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Articles 16171 - 16200 of 16687

Full-Text Articles in State and Local Government Law

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1922, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1922

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1922, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Constitutional Problems Of Kentucky, Leon P. Lewis Jan 1922

Constitutional Problems Of Kentucky, Leon P. Lewis

Kentucky Law Journal

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1922, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1922

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1922, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Operation And Effect Of Recording, Ralph W. Aigler Jan 1922

Operation And Effect Of Recording, Ralph W. Aigler

Articles

While the operation of the recording acts is not uncommonly said to result in a preference of the earlier recorded instrument on the ground that under the circumstances the later grantee takes "with notice," the true view in the normal case would seem to be that the earlier grantee is preferred because priority in time gives priority in right-and by recording, he has done all that is required to preserve that favored position. Recording does not ordinarily give preference, it merely safeguards priority. Reference is here made to the normal case because it is, of course, true that there are …


Waters And Water Courses - No Riparian Right In Montana, Evans Holbrook Jan 1922

Waters And Water Courses - No Riparian Right In Montana, Evans Holbrook

Articles

Plaintiff owned lands through which a stream flowed; defendant, by virtue of an appropriation duly made, diverted all the water in the stream and used it for irrigation purposes. Plaintiff, claiming only as a riparian owner, sued to enjoin defendant's diversion of the stream on the ground that it was an invasion of riparian rights. Held, that the common law doctrine of riparian rights does not prevail in Montana, and that plaintiff's complaint does not state a cause of action.


Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich Jan 1922

Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich

Articles

It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at …


1922-1976 Rowan County (Ky.) Appeals And Sedeus Bonds, Rowan County (Ky.) Circuit Court Jan 1922

1922-1976 Rowan County (Ky.) Appeals And Sedeus Bonds, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The Appeals and Sedeus Bonds Ledger of Rowan County (KY.) Circuit Court from May of 1922 to February of 1976.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1922, Volume One, Kentucky. General Assembly. Senate. Jan 1922

Journal Of The Senate Of The Commonwealth Of Kentucky, 1922, Volume One, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1922 term. This volume covers January 3, 1922 to February 7, 1922.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1922, Volume Three, Kentucky. General Assembly. Senate. Jan 1922

Journal Of The Senate Of The Commonwealth Of Kentucky, 1922, Volume Three, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1922 term. This volume covers March 7, 1922 to March 15, 1922. This volume includes the index for all three volumes.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1922, Volume Two, Kentucky. General Assembly. Senate. Jan 1922

Journal Of The Senate Of The Commonwealth Of Kentucky, 1922, Volume Two, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1922 term. This volume covers February 8, 1922 to March 6, 1922.


Reinstatement Of Disbarred Attorney, Edson R. Sunderland Jan 1922

Reinstatement Of Disbarred Attorney, Edson R. Sunderland

Articles

The petitioner asked to be reinstated. The court, excepting Justice Fellows, who concurred in the result but expressed no opinion, said they would be glad to reinstate him but for the fact that he was a non-resident, which in their opinion made him ineligible, but they gave their endorsement of his good character by vacating the order of disbarment. The questions which occur are these: 1. Did the court have the power to vacate its order of disbarment after the time for opening, amending or vacating judgments had passed? 2. Did the vacation of the order of disbarment operate ipso …


Declaratory Judgments, Edson R. Sunderland Jan 1922

Declaratory Judgments, Edson R. Sunderland

Articles

The subject of declaratory judgments has received a great deal of attention in the United States during the last few years, and the interest aroused has resulted in the enactment of statutes in a considerable number of states authorizing courts to declare the rights of parties in cases where relief of the conventional sort is inadequate, inconvenient or impossible. Such judgments may now be obtained in California, St I92I, ch. 463; Connecticut, P. A. 1921, ch. 258; Florida, Laws 1919, No. 75; Hawaii, Laws 1921, Act 162; Kansas, Laws 1921, cl. 168; New Jersey, Laws 1915, ch. 116, Sec. 7; …


The Kansas Declaratory Judgment Act In Operation, Edson R. Sunderland Jan 1922

The Kansas Declaratory Judgment Act In Operation, Edson R. Sunderland

Articles

Statutes of Kansas authorized cities of the first class to carry out works of internal improvement and provide for payment of the cost thereof by issuing bonds of the city running no longer than ten years and bearing interest not exceeding five per cent. When conditions following the war made the marketing of five per cent bonds impossible at a price anywhere near par, the legislature enacted a new law authorizing the issuance of internal improvement bonds at six per cent interest, but requiring every such bond to contain a privilege of prepayment after five years from date. The city …


Waters And Water Courses - The Effect Of The Desert Land Act Of 1877, Evans Holbrook Jan 1922

Waters And Water Courses - The Effect Of The Desert Land Act Of 1877, Evans Holbrook

Articles

The Act of March 3, 1877, generally known as the Desert Land Act, provides for the sale of desert lands to persons who agree to irrigate and cultivate such lands. The act defines desert lands as lands which will not, without some irrigation, produce crops, and provides that the Commissioner of the General Land Office shall determine what may be considered as such lands; it provides also that the right to the use of water on such lands shall depend upon appropriation, and continues as follows: "and all surplus water over and above such actual appropriation and use, together with …


Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich Jan 1922

Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich

Articles

With the purely local phases of the law governing the relation of husband and wife, Conflict of Laws has no concern. Nor do we deal with Public International Law problems, such as the question of expatriation by marriage. We are concerned with two questions: first, what law governs the creation of the marriage relation; and second, the recognition and protection to be given the relation and incidents arising therefrom, under the law of states other than that in which the relationship was created.


Privity Of Contract And Tort Liability, Herbert F. Goodrich Jan 1922

Privity Of Contract And Tort Liability, Herbert F. Goodrich

Articles

Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?


Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler Jan 1922

Joint Tenancy In Personal Property In Michigan, Ralph W. Aigler

Articles

In Lober v. Dorgan, 215 Mich. 62, decided July 19, 1921, the court again wrestled with the problem which has troubled the Michigan courts for many years, as to whether the law of the state recognizes any such thing as joint ownership in personal property with the common law incident of survivorship. The facts presented a controversy between the estates of husband and wife, the latter having survived the former. A real estate mortgage had been given to "George W. Bush and Sarah Bush, his wife, of Gobleville, Michigan, as joint tenants, with sole right to the survivor." After the …


Growth And Development Of The Police Power Of The State, Collins Denny Jr Dec 1921

Growth And Development Of The Police Power Of The State, Collins Denny Jr

Michigan Law Review

The police power of the state is one of the most difficult phases of our law to understand, and it is even more difficult to define it and to place it within any bounds. In speaking of this power the court has recently said: "It extends not only to regulations which promote the public health, morals, and safety, but to those which promote the public convenience or the general prosperity. * * * It is the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government."' The term is …


The Court Of Industrial Relations In Kansas, H W. Humble May 1921

The Court Of Industrial Relations In Kansas, H W. Humble

Michigan Law Review

Most of the articles which have heretofore appeared in print in reference to the new Court of Industrial Relations in Kansas have beet taken up with such matters as the nationality of Alexander Howat; president of the 'Kansas district of the United Mine Workers, the cost and frequency of strikes among miners, the ideals of Governor Henry J. Allen and others responsible for the creation of the new Court and the like. But little has found its way -into print in the way of an exact analysis of the jurisdiction, powers and methods of procedure of this'tribunal. Such an analysis …


Trust Company In Michigan, Ralph Stone May 1921

Trust Company In Michigan, Ralph Stone

Michigan Law Review

A trust company in Michigan is a financial and business institution. It came into being, in this state -as elsewhere, in response to the need for an efficient and business-like organization to administer estates and trusts of all kinds as a relief to the individual executor, administrator and trustee. The ever -increasing complications of business and finance placed a burden upon the individual- the relative, the friend, or the business associate-which he found he could not carry without considerable sacrifice either to his own interests or to those of the trust. Those who create trusts either by will, or private …


