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Articles 1 - 7 of 7
Full-Text Articles in Law
Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland
Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland
Articles
Courts are charged with the duty of declaring the law. They are also required to decide cases. Either one of those functions might be performed with comparative ease if it were divorced from the other, but when the court is simultaneously obliged to do both, the difficulties are very apparent. To decide a case and at the same time to declare the law means that the court is required to generalize every legal proposition upon which it acts in making its decision. But judges are not omniscient. Who can so fully understand the logical implications and the latent possibilities of …
New Trials For Technical Errors, Edson R. Sunderland
New Trials For Technical Errors, Edson R. Sunderland
Articles
A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55. No one but an American lawyer could treat the above statement seriously. Only an American court could announce so extraordinary a decision. In no other English speaking country would the people tolerate …
Pre-Legal Education, John B. Waite
Pre-Legal Education, John B. Waite
Articles
It was once thought that a lawyer's vocation was chiefly to serve his clients, so that he might bring fame and fortune to himself. The profession of law was considered only a means of livelihood, merely more difficult than clerking and more remunerative, sometimes, than carpentry. To require study for the law was thought an unfair preclusion of embryo breadwinners from an adventure with that particular occupation. Fortunately, the public mind has changed; the practice of law is no longer only a means of livelihood, but has become an important agency in promoting civilization. Some one has likened law to …
Verdicts, General And Special, Edson R. Sunderland
Verdicts, General And Special, Edson R. Sunderland
Articles
The most remarkable thing about this case of Georgia v. Brailsford is that a matter of such elementary importance in the daily administration of the law, after being announced in so dramatic a way by the Supreme Court of the United States at the very threshold of its career, could have dropped into oblivion for a hundred years only to be repudiated in a way hardly less dramatic by a sharply divided court. The controversy here disclosed goes to the very heart of the jury system as it has been developed by the common law and is still almost universally …
Juvenile Courts And Privileged Communications, Evans Holbrook
Juvenile Courts And Privileged Communications, Evans Holbrook
Articles
In the case of Lindsey v. People, (Colo., 1919) 181 Pac. 531, the Supreme Court of Colorado has held that Judge Lindsey of the Juvenile Court of Denver could not refuse to testify as to a communication made to him by a child who was at the time of the communication suspected of crime and against whom proceedings were later taken in the Juvenile Court. The decision was by a vote of four to three, and a vigorous dissenting opinion was written by Justice Bailey and concurred in by Justices Scott and Allen.
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Articles
Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …
Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite
Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite
Articles
An unusually obvious piece of judicial legislation, of practical importance to the manufacturing world, was promulgated in the case of Macbeth-Evans Glass Co. v. General Electric Co., 246 Fed. 695. The facts were that in 1903 Macbeth had invented a process for making glass. Since that time the plaintiff company, of which Macbeth was president, had been using that process. This use had, however, been "secret". In 1910 an employee of the plaintiff revealed the process to the Jefferson Glass Co., which at once began to use it, but on application of the Macbeth Co. the state court enjoined the …