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Articles 11281 - 11310 of 11518
Full-Text Articles in Law
Constitutional Status Of Workmen's Compensation, Ernst Freund
Constitutional Status Of Workmen's Compensation, Ernst Freund
Articles
No abstract provided.
Conditional Deliveries Of Deeds Of Land, Harry A. Bigelow
Conditional Deliveries Of Deeds Of Land, Harry A. Bigelow
Articles
No abstract provided.
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Articles
No abstract provided.
Liability Of A Principal For The Penal Or Criminal Acts Of His Agent, Floyd R. Mechem
Liability Of A Principal For The Penal Or Criminal Acts Of His Agent, Floyd R. Mechem
Articles
No abstract provided.
An Eighteenth-Century Constitution - A Comment, James Parker Hall
An Eighteenth-Century Constitution - A Comment, James Parker Hall
Articles
No abstract provided.
Is A Judgment Open To Collateral Attack If Rendered Without Written Pleadings As Required By Statute, Or If The Writings Do Not Comply With The Statutory Requirements?, John R. Rood
Articles
It is believed that no good reason can be assigned for answering the above question in the affirmative. Certainly none has yet been discovered in a careful search of the cases involving the point. And yet the assurance and unanimity with which lawyers and judges give the affirmative answer to it on first thought is indeed remarkable. For instance, Mr. Justice FIELD in speaking for the Supreme Court of the United States, on the question as to whether a judgment is subject to collateral attack if one served with process is not permitted to make any defense when he appears …
A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook
A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook
Articles
The peculiar three-sided relationship of principal, surety and creditor gives rise to many vexatious questions of law, and one of the most interesting of these vexatious questions is that of the relationship between surety and principal in the case of the latter's bankruptcy. Under such circumstances, the creditor's right is fairly simple; he may prove his debt against the principal, take such dividend as may be declared, and recover the balance of the debt from the surety, his remedy against the latter being expressly saved by Sec. 16 of the present Bankruptcy Act.1 But the position of the surety is …
Provability In Bankruptcy Of Claims Arising Out Of Alimony Decrees Or Separation Agreements Between Husband And Wife, Ralph W. Aigler
Provability In Bankruptcy Of Claims Arising Out Of Alimony Decrees Or Separation Agreements Between Husband And Wife, Ralph W. Aigler
Articles
It was not until the decisions in Audubon v. Shufeldt, 181 U. S. 575, and Wetmore v. Markoe; 196 U. S. 68, that it was authoritatively determined in this country that alimony, whether in arrears at the time of filing petition, or payable in the future, was not provable in bankruptcy.
The Art Of Legal Practice, Edson R. Sunderland
The Art Of Legal Practice, Edson R. Sunderland
Articles
In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …
The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler
The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler
Articles
Owners of adjoining properties, especially in cities, frequently find it advisable and advantageous to enter into arrangements whereby their buildings shall be supported by a common wall. These arrangements are ordinarily evidenced by party-wall agreements or covenants, so-called, out of which have grown a number of interesting questions. It not infrequently happens that when one owner desires to build such a wall his neighbor, for one reason or another, is not ready to join in the undertaking, so an agreement is entered into between the two adjoining owners whereby one agrees to proceed with the erection of the wall at …
The Lien Or Equitable Theory Of The Mortgage--Some Generalizations, Edgar N. Durfee
The Lien Or Equitable Theory Of The Mortgage--Some Generalizations, Edgar N. Durfee
Articles
The question is--What is the nature of the rights of a real property mortgagee in those jurisdictions which adopt the lien or equitable theory3 of the mortgage? In one sense this question calls for a full statement of the law of mortgages but that, of course, is not the sense in which the writer puts it. He means by it to put a broader and more scientific question--a question, be it at once confessed, of jurisprudence--yet a question which has an important bearing on, if it is not in fact conclusive of, several specific problems in the law, which will …
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.
Is A Bank Check An Assignment Pro Tanto Of The Fund Or Deposit?, Ralph W. Aigler
Is A Bank Check An Assignment Pro Tanto Of The Fund Or Deposit?, Ralph W. Aigler
Articles
Before the Negotiable Instruments Law there was a clear conflict of authority as to whether a check for a portion of the account to the credit of the drawer was an assignment pro tanto of the fund.
The Four Year Course In The Department Of Law, Henry M. Bates
The Four Year Course In The Department Of Law, Henry M. Bates
Articles
The present year has witnessed the final step in the establishment of the new entrance requirement to the Law Department which was undertaken by the Faculty and Regents several years ago. This, in effect, provides that every student in the Law Department from now on shall have had at least one year in the Literary Department, or its equivalent elsewhere, and places the course of the Law Department practically upon the four year basis of the other schools in the University.
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 …
The Law In Its Relation To Morals And Religion, Edwin C. Goddard
The Law In Its Relation To Morals And Religion, Edwin C. Goddard
Articles
"Man is a religious being... Man has never lived to himself alone. His natural state has ever been a social one, in which development and enjoyment became possible only by mutual inter-dependence and social intimacy. Government is not an invention, not a necessary evil to which men submit. On the contrary... it has been man's natural instrument for controlling and developing the social estate so essential to his very existence ... [a]nd universally this government has been more or less closely related to religious institutions."
