American Law and Procedure, Volume 3

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

From inside the book

Contents

Attempt
70
SECTION 2
71
Obedience to official orders as justification
72
Exercise of official authority as an excuse
73
Selfdefence
74
Defence of house
75
Defence of property
76
CHAPTER V
79
Principals in the first degree
80
Principals in the second degree
81
Accessory before the fact
82
Liable for what acts of others
83
CHAPTER VI
85
Injury inflicted in one place and victim dies in another
86
SPECIFIC CRIMES
88
Defined
94
Murder of the peacemaker
100
Illustrations
101
Voluntary manslaughter What is provocation
104
100 Same continued
106
101 Same continued
108
102 What is cooling time
111
103 Involuntary manslaughter
113
Illustration
114
105 The evidence and proof in homicide cases
115
106 Same continued
116
107 Same continued
122
108 Same continued
127
CHAPTER VIII
130
111 Entering
132
112 Dwellinghouse
133
113 Of another
134
115 The felonious intent
135
117 What is a burning
136
CHAPTER IX
138
122 Wrongful taking by servant
139
Deposit by servant for him
140
124 Trespass in making exchange
141
125 Wrongful conversion of property delivered by mistake
143
126 Wrongful conversion by finder of lost property
146
127 Trespass by bailee in breaking packages
149
128 Fraudulent acquiring amounting to a trespass
150
129 What is obtaining with consent
152
130 What carrying away is sufficient
153
131 What goods are anothers
154
132 What is a sufficient taking
155
133 Property taken must be personal estate
156
134 In what things one may have property so that taking is larceny
157
135 The intent at the time
158
136 What is intent to deprive owner of his property
160
137 Intent to deprive the owner permanently
163
138 What is conversion to takers own use
164
SECTION 2
166
141 The force and fear
167
142 Robbery from the presence
168
SECTION 3
169
SECTION 4
170
SECTION 5
171
SECTION 6
173
SECTION 7
175
149 The writing altered
176
151 What is uttering a forgery
177
SECTION 9
178
154 Pretense must procure and be false
179
155 What is a pretense
180
156 What is obtaining
182
SECTION 10
183
CHAPTER X
185
161 Forcible entry and detainer
186
164 Libel
187
165 Morals in general
188
167 Adultery
189
168 Miscegenation
190
170 Sodomy
191
172 Fornication
192
174 Nuisance
193
CHAPTER XI
195
177 Compounding a felony
196
179 Embracery
197
181 Perjury
198
182 Contempt
200
Treason and Piracy
202
CHAPTER I
208
9
215
Modes of Prosecution
221
Definition and requisites
229
SECTION 4
230
The practice in issuing it
241
CHAPTER IV
242
Ancient practice Standing mute Pressing to death
243
A New England case
244
Plea in abatement Misnomer
245
Demurrer to the indictment
246
The same offense
248
Plea of not guilty
249
Plea of guilty
250
Change of venue
251
Compulsory process for witnesses Motions for continu ance
252
CHAPTER V
253
Trial by jury
254
63 Opening statements
255
Separation and competency of witnesses
256
Burden of proof Presumption of innocence Reasonable doubt Grades of offenses
257
Alibi
259
Cannot be proved by confession
260
Practice in regard to confessions
262
Argument of counsel
263
Nature of argument
264
Instructions of the court
265
Jury in charge of the case
266
Sealed verdict 267
267
CHAPTER VI
268
Sentence
269
SECTION 2
271
Abstracts
272
Rehearing
273
SALES OF PERSONAL PROPERTY 1 Introduction The Sales Act
275
CHAPTER I
277
Contracts of sale are simple contracts
278
Conditions subsequent
279
Sales between part owners
280
Liability for necessaries
282
What are necessaries
283
CHAPTER II
285
Sales Acts
286
Contracts for the sale of
287
English rule
288
Massachusetts rule
289
New York rule
290
Goods wares and merchandises
292
Growing crops and timber Fructus industriales and fructus naturales
293
Miscellaneous property Choses in action Sales Act
295
For the price of fifty dollars ten pounds sterling or upwards
296
24
297
Shall be allowed to be good
298
Or that some note or memorandum in writing of the said
304
Seller with no interest
310
35
316
41
322
Merchantability
334
CHAPTER V
341
Seller must deliver and buyer accept goods
371
Place time and manner of delivery
372
Delivery of wrong quantity
374
Delivery by installments
376
Delivery to a carrier on behalf of the buyer
378
Right to examine the goods
380
What constitutes acceptance
381
Acceptance does not bar action for damages
382
Buyer is not bound to return goods wrongly delivered
383
Buyers liability for failing to accept delivery
384
CHAPTER VII
386
Receipt of negotiable instrument as payment
387
Remedies of an unpaid seller
388
When right of lien may be exercised
389
Lien after part delivery
390
When lien is lost
391
When goods are in transit Sales Act
393
Illustrations and comment
394
Who may stop goods and subject to what claims
395
Effect of transfer of negotiable document of title
396
Ways of exercising the right to stop
397
Sales Act
398
Illustrations and comment
399
107 Rescission by the seller
401
CHAPTER VIII
402
Illustrations and comment
403
110 Action for damages for nonacceptance of the goods
404
111 Rescission of contract or sale
405
112 Action for converting or detaining goods
406
118 Interest and special damages
412
Appendix B Criminal Procedure
422
Copyright

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Page 321 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Page 286 - 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, or give something in earnest to bind the bargain, or in part payment...
Page 363 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 404 - Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Page 375 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Page 319 - Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Page 287 - ... ready for delivery or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery ; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business the provisions of this section shall not apply.
Page 41 - Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.
Page 344 - ... the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holding for the buyer, he is presumed \to have unconditionally appropriated the goods to the contract, except in the cases provided for in the next rule and in section 20.
Page 384 - ... 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.

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