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Articles 1 - 16 of 16
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Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Michigan Law Review
What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Relations Between Equity And Law, Wesley Newcomb Hohfield
Relations Between Equity And Law, Wesley Newcomb Hohfield
Michigan Law Review
At the last annual meeting of the Association of American Law Schools, Professor Walter W. COOK contributed an interesting address on Equity and its relation to Law. Taking as his more specific subject, "THE PLACE OF EQUITY IN OUR LEGAL SYSTEM," the speaker began his discussion with an extensive quotation from MAITLAND'S LECTURES ON EQUITY,--a work cordially welcomed by that distinguished scholar's many admirers upon its posthumous publication in the fall of 1909.
Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory
Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory
Michigan Law Review
Paul and the other apostles were brought before the Council of Israel for preaching the doctrines of Christ contrary to the mandates of that body. Gamaliel, a Pharisee and a doctor of the law, stood up in the Council and said: "Ye men of Israel, take heed to yourselves what ye intend to do as touching these men. And now I say unto you, Refrain from these men, and let them alone; for if this counsel or this work be of men, it will come to nought; but if it be of God, ye can not overthrow it; lest haply …
Recent Important Decisions
Michigan Law Review
Attachment - Property in Custodia Legis; Bankruptcy - Promise After Adjudication to Pay Dischargeable Debt; Bills and Notes - Provision for Extension of Time of Payment; Bills and Notes - Transfer as Collateral for Pre-Existing Debt; Carriers - Ticket Not Conclusive Evidence of Contract of Carriage; Constitutional Law - Race Discrimination in Selection of Jury; Corporations - Rights of Pledgor of Stock; Courts - English the Official Language of the Phillippines; Evidence - Declarations as to Pedigree; Evidence - Expert Testimony; Husband and Wife - Power of Husband to Dispose of his Personalty by Gift Causa Mortis; Insurance - Liability …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Michigan Law Review Vol 11 (1912-1913)
Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills
Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills
Michigan Law Review
Pecote: A Bit of Legal Archaeology - -In the case of Pusey v. Pusey, I Vern. 273 (1684), the "bil was, that a -horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in …
Dissatisfaction With Our Judges, C A. Kent
Dissatisfaction With Our Judges, C A. Kent
Michigan Law Review
Dissatisfaction with our judges is no new thing. It existed with the United States Supreme Court in the time of Chief Justice MARSHALL, the greatest of American jurists, after the Dred Scott decision, after the conflicting decisions on the power of Congress to make the government notes a legal tender, and at other times. Probably there is no one of the older states where dissatisfaction with the state courts has not been sometimes acute.
Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram
Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram
Michigan Law Review
The Effect of the Carmack Amendment to the Hepburn Act Upon State Laws as to Limitation by Contract of the Amount of the Liability of a Common Carrier - Three recent decisions of the Supreme Court of the United States involving the construction, of the Carmack Amendment to the Hepburn Act may be considered together, as the second was governed wholly and the third largely by the decision of the first. In the first case plaintiff delivered to defendant express company at Cincinnati, Ohio, a diamond, ring consigned to Augusta, Georgia. The package was never delivered, and plaintiff recovered judgment …
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Michigan Law Review
The Character of User In Prescription - As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during -the endure prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …
Recall Of Judges And Of Judical Decisions, Howard Weist
Recall Of Judges And Of Judical Decisions, Howard Weist
Michigan Law Review
We live in an age when courts are attacked, judges condemned for obeying the constitution, and representative government is ridiculed and sought to be destroyed. The wish of socialists has become the political ethics of near-socialists and many other citizens. It has become popular to rail against the authority 'of courts; to demand that courts shall no longer be conservators of constitutional guarantees; that judges shall serve under the fear of recall; and representative government shall give way to an absolute democracy. Has political wisdom waited for the year 1912, only to offer us socialism and the worn out and …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …
Book Reviews, Joseph H. Drake
Book Reviews, Joseph H. Drake
Michigan Law Review
These two volumes, published simultaneously in the fall of 1912, are the first fruits of the labor of the committee which 'has been working since 19o9 to make available to American lawyers the 'works of the best legal historians of Continental Europe. The Series is to contain' a volume on the "History of Germanic Private Law," one on "Italian Law," one on "French Public Law," one on each of the subjects,-"Continental -Criminal Procedure," "Continental Criminal Law," "Continental Civil Procedure," and "Continental- Commercial Law," with a concluding volume on the "Evolution of Law in, Europe," and an extra volume (to be …
Bank Deposits And Collections, Ralph J. Baker
Bank Deposits And Collections, Ralph J. Baker
Michigan Law Review
In the first portion of this paper-it has been shown that the character of ja deposit is determined by the contract made between the bank and its customer. It now remains to point out the various conditions of fact and combinations of circumstances which are useful in ascertaining the true character of the contract when the subject of the deposit is commercial paper, as drafts, notes, or cheques.