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Summer 1959 Barrister News, volume 7, issue 3 St. Mary's University School of Law

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This Newsletter is brought to you for free and open access by the School of Law Publications at Digital Commons at St. Mary's University. It has been accepted for inclusion in Barrister News by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact [email protected]. The Broadened Scope Of The 19 57 Amendments To The Texas Discovery And Deposit ion Rules Vol. VII, No. 3 St. Mary's University School of Law San Antonio, Texas By Jack Hebdon HICKMAN HONORED WITH GAVEL lid Hebdon, prominent San Antonio trial lawyer received his LL.B. gree from The University of Texas Law School and was admitted tbe State Bar of Texas in 1944. Presently he is a member of the ~~Antonio Bar Association, the State Bar of Texas, and the Amer­ 'Cil~ Bar Association. The Chief Justice of the Texas ~r. Hebdon is a part-time Professor of Law at St. Mary's University, Supreme Court and a prominent d specializes in trial work as a partner in the firm of Eskridge, San Antonio builder were honored wee, and Hebdon. at the first Annual Law Day Awards Banquet, sponsored by the Barristers Club. Since the Federal Rules of Ci v­ The event, held in the Gunter il Procedure were adopted in 19 3 8, ballroom, attracted 200 members twenty-four states have made sig­ of the Legal profession. The Chief Justice, John E. nificant changes in their discovery Chief Justice Hickman recipient of the Gavel Award with Justice Norvell Hickman, received the Gavel procedures, and eighteen states Award, given annually to an out­ have substantially adopted Federal DYLLA standing member of the judiciary. Rule 26, 35 Texas Law Review, Graduate Is Accepting the honor, which re­ 484. By the 1957 amendments to ASSUMES POST called his 43 years of service to Senior student, Edward V. Dylla the profession, Chief Justice the discovery and deposition rules has been appointed Editor in Hickman said: to the Texas Rules of Civil Pro­ District Judge Chief of the Barrister News. He "I take this gavel as a symbol of comradeship between justices cedure, the Supreme Court of Texas Marvin Blackburn, Jr., 1946 succeeds graduating senior Alois and lawyers." has materially improved and ex­ graduate of the St. Mary's Univ­ Hohman. In his speech urging lawyers, ersity School of Law, has been Mr. Dylla, a native San Antonian panded the Texas Discovery and judges and students to help build appointed Judge of the Second has served actively on the Deposition procedure. The pur­ public esteem for their calling, 38th Judicial District Court. The Barrister News staff for four the high court justice sai_d: pose of this Article is to discuss Second 38th Judicial District is semesters. "Honesty and objectivity are these new rules and to emphasize composed of Bandera, Gillespie, He has in turn appointed the the top qualities for begetting re­ Kendall, Kerr and Kimble counties. following members to theE ditorial the changes and how they are ap- spect for the law.'' While Judge Black burn was Board: John M. Flatten Jr., Bus­ Jack Hebdon plicable to our court procedure. In his speech, real estate stationed at Dodd fie I d in San iness Editor; and Richard Wilson, developer E. J. Burke, Jr.,praised Ins. The first important change is Antonio, he attended San Antonio Photo Editor. "Other appointments St. Mary's Law School for keeping ·wan Rule 167 in that the following language has been inserted: College, and obtain e d his law will be made when the Fall Semes­ pace with the r a pi d 1 y changing Judi· "* • • or order any party to permit entry upon designated degree at St. Mary's University ter begins," he said. world. Mr. Burke, who received SW2c Law School. Upon graduation from The new Editorial Board has land or other property in his possession or control for the St. Thomas More Award for Iaren St. Mary's, he entered private announced a policy to direct the the purpose of inspecting, measuring, surveying or photo­ outstanding contributions to the 516: practice in Junction, Texas, sub­ Barrister News potential toward legal prof e s s ion, cited new ~at'l. graphing the property or any designated object or oper- sequently holding the position of aiding St. Mary's future lawyers courses being added by St. Mary's 11enu ation thereon which may be material to any matter in­ District Attorney of the Second in their fuller professional deve­ in its effort to meet the shifting 38th Judicial District . We con­ lopment and to devote the pub­ volved in the action. The order shall specify the time, problems of the times. gratulate Judge Blackburn on his lication to the highest ideals of place and manner of making the inspection, measure­ "In a new world," said Mr. appointment. the bench and the bar. They state, ment or survey and taking the copies and photographs that this can be accomplished by Burke, "we must constantly up­ and may prescribe such terms and conditions as are the wholehearted cooperation and date our social regulations." "This is especially