which is the official decision of the court upon the respective rights and claims of the parties to the action. Thus in a suit for damages against a taxicab company for a collision with plaintiff's automobile, the jury might find that the plaintiff ought to recover $100 from the defendant, and bring in its verdict to that effect. Upon this verdict the judge decrees that the defendant shall pay this amount to the plaintiff and so gives the judgment of the court to the plaintiff for $100 and costs. The costs are an allowance given to the successful party to compensate him for his expenses in conducting the case. In a criminal matter the jury finds the defendant guilty or not guilty and the judge pronounces the penalty or punishment, or discharges the defendant.

Execution. After the judgment of the court has been rendered, the party against whom the damages are adjudged may not voluntarily pay them. In such an event, the law provides a method of procedure called an execution, which is a command issued by the court to one of its officers, either a sheriff, constable, or marshal, authorizing and requiring him to collect the amount named as damages, and if not paid, to take certain property of the person against whom the judgment is given, sell it, and apply the proceeds upon the judgment.

Levy and Sale. The taking of the property under the authority of the execution is called a levy. The property, after being levied upon, is advertised by the officer and sold at public sale to the highest bidder.

Exemption. The sheriff or officer can levy upon any property owned by the judgment debtor except certain articles which he is allowed by law to claim as exempt from execution and sale. The exemptions differ in the different states and are generally more liberal to a married man or one who supports a family, than to a single man. The exemptions ordinarily consist of clothing, household articles of a certain value, etc.

New Trial. After the judgment has been given, the unsuccessful party may within a certain time move for a new trial, either for the reason that he has discovered some new evidence, or because of some error of the judge in the first trial. If the judge can be convinced that, during the trial, he has made a

material error or that the defeated party really has discovered new evidence that is material to his case, the judge may, at his discretion, order a new trial. If a new trial is denied, the defeated party has no recourse but to pay the judgment or take an appeal.

Appeal. The party dissatisfied with the judgment of the trial court may take an appeal to a higher court by fulfilling certain conditions, which usually consist in giving an undertaking pay the costs if the decision of the trial court is affirmed.

to

The appeal is generally on questions of law alone, the decision of the trial court on questions of fact being final. The appellate court hears the arguments of the lawyers on each side, and it may then affirm the decision of the trial court, or it may reverse it and send the case back for a new trial.

When the case has been taken to the highest appellate court to which a case of its kind can be carried, and this last court affirms the judgment of the trial court, the case is finally determined.

Supplementary Proceedings. In case the sheriff or other officer intrusted with the execution is unable to collect the money or find property sufficient to satisfy it, he may return the execution with his certificate that it is unsatisfied. The party who obtained the judgment, and who is called the judgment creditor, may then apply to the judge for an order to examine the judgment debtor in reference to his property. This order of the judge requires the judgment debtor to appear before a referee appointed by the court and answer questions which may be asked him in reference to his property. The referee also has power to subpoena other witnesses and to adjourn the proceedings from time to time. When the examination is completed the referee reports the evidence to the judge who appointed him, and if it is found that the judgment debtor has any property which is not exempt, he is ordered to turn it over to the proper officer.

Replevin. This is an action brought to recover the possession of certain articles of personal property which have been wrongfully taken, or, if rightfully taken, are being wrongfully withheld. By giving a bond, the plaintiff can have the property

taken from the defendant and held in the custody of an officer until the action is determined. In this action their right to the possession of the goods is the question in dispute.

Attachment. In certain cases the court will issue a writ of attachment, which is an order to the sheriff or other officers to seize certain property of the defendant and hold it as security for any judgment which may be obtained. This writ is used. principally against absconding, concealed, or fraudulent debtors, but in some states is issued as a matter of course at the commencement of every action. It is used also when the defendant does not reside within the state, but the goods attached are within it. In such a case the court gets jurisdiction of the property, which it may dispose of to satisfy a judgment thereafter obtained in the action.

Garnishment.

In some states there is a provision in the law by which a person owing money to the defendant may be brought into the suit and ordered not to pay the money over to the defendant, and he may also be ordered to pay it into court. This procedure is frequently employed when the third party owes wages to the defendant, as by garnishment proceedings he will be compelled to pay over a part of the wages to the court, or retain it to apply on any judgment the plaintiff may obtain.

1. (a) Define an action.

QUESTIONS

(b) Name the parties in an action.
2. What is a summons and how must it be served?
3. What are the pleadings in an action?

4. What is (a) the complaint? (b) the reply? (c) a demurrer?
5. If the demurrer is sustained, what effect does it have on the action?
6. Before whom is (a) a question of law tried? (b) a question of fact?

