A Manual of Elementary Law: Being a Summary of the Well-settled Elementary Principles of American Law

Front Cover
Bowen-Merrill Company, 1896 - Law - 467 pages
 

Contents

Right of
51
CHAPTER IX
59
CHAPTER X
67
117
74
128
80
SECTION PAGE 138 Estates in remainder
85
Rule in Shelleys Case
87
Estates in reversion
88
Tenancy in common
89
CHAPTER XII
90
Adverse possession
91
Occupying claimant
92
Title by devise
93
153157 Wills
94
Title by purchase
96
Deeds by dispossessed owners
97
Form of deeds
98
Guardians deeds
99
Powers of attorney
100
170172 Title by eminent domain
101
Title by escheat
103
CHAPTER XIII
104
Burial rights
105
CHAPTER XIV
106
Executor
107
CHAPTER XV
109
Contract defined
110
Capacity of parties
111
Executory or executed contracts
112
Parol contracts
113
Time of contract
114
Contracts of record
115
CHAPTER XVI
116
Infants
117
Taxes and interest
118
Duress
119
Drunkenness
120
Married women
121
206209 Contracts by agents
122
Apportionment of rent
124
CHAPTER XVII
127
Transfer of title
129
Interpretation of contract
130
Bailment
131
Common carrier
132
Partnership
134
Formation of partnership
135
220222 Dissolution of partnership
136
Individual and partnership creditors
137
Rights after dissolution
138
CHAPTER XVIII
139
Foreign and inland bills
140
Duty of the holder
141
Signatures and date
142
Surety guarantor indorser and assignor
143
Law of the place
144
Capacity of parties
145
CHAPTER XIX
147
How interpreted
148
Payment of premium
149
Insurable interest
150
CHAPTER XX
151
Adequacy of consideration
152
Release by creditors
153
Executed and executory considerations
154
CHAPTER XXI
156
Promises of executors or administrators
157
Debt default and miscarriage
158
Agreements in consideration of marriage
159
Agreements not to be performed within a year
160
Signature to memorandum
162
CHAPTER XXII
164
Powers of corporations
165
Charter
166
Dissolution
167
CHAPTER XXIII
168
Remedies
169
CHAPTER XXIV
171
Battery defined
172
Selfdefense
173
The remedies
174
CHAPTER XXV
176
Lawful restraint without legal process
177
Lawful restraint with legal process
179
Remedy
180
Remedy for arrest of privileged persons
181
CHAPTER XXVI
182
The malicious motive
183
Absence of probable cause
184
Proceeding must have terminated
185
Malicious prosecution of civil actions
186
Remedy
187
CHAPTER XXVII
189
Libel and slander
190
Slander imputing crime
191
Slander imputing disease
192
Slander of title
193
Newspapers
194
Publication
195
Construction
196
Certainty
197
Malice
198
Justification
200
Privilege
201
Legislative proceedings
202
Naval and military matters
203
Matters of public interest and concern
204
Communications made under duty
206
Communications made in selfdefense
207
CHAPTER XXVIII
211
Right to asserable
212
Right to bear arms
213
Right to office
214
Right to education
215
Performance of official duties
216
Duties of the legislature
217
Executive and administrative duties
218
Judicial duties
219
Public duties by private persons
220
Right to own property
221
Right to make contracts
222
Right to labor employ labor and do business 999
224
CHAPTER XXIX
225
Husband and wife
226
Illegal sexual relations
227
Parent and child
228
Principal and agent
229
Materiality
239
Wrongdoers intent that the representation be acted on
240
Representations must have been acted on
241
Damage
242
CHAPTER XXX
244
Nuisance defined
245
Coming to a nuisance
247
Intent or motive immaterial
248
What may be nuisances
249
Kinds of nuisance
251
Nuisances both public and private
252
Obstruction of highways
253
Purprestures
254
Duration of the obstruction
255
The special injury
256
Remedies
257
Evidence of nuisance
258
CHAPTER XXXI
259
Elements of actionable negligence
260
Inevitable accident
261
No degrees in negligence
262
Intoxication
263
The person to whom the duty is owing
264
The damage
265
Legal connection
266
Injured persons unlawful act
267
Contributory negligence
268
Plaintiffs knowledge of danger
