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Prosecuting And District Attorneys, Henry M. Bates Jan 1909

Prosecuting And District Attorneys, Henry M. Bates

Book Chapters

Professor Bates defines his subject matter "Prosecuting and district attorneys are judicial officers of the state, within their respective districts, although not officers of the state at large. Under some statutes they are county officers, while under others they are not, but are circuit or district officers.... Like other attorneys, prosecuting and district attorneys are officers of the court; but they are not a part of the court because of their office." A two-page outline precedes the entry.

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Principal And Agent, Edwin C. Goddard, Louis Lougee Hammon Jan 1909

Principal And Agent, Edwin C. Goddard, Louis Lougee Hammon

Book Chapters

Prof. Goddard's 500-page entry under the subject, co-authored with Louis L. Hammon. Preceded by a 15-page outline.

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Recent Important Decisions, Michigan Law Review Dec 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Concealment of Property--Bankruptcy Schedules Inadmissible Against Bankrupt on Trial for Concealing Property; Bankruptcy--Jurisdiction--Recovering Excessive Counsel Fees; Bills and Notes--Extension of Time of Payment--Release of Lien of Trust Deed; Carriers--Error in Ticket--Ejection of Passenger; Carriers--Free Pass Within Statutory Prohibition; Constitutional Law--Judgment of Sister State--Full Faith and Credit; Corporations--Promoters--Sales to Corporation; Discovery--Personal In juries--Power of Court to Compel Physical Examination of Plaintiff; Divorce--Defense--Connivance; Elections--Primary Elections--Canvassing of Votes; Eminent Domain--Interest on Award Against the Government; Eminent Domain--"Private Property"--Owner's Remedy--Injunction; Evidence--Burden of Proof--Fraudulent Conveyances; Fire Insurance--Forfeiture of Policies--"Other Insurance"; Insurance--Subrogation--Accident Insurance; Judgment--Conclusiveness of Decision of United States Commissioner on Collateral Attack; Master and Servant--Disobedience …

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Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt May 1908

Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt

Michigan Law Review

Suits Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--Corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional Law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joinder of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions Reviewable; Equity--Sworn Answers as Evidence--Proof to Overcome; Evidence--Opinion Evidence in Action for Libel; Evidence--The Best Evidence Rule; Fraudulent Conveyances--Delivery and Change of Possession of …

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Note And Comment Apr 1908

Note And Comment

Michigan Law Review

The Case of Bigelow v. Calumet and Hecla Mining Company et al., Involving the Question of the Control by One Corporation of a Competing Corporation; The right of the Federal or a State government to Maintain an Action for the Recovery of Taxes; Liability of a Life Insurance Company When the Insured is Executed for the Commission of a Crime; Jurisdiction of a Court of Equity to Restrain the Commission of Criminal Acts; Municipal Contracts for Patented or Proprietary Paving

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Recent Important Decisions, Michigan Law Review Apr 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Defect in Proceedings--Effect; Bankruptcy--Equitable Rights under Unrecorded Mortgage--Agreement to Insure--Equitable Lien on Insurance Money; Bankruptcy--Insolvent Firm--Individual Estate of Unadjudicated Solvent Partner Not Subject to Administration; Bills and Notes--Liability of Indorser of Non-Negotiable Note; Bills and Notes--Liability of Irregular Indorser; Carriers--Wrongful Treatment of Passengers--Damages for Mental Suffering; Constitutional Law--Imprisonment for Debt--Peonage; Constitutional Law--Interstate Commerce--Shipments Within a State; Corporations--Foreign Corporations--Effect of Withdrawal From State--Validity of Service; Courts--Jurisdiction--Action Under the Laws of Another State; Covenants--Running with the Land; Damages--Destruction of Growing Grass; Evidence--Admissibility of a Deed as an Ancient Document; Evident--Admissions in Pleading; Garnishment--Nonresident Defendant--Jurisdiction; Jury--Right to Trial by Twelve Jurors--Waiver of Jury; …

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Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt Feb 1908

Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt

Michigan Law Review

The Proposed Code of Legal Ethics for the American Bar Association; The Power of a court of Equity to Order the Exhumation of a Dead Body for Examination in Aid of the Defense of a Civil Action at Law; The Consolidation of Municipal Corporations and the Federal Constitution; The Scalper in Law and in Equity; The Basis of Equitable Jurisdiction in Cases of Fraud;

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Recent Important Decisions, Michigan Law Review Jan 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …

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Note And Comment, Henry M. Bates, Robert M. See, Horace Lafayette Wilgus, Clyde A. Dewitt Nov 1907

Note And Comment, Henry M. Bates, Robert M. See, Horace Lafayette Wilgus, Clyde A. Dewitt

Michigan Law Review

Courts--Jurisdiction of Circuit Court--Enjoining Writ of Error; Criminal Law--Arraignment--Waiver; Damages--Personal Injuries--Expense of Nursing; Deeds--Boundaries--Navigable Waters; Deeds--Variance Between Granting Clause and Habendum--Construction; Eminent Domain--Use of Urban Street Car Lines by Interurban Cars; Evidence--Admissibility of Statement of One Partner to a Commercial Agency as to Asset and Liabilities; Evidence--Admission of a Carbon Copy of a Contract as a Duplicate Original; Federal Courts--jurisdiction--Action Against State Officers; Foreign Corporations--Liability to be Sued; Homicide--Self-Defense--Provoking Difficulty; Insurance--Certificate Silent as to Suicide; Joint Stock Associations--have they at Common law Powers and Privileges of a Corporation not Possessed by Individuals or Partnerships?; Municipal corporations--Protecting Against Fraud by Ordinance--Sale …

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Recent Important Decisions, Michigan Law Review Nov 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Who is a "Child"; Agency--Ratification--Act Must Have Been Done as Agent--Trusts--Pretended Agent as Constructive Trustee; Bankruptcy--Assets--Commissions of Agent on Policies Written Prior to Adjudication; Bankruptcy--Property Held Under conditional Sale--Right to Reclaim; Banks and Banking--Usury Laws--Notes Purchased in Good Raith--Power of Congress to Regulate National Banks; Bills and Notes--Execution in Blank--Statutory Provisions; Constitutional Law--Inheritance Tax--due Process of Law; Contracts--Abandonment--Recovery;

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Recent Important Decisions, Michigan Law Review Jun 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Insurance Policies--Cash Surrender Value; Bankruptcy--Partnership and Individual Assets; Bills and Notes--Payment by the United States of Pension Checks on Forged Indorsements--Recovery of Payment; Common Carriers--Defective Transfers; Constitutional Law--Commerce in Intoxicating Liquors--License Tax of Traveling Salesman; Constitutional Law--Equal Protection of the Law--State Statute; Constitutional law--Police Power--Flag Legislation; Contracts--Assignments of--Right of Assignee Against Debtor; Corporations--Acquisition of Exemption in Merger; Deeds--Construction and Operation--Reservation and Exception; Deeds--Suit to Set Aside--Duress of Wife--Parties in Pari Delicto; Evidence--Confessions to One Not in Authority--Admissibility; Foreign Corporations--Effect on contracts of Failure to Register--Contracts; Fraud--Independent Investigation; Frauds, Statute of--agreement to Deal in Lands; Husband and Wife--Right to Disposition of …

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Recent Important Decisions, Michigan Law Review May 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Assigned Claim for Wages--Preference; Bankruptcy--time of Filing Claims; Banks and Banking--Liability of Stockholders--Unregistered Transfer; Banks and Banking--What is a Bank?; Bills and Notes--Indorsement Before Issue--Liabilities; Bills and Notes--usury--Evidence--Burden of Proof; Carriers--Freight Elevators as Carriers of Passengers; Carriers of Passengers--Servants--Communication of Disease; Constitutional Law--Delegation of Power; Constitutional Law--Police Power to Restrict Hours of Labor; Contracts--Mutuality; Courts--Criminal Law--Instructions to Jury; Covenants--Warranty--claims "By, Through or Under" Grantor--Eminent Domain; Criminal Law--Exclusion of Public From Trial; Criminal Law--Trial--conduct of Jury--comments on Defendant's Failure to Testify; Divorce--Custody of Minor Children--Duty to Support Father's Misconduct; Ejectment--When Maintainable--Easements; Estate by Entirety--Effect of Murder of Wife by Husband; Evidence--Wife …

