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Full-Text Articles in Law
Attachments On Unliquidated Demands, John R. Rood
Attachments On Unliquidated Demands, John R. Rood
Articles
If the creditor should not have the aid of attachment to recover on unliquidated demands, why not? It is true that attachment as a security for the satisfaction of the judgment that may be recovered in an action pending or just commenced was unknown to the general common law of England, and existed only in a restricted form as a special custom of London and other places in the form of garnishment till it was introduced into the New England colonies by an early statute of Massachusetts, whence its utility commended it so that it was soon adopted in all …
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 …
Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins
Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins
Articles
Liability of Hospitals for the Negligence of their Physicians and Nurses.-This question was recently examined by the Supreme Court of Utah in the case of Gitzhoffen v. Sisters of Holy Cross Hospital Association, 88 Pac. Rep. 691 (Jan. 26, 1907), and the opinion filed may well serve as a basis for comment. The hospital association was sued for damages for injuries that plaintiff claimed to have sustained through the negligence of defendant's nurses.
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Articles
A very interesting and important question frequently is, what effect has been produced upon a right of action, or upon a previously existing defence to an action, by a change in the law effected by statute after the right has accrued, or the cause of action has arisen, to which the defence was applicable. The question is encountered in a great variety of cases, and is sufficiently important to be considered under the several heads where the cases seem to range themselves. This is done imperfectly below.
Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley
Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley
Articles
A public office is a public trust.The incumbent has a property right in it, but the office is conferred, not for his benefit, but for the benefit of the political society. The duties imposed upon the officer are supposed to be capable of classification under one of three heads: the legislative, executive, or judicial; and to pertain, accordingly, to one of the three departments of the government designated by these names. But the classification cannot be very exact, and there are numerous officers who cannot be classified at all under these heads. The reason will be apparent if we name …