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

Recognition of billigerency
10
Effects of changes of sovereignty
11
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
Extent of territory acquired by discovery
22
CHAPTER III
23
Discovery and occupation
24
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
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
Reasonable necessities of war
71
Rights of noncombatants
72
Giving Quarter
73
Conventional provisions
74
Prisoners of war
75
Enemy character of persons
76
Peaceful intercourse between enemies
77
Belligerent subjects in hostile territory at outbreak of war
79
Immovables
80
Immovables
81
Requisitions
82
Confiscation of public and private debts
83
Capture and confiscation of property at sea
84
Exceptions
85
SECTION 3
86
102 Duties of local officers
87
SECTION 4
88
106 Use of deceit and spies
89
107 Privateering
90
109 Punishment of offenders against laws of war
91
SECTION 5
92
112 Effect of treaty of peace
93
120 Neutral must render no direct assistance
99
129 Unneutral services
105
Damages estimated by jury under instructions of court
114
CHAPTER II
121
Doctrine of exemplary damages criticised
127
CHAPTER III
133
In general
139
Difficulty of measuring damage by monetary standards
145
Application in contract
151
Same continued
158
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 1
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
Outline
207
CHAPTER II
214
Business in which corporation is engaged and not charter
220
In bankruptcy act
226
Retention of possession by seller
227
Assignments with preferences
237
Preferences
238
Statutory admissions by debtor
239
Voluntary cases
240
Issues presented for determination
241
CHAPTER IV
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
50 Compensation of trustee
247
Time and manner of vesting title
248
Documents
250
Fraudulent conveyances
252
Illustrations
253
Choses in action
254
Life insurance policies 255 1
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
119 Previous voluntary discharge within six years
300
NOTE g121 Advantages to creditors of national law over diverse state laws
301
JUDGMENTS 3
303
Illustrations
305
What is a court
306
Compliance with statutory re quirements
308
Submission of question to court
309
Judgments binding property
310
Personal judgments
311
Kinds of judgments
314
SECTION 2
315
Formal record of judgment
317
Journal entries and files
318
Justice court records
320
Questions regarding essentials of record
321
What must always appear
322
Record and judgment distinguished
325
Causes of action and defences which are barred
332
Judgments in rem and
338
Judgment must be final on merits and subsisting
344
Execution
349
Attachment
350
Feri 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
Levy and Service
399
Judgment or process
402
Public service 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
100 Under statute of frauds
416
101 Modern American rule
417
SECTION 2
418
105 In property after levy
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
125 By setting off against other judgments
433
Appendix A International Law
440
Bankruptcy
448
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Page 160 - 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 251 - Property which prior to the filing of the petition he could by any means have transferred...
Page 5 - 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 80 - 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 382 - President of the United States of America, to the Marshal of the District of Columbia, greeting...
Page 5 - 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.
Page 298 - ... at any time subsequent to the first day of the four months immediately preceding the filing of the petition transferred, removed, destroyed, or concealed, or permitted to be removed, destroyed, or concealed any of his property with intent to hinder, delay, or defraud his creditors...
Page 316 - CD being in the custody of the Marshal of the Marshalsea of our said Lord the King, before the King himself, of a plea of trespass on the case...
Page 80 - An army of occupation can only take possession of cash, funds and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property of the State which may be used for operations of war.
Page 13 - Neither party could so understand the cession. Neither party could consider itself as attempting a wrong to individuals, condemned by the practice of the whole civilized world. The cession of a territory by its name from one sovereign to another, conveying the compound idea of surrendering at the same time the lands and the people who inhabit them, would be necessarily understood to pass the sovereignty only, and not to interfere with private property.

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