269
Persons of defective powers
270
Misleading conduct
271
Imputed negligenceChildren
272
CHAPTER XXXII
274
The law in the United States
275
Injuries between husband and wife
281
Childs interest in parent
287
Rights of guardian and ward in each other
293
MASTER AND SERVANT
295
Servants liability to master
303
WRONGS TO PERSONAL PROPERTY
309
CHAPTER XXXIX
315
Effect by statute of frauds
321
Exclusive jurisdiction of federal courts
327
Jurisdiction of the circuit courts of appeals
330
Jurisdiction of the district courts
332
Jurisdiction of the court of claims
334
Jurisdiction of the court of private land claims
335
State courts
336
CHAPTER XLI
338
Actions how commenced
339
How served and returned
340
Objections to jurisdiction
341
Issues of fact and issues of law
342
Trials
343
Functions of court and jury
345
Attendance of witnesses
346
Hearsay evidence
347
Examination of witnesses
348
Burden of proof
349
Motions for new trial
350
Motions in arrest of judgment
351
Appeals and writs of error
352
CHAPTER XLII
354
InjunctionsProhibitory and mandatory
355
Administering full relief
356
Suits in equityPleadings
357
Evidence on hearing
358
CHAPTER XLIII
359
Admiralty jurisdiction
360
Admiralty procedure
361
CHAPTER XLIV
363
Quo warranto
364
How obtained
365
What application must showReturn
366
Contempt
367
Direct or constructive contempt
368
How writ served
369
Capias
370
Accord and satisfaction
371
Certiorari
373
CHAPTER XLV
374
Criminal statutesHow construed
375
Aiding counseling etc
376
Ignorance or mistake of fact
377
Principals liability for offense of agent
378
Insanity
379
Jurisdiction of crimes
380
Jurisdiction over sovereigns ambassadors etc
381
CHAPTER XLVI
383
Abduction and kidnaping
384
Assault
385
Assault with intent
386
Barratry
387
Bigamy or polygamy
388
SECTION PAGE 638 Burglary
389
Cheating
390
The agreement
391
Extortion
392
Forgery
393
Voluntary manslaughter
394
Justifiable homicide
395
Malice
396
654656 Larceny
397
Malicious trespass or mischief
398
Perjury
399
Piracy
400
Robbery
401
Seduction
402
CHAPTER XLVII
404
Validity of warrant
405
Arrest by private person
406
Extradition
407
Examination bail etc
408
Right to speedy trial
409
Change of venue
410
IndictmentInformation
411
Pleas to indictment
412
Jury impaneling
413
Examination of witnesses
414
Special rules in criminal cases
415
Arguments of counsel
416
Conduct of juryVerdict
417
Conditional
425
39
431
40
446
42
454
43
461
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Page 5 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 157 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 5 - Constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If then the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution and not such ordinary act must govern the case to which they both apply.
Page 332 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 343 - evidence." in legal acceptation, includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.
Page 333 - The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Page 152 - ... circumstances and performance of the promise will satisfy an actual or supposed or asserted duty of the promisee to the beneficiary, or a right of the beneficiary against the promisee which has been barred by the Statute of Limitations or by a discharge in bankruptcy; or which is unenforceable because of the Statute of Frauds; (c) an incidental beneficiary if neither the facts stated in Clause (a) nor those stated in Clause (b) exist.
Page 157 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 36 - ... holds possession of them, and no longer. Such (among others) are the elements of light, air and water; which a man may occupy by means of his windows, his gardens, his mills, and other conveniences...
Page 110 - A contract is an agreement, upon sufficient consideration, to do or not to do a particular thing.

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