text-Books 88 Use of, to supplement citations in notes to Cyc 89 Use of, to ascertain origin, and history of case presented to the court on two or more occasions 90 Use of, to supplement notes in Selected Case Series 91 DESCBIPTIVE-VTORD INDEX (a) Original use of, to locate cases on Picketing. (b) Use of Key-No. and Century references to exhaust the law 5 Use of, to locate Key-No. covering "Willful Absence of At- torney from Trial." (Case of In re Clark found in 2 Key- No. Series.) 28 Use of, to locate Key-No. and find late case. (Word con- tetnpt descriptive of cause of action.) 30 Use of, in locating Key-No. covering cases on "Check drawn on bank subsequently insolvent." 37 Use of, to Locate Cases by Words Descriptive of cause of action. (Case: Enjoining hoycott.) .' 54 ground of defense. (Case: Injury to passengers by un- avoidable accident.) 55 ground of defense. (Case: Contributory negligence. Stop, Loolc and Listen.) 57 object of action. (Case: Recovery from testamentary guard- ian of possession of land by statutory guardian.) 59 object of action. (Case: Right to temporary restraining order.) 60 party concerned in the action. (Case: Degree of care re- quired of motorman.) 52 party concerned in the action. (Case: Examination and li- censing of plumbers.) 53 point in controversy. (Case: Retroactive effect of Employ- er's LiaMlity Act.) 58 iwint of controversy. (Case: Jurisdiction of Federal Court to annul decree of State Court.) 61 (71 INDBX ♦ OESCBIPTIVE-IVORD INDEX— Continued Ques. No. point of controversy. (Case: Compelling a physical exanu- ination.) 62 point in controversy. (Case: Privileged communication to a spouse.) 63 point in controversy. (Case: Failure of evidence to prove a nuisance.) 64 point of controversy. (Case: Bill of particulars objection- able for variance.) 65 point of controversy. (Case: Competency of evidence of reputation to show employer's knowledge of careless hab- its of employe.) 66 subject-matter. (Case: Necessary Appliances; i. e., Air Brake.) 49 subject-matter. (Case: Weather Record as competent evi- dence.) 50 subject-matter. (Case: Enjoining publication of photo- graph.) 51 FEDERAL CASES Use of Blue Tables for locating therein a case cited from old U. S. Circuit Court and District Court Reports 47 KEY-NO. SERIES Use of, to supplement citations in notes to.Cyc 89 Use of, to supplement notes in Selected Case Series 91 Use of, to supplement citations in Text-Books 88 Century References Use of, to locate cases prior to 1897 46, 75, 82 Cnmnlative Table of Key-No. Sections in Key-No. Series Use of 81 Key-Number Use of, to locate later cases in Reporter Bound Vols, and Adv. Sheets 74 Table of Cases Affirmed, Reversed, or Modified Use of 21, 98 Table of Cases Digested Use of, to supplement L. R. A. note by later cases 43 Use of, to ascertain points decided in a cited case 95 Table of Cases Digested and Table of Corresponding Key-No. and Century Section Use of, to locate cases in point with case digested iu Cen- tury 79 (8) INDEX KEY-NO. SERIES— Continued Ques. No. Table of Reports and Table of Cases Digested Use of, to locate Key-No. for a case, If Reporter is not ac- cessible go- Use of, to find digest paragraphs and so ascertain essential facts of case cited 84 - LAWYERS' REPORTS ANNOTATED "Cases as Anthorities" and "Red Book" Use of, to locate cases in point later than a given case in L. R. A., Decennial Table of Cases and Key-No. Use of, to supplement and bring to date note in a Selected Case Series 91 Indes Digest Use of, in locating cases reported in L. R. A. and prior cases cited in notes thereto. ("Check drawn on subsequently insolvent bank.") 34 Index to Notes Use of, in locating cases on "Willful Absence of Attorney from Trial." ": 26 Use of, to supplement citation located in Cyc. Ann 42 liavryers' Reports Annotated Cases as Anthorities Use of, to trace Judicial history of case 72 Iiawyers' Reports Annotated, Digest, Desk Book, Vols. 1-24 New Series, and Notes to Cases Use of, to locate cases on Picketing reported therein 4 Notes Use of, to find cases in point starting from a first case re- ported in L. R. A 8 Parallel Tables Use of, to locate parallel citations 6, 56 Citations to State Reports at the head of cases reported therein (when official report is published first) 32 a Use of Citations to the Nat. Reporters and of Reporter Blue Books, to locate in State Reports cases reported earlier In L. R. A 32b Parallel Citations to Nat. Rep. Sys. following each title of each case reported in L. R. A 32 c (9) INDEX NATIONAI. REPORTER SYSTEM Ques. No. Complete from the establishment of each Reporter 19 Scope and promptness of 100 Use of syllabus number, to locate discussion of particular point in the opinion 38 Blue Books and Blue Tables Use of, to locate parallel citations 10, 56 Citation Books Use of, to locate later cases in point with case cited 13 Indexes to Bonnd Volumes and Advance Sheets Use of, to find Key-No. and to locate latest case in point. .. 