1921 Education Funding Bill. State Of Tennessee 62nd General Assembly., Tennessee General Assembly Apr 1921

1921 Education Funding Bill. State Of Tennessee 62nd General Assembly., Tennessee General Assembly

Establishment of ETSU

Passed April 7, 1921 by the 62nd General Assembly of the state of Tennessee, Senate Bill no.856, overhauled education funding within the state. All state education funds were combined into one fund thereafter known as the State School fund, to be appropriated according to the provisions of this bill. After other expenses, Senate Bill no.856 established 4.5% of all remaining state funding would be distributed to each of the normal schools.


Rent Regulations Under The Police Power, Alan W. Boyd Apr 1921

Rent Regulations Under The Police Power, Alan W. Boyd

Michigan Law Review

Conditions resulting from the widespread housing shortage caused by the cessation of building during the war have given rise to legislation which must seem startling indeed to much of the legal talent surviving from a generation ago. The outstanding example is to be found in the New York laws which so far have succeeded admirably in eluding the constitutional pitfalls relied upon to nullify them. Three provisions have borne the brunt of the attack. The first prevents the recovery of an unreasonable rent in an action at law, and places the burden of showing reasonableness upon the landlord." Another suspends …


Departure From Precedent, H W. Humble Apr 1921

Departure From Precedent, H W. Humble

Michigan Law Review

With the death of the reason for it, every legal doctrine dies.' * * * The fact that the reason for a given rule perished long ago is no just excuse for refusing now to declare the rule itself abrogated, but rather the greater justification for so declaring; and if no, reason ever existed, that fact furnishes additional justification. The doctrine of stare decisis does not preclude a departure from precedent established by a series of decisions clearly erroneous, unless property complications have resulted and a reversal would work a greater injury and injustice than would ensue by following the …


History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks Apr 1921

History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks

Michigan Law Review

Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.


New Hampshire Constitutional Convention, Leonard D. White Feb 1921

New Hampshire Constitutional Convention, Leonard D. White

Michigan Law Review

New Hampshire's tenth constitutional convention, upon whose labors the voters will pass judgment in November, 1920, offers a striking contrast to most constitutional conventions of recent years.' It met originally in June, 1918, sat for three days, during which it organized, appointed its committees, debated andt disposed of an important constitutional question, and then adjourned awaiting the quieter days of peace. Upon reconvening in January, igo, it concluded its work within seventeen days, at an expense of less than $5oooo, and proposed only seven amendments, five of which had been submitted to the voters by previous conventions. For a body …


The West Virginia Law Permitting Corporations To Issue Stock Without Par Value, Buckner Clay Jan 1921

The West Virginia Law Permitting Corporations To Issue Stock Without Par Value, Buckner Clay

West Virginia Law Review

No abstract provided.


A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke Jan 1921

A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke

West Virginia Law Review

This paper suggests the benefits that might be derived from the establishment and maintenance of a legislative reference bureau in West Virginia. Similar agencies are now functioning in a majority of the states and at the national capital. It is understood that a need for such a bureau has developed in this state, and that a bill providing for the creation of a legislative reference bureau will be presented to the legislature at this session.


The State Judiciary, John D. Carroll Jan 1921

The State Judiciary, John D. Carroll

Kentucky Law Journal

No abstract provided.


Judges And Advocates Of Kentucky, E. J. Mcdermott Jan 1921

Judges And Advocates Of Kentucky, E. J. Mcdermott

Kentucky Law Journal

This article was originally published in the American Law Review, vol. 4, no. 6.


The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland Jan 1921

The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland

Articles

While rules of procedure are not saved from the rude hand of the reformer by the "due process" guarantees of our constitutions, they do rest, nevertheless, under the very efficient protection of professional conservatism. Such rules are looked upon by the bench and bar as their own special concern, and innovations in this field must maintain the burden of proving their character before both the lawyer members of the legislature and the lawyers and judges who interpret them in the course of litigation. It would be natural, therefore, to expect that a proposed reform in procedure would have to meet …