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Articles 8851 - 8880 of 9012
Full-Text Articles in Law
Presumptions--Burden Of Proof, Victor H. Lane
Presumptions--Burden Of Proof, Victor H. Lane
Articles
The case of Gillett v. Michigan United Traction Co. (Michigan, April 3rd, 1919), 171 N. W. 536, arose out of the following facts: Plaintiff, driving a Ford car with the curtains down, turned from the curb at the side of the street where he had stopped, to cross the interurban car tracks which ran through the center of the street in the city of Marshall, and as he drove his machine upon the track was struck by an interurban car and seriously injured. The evidence established beyond question, negligence of the defendant, by showing that the car was, at the …
Partnership--Liability For Libel Published By One Partner
Partnership--Liability For Libel Published By One Partner
West Virginia Law Review
No abstract provided.
Liability For Damages Resulting From An Unforeseeable Flood, H. C. J.
Liability For Damages Resulting From An Unforeseeable Flood, H. C. J.
West Virginia Law Review
No abstract provided.
Reversal And Retrial Exclusively On The Quantum Of Damages, L. C.
Reversal And Retrial Exclusively On The Quantum Of Damages, L. C.
West Virginia Law Review
No abstract provided.
A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
Articles
In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential. If this is true, it must be because there is something in civilization itself which diminishes the necessity for a resort to actual force in sustaining the judgments of courts. And it is quite clear that civilization does supply an element which is theoretically capable of entirely supplanting the exercise of force in the assertion of jurisdiction. This …
Equitable Servitudes, George L. Clark
Equitable Servitudes, George L. Clark
Michigan Law Review
Specific performance of restrictions upon property before Tulk v. Moxhay. Before the decision in Tulk v. MoXhay 2 a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor.8 The right thus to control the use of the property in the hands of the promisor can hardly be classified as other …
Damages--Entire Or Separable Damages--Basis For Recovery Of Entire Damages
Damages--Entire Or Separable Damages--Basis For Recovery Of Entire Damages
West Virginia Law Review
No abstract provided.
Trespass--Cutting Timbers--Damages--Innocent Conversion
Trespass--Cutting Timbers--Damages--Innocent Conversion
West Virginia Law Review
No abstract provided.
Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner
Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner
Articles
There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign …
Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner
Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner
Articles
There is much contrariety of decision concerning the liability of public officers for the loss of funds with which they have been entrusted. A recent case illustrates some of the more important phases of the law of such a situation. People for use of Hoyt et al. v. McGrath et al. (Ill. 1917), I17 N. E. 74. In this case the public brought an action of debt on the official bond of the clerk of court for the use of Hoyt and others. Usees had tendered into court a sum of money which the clerk took under the court's order …
Tort Liability For Negligence In Missouri, George L. Clark
Tort Liability For Negligence In Missouri, George L. Clark
University of Missouri Bulletin Law Series
It was stated, at the beginning of the first article in this series, that in order to make out a prima facie case in an action based upon a negligent tort of the defendant, the plaintiff must allege and prove not only that the defendant was negligent, but also that the defendant's negligent misconduct was at least a part of the legal or proximate cause of the plaintiff's damage. In this article will be discussed the subjects of legal or proximate cause and contributing misconduct of the plaintiff.
Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat
Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat
Michigan Law Review
With the unprecedented development of the means' of transportation in the early nineteenth century, and the increased use of the corporate form of ownership and control of these means, the inadequacy of the familiar rule of law, respondeat superior, as a protection to the travelling public from the torts of the carrier's servants was recognized. The majority of courts applied with the utmost rigor a test which determined the master's liability by considering whether the act complained of was within the scope of the servant's authority. Some few courts said that the liability depended rather upon whether the act was …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of recent important court decisions and book reviews.
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Michigan Law Review
Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Liability Of An Agent In Tort, Warren A. Seavey
Liability Of An Agent In Tort, Warren A. Seavey
Articles by Maurer Faculty
No abstract provided.
Note And Comment, Gordon Stoner, Edgar N. Durfee, Werner W. Schroeder, Albert J. Mickelson, Maurice Weinberger
Note And Comment, Gordon Stoner, Edgar N. Durfee, Werner W. Schroeder, Albert J. Mickelson, Maurice Weinberger
Michigan Law Review
The Form of the Summons Under the Recent Michigan Judicature Act - It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 915, § 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Michigan Law Review
Limitation as to the Amount of Liability for Loss of Goods by Carriers - A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as -to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $5o. Geo. N. Pierce Co. v. Wells Fargo & Co., I89 Fed. 561, commented on in 10 MICH. L. RSv. 317. The United States Supreme Court has …
Tort Liability For Negligence In Missouri, George L. Clark
Tort Liability For Negligence In Missouri, George L. Clark
University of Missouri Bulletin Law Series
In order to make out a prima facie case in Missouri in an action based upon a negligent tort of the defendant, the plaintiff must allege and prove that the defendant was negligent and that his negligent act was at least a part of the proximate cause of the plaintiff's damage. In order to show that the defendant was negligent the plaintiff must show that there was a legal duty to use care resting upon the defendant and owed to the plaintiff, and that such duty was not fulfilled. The defendant may defeat this prima facie case by showing that …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Hollis Harshman
Note And Comment, Hollis Harshman
Michigan Law Review
Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
Articles
An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey
Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey
Michigan Law Review
Mutuality in Automobile Agency Contracts - Within the past few years several courts have had to pass upon and construe argreements between the manufacturers and the selling-agents of automoobiles, which have necessitated a thorough discussion of the principles of mutuality of obligation of contracts. The attempt to reach a correct solution has developed a vigorous difference of opinion on the subject in some recent cases which it may be of interest to discuss and compare.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.