12 Key-No. Annotatioiis Use of, to locate a recent case in other Reporters, Bound Volumes and Advance Sheets 31 Northeastern Reporter Advance Sheets Use of Key-Number Annotation in, to locate latest case in point In any jjarticular state 73 Reverse Front Tables Use of, to locate state of citation or case appearing in Re- porter 21 NOTES TO CASES Distinction between Notes and Citators 17 Do not give prior cases in point 22 ROSE'S NOTES TO tJNiTED STATES SUPREME COURT REPORTS Explanation of distinction between notes and citators 17 Use of, to ascertain later authorities on cited ^ases 9(> Use of, to ascertain cases distinguished from cited cases. .. 97 Decennial Table of Cases and Key-No. Use of, as a Citation Table to supplement Rose's Notes 92 SELECTED CASES SERIES Frequently cite in notes prior cases in point with case re- ported 23 Laipyers' Reports Annotated Index to Notes Use of, in locating cases on "Willful Absence of an Attor- ney from Trial." (In re Clark located.) 26 Use of, to supplement citation located in Cyc. Annotations. . 42 (10) INDEX TEXT-BOOKS Ques. No. Use of, to locate cases on Picketing by Index or Contents. . 1 Use of, in determining value of cases 85 Decennial Table of Cases and Key-No. Use of, to supplement the citations in Text-Book notes by latest cases reported 88 Table of Cases Cited Use of, to locate general discussion on point involved in a known case cited 87 TOPIC IN DECENNIAL DIG-ZST AND KEY-NO SEBIES Use of, in construing written agreement. (Case: Exception in insurance policy as to voluntary exposure to unneces- sary danger.) 67 Use of, to locate case of "Understanding" to. be used as syn- onymous with agreement 68 Use of, in construing instruments. (Case: Contract for de- livery of goods immediately.) 69 Use of, in construing an agreement. (Case: Whether the term theater includes furniture and similar articles suit- able thereto.) 71 WORDS AND PHRASES JUDICIALI.Y DEFINED "Habit" 18 "Patent ambiguity" — "latent ambiguity" 40 Construction of will — "Hold" 33 (ID* QUESTION (1) A is a manufacturing company and has had a strike by part of its employes. The former employes stationed pick- ets at the approaches to the plant to intercept applicants for work. Can such employes be enjoined from so doing? Find authorities from Text-Books. Answer The object being to enjoin the doing of certain acts, we go to that text-book which, in our judgment, would be most apt to treat of that specific phase of the law — Injunctions. Going to High on Injunctions (4th Ed.), and examining the table of contents at the beginning or the index at the close of the work, we are directed to § 1415 C. The same process locates the law in Joyce on Injunctions, § 504. (X3) QUESTION (2) A is a manufacturing company and has had a strike by part of its employes. The former employes stationed pickets at the approaches to the plant to intercept applicants for work. Can such employes be enjoined from so doing? Find authorities in American and English Encyclopedia of Law, second edition. Answer Selecting the Topic, which, according to our judgment, ought to treat of our particular phase of law, we examine the scope of the article, the inclusions and exclusions, and the cross-references it contains. If we select "Injunctions," we are carried by cross-reference to "Labor Combinations," where in Vol. 18, p. 86, we find our law. (14) QUESTION (3) A is a manufacturing company and has had a strike by part of its employes. The former employes stationed pick- ets at the approaches to the plant to intercept appHcants for work. Can such employes be enjoined from so doing? Find authorities in the Cyclopedia of Law and Procedure (Cyc). Answer Same process as in Answer, 2. Here we are referred to "lyabor Unions," 24 Cyc. 834, where we find the law. 2 (15) QUESTION (4) A is a manufacturing company and has had a strike by part of its employes. The former employes stationed pick- ets at the approaches to the plant to intercept applicants for work. Can such employes be enjoined from so doing? Find authorities in the L. R. A. Answer Selecting our subject as we would select our text-book — that is, the one that in our judgment ought to cover our par- ticular phase of the law — we examine carefully the Digests and desk book and Notes of Cases of the L. R. A. In this instance we will be