Harvard Law Review, Volumen34

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Harvard Law Review Pub. Association, 1921
 

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Contenido

What law governs the breach
10
JURISPRUDENCE
11
trustee
17
City of Cleveland Fowler v
20
ACCOUNT
23
Liability of an outsider
27
ARTICLES
30
in italicized type to ARTICLES
40
PRESUMPTIONS
46
Penalty for delayed payment
48
American Fire Ins Co v King
50
personal
54
PROBATE
55
in italicized type to ARTICLES
60
ADEMPTION
67
483507
68
JURY
71
in italicized type to ARTICLES
72
Introducing a period of natural
75
as a misrepresentation of fact 557 FEDERAL COURTS FIDUCIARY RELATIONS
78
PROXIMATE CAUSE
81
Judicial review of commission rate
82
American Ry Express Co
84
Statute valid in its inception
85
EASEMENTS
88
HUSBAND AND WIFE
89
VENDOR AND PURCHASER
90
MUNICIPAL CORPORATIONS
91
760761
92
Oral waiver of condition
93
799
94
D
95
56
96
Uniform State Laws in the United States S W
99
DAMAGES
103
AMENDMENTS TO THE CONSTI 105111
105
ANIMALS Minimum rates and scarcity of labor
116
NOTICE
144
Manufacturer liable as warrantor
151
Right of a municipal
155
Jurisdiction of the United States
161
and in italicized type to ARTICLES
162
Juris et Judicii Fecialis sive Juris Inter Gentes et Questionum
164
66
166
Claims founded upon contract
167
Effect
169
95
172
PARDON
174
Damages liquidated or unliquidated
175
RECEIVERS
178
PARTIES
180
American Steel Wire Co v
182
Situs of a trust for purposes
198
337
202
Davis
205
ADMISSIONS
206
What satisfies the public purpose
207
Effect of false state
210
RES GESTAE
213
Rights and liabilities of wife as
214
Disqualification for kinship with
216
LANDLORD AND TENANT
217
CAUSATION
219
CONSIDERATION
220
The Equality of States in International Law F B S
225
A New Province for Law and ORDERIII Henry Bournes Higgins
227
Application of law
229
of value
237
ence
240
value to the owner
243
JUDGMENTS
244
d Pretium ex affectu sentimental
247
Damages for fright
260
Denial of recovery
277
civil political
280
Malley
282
IMPLIED WARRANTY
305
Taxability of shares owned in
306
Purposes for which taxes may
307
PARTICIPATION IN A BREACH OF TRUST Austin W Scott
308
timental value
312
551
318
Denial of recovery for nervous shock
324
Fulfilment of contract with pur
325
CONSTITUTIONAL
327
INDEMNITY
329
ELECTRIC WIRES
331
225
333
SOVEREIGN
335
RULE AGAINST PERPETUITIES
338
Concerning
361
Corporate powers and their
363
CEMETERIES
364
Nature and incidents of the rela
366
197
369
75
374
A Memoir of the Right Hon
376
Right of one tort
386
EMINENT DOMAIN
388
APPOINTMENT POWER OF CILIATION See under Arbitration and Award
393
For what purposes property
396
Extent of the doctrine
404
467482
408
The Principles of Equity
416
WARRANTY
430
Control of the settlor in charitable
454
Actual notice in equity
457
list of state constitutional
469
50
470
Ames Smyth v
475
282
476
Desirability of trusts for charitable
477
Application
483
388
503
Distinction between corporation
504
registration
508
Vested remainders after a contin
516
Distinction between notice
519
General rules as illus
522
140144
531
LETTERS OF CREDIT
533
What constitutes
546
BILLS AND NOTES
552
CHATTEL MORTGAGES
553
Questions recently certified to
554
STATUTES
557
LIS PENDENS
560
INJUNCTIONS
563
Disappearance of the primitive doc
565
WATER AND WATERCOURSES
566
Checks
568
How far changes may be authorized
570
ESTATES AND FUTURE INTERESTS II Joseph Warren
571
Fraud where marriage
582
PSYCHIC PHENOMENA AND THE LAW Blewett
583
Origin of
584
6
592
WILLS
594
ute involving liability of stock
597
Early law
606
SOVEREIGN COLONIES T Baty
616
Necessity of a power to authorize
621
STRIKES
624
Fraud undue influence and mis
627
Common law marriage mis
628
178
633
same case
637
Gift
639
General nature and effects
648
ALIENATION
650
573
653
ADOPTION
663
Equitable setoff where one claim
666
See Conflict of Laws Constructive Trusts
669
Power of trustees to make changes
672
ADVISORY OPINIONS
673
SALES
677
The doctrine as applied by American
678
ice corporations
679
Eugene Wambaugh
680
Recovery for nervous shock result
681
Application for further relief
