American Law and Procedure, 4. sējums

James Parker Hall, James De Witt Andrews

La Salle Extension University, 1910

Saturs

• PERSONAL PROPERTY AND BAILMENTS CHAPTER: 1
• Distinction between real and personal property: 3
• Terms of years: 4
• Devolution of property at death of owner 7 Special forms of property: 5
• Chattels 9 Same Choses in action: 6
• CHAPTER IL: 7
• Bill in equity: 8
• SECTION: 9
• All personal property actions are possessory only: 10
• CHAPTER III: 11
• Wreck: 12
• Waifs and estrays: 13
• Treasure trove: 14
• Title by Accession: 16
• Wilful conversion: 22
• No forfeiture where restitution possible: 31
• Judgments in personam Execution sales: 38
• Increase of property in adverse possession: 44
• What amounts to a delivery: 45
• Gift by deed under seal: 48
• SECTION 4: 49
• CHAPTER VII: 50
• Express or implied contract for services: 52
• Lien by custom of trade: 53
• Lien where bailee bound to receive the goods: 54
• Specific liens: 55
• General liens: 57
• No lien for detention charges: 58
• Property known to be bailed to guest: 59
• Summary: 61
• Guests possession known to be wrongful: 62
• Carriers lien: 63
• Lien cannot be transferred: 64
• Waiver of lien: 65
• Waiver excusing tender: 67
• Lien of livery stable keeper: 70
• CHAPTER VIII: 72
• Effect of transfer by pledgee: 73
• Same continued: 74
• Same continued: 76
• CHAPTER X: 87
• PATENT: 99
• Nature of patents: 101
• CHAPTER II: 103
• Distinction between art and machine: 105
• Manufacture: 106
• Meaning of invented or discovered: 107
• What is not invention: 108
• Mechanical equivalents: 112
• Combination and aggregation: 113
• What is invention: 117
• Novelty: 118
• Utility: 119
• Abandonment: 121
• What is not patentable: 122
• Designs: 125
• CHAPTER III: 127
• Applications: 128
• The specification: 129
• The claims: 130
• The claims continued: 132
• Functionality: 134
• Oath: 136
• Amendments: 137
• Appeals and other remedies: 138
• Allowance: 139
• Extensions reissues and repeals: 140
• Secrecy in Patent Office: 142
• Title Conveyances and Contracts Relating to Patents 41 Statute: 144
• Assignment grant license and recording: 145
• Operation and effect of license: 146
• Suggestions in regard to contracts relating to patents: 147
• State statutes relating to assignments of patents: 149
• Regulation of dealings in patented articles: 150
• CHAPTER V: 153
• Substitution of equivalents: 155
• Same continued: 156
• Change of form: 158
• Infringement of combination: 159
• Infringement of compositions of matter and design patents: 160
• Contributory infringement: 161
• Marking patented: 163
• Damages in actions at law for infringement: 164
• COPYRIGHT AND TRADEMARKS CHAPTER I: 165
• Subjects included under common law right: 167
• Right under statutes: 168
• Scope of Act: 169
• Extent of protection given: 171
• Illustrations: 172
• Right of alien to secure copyright: 174
• Where copies of work are not to be reproduced: 175
• Registration fee and certificate: 176
• Notice of copyright: 177
• Fees: 178
• Importation prohibited: 179
• Infringement: 180
• Infringement wilful and for profit: 181
• False claim of copyright or fraudulent removal of notice: 182
• CHAPTER II: 184
• Trade names: 185
• Scope of this article: 186
• What marks may be acquired: 187
• First act held unconstitutional: 188
• Who may register: 189
• What is such near resemblance as is meant by the act: 191
• Descriptive symbols: 192
• Descriptive by long use: 193
• Test: 194
• Proceedings in Patent Office: 195
• Term: 196
• Assignment of trademarks: 197
• Notice to public: 198
• Importations: 199
• Interference of registered marks: 200
• Remedies in law and equity: 201
• Destruction of labels etc: 202
• RIGHTS IN LAND OF ANOTHER Introduction 1 Scope of article: 203
• Use of land involves incidental use of neighboring land: 204
• CHAPTER I: 206
• Subjacent support: 207
• Shoring up adjoining land: 208
• Legislation: 209
• Ordinary annoyances Esthetic tastes: 210
• Unreasonable disturbances: 211
• Justification of neighborhood: 212
• Justification of public authority: 214
• Right of drainage for surface water: 215
• Percolating water: 216
• Right of reasonable use Examples: 217
• Unreasonable use not illegal in some states: 218
• Natural water courses Underground streams: 219
• Underground streams: 220
• Termination of natural rights of a landpossessor: 221
• Profits Easements Licenses 25 Outline of chapter: 223
• Rights to hunt and fish: 224
• Profits appurtenant: 225
• Methods of creating profits a prendre: 226
• SECTION 2: 228
• Easements in gross: 229
• Conventional easements: 230
• Effect of excessive use by owner of easement: 232
• Subsidiary uses within scope of easement: 233
• Termination of easements: 234
