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Cumberland University Law School Bulletin (Volume 1939-40) online

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Vol. XXXII No. 2



Announcements for the Session


Ninety-third Year of Law School

Enteted Jaonaty 30, 1904, at Lebanoa, Tcanessee, u
secoad-dass matter under Act of Congress of July 16, 1894

Law School IUilding


Session of 1938-39
Established 1847


Ernest L. Stockton, A.M., LL.B., LL.D.,

Albert B. Neil, LL.B., LL.D.,
Dean and Professor of Loiv

Samuel B. Gilreath, LL.B.,
Professor of Laiv

Edwin Lucian McNeilly, LL.B.,
Professor of Law

John J. Hooker, A.B., LL.B.,
Professor of Low

Sara Hardison, LL.B.,
Secretary and Librarian



June 1 Monday — Summer Session begins.

Sept. 18 Monday — Registration of Law Students begins.

Sept. 18 Monday — Registration of Freshmen.

Sept. 19 Tuesday — Lectures and Tests for Freshmen.

Sept. 20 Wednesday — Registration for Upper Classmen.

Sept. 22 Friday — Convocation, 11 :15 A.M.

Nov. 23 Thursday — Thanksgiving Day, Holiday.

Dec. 21 Saturday — Christmas vacation begins.


Jan. 8 Tuesday — Classes resumed.

Jan. 22 Monday — First Semester Examinations begin.

Jan. 24 Wednesday — First Semester ends.

Jan. 25 Thursday — Registration for Second Semester begins.

Jan. 29 Monday — Classes begin.

March 21 Thursday — Spring Recess begins.

March 28 Thursday — Classes resumed.

June 8 Saturday — Second Semester Examinations begin.

June 9 Sunday — Baccalaureate Sermon.

June 10 Monday — Ninety- Seventh Commencement.

Annual meeting of the Board of Trustees.


Cumberland University has had a long and enviable history,
having entered upon its career in 1842. Since that time it has sent
out forty-seven college presidents, eighty-six college professors,
sixty Congressmen, nine United States Senators, fifteen Gover-
nors of states, two justices of the United States Supreme Court,
one hundred and sixty district judges, twelve Federal judges, and
forty justices of State Supreme Courts. Twelve hundred ministers
have been numbered among its former students. Its eighteen thou-
sand matriculates and six thousand graduates have come from all
parts of this country, and seven foreign countries have been rep-

The Law School was created as a department of Cumberland
University on February 22, 1847. At various subsequent sittings
of the board the plan of organization was perfected, and in the
month of October, 1847, the first term opened, with one professor
and seven students present. Judge Abram Caruthers was the pro-
fessor. He was called from the bench of the Circuit Court to this
new work by the Board of Trustees. Robert L. Caruthers, who,
for many years, was President of the Board, provided the first
classroom in his own office. Judge Abram Caruthers has been
recognized as one of the ablest judges who ever presided in the
courts of the state. His opening address attracted wide attention,
and was copied and commented upon in many of the legal publica-
tions throughout the country. He assailed and utterly discredited
the old system of teaching by lectures, and insisted that the science
of law should be taught like any other science.

The school was at once a success. Judge N. Green, Senior, then
one of the Supreme Judges of the State, was called to assist Judge
Caruthers in the conduct of the school in 1848. He did not resign
as a member of the Supreme Court until 1852. Judge Bromfield
L. Ridlev became a Professor of Law in 1848, and served until
1852. In 1856, N. Green, Junior, was elected a professor, the
prosperity of the school requiring the services of three instructors.
These three gentlemen continued as the faculty until the beginning
of the Civil War in 1861. At that time there were one hundred
and eighty law students in attendance. Judge Abram Caruthers
died during the war. Judge N. Green. Senior, survived the war
and assisted his son, N. Green, Junior, in the revival of the school,
but died, at an advanced age and full of honors, in 1866. He was
succeeded that year by the Hon. Henry Cooper, and two years
thereafter. Judge Cooper having resigned, Judge Rol^ert L. Ca-

4 Cumberland University Bxh-LETin

ruthers, who was for many years on the Supreme Bench of the
state, was erected to fill the vacancy. He resigned in 1881' because
of advancing years and feeble health, and Dr. Andrew B. Martin
succeeded him, serving until his death, May 19, 1920.