directed to Casey v. Cincinnati Typo- graphical Union, 12 L. R. A. 193. (16) QUESTION (5) A is a manufacturing company and has had a strike by part of its employes. The former employes stationed pick- ets at the approaches to the plant to intercept applicants for work. Can such employes be enjoined from so doing? Find authorities in the American Digest System. Answer Carefully analyze the proposition. This is best done by picking from your statement of facts the words which are descriptive of the subject-matter, party or parties concerned, cause of action or defense, the object of action, or the point of controversy. The salient one in this case seems to be de- scriptive of the cause of action, to wit, "Picketing." This word we find in the Descriptive- Wotd Index with a reference to "Injunctions," § 101, where we find our authority. It will be found that "Strikes," "Labor Union," or "Trade Un- ion," all refer to the same — "Injunction," § 101. In this instance it is not necessary to determine the topic which, in our judgment, ought to contain the law. The de- scriptive word, with the aid of the Descriptive-Word Index, does this, and carries us to the section of the topic where law is found. To ascertain the volumes of the Key-Number Series that may contain cases on this specific point, turn to the table of Key-Number Sections, furnished with the last bound volume of the Key-Number Series, to "Injunction," § 101, as there tabulated, and you will find the volumes of the Key-Number Series that you should consult for later cases. Under the black-letter line "Injunction, § 101," in the Decennial and volumes of the Key-Number Series, we note "See 27 Century Digest, 'Injunctions,' §§ 174, 175," where you will find the early cases. a7) QUESTION (6) I have a citation to 167 Mass. 92. Locate this case in L. R. A., using only books of that system. Answer Turning to the "Parallel Table" accompanying this work (L. R. A.) I locate 167 Mass. 92. In juxtaposition thereto, I have a citation to 35 L. R. A. 722, where we find our case reported. QUESTION (7) I have a citation to 167 Mass. 92. Locate this case in American State Reports, using only books of that system. Answer Use "Numerical Table of Trinity" in like manner as "Par- allel Table" in preceding question for the L. R. A. (19) QUESTION (8) I have a citation to 167 Mass. 92. Give authorities on the points involved in this case decided prior to its rendition, using only the L. R. A. Answer These are found in the note to the case 35 L. R. A. 722, and in the previous cases referred to therein. (20) QUESTION (9) I have a citation to 167 Mass. 92. Give authorities on points involved in this case decided since its rendition, using only the L. R. A. Answer These are found by searching the Digest and "L. R. A. Cases as Authorities" as an original proposition (see Answer 4), and by Red Book. (21) QUESTION (10) Locate 167 Mass. 92, in the National Reporter System; the parties not given. Explain the process. Answer Use the skeleton table of the Blue Book. Tlie case is found in 44 N. E. Rep. 1077. (22) QUESTION (11) Locate the first case decided in this country on the ques- tion of "Picketing" by means of Vegelahn v. Guntner, 167 Mass. 92. 'Answer Using the Decennial Digest Table of Cases, this case is found in 10 Decennial Digest, Injunction, § 101. Under the black letter line of this section, "Boycotts and Other Combi- nations," we find reference to Century Digest, Injunction, §§ 174, 175, where the earliest cases are found. 3 (23) QUESTION (12) Give the latest decided cases in this country on the ques- tion of "Picketing," by means of Vegelahn v. Guntner, 167 Mass. 92. Answer We note in the Decennial Digest the Key-Number to our jproposition (see Answer 5) is "Injunction, § 101." Take the last advance sheets of the several Reporters and look for "In^ junction, § 101," in the "Index-Digest" in the first part of the pamphlet, and if necessary in the "Index-Digest" in the back part of the bound volumes of the Reporter, until it connects with the last advance sheet of the Digest, which you ascertain by the table in the first part of this advance sheet (American Digest Monthly Advance Sheets), and back into the bound volume of the Digest, etc. (24) QUESTION (13) Give the cases, if any, bearing on the question of "Picket- ing" in point with Vegelahn v. Guntner, 167 Mass. 92, using citators only. Answer Take a citator of Mass. or N. E. Reporter, and, turning to this case, look at the cases therein referred to. (25) QUESTION (14) Give an exhaustive brief on the question of Picketing as decided in 167 Mass. 92. Explain books and methods used. Answer Use