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Full-Text Articles in Law
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler
Articles
In McCullough Realty Co. v. Laemmle Film Service, (Nov. 16, 1917), 165 N. W. 33, the supreme court of Iowa had occasion to pass upon a question which has become increasingly frequent with the spread of prohibition laws, namely, the effect upon the obligation of a tenant to pay rent, of a subsequent law that makes it unlawful for him to use the premises for the purpose for which he leased them. The case before the Iowa court was not one arising out of a lease of premises for saloon purposes, but the question involved was precisely the same, and …
Joy Riding, Simple And Compound, Edgar N. Durfee
Joy Riding, Simple And Compound, Edgar N. Durfee
Articles
The wrongful use of another's automobile, even though accompanied by a trespassory taking, cannot, if followed by a return to the owner or an abandonment, be easily brought within the definition of larceny at common law or under the ordinary larceny statutes, because of the requirement of intent to deprive the owner permanently of his property. Smith v. State, 146 S. W. 547; State v. Boggs (Iowa, 1917), 164 N. W. 759; McClain, Criminal Law, § 566. Of course, such intent, at the time of taking, might be found in spite of return or abandonment, though it is doubtful whether …
Cost Of Public Justice, John R. Rood
Cost Of Public Justice, John R. Rood
Articles
The common citizen who becomes victim of a wrong and seeks redress in the courts of America soon finds by bitter experience that it is better to bear those ills we have than go to law. The expense is more than the thing is worth. The result depends on who has the longest purse, the most endurance, and the shrewdest lawyer, and little on the merits of the case. When he gets to court he finds his remaining money is being spent, not in the trial of his case, but in deciding whether an absque hoc is a sine que …
Full Faith And Credit And Jurisdiction, Willard T. Barbour
Full Faith And Credit And Jurisdiction, Willard T. Barbour
Articles
The judgment of a sister state, when assailed by collateral attack, is often said to occupy a position intermediate between foreign and domestic judgments. Though the older American cases were inclined to examine into the merits of any foreign judgment, the present tendency is toward the adoption of the English view according to which a foreign judgment may be attacked collaterally only for want of jurisdiction or fraud. Dicey, Conflict of Laws (ed. 2) Ch. XVII; see note to Tremblay v. Aetna Life Insurance Co., 97 Me. 547, in 94 Am. St. Rep. 521, 538. But whereas any statement of …
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood
Articles
The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.
What Service Gives Jurisdiction In Person, John R. Rood
What Service Gives Jurisdiction In Person, John R. Rood
Articles
On March 6th, 1917, the Supreme Court of the United States, in the case of McDonald v. Mabee, reversing the decision of the Supreme Court of Texas, in 175 S. W. 676, held that a judgment in foreclosure proceedings in which the defendant was served only by publication did not merge the cause of action so as to bar a suit on the original notes for the balance unpaid by the sale of the mortgaged property on the foreclosure, although the statute of the state declared such service sufficient to give jurisdiction in personam, and the defendant was a citizen …
Performance Of Legal Obligation As A Consideration For A Promise, John B. Waite
Performance Of Legal Obligation As A Consideration For A Promise, John B. Waite
Articles
At a time when the true reasonableness of the common law and its responsiveness to the actualities of life are under criticism, it is interesting to find several cases, within the past year, affirming the old rule that performance of a legal duty is not consideration for a promise. In Vance v. Ellison, (V. Va.) 85 S. E. 776, suit was brought to enjoin the enforcement of a deed of trust executed by plaintiff to defendant, to secure payment of $1000 promised for legal services. It was admitted that when the deed was executed the defendant was already bound by …
The Michigan Judicature Act Of 1915, Edson R. Sunderland
The Michigan Judicature Act Of 1915, Edson R. Sunderland
Articles
IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.
Recovery Of The Purchase Price Before Title Has Passed, John B. Waite
Recovery Of The Purchase Price Before Title Has Passed, John B. Waite
Articles
In an action recently instituted by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and Shawhan v. Van Nest. 25 Oh. St. 490. The court …
Estates In Fee Tail, Ralph W. Aigler
Estates In Fee Tail, Ralph W. Aigler
Articles
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.
