Items related to Mechanical jurisprudence
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...two actions, the rule of direct causal sequence in measuring damage would be limited. In an action for injury to property, no damages could be allowed for injury to the person, and vice versa. In the principal case, therefore, damages for physical collapse and mental suffering would be recoverable only if sufficient in themselves to support an action. Statutes Of Repose And The "due Process" Clause.--Statutes of Limitation, properly so called, are strongly favored by the courts, and their constitutionality unquestioned if a reasonable time is allowed for suit. See Terry v. Anderson (1877) 95 U. S. 628. They are commonly viewed as protective measures of a personal nature; the theory is that one who makes an adverse claim shall have the dispute settled before the facts are obscured or the evidence lost. Riddlesbarger v. Hartford Ins. Co. (1868) 7 Wall. 386. From a practical standpoint, the convenience of the courts may appear a further consideration; yet, theoretically, it is of little importance, since the statute may be waived. It is also said that failure to bring an action within a reasonable time raises a presumption against its original validity, Battle v. Shivers (1869) 39 Ga. 405, or that the right has been abandoned. Gilfillan v. Union Canal Co. (1883) 109 U. S. 401. A Statute of Limitations cannot, however, operate ex proprio vigore to transfer the ownership of property. Although in Massachusetts a statute has been recently held constitutional providing for the distribution of property of an absentee after a certain period of time, thereby permanently divesting him of all rights therein, Nelson v. Blinn (Mass. 1908) 83 N. E. 889, the decision seems clearly wrong. Lapse of time does not of itself raise a conclusive presumption of abandonmen...
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- PublisherRarebooksclub.com
- Publication date2012
- ISBN 10 1130243427
- ISBN 13 9781130243420
- BindingPaperback
- Number of pages54
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