all methods described in answers 1, 2, 3, 4, 5, 11, 12, 13. (26) QUESTION (15) Give the essential facts of the case in 167 Mass. 92, without going to the Reports. Answer Locate this case in the Decennial Table of Cases, and go to every place indicated where the different points in the case are to be found digested; bring them together, and, when read as a whole, the essential facts will appear (using this method, of course, only when the Massachusetts Reports are not accessible). (27) QUESTION (16) What is the purpose of a citator? Answer A citator simply indicates the history of the given case as it has been referred to in later decisions. QUESTION (17) What is the difference between a citator and "Notes of Cases," as exemplified in Rose's Notes and in the Notes to Illinois Reports? Answer A citator takes a given report by volume and page and in tabulated form refers to later reports (only) by volume and page where the given case is referred to. Some citators in- dicate the specific point in the case being dealt with by ab- breviation or catchword, and others designate by a small figure the number of the syllabus paragraph being dealt with, and designate by letter whether the case in the specific instance is reversed, followed, distinguished, or qualified. The Notes of Cases are elaborated citators, giving the like information at length on the printed page. (29) QUESTION (18) Give some instances where the courts have construed the word "Habit." Answer Wherever the question involves the meaning or construc- tion of words or phrases, it is well to get to the work enti- tled Words and Phrases Judicially Defined. Turning to the word "habit'' in volume 4 of this work, we find several cases bearing upon this question. (30) QUESTION (19) What reports give every current case from the courts of last resort of this country? Answer The reports of the National Reporter System, from the dates of their first publication, as shown in the "Reporter Directory." 4 . (31) QUESTION (20) Give the different methods of ascertaining whether a case has been reversed, affirmed, or modified, if decided prior to 1906. Answer Examine the Decennial Table of Cases and locate the case in hand by its title, and thereunder a record of the case will be found; or use some citator covering such case, where the subsequent history of the case is given. (32) QUESTION (21) Give the different methods of ascertaining whether a case has been reversed, affirmed, or modified, if decided since 1906. Answer Locate the case in the Table of Cases Reversed, Affirmed, or Modified in one of the volumes of Key-Number Series fol- lowing the volume in which you find your case. If reversed upon a specific point, the Key-Number of the point will dis- close the fact of its reversal. A citator of very recent date covering the given report and case should often also give this information. (33) QUESTION (22) With a given case can you find authorities decided prior to its rendition by use of a citator or notes of cases? If not, why? Answer No; for the reason that a citator or "Notes of Cases" simply deals with cases decided since the decision in the given case. (34) QUESTION (23) With a given case can you find authorities decided prior to its rendition by the use of selected cases? If so, how? Answer Sometimes. If the case is reported in one of the Selected Cases, the note to the case will frequently disclose this fact and the prior notes in this series to which a given note refers ; but not otherwise. (35) QUESTION (24) Locate the case of Watts v. Watts, 36 N. E. 479, in the State Report, using only the N. E- Reporter to do it. Answer Turn to the white table (which should always be pasted on the inside of the front cover of the volume) in 36 N. E. The parallel citation will be found to be 160 Mass. 464. (36) QUESTION (25) Does willful absence of an attorney from court when his case is assigned for trial constitute a contempt of court? Wanted, authorities in Cyc. Answer Analyzing this proposition, the word "Contempt" discloses the cause of the action. In 9 Cyc, article on Contempt, on page 19, it seems to treat of this phase of the law ; but no case directly in point is given. Turning to the latest edition of Cyc. Annotations referring to volume 9, page 19, in its nu- merical order, we find "Matter of Clark," 126 Missouri Ap- peals, 391, 103 S. W. 1105. The case in point appears as "New," which means that there were no authorities on that point in the body of Cyc. (37) QUESTION (26) Does willful absence of an attorney from court when his case is assigned for trial constitute a contempt of court? Waiited, authorities in Selected Cases. Answer Pursue methods disclosed in Answer 4. Reference will be found to IS ly. R. A. (N. S.) 389, Ex parte Clark, a case di- rectly in point. (38) QUESTION (27) Does willful absence of an attorney from court when his case is assigned for trial constitute a contempt of court? Wanted, authorities in the A. and E. Encyc. of Law or sup- plements thereto. Answer See article on Contempt in American and English Encyclo- pedia of Law. No case directly in point is_to be found there. 