true,'' he just." participation of the student bar noted, "in Texas where growth The source of this addition is Federal Rule 34. Before the and the organized bar. Outstand­ ing articles and features on the and change are rapid and plenti­ sage of the amendment the Supreme Court in Hastings Oil techanical and practical aspects ful." vs. Texas , 149 T. 416, 234 S.W. 2d 389 of the law are being planned for Also honored at the banquet jjO) held that the trial court could order the entry upon and future editions was Dean Ernest Raba who was given a standing ovation when he pection of land and photographing thereon under Rule 737, accepted a plaque for 25 years of 1 Equitable Bill of Discovery. However, the situation is now Schoenbaum Speaks 6 legal achievement presented on rered by Rule 167, so that the inspection cari be secured by At Rocky Mountain behalf of Delta Theta Phi by its pie motion for discovery. It will be noted that there must be president, Robert G. Davis. Mr. Stanley Schoenbaum, Ad­ Other awards presented at the showing of good cause therefor, and proper notice must be junct Professor of Taxation, St. meeting included: and, furthermore, the actions of the court are subject to Mary's Law School, recently spoke James R. Norvell moot court limitations of the kind provided in Rule 186b, which will before the Fifth Annual Rocky awards (wrist watches) to Frank tcomm·ent:ed on later. Mountain Mineral Law Institute, Y. Hill and Robert O'Donnell, by at the University of Utah, Salt the donor; first annual Domangue Lake City. Professor Schoenbaum Award for an outstanding paper on Procedure were adopted in spoke on the "Significant Deve 1- workmen's compensation to Alfred no effort was made to broaden the scope of the deposition opments in the Treasury Regula­ Coco, by the donor, Arthur A. tions Governing Oil, Gas, and Domangue; Outstanding Graduate Depositions were designed for the purpose of dis­ Judge Blackburn evidence and were not intended to be used as a dis­ other Minerals." (Cont'd on Page 2, Col. 2) procedure or for the purpose of going on "fishing expe­ " However, through practice and because of the fact our pleadings could be amended mandatorily up to seven PfiiiiOnfR~ PlfBO ~IBIU~ Faculty Adds before trial. The deposition practice had taken on many On 'June 29, be fore the Ft. Civil Appeals held for the Surety aspects of a discovery procedure, but this was more by Worth Court of Civil Appeals, the Company. consent between the attorneys than by any authority University of Texas and St. The Trustee in Bankruptcy, Sierk ided in the rules. Mary's University tangled in the Petitioner in the Moot Supreme Mr. Carro I 1 H. Sierk has re­ semi-finals of the State Junior Court of Texas, as sailed t'lie turned to the St. Mary's faculty 186a, which was an addition by the 1957 amendments, Bar Associations's annual Moot validity of the assignment by the as a full-time professor of law, y adopt the first sentence from Federal Rule 26a, and Court Competition. construction company under the and has been assigned the task rules of the Common Law engen­ of directing the Night Division. declares that the purpose of the deposition upon oral The case involved the rights dered by a hiatus in the applicable A native of Dallas, Mr. Sierk at­ IJlllnatJlon or written interrogatori~s shall be for the purpose of a Trustee in Bankruptcy and statute at the time of execution; tendedSt. Mary's University where . ,,;rn••Prv, or for use as evidence in the action, or for both the rights of a Surety Company, and claimed the assignment was he earned his BBA and LLB de­ who had, in return for a general The principals governing the scope of the examina­ voidable under "The Strong-Arm grees. After teaching Business assignment, given a performance .,~·:~wJ.ut:u by Rule 186a are summarized as follows: Clause" (Sec. 70c) of the Bank­ Law and Accounting at St. Mary's, and payment bond to a construction Any person may be examined. i:ompany who thereafter defaulted ruptcy Act. The Re spondant, he was awarded a graduate fellow­ l. The examination may ·relate to any matter and the on its construction contract and Surety Company, attack e d the ship in Taxation from the South­ Petitioner's allegations by merely western Legal Foundation, and rules on admissibility do not cover the scope of the subsequently was adjudicated bankrupt. The Surety Company negating such propositions. attended Southern Methodist Univ­ examination. thereafter paid the materialmen The Ft. Worth Court of Civil ersity where he received his J. The examination may relate to facts bearing on the of the construction company, Appeals, acting as the Moot LL. M. Degree. While attending claim of an adverse as well as an examining party. taking an assignment from such Supreme Court of Texas, rendered St. Mary's Mr. Sierk gained mem­ judgment in favor of the Respon­ The examination need not be 1 i mite d to ultimate materialmen who seemingly had bership in Kappa Pi Sigma Honor­ t dant, 2 to 1. The Petitioner, ary Business Fraternity and was facts, but may delve into evidential facts. not perfected their