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Articles 361 - 367 of 367
Full-Text Articles in Law
The "Law Reports", Nathan Abbott
The "Law Reports", Nathan Abbott
Articles
The period between the years 1860 and 1870 marks an interesting stage in the history of law reporting. Within this period a system of reporting that had existed for upward of three centuries came to an end, and an experiment was begun whereby it was hoped to produce reports not merely in a new way, but reports that were to be materially different in form and substance from those of the previous system. The conception of the enterprise and its successful accomplishment is due to the energy and discretion of one man, whose history of the affair, after twenty years …
Compensation Of Experts, Henry W. Rogers
Compensation Of Experts, Henry W. Rogers
Articles
The law relating to the compensation of experts is somewhat unsettled, and the cases are not numerous in which the subject has been considered. This very fact, however, lends additional interest to the subject, and the question is one of great importance. In some of the States the law expressly provides that when a witness is summoned to testify as an expert he shall be entitled to extra compensation. Such a provision may be found in the laws of Iowa, of North Carolina, and of Rhode Island.
The Remedies For The Collection Of Judgments Against Debtors Who Are Residents Or Property Holders In Another State, Or Within The British Dominions, Thomas M. Cooley
The Remedies For The Collection Of Judgments Against Debtors Who Are Residents Or Property Holders In Another State, Or Within The British Dominions, Thomas M. Cooley
Articles
Whenever a party who has obtained a judgment in one state or county has occasion to take proceedings for its enforcement in another, he finds-perhaps to his surprise-that his judgment as such has no extra-territorial force, but that in other jurisdictions it is merely evidence of a settled demand, upon which judgment must be obtained in a new suit before there can be process for its enforcement. A creditor cannot, for example, upon a judgment recovered in New York, have an execution in Pennsylvania; for courts issue executions only upon their own judgments; and while it would no doubt be …
The Limits To Legislative Power In The Passage Of Curative Laws, Thomas M. Cooley
The Limits To Legislative Power In The Passage Of Curative Laws, Thomas M. Cooley
Articles
There has always been some regret that, when the Federal judiciary was called upon to interpret and apply the prohibition in the Constitution of ex post facto laws,1 it did not reach the condlusion that retrospective laws were forbidden, as well where they applied to civil rights as when they concerned criminal liabilities or penalties. The famous twenty-ninth chapter of the great charter placed the protection of liberty and property upon the same basis, and the power to reach the one by indirection is subject to the same objections in principle, that could be urged against the power to reach …
Some Hints On Defects In The Jury System, James V. Campbell
Some Hints On Defects In The Jury System, James V. Campbell
Articles
The occasional freaks of juries have now and then led some members of the bar to speculate on the policy of doing without them entirely, and some persons no doubt think that they have strong convictions that the jury system has become useless. It is safe to say that these extreme views are altogether speculative, and not based on any careful comparison of results. Most persons who have looked into their own experience with courts and juries are ready to agree that where there is no dispute about main facts, so that the chief dispute is one of law, there …
Some Checks And Balances In Government, Thomas M. Cooley
Some Checks And Balances In Government, Thomas M. Cooley
Articles
The purpose of the present paper is not to discuss the broad general subject of checks and balances in this, or any other, government. but to call attention to a few considerations only. These, in the main, affect the executive and the judiciary, rather than the legislature; and they will serve to show, perhaps, that neither of them can always, and under all circumstances, rely upon any very sure protection to its legitimate powers. It is one thing, unfortunately, to put intricate machinery in motion, and another, and quite a different, thing, to make it, under unforeseen occurrences, work out …
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Articles
The judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution. It will be the purpose of this article to show the reasonableness and meaning of this principle.