• Rights when fee is in abutting owners: 235
• Rights when fee is in state: 236
• Some interference with user of public is legitimate: 237
• Railways: 238
• Private ways: 239
• Increased needs of dominant tenement Improve ments: 240
• Passageways: 241
• Party walls: 242
• Creation of party wall easements: 243
• Party wall easement rights: 244
• Statutes concerning division fences: 245
• Light and air 65 Burial rights: 246
• Implication of easements: 247
• Equitable restrictions on use of land: 248
• Reasonable restrictions on use are enforceable as equitable easements: 249
• Contracts to act affirmatively do not raise equitable ease ments: 250
• Duration of equitable easements: 251
• Equitable easements may be appurtenant or in gross: 252
• Examples of licenses: 254
• Defective agreement for something more than a license: 255
• Irrevocable licenses: 256
• CHAPTER III: 258
• Same continued: 259
• Covenants between owner of incorporeal right and posessor of servient land: 260
• Burden of contracts generally does not run at law: 261
• Same continued: 263
• Running of benefits of contracts: 264
• LANDLORD AND TENANT CHAPTER I: 267
• Leases in fee for life and for years: 268
• Leases at will at sufferance and from year to year: 269
• Leases by implication: 270
• License and lease distinguished: 271
• Assignment and lease distinguished: 272
• Flats office rooms apartments and deskroom: 274
• Illustration: 275
• Working on shares: 278
• Lease or contract to sell: 279
• CHAPTER II: 282
• What is sufficient writing: 283
• Effect of entering on void lease: 286
• When part performance will validate oral leases in equity: 287
• Usual covenant: 288
• Remedies for breach of: 289
• Condition of premises: 290
• Possession enjoyment and so forth: 293
• General rules of construction: 294
• Length of term Description of property: 295
• Dependence of promises of parties: 296
• Same continued: 298
• Assignees Damages: 299
• Covenant for further assurance: 300
• Covenants of seizin and right to convey: 301
• Option to terminate renew or purchase: 303
• CHAPTER III: 305
• Comment and illustrations: 307
• Power to assign sublet mortgage etc: 308
• Attornment: 309
• Assignment sublease and mortgage distinguished: 310
• Strictly construed: 312
• Provisions for forfeiture: 313
• Effect against assignees: 314
• Between lessor and lessee: 315
• Between lessor and assignee: 317
• Effect of sublease: 318
• Rights between lessee and subtenant or assignee: 319
• CHAPTER IV: 320
• Liability for taxes insurance etc: 321
• Waste and liability therefor: 322
• Liability to third parties: 323
• Liability of lessor to tenant: 325
• Lessors promise to remedy: 326
• Lessors subsequent knowledge of: 327
• In control of lessor: 328
• Appurtenances under lessors control: 329
• Statutory liability: 331
• Lessors right to enter to make repairs: 332
• Construction and effect: 333
• In general: 334
• Form of action: 335
• Measure of damages: 337
• In general: 338
• Lessors assigns: 339
• In absence of contract: 341
• Under contract: 342
• Tenants assigns: 343
• CHAPTER V: 345
• In general: 347
• Assignees agents partners mortgages etc 1: 348
• Apportionment of rent: 350
• Transfer of reversion: 351
• Apportionment as to time: 352
• When rent is due: 353
• Effect upon rent of assignment surrender or failure to: 354
• Ouster eviction and breach of covenant: 355
• Destruction of premises: 356
• Statutory rules Eminent domain: 358
• To whom payable: 359
• Receipts application of payments and mistakes: 360
• Remedies of landlord for rent: 361
• Tenants defences: 363
• What is distrainable: 364
• Mode of levy: 365
• Validity against tenants creditors and vendees: 366
• Special statutory lieos: 368
• Same continued: 369
• Attachment for rent: 371
• Forms of action: 372
• Defences: 373
• CHAPTER VI: 374
• Annexation not indispensable in special cases: 375
• Constructive annexation and severance: 376
• 103 Adaptability to use of realty: 377
• 104 Relations of the parties to the chattel and to the land: 378
• 105 Right of lessee for years and his assigns to remove fixtures: 381
• 106 Trade and agricultural fixtures: 382
• 107 Right of vendor mortgagor and executor to remove: 386
• 108 When removal must be made: 389
• CHAPTER VII: 393
• Service and contents of notice: 394
• Length of notice: 395
• Termination by death of parties: 397
• Covenants and conditions 398: 398
• Notice and waiver: 399
• Waste disclaimer and notice to quit: 400
• g118 Surrender: 401
• Conflicting views: 402
• g120 Right to emblements: 405
• Appendix A Personal Property and Bailments: 407
• Appendix B Patent Law: 412
• Copyright and Trade Marks: 414
• Rights in Land of Another: 416
• Appendix E Landlord and Tenant: 419
• Appendix F Form of lease: 424

