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Articles 19741 - 19770 of 20011
Full-Text Articles in Entire DC Network
The Contents Of Covenants In Leases, Harry A. Bigelow
Is A Constitutional Convention In Illinois Desirable At This Time?, James Parker Hall
Is A Constitutional Convention In Illinois Desirable At This Time?, James Parker Hall
Articles
No abstract provided.
Supplemental Acts, Ernst Freund
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Articles
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Articles
Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …
The Registration Of Land Titles, John R. Rood
The Registration Of Land Titles, John R. Rood
Articles
It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles, adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Articles
PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Articles
Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to such entry be required to surrender a right or …
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
Articles
Though at one time in England there may have been some doubt as to the character of a riparian owner's rights in the waters of the stream, it must be considered as definitely settled by a series of cases that the doctrine of reasonable use by all the proprietors on the stream is the rule of the common law, and that the matter of priority of use or appropriation is, under that system, immaterial, unless, of course, a question of prescriptive right is involved. Wright v. Howard, 1 Sim. & S. 190; Mason v. Hill, 3 B. & Ad. 304, …
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Articles
A recent Oklahoma case raises one phase of a question which has been perplexing the courts ever since jury trials were invented, and in regard to which there is a great contrariety of opinion. After a verdict had been rendered for the plaintiff in a personal injury suit, the defendant made a motion for a new trial on the ground of misconduct of the jury, and in support of his motion offered the affidavits of several of the jurors to the effect that the verdict was determined upon as the result of an agreement whereby each one of the jurors …
Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
Articles
While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. See 12 MICH. L. REV. 144. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect of making such lands inalienable by the railroad companies whether …
Some Recent Developments In The Department Of Law, Henry M. Bates
Some Recent Developments In The Department Of Law, Henry M. Bates
Articles
The present continues to be a period of rapid and interesting development in legal education. The criticisms to which the law and its administration by courts and lawyers have been subjected during the last few years very naturally and properly has led to a careful reconsideration of existing methods of legal instruction in the hope that they might perhaps be improved. The truth is that scientific legal education, comparatively speaking, is still in its infancy both in England and in the United States. Instruction in law of the dogmatic and supposedly purely practical kind has long been carried on efficiently …
Jurisprudence: A Formal Science, Joseph H. Drake
Jurisprudence: A Formal Science, Joseph H. Drake
Articles
Holland defines jurisprudence as "the formal science of positive law". The meaning of science is plain enough. A good many pages are devoted to the elucidation of the words "positive" and "law," but the term "formal" he explains only by analogy. As there is a formal science of grammar to which belongs, for example, the concept of possession, which has its material manifestation in Latin grammar in a genetive termination and in English grammar in the preposition "of," so there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal …
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Articles
That the practice of law and the administration of justice are under the fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and what are we lawyers going to …
Content Of Covenants In Leases, Harry A. Bigelow
Pecote': A Bit Of Legal Archaeology, Joseph H. Drake
Pecote': A Bit Of Legal Archaeology, Joseph H. Drake
Articles
In the case of Pusey v. Pusey, 1 Vern. 273 (1684), the "bil was, that a horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in his bill charged it to be an …
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Articles
At least since the decision in Poole's Case, 1 Salk. 368 (1703), it has been considered as settled that a tenant has the right to remove trade fixtures placed, upon the demised premises for the purpose of furthering his trade. There is a well-marked tendency in some jurisdictions to greatly extend this right of removal so as to include anything added by the tenant to the leased property "in furtherance of the purpose for which the premises were leased." Hayward v. School District, 139 Mich. 541, 102 N. W. 999; Bircher v. Parker, 40 Mo. 118; Heddrick v. Smith, 103 …
The Character Of User In Prescription, Ralph W. Aigler
The Character Of User In Prescription, Ralph W. Aigler
Articles
As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during the entire prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 AM. & ENG. ENCY. L. & P. …
The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake
The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake
Articles
AIthough our text-books say that the rule of certainty is "more fundamental than any rule of compensation because compensation is allowed or disallowed subject to it," (cf. SEDGWICK, EL. or DAMAGES, p. 12) nevertheless the tendency of the courts seems to be to save the equitable principle of compensation at the expense of certainty. A striking illustration of this is found in a recent case in the Court of Appeal, Chaplin v. Hicks, C. A. [1911] 2 K. B. 786. The defendant, a theatrical manager, agreed to give positions as actresses to persons chosen by the votes of the readers …
Depositors' Checks In Payment Of Matured Obligations Held By Drawee Bank As Preferences, Ralph W. Aigler
Depositors' Checks In Payment Of Matured Obligations Held By Drawee Bank As Preferences, Ralph W. Aigler
Articles
Since the case of New York County Bank I. Massey, 192 U. S. 138, there has been no doubt as to the right of a debtor of a bankrupt's estate to exercise the right of set-off as preserved by § 68a of the Bankruptcy Act. In that case it was laid down dearly that such right of set-off may be exercised despite the provisions of § 60a, which covers the matter of preferences. The question very frequently arises when bankers apply deposit balances upon matured obligations of customers. If such application is made within four months of the time when …
How To Beat The Rule Against Perpetuities, John R. Rood
How To Beat The Rule Against Perpetuities, John R. Rood
Articles
Many people seem to think that the lawyer's problem is not so much to know what the law is as to know how to get all they want while obeying the law to the letter. In the case of perpetuities the history of nearly a thousand years of our law shows an almost unbroken series of disastrous failures of the best-laid schemes to violate the public policy of freedom of alienation.