5 (39) QUESTION (28) Does willful absence of an attorney from court when his case is assigned for trial constitute a contempt of court? Wanted, authorities directly in point in American Digest Sys- tem. Answer The salient word is "Contempt," the word describing the cause of the action. Under this title in the Descriptive- Word Index is the line "Misconduct," and under this a subline "Of- ficer of Court." An attorney is an officer of the court. The reference there found, "Contempt, § 10," therefore looks promising, and we go to "Contempt," § 10, in the Decennial Dig. No case directly in point is there found, and we go to the "Cumulative Table of Key-Number Sections" to ascer- tain the volumes of the K. N. S. to consult, and find a case in 2 K. N. S., In re Clark, 126 Mo. App. 391, 103 S. W. 1105. (40) QUESTION (29) Does willful absence of an attorney from court when his case is assigned for trial constitute a contempt of court? Find a case directly in point. Answer Pursue the courses mentioned in the four preceding ques- tions. The American Digest and Cyc. and L. R. A. disclose the case of In re Clark, 126 Mo. App. 391, 103 S. W. 1105. (41) QUESTION (30) Does an appeal lie from an order judging a party guilty of contempt in disobeying a previous order, after a hearing upon petition of complainant in an equity suit? Give a late authority of national interest. Answer The salient point in the controversy here is the right of ap- peal, and restricts the appeal to contempt cases, if one can be had; so in the ultimate analysis Contempt stands out as the descriptive word and cause of the appeal. Turning to the Descriptive-Word Index and the title Contempt, we find a reference line, "Appeal and Error" — "Contempt, 66." Con- tempt, § 66, then becomes our Key-Number, and, finding none directly in point in the Decennial Digest, we pass down through the volumes of the Key-Number, where, under Con- tempt, § 66, in volume 9, we find the case of Gompers v. Buck's Stove & Range Co., 33 App. D. C. 516. (42) QUESTION (31) I find in a late advance sheet of the Atlantic Reporter a Maryland case holding that a master is not an insurer of servant's safety. Key-Number, Mast. & S. §§ 101, 102. Find the latest local authority. Answer Turn to the last advance sheet of the Reporter System cov- ering your state, and look in the Index-Digest at the begin- ning for Mast. & S. §§ 101, 102. If these sections do not ap- pear therein, follow back through the system as in Answer 12. (43) QUESTION (32) (A) I have a case in 36 L. R. A. (N. S.) 850. Locate this case in the State Reports. (B) I have a case in 35 L. R. A. (N. S.) 844. Locate this case in the State Reports. (C) I have a case in 36 L. R. A. (N. S.) 850. Locate this case in the National Reporter System. Answer (A) I simply open the volume on 36 L. R. A. (N. S.) and turn to page 850, where I find under the title, 174 Indiana, 203, where the case is found in the State Report. (B) The citation to the State Report does not appear in this instance, as above, because at the time the case was re- ported in the L. R. A. it had not been reported in the State Report; but in current volumes of the L. R. A. the volume and page of the National Reporter always appear, and the case can be located through the blue tables or table of cases of the State Report when published. The case is in 84 Vt. 350. (C) I simply open to 36 L. R. A. page 850, where I find, under the title of the case, the volume and page of the Na- tional Reporter, 91 Northeastern, 809. («) QUESTION (33) Does a will creating a trust to hold property and its rent and income create a trust to sell and dispose of the proceeds, or to receive rent and profits and pay them or apply them to the use of any person? Answer This question turns upon the construction of the word "hold." Turning to that word in volume 4 of Words and Phrases Judicially Defined, we find this question answered in the negative in Carpenter v. Cook, 64 Pac. 997, 999, 132 Cal. 621, 84 Am. St. Rep. 118. (45) QUESTION (34) A check is received by a merchant on the 8th inst., is de- posited in his bank on the 9th, but is not presented through the clearing house on that