liens. However, the Trustee· in Bankruptcy under Trustee in Bankruptcy, was re­ awarded the Delta Theta Phi Law \. The examination need not be limited to matters ex­ orders of the Referee completed presented by St. Mary's University Fraternity Scholarship Key. He clusively within the knowledge or control of an ad­ the remainder of the construction law students, Frank Y. Hill, Jr.; gained further recognition when Robert O'Donnell; and Frank R. verse party. It may extend to matters of which the project, after which there re­ his name appeared in "Who's Who" mained $21,000 in the hands of Southers and coached by Prof­ in American Colleges and Univ­ examining party has personal knowledge. the owner of the project. Both the fessor Orville Walker. ersities. )RATI ON !. At the examination, production of documents may Surety Company and the Trustee The Respondant, Surety Com­ Mr. Sierk is a member of the be required by a Subpoena for the Production of sued the owner for these funds, pany, was represented by the Texas Society of Certified Public Documentary Evidence. but by a Bill of Interpleader the University of Texas Law students, Accountants, as well as the State suits were consolidated. The Moot who defeated Southern Methodist Bar of Texas, and the American (Cont'd on Page 3 Col. 1) tri:. l court and the Moot Court of University in the finals, 3 to 2. Bar Association. Page Two THE BARR!ST THE FACULTY CORNER FRATERNITIES

"A Professional Legal Publication" Phi Delta Phi Delta Theta Phi Edited and Published by the Barristers Student Bar Association St. Mary's University School of Law San Antonio, Texas On May 7th, 1959, in conjunc­ Ann u a 1 Awards Day for ~ tion with the annual Law Day school of Law, which was ct Affiliated with American Law Student Association activities sponsored by St. Mary's bra ted on May 7, 19 59, found ' Winner of second place, Offset Di vision, A.L.S.A. University School of Law, Phi following brothers among II, Newspaper Contest, 1957, New York Delta Phi Legal Fraternity pre­ ranks of the honored; Brct A prime attribute for any person sented three annual awards to Frank Hill, who received VOL VII SUMMER 1959 NUMBER 3 engaged in the practice of teach­ outstanding students. Philip Day "Norvell Award" for his succe Editorial Board ing is the ability to communicate was chosen as outstanding Phi in the annual Moot Court cot capably with the students. A con­ Delta Phi Member ofthe year, and petition eliminations; Brother EDITOR IN CHIEF ...... EDWARD V. DYLLA genial personality and an under­ MANAGING EDITOR ...... JOHN M. FLATTEN JR. was further honored AS the out­ Coco, whose entry in the c standing of the students position standing graduate of the year by petition writing field earned PHOTO EDITOR ...... RICHARD WILSON combined with a strong command the fraternity. The outstanding the "Domangue Award", a II of the subject matter make this Editorial Staff freshman award which is presented savings bond; Brothers Bob Pe . attribute immediately apparent in Alfred Coco Frank Flatten to the student with the highest John Hohman, and Jack Leon, t those courses instructed here at academic average at the comple­ were presented "Awards of Mer' Buddy Chastain Frank Southers the School of Law by Mr. Clyde tion of two full semesters was for their contributive efforts Lange Hoffman Jack Kelso E. Johnson. Mr. Johnson always received by J. Paul Fly. behalf of the Law School; Brorh Frank Y. Hill Jr. Bill Richards displays a genuine interest in his The day was brought to a fit­ Jay Norton and James Kerr, students and readily offers his ting conclusion when the Frat• cipients of the "Scholarship K11 James Hope assistance with any problems their ernity held its annual Spring Din­ awarded to the brothers graduat' scholastic endeavors might pre­ ------HAYES AIRCRAFT CORPORATION- San Antonio, Texas ner Dance at the Anacacho Room with the highest average; Br sent. of the St. Anthony Hotel. Jack Leon, who received The fact that Mr. Johnson is Among the many guests of the sec on d honor in the "Merr himself a graduate of St. Mary's Inn were Supreme Court Justice A ward" p r e s e n t e d to the o THE LAWYER AND HIS possibly best explains his in­ Joe R. Greenhill, guest speaker, standing graduate by Delta Tluj terest in the school. Although Mr. Justice R.C. Walker, Justice Phi in honor of the late and rr Johnson is a native of Illinois, James Norvell, and Justice Robert ered Brother Leslie Merr - PROFESSION he has called San Antonio his Calvert, and their wives. The Brother James Hope, who recei home since childhood. Prior to an insurance company scho The practice of law is a profession. It is one of the oldest and evenings activities included pre­ completing his higher education, ship as well as a Merit Award w time honored professions that exist, along with that of medicine. Yet sentation of Awards of Merit to he served his country as a mem­ the highest current average in although lawyers have maintained through the ages a high level of Ronald Herrmann, Philip Day, C ber of the Army Air Corps during and Mike Gonzales foroutstanding fraternity. R