The New Federal Equity Rules, Robert E. Bunker
The New Federal Equity Rules, Robert E. Bunker
Articles
On November 4, 1912 the Supreme Court of the United States, by formal order, adopted and established a code of rules for the courts of equity of the United States, which should take the place of all rules theretofore prescribed by the Supreme Court and then in force. Rule 81 provides: "These rules shall be in force on and after February 1, 1913, and shall govern all proceedings in cases then pending or thereafter brought, save that where in any then pending cause an order has been made or act done which cannot be changed without doing substantial injustice, the …
The Lien Theory Of The Mortgage--Two Crucial Problems, Edgar N. Durfee
The Lien Theory Of The Mortgage--Two Crucial Problems, Edgar N. Durfee
Articles
In a recent article in this review1 the writer discussed in a general way the nature of a mortgage of real property in the states which adopt the lien or equitable theory of the mortgage. The conclusion therein arrived at was that, while the mortgage does not convey the legal title to the land until foreclosure, it does convey to the mortgagee, at the time of its execution, a present interest in the land, the general ownership of which remains in the mortgagor-an interest which is limited and special, more analogous to an easement than to general ownership; which is …
The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard
The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard
Articles
Two cases, decided by the Supreme Court of the United States on March 1O, 1913, may be considered together. They are developments of the cases reviewed in 11 MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of "household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed a judgment against the carrier for the full value. 91 Ark. 97, 121 S. W. 932, 134 A. S. R. 56. On …
Compulsory Service In Office, W. Gordon Stoner
Compulsory Service In Office, W. Gordon Stoner
Articles
It was "the policy of prudent antiquity," as Lord COKE has said, "that officers did ever give a grace to the place, and not the place only grace (to) the officer."1 A modern expression of a similar thought is found in the maxim, "the office should seek the man and not the man, the office." Have we Americans reversed the process? Have we lost sight of these ideals? Certain it is that some popular notions which are not consistent with the spirit of these maxims have grown up in this country. Offices have come to be regarded too much as …
Directing A Verdict For The Party Having The Burden Of Proof, Edson R. Sunderland
Directing A Verdict For The Party Having The Burden Of Proof, Edson R. Sunderland
Articles
The practice of moving for a directed verdict is the modern substitute for the old demurrer to the evidence. The reason for its development at the expense of the older procedure is not far to seek. The demurrer to the evidence was in the first place cumbersome and difficult to draw, for it was required to contain a full written recital of all the facts shown in evidence by the opposite party, together with all reasonable inferences favorable to the party who introduced the evidence.1 The preparation of such a demurrer usually required the expenditure of much time and labor.
Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus
Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus
Articles
To arrive at a safe conclusion as to the validity of legislation. providing for teachers' pensions requires some consideration of all pension legislation. A pension is defined by BOUVIER as "A stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services performed by him for the country;"1 "a periodical allowance of money granted by the government for services rendered;"2 "a stated payment to a person in consideration of the past services of himself or of some kinsman or ancestor;"3 "an annuity from the government for services rendered in the past;"4 "a …
Admiralty Jurisdiction And State Waters, John B. Waite
Admiralty Jurisdiction And State Waters, John B. Waite
Articles
The case of Ex parte Boyer1 closes with the statement that it "does not raise the question whether the admiralty jurisdiction of the district court extends to waters wholly within the body of a state, and from which vessels cannot so pass as to carry on commerce between places in such state and places in another state or in a foreign country; and no opinion is intended to be intimated as to jurisdiction in such a case." Nor does any other case appear directly to intimate such an opinion, unless it be that of Stapp v. Clyde2 wherein a state …
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Articles
Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …
The Department Of Law And The State, Henry M. Bates
The Department Of Law And The State, Henry M. Bates
Articles
We are living in a period of extraordinary unrest. The spirit of criticism is prevalent, and no belief or creed, no institution is exempt from this questioning spirit of the time. Among social institutions perhaps none is being more relentlessly subjected to attack than the law as administered in our courts and practiced by our lawyers. It is true that much of the criticism leveled at legal institutions is unreasonable and is based upon ignorance or prejudice, but there remains a residuum of complaint which is well founded. In the very nature of things law and its administration always have …