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Full-Text Articles in Law

Divorce Laws And The Increase Of Divorce, Evans Holbrook Jan 1910

Divorce Laws And The Increase Of Divorce, Evans Holbrook

Articles

Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a ...


James Barr Ames, James H. Brewster Jan 1910

James Barr Ames, James H. Brewster

Articles

Hardly shall one name another American lawyer whose death would be as widely felt as will be that of James Barr Ames. He passed away on January eighth in the sixty-fourth year of his age.


The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler Jan 1910

The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler

Articles

The case of O'Callaghan v. Dellwood Park Co., - Ill. -, 89 N. E. 1005. decided by the supreme court of Illinois, October 26, 1909, is of interest because of the holding of owners and operators of scenic railways to the same high degree of care required of railroads and common carriers of passengers in general. The action was in case for the recovery of damages for injuries suffered by the plaintiff by reason of having been thrown out of a car on defendant's scenic railway. The plaintiff had paid the usual charge for the ride and was, at the ...


Interstate Commerce And State Control Of Foreign Corporations, Ralph W. Aigler Jan 1910

Interstate Commerce And State Control Of Foreign Corporations, Ralph W. Aigler

Articles

Corporations are the creatures of their parent state and outside the borders of the state creating them they have no existence except such as is granted them by comity. Bank of Augusta v. Earle, 13 Pet. 519; Lafayette Ins. Co. v. French, 18 How. 404; Paul v. Virginia, 8 Wall. 168; Ducat v. Chicago, 10 Wall. 410; Liverpool Ins. Co. v. Massachusetts, 10 Wall, 566; Home Ins. Co. v. Morse, 20 Wall. 445; Horn Silver Mining Co. v. New York, 143 U. S. 305; Waters-Pierce Oil Co. v. Texas, 177 U. S. 28; Security Mut. L. I. Co. v. Prewitt ...


Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler Jan 1910

Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler

Articles

In Fisher v. Greensboro Water Supply Company, 128 N. C. 375, it was held that the defendant water company was liable in damages in an action of tort for negligent failure to furnish sufficient water pressure in the mains of the city, by reason of which negligence the plaintiff's house was burned. The only duty on the part of the defendant to furnish water grew out of a contract made by the company with the city and the fact that the defendant had entered upon the business of supplying water pursuant to such contract.


Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster Jan 1910

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.


Fright Without Physical Impact But Resulting In Physical Injury, Joseph H. Drake Jan 1910

Fright Without Physical Impact But Resulting In Physical Injury, Joseph H. Drake

Articles

The recent Maryland case of Green v. T. A. Shoemaker & Co., reported in 73 Atlantic Reporter, 688, (June, 1909) puts this jurisdiction squarely on the side of those courts that do allow recovery for fright alone, if physical injury is caused thereby. The court confesses that "the numerical weight of authority supports the general rule that there can be no recovery for nervous affections unaccompanied by contemporaneous physical injury," but nevertheless holds firmly with the minority of the courts to the view that there are exceptions to this rule and that this case falls within the exceptions.


Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood Jan 1910

Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood

Articles

The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.


The Common Carrier's Liability, Edwin C. Goddard Jan 1910

The Common Carrier's Liability, Edwin C. Goddard

Articles

When Mr. Justice NELSON, in the New Jersey Steam Navigation Company v. Merchants Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by ...


Canadian Legislation, 1909, George L. Clark Jan 1910

Canadian Legislation, 1909, George L. Clark

Articles

One of the most important matters of legislation enacted by the Canadian Parliament, during the session of 1909, was the law establishing the commission for the conservation of natural resources, (ch. 27, Statutes of Canada, 1909).


New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton Jan 1910

New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton

Articles

Is a covenant in restraint of a particular trade and unlimited as to space against public policy and therefore void and unenforceable? Long ago an English judge, in speaking of the making of contracts, protested against arguing too strongly upon public policy. "It is a very unruly horse, and, when once you get astride it, you never know where it will carry you."1 Right he was and is, and the judge who would keep his saddle must be a good rider, for the horse shies badly on the way at every new condition in trade and commerce, occasioned by ...


The Struggle For A Perpetuity, John R. Rood Jan 1910

The Struggle For A Perpetuity, John R. Rood

Articles

It is natural for us moderns to conceive of the right to alienate as an inseparable incident of ownership, since we have known no other condition; and in the modern books and decisions the subject is generally disposed of with the curt statement as if it were a truism. It is believed that to such as are not familiar with the history of that doctrine a review of the struggle through centuries, by which it was finally established on its present firm foundation, would not be devoid of interest.


Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner Jan 1910

Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner

Articles

"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in ...


Corporation Liens On Stock, Edson R. Sunderland Jan 1910

Corporation Liens On Stock, Edson R. Sunderland

Articles

At common law a corporation had no lien upon its stock for assessments unpaid or for debts due it from its shareholders.6 There are therefore but four possible methods by which liens could be created in favor of the corporation upon the stock which it issues, (i) by statute, (2) by charter, (3) by by-law, (4) by contract.