date. The bank fails to open on the 10th, and passes into the hands of the receiver. Who is the loser of the amount of the check? Wanted, authorities from Selected Cases. Answer The salient word in this statement is "Check." You will find this word in the Index-Digest of the L. R. A., coverins^ the New Series, vols. 1-24, where authorities on the general subject, as noted in L. R. A., are given. (46) QUESTION (35) A check is received by a merchant on the 8th inst., is de- posited in his bank on the 9th, but is not presented through the clearing house on that date. The bank fails to open on the 10th, and passes into the hands of the receiver. Who is the loser of the amount of the check? Wanted, authorities from Cyc. Answer Analyzing our question, the salient factor is that descrip- tive of the subject-matter. The word describing it is "Check." The word "Check" in Cyc. refers us to Commercial Paper, where at page 978 we find the general subject treated, and where we find a reference to "Banks and Banking," 5 Cyc. 531, note 68. 6 (47) QUESTION (36) A check is received by a merchant on the 8th inst., is de- posited in his banlc on the 9th, but is not presented through the clearing house on that date. The bank fails to open on the 10th, and passes into the hands of the receiver. Who is the loser of the amount of the check? Wanted, authorities in A. and E. Answer "Check" is a topic title in the A. & E., where a general treatment is found. (48) QUESTION (37) A check is received by a merchant on the 8th inst., is de- posited in his bank on the 9th, but is not presented through the clearing house on that date. The bank fails to open on the 10th, and passes into the hands of the receiver. Who is the loser of the amount of the check ? Wanted, authorities in American Digest System. Answer Taking "Check" as the salient word, as in the questions immediately preceding, and turning to the word "Check" in the Descriptive-Word Index, we find reference to "Pay- ment by Check," "Bills & Notes," § 404 (2), where we find authorities directly in point: Edmisten v. Herpolsheimer et al., 92 N. W. 138, 59 L. R. A. 934, 66 Neb. 94; Holmes v. Roe, 28 N. W. 864, 62 Mich. 199, 4 American State Reports, 844. Carrying our search forward by the Key-Number "Bills & Notes, 404" — we find in Vol. 11, Key-Number Series, "Za- loom V. Ganim," 129 N. Y. Supp. 85. Taking our refer- ence under the black-letter line, "404 — Time," to "Cent. Dig." Bills & Notes, §§ 1091-1103, we also find earlier direct author- ities in § 1103, "Rosenblatt v. Haberman," 8 Mo. App. 486. (49) QUESTION (38) In a very lengtfiy case of recent date, how can you best locate the exact place where the court discusses your point in the opinion? Answer By going to the National Reporter containing the case. There we find each paragraph of the syllabi numbered, and a number corresponding placed in the text, where this partic- ular question is discussed by the court. (50) QUESTION (39) On page 828 of Cyc. Annotations, 1912 Edition, under the reference to 9 Cyc. 19, I find cited the case of In re Clark, 126 Mo. App. 391, 103 S. W. 1105. Supplement this case with other authorities in the American Digest System. Answer By the Table of Reports at the beginning of each volume of the Key-Number Series I locate this 103 S- W. in volume 2 of the Key-Number Series. Turning to the Table of Cases digested in the back part, I note that the specific question in this case in which I am interested is digested under Con- tempt, § 10. This, then, becomes the Key-Number, and renders the gathering of authorities, very simple, from the Decennial and Key-Number Series, Reporter Indexes, etc. The annotations under the black-letter line, § 10, to "Cen- tury Digest, Contempt, § 19 to § 22," open the door for the early decisions. (51) QUESTION (40) What is the distinction between patent and latent am- biguity ? Answer The answer to this question depends upon the construction or meaning of the words "patent ambiguity" and "latent am- biguity." Turning to volume 4 of Words and Phrases Judi- cially Defined, to "patent ambiguity," we find the answer to our question. A patent ambiguity is one which arises sole- ly from the terms of the instrument, while a latent ambigu- ity is one not appearing on the face of the instrument, but which is developed by extrinsic evidence. Coulam v. Doull, 9 Pac. 568, 569, 4 Utah, 267. (52) QUESTION (41) In the annotations of Cyc. of volume 9, page 19, 1 find cited a case, In re Clark, 126 Missouri Appeals, 391, 103 S. W. 1105. Supplement this case from other cases in Cyc. directly in point. Answer The citation itself shows there are no other cases