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Articles 16201 - 16230 of 16693

Full-Text Articles in Law

New Hampshire Constitutional Convention, Leonard D. White Feb 1921

New Hampshire Constitutional Convention, Leonard D. White

Michigan Law Review

New Hampshire's tenth constitutional convention, upon whose labors the voters will pass judgment in November, 1920, offers a striking contrast to most constitutional conventions of recent years.' It met originally in June, 1918, sat for three days, during which it organized, appointed its committees, debated andt disposed of an important constitutional question, and then adjourned awaiting the quieter days of peace. Upon reconvening in January, igo, it concluded its work within seventeen days, at an expense of less than $5oooo, and proposed only seven amendments, five of which had been submitted to the voters by previous conventions. For a body …


The West Virginia Law Permitting Corporations To Issue Stock Without Par Value, Buckner Clay Jan 1921

The West Virginia Law Permitting Corporations To Issue Stock Without Par Value, Buckner Clay

West Virginia Law Review

No abstract provided.


A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke Jan 1921

A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke

West Virginia Law Review

This paper suggests the benefits that might be derived from the establishment and maintenance of a legislative reference bureau in West Virginia. Similar agencies are now functioning in a majority of the states and at the national capital. It is understood that a need for such a bureau has developed in this state, and that a bill providing for the creation of a legislative reference bureau will be presented to the legislature at this session.


The State Judiciary, John D. Carroll Jan 1921

The State Judiciary, John D. Carroll

Kentucky Law Journal

No abstract provided.


The Uniform Partnership Act And Its Effect Upon The West Virginia Decisions And Statutes Ii, J. R. Trotter Jan 1921

The Uniform Partnership Act And Its Effect Upon The West Virginia Decisions And Statutes Ii, J. R. Trotter

West Virginia Law Review

No abstract provided.


Judges And Advocates Of Kentucky, E. J. Mcdermott Jan 1921

Judges And Advocates Of Kentucky, E. J. Mcdermott

Kentucky Law Journal

This article was originally published in the American Law Review, vol. 4, no. 6.


The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland Jan 1921

The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland

Articles

While rules of procedure are not saved from the rude hand of the reformer by the "due process" guarantees of our constitutions, they do rest, nevertheless, under the very efficient protection of professional conservatism. Such rules are looked upon by the bench and bar as their own special concern, and innovations in this field must maintain the burden of proving their character before both the lawyer members of the legislature and the lawyers and judges who interpret them in the course of litigation. It would be natural, therefore, to expect that a proposed reform in procedure would have to meet …


Declaratory Judgments, Ralph W. Aigler Jan 1921

Declaratory Judgments, Ralph W. Aigler

Articles

The Declaratory Judgments Act of Michigan (Act No. 150, P. A. 1919) provided as follows: (Sec. 1) "No action or proceeding in any court of record shall be open to objection on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any consequential relief is or could be claimed, or not, including the determination, at the instance of anyone claiming to be interested under a deed, will or other written instrument, of any question of construction arising under the instrument and a declaration of the rights …


Public Policy And Personal Opinion, John B. Waite Jan 1921

Public Policy And Personal Opinion, John B. Waite

Articles

THE real relation of economics to law, only recently acquiring positive recognition, is illuminated by the varying decisions in regard to attempted restrictions on the enjoyment of personal property.


Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland Jan 1921

Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland

Articles

It has often been held that a party may obtain a judicial determination of his rights in respect to legislation alleged to be invalid, by means of an application to a court of equity for an injunction restraining the enforcement of the statute. Ex parte Young (1907) 209 U. S. 123, is the leading case of this type. There, a railroad rate statute was involved, which required compliance by all railroad companies in the state, under the threat of heavy penalties. The railroad actually violated the provisions of the statute after an injunction had been obtained by a stockholder restraining …


Declaratory Judgments, Edson R. Sunderland Jan 1921

Declaratory Judgments, Edson R. Sunderland

Articles

The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges …


Uniform State Laws--Reasons For Their Further Enactment In West Virginia, Henry Craig Jones Jan 1920

Uniform State Laws--Reasons For Their Further Enactment In West Virginia, Henry Craig Jones

West Virginia Law Review

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1920, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1920

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1920, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1920, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1920

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1920, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1920, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1920

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1920, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Enactment In West Virginia Of More Of The United States Laws, H. C. J. Jan 1920

Enactment In West Virginia Of More Of The United States Laws, H. C. J.