integrity, today it is one of the most maligned professions. Even in WWII. Attaining the rank of service to the fraternity. The day was brought to a fesr' ancient times lawyers were considered a class by themselves in ref­ Captain, he flew 38 combat miss­ close when alumin and stud erence to being the subject of contempt and criticism. As far back With the close of the 1959 Spring ions as a bomber pilot in the members and their families as the Sixteenth Century, Quevado, a noted Spanish courtier said, semester, many Phi Delta Phi Pacific Campaign. Upon leaving at the Old Heide 1 berg Inn "lawyers defend litigants in their suits as pilots do ships in storms, brothers occupied positions on 1 the service, Mr. Johnson entered supper. Texas Supreme relieving them of everything they possessed on the way; so that, with The Dean's honor list for academic C d Trinity University where he com· achievement, Marvin Keifer head­ Justice, Clyde Smith, was pri ~ God's grace, they may reach the short empty and despoiled". 18 pleted his pre-law requirements. ing the roll for the day division. pal speaker at the event. Today a national survey of public opinion shows that lawyers are He subsequently entered St. Mary's Phi Delta Phi wishes to ex­ On June 26th the membt li rated lower than Chiropractors in public trust and appreciation. Why School of Law, graduating in 1950. tend warm congratulations to all gathered for a party at the lov f is it, that the pub 1 i c who benefit from the services of an attorney After joining a large law firm Mr. graduates and to wish them luck home furnished for the occas : feel an innate distrust and fear of the legal profession? Could it be Johnson entered into a partner­ and success in the coming years. by Brother Lamoine Holland. ~ that the practice of law is by nature very techanical, that some of the ship with Mr. Pat Legan. In Aug­ the fraternity took the occas f - --o 0 procedures are shrouded in an unpenetrable curtain of details? The ust, 1958 he entered into private to ins t a 11 the new officers h very complexity and almost slavish adherance to details sometime practice, exerting his interest follows; Buddy Chastain, !)I~ bewilder a layman, especially when equity cannot be followed. But in the field of general civil law. SILVER JUBILEE Ed Dylla, Vice Dean; Al C11< u also a few lawyers have besmirched the record of all by unethical 'b . h d J . k' ,. practice, and although this is by far the minority it always makes a COMING SOON ~~~c~':~; R~~y arFloy~~~~a;;er r deep impression on the public. Public opinion is sometimes formed Rolls; L~moine Holland, Ma De as a consequence of the result of highly publicized cases. A lawyer St. Mary's University Law of the Rttuals; and Bob Da1 1 is sometimes blamed for the idiosyncrasies of the jury. Or the bril­ School will celebrate its 25th Bailiff. ha liant machinations of a trial lawyer rna y sway the opinion of a jury, year of professional education CONGRATULATIONS: Ex so that their verdict is not popular with the masses. Also in defense in the school year of 1959-60. To Brother ED DYLLA, ho of minority groups or other unpopular causes, the lawyer has borne The event is expected to be the new Editor-in-Chief of the e the brunt of antagonism or criticism for his duty-bound efforts in the largest activity ever held in con­ rister News who succeeds Br 011 action. 18 junction with the law school. The JOHN HOHMAN who graduatej 10 But all this speculation boils down to one question, what can we date of the event, yet uncertain May. To Brother JACK LE pr do to erase this age old stigma? The primary method advised by the is expected to be held late this highest scorer from the St. Mw 16 Mr. Clyde E. Johnson American Bar Association is to educate the public, not so much in year. group who participated in the ull schools but in everyday civic affairs, in daily contacts with people. Mr. Johnson first began teach­ tober Bar Exam. Jack is prese I It is very important to maintain a personal and professional life that ing at St. Mary's in January, 1951. Assistant District Attorneykno is an exemplary example of the ideals of the legal profession. This Students of both the day and night 3exar County. oril should apply to students of the law as well as to lawyers themselves. divisions have received the bene­ of In the words of Theodore Roosevelt, "every man owes some of his fits of his instructions in a time to the upbuilding of the profession to which he belongs". diversity of subjects, including r~-~ ----~~~~~~~- ~~.~~~~~~~~~~~~~~~~~.