according to that system than this given. This is shown by the word "New." (53) QUESTION (42) In the Cyc. Annotations, 1912 Edition, under the reference to volume 9, page 19, I find cited a case. In re Clark, 126 Missouri Appeals, 391, 103 S. W. 1105. Supplement this case with authorities from Selected Cases. Answer In L. R. A. (N. S.) Index to Notes, we find reference to 15 L. R. A. (N. S.) 389, where this case is reported and note given. (54) QUESTION (43) Supplement a note to Commonwealth v. R. G. Dun, 10 1*. R. A. (N. S.) 920, by adding thereto later cases directly in point with the decision in that case. Answer Commonwealth v. R. G. Dun, 10 L. R. A. (N. S.) 920, was decided in 1907. The table of reports in the first part of Vol. 2, Key-Num- ber Series, American Digest, shows that it contains cases reported in 10 L. R. A. (N. S.). The table of cases digested in -the back of this volume gives the case of Com. v. R. G. Dun as digested under Tax. § 93. This shows that Tax. § 93, is the Key-Number, and later digests under this number will give cases, if any. The note, it appears, was written soon after the decision was rendered. 7 (55) QUESTION (44) Supplement the note to Freehling v. Bresnahan, 1 American State Reports, 617, by adding later cases directly in point with the question of Exemption therein. Answer The case of Freehling v. Bresnahan, 1 Am. St. Rep. 617, was decided in 1886, and is therefore found in the Table of Cases of the Decennial Digest. It is there found that this point of the case is digested under "Exemption," § 33, of the Centuvy Digest. Turning to "Exemp." § 33, in the Century Digest, we find all the American Cases down to 1896. Turning to the pink table in Vol. 21, Decennial Digest, we find the Key-Num- ber corresponding to this section, "Exemp." § 33, of the Cen- tury Digest, to be "Exemp." § 29. By this, search can be extended to the last case reported, and arranging them in proper order we will have amended the note in question and brought it down to date. (56) QUESTION (45) I have a case in the Century Digest, Mast. & S. § 100. What is the Key-Number? Answer I turn to the pink table of volume 21 of the Decennial Di- gest to the title Mast. & S., and in the first column locate my section number 100, where in the column in juxtaposition thereto I find that the Decennial and Key-Number is § 73. (57) QUESTION (46) I have a case in the Decennial Digest, Mast. & S. § 100. I want the earliest cases in this country. Where will they be found? Answer Opening the Decennial Digest, or any volume of the Key- Number, I turn to Mast. & S. § 100, and in the annotations under the black-letter line I note that my early law will be found in 34 Century Digest, Mast. & S. §§ 166 to 170; or I can turn to the pink table in volume 21 of the Decennial Di- gest and, running down the column of the Decennial and Key- Number sections, I find next to it §§ 166-170 of the Cen- tury Digest. (58) QUESTION (47) Locate 2 Blatchf. 316, in some other report. Answer I find that 2 Blatchf. is a United States Circuit Court re- port prior to 1880, and is therefore in the Federal Cases. The blue table of the Federal Cases locates this case as F. C. No. 17,824 (the cases in this series being arranged alphabeti- cally by title and numbered consecutively). (59) QUESTION (48) Locate the reports containing Peterson v. Seattle Traction Co. Answer in the table of cases of the Decennial Digest the case of Peterson v. Seattle Traction Company appears as in 23 Wash. 615, 63 Pacific, 539, 53 L. R. A. 586. (eo) QUESTION (49) Where all the cars of a street railroad company were equipped with air brakes, and there were heavy grades on the road, in an action for the death of a motorman, owing to a defective brake on a car, which weighed 12 tons and which was carrying a load of 10 tons, is a finding that the air brake was a necessary appliance warranted ? Answer (a) The salient point in this problem is best revealed by the words descriptive of the subject-matter of the controver- sy, which, in this case, are air brake, or brake, or appliance, or equipment. Taking the words "Air Brake" as descriptive of the subject-matter, we find them a title in the Descriptive- Word Index, and are there referred to "Master & Servant," § HI (1). Here we find our case, Terre Haute Electric Company v. Kieley, 72 iST. E. 658, 35 Ind. App. 180. (b) Taking the word "Brake" as the word descriptive of the subject-matter, and turning to it as a cross-reference head in the Descriptive-Word Index, we are referred to "Railroads," § 229, "Equipment of Trains," under which we find a reference to "Master & Servant," § 111. (c) Taking the \