Populāri fragmenti

109. lappuse - Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention. It creates a class of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies, which enable them to lay a heavy tax upon the industry of the country, without contributing anything to the real advancement of the arts. It embarrasses the honest pursuit of business with fears and apprehensions of concealed...

190. lappuse - ... merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term, shall be registered under the terms of this Act...

190. lappuse - An Act to authorize the registration of trademarks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same...

100. lappuse - Provided also and be it declared and enacted* That any declaration before mentioned shall not extend to any letters patents and grants of privilege for the term of fourteen years or under hereafter to be made of the sole working or making of any manner of new manufactures within this realm to the true and first inventor and inventors of such manufactures which others at the time of making such letters patents and grants shall not use...

172. lappuse - ... to make any arrangement or setting of it or of the melody of it in any system of notation or any form of record in which the thought of an author may be recorded and from which it may be read or reproduced...

161. lappuse - We hold, therefore, that if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other, the first one patented is infringed by the other.

171. lappuse - ... to make or procure the making of any transcription or record thereof by or from which, in whole or in part, it may in any manner or by any method be exhibited, delivered, presented, produced, or reproduced ; and to play or perform it in public for profit, and to exhibit, represent, produce, or reproduce it in any manner or by any method whatsoever.

199. lappuse - ... shall be admitted to entry at any custom-house of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer...

129. lappuse - Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...

149. lappuse - Notwithstanding these exceptions, the general rule is absolute freedom in the use or sale of rights under the patent laws of the United States. The very object of these laws is monopoly,, and the rule is. with few exceptions, that any conditions which are not in their very nature illegal with regard to this kind of property, imposed by the patentee and agreed to by the licensee for the right to manufacture or use or sell the article, will be upheld...

Bibliogrāfiskā informācija

• Nosaukums: American Law and Procedure, 4. sējums; American Law and Procedure, James Parker Hall
• Redaktori: James Parker Hall, James De Witt Andrews
• Līdzstrādnieks: La Salle Extension University. Department of Law
• Izdevējs: La Salle Extension University, 1910