-----~ Torts, Agency and Partnership, Personal Property, Writs, and the Law Apprenticeship Series. ln addition to his activities as a practicing attorney and professor, Mr. Johnson also serves as Cor­ poration Court Judge in the City of Terrell Hills. When asked of his hobbies, Mr. Johnson replied "work", but ad­ mitted that he enjoys a game of golf when he finds the time. Mr. Johnson and his wife Doris are the proud parents of a son, Russell, 7 and a daughter, Beth, 5. He is a member of Travis Park Methodist Church, and of Phi Delta Phi Legal Fraternity. Three Way Conference 0 M( Dean Ernest A. Raba receiving Achievement Plaque HICKMAN HONORED A' from Robert G. Davis (Continued From Page 1) AI and Outstanding Phi Delta Phi ... between attorney, client and one of (( a wards to Phillip S. Day, by our experienced Trust Department officers a. Ronald Herrman, president of Phi At Delta Phi; Delta Theta Phi Schol­ will open the door to new understanding F! arship Award to James Hope, the of the many advantages offered by a Delta Theta Phi fraternity's Merrem Award to Jack P. Leon; Corporate Trustee in the sound hondling Certificates of Merit for unselfish of an estate. There's no obligation in such contributions to and partie ipation a conference. in the activities and functions of the Student l3ar Association and the law school to Joe Carinhas, John !lohman, Ed Prud'Homme, Jack Leon, Richard Harris and Wh Robert Perry, by the Barristers one Club. wd Among the guests at the ban­ f 10 1 quet were: mol Justices of the Texas Supreme Court, Joe Greenhill, Meade 430 Solidad Street Griffin, Clyde Smith, Frank P. between Martin & Pecan Streets Justice Norvell presenting St. Thomas More Award to E.]. Burke Jr. Culver, Ruel C. Walker, Robert MEMBER FEDERAL DESPOSIT CNSURANCE (Cont'd on Poge 4, Col. 4) CORPORATION Page Three

good cause shown, the court in produce at such time and place ALSA DELEGATES PREPARE ENTS which the action is pending may designated books, papers, docu­ make an order that: ments, and tangible things, which Page 1) 1. The deposition shall not constitute or contain evidence re­ FOR MIAMI MISSIONS be taken. lating to any of the matters with­ This rule contains a proviso The PLACE is Miami Beach, the TIME is August 22nd thruthe 2. That it may be taken only in the scope of the examination. should be noted. The pro· 26th, the EVENT is the lOth Anniversary meeting of the American before the court or at some If the litigation is not of sufficient reads as follows: Law Students Association. From all parts of the country where member designated p 1 ace other importance to justify an expensive "Provided, however, that the la.w schools are locat~d delegates are preparing to attend what pro­ than that stated in the no· procedure, the motion for dis­ rights herein granted shall mtses to be the most interesting and enjoyable convention yet to be covery as authorized by Rule 167 not require the production of tice or subpoena. held by ALSA. is probably the most inexpensive written statements of wit· 3. That it may be taken only Lange Hoffman and Thomas Joseph are eagerly awaiting the arrival way to discover tang b 1 e evi­ nesses or extend to communi­ on written interrogatories i of the 22nd of August when they will leave by Eastern Airlines to re­ or that it may be t a k e n dence, but if the litigation is of cations pas s in g between present St. Mary's Law School as delegates to the convention. The only by oral examination. sufficient importance to justify agents or representatives or Barrister News wishes them an enjoyable time and good luck in their 4. That certain matters shall the expense, then the deposition the employees of either party attempt to bring back a national officer to St. Mary's Law School. not be inquired into. procedure, coupled with the sub­ to the suit, or communications The convention is being held at the Carillon Hotel where three t· 5. That the examination shall poena duces tecum power given between any party and his sessions of the ALSA House of Delegates composed of all registrants m be held with no one pres­ to the court reporter, it is certain­ agents, representatives, or at the meeting will consider the reports of the Association's Com­ 10 ent except the witness and ly the most effective me an s of their employees, where made mittees, adopt appropriate resolutions, elect new executive officers, y, his counsel and the parties discovering tang i b 1 e evidence. subsequent to the occurrence and formulate a program for the Association for 1959-60. no to the action and t h e i r For a discussion of this subject or transaction upon which the A series of student bar workshops will be scheduled to assist officers and co u n s e 1. see 37 Texas Law Review 43. ·" suit is based, and made in member associations in organizing or improving their activities. in 6. That the deposition shall The penalty formerly contained in connection with the prosecu­ Visits to the programs of the other legal organizations, meeting at rs not be taken by or before Rule 202 for the failure of a party tion, investigation, or defense the same time, will include the opening assembly of the American Bar ·e· the officer having the com­ to appear has been transferred t·o of such daim, or the circum­ Associ~tion and the debate and reception of the conference on per­ ~~~ mission. Rule 215a and will be discussed stances out of which same has sonal finance law. A number of distinguished lawyers and bar leaders ng 7. That after being sealed, under that Rule. arisen: and provided, further, will speak during the meeting of ALSA and the convention will close ter the deposition shall be that the rights herein granted with the announcement of the results of various ALSA competitions 1is shall not require disclosure opened only by order of FORCING A PARTY TO em and a visit to the host school, Miami School of Law. of information obtained in the the court. APPEAR 0 ut· course of an investigation of 8. That secret processes, Rule 215a is designed to put at a a claim or defense by a per· developments or research real teeth into the discovery pro­ EDITORIAL COMMENT: The ev· son employed to make such need not be disclosed. ceedings, and especially those in Conscientious Citizen: I couldn't building which h o u s e s the St. em; investigation. 