1. A final judgment in the Circuit Court was brought by writ of error
directly into the Court of Errors and Appeals. Was this legal?
2. A widow, whose dower had not been assigned to her, remained upon the
homestead of her deceased husband and took to her own use the crops
growing thereon. Was she entitled to the same?
3. The Board of Aldermen of the City of J passed an ordinance that no
one should conduct a grocery store in the city unless he was a citizen
of the State of New Jersey. A, a citizen of New York, having been found
guilty of violating this ordinance, certioraried his conviction to the
Supreme Court. What should the Court do?
4. A mortgagee in a chattel mortgage held the same for ten days after
the delivery of the mortgage and then recorded it. In the meantime a
judgment was recovered against the mortgagor, execution issued and a
levy made upon the goods and chattels named in the mortgage. Which has
priority?
5. S agreed to take the automobile of T to a shop to be repaired and to
return it after it was repaired. He took it to the shop, but failed to
return it. It was later destroyed by fire while in the shop, and T sued
S because of his failure to return the automobile. Was he liable?
6. A purchased an automobile from an infant and sold it to B in good
faith for value, neither A nor B having notice of the infancy of A's
vendor. Was it a valid sale?
7. R was indebted to S and the latter started a suit to recover the
amount due. Thereupon G agreed with S that if he would discontinue his
suit and wait for three months before again suing, he would be
responsible for the debt. This was done. At the end of the three months
was G liable?
8. L agreed to do certain work, part of it to be done on Sunday. T
subsequently agreed to pay L for such work. Was he liable?
9. An agent received the instructions of his principal, knowing that in
order to carry them out he would have to commit a nuisance, and did
actually commit such nuisance. The person injured sued the agent. Was he
liable?
10. The partnership accounts between D and M were unsettled, although
they had dissolved partnership. D alone could settle them, but refused
to do so. What kind of action could M institute against D?
11. Smith purchased a horse from Jones, giving him in payment a check on
a bank which he (Smith) had had certified. Smith having learned that
Jones had no title to the horse stopped payment on the check. Jones sued
the bank which answered, setting up want of consideration for the check.
Could it do so?
12. A died January 1, 1915, leaving a last will wherein he bequeathed
$5,000 to his son, John, then aged 18, and $5,000 to the A hospital, and
the residue of his estate to his daughter, Jane. The legacies remaining
unpaid on January 1, 1918, John and the hospital sued the executors for
them, claiming also interest. From what date should interest be allowed,
if at all?
13. Mary Jones died June 1, 1921, leaving a husband, Peter Jones, by
whom she had never had children, and three children by a prior marriage.
She left a will devising her real estate to her children, but made no
disposition of her personal estate. To whom did her real and personal
estate go on her death?
14. B, a creditor of the insolvent firm of J. & S., agreed to sell and
assign his claim to D for the sum of $2,000. B thereafter refused to
make the assignment. D thereupon filed a bill in Chancery against B for
specific performance. Could he maintain his action?
15. A was in possession of a house and lot. B, his neighbor, insisted
that A's house was over his line by a foot. How could A test his title,
B refusing to bring an action?
16. Brown, as executor of Smith, filed his final account in the Orphans'
Court of Salem County, and gave notice of settlement. Grey, one of the
residuary legatees, desired to have the accounting in Chancery. Was this
possible? If so, how should he proceed and what must he show?
17. In the trial of an action for libel wherein plaintiff claimed
compensatory damages only, defendant offered in mitigation of damages
evidence that the publication was made in good faith and with honest
belief in its truth. The Court excluded the offer, and this ruling was
attacked on appeal. Was it correct?
18. Plaintiff, aged nine, who was struck and injured by an automobile
while crossing a street, brought suit. The defense was contributory
negligence. The Court charged that a child of that age could be charged
with contributory negligence, but that in considering that question it
was for the jury to consider whether the plaintiff had exercised the
caution which would reasonably be expected from one of his years. Was
this charge correct?
19. A, an owner of a dwelling house, brought an action against B, who
had a tannery in the next block, alleging and showing on trial that
noxious fumes from B's tannery had made plaintiff's house untenantable.
B moved to nonsuit on the ground that these fumes injured a large number
of houses, were a public nuisance and the only remedy was by indictment.
The court refused to nonsuit. Was this ruling correct?
20. In what case and under what circumstances can a writ of error issue
directly from the Court of Errors and Appeals to the Court of Oyer and
Terminer?
21. At common law what right had a husband in personal property acquired
by the wife during coverture? What is the rule in New Jersey?
22. The treasurer of a corporation died. There was no provision in the
by-laws for the election of his successor. How can the place be filled?
23. On a bill for the construction of a will, evidence was offered of
declarations made by the testator at the time of making the will as to
his meaning and intention. Should this evidence be received?
24. In a suit involving an account, it appears that the defendant had
admitted that a certain sum was due. The defendant, however, demanded
the production of the plaintiff's books and on refusal moved for a
nonsuit. Should the motion be granted?