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SECOND YEAR COURSE.
7. Equity Jurisprudence and Procedure; Bankruptcy.
Professor Lile.
After consideration of the origin and rise of the chancery jurisdiction,
the student is led carefully through the usual subjects of equitable
cognizance, and thence into the methods of procedure, as recognized
in the High Court of Chancery in England, and as modified by
statute or by rules of courts in America. The contrast between legal
and equitable principles and procedure is constantly adverted to, and
the student is incited to the appreciation and cultivation of the fine
sense of moral right underlying the doctrines of technical equity. The
procedure in the Federal courts of chancery and in the chancery courts
of Virginia (where the distinction between legal and equitable procedure
is still maintained) is made the basis of instruction. Practical
work is required in draughting the various forms and pleadings, from
the subpœna to the final decree.
In the law of Bankruptcy, sufficient instruction is given to afford
to the student a fair working knowledge of its general principles, and
effort is made to secure as great a familiarity as possible with the
specific provisions of the National Bankruptcy Act of 1898, and the
prescribed rules of procedure thereunder.—September 15 to February 1—
Three times a week.
Text-Books.—Bispham's Principles of Equity.
Text-books on Equity Practice and Bankruptcy (to be
announced).
The Professor's Notes.
8. Pleading and Practice.
Professor Graves.
In this class the subjects are Pleading and Practice at common law,
and under the Virginia Statutes; Code Pleading; and Federal Jurisdiction
and Procedure. These are all confined to civil cases at law;
criminal procedure and equity jurisdiction and procedure being taught
elsewhere in the course.
An outline of the instruction in this class may be given as follows:
(1) The principles and rules of pleading, at common law and under
the codes; an intimate acquaintance with the common law rules and
principles being insisted upon as essential to a proper knowledge of
pleading under any system.
(2) The organization and jurisdiction of the Virginia courts, and the
proceedings in a lawsuit from beginning to end, including appellate
proceedings; and the law of attachments, executions, homestead
exemptions, etc.
(3) The organization and jurisdiction of the Federal courts, removal
of causes from State to Federal courts; the conformity or nonconformity
of the procedure at law in the Federal courts with that in the
courts of the State wherein they are held; and appellate proceedings
in the Federal courts.—September 15 to March 9—Three times a week.
Text-Books.—4 Minor's Institutes (3d edition).
Bryant's Code Pleading.
Dabney's Federal Jurisdiction and Law Procedure.
The Professor's Printed Notes.
9. The Law of Real Property.
Professor Minor.
The instruction in this class covers a detailed and careful study of
the subject of Real Property Law, in all its branches. The nature and
several kinds of real estate, and the various interests therein, with the
principles appertaining to each, curtesy and dower, the relations of
landlord and tenant, co-tenancies, the feudal tenures and principles,
uses and trusts, the far-reaching effects of the Statute of Uses, the
conditions, covenants and other qualifications attached to conveyances
of land, are reviewed at length. The historical connection between
ancient and modern doctrines of conveyancing, with the statutory
changes, are carefully traced. Remainders, reversions, and executory
limitations, and the principles governing their creation, validity, and
or by the manifold forms of purchase, and the principles controlling
each, the subjects of conveyances, contracts to convey, wills of lands,
adverse possession, the registry of instruments of title, and the principles
regulating the acquisition and validity of tax-titles, are investigated
in detail.
Throughout this course, emphasis is placed on common law principles,
and effort is made to give the student a clear comprehension of
these, by tracing them to their feudal or other sources, and by following
them into the modern forms they have assumed under the guiding
hand of the courts and of the legislature.—September 15 to March 25—
Three times a week.
Text-Books.—2 Minor's Institutes (4th edition).
Tax Titles: Minor.
The Professor's Notes.
10. The Law of Corporations.
Professor Lile.
In view of the recent development of the law of corporations, both in
extent and importance, increasing attention is devoted to this branch
of the curriculum. Among other subjects of lesser import, the
lectures embrace the promotion, organization and management of
business corporations; the formation and enforcement of subscriptions
for shares; corporate duties, powers and liabilities; the relations
between the corporation and the State, between the corporate body
and its shareholders, officers, agents and creditors, and the reciprocal
relations of these with one another; the consolidation, dissolution, and
winding up of corporations; and the appointment, duties and powers
of receivers. The principles applicable to municipal corporations,
whether in their public or their proprietary characters, are fully elucidated;
the subjects of municipal taxation, municipal bonds, franchises,
rights and liabilities in connection with streets, as affecting
the municipality, the public generally and the abutting proprietors,
are dealt with in detail.—February 1 to June 1—Three times a
week.
Text-Book.—Taylor on Corporations.
The Professor's Notes.
11. The Law of Evidence.
Professor Graves.
The principles of this difficult subject are sought to be elucidated
by the aid of the latest and most philosophical expositions of evidence,
notably those of Professor James B. Thayer, of Harvard University,
to whose recent work, "A Preliminary Treatise on Evidence at the
Common Law," constant reference is made. The text-book used—
Volume I of "Greenleaf,"—is edited by Professor Wigmore, and in it
have been incorporated the results of the historical research and
scientific analysis of Professor Thayer and others.
But while great attention is paid to the rationale of the law of evidence,
as indispensable to a mastery of its principles, the practical
character of the rules of evidence is not overlooked, and an earnest
effort is made, by careful consideration of the statutes and decisions,
to give the student such a working knowledge of the subject as will
enable him to apply its principles in the course of judicial investigations.—From
March 9 to May 25—Three times a week.
Text-Books.—Greenleaf on Evidence (16th ed.), by Professor Wigmore.
The Professor's Printed Notes.
12. The Conflict of Laws.
Professor Minor.
As the facility of commerce and intercourse between the various
states and countries of the world increases, this subject becomes
of graver importance, though as yet it has received rather scanty
recognition at the hands of text-writers and law-schools.
The course includes a discussion of the nature and various kinds of
domicil; the law governing status, and the conveyance of personal
property abroad; the execution, construction and effect of foreign
wills, successions and administrations; foreign marriages and divorces;
and transactions relating to real estate; the execution, interpretation
and validity of foreign contracts; the law governing the effect of foreign
judgments in rem or in personam; the recovery of damages for
foreign torts; the application of the lex fori; and the modes of proving
foreign laws.—March 25 to May 10—Three times a week.
Text-Book.—Conflict of Laws: Minor.
The Professor's Notes.
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