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Articles
No abstract provided.
Real Estate Broker And His Commissions, Floyd R. Mechem
Real Estate Broker And His Commissions, Floyd R. Mechem
Articles
No abstract provided.
Proposed Uniform Marriage Law, Ernst Freund
Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard
Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard
Articles
When the case of Railroad v. Lockwood, 17 Wall. (U. S.) 357, settled the law that the common carrier can not contract against liability for losses due to his negligence, it did not put an end to the efforts of common carriers to escape liability for losses so arising.
The Rights Of Passengers In An Unregistered Automobile, Edson R. Sunderland
The Rights Of Passengers In An Unregistered Automobile, Edson R. Sunderland
Articles
The State of Massachusetts by statute requires automobiles to be registered, and prohibits the operation of unregistered machines upon any public highway. While this law was in force, a party of persons went riding in an automobile whose registration had expired four days before. While they were in the act of crossing a railroad track, the automobile was struck by a locomotive, and several of the party were injured and one killed. Five actions were brought against the railroad company. There was evidence that the whistle of the locomotive had not been blown nor the bell rung as the locomotive …
The Judicial Code Of March 3, 1911, Robert E. Bunker
The Judicial Code Of March 3, 1911, Robert E. Bunker
Articles
Near the close of its last session, the Sixty-first Congress passed an act entitled "An Act to codify, revise and amend the laws relating to the judiciary." Approved March 3, 1911, which, by its own terms, Sec. 296, is to be designated and cited as "THE JUDICIAL CODE." This act is to become operative on and after Jan. 1, 1912.
Pleading Estoppel, W. Gordon Stoner
Pleading Estoppel, W. Gordon Stoner
Articles
No subject is fraught with more difficulties for the pleader than that of estoppel. The problems of "when" and "how" to plead seem never so perplexing as when they arise in connection with this subject. That these problems are not confined to any day or age is evidenced by the reports from the time of Lord COKE down to the latest advance sheets of the present day reporter systems, and the lawyers of no generation have been wholly agreed on their solution. No system of pleading yet established has been free from these questions and with each general change in …
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
Articles
After twenty-one years the Sherman Anti Trust Act has been applied to the typical combination restraining interstate commerce, which that act was designed to prevent.
The Corporation Tax Decision, Ralph W. Aigler
The Corporation Tax Decision, Ralph W. Aigler
Articles
Seldom, if ever, in the history of the country has the Supreme Court been called upon within a comparatively short period of time to decide so many questions of widespread interest and vital importance as has been the case during the last year or two. Attempts on the part of the state and national governments to regulate and control corporations, which in recent years have come to exercise such a large and not always wholesome influence upon affairs generally, have been the occasion for the consideration by the court of many of the important cases recently presented. Among these are …
The Way Of The Tansgressor Is Easy, John R. Rood
The Way Of The Tansgressor Is Easy, John R. Rood
Articles
The Way of the Transgressor is Easy, if he is shrewd enough to take an immunity bath, or avail himself of any of a dozen other provisions of the law made with good intentions and left lying about loose enough to be misappropriated. One rule that has served him many a good turn, is that there is no contribution between tort-feasors. Another way of stating it is that the courts are not open to help rogues out of the predicaments into which their dishonest dealings placed them, and the counterpart of the doctrine in equity is that he who comes …
The Passing Of State Control Over Railway Rates, Edson R. Sunderland
The Passing Of State Control Over Railway Rates, Edson R. Sunderland
Articles
Congress has exclusive power to regulate interstate commerce, so far as it admits of a uniform system of regulation, and a failure on its part to regulate in a given case is tantamount to a declaration that such commerce shall remain free and unrestricted. Brown v. Houston, 114 U. S. 622; Leisy v. Hardin, 135 U. S. 100. The states are, in all such cases, without jurisdiction to regulate, irrespective of what Congress has or has not done.
Unenforceable Trusts And The Rule Against Perpetuities, George L. Clark
Unenforceable Trusts And The Rule Against Perpetuities, George L. Clark
Articles
Bequests upon trust to use the income thereof each year in keeping a monument or grave in repair, or in saying masses,8 or in having a brass band to play at the testator's grave each year on the anniversary of the testator's death9 have been held invalid, and the reason given is that the gift is a "perpetuity"1 or is in "violation of the rule against perpetuities."11 What do the courts mean by calling such a gift a "perpetuity?" And in what way, if at all, could the bequest be so changed as to avoid the "rule against perpetuities" and …
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Liquidated Damages And Estoppel By Contract, Joseph H. Drake
Articles
In the last edition of "Sedgwick's Elements of the Law of Damages" the author says (p. 232) that the subject of liquidated damages has been put in a new light by the two cases of the Sun Printing and Publishing Association v. Moore1 and the Clydebank R. &S. Co. v. Castaneda,2 and that they may be expected to have a considerable effect upon the further development of the law on the subject. The learned author then presents the old canons of interpretation with full illustration from the cases, followed by the citation of the decisions above mentioned, and concludes that …
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 …