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Articles 14071 - 14100 of 14224
Full-Text Articles in Entire DC Network
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Articles
In the last edition of "Sedgwick's Elements of the Law of Damages" the author says (p. 232) that the subject of liquidated damages has been put in a new light by the two cases of the Sun Printing and Publishing Association v. Moore1 and the Clydebank R. &S. Co. v. Castaneda,2 and that they may be expected to have a considerable effect upon the further development of the law on the subject. The learned author then presents the old canons of interpretation with full illustration from the cases, followed by the citation of the decisions above mentioned, and concludes that …
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Articles
We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …
Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus
Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus
Articles
In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …
Communications, James Parker Hall
Liability Of An Agent To Third Persons In Tort, Floyd R. Mechem
Liability Of An Agent To Third Persons In Tort, Floyd R. Mechem
Articles
No abstract provided.
Liability Of Master For Wilful Or Malicious Acts Of Servant, Floyd R. Mechem
Liability Of Master For Wilful Or Malicious Acts Of Servant, Floyd R. Mechem
Articles
No abstract provided.
Agent's Right To Sue Upon Contracts, Floyd R. Mechem
Constitutional Limitations And Labor Legislation, Ernst Freund
Constitutional Limitations And Labor Legislation, Ernst Freund
Articles
No abstract provided.
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Articles
When Mr. Justice NELSON, in the New Jersey Steam Navigation Company v. Merchants Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Articles
Not infrequently the legislatures of various states have deemed it advisable to provide by law for the time and manner of payment of wages of men engaged in certain designated employments; and these laws have been the cause of considerable litigation. Their validity has been challenged mainly on the ground of deprivation of property without due process of law and denial of the equal protection of the law, the contention being that the refusal of the privilege of contracting for the manner and time of payment is a deprivation of liberty and property, and the classification of men in certain …
State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus
State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus
Articles
The line between regulations of intrastate and interstate commerce is difficult to draw and hard to maintain. This is well illustrated in the recent case of St. Louis Southwestern Railway Company v. Arkansas, decided by the Supreme Court of the United States April 4, 1910, Advance Sheets, May I, 1910, p. 476, 30 Sup.Ct. 476.
What Is Interstate Commerce?, Horace Lafayette Wilgus
What Is Interstate Commerce?, Horace Lafayette Wilgus
Articles
In the case of International Text-book Company v. Pigg, Advance Sheets May 1, 1910 (30 Sup. Ct. 481) the Supreme Court of the United States, decided April 4, 1910, that a "corporation engaged in imparting instruction by correspondence, whose business involves the solicitation of students in other states by local agents, who are to collect and forward to the home office the tuition fees, and the systematic intercourse between the corporation and its scholars and agents, wherever situated, and the transportation of the needful books, apparatus, and papers," is engaged in interstate commerce, and a state statute which makes the …
Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler
Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler
Articles
In Fisher v. Greensboro Water Supply Company, 128 N. C. 375, it was held that the defendant water company was liable in damages in an action of tort for negligent failure to furnish sufficient water pressure in the mains of the city, by reason of which negligence the plaintiff's house was burned. The only duty on the part of the defendant to furnish water grew out of a contract made by the company with the city and the fact that the defendant had entered upon the business of supplying water pursuant to such contract.
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Articles
Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a wide-spread …
New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton
New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton
Articles
Is a covenant in restraint of a particular trade and unlimited as to space against public policy and therefore void and unenforceable? Long ago an English judge, in speaking of the making of contracts, protested against arguing too strongly upon public policy. "It is a very unruly horse, and, when once you get astride it, you never know where it will carry you."1 Right he was and is, and the judge who would keep his saddle must be a good rider, for the horse shies badly on the way at every new condition in trade and commerce, occasioned by recent …
The Struggle For A Perpetuity, John R. Rood
The Struggle For A Perpetuity, John R. Rood
Articles
It is natural for us moderns to conceive of the right to alienate as an inseparable incident of ownership, since we have known no other condition; and in the modern books and decisions the subject is generally disposed of with the curt statement as if it were a truism. It is believed that to such as are not familiar with the history of that doctrine a review of the struggle through centuries, by which it was finally established on its present firm foundation, would not be devoid of interest.