Taxation Of Easements, Bradley M. Thompson Jan 1910

Taxation Of Easements, Bradley M. Thompson

Articles

In the case of Lever v. Grant,1 the supreme court passed incidentally upon the effect of a tax deed on an easement appurtenant to the estate on which the delinquent taxes had been levied. From the facts in that case it appears that in 1884 the owner of a parcel of land in the city of Detroit, bounded on the west by Woodward avenue, platted the same. The plat shows a street on the north side extending from Woodward avenue east thirty feet wide, one-half the width of an ordinary street. This street was named Custer Avenue. The next ...


Purchase Of Shares Of Corporation By A Director From A Shareholder, Horace Lafayette Wilgus Jan 1910

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 ...


Right Of Joint Adventurers Holding All The Stock Of A Corporation To A Dissolution And Accounting In Equity, Horace Lafayette Wilgus Jan 1910

Right Of Joint Adventurers Holding All The Stock Of A Corporation To A Dissolution And Accounting In Equity, Horace Lafayette Wilgus

Articles

The case of Jackson v. Hooper, in the New Jersey Court of Errors and Appeals, decided February 28, 1910, by Judge DILL, (42 N. Y. Law Journal, March 8, 1910), overruling Vice Chancellor HOWELL, of the Court of Chancery (74 AtL. 130) presents interesting and unusual points in corporation and partnership law, and the jurisdiction of courts of equity over corporate affairs.


Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler Jan 1910

Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler

Articles

Public opinion and the development of social and economic thought are well read in the decisions, of the courts. An excellent illustration: of this is found in the recent case of Ritchie & Co. et al. v. Wayman, 244. Ill. 509, 91 N. E. 695, decided April 21, 1910.


Henry Moore Bates, Joseph H. Drake Jan 1910

Henry Moore Bates, Joseph H. Drake

Articles

The important changes in the administrative force of the University this year have been of especial significance to the Law Department. It is a matter for congratulation that a r.ew Dean has been chosen from the present Faculty, thus assuring the continuation of the successful policy of the past without essential break.


President Harry Burns Hutchins, Edwin C. Goddard Jan 1910

President Harry Burns Hutchins, Edwin C. Goddard

Articles

No more striking proof of perfect confidence and high regard could be afforded than the unanimous sense of relief with which the news of the appointment of Harry Burns Hutchins as permanent President of the University was welcomed by his colleagues of all Departments, with whom he had for so many years been closely associated. Verily, he is not one without honor in his own country.


Attachments On Unliquidated Demands, John R. Rood Jan 1910

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 ...


Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland Jan 1910

Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland

Articles

Limitation of a Carrier's Liability for Negligence.-This is one of the subjects which never seems to be set at rest. In making contracts, shipper and carrier do not stand upon an equality. The shipper cannot exist without the aid of the carrier, but the carrier can easily forego the business of any particular shipper. Hence the ordinary rules of contract fail in many respects to meet the demands of the situation. To properly define the limitations necessary to be placed upon these rules is not an easy task.


Some Difficulties Of Code Pleading, Edson R. Sunderland Jan 1910

Some Difficulties Of Code Pleading, Edson R. Sunderland

Articles

The common law system of pleading was founded upon the theory that issues of fact, representing the gist of the controversy between the contending parties to a suit, should be developed by the pleadings. In practice this was not always realized, for many fictions and legal conclusions obtained recognition as legitimate allegations, and upon them issues were formed which satisfied the courts. The most striking and familiar instance of this is found in the common counts. Here there is an allegation of indebtedness, which is a mere legal conclusion, and with this as a consideration a promise to pay is ...


State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus Jan 1910

State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus

Articles

The line between regulations of intrastate and interstate commerce is difficult to draw and hard to maintain. This is well illustrated in the recent case of St. Louis Southwestern Railway Company v. Arkansas, decided by the Supreme Court of the United States April 4, 1910, Advance Sheets, May I, 1910, p. 476, 30 Sup.Ct. 476.


What Is Interstate Commerce?, Horace Lafayette Wilgus Jan 1910

What Is Interstate Commerce?, Horace Lafayette Wilgus

Articles

In the case of International Text-book Company v. Pigg, Advance Sheets May 1, 1910 (30 Sup. Ct. 481) the Supreme Court of the United States, decided April 4, 1910, that a "corporation engaged in imparting instruction by correspondence, whose business involves the solicitation of students in other states by local agents, who are to collect and forward to the home office the tuition fees, and the systematic intercourse between the corporation and its scholars and agents, wherever situated, and the transportation of the needful books, apparatus, and papers," is engaged in interstate commerce, and a state statute which makes the ...


Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler Jan 1910

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 Jan 1910

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.


The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler Jan 1910

The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler

Articles

During the special session of Congress held the past summer there was enacted as an amendment to the new Tariff Law what is generally known as the Federal Corporation Tax.1 At the time of its consideration in Congress and since its enactment there has been considerable discussion regarding the constitutionality of the measure, and no little doubt has been expressed as to its validity.