7. Before whom is (a) a criminal case tried? (b) an equity case?

8. What is (a) a subpoena? (b) a deposition?

9. What is (a) the verdict in a case? (b) the judgment?

10. Define execution, levy, and sale.

II. When and how may a new trial be had?

12. What is an appeal, and upon what questions is it taken?

13. Describe supplementary proceedings.

14. What is a replevin action?

15. Define (a) attachment, (b) garnishment.

TEST CASE PROBLEMS

Give the decision and the principle or principles of law involved in each case. The plain

1. Duplex Safety Boiler Co. v. Garden, 101 N. Y. 387. tiffs in this case entered into a contract with the defendant wherein it was agreed that they, the plaintiffs, should alter boilers belonging to the defendant and perform all the work connected with the repair of these boilers, and complete the job by the 10th of May following. It was further agreed that the work should be done in such a manner as to satisfy the defendant that the boilers as changed were a success and that they would not leak under a pressure of steam. The work was done and the boilers were turned over to the defendant within the stated time. They were accepted and used by the defendant. Later, however, upon being requested to make payment, the defendant said the boilers were not satisfactory and refused to pay. Experts were called in, and after a thorough examination by them, the boilers were pronounced satisfactory in every way.

2. Morton v. Steward, 5 Bradwell (Ill.) 533, was an action on a note given by an infant, and it was proved that the consideration was necessaries furnished the infant. The amount of the note showed that an excessive price had been charged for the necessaries.

3. In Eaton v. Avery, 83 N. Y. 31, defendant made false representations to a mercantile agency as to the financial responsibility of his firm, which asked for credit of plaintiff. Plaintiff went to the mercantile agency and obtained the information given by the defendant, and relying on this, he delivered goods to the firm on credit. This action was brought to set aside the contract of sale and recover the goods.

4. In Flanagan v. Kilcome, 58 N. H. 443, defendant promised to pay plaintiff a certain sum if he would drop a lawsuit which he had commenced against her. This was done, but defendant did not pay the agreed sum and suit was brought to recover it.

5. In Anderson v. May, 50 Minn. 280, plaintiff contracted in March to raise and deliver to defendant 591 bushels of beans. Plaintiff delivered only 152 bushels because most of his crop was destroyed by early and unusual frost. Defendant refused to accept or to pay for only 152 bushels.

6. Wood v. Steele, 6 Wall. (U. S.) 80, was an action on a promissory note dated October 11, 1858, and made by Steele and Newson, payable to their own order one year from date. It was indorsed by them to Wood, the

plaintiff. "September" had been struck out and "October" put in as the date. The change was made after Steele had signed the note as surety and without his knowledge or consent.

7. Bird v. Munroe, 66 Maine 337, was a case in which a verbal contract was made. The contract belonged to the class required by the Statute of Frauds to be in writing. It was broken, and the parties afterward entered into a written agreement containing the terms of the oral contract. After the writing was signed, an action was brought for breach of the contract which occurred before the written agreement was executed.

8. In Oddy v. James, 48 N. Y. 685, about the middle of March the parties entered into an oral agreement by which the defendant employed plaintiff to superintend his cement works for one year from April 1 next. Plaintiff worked until August 3, when defendant discharged him. Plaintiff sued and defendant set up that the agreement was void under the Statute of Frauds.

9. In Owen v. Hall, 70 Md. 97, at the maturity of a joint promissory note a joint renewal note was given by the three makers. After Hall had signed as maker, the other two makers added the words "with interest" to the note without Hall's knowledge or consent.

10. White v. Corlies, 46 N. Y. 467. Corlies got an estimate for fitting up his offices from White, who was a builder. Then Corlies wrote White a letter in which he said: "Upon an agreement to finish fitting up of offices at 57 Broadway in two weeks from date, you can commence at once." White made no reply, but on the same day purchased lumber and made other preparations to begin the job. On the following day he received a note from Corlies in which Corlies countermanded his earlier letter. White brought suit against Corlies for damages.

II. Drake v. Seaman, 97 N. Y. 230.- The plaintiff was engaged by the defendant to act as salesman for a period of three years. The defendant gave the plaintiff the following memorandum of the contract: "The understanding with Mr. Drake is as follows: $2000 for the first year; $2500 for the second year sure, and, provided the increased sales will warrant it, he is to have $3000." As the defendant refused to carry out the arrangement, the plaintiff sued for breach of contract. Seaman's defense was the Statute of Frauds.

12. Dixon v. Wilmington Savings & Trust Co., 115 N. C. 274; 20 S. E. Rep. 464. The plaintiff signed a paper, which was a mortgage on her land, without reading it. She did this because she relied on Davis, her agent, who told her that the paper amounted to nothing. The mortgage was made out to the defendant, who took it in good faith and paid value for it. The money