The Sheriff's Return, Edson R. Sunderland
The Sheriff's Return, Edson R. Sunderland
Articles
When William the Conqueror found himself military master of Britain, he was confronted by a governmental problem quite different from that which has usually accompanied foreign conquest. He did not subdue a nation already organized, substituting his power for that of its former ruler in the conventional way of conquerors. Britain was a geographical unit but politically and socially it was a congeries of loosely related communities. The natural law of survival of the fittest normally operates upon peoples as upon individuals, and develops centralized power as a means of self-preservation. But Britain had a substitute for this. The sheltering …
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Mortgagee In Possession In New York And Michigan, Edgar N. Durfee
Articles
It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …
Jurisdictional Facts, John R. Rood
Jurisdictional Facts, John R. Rood
Articles
The advance sheets of the Northwestern Reporter for January 29th, 1915, contain two cases in which a supreme court declared proceedings that had been carried through to judgment void, (not merely voidable) because of the lack of a fact which the supreme court regarded as jurisdictional, (Sandusky Grain Co. v. Sanilac Circuit Judge (Mich. 1915), 150 N. W. 329 and Bombolis v. Minn. & St. L. R. Co. (Minn. 1914), 150 N. W. 385), and another case in which the court was equally divided as to whether the essential facts appeared (Fisher et al v. Gardnier et al. (Mich. 1915), …
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Articles
A recent Oklahoma case raises one phase of a question which has been perplexing the courts ever since jury trials were invented, and in regard to which there is a great contrariety of opinion. After a verdict had been rendered for the plaintiff in a personal injury suit, the defendant made a motion for a new trial on the ground of misconduct of the jury, and in support of his motion offered the affidavits of several of the jurors to the effect that the verdict was determined upon as the result of an agreement whereby each one of the jurors …
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Articles
Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to such entry be required to surrender a right or …
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler
Articles
At least since the decision in Poole's Case, 1 Salk. 368 (1703), it has been considered as settled that a tenant has the right to remove trade fixtures placed, upon the demised premises for the purpose of furthering his trade. There is a well-marked tendency in some jurisdictions to greatly extend this right of removal so as to include anything added by the tenant to the leased property "in furtherance of the purpose for which the premises were leased." Hayward v. School District, 139 Mich. 541, 102 N. W. 999; Bircher v. Parker, 40 Mo. 118; Heddrick v. Smith, 103 …
The Character Of User In Prescription, Ralph W. Aigler
The Character Of User In Prescription, Ralph W. Aigler
Articles
As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during the entire prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 AM. & ENG. ENCY. L. & P. …
Possession Under Mistake As Adverse Possession, Ralph W. Aigler
Possession Under Mistake As Adverse Possession, Ralph W. Aigler
Articles
In Wissinger v. Reed et al., 125 Pac. lO3O (Aug. 24, 1912) the Supreme Court of Washington held that actual possession of land for the statutory period would confer title upon the occupant, although the possession was under a mistaken belief of ownership. While the doctrine that title to real property may be acquired by adverse possession has been firmly established in English and American law for a great many years, no little difficulty and confusion have arisen in determining what possession is adverse, especially where the actual possession upon which the claim of title is based has been under …
Recovery Of Salary By A De Facto Officer, W. Gordon Stoner
Recovery Of Salary By A De Facto Officer, W. Gordon Stoner
Articles
The de facto doctrine in the law of officers has been a continual source of difficulty to the courts for more than a century. Many questions connected with the application of this doctrine to this branch of the law have been settled beyond controversy. Even the phase of this question which the writer proposes to discuss cannot be classed as new or novel. Recent years, however, have seen the development of certain tendencies on the part of some of the American courts in the application of this doctrine, which will furnish the subject for the major part of our consideration.
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Articles
We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …
Preserving A Special Appearance, Edson R. Sunderland
Preserving A Special Appearance, Edson R. Sunderland
Articles
No personal judgment against a defendant is valid unless the court which renders it has first obtained jurisdiction over the person of such defendant. This is elementary and fundamental, and goes to the essence of the judgment. And such jurisdiction must be secured through the actual service of process upon the defendant against whom the judgment is sought or through his voluntary appearance in the action.
Purchase Of Shares Of Corporation By A Director From A Shareholder, Horace Lafayette Wilgus
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, …
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Articles
Not infrequently the legislatures of various states have deemed it advisable to provide by law for the time and manner of payment of wages of men engaged in certain designated employments; and these laws have been the cause of considerable litigation. Their validity has been challenged mainly on the ground of deprivation of property without due process of law and denial of the equal protection of the law, the contention being that the refusal of the privilege of contracting for the manner and time of payment is a deprivation of liberty and property, and the classification of men in certain …
The Right Of Privacy At Common Law, Henry M. Bates
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.
Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster
Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster
Articles
When, a few years since, the General Assemblies of The Cumberland Presbyterian Church and The Presbyterian Church in the United States of America determined that there should be a re-union of the two bodies there were, of course, many objectors. Disputes concerning property have brought the objectors to the re-union before the courts, and in Missouri and Tennessee they have recently obtained victories.
The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake
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.
Surface Water In Cities, John R. Rood
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 …
Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins
Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins
Articles
Waiver of the Tatutory Protection of the Confidential Relation of Physician and Patient.--The subject of the disclosure by the physician upon the witness stand of confidential communications between himself and his patient has already received attention in this journal: 2 MICHIGAN LAW REVIEW, p.687; 3 MICHIGAN LAW REVIEW, p. 311. The case of Long v. Garey Investment Company, decided by the Iowa Supreme Court December 15, 1906, may be briefly noticed, as it discusses a phase of the subject in regard to which the courts are not in entire harmony, namely, the waiver of the privilege that the statute confers.
Some Legal Aspects Of Special Assessments, Frank L. Sage
Some Legal Aspects Of Special Assessments, Frank L. Sage
Articles
Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.
The "Torrens Acts": Some Comparisons, James H. Brewster
The "Torrens Acts": Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …