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Articles 5821 - 5850 of 5943
Full-Text Articles in Evidence
Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler
Deeds Delivered Conditionally To The Grantee, Ralph W. Aigler
Articles
Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's hands; likewise a deed may be undelivered …
The Bloodhound As A Witness, John C. Mcwhorter
The Bloodhound As A Witness, John C. Mcwhorter
West Virginia Law Review
No abstract provided.
Juvenile Courts And Privileged Communications, Evans Holbrook
Juvenile Courts And Privileged Communications, Evans Holbrook
Articles
In the case of Lindsey v. People, (Colo., 1919) 181 Pac. 531, the Supreme Court of Colorado has held that Judge Lindsey of the Juvenile Court of Denver could not refuse to testify as to a communication made to him by a child who was at the time of the communication suspected of crime and against whom proceedings were later taken in the Juvenile Court. The decision was by a vote of four to three, and a vigorous dissenting opinion was written by Justice Bailey and concurred in by Justices Scott and Allen.
The Scintilla Rule Of Evidence, Edson R. Sunderland
The Scintilla Rule Of Evidence, Edson R. Sunderland
Articles
In analyzing the reasons why "trial by jury has declined to such an extent that it has come in many cases to be an avowed maxim of professional action,--a good case is for the court; a bad case is for the jury,"-JUDGE DILLON, in his LAWS AND JURISPRUDENCE, pp. 130-2, credits "the false principle known as the scintilla doctrine" with a large degree of responsibility.
Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane
Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane
Articles
Van Sickle v. Doolittle, (Ia., 1918), 169 N. W. 141, was an action for malpractice against a physician of the homeopathic school of medicine. Upon the trial, a physician of the allopathic school was called, and after testifying that he was unskilled in the science of homeopathy, was allowed to testify that the treatment shown to have been given to the patient by defendant, would produce no physiological effect, and that proper treatment required the giving of such medicines as would produce such effect. This was held error upon the ground that the defendant was called to treat the patient …
Spontaneous Exclamations V. Res Gestae, T. P. H.
Spontaneous Exclamations V. Res Gestae, T. P. H.
West Virginia Law Review
No abstract provided.
An Experiment In The Psychology Of Evidence, Lyman Chalkley, College Of Law Students
An Experiment In The Psychology Of Evidence, Lyman Chalkley, College Of Law Students
Kentucky Law Journal
No abstract provided.
Contract Of Infant--Evidence, Competency Of Witness Under Survivorship Statute, Victor H. Lane
Contract Of Infant--Evidence, Competency Of Witness Under Survivorship Statute, Victor H. Lane
Articles
Two questions are presented by the case of Sigiaigo v. Signaigo, (Mo. 1918), 205 S. W. Rep. 23: First, the enforcibility of the contract of an infant, fully performed by her, to live with a man and his wife as their adopted child so long as they should live, in consideration that the infant should have all the property of the foster parents upon their death; and Second, the competency of the consenting mother of the infant to testify in support of the infant's claim.
Some Problems In Hearsay And Relevancy In Missouri, E. W. Hinton
Some Problems In Hearsay And Relevancy In Missouri, E. W. Hinton
University of Missouri Bulletin Law Series
There is no rule better known than that hearsay evidence is generally not admissible. It is equally true, though not so widely known, that there are a large number of specific exceptions to this general rule of exclusion. Hearsay, has been so long under the ban that the profession not uncommonly thinks of it as not being evidence at all, rather than as a kind of evidence generally excluded for reasons of policy connected with the jury trial. This notion is responsible for a good deal of confusion in dealing with the exceptions under which hearsay is received. Instead of …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman
Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman
Michigan Law Review
The Death of President Angell - The death of Dr. James Burrill ANGELL, president-emeritus of the university, has deprived the law school of a sympathetic and helpful friend. Such was the catholicity of Dr. ANGL'S mind and his intellectual interests that probably all departments of the university felt and had good reason to feel that he was in some special sense the interested friend of each.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Michigan Law Review
Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge
Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge
Michigan Law Review
Recovery of the Purchase Price Before Title Has Passed - 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 …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Gordon Stoner, Edgar N. Durfee, Werner W. Schroeder, Albert J. Mickelson, Maurice Weinberger
Note And Comment, Gordon Stoner, Edgar N. Durfee, Werner W. Schroeder, Albert J. Mickelson, Maurice Weinberger
Michigan Law Review
The Form of the Summons Under the Recent Michigan Judicature Act - It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 915, § 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed
Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed
Michigan Law Review
Legislative Power to Restrict Freedom of Labor Contracts -The struggle between the police power of the legislature and the nineteenth century idea of due process of law continues unremittingly. That increasing social necessities and a more comprehensive and perfect conception of justice have resulted in recent years in restricting the "due process" clauses in federal and state constitutions to their historically and logically more correct meaning and scope there can be no doubt. Scores, if not hundreds, of decisions by our courts and conspicuously those of the United States Supreme Court have shown complete recognition of the fact that the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Observations On The Law Of Evidence, Ezra Ripley Thayer
Observations On The Law Of Evidence, Ezra Ripley Thayer
Michigan Law Review
Complaints of the administration of justice have been many of late, and the law of evidence has had its full share. Our profession ought to listen to such complaints with an open mind and a temper free from prejudice or irritation; and if we are honest with ourselves we may realize that it will take an effort to attain this serene and candid intellectual atmosphere. Conservatism is a natural and proper attribute of our profession. Law, as has been finely said, "embodies beliefs that have triumphed in the battle of ideas, and then have translated themselves into action; while there …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Hollis Harshman
Note And Comment, Hollis Harshman
Michigan Law Review
Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Examinations In Evidence, Lyman Chalkley
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.