Judge Nathan Green, Junior, after having taught as a professor
in the Law school for more than sixty years, died on February 17,
1919. He was succeeded by Judge Edward E. Beard, who served
until his death, June 18, 1924. In July, 1920, W. R. Chambers
was selected as the successor of Dr. Martin, and in October, 1923,
Judge Albert Williams was selected as a professor of law.

Judge A. B. Neil was elected Professor of Law in September,
1930, and was made Dean in January, 1935. Judge Neil was grad-
uated from the Law School of Cumberland University in Septem-
ber, 1896. He practiced law at Nashville until September, 1910,
when he was appointed Criminal Judge of Davidson County, in
which office he served one full term of eight years, at the close of
which he was elected Judge of the Second Circuit Court at Nash-
ville, in which office he has served continuously for the last sixteen
years, making a continuous service on the bench, at Nashville, of
more than twent3'-four years.

Currell Vance was a Professor of Law from January, 1935, to
June, 1935.

Judge Frank T. Fancher was a member of the law faculty from
September, 1935, to June, 1937.

Sinclair Daniel, LL.B., was a member of the law faculty from
January to June, 1932. In June, Samuel B. Gilreath became a
Professor of Law.

In September, 1928, Edward L. McNeilly became a Professor
of Law.

This is among the oldest law schools of the South, and its suc-
cess from the beginning has been unparalleled by any other similar
institution. Thousands of young men have here received instruc-
tion in the law. There are to be found in every section of the
country and in every honorable station for which professional train-
ing fits them. Some have reached the bench of the "greatest court
on earth." the Supreme Court of the United States, and many are
or have been Chief Executives of states and members of both houses
of the United States Congress. Indeed, wherever found, in public

Cumberland University Bulletin S

or private station, on the bench or at the bar, their successful
careers, attributable in some degree to the systematic training re-
ceived here, are giving prestige to their Alma Mater.

No law school in the country has furnished the profession a more
honorable and worthy body of graduates than has this school, and
it is with commendable and natural pride that the institution now
points to the record of these distinguished sons.

Women are admitted to the same classes with men as students.
The course, being thoroughly practical, prepares the student either
to practice law, or to conduct their business according to law.


Lebanon is one of the oldest towns in Middle Tennessee, and
celebrated its centennial in 1902. It has been an educational center
throughout its history, and now has a population of about 6,000.
The University is the chief enterprise of the town, and as a result,
the citizens are deeply interested in its prosperity. They accord
to the students a hearty welcome.


It is only by exercising the energies of his own mind that a stu-
dent can qualify himself for the bar. Any plan which would pro-
pose to make a lawyer of him without his doing the hard work for
himself would be idle and visionary. The virtue of any plan of
instruction must consist of two things :

1. That it cause the student to work, or. in other words, to study

To accomplish this the student is given a portion of the te.xt as
a lesson every day, on which he is examined the next day. He is
required to answer, in the presence of the whole class, questions
upon the lessons thus assigned. If he has any spirit in him, or
pride of character, this will insure the closest application of which
he is capable.

For more than seventy years it has been the policy of the school
to use the great text books as a method of instruction, students
being assigned daily les.sons upon which they are thus orally ex-
amined the following day. It is realized that the study of text
books alone is insufficient. The student must work out many

6 Cumberland University Bulletin

legal problems for himself. He must be, and is, required to apply
his own powers of reason to the solution of difficult cases. In
addition to the text books he is required to study, there are many
decisions (leading cases) assigned him during his course of in-
struction. Legal education that fails to develop in every mind the
power of logical reasoning must be of little value.

It is the judgment of many of the greatest lawyers of America
that the combined study of law, as it is found in the great text
books, and well selected cases, is the ideal plan of instruction.

During the second year the "case book" method of instruction
will be largely followed. In the study of the great cases (decisions)
the student is brought face to face with the practical application of
the fundamental rules of law in determining the rights and liabili-
ties of litigants.

From the very beginning, students under a competent instructor,
are taught the origin of the law, its object and purposes, its philos-
ophy, as well as its growth and development.

