Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 16411 - 16440 of 16693

Full-Text Articles in Law

New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton Jan 1910

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 …

Go to article

Purchase Of Shares Of Corporation By A Director From A Shareholder, Horace Lafayette Wilgus Jan 1910

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, …

Go to article

Right Of Joint Adventurers Holding All The Stock Of A Corporation To A Dissolution And Accounting In Equity, Horace Lafayette Wilgus Jan 1910

Right Of Joint Adventurers Holding All The Stock Of A Corporation To A Dissolution And Accounting In Equity, Horace Lafayette Wilgus

Articles

The case of Jackson v. Hooper, in the New Jersey Court of Errors and Appeals, decided February 28, 1910, by Judge DILL, (42 N. Y. Law Journal, March 8, 1910), overruling Vice Chancellor HOWELL, of the Court of Chancery (74 AtL. 130) presents interesting and unusual points in corporation and partnership law, and the jurisdiction of courts of equity over corporate affairs.

Go to article

Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler Jan 1910

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.

Go to article

The Right Of Privacy At Common Law, Henry M. Bates Jan 1910

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.

Go to article

Taxation Of Easements, Bradley M. Thompson Jan 1910

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, …

Go to article

Corporation Liens On Stock, Edson R. Sunderland Jan 1910

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.

Go to article

Journal Of The Senate Of The Commonwealth Of Kentucky, January 4, 1910 - March 15, 1910, Kentucky. General Assembly. Senate. Jan 1910

Journal Of The Senate Of The Commonwealth Of Kentucky, January 4, 1910 - March 15, 1910, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Go to article

Note And Comment, Richard E. Simmonds Jr., Robert T. Hughes, Ralph W. Doty Nov 1909

Note And Comment, Richard E. Simmonds Jr., Robert T. Hughes, Ralph W. Doty

Michigan Law Review

The Law School--President Angell on Larger Preliminary Requirements--Faculty Changes--Enrollment; A Misleading Opinion as to the Defense of Non-Delivery of a Negotiable Instrument in an Action by a Holder in Due Course; Qualifications of Aliens for Naturalization; Fright Without Physical Impact but Resulting in Physical Injury; Noncompliance with Statutory Requirements as a Defense to Suits Brought by Foreign Corporations Where the Irregularity Has Been Cured Subsequently to the Institution of the Suit; In Absence of Proof What is the Presumption as to the Law of a Country not of Common Law Origin

Go to article

Recent Important Decisions, Michigan Law Review Jun 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

Go to article

Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr. Jun 1909

Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr.

Michigan Law Review

The Execution of the Insured for Crime as a Defense to the Insurer, the Policy Being Silent as to This Contingency; The Power of a Corporation to Hold and Vote Stock of Another Corporation; Effect of an Agreement Not to Compromise Without consent of Attorney Upon Contract for Contingent Fees; The Pennsylvania Supreme Court and The Pennsylvania Railroad Company

Go to article

General Education Bill Of 1909, Tennessee General Assembly Apr 1909

General Education Bill Of 1909, Tennessee General Assembly

Establishment of ETSU

Passed on April 27th, 1909 by the 56th General Assembly of the State of Tennessee, the General Education Bill of 1909 established state funding for the establishment and maintenance of normal schools devoted to the education and professional training of teachers in the state of Tennessee. One normal school was established in each division of the state.Two years later, using funding from this act, East Tennessee State Normal School was founded in 1911 and would eventually become East Tennessee State University.

Go to article

Recent Important Decisions, Michigan Law Review Apr 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arson--Persons Liable--Husband or Wife; Bankruptcy--Exemptions--Homesteads; Carriers--Bill of Lading--Estoppel to Deny Receipt of Goods; Commerce--Carriers--State Regulation--Congressional Inaction; Constitutional Law--Interstate Commerce--Compelling Carrier to Share Facilities with Rival--Due Process of Law; Constitutional Law--Right to Engage in the Business of an Undertaker; Counties--Railway Aid Bonds--Conditions Precedent; Covenants--Power of Court of Equity to Compel Release of, as Cloud on Title; Divorce--alimony--Divorce Granted Against Wife; Eminent Domain--Appropriation of Property--Street Railway Addition Burden; Evidence--Admissibility of Confessions; Evidence--Hearsay Declarations of Pedigree; Execution--Sale--Inadequacy of Price--Setting Aside; Insurance--Exception in Fire Insurance Policy--"Cotton in Open Cars"; Insurance--Right to Sue on Indemnity Policy--Payment of Loss by Receiver's Note; Intoxicating Liquors--Illegal Sale--Ordinance--Validity; Intoxicating …

Go to article

Prosecuting And District Attorneys, Henry M. Bates Jan 1909

Prosecuting And District Attorneys, Henry M. Bates

Book Chapters

Professor Bates defines his subject matter "Prosecuting and district attorneys are judicial officers of the state, within their respective districts, although not officers of the state at large. Under some statutes they are county officers, while under others they are not, but are circuit or district officers.... Like other attorneys, prosecuting and district attorneys are officers of the court; but they are not a part of the court because of their office." A two-page outline precedes the entry.

Go to article

Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck Jan 1909

Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck

Michigan Law Review

The Ownership of Sunken Logs; Combination Among Physicians to Fix Prices for Professional Services; The Issuance of Receivers' Certificates to pay Interest, Etc.; The Federal Constitution is Not Violated by a State Law Compelling one Accused of Crime to Testify Against Himself; Transfer of Negotiable Instrument Without Endorsement

Go to article

Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba Jan 1909

Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba

Cuban Law

Han sido dos las ideas generadoras de la Ley: organizar en carrera especial, el servicio activo y permanente de la administración civil e independizar, hasta donde fuere posible, de la influencia política, la Administración. Sobre estos dos pensamientos fundamentales se desenvuelve el articulado de la Ley.