1 1 9. That the part i e s shall connection with the taking of de­ serve as a juror, judge. One Mary's School of Law once com­ ved simultaneously file speci­ look at that fellow convinces positions. It has always been a pletely dominated the San Antonio lar· fied documents or informa­ me he's guilty. simple matter to force a party to JUDGE: "Quiet. That's the dis­ skyline. Rumor says that the law for tion, enclosed in sealed appear. He could be attached and trict attomey." school may again occupy a place the envelopes to be opened brought in instantly if necessary. in the skyline. as directed by the court. However, the difficulty has come 10. The court may make any e in what to do about a party or wit­ ------MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION other order which justice decedent was hit by ness who refuse to answer ques­ requires to protect the part of the defendant's street cars. tions. or the witness from undue ~t~e diately following the acci· There is no question but that annoyance, embarrass­ , defendant 1 s o p e r a t o r o b­ the previous statute and r u 1 e s ment, oppression or ex­ CORPORATE TRUST SERVICES med a 1 i s t of n a me s of the have been unsatisfactory. By the pense. ss engers on the bus and plain· terms Articles 3748, 3757, and Some examples of how the Hwas not supplied with a list 5 769a, the notary public could courts might use this protection the names of these witnesses attach and could also fine and im­ rule are that the court may require The Frost Bank Trust Department is proud he tried to obtain a list b; prison, but that procedure proved the deposition to be taken at a poena duces tecum at the time to be ineffective. See Harbison certain place if the witness is not to assist attorneys and their corporate uial. The Supreme Court held vs. McMurray, 163 S.W. 2d 680. physically or financially able to It the trial court properly re­ Ther;-developed an attitude of appear, or may require that the de­ clients as ed to permit the plaintiff to ob­ disfavor and resistance against position be taken on written in­ the list of witnesses on the the exercise of such power by the terrogatories if the witness's o~nd that the relevancy of the not a r y public who was not re­ health will not permit an oral ex­ timony of the potentia 1 wit­ garded as an official having judi­ • Stock transfer agent amination, or might d i r e c t the sses was not shown. Since the cial authority. Furthermore, taking of a corporation officer's • Dividend disbursing agent the Supreme Court imprisonment and the collection deposition at the place of busi­ handed down the decision of of a fine required the assistance • Trustee under Pension or Profit Sharing Plans ness so books would be availa­ Parte Laden, 325 S.W. 2nd 121, of a sheriff and, of course, sher­ • Agent with Investment Assistance ble, or bus in e s s not interfered ~ ing that a list of witnesses iffs hesitate to act without the with, or the scope might be lim­ • Bond and Coupon Paying Agent ed by a bus operator in the benefit of a court order. ited where secret processes or e fashion as the list obtained In 1929 an effort was made to • Trustee under Agreement or Indenture formulas are involved, or the court th e Oehler case was within the correct the situation and Article can prevent embarrassment such • Escrow Agent •i so contained in both Rule 2769b transferred the authority as questions that might be asked • Stock or Bond Registrar 'a and 186a, and therefore not to punish to the court where the for newspaper publicity. Furrher­ case was pending, or the district 1 to discovery. more, since the court can make Of course, if the wit n e s s court of the county in which the any order which justice requires, MEMBER FEDERAL DEPOSIT INSURANCE CORPORATION sthe names of the witnesses, witness resides. But again the it would seem to f o 11 ow that a the bus driver knew the names statute was deficient in that it motion made after the examination witnesses from whom he dealt only with compelling a wit­ had begun would undoubtedly be taken witness slips, then ness to appear but did not speci­ regarded as seasonably filed, and se names could be discovered fically cover the situation when more comment will be made about deposition, but the investiga­ the witness appeared but refused this in connection with Rule 215a. developed subsequent to the to testify. Furthermo~e, transients or other transaction is SUBPOENA DUCES TECUM or non-resident