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Full-Text Articles in Law
Ultra Vires Transactions, James L. Parks
Ultra Vires Transactions, James L. Parks
University of Missouri Bulletin Law Series
It used to be commonly said that if a private corporation made a contract which the legislature, creating it, expressly or impliedly prohibited it to make, all courts would be bound to treat such agreement as "illegal and therefore wholly void." This statement probably accurately expresses the orthodox attitude of courts with respect to ultra vires contracts. In some cases the same proposition, stands today, but often it has been unsatisfactory in its application, and for this reason has been relaxed in many instances to a considerable degree. The problem of giving relief upon or enforcing ultra vires agreements of …
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Index To Main Articles
University of Missouri Bulletin Law Series
No abstract provided.
Certiorari As Used By The Supreme Court In The Interest Of Harmony Of Opinion And Uniformity Of The Law, W. W. Graves
Certiorari As Used By The Supreme Court In The Interest Of Harmony Of Opinion And Uniformity Of The Law, W. W. Graves
University of Missouri Bulletin Law Series
It is not my purpose to discuss the writ of certiorari in general, but only such writ as used by the Supreme Court and as directed to the several Courts of Appeals in the interest of harmony of the case law of the state. But whilst this is the purpose I have in mind, yet some general thoughts are not inappropriate. In Missouri we have no general statutes covering the subject of certiorari, as we have covering prohibition, mandamus, habeas corpus and quo warranto. In most respects we use the writ as recognized at common law, and it is no …
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Transfer Of Property By A Pledgee, James L. Parks
Transfer Of Property By A Pledgee, James L. Parks
University of Missouri Bulletin Law Series
In certain communities, personal property of one kind or another is frequently deposited by way of pledge or pawn to secure performance of an obligation. The question as to the rights of the pledged in the property, both before and after the maturity of the debt, is of importance and the results flowing from an improper and illegal transfer of the property by the pledgee are often complicated. It is accordingly proposed, in the following pages, to consider transactions involving transfers of the property 'by the pledgee and to endeavor to formulate the rules, -which regulate his rights and obligations …