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Full-Text Articles in Law
Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour
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 …
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
Articles
THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles …
The 'Source Of Law' In The Panama Canal Zone, Joseph H. Drake
The 'Source Of Law' In The Panama Canal Zone, Joseph H. Drake
Articles
A case just decided in the Supreme Court of the United States, coming to that court from the Canal Zone, shows the great difficulties under which our courts labor when they are called on to interpret and administer the law in our extra-continental possessions. The courts have apparently had the most difficulty in amalgamating the Roman law and the common law in cases involving questions of delictual liability. In the case of Fernandez v. Perez (1906), 202 U. S. 80, the procedural question was presented as to the validity of an action on the case for the wrongful levy of …
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
Articles
The question of domicil under consular jurisdiction was discussed at some length by the present writer in an article which appeared in an earlier number of this review. See 17 MICH. LAW REV. 437-455. When that article was written some much quoted dicta and the decision of the Court of Appeal in Casdagli v. Casdagli, 87 L. J. P. 73, 79, indicated that according to the English rule a domicil of choice could not be acquired under consular jurisdiction. The author ventured to criticise that extraordinary rule from the point of view of the authorities and on principle. With regard …
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Articles
In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it would a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union, the "full faith and credit" clause of the Constitution makes such enforcement of the foreign decree obligatory. …
Enemy Alien Litigants In The English Law, Edwin D. Dickinson
Enemy Alien Litigants In The English Law, Edwin D. Dickinson
Articles
It is said that as a general rule an enemy alien cannot bring an action in the English courts. "And true it is, that an Alien enemie, shall maintaine neither reall nor personall action, Donec terrae fuet' communes, that is untill both Nations be in peace." COKE oN LITTLETON, (2 ed.) L. 2, c. 11, sec. 198. LORD STOWELL'S famous dictum in The Hoop (1799), 1 C. Rob. 196, 200, is regarded as a classical statement of the doctrine: "In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to …