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Articles 1771 - 1800 of 1942
Full-Text Articles in Common Law
Alternative Parties And The Common Law Hangover, Dale E. Bennett
Alternative Parties And The Common Law Hangover, Dale E. Bennett
Michigan Law Review
Professor Edson R. Sunderland stated in 1920 that a glaring failure chargeable to the legal profession in America was "its ignorance and indifference to improvements in procedural practice developed in other jurisdictions," pointing out that while discoveries by foreign scholars in the field of medicine were eagerly accepted, similar innovations in the field of law were uniformly ignored regardless of merit. Such apathy is largely attributable to the legislatures, but the courts cannot be given an entirely clean bill of health, for attempted procedural reforms have often been nullified, in whole or in part, by technical construction and an attempted …
Pleadings-Construction Of Complaint And Of A Plea In Abatement
Pleadings-Construction Of Complaint And Of A Plea In Abatement
Indiana Law Journal
No abstract provided.
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
All civilized States, in the interest of an efficient administration of justice, have felt compelled to fix time limits beyond which access to their courts would be denied to aggrieved parties. Interest reipublicae ut sit finis litium. This was true even of Roman law in which actions were normally perpetual. Since the limitations enacted by various legislatures differ widely, and since debts are transitory, permitting suit wherever the creditor can find the debtor (at least in countries where the Common Law prevails), it is of the first practical importance that definite rules of Conflict of Laws be evolved to …
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Michigan Law Review
The early common law took a strictly logical view in regard to the assignability of contract rights and duties. Since a contract is essentially a personal relationship voluntarily entered into by the parties to it, it follows as a logical deduction that one of the parties should not be allowed to destroy that relationship by introducing a third person into it in his place without the consent of the other party. This was the view of the early common law. However, in the course of time, as we know, the commercial spirit gradually made inroads into this doctrine until we …
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Book Review. The American Doctrine Of Judicial Supremacy, 2nd Ed. By C. G. Haines, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Bills And Notes - Promissory Notes - Negotiability At Common Law
Bills And Notes - Promissory Notes - Negotiability At Common Law
Michigan Law Review
Defendant contractors left a check for materialmen in the hands of a third party who appropriated the check to his own use and then, in lieu thereof, gave his own note to the materialmen who endorsed it to a bank and credited the contractors with the amount of the note. In an action by the materialmen against the contractors for services rendered and materials furnished, held, such acceptance and negotiation constituted a payment of the materialmen's claims. Riedman v. Macht, (Ind. App. 1932) 182 N. E. 87.
Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation
Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation
Michigan Law Review
At common law an incident to the ownership of stock in a corporation is the right or privilege to inspect the books or records of the corporation. The right is analogous to that of partners to examine the records and books of the firm. However, it is not an absolute, unqualified right at common law, but one which is conditional on the good faith and proper purposes of the stockholder.
Conflict Of Laws-Judicial Notice Of Foreign Law
Conflict Of Laws-Judicial Notice Of Foreign Law
Michigan Law Review
Substantively, "the subject of judicial notice . . . belongs where the general topic of legal or judicial reasoning belongs, - to that part of the law which defines among other things, the nature and limitations of the judicial function - it is, indeed, woven into the very texture of this function." Functionally, the subject of judicial notice is that portion of procedural law relating to "Proof'' wherein the ordinary rules of evidence are inapplicable. That is to say, certain propositions, "facta probanda," of a party's case will be taken for true by the tribunal without proof. These are generally …
Crimes-Larceny-By Wife From Husband
Crimes-Larceny-By Wife From Husband
Michigan Law Review
A wife was convicted of larceny of her husband's property. Upon appeal from an order denying a new trial, held that the order be reversed: The Married Woman's Act, reading, "every married woman shall receive the same protection of all her rights as a woman which her husband does as a man," does not so change the common law unity of spouses that a wife stealing from her husband is included under the comprehensive terms of the larceny statute. State v. Arnold, 182 Minn. 313, 235 N.W. 373 (1931).
Transfer Of Future Interests, W. Lewis Roberts
Transfer Of Future Interests, W. Lewis Roberts
Michigan Law Review
In considering to what extent future interests are transferable in this country it is proposed to limit the investigation to those future interests known as contingent remainders, executory devises, and defeasible vested remainders. It has not been deemed necessary to consider vested remainders as they have long been treated by the law in much the same way as present estates have been as far as alienation is concerned.
Tenancies By The Entireties-Maintenance And Support
Tenancies By The Entireties-Maintenance And Support
Indiana Law Journal
No abstract provided.