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Note And Comment, Harry B. Hutchins, John R. Rood, Roy L. Black, Ivan E. Chapman Feb 1907

Note And Comment, Harry B. Hutchins, John R. Rood, Roy L. Black, Ivan E. Chapman

Michigan Law Review

Waiver of the Statutory Protection to the confidential Relation of Physician and Patient; Inter-State Rendition; When a Public Officer Misappropriating Public Funds is Not an Embezzler; When a Discharged Teacher May Resort to the Courts;

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Recent Important Decisions, Michigan Law Review Feb 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty--Liability of Public Corporation for Tort; Bankruptcy--bills and Notes--discharge of Indorser; Bankruptcy--Title to Stock Held by Stockholders; Bills and Notes--Renewal of Void Note--Moral Obligation Not a Good Consideration; Bills and Notes--Renewal of Void Note--Moral Obligation Sufficient Consideration; Carriers--contributory Negligence--Protruding Arms of Passengers; Carriers--Contributory Negligence--Protruding Arms of Passengers; Constitutional law--foreign Corporations--Service of Summons on the Auditor of State--Due Process of Law; Contract to Devise--Parol Evidence to vary Consideration Expressed in a Deed; Corporations--application for Shares--Contracts; Easements--Way of Necessity--Relation of Parties; Equity--Jurisdiction--Bills of Peace; Executors and Administrators--Allowance to Surviving Children--Stepchildren; Garnishment--Proceeds form Sale of Homestead Exempt; Garnishment--Waiver of Defect in Writ; Homestead--conveyance--Joinder …

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Recent Important Decisions, Michigan Law Review Nov 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--"Mining" includes Quarrying; Bankruptcy--Persons Entitled to Oppose Discharge; Banks and Banking--Right of Drawer of Check to Stop its Payment; Bills and Notes--Trustees for Benefit of Creditors as Holders in Due course--Pre-Existing Debt Constitutes Value; Building Contracts--Provisions for Extra Work--Powers of Architect; Common Carriers--Delay Co-Operating with Act of God; Contracts--When a Breach on the Part of One party to a Contract Entitles the Other to Rescind; Criminal Law--Former Jeopardy; Damages--Recovery for Gratuitous Services; Deeds--Estate Granted--Conflict Between the Habendum and the Granting Clauses; Equity--Wills--Precatory Trust; Foreign Corporations--Statute Revoking License on Removal of a Cause to Federal Court; Husband and Wife--Purchase by Wife …

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Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D. Jun 1906

Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D.

Michigan Law Review

The Federal Courts and Local Law in Porto Rico; The Investigation of Corporate Monopolies; Compelling the Production of Corporation Books and Papers; Goods Damages by Act of God Because of a Carrier's Negligent Delay; The Effect of Dogmatic Changes Upon the Legal Status of a Church; Bays and Gulfs as Territory of the Adjoining Nation;

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Recent Important Decisions, Michigan Law Review May 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …

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Recent Important Decisions, Michigan Law Reivew Apr 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …

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Extra-Territorial Jurisdiction In China, Gustavus Ohlinger Mar 1906

Extra-Territorial Jurisdiction In China, Gustavus Ohlinger

Michigan Law Review

The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …

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A Digest Of Important Cases On The Law Of Crimes, John R. Rood Jan 1906

A Digest Of Important Cases On The Law Of Crimes, John R. Rood

Books

“In selecting the cases to be abridged, an effort has been made to choose those that have drawn the most attention, comment, and citation. The reputation of each case is shown to the reader in part by reference to the various collections of important cases on crimes which have been included….”--Preface.

