American Law and Procedure, Volume 10

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James Parker Hall, James De Witt Andrews
La Salle Extension University, 1910 - Law
 

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Contents

CHAPTER II
14
Extraterritorial acts in selfdefense 115
15
Intervention
16
Interventions of right
17
Interventions that are only justifiable
18
Intervention against wrongdoing
19
Intervention to secure balance of power
20
Distinction between law and policy as basis for interven tion
21
CHAPTER III
23
Discovery and occupation
24
Extent of territory acquired by discovery
25
Conquest and cession
26
Accretion
27
Boundaries of state territories
28
Lake and sea boundaries
29
Spheres of influence
30
SECTION 2
31
Entirely enclosed lakes and seas
32
Gulfs and bays
33
Straits
34
Marginal seas
35
Nature of jurisdiction over territorial waters
36
Right of innocent passage
37
Piracy
38
Fisheries
39
SECTION 3
40
Expatriation
41
Status of aliens who have declared intention of expatria tion
42
Jurisdiction over aliens
43
Diplomatic agents
44
Same continued
46
Public ships
47
Merchant vessels
48
Consular jurisdiction
49
Political offences
50
CHAPTER IV
51
Acceptance of diplomatic agents
52
Refusal to accept particular individuals as agents
53
Commencement of diplomatic missions
54
84
55
Immunity of diplomatic agents
56
SECTION 2
57
Negotiation and ratification
58
Validity of treaties
59
Implied conditions in treaties
60
Interpretation
61
Conflicts with other treaties or laws
62
Extinction and renewal
63
SECTION 3
64
International arbitration
65
Retorsion
66
Reprisals
67
Instances
68
CHAPTER V
69
Effect of war on treaties
70
Liability to strangers to process
71
Enemy character of persons
76
Requisitions
82
SECTION 4
88
112 Effect of treaty of peace
93
CHAPTER VI
95
110 Inviolability of neutral territorial jurisdiction
96
Neutral must prevent assistance of belligerents in its territory
97
Equipment of soldiers and ships
98
120 Neutral must render no direct assistance
99
123 When effective
100
124 Breach of blockade
101
125 Same continued
102
SECTION 3
103
Penalty
104
129 Unneutral services
105
130 Right of visit and search
106
107 Privateering
107
Damages distinguished from injury and damage
109
Damnum absque injuriaDamage without injury 110
110
Damage sometimes an essential element of an injury
112
Place of damages in the law
113
CHAPTER II
121
Doctrine of exemplary damages criticised
127
CHAPTER III
133
Certainty in Proving Damage 27 In general
139
Further illustrations
140
Profits fairly susceptible of proof may be recovered
142
Further illustration
143
Recovery of prospective damages depends upon certainty of proof
144
Difficulty of measuring damage by monetary standards
145
Meaning of rule that law adopts most certain method of measuring damages
146
SECTION 3
148
Trespass
149
Nuisance
150
Application in contract
151
CHAPTER IV
152
Damage must be legally a proximate consequence of de fendants breach of duty
153
Liability extends to all intended consequences
154
Illustration C
155
Final limits of responsibility for tort
156
Same continued
157
Same continued
158
SECTION 3
159
Rule in Hadley y Baxendale
160
What constitutes notice of special circumstances
161
Further illustration
163
SECTION 4
164
Illustrations
165
Avoidable consequences and contributory negligence
166
Limitations of doctrine
167
CHAPTER V
169
Nonpecuniary damage
170
Mental suffering
171
Aggravation and mitigation
172
Value as a measure of damages
173
Market price as a test of value
174
Higher intermediate value
175
By defendant
176
By third party
177
Interest
178
Expenses of litigation
179
SECTION 4
180
Interests in realty
181
Interests in personalty
182
CHAPTER VI
184
Breach by vendee
185
Breach by vendee
186
Breach by vendor
187
SECTION 2
188
Breach of covenant of seisin
190
Breach of covenants of warranty and quiet enjoyment
191
Breach of covenant against encumbrances
192
Effect of recital of consideration in deed
193
SECTION 3
194
Contract to pay anothers debt
195
Contract to marry
197
SECTION 4
198
When action is for trespass to personal property
199
When action is for conversion of personal property
200
Prevailing tendency to disregard forms
201
SECTION 5
202
Pain and suffering of deceased
203
Grief and loss of society
204
Excessive verdicts
205
BANKRUPTCY 1 Outline
207
CHAPTER I
209
Earliest English bankruptcy law
210
Progress in bankruptcy legislation
211
State versus Federal bankruptcy laws
212
CHAPTER II
214
Who may be voluntary bankrupts
215
Who may be involuntary bankrupts
216
Inclusion of corporations strictly construed
217
State bankruptcy laws operative where Federal law does not apply
219
Conveyance upon secret trust
229
Conveyances both to pay past debt and to defraud creditors
230
Exchanging nonexempt for exempt property
231
Voluntary conveyances
232
Proof of solvency
233
Future creditors may attack fraudulent conveyances
235
How intent to defraud future creditors shown
236
Assignments with preferences
237
Preferences
238
Statutory admissions by debtor
239
Voluntary cases
240
Issues presented for determination
241
SECTION 5
242
Election and qualification of trustee
243
To set apart bankrupts exemptions
244
To bring suit to recover property and assets
245
To reduce all property to money and pay dividends
246
Compensation of trustee
247
Time and manner of vesting title
248
Documents
250
Fraudulent conveyances
251
Transferable and leviable property
252
Illustrations
253
Choses in action
254
Life insurance policies
255
Rights of action
256
Source of trustees title
258
Property passes to trustee just as bankrupt held it
259
Exemptions and ex pectancies
260
Trust property
261
SECTION 3
262
Purchasers of property conveyed in fraud of creditors
264
Illustrations
265
Effect of act
266
Results of this decision
267
SECTION 4
268
Fundamental features of preferences
269
Insolvency
271
Property included and ascertainment of value
272
Debtors intent to prefer
273
Liens resulting from legal proceedings
274
Additional illustrations
275
CHAPTER V
277
When claims must exist to be provable
278
Claims based on express or implied contracts
279
Express verbal agreements
280
Unliquidated claims
281
Illustrations
282
Unprovable claims
283
Torts not resulting in unjust enrichment
284
Secondary liabilities upon commercial paper
285
Claims to which bankrupt has defence
286
Priority of claims
287
CHAPTER VI
288
Liberality of present Act toward discharges
289
104 Who may apply for a discharge and when
290
105 Nature of proceeding
291
107 Debts not discharged
292
109 Provable claims discharged whether proved or not
293
110 Revival of discharged debt
294
112 Grounds of opposition
295
113 Commission of offense punishable by Act
297
116 Destroying concealing or failing to keep books of account
298
118 Procuring property on credit upon a false written state ment 299 1
299
119 Previous voluntary discharge within six years
300
Advantages to creditors of national law over diverse state laws
301
JUDGMENTS 1 Outline
303
Illustrations
305
What is a court
306
Compliance with statutory re quirements
308
Submission of question to court 309 1
309
Judgments binding property 310 1
310
Opportunity to be heard 312 1
311
10 Summary of essentials of judgments 313 1
313
Kinds of judgments
314
1
315
Formal record of judgment
317
Journal entries and files
318
Justice court records
320
Questions regarding essentials of record 321 1
321
What must always appear
322
Early doctrine
323
Why judgments estop
329
What matters aside from claims counterclaims and
336
Effect of special jurisdiction of court
342
Execution
349
Attachment
350
Fleri facias fi fa
352
Extendi facias
353
Retorno habendo
354
CHAPTER II
355
When process is issued
356
Form of action
357
Grounds or exigencies of issue
358
Rules applicable to all grounds for attachment
359
SECTION 2
361
After judgment becomes dormant
362
After judgment outlawed
363
SECTION 3
364
Second execution on attachment judgment
365
SECTION 4
366
Only persons interested in claim
367
Remedies of persons injured
368
All defendants
369
Limitations upon right to process
370
SECTION 6
371
When process from other courts is authorized
372
Only by the proper officer
373
SECTION 7
374
Substance
375
Form
376
Parts of process
377
What formal parts are essential
378
Same continued
379
As a summons
380
As an attachment Naming the parties
381
CHAPTER III
384
SECTION 1
385
Place Time and Agents for Executing Process 72 Where process may be executed
395
How early 393 393 395 1 74 How late 75 Who may execute process 395 396
396
CHAPTER IV
399
From what time reckoned 79 Garnishee as bailee
400
Garnishee as debtor SECTION 2
401
Judgment or process limited
402
Things not property
403
Defendants estate insufficient
404
Grounds enumerated 86 Statutory exemptions 87 Equitable exemptions
406
Peace and security exemptions
407
Public service exemptions 90 Jurisdictional conflict exemptions
408
In general
409
Levy on land
411
When no levy necessary
412
Order of seizure inventory appraisement in dorsement on process etc
413
Notice of attachment garnishment or execution
414
CHAPTER V
415
Under statute of frauds
416
101 Modern American rule
417
SECTION 2
418
407
420
SECTION 3
422
108 Procedure
423
Available to claimants and garnishees
424
By election of remedies
425
By surrendering possession
426
116 Failure of action or judgment
427
Appendix A International Law 440 4
440
Termination of
442
Bankruptcy
448
1
453
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Page 325 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action, between the same parties, upon a different claim or cause of action.
Page 250 - ... rights of action arising upon contracts or from the unlawful taking or detention of, or injury to, his property.
Page 245 - Property which prior to the filing of the petition he could by any means have transferred...
Page 3 - It has also been observed that an act of congress ought never to be construed to violate the law of nations if any other possible construction remains...
Page 324 - ... the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 157 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 76 - The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
Page 325 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 281 - ... wages due to workmen, clerks, or servants which have been earned within three months before the date of the commencement of proceedings, not to exceed three hundred dollars to each claimant; and (5) debts owing to any person who by the laws of the States or the United States is entitled to priority.
Page 3 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.

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