Common Law Pleas And Subsequent Pleadings In West Virginia, Leo Carlin
Common Law Pleas And Subsequent Pleadings In West Virginia, Leo Carlin
West Virginia Law Review
Some time ago the writer published an article1 dealing with the common law declaration in West Virginia, the general purpose of which was to collect and analyze the local statutes modifying or dispensing with common law requirements and to determine what further might be done by way of statutory reform. It is now proposed to deal with some of the features of common law pleas and the subsequent pleadings somewhat in the same manner and with the same general purpose in view. Necessarily, an attempt can be made to deal only with selected details of the subject. The pleadings discussed …
Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr.
Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr.
Powell Writings
No abstract provided.
Essays In Jurisprudence And The Common Law, Jeff B. Fordham
Essays In Jurisprudence And The Common Law, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
A Concise History Of The Common Law, By Theodore F.T. Plucknett, Robert C. Brown
A Concise History Of The Common Law, By Theodore F.T. Plucknett, Robert C. Brown
Indiana Law Journal
No abstract provided.
A Concise History Of The Common Law, Charles H. Kinnane
A Concise History Of The Common Law, Charles H. Kinnane
West Virginia Law Review
No abstract provided.
The Common Law Specific Lien, King Fike
Affidavits And Notice Under Ohio Mechanics' Lien Statute, Joseph O'Meara
Affidavits And Notice Under Ohio Mechanics' Lien Statute, Joseph O'Meara
Journal Articles
Recent cases under the Ohio Mechanics' Lien Statute have tended to emphasize the existing confusion in the perfecting of mechanics' liens and the need for statutory revision. The scintilla rule should be abandoned. Nor should the doctrine of stare decisis call up misgivings.
Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara
Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara
Journal Articles
The opinion of the supreme court in Cleveland Railway Co. v. Kukucz' cannot logically co-exist with the scintilla rule and, therefore, imperatively requires a re-examination of that trouble- some doctrine and a deliberate choice between it and the case referred to. The scintilla rule should be abandoned.
Arbitration At Common Law In Indiana, Edwin M. S. Steers
Arbitration At Common Law In Indiana, Edwin M. S. Steers
Indiana Law Journal
No abstract provided.
The Scope Of Judicial Review, Edson R. Sunderland
The Scope Of Judicial Review, Edson R. Sunderland
Michigan Law Review
There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Michigan Law Review
Anglo-American writers on the conflict of laws and Continental writers on private international law emphasize, with equal strength, the importance of the rules regulating marriage. Marriage is the most important of the social institutions; it is, in fact, the very foundation of the present social order. The legal system of civilized states, which is called upon to maintain this social order, contains an elaborate body of rules, protecting the institution of marriage. It is noteworthy, indeed, that mature legal systems secure best interests involved in domestic relations, besides interests of substance such as property and contract. Each legal system developed …
Husband And Wife As Statutory Heirs, Paul L. Sayre
Husband And Wife As Statutory Heirs, Paul L. Sayre
Articles by Maurer Faculty
No abstract provided.
The Common Law Declaration In West Virginia, Leo Carlin
The Common Law Declaration In West Virginia, Leo Carlin
West Virginia Law Review
No abstract provided.
Priority Of Common Law Liens, Joseph R. Curl
Priority Of Common Law Liens, Joseph R. Curl
West Virginia Law Review
No abstract provided.
Common Law Trusts As Business Enterprises, Robert C. Brown
Common Law Trusts As Business Enterprises, Robert C. Brown
Indiana Law Journal
No abstract provided.
Interstate Succession In Scotland, By James Walker, Paul L. Sayre
Interstate Succession In Scotland, By James Walker, Paul L. Sayre
Indiana Law Journal
No abstract provided.
Telegraph, Telephone And Wireless-Tapping
Telegraph, Telephone And Wireless-Tapping
Michigan Law Review
A recent Federal case, Olmstead v. United States, suggests an interesting problem. Evidence obtained by Federal authorities, who tapped private telephone wires, was admitted in a criminal prosecution. It seems to be the general rule that fraudulently, wrongfully, or illegally procured evidence is admissible, if otherwise admissible. And certainly the courts have required telegraph companies to disclose messages to aid criminal prosecutions. Telegraph operators have been compelled to testify. And even where a state statute forbade disclosure of the message by the company, a subpoena duces tecum has compelled the production of a telegram to aid the courts. Testimony …
The Scintilla Rule, Joseph O'Meara
The Scintilla Rule, Joseph O'Meara
Journal Articles
The language quoted from Jacob Laub Baking Company v. Middleton, in which all concurred, will undoubtedly tend to increase the number of directed verdicts and appears to be, in effect, a repudiation of the scintilla rule. The problem, therefore, is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge on notice that a greater degree of assurance is required to direct a verdict than to set one aside. Holding that the conclusion is against.the plaintiff beyond a reasonable doubt is not inconsistent with recognizing that there is "some evidence, however slight". The …