Go to article

The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake Jan 1909

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.

Go to article

The Kansas 'Manhattan Cocktail Case' And Some Others Concerning Judicial Notice, James H. Brewster Jan 1909

The Kansas 'Manhattan Cocktail Case' And Some Others Concerning Judicial Notice, James H. Brewster

Articles

Some anti-prohibitionists may think they have an "eye-opener" in the recent Kansas decision that judicial notice will be taken of the intoxicating properties of a Manhattan cocktail: State v. Pigg, 97 Pac. 859.

Go to article

Valuing Property And Franchises Of Public Service Corporations For Fixing Rates, Horace Lafayette Wilgus Jan 1909

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.

Go to article

Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins Jan 1909

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, …

Go to article

Combination Among Physicians To Fix Prices For Professional Services, Harry B. Hutchins Jan 1909

Combination Among Physicians To Fix Prices For Professional Services, Harry B. Hutchins

Articles

The case of Rohlf v. Kasemeer et al., decided by the Supreme Court of Iowa, November 18, 1908, and reported in 118 N. W. Rep., p. 276, although primarily upon the construction of a local statute, involves a question of general interest. The plaintiff therein, who is a physician, together with thirteen others of the same profession, all residing and practicing in the same county, entered into an agreement, combination or understanding, the terms of which are not given, but the object of which was to fix and maintain the fees and charges to be exacted for medical and surgical …

Go to article

Recent Important Decisions, Michigan Law Review Jun 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Persons Entitled to Take--Officer and Stock-Holder of Corporation; Agency--Brokers--contract of Employment--Middleman--When Commissions are Earned; Bankruptcy--Discharge--Vacation; Bankruptcy--Jurisdiction--Summary Proceeding; Bills and Notes--Liability of Infant on note Given for Necessaries--Misrepresentation of Age; Carriers--Passenger's Signature to Excursion Ticket; Constitutional Law--Eleventh Amendment--Jurisdiction of Federal Circuit Court--Penalty for Disobeying Rate Legislation; Constitutional Law--State Taxation--Property in Transit; Corporations--Franchise and License Distinguished; Damages--Liquidated Damages--Discounts; Death by Wrongful Act--Statute--Construction--Death Outside the State--Right to Sue; Deeds--Adverse Possession--Color of Title; Evidence--Admissions in Pleadings; Evidence--Best Evidence; Evidence--Works on History as Evidence; Extortion--Indictment--Sufficiency; Imprisonment for Debt--Solitary Confinement; Injunction--Scope of Order Restraining Strike; Insane Persons--Conveyances--Avoidance--Ejectment; Insurance--Rescission of Contract--Action for--Interest of Beneficiaries; Interstate Commerce--Regulation of, …

Go to article

Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner Jun 1908

Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner

Michigan Law Review

The Liability of a Physician for the Acts of His Partner; Municipal Taxation by Appointive Boards or Commissioners; The Right of a Married Woman to Recover for Personal Injuries; What is Corporate Action?;

Go to article

The Michigan Constitutional Convention, John A. Fairlie May 1908

The Michigan Constitutional Convention, John A. Fairlie

Michigan Law Review

A year ago the writer of this article outlined in the Michigan Law Review "Some Suggested Changes in the Constitution of Michigan," in view of the Constitutional Convention that had been called to revise the Constitution in force. Since that time the members of the convention have been elected; and after four months of earnest work, the results of its labors have been presented to the people of Michigan in the proposed revised Constitution, which will be submitted for their approval or disapproval at the general election in November of the present year. It is proposed in this article to …

Go to article

The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood Apr 1908

The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood

Michigan Law Review

It is evident that no one hard and fast rule could be applied to all cases, either in city or country, "without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …

Go to article

Note And Comment Apr 1908

Note And Comment

Michigan Law Review

The Case of Bigelow v. Calumet and Hecla Mining Company et al., Involving the Question of the Control by One Corporation of a Competing Corporation; The right of the Federal or a State government to Maintain an Action for the Recovery of Taxes; Liability of a Life Insurance Company When the Insured is Executed for the Commission of a Crime; Jurisdiction of a Court of Equity to Restrain the Commission of Criminal Acts; Municipal Contracts for Patented or Proprietary Paving

Go to article

Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey Mar 1908

Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey

Michigan Law Review

Power of Municipal Corporations to Grant Exclusive Privileges; Police Regulation of Sleeping Car Berths; The Liability of a Husband for Slander and Libel Committed by His Wife; Sufficiency of a Verdict Which Fails to Fix the Time of an Attempt to Commit Burglary, the Punishment Varying With the Time; Grantor's Remedy on Breach of Condition Subsequent;

Go to article

Physicians And Surgeons, Harry B. Hutchins Jan 1908

Physicians And Surgeons, Harry B. Hutchins

Book Chapters

Professor Hutchins's entry regarding the subject of the title. Includes voluminous cross-references and precedents. Begins with a five-page outline.

Go to article

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 7, 1908 - March 17, 1908, Kentucky. General Assembly. House Of Representatives. Jan 1908

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 7, 1908 - March 17, 1908, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Go to article

Surface Water In Cities, John R. Rood Jan 1908

Surface Water In Cities, John R. Rood

Articles

It is evident that no one hard and fast rule could be applied to all cases, either in city or country, without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …

Go to article

First Prev Next Last