2. The plan should not only make a student work, but it ought
to guide and direct him so as to make him work to the greatest

A man may work ver}' hard, but still so unwisely that he will
accomplish little. It is equally so with the farmer, the mechanic,
and the law student. The student ought to have such a course of
study assigned to him, and be conducted through it in such a way,
that he will understand at the end of his course the greatest amount
of pure, living American law, and will know best how to apply it
in practice.

The duty of the professor in this school is to conduct the daily
examination of students upon the lessons assigned them ; to direct
their minds to what is most important in the textbooks ; to teach
them what is and what is not settled ; to correct the errors into
which they may fall ; to dispel the darkness that hangs upon many
passages. This is necessary every day and at every step of their

Moot Courts

The law is a vast science, and a very difficult one ; and the stu-
dent needs every possible facility to enable him, by the most arduous

Cumberland University Buleetin 7

labor, to comprehend its leading elementary principles. But this
is not all he has to do. He has to learn how to apply these prin-
ciples in practice. This is the art of his profession, and he can only
learn it by practice. It is as necessary a preparation for assuming
the responsibilities of a lawyer as the learning of the science. If
he learns it at the bar, it is at the expense of his client ; if he learns
it in the school, it is at his own expense.

The advantage of the Moot Court System is that it not only
imbues a student with the elementary principles of law involved in
his case, but also with a knowledge of the law of remedies. It
trains him also in the discussion of facts, and to the exercise of
that faculty which is so important in real practice.

Practice in }*Ioot Court forms a part of the plan of instruction.
Every student is required to bring suits in the forms adapted to
all our courts, and to conduct them to final hearing. The students
act as attorneys, jurors, clerks, and sheriffs.


A large and valuable law library for the use of law students is
open every day in the week. Sundays excepted. It is located in
the law building in a comfortably furnished room, well lighted and
heated. It contains over 7,000 volumes. Special mention may be
made of the National Reporter and Digest Systems, Corpus Juris,
Ruling Case Law, L. R. A., both original and new series, American
Law Reports, Federal Cases, United States Reports, American
Reports. American Decisions, American State Reports, English
Ruling Cases, and British Ruling Cases ; besides a great collection
of other standard law books.

The library is kept up-to-date by the constant addition of new
books as published. All of the published opinions of the courts of
last resort of all the states of the United States, together with the
opinions of all the inferior Federal Courts and the intermediate
Appellate Courts of the State of New York, are found in the li-
brary. We also have the statutes of the forty-eight states.


At a meeting of the Executive Committee of the Board of
Trustees on December 13, 1937, it was definitely decided to confer
the Bachelor of Laws degree only after two years of resident .study
in the Law School, effective September 12, 1938.

8 Cumberland University Bulletin

• Pre;-Legal Education. — Two years of College credits. In
August, 1938, the Supreme Court of Tennessee adopted as one of
the- rules for admission to the Bar a requirement that every appli-
cant shall, before taking an examination, file with the Secretary of
the Board of Bar Examiners a certificate showing at least two
years of College credits. Desiring to fully comply with the fore-
going rule of the Supreme Court, which meets with the approval
of the Law Faculty, every student must file such credits with the
Dean of the Law School in order to become a candidate for the
LL.B. degree.

Exceptions — Special Students

Students living in states which require only a High School edu-
cation may enroll as "special students" and upon completion of the
full two-year course will be entitled to receive a "certificate" signed
by the President of the University and Dean of the Law School.
Every "special student" who has received a certificate and success-
fully passes his bar examination may apply to the Board of Trustees
for the LL.B. degree. In determining his right to the degree,
consideration will be given to his record as a student, the recom-
mendation of the Board of Law Examiners, the presiding Judge
of a Court of record in the state in which he may be licensed to
practice law, as well as other reputable citizens.

"Special" Students May Receive the LL.B. Degree

All "special" students, who have (upon completion of the two
year course) an average grade equal to the average of those who
are qualified to become candidates for the LL.B. degree may re-
ceive the degree upon completion of such additional studies as the
faculty may prescribe.