persons were not by the proviso. Rule 202 authorizes the officer really affected by this rule since fh ereas, Rule 187a enlarges commissioned to take the deposi­ only the judge and the court where scope of the permissible ex­ tion to immediately issue and the case was pending or in the Rule 18Gb protects the cause to be served a subpoena. county in which the witness re­ ie s and the witnesses from In addition to the subpoena direct­ sided could punish the recalci­ OF SAN ANTONIO· at MAIN and COMMERCE The Rule provides that ing the wit n e s s to appear, the trant witness. Actually, the notices served for the taking officer is also authorized by Rule problem was greater than simply position upon motion season· 177a to issue a "subpoena duces requiring the witness to appear. IF IT'S IMPORTANT TO YOU ... IT'S IMPORTANT TO US! made and upon notice and for tecum" directing the person to (Cont'd on Page 4, Col. 2)

E REASON WHY IF IT'S FOR :e A TEXAS LAW LIBRARY ASK VERNON

on attorney appoints Bexar County National Bank as the executor ] tru stee of an estate, he does so with the assurance that all matters be ju dged impartially, that the bank will be on the job always- con­ '9 to work hand in hand with the estate's attorney on all legal STATUTES VERNON LAW BOOK CO. REPORTERS KANSAS. CITY 6, MO. THE TRUST DEPARTMENT BEXAR COUNTY NATIONAL BANK DIGESTS SAN ANTONIO, TEXAS LOCAL BOOKS Page Four

tories may be completed on other contested litigation. Where all DEAN'S LIST matters. Thereafter, on reason­ the facts are known to both par­ SUMMER 1959 able notice either party may ap­ ties, then it is obvious that more At the end of each semester, those students who have completed two ply to the court in which the action settlements should be reached, is pending, or to the District thereby eliminating the necessity full semesters of law work, and whose cumulative average places Phillip S. Day, who is a Court in the district where the of long and expensive trials. them in the upper ten per cent of the total student body, are placed graduate of St. Mary's deposition is being taken, for an upon the Dean's Honor List, as students of academic distinction, and School of Law has been order compelling an answer. If their names are recorded as a matter of permanent record. Only those HICKMAN HONORED $2,000 Comparative Law the motion is granted and the students carrying a normal load or more are eligible. (Continued From Poge 2) court finds that the refusal was ship at the University of Hamilton, James R . Norvell and for the 1959 -60 academic DAY DIVISION without substantial justification, Robert Calvert, accompanied by Day, a native of Brewer, the court may require the refusing Average Hours party to pay the examining party their wives. graduate magna cum laude. the amount of reasonable ex­ Judges of the Court of Criminal He is a past president ol 1. Kelfer, Marvin G. 83.3 53 penses incurred including reason­ Appeals, W. A. Morrison (presiding Law School student body, 2. Plumb, Peter 83.1 26. 5 able attorney's fees . If the motion judge), Kenneth K. Woodley, Lloyd of Phi Delta Phi I ega! 3. Hope, James 82.9 66.5 is denied, then the moving party Davidson, Ernest 8 e 1 c her and The Barrister wish Phil the best of luck in his 4. Day, PhilipS. 82.3 88 may be required to pay expenses Wesley Dice. mic achievement. 5. Mitchell, Robert F. 81.9 86 including reasonable attorney's Justices of the Court of Civil Appeals, Fourth Judicial District, o---- 6. Southers, Frank 81.7 50 fees. If, after the order is en­ Chief Justice W. 0. Murray and 7. Guenther, Jack E. 81.7 75 .5 tered, the witness refuses to be When there is no will, Associate Justices Jack Pope and way for the Lawyers. 8. Weitzel, Raymond 81.7 24.5 sworn or refuses to answer, he H. D. Barrow. O'Mally) 9. Chastain, Buddy R. 80.4 65.5 may be held in contempt, or the court may make such orders as The Very Rev. Walter J. 1...------­ EVENING DIVISION are just, and among others, those Buehler, President of St. Mary's Domangue; Mr. and Mrs. 1. Egger, Samuel Levi 84.3 64 listed by Rule 170. Rule 170 pro­ University; Brother Gerald Spielhagen; Mr. Lee J 2. Miller, Marvin 83.1 54.5 vides for an order that the mat­ Schnepp, St. Mary's treasurer and Stanley Schoenbaum; Mr. and 3. Zirkle, Ric hard M. 81.9 66 ters regarding the character or vice-president in charge of opera­ Robert Nogueira; Mr. and tions; Mrs. Katherine Ryan, mem­ Thomas Drought; Mrs. 4. Morton, Clifford 81.8 51.5 description of the thing, oc the ber of the Board of Trustees and Miller; Mr. Robert Lee 8 5. Crites, Carl Raymond 80.6 43 contents of the paper, or any benefactor of the law school; Lt. Mr. and Mrs. John Pea 6. Evans, Charles David 80 . 