American Law and Procedure, Band 9

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

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Inhalt

Same continued
12
CHAPTER II
14
Constitutional provisions
15
Charter of public corporation not a contract
17
Rights of legislature distinguished from rights of creditors
18
Legislative apportionment of debt on division of public corporations
19
When creditors are injuriously affected
20
Possible basis of right to local selfgovernment
21
Prevailing view against the right
23
Cooleys opinion in Detroit cases
25
Comment on latter view
27
Legislative control of local matters of state importance
28
Trust property
29
Property held for local purposes
30
Property held for state purposes
31
SECTION 2
32
What is a special legislation ? Object of prohibition
34
Permissible principles of classification
35
Classification according to population
36
Classification according to geographical conditions
38
Other methods of classification
39
Provisions requiring local choice of city officials
40
What are local officials
41
Methods of evading provisions for local choice of officials
42
What are municipal affairs
44
Other constitutional provisions intended to secure municipal home rule
46
CHAPTER III
47
General nonliability of quasimunicipal corporations
49
Suggested theories of this
50
Exceptions to nonliability of quasimunicipal corporations
51
Acts of police officials
52
Acts of health officials
54
Fire officials
55
Further comment and illustration
57
Nonliability for failure to enact ordinances
58
Failure to enforce ordinances
59
Licensing a nuisance
60
Criticism of rule
61
Nonliability for school and tax officials
62
Conflicting views
63
Effect of power to control officers
64
Distinction between city and country roads
65
Effect of deriving revenue therefrom
66
Negligence in management of municipal property
67
Effect of deriving revenue therefrom
68
Attempt to create more extended liability
69
Comment and criticism
70
Failure to provide adequate public works
71
Affirmative damage caused by defective public works
72
Liability of public corporations in tort for ultra vires acts
74
Illustrations of nonliability
76
Illustrations of liability
77
CHAPTER IV
79
For specific purposes
80
For general purposes
81
Implied power to issue negotiable bonds when expressly authorized to borrow money
82
Constitutional restrictions on power to incur indebtedness
84
Same continued
85
Reci tals
86
Public records
87
Right to recover from a public corporation in quasicontract
88
PUBLIC OFFICERS Introduction 1 Administrative law
90
Ordinary treatment of subject
92
CHAPTER I
93
Distinguished from an employment
94
Created by law
96
Duties
97
Eligibility to Office 10 When qualifications must exist
98
Age
99
Religious or political belief
100
Crime
101
Civil service requirements
102
Remedies thereunder
104
CHAPTER II
106
Secret ballot
107
Limited voting
108
24 Vote necessary to a choice
109
Compliance with statutory regulations
111
Recognition of political parties on official ballots
112
Effect of decisions of party organizations
113
Nominating petitions
114
Primary laws
115
Direct primaries
116
Regulation of party organization
117
SECTION 2
118
General grant of executive power does not include appoint ment of officers
119
Appointment includes selection
120
What constitutes an appointment
121
Time of appointment
123
SECTION 3
124
What constitutes acceptance
125
SECTION 4
126
Term of appointee to fill vacancy
127
SECTION 5
128
Acquiescence and reputation
129
Color of title
130
No officer de facto without an office de jure
131
Rights and duties
132
CHAPTER III
133
Loss of qualifications
134
Abandonment and forfeiture
135
Power to remove for cause not included in grant of execu tive power
137
Removal for cause by courts
138
Impeachment
139
Removal on charges and after hearing
141
State practice
142
Power of removal incident to power of appointment when tenure of office not fixed by law
143
Power of suspension
144
Acceptance
146
Implied powers
152
Mandatory and directory statutes
158
Power of final determination of fact of citizenship
164
Discretionary duty
171
CHAPTER V
177
105 Exclusion of Chinese
183
CHAPTER VI
189
115 Inapplicability of contractual principles
192
117 Accrued pay
193
118 Payment to de facto officers
194
119 Reimbursement
195
133 Liability on official bonds 206 1
206
EXTRAORDINARY REMEDIES 1 Relation of subject to administrative law
207
SECTION 1
208
Not used to control discretion
210
Absence of other adequate legal remedy necessary
211
Not to try title to office
213
Mandamus to municipal corporations
215
Parties to whom the writ is granted 1 217 1
217
SECTION 2
218
Reaches only judicial acts
219
Absence of other adequate legal remedy necessary
220
To try title to office
221
To establish right to office
222
To enforce forfeiture of office
223
Against municipal corporations
224
Against private corporations
225
To enforce a forfeiture of charter
226
To oust foreign corporations from doing business in the state
227
Discretion in granting
230
SECTION 4
232
To review questions of law
233
Same continued
234
Inadequacy of other remedies
235
Discretion in granting
236
Purpose of the writ
237
Paramount over all other writs
239
Dentention sufficient to warrant grant of writ
240
A writ of right
241
Jurisdiction of state courts
242
Excess of jurisdiction in court committing prisoner
243
Custody of children
244
Release on bail
245
Special limitation of treatment here
246
Distinguished from mandamus
247
Distinguished from prohibition
248
Distinguished from quo warranto
249
Distinguished from certiorari
250
Distinguished from habeas corpus
251
To prevent officers acting under unconstitutional laws
252
To restrain collection of assessment
253
CONFLICT OF LAWS Introduction 1 Origin of subject
255
Questions of jurisdiction of law
256
CHAPTER I
258
Settlement of uninhabited country by migration
259
Settlement of inhabited country by migration
260
When newcomers are predominant
261
SECTION 2
262
Illustrations
263
Foreigners on board
264
From American states
265
Illustration
266
Ships within foreign territory
267
Same continued
268
Public vessels
269
Only one law applicable to a single matter
270
Criticism of contrary view
271
Summary
272
SECTION 3
273
Same continued
274
Accession by discovery
275
Peaceful cession
276
Law of interstate commerce before congressional action
279
Same continued
280
View that a Federal common law is applicable
281
View that state common law continues until changed by Congress
282
Reasoning in support of latter view
283
Independent judgment of Federal courts as to state com mercial law
284
Argument for this view
285
Possible differences of judicial opinion regarding state com mon law of interstate commerce
286
State criminal law upon Federal subjects also continues un til changed by Congress
287
Same continued
288
In general
289
Conflict as to applicable law
290
Rational solution of difficulty
292
CHAPTER II
294
Term domicile explained
295
Status of domicile is common to all persons
296
Domicile of choice
297
Abandonment of domicile
298
Presence in foreign nation without intent to establish domi cile
299
Domicile while on the way to new abode
300
Change of domicile not accomplished by mere absence
301
Domicile of corporations
302
CHAPTER III
304
Same continued
306
Validity of marriage determined by law of place where solemnized
307
Same continued
308
Further exception
309
Importance of exceptions in America
310
SECTION 2
311
Against subsequent interest of third parties Law of situs
312
Further illustration
313
Choses in action
314
Shares of corporate stock
315
Note secured by mortgage
316
Deeds and conveyances must conform to law of situs
317
Marital Property Rights 73 In general
319
Property owned at time of marriage
320
Same continued
321
Property acquired after marriage
322
Real estate governed by law of situs
323
Realty
324
Distribution of Property After Death 82 Scope of chapter
326
SECTION 1
327
Exception by statute of situs
328
Intestate succession to real estate governed by law of suits 329 SECTION 2
329
Law of domicile governs
330
Law of domicile at time of death governs
331
Law of situs governs
332
Contrary rule by statute of situs
333
Revocation of a will
334
Estate devised governed by law of situs
335
Validity of devise of land governed by law of situs
336
Jurisdiction of Courts
337
104 Domicile of defendant may supply court for suit
343
şiii Courts of situs have jurisdiction of foreign claims to prop
349
117 Domestic attachment of nonresidents property necessary
355
Appendix A Municipal Corporations
365
Extraordinary Remedies
375
Urheberrecht