The school recognizes the fact that "college credits" should not
be made the sole test of one's ability to become a lawyer. But nat-
ural ability, aptitude, personality and high courage should be given
given full consideration.

It is a serious mistake for any one to undertake the study of law
who does not have a sound education. While many men have
attained great distinction at the Bar who did not have a College or
even a High School education, it cannot be doubted that they were
seriously handicapped in the early years of their professional life.

Absences From Classes

No absences from class recitations will be permitted. If any

Cumberland University Bulletin 9

student is absent from classes on account of illness, or for some
reason over which he has no control, the Dean is authorized to make
an allowance on that account for not more than ten (10) absences
during a school year, provided the student presents a certificate
from a reputable physician that he was unable to attend classes.

Lost Time

All students, who lose time from classes due to late matricula-
tion, sickness or other causes, will be required to make up such
time by taking the summer course at a cost not exceeding one
dollar per recitation. Lost time must be made up at the student's

Special Examinations

No special examination will be given any student who fails to
take a regular examination with other members of his class, unless
his failure to take the regular examination is due to illness or causes
over which he may have no control.

Students Failing Examinations

Any student failing an examination in a subject (making a
grade below C — ) may be given a second examination in the subject.
If such student fails the second examination he will be required
to take the subject over, as if he had never studied it. No special
or second examination shall be given any student as a matter of
right. Any student failing his first examination in a subject, and
who makes a grade below 50 will be required to take the subject
again and will not be entitled to a second examination until after
he has completed the subject the second time.

Students on Probation

Any student failing two examinations in the same subject will
be placed on probation, or who fails more than one subject during
a semester, or who may be detected giving or receiving aid on any
examination. The Dean may suspend, peremptorily dismiss, or put
on probation, any student who may be guilty of immoral or un-
gentlemanly conduct. No student who has been put on probation
will be allowed to graduate until all conditions are removed.

Honor Students, Good Students, Poor Students

In 1937 the Dean established "Jackson's Inn," an honorary so-
ciety, to which only students who rank high in scholarship and
personal integrity are admitted. Upon graduation a certificate of
membership is issued to students who have met all requirements.


The Society was named in honor of Howell E. Jackson, class of
1852, and the first graduate of Cumberland University to be ap-
pointed to the United States Supreme Court.

Good students, those who make good average grades, often
achieve distinction at the Bar by reason of diligent application,
aptitude for the law, and an engaging personality. The faculty
gives them every encouragement in their work. Poor students are
a drawback and a hindrance not only to the law teacher but to
their associates in the School. Every student, who is poor in
scholarship, or who for any other reason is not succeeding, must
be and is advised, by the faculty, to discontinue his studies.

Two school years of two full semesters each will be required
in order to qualify for the Bachelor of Laws degree.

LL.B. Degree After a Year's Resident Study

All students who have studied law for one year at an accredited
school may receive the LL.B. degree after one year's resident study.
Such students may elect to take the first or second years course, but
must complete all other work prescribed by the faculty. All stu-
dents who have been admitted to the Bar before matriculation, and
who present a certificate of good moral character, may receive the
LL.B. degree after one year's resident study. They may elect to
take the first or second year course, but must complete all other
work prescribed by the facultv.

When the Semesters Begin

The fall semester will begin on the 18th day of September, 1939.
The spring semester will begiij the fourth Monday in Januar}'.
1940. There are two classes beginning with each semester, and
students may enter at the opening of either semester. There is a
graduating class at the close of each semester — one in January, the
other in June. The next Summer Course will begin June 5. 1939.

It is desirable that students enter on the first day of each semester.
A degree will not be conferred on any student entering after Octo-
ber 4. until he shall have made up the lost time during a subsequent
school year; or after February 7 of the spring semester. Lost time
may be made up by taking the summer course.
Directions for New Students

New law students are advised, on their arrival in Lebanon, to
inquire for Memorial Hall, phone 154. or Men's Dormitory, phone
71, where Room and Board can be had and where full information
and advice will be given, and where they will matriculate.