1 47 other designated fact, shall be taken as es·tablished or an order Gen. Guy S. Meloy, Fourth Army Sylvan Lange; Mr. Archie 7. Paul, Norman Lewis 78 18 refusing to allow the disobedient Commander; Brig. Gen. Bert Mr. Leo Brewer and Mrs. School Average 73.2 party to support or oppose desig­ Johnson, Chief Judge Advocate wife of the dean. o--- nated claims or defenses, or an of the Air Training Command; Mrs. Justice Norvell order prohibiting him from intro­ Harry Drought, esteemed friend of awards to ducing into evidence designated the law school; Arthur A. Mr. Burke. TAX COURSES AMEMDMENTS documents or things or testimony (Continued From Page 3) or an order striking out pleadings OFFERED or parts thereof, or staying further Two Tax courses will be offer­ The intention of the deposition proceedings until the order is ed at St. Mary's School of Law procedure . was to procure testi­ obeyed, or dismissing the action this fall, Federal Income Taxation mony in advance of trial in order or proceeding or any part thereof, and Estate and Gift Taxation. The to permit the party to make trial or rendering a judgment by default course in Federal Income Taxation prepar2.tions. The 194 7 amend­ against the disobedient party. For your will meet each Monday, Wed­ ment of Rule 202 approached the Similar penalties are provided in nesday, and Friday, 8 to 9 A.M., problem differently and provided Rule 215a for the failure of a par­ commencing September 16th and that the failure of a party to ap­ ty or witness to attend the deposi­ CONVENIENCE running thru January 28th, 1960. pear, except for good cause tion. This course will be taught by shown, would authorize the court A complete Carroll Sie rk. to penalize such party by denying COURT HAS CHOICE Under the instruction of Pro­ the right to present grounds of It would be noted that these fessor Stanley Schoenbaum, Estate relief or defenses. This Rule was rules are very flexible and the court TRUST and Gift Taxation will meet each upheld in Knox vs. Long 257 is required to make only such orders DEPARTMENT Tuesday and Thursday, from 12 S.W. 2d 289, but still complete as are just, and the power given to 1 P.M., commencing September relief was not available since it is not exclusive and arbitrary but 17th and running thru January was held that a default could not rather is flexible. The court, in 28th, 1960. be taken against defendant and addition to fine or imprisonment, ---- o---- the plaintiff still had to prove a may within reason use as many "PRE-NATAL INJURIES" prima facie case. and as varied sanctions as are NET $100 necessary to balance the scales DISSENT CRITICISES of justice against any weight or Attorney Arthur A. Domangue, There was no question hut that advantage to the disobedient par­ prominent San Antonio Attorney Rule 202 improved the situation, ty. For a full discussion of this and St. Mary's graduate, pre­ but it still had its drawbacks. For subject see the "Author's Com­ sented the first annual "Domangue example, see the case of Saenz ment" in Vernon's Texas Rules Award", a $100 Savings bond to vs. Sanders 241 S.W. 2d 316 in of Civil Procedure 1959 Pocket AI Coco, senior law student. which the Court of Civil Appeals Pares following the various The award, presented at the upheld rhe action of the trial court amendments and additions to the COMMERCE AT NAVA Awards Day Banquet, is given in refusing to set a case for trial, rules. to the person writing an out­ but this h o 1 ding was strongly No longer can the excuse be standing legal paper in the field criticized in the dissent. offered that the refusal of the op­ of Torts or Workman's Compen­ Rule 215a places under the posing party to cooperate prevents sation. Mr. Coco wrote on "Modern control of the court the matter of a party from making adequate trial Views on Recovery for Pre- Nate! dealing with witnesses and par­ preparations. The 195 7 amend­ Injuries" ties who refuse to make pre-trial ments have provided the tools by The treatise was judged by a disclosure by deposition. If a which any alert attorney may un­ OUR POLICY committee headed by Attorney party or other witness refuses to cover and discover all the facts Adrian Spears, President of the answer any question, the oral ex­ relied on by his opposing coun­ San Antonio Bar Association. amination or the written interroga- sel. The use of these tools should IS TO RETAIN materially aid the disposition of as counsel to the Estate DATES TO REMEMBER or Trust November 12th, 13th, 14th .. Home builders Law Institute Hilton Hotel ·qou.:iE AT{TttE · San Antonio, Texas. Co- sponsored by the N~tional Home: · un er builders Association, John Peace, Chairman. H 0 TEL During February 1960 ...... Condemnation proceedings, a two day in­ the ATTORNEY selected stitute to be held in Corpus Christi Texas in cooperation with Nuece s County Bar Association: ' by the Testator or Trustor April 28th, 29th, 1960 .... Annual Estate Planning and Federal Tax­ ation, Institute. Professor Schoenbaum, Chairman. SMORGASBORD to prepare the For the finest cuisine, superbly ST. MARY'S UNIVERSITY Non-Profit Organization prepared, you'll always enjoy the Will or Trust agreement SCHOOL OF LAW U.S. POSTAGE endless variety of the famous 112 College Street Gunter Smorgasbord. P A I D San Antonio, Texas San Antonio, Texas LUNCHEON 11,45 A.M. - 2,JQ P . M. Permit No. 787 DINNER 5,45 P. M. -9:00P.M• • lOFFEE SHOP

For excellent food, or just a snack, anytime of the day or night, visit the Gunter Coffee Shop. OPEN 24 HOURS A DAY