American Law and Procedure, 4. sējums

Pirmais vāks
James Parker Hall, James De Witt Andrews
La Salle Extension University, 1910
 

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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
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Lien where bailee bound to receive the goods
54
Specific liens
55
General liens
57
No lien for detention charges
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Property known to be bailed to guest
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Summary
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Guests possession known to be wrongful
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Carriers lien
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Lien cannot be transferred
64
Waiver of lien
65
Waiver excusing tender
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Lien of livery stable keeper
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CHAPTER VIII
72
Effect of transfer by pledgee
73
Same continued
74
Same continued
76
CHAPTER X
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PATENT
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Nature of patents
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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
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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
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Infringement
180
Infringement wilful and for profit
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False claim of copyright or fraudulent removal of notice
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CHAPTER II
184
Trade names
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Scope of this article
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What marks may be acquired
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First act held unconstitutional
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Who may register
189
What is such near resemblance as is meant by the act
191
Descriptive symbols
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Descriptive by long use
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Test
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Proceedings in Patent Office
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Term
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Assignment of trademarks
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Notice to public
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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
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CHAPTER I
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Subjacent support
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Shoring up adjoining land
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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
Railways
238
Private ways
239
Increased needs of dominant tenement Improve ments
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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
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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

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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...

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