American Law and Procedure, Volume 10

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

Selected pages

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
CHAPTER III
23
Discovery and occupation
24
Extent of territory acquired by discovery
25
Conquest and cession 24 Same Prescription
26
Accretion
27
Boundaries of state territories 27 River boundaries
28
Protectorates
29
Spheres of influence
30
SECTION 2
31
Entirely enclosed lakes and seas
32
Gulfs and bays
33
Straits
34
Marginal seas 37 Nature of jurisdiction over territorial waters
36
Right of innocent passage 31 32
37
Piracy
38
Fisheries
39
SECTION 3
40
Expatriation
42
Jurisdiction over aliens 46 Foreign sovereigns
43
Diplomatic agents
44
Same continued
46
Public ships
47
Merchant vessels
51
Consular jurisdiction
52
Extradition
53
Political offences
54
Nature and classification of treaties
57
Combatants and noncombatants
70
Immovables
80
SECTION 3
86
112 Effect of treaty of peace
93
120 Neutral must render no direct assistance
99
129 Unneutral services
105
Damage sometimes an essential element of an injury
112
Place of damages in the law
113
CHAPTER II
121
38
126
Doctrine of exemplary damages criticised
127
CHAPTER III
133
Certainty in Proving Damage 27 In general
139
No damages allowed for loss of profits incapable of proof
140
Further illustrations
141
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
40
152
42
153
44
154
46
155
47
156
48
157
49
158
SECTION 3
159
Rule in Hadley v Baxendale
160
What constitutes notice of special circumstances
161
Limitations of doctrine
167
69
173
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 4
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
14 Business in which corporation is engaged and not charter powers control
220
CHAPTER V
221
Limitations upon rights of creditors to join in petition
222
CHAPTER III
224
Statute of Elizabeth
225
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
SECTION 5
242
Election and qualification of trustee
243
To take possession of property
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
Patents patentrights copyrights and trademarks
250
61
256
SECTION 3
262
76
269
80
272
81
275
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
103 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 121 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
Judgments binding property
310
Personal judgments
311
Opportunity to be heard
312
Summary of essentials of judgments
313
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
Early doctrine
323
Doctrine does not apply to inferior courts
324
Records of superior domestic courts conclusive on collateral attack
325
What courts may vacate modify and amend judgments
326
Such action during the term
327
Modern practice as to relief after the term
328
Why judgments estop
329
Essentials of estoppel by judgment
330
What matters are res judicata
331
Causes of action and defences which are barred
332
Application of doctrine of merger
333
Only cause of action sued on and defences to it are ex tinguished
335
What matters aside from claims counterclaims and de fences are concluded
336
Judgments in rem and in personam
338
In what suits judgments bind parties and privies
339
Who are parties
340
Judgment essential
341
Effect of special jurisdiction of court
342
Judgment must be final on merits and subsisting
344
Judgment must be in personam
345
Satisfaction of judgment and subsequent rights
346
ATTACHMENTS GARNISHMENTS AND EXECUTIONS CHAPTER I
347
Enforcement by coercion
348
Replevin
349
CHAPTER II
355
Garnishments
361
Only persons interested in claim
367
All defendants
369
48
375
What? How much? When return
381
62
386
69
393
CHAPTER IV
399
Grounds enumerated
406
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
Termination of
442
Bankruptcy
448
Copyright

Other editions - View all

Common terms and phrases

Popular passages

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.

Bibliographic information