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Articles 8101 - 8130 of 8398
Full-Text Articles in Law
Trusts--Effect Of Statute Of Frauds, J. D. D.
Trusts--Effect Of Statute Of Frauds, J. D. D.
West Virginia Law Review
No abstract provided.
Tenant By Curtesy--Acts 1921--Construction, J. R. D.
Tenant By Curtesy--Acts 1921--Construction, J. R. D.
West Virginia Law Review
No abstract provided.
Judicial Sales, F. C. Leftwich
The Ownership Of Petroleum Oil And Natural Gas In Place, D. Edward Greer
The Ownership Of Petroleum Oil And Natural Gas In Place, D. Edward Greer
West Virginia Law Review
No abstract provided.
Landlord And Tenant--Injunction To Stay Waste, J. D. D.
Landlord And Tenant--Injunction To Stay Waste, J. D. D.
West Virginia Law Review
No abstract provided.
Dedication To Public Use--What Constitutes--Acceptance, R. J. R.
Dedication To Public Use--What Constitutes--Acceptance, R. J. R.
West Virginia Law Review
No abstract provided.
Constitutional Law--Police Power, Regulation, And Confiscation
Constitutional Law--Police Power, Regulation, And Confiscation
Michigan Law Review
Whether the power be taken away directly, or be deadened and atrophied in its action by adverse criticism and demagogic clamor, when the judiciary no longer feel at liberty to construe the provisions of the fundamental Law 'in the light of reason,' constitutional government, in the sense in which it has been understood for a century and a half, will be at an end, and the doctrine of the police power will have been swallowed up in the capacious maw of unrestrained democracy." 27 HARV. L. REV. 316. Mr. Wickersham penned this warning during the period when the swell of …
Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green
Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green
Michigan Law Review
The struggle of the concept of moral blameworthiness to supplant the primitive notion that a person acts at his peril as a basis of responsibility in the field of tort touches every nook and cranny of the common law. The necessity of making use of the same procedure by which the older concept was developed has proved a great hindrance in the way of a quick and complete conquest by the notion of responsibility based upon fault. Negligence cannot yet claim a complete mastery over trespass in the field of unintended violent harms. Nevertheless, in so far as a change …
The Law Of Property Act, 1922, Joseph Warren
The Law Of Property Act, 1922, Joseph Warren
Michigan Law Review
The English law of property legislation, which has been pending for over two years, was passed June 29 last. It will take effect January 1, 1925. For a century the reform of the law of real property has been a burning question in England-far more so than with us. Judges, lawyers, solicitors, conveyancing experts have all taken an active part. Learned societies have spoken through committees and royal commissions have reported. Piece by piece many of the antiquities have been abolished. But no reform is as far-reaching as the present act. In January, 1919, the Acquisition and Valuation of Land …
Rights Of Finders, Ralph W. Aigler
Rights Of Finders, Ralph W. Aigler
Articles
Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.
Perpetuity Statutes, Edwin C. Goddard
Perpetuity Statutes, Edwin C. Goddard
Articles
THE common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …
Purchaser For Value, J. W. M.
Rights Of Finders, Ralph W. Aigler
Rights Of Finders, Ralph W. Aigler
Articles
Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has in this particular field led to special difficulty.
Descriptions In Conveyances
Michigan Law Review
Few of the general public realize how much trouble people pile up for themselves and others by having, in the interest of economy, deeds ,and other legal documents drawn up by unskilled draughtsmen. The readily accessible prepared form which looks so easily filled in, is a constant invitation to this practice. In the field of conveyances it is peculiarly important that the instruments be carefully and wisely drawn, for the possible troubles arising from careless or unskillful preparation are not limited to the original parties. Every lawyer has had frequent occasion in the examination of titles to land to consign …
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Michigan Law Review
The documents which form the subject of this paper are part of the Michigan Collection of Papyri recently acquired by Professor F. W. Kelsey in Egypt and secured for the University by the generosity of the Regents and certain friends and alumni, among the latter Mr. J. W. Anderson, of the Law Class of 189o. A large proportion of these documents are of a legal nature, and from these I have selected for translation four, which may be regarded as typical specimens of their respective classes.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Certainty Requisite In Deeds As To Parties Grantee, Frederick L. Lemley
Certainty Requisite In Deeds As To Parties Grantee, Frederick L. Lemley
West Virginia Law Review
No abstract provided.
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Michigan Law Review
In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Michigan Law Review
The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …
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 …
Constitutionality Of Emergency Rental Regulation, Walter F. Dodd
Constitutionality Of Emergency Rental Regulation, Walter F. Dodd
West Virginia Law Review
No abstract provided.
El Pacto De "Dominio Reservado" En Las Legislaciones Modernas Y En Nuestra Legislación, Mario Díaz Cruz
El Pacto De "Dominio Reservado" En Las Legislaciones Modernas Y En Nuestra Legislación, Mario Díaz Cruz
Cuban Law
Conferencia pronunciada en la Academia de Derecho de La Habana, el día 16 de febrero de 1922
Interference With Oil And Gas Rights, J. W. M.
Interference With Oil And Gas Rights, J. W. M.
West Virginia Law Review
No abstract provided.
Property Rights Of Married Women In Kentucky, W. Lewis Roberts
Property Rights Of Married Women In Kentucky, W. Lewis Roberts
Kentucky Law Journal
No abstract provided.
Operation And Effect Of Recording, Ralph W. Aigler
Operation And Effect Of Recording, Ralph W. Aigler
Articles
While the operation of the recording acts is not uncommonly said to result in a preference of the earlier recorded instrument on the ground that under the circumstances the later grantee takes "with notice," the true view in the normal case would seem to be that the earlier grantee is preferred because priority in time gives priority in right-and by recording, he has done all that is required to preserve that favored position. Recording does not ordinarily give preference, it merely safeguards priority. Reference is here made to the normal case because it is, of course, true that there are …
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Articles
The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that he does not waive it, yet all such stipulations …
The Law Of Subjacent Support And The West Virginia Rule, C. P. H.
The Law Of Subjacent Support And The West Virginia Rule, C. P. H.
West Virginia Law Review
No abstract provided.