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Seite 1 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Seite 151 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...
Seite 84 - No political or municipal corporation in this State shall ever become indebted, in any manner or for any purpose, to an amount, in the aggregate exceeding two per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness ; and all bonds or obligations, in excess of such amount, given by such corporation, shall be void...
Seite 159 - ... ineffectual. Such generally are regulations designed to secure order, system and dispatch in proceedings, and by a disregard of which the rights of parties interested cannot be injuriously affected.
Seite 277 - By the cession, public property passes from one government to the other, but private property remains as before, and with it those municipal laws which are designed to secure its peaceful use and enjoyment. As a matter of course, all laws, ordinances and regulations in conflict with the political character, institutions and constitution of the new government are at once displaced.
Seite 97 - But if a duty be a continuing one, which is defined by rules prescribed by the Government, and not by contract, which an individual is appointed by Government to perform, who enters on the duties appertaining to his station, without any contract defining them, if those duties continue, though the person be changed, it seems very difficult to distinguish such a charge or employment from an office, or the person who performs the duties from an officer.
Seite 286 - There is no common law of the United States, in the sense of a national customary law, distinct from the common law of England as adopted by the several States each for itself, applied as its local law, and subject to such alteration as may be provided by its own statutes.
Seite 203 - judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.
Seite 350 - ... to its rules concerning the holding, the transfer, liability to obligations, private or public, and the modes of establishing titles thereto. It cannot bring the person of a nonresident within its limits — its process goes not out beyond its borders — but it may determine the extent of his title to real estate within its limits ; and, for the purpose of such determination, may provide any reasonable methods of imparting notice.
Seite 97 - an employment," it does not follow that every employment is an office. A man may certainly be employed under a contract, express or implied, to do an act or perform a service without becoming an officer.

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