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Articles
"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in progressive …
Purchase Of Shares Of Corporation By A Director From A Shareholder, Horace Lafayette Wilgus
Purchase Of Shares Of Corporation By A Director From A Shareholder, Horace Lafayette Wilgus
Articles
It is generally laid down in the encyclopedias and text books, and affirmed in many court opinions that "the doctrine that officers and directors [of corporations] are trustees of the stockholders, applies only in respect to their acts relating to the property or business of the corporation. It does not extend to their private dealings with stockholders or others, though in such dealings they take advantage of knowledge gained through their official position."1 Much of this doctrine is based upon the language of Chief Justice SHAW in Smith v. Hurd2 decided in 1847. He said: "There is no legal privity, …
Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler
Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler
Articles
Public opinion and the development of social and economic thought are well read in the decisions, of the courts. An excellent illustration: of this is found in the recent case of Ritchie & Co. et al. v. Wayman, 244. Ill. 509, 91 N. E. 695, decided April 21, 1910.
The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler
The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler
Articles
During the special session of Congress held the past summer there was enacted as an amendment to the new Tariff Law what is generally known as the Federal Corporation Tax.1 At the time of its consideration in Congress and since its enactment there has been considerable discussion regarding the constitutionality of the measure, and no little doubt has been expressed as to its validity.
The Right Of Privacy At Common Law, Henry M. Bates
The Right Of Privacy At Common Law, Henry M. Bates
Articles
It is quite evident that the question as to whether there is a right of privacy at common law must be met by the courts in most of our states in the not distant future, unless indeed the right is created or declared by the legislatures.
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Articles
The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.
Taxation Of Easements, Bradley M. Thompson
Taxation Of Easements, Bradley M. Thompson
Articles
In the case of Lever v. Grant,1 the supreme court passed incidentally upon the effect of a tax deed on an easement appurtenant to the estate on which the delinquent taxes had been levied. From the facts in that case it appears that in 1884 the owner of a parcel of land in the city of Detroit, bounded on the west by Woodward avenue, platted the same. The plat shows a street on the north side extending from Woodward avenue east thirty feet wide, one-half the width of an ordinary street. This street was named Custer Avenue. The next year, …
Corporation Liens On Stock, Edson R. Sunderland
Corporation Liens On Stock, Edson R. Sunderland
Articles
At common law a corporation had no lien upon its stock for assessments unpaid or for debts due it from its shareholders.6 There are therefore but four possible methods by which liens could be created in favor of the corporation upon the stock which it issues, (i) by statute, (2) by charter, (3) by by-law, (4) by contract.
Employer's Liability, Floyd R. Mechem
The Study Of Law By Correspondence, James Parker Hall
The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake
The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake
Articles
The general subject of wills upon consideration seems to have given courts and jurists a good deal of trouble, not only in England and America, but also in the continental countries. The Code Napoleon appears in terms actually to prohibit the making of reciprocal or mutual wills in the same instrument.
Valuing Property And Franchises Of Public Service Corporations For Fixing Rates, Horace Lafayette Wilgus
Valuing Property And Franchises Of Public Service Corporations For Fixing Rates, Horace Lafayette Wilgus
Articles
The Supreme Court of the United States has recently decided two important cases relating to the proper valuation of the property of public service corporations for the purpose of fixing rates to be charged for their services. These are Knoxille v. Knoxville Water Company, 211 U. S.--. 29 S. C. 148, and Willcox Y. Consolidated Gas Co.. -- U. S. --. 29 S. C. 192,a both decided January 4, 1909.
Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins
Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins
Articles
Right to practice medicine regulated by statute.--In the absence of a statute upon the subject, any person is at liberty to practice medicine or surgery or both. This is the common law. And yet in the absence of a statute the physician necessarily assumes certain responsibilities that grow out of his relation to those whom he treats. He is bound to bring to the discharge of his duties the learning, skill and diligence usually possessed and exercised by physicians similarly situated. In other words, while in the absence of statutory regulation, the door of the profession is open to all, …
English Law As An Exponent Of English History, Edson R. Sunderland
English Law As An Exponent Of English History, Edson R. Sunderland
Articles
It is not my purpose to unduly emphasize the light which the study of the laws of a people throws upon its character and development. The teaching of history should be broad enough to recognize the importance of all sides of national life. But I believe there has never been a sufficient appreciation of the real wealth of suggestive and illuminating material which is contained in the history of English law. For the English have been pre-eminently a legal race. In the study of Roman History Roman Law has always occupied a prominent place. The Romans made their reputation, so …