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Excerpt from The American and English Encyclopedia of Law, Vol. 25 Mandamus, vol. 14, p 479 (6) Replevin (see RE plevin, vol. 20, p. 479 Occupation, Business, Privilege Taxes, 479. 1. Power to I mpase, 479. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...was interdicted in the fifth month after the sale. After reviewing the law and the jurisprudence on the subject, this court said: ' The question now in hand is not whether Baumgarden was, to a certain extent, mentally and physically weakened by disease, but whether he was so affected to a degree rendering him incapable of validly consenting to a contract, and so a fit subject for interdiction. We fully recognize the fact that a person may be mentally and physically weakened by disease without being legally incapacitated to contract, and the law extends its sheltering arms over such persons to the extent of scrutinizing contracts made by them and protecting them from imposition, undue influence, improper advantage, and other fraudulent conduct by persons dealing with them.' Holland 2'. Miller, I2 La. Ann. 624: Chevalier: .-. Whatley, 12 La. Ann. 652. In the present controversy it cannot be claimed, without successful contradiction, that on March S, I884, E. F. Stockmeyer was a fit subject for interdiction; that his mental condition was such that he could have entered into no valid contract; that he was notoriously insane, and that Phelps knew of his condition and incapacity. The evidence shows that it was only some eighteen days before the sale was executed that E. F. Stockmeyer was confined; that Phelps never knew him or saw him, never had any dealing with him, that he did not even inquire or ascertain whether he was purchasing frotn a principal or an agent. It is also to the effect that what he was suflering from was not habitual or general insanity, but merely a mental excitement thought to be temporary, which made him, without cause. judge harshly of himself and feel so melancholic that he would engage in conversation with...
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... entitled to participate in the election of the officers to be nominated.' (b) Election of Delegates.--The election of delegates to a party nominating convention must be conducted under the auspices of the recognized authorities of the party, ' upon proper notice, ' and in such manner as to give all the voters representation must be what the statute implies, a gathering of electors springing from the electors who compose a political party or adhere to a political principle. If such electors fail or decline to send delegates to the convention, or if the delegates sent disagree or act unwisely, then other matters may arise; but there can be no representation without the presence of electors fairly representing the party, or without some opportunity having been given to the electors to say whether or not they desire their party or principle to be represented. This was the doctrine of the Woody case State 2/. Rotwitt, 18 Mont. 502, and is now reaffirmed. Here, in this case, we find an attempted state convention of an organized party, made up of a. few persons, without credentials, voluntarily coming from but nine precincts of one county in a great state, and no attempt at giving to the electors of the party in other precincts or countiesa chance to participate in the assemblage. The whole theory of representation as fairly intended by the law was entirely ignored. The vigorous authority of the electors of the party was lacking, and unless relief is granted in such cases the voters of the state who are members of an existing political party may be confronted with a ballot containing the names of persons in Whose nomination they had no opportunity whatever to take part by delegate representation. We cannot assent to such a...