West Virginia Law Review

No abstract provided.


Public Utility Valuation - Cost Of Reproduction Theory And The World War, Edwin C. Goddard Jan 1920

Public Utility Valuation - Cost Of Reproduction Theory And The World War, Edwin C. Goddard

Articles

The very grave objections to the cost-of-reproduction theory of valuation of public utilities was pointed out at large in 15 MICH. L. REV. 205. The violent price changes following the World War have greatly increased the weight of these objections to calling anything a base which rests on such uncertainties and fluctuations as cost-of-reproduction. A base should be stable, but this has the stability Of a flying machine. There had been a rising curve of costs from 1893 to 1916, but since that date the rise has been almost vertical. The public utilities by- the thousands desire to take advantage …


Rowan County (Ky.) Circuit Court Commonwealth Docket No. 3., Rowan County (Ky.) Circuit Court Jan 1920

Rowan County (Ky.) Circuit Court Commonwealth Docket No. 3., Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The Commonwealth Docket of the Rowan County (KY.) Court. The docket has no date.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume Two, Kentucky. General Assembly. Senate. Jan 1920

Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume Two, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1920 term. This volume covers March 3, 1920 to March 10, 1920.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume Three, Kentucky. General Assembly. Senate. Jan 1920

Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume Three, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1920 term. This volume covers March 11, 1920 to March 17, 1920. This volume includes the index for all three volumes.


Ley Aumentando Los Haberes De Los Empleados Del Estado, República De Cuba. Senado Jan 1920

Ley Aumentando Los Haberes De Los Empleados Del Estado, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Modificando algunos apartados de la Ley de Impuestos de 31 de Julio de 1917.


The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland Jan 1920

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland

Articles

It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …


Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard Jan 1920

Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard

Articles

The economic convulsions due to the World War are abundantly reflected in the relations between the public and their public utilities operating under franchises fixing rates for service. The enormous rise in cost of labor and materials has, in many cases, so reduced the net income of such utilities as to make it a negative quantity at existing franchise rates. The utilities are crying to be saved from bankruptcy, but the unfortunate suspicion bred by past dealings of many such companies has made the public skeptical, and perhaps in many cases entirely unreasonable. In some cases plain selfishness may explain …


Married Women - The Husband's Right To His Wife's Services And To Her Earnings, Evans Holbrook Jan 1920

Married Women - The Husband's Right To His Wife's Services And To Her Earnings, Evans Holbrook

Articles

A Michigan statute passed in 1911 (LAWS OF 1911, ch. 196; COMP. LAWS 1915, § 11478) provided that a married woman should be "entitled to * * * earnings acquired * ** * as the result of her personal efforts." A married woman, before 1911, had worked as housekeeper for X and had continued to work for him after 1911; on his death she filed a claim against his estate for her services during the whole period. Held, she could not recover for the period before 1911, as her services and earnings prior to that date belonged to her husband.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume One, Kentucky. General Assembly. Senate. Jan 1920

Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume One, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1920 term. This volume covers January 6, 1920 to March 2, 1920.


Judicial System Of Michigan Under Governor And Judges, W L. Jenks Nov 1919

Judicial System Of Michigan Under Governor And Judges, W L. Jenks

Michigan Law Review

When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …


Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum Jun 1919

Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum

Michigan Law Review

Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act


Mutual Wills, Edwin C. Goddard Jun 1919

Mutual Wills, Edwin C. Goddard

Articles

SO LATE as 1822 Sir John Nicholl is reported to have said in Hobson v. Blackburn, that a mutual, or conjoint will is an instrument "unknown to the testamentary law of this country; or, in other words, that it is upknown, as a will, to the law of this country at all. It may, for aught that I know, be valid as a compact." In Darlington v. "Pulteney, Lord MANSFIELD said, "there cannot be a joint will." Following these distinguished and learned judges, Jarman and Williams in their classical treatises accepted the statement of Sir John, and some early American …


Recent Important Decisions, Michigan Law Review Jun 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arrest - Right of Officer to Kill when Serving Warrant for Misdimeanor- Defendant-had a warrant for the arrest of one White, charging him with being drunk and disorderly. When the defendant served the warrant, White advanced upon him with an open knife. Although the defendant had a chance to escape through an open door, he shot and wounded White. In the prosecution of defendant for shooting and wounding White, it was held that the defendant was justified in shooting him. State v. Dunning (N. C., igig), 98 S. E. 530


Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour May 1919

Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour

Articles

ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to …