Cumberland Uxi\"ersity Bulletin 11

First Semester

History of a Lawsuit, Caruthers-Gilreath." 3 sem. hours

Evidence, Hughes 3 sem. hours

Corporations, Ballantine 3 sem. hours

Torts, Cooley 3 sem. hours

Domestic Relations, Peck 2 sem. hours

Personal Property, Childs 2 sem. hours

Wills and Administration, Rood 3 sem. hours

Practice Court 1 sem. hour

Second Semester

Equity Jurisprudence, Bispham 3 sem. hours

Real Property, Tiffany's Outlines 3 sem. hours

Negotiable Instruments, Crawford 2 sem. hours

Contracts, Parsons 4 sem. hours

Constitutional Law, Black 3 sem. hours

Criminal Law, May 2 sem. hours

Legal Ethics 1 sem. hour

Practice Court 1 sem. hour

Assigned reading. History of Law. its growth and
development, its philosophy, etc.

First Semester

CONTRACTS. Coble's Cases 4 sem. hours

This course involves the formation, interpretation, performance, and
termination of contracts.

CONFLICT OF LAWS. Goodrich 3 sem. hours

Problems of procedural and substantive laws with special reference
to taxation of intangibles.

PARTNERSHIP. Crane's Text 3 sem. hours

Nature and Formation of Partnership. Special Forms of Partnership,
and Related Unincorporated Associations for Profit. Partnership
Properly. Powers of Partners. Enforcement of Partnership Rights
and Liabilities. Dissolution of Solvent and Insolvent Partnerships.
Bankruptcy and Liquidation of Insolvent Partnerships. Non-Profit

EQUITY PLEADING. Keigwin's Cases 3 sem. hours

Parties to the Suit. The Original Bill. Amended and Supplemental
Bill. Composition of Pleadings. The Demurrer. Plea. Answer.
The Cross-Bill. Decree. Rehearing and Review.

12 Cumberland University Bulletin


Rose 4 sem. hours

Jurisdiction of Federal Courts. Diversity of Citizenship etc. The
New Rules Adopted by the Supreme Court Pursuant to an Act of

LEGAL RESEARCH 2 sem. hours


Second Semester

EVIDENCE. Wigmore's Cases 6 sem. hours

The exclusion and admission of evidence before Judicial Bodies,
Administrative Agencies, and Legislative Bodies.

BAILMENTS AND CARRIERS. Goddard 3 sem. hours

Classification of Bailments. Legal Results of the Relation. Gratui-
tous Services. Gratuitous Loans. Pledges. Locatio Rei. Locatio
Operis. Inns and Innkeepers. Common Carriers of Goods. Car-
riers of Passengers. Actions and Damages.


Leach's Cases 3 sem. hours

Classification of Future Interest. Right of Entry for conditions
broken. Vested and Contingent Remainders. Rule in Shelly's Case.
Construction of Limitations in Deeds and Wills. Povi^ers. The Rule
Against Perpetuities. Illegal Conditions and Restraints on Aliena-

AGENCY. Mechem 3 sem. hours

Principal and Agent. Duties of Principal. Duties and Liabilities of
Agent. Ratification. Negligence. Master and Servant. Termina-
tion of Relationship, etc.


COURTS 1 sem. hour

Perfecting Appeals. Assignment of Error. The Preparation of the
Brief. The Citation of Authorities. The Presentation of the Argu-


selected) 3 sem. hours

The Nature of Municipal Corporations. Their External Constitu-
tion. Their Internal Constitution. Their Powers. Their Liabilities.
Remedies for and against Mimicipal Corporations. Case book to be


During both the first and second year, students are assigned
"leading cases" to study. They are also given an "agreed statement

CuMBERJLAXD University Bixletix 13

of facts," which may form the basis of a lawsuit. All cases (many
of them are quite complicated; must be fully briefed. Under the
direction of an experienced lawyer, the student is not only taught
how to "brief" his case, but how to draw vahd legal documents
such as pleadings, both in law and equity, deeds, deeds ot trust,
mortgages, wills, etc. Students are not lectured upon fanciful
theories of the law. Nothing is of greater importance than the
practical application of substantive law to the even,- day problems
of life. All li'o-rk is required zi'ork. Ever\- student must pursue
his studies under the direction of the faculty. Xo one is permitted
to graduate who has not completed the full course and passed his

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