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Articles 7231 - 7260 of 7266
Full-Text Articles in Law
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 …
Notes On Recent Cases In Missouri
Notes On Recent Cases In Missouri
University of Missouri Bulletin Law Series
No abstract provided.
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Writ Of Certiorari In Missouri, The, J. P. Mcbaine
Writ Of Certiorari In Missouri, The, J. P. Mcbaine
University of Missouri Bulletin Law Series
Due to the fact that the Supreme Court of Missouri has recently decided several cases involving questions as to the use of the extraordinary legal remedy of the writ of certiorari, and to the further fact that this ancient remedy is governed by common law principles, this study of the Missouri decisions pertaining to certiorari has been undertaken. Use of the writ in Missouri is increasing, and since the law relating to the writ is not governed by our code of pleading and practice, or by a special code as are mandamus, prohibition, habeas corpus, and quo warranto, the other …
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Conditions Subsequent In Conveyances In Missouri, Manley O. Hudson
Conditions Subsequent In Conveyances In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
Though the learning surrounding the subject of conditions has lost some of its importance because of the infrequency with which conditions are now enforced by entry for breach, it has by no means become obsolete in the modern, law of conveyancing. Cases still arise to which the common law rules are applicable, as instanced in three recent Missouri decisions, and the strictness of those rules, due to the disfavor with which the law regards conditions, seems to justify this special study of the Missouri decisions relating to the subject.
The Real Party In Interest Statute In Missouri, George L. Clark
The Real Party In Interest Statute In Missouri, George L. Clark
University of Missouri Bulletin Law Series
The real party in interest statute was passed in Missouri in 1849 as a part of the practice act. Before that date two other statutes dealing with the question of parties plaintiff had been passed: a statute abolishing the straw plaintiff in actions of ejectment, and a statute providing that the assignee of a bond or note might sue in his own name. These statutes will be considered first.
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Limitations Of Personal Property, Manley O. Hudson
Limitations Of Personal Property, Manley O. Hudson
University of Missouri Bulletin Law Series
Since chattels personal were never subjects of feudal tenure,' the creation of legal interests in them is not restricted by the artificial rules which apply in the creation of legal interests in realty. Though it may be proper to speak of the seisin of chattels, there has never been a principle that such seisin cannot be put in abeyance. Land can only be held of some one, but chattels may be owned absolutely. Strictly speaking, estates in chattels are therefore impossible, for estate connotes qualified ownership. Any disposition of a chattel, unless it be by way of pledge or bailment, …
The Rule Against Perpetuities In Missouri, Manley O. Hudson
The Rule Against Perpetuities In Missouri, Manley O. Hudson
University of Missouri Bulletin Law Series
It is the purpose of this study to determine the present position of the rule against perpetuities in Missouri law, and to anticipate some of the cases to which the bar may expect it to be applied.
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Estates By The Marital Right And By The Curtesy In Missouri, Charles K. Burdick
Estates By The Marital Right And By The Curtesy In Missouri, Charles K. Burdick
University of Missouri Bulletin Law Series
By the common law, if a woman married, seised of a freehold estate in land, or became seised of such an estate after marriage, her husband also, by the marital right, became immediately seised of an estate in the land. Although certain characteristics of the estate jure mariti are well established, it has nevertheless seemed to be one of the difficult problems of the law to define its nature.
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
By Way Of Explanation
University of Missouri Bulletin Law Series
No abstract provided.