687
Recovery for nervous shock result
688
ciary
691
International Law and the World
693
Silence as consent to an appropria
698
nuities in England
701
Authority given courts by 4
708
Early effect of doctrine of seisin
717
Definition of the word
719
nuities in Massachusetts 3540
725
837
730
The Peace Negotiations A Personal Narrative R H Lord
735
STATUTE OF FRAUDS
741
Title of goods subject to bill
753
Oral contract
765
distances
768
CRIMINAL
769
Construction operation and
771
82
776
QUASICONTRACTS
777
432
780
Enjoining coal strike at suit
781
BAILMENTS of receiver by state court
784
EQUITABLE SERVITUDES
786
Anaconda Mining Co Geddes v
787
INSURANCE
788
Respective duties
789
RAILROADS
791
POWERS
799
A Practical Treatise on Abstracts and Examinations of Title
808
Catch
812
1112
819
Durr
824
II
826
Treaty of Versailles
843
563
850
73
857
HISTORY OF LAW the legal system 227
862
As requiring
871
COMBINATIONS
880
BURDEN OF PROOF
882
Brief remarks on accept
888
Commentaries on Equity Jurisprudence Campbell Bosson
889
The Law of Contracts Charles Thaddeus Terry
891
681
893
CAPTURE
897
TORTS
899
COMMON
902
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Página 282 - Witness, for example, the Ohio Constitution, Art. I, sec. 16: "All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law; and justice administered without denial or delay." Yet, the Supreme Court of the State, in Miller
Página 524 - where any real estate shall be devised to any person without any words of limitation, such devise shall be construed to pass the fee-simple or other the whole estate or interest which the testator had power to dispose of by will in such real estate, unless a contrary intention shall appear by
Página 7 - No subject shall be ... deprived of his property, immunities or privileges, put out of the protection of the law, exiled or dea scheme as to the famous charities of Christopher Tancred. See HOBHOUSE, THE DEAD HAND, 66. For instances of the modification of corporate charters by Parliament, see Trustees of Dartmouth College
Página 878 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived from the lawful use of its property . . . without due process of law." Mr. Justice Miller in his concurring opinion said:
Página 459 - 7 Similarly a purchaser of trust effectually exonerate the person paying, transferring, or delivering the same from seeing to the application or being answerable for any loss or misapplication thereof." A number of the American statutes are cited in 2 PERRY, TRUSTS, 6 ed., § 790. One of the most recent statutes is MASS. L.
Página 326 - REV. STAT., §§ 648, 649; 1918 COMP. STAT., §§ 1584, 1587. In England under the Arbitration Act of 1889 a compulsory reference can be made in a cause requiring any "prolonged examination of documents or accounts, or any scientific or local investigation." See 52 & 53 VICT., c. 49, § 14.
Página 885 - SW 1132, 1139 (1908). Now the settled definition of a conspiracy is a "combination of two or more persons to accomplish some criminal or unlawful purpose, or to accomplish some purpose not in itself criminal or unlawful, by criminal or unlawful means.
Página 786 - Income may be defined as a gain derived from capital, from labor, or from both combined, provided it be understood to include profit gained through sale or conversion of capital assets." It is to be noted that this definition does not include any capital increment except such as is realized by a sale or conversion. In Goodrich v. Edwards,
Página 682 - 631. And many states have provided by statute that a party can have but one new trial on the ground that the verdict is against the weight of evidence. See Van Loon v. St. Joseph RR &• Power Co. 271 Mo. 209, 195 SW
Página 607 - and the Real Property Act [1845] its disposal by deed. 136 The latter act also provided that contingent remainders should be capable of taking effect notwithstanding the determination by forfeiture, surrender, or merger of any preceding estate of freehold. 137 The attempt to make contingent remainders take effect as executory devises in 1844

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