Mississippi Law Review, Band 1Dennis & Company, 1922 |
Häufige Begriffe und Wortgruppen
action administration admission American Bar Association American Law Institute appeal application appointed arrangement attorney Blackstone Law Club Board Bolivar County Buffalo Bill cause Chancery Charles Viner Circuit Code Cody committee common law corporation counsel County CRIMINAL LAW D. R. Stump decision Dicey Digest duties elected encyclopedias English law error fact held HOMICIDE Honorable ideals inaugural lecture interest Jackson Judge Clayton Judge D. M. Russell Judge Holden Judge T. C. Kimbrough judgment judiciary jury justice Lamar County LAW BOOKS Law School law students lawyers legal literature legal profession legislation Legislature LeRoy Percy Lmbr Lotterhos Lucius Q. C. Lamar meeting ment Miss Mississippi Bar Association Mississippi Law Review practice Pref present President principles printed Professor published question responsibility rule school of law session statute success Supreme Court tion trial ultra vires ultra vires contracts University of Mississippi violation volume
Beliebte Passagen
Seite 35 - a contract of a corporation, which is ultra -vires, in the proper sense, that is to say, outside the object of its creation as defined in the law of its organization, and, therefore, beyond the powers conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect — the objection to the contract is not merely that the corporation ought not to have made it, but that it could not make it.
Seite 36 - The doctrine of ultra vires, when invoked for or against a corporation, should not be allowed to prevail where it would defeat the ends of justice or work a legal wrong.
Seite 38 - That kind of plunder which holds on to the property, but pleads ultra vires against the obligation to pay for it, has no recognition or support in the laws of this state.
Seite 52 - Committee on the Establishment of a Permanent Organization for the Improvement of the Law.
Seite 57 - It is especially necessary for us to perceive the vital relation of individual courage and character to the common welfare, because ours is a government of public opinion, and public opinion is but the aggregate of individual thought. We have the awful responsibility as a community of doing what we choose, and it is of the last importance that we choose to do what is wise and right. In the early days of the antislavery agitation a meeting was called at Faneuil Hall, in Boston, which a good-natured...
Seite 27 - Practical and Elementary Abridgment of the Common Law, as altered and established by the Recent Statutes, Rules of Court, and Modern Decisions ; comprising a full Abstract of all the Cases argued and determined in the Courts of Common Law and on Appeal, with...
Seite 37 - ... of any other corporation, if such other corporation be engaged in the same kind of business and be a competitor therein.
Seite 26 - ... of the law, or to explain the reasons on which it is built. But, as the preface to the first edition states, ' the general plan of this Digest is, that the author lays down principles or positions of law, and illustrates them by instances, which he supports by authorities ; and these are trenched out and divided into consequential positions or points of doctrine, illustrated and supported in the same manner. By this means, each head or title exhibits a progressive argument upon the subject, and...
Seite 35 - A contract of a corporation, which is ultra vires, in the proper sense, that is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect. The objection to the contract is not merely that the corporation ought not to have made it, but that it could not make it. The contract cannot be ratified by either party, because it could not have been...
Seite 23 - It is so necessary that without a wonderful, I might say miraculous, felicity of memory three parts of reading in four shall be utterly lost to him who useth it not ;" and all the writers of students' books of this period gave the same advice.1 Under these circumstances it is not surprising that the publishers found it a profitable venture to issue, "An Alphabetical Disposition of all the heads necessary for a perfect Commonplace.