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Articles 19801 - 19830 of 20011
Full-Text Articles in Entire DC Network
Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle
Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle
Articles
It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions …
The Judicial Code Of March 3, 1911, Robert E. Bunker
The Judicial Code Of March 3, 1911, Robert E. Bunker
Articles
Near the close of its last session, the Sixty-first Congress passed an act entitled "An Act to codify, revise and amend the laws relating to the judiciary." Approved March 3, 1911, which, by its own terms, Sec. 296, is to be designated and cited as "THE JUDICIAL CODE." This act is to become operative on and after Jan. 1, 1912.
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 …
Preserving A Special Appearance, Edson R. Sunderland
Preserving A Special Appearance, Edson R. Sunderland
Articles
No personal judgment against a defendant is valid unless the court which renders it has first obtained jurisdiction over the person of such defendant. This is elementary and fundamental, and goes to the essence of the judgment. And such jurisdiction must be secured through the actual service of process upon the defendant against whom the judgment is sought or through his voluntary appearance in the action.
Pleading Estoppel, W. Gordon Stoner
Pleading Estoppel, W. Gordon Stoner
Articles
No subject is fraught with more difficulties for the pleader than that of estoppel. The problems of "when" and "how" to plead seem never so perplexing as when they arise in connection with this subject. That these problems are not confined to any day or age is evidenced by the reports from the time of Lord COKE down to the latest advance sheets of the present day reporter systems, and the lawyers of no generation have been wholly agreed on their solution. No system of pleading yet established has been free from these questions and with each general change in …
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
Articles
After twenty-one years the Sherman Anti Trust Act has been applied to the typical combination restraining interstate commerce, which that act was designed to prevent.
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 …
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.
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 …
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.
The Liability Of An Undisclosed Principal, Floyd R. Mechem
The Liability Of An Undisclosed Principal, 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.
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.
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 Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler
The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler
Articles
The case of O'Callaghan v. Dellwood Park Co., - Ill. -, 89 N. E. 1005. decided by the supreme court of Illinois, October 26, 1909, is of interest because of the holding of owners and operators of scenic railways to the same high degree of care required of railroads and common carriers of passengers in general. The action was in case for the recovery of damages for injuries suffered by the plaintiff by reason of having been thrown out of a car on defendant's scenic railway. The plaintiff had paid the usual charge for the ride and was, at the …
Interstate Commerce And State Control Of Foreign Corporations, Ralph W. Aigler
Interstate Commerce And State Control Of Foreign Corporations, Ralph W. Aigler
Articles
Corporations are the creatures of their parent state and outside the borders of the state creating them they have no existence except such as is granted them by comity. Bank of Augusta v. Earle, 13 Pet. 519; Lafayette Ins. Co. v. French, 18 How. 404; Paul v. Virginia, 8 Wall. 168; Ducat v. Chicago, 10 Wall. 410; Liverpool Ins. Co. v. Massachusetts, 10 Wall, 566; Home Ins. Co. v. Morse, 20 Wall. 445; Horn Silver Mining Co. v. New York, 143 U. S. 305; Waters-Pierce Oil Co. v. Texas, 177 U. S. 28; Security Mut. L. I. Co. v. Prewitt, …
Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster
Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster
Articles
When, a few years since, the General Assemblies of The Cumberland Presbyterian Church and The Presbyterian Church in the United States of America determined that there should be a re-union of the two bodies there were, of course, many objectors. Disputes concerning property have brought the objectors to the re-union before the courts, and in Missouri and Tennessee they have recently obtained victories.
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.
James Barr Ames, James H. Brewster
James Barr Ames, James H. Brewster
Articles
Hardly shall one name another American lawyer whose death would be as widely felt as will be that of James Barr Ames. He passed away on January eighth in the sixty-fourth year of his age.
Fright Without Physical Impact But Resulting In Physical Injury, Joseph H. Drake
Fright Without Physical Impact But Resulting In Physical Injury, Joseph H. Drake
Articles
The recent Maryland case of Green v. T. A. Shoemaker & Co., reported in 73 Atlantic Reporter, 688, (June, 1909) puts this jurisdiction squarely on the side of those courts that do allow recovery for fright alone, if physical injury is caused thereby. The court confesses that "the numerical weight of authority supports the general rule that there can be no recovery for nervous affections unaccompanied by contemporaneous physical injury," but nevertheless holds firmly with the minority of the courts to the view that there are exceptions to this rule and that this case falls within the exceptions.
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 …
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 …
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.
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, …
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 …
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, …
Canadian Legislation, 1909, George L. Clark
Canadian Legislation, 1909, George L. Clark
Articles
One of the most important matters of legislation enacted by the Canadian Parliament, during the session of 1909, was the law establishing the commission for the conservation of natural resources, (ch. 27, Statutes of Canada, 1909).
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.