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Note And Comment, Michigan Law Review Jun 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Michigan Railroad Tax Cases; Is a vote by Machine a Constitutional Ballot?--Signing "At the End" of a Will; Another Attempt to Evade the Lottery Laws; Saving Exception on Overruling of Motion to Quash Summons; Wills Executed Without Animus Testandi; The Legal Status of a Participant in a Guessing Contest

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The Abuse Of New Trials, Everett P. Wheeler Feb 1905

The Abuse Of New Trials, Everett P. Wheeler

Michigan Law Review

It would seem a truism to state that the object of courts of justice is to do justice between the parties. Theoretically, for the purpose of promoting this object, a revision is allowed of the proceedings of the court of first instance. This is sometimes had before the full court sitting in bane, and sometimes before an appellate tribunal. But the experience of every lawyer who has much to do with the actual trial of cases and the argument of appeals, is that the decision of the appellate tribunal very often turns, not upon the merits of the case, but …

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Exit Of Doctrine Of Situs, John R. Rood Jan 1905

Exit Of Doctrine Of Situs, John R. Rood

Articles

A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States. Justices Harlan and Day dissented, and yet there is little danger that the question will again be opened; and in view of the conclusion reached, all lovers of plain, simple justice will rejoice that at last that disturber of peace and worker of iniquity in the commercial world has been deprived of its power to make the honest debtor …

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Note And Comment, Michigan Law Review Jan 1905

Note And Comment, Michigan Law Review

Michigan Law Review

A New Instance of the Power of Congress to Destroy by Taxation; Pleading Contributory Negligence Under the Code; Presumptions as to Delivery of Deeds; Jurisdiction of Equity to Restrain Threatened to Wrong; The Power of Courts to Allow Amendments Under the Common Law and Code Procedure; Situs of Debts; The Time Limit for Presentations of Railroad Tickets

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Note And Comment, Michigan Law Review Dec 1904

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; The New Schools of Healing; When the Exercise of Judicial Discretion is not Due Process of Law; Mandamus to Compel the Installation of a Telephone in a Bawdy House Denied; The Division in the Republican Party in Wisconsin; A Novel Extension of Federal Jurisdiction; The Session Laws of Porto Rico

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Recent Important Decisions, Michigan Law Review Dec 1904

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Inheritance by Representation; Adverse Possession--Effect of Former Judgment--Statute of Limitations; Adverse Possession--Statute of Limitations--Jurisdiction of the Department of the Interior; Concealed Property--Finder's Rights--Treasure Trove; constitutional Law--Eminent Domain--Taking Private Property for Private Use; Constitutional Law--Penalty for Breach of Labor contracts; Contract--Mutuality--Specific Performance; Corporations--contracts Between Corporations Having Common Shareholders and Officers--Suit in Name of Stockholder; Corporations--Liability of Officers--Negligent management--contracts Between Corporations Having Common Officers; Deed--Insane Person--Voidable Assignment; Ejectment--Impairment of Contract Obligation; Evidence--Confession--Admission; Evidence--Letters of Administration--How Far Evidence of Widowhood; Evidence--Personal Injury--Physical Examination of Plaintiff; Foreign Corporations--Business in Other States--License--Purpose of Incorporation--Evasion of State Laws; Fraud--Doctrine of Reasonable Inquiry; Guardian--Appointment--Jurisdiction--Sale of Ward's Lands; …

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Note And Comment, Michigan Law Review May 1904

Note And Comment, Michigan Law Review

Michigan Law Review

The Law Review; Citizenship and Identity of Corporations Incorporated in Two States; Duty of Court to Limit by Instruction the Effect of Evidence; Land Records as Notice of Chattel Mortgage; Appeal from a Satisfied Judgment to Avoid Estoppel; When Government Surveys are not Conclusive; Jurisdiction over the Ohio River;

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Recent Important Decisions, Michigan Law Review Apr 1904

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment--Who may Take--Stockholder; Action for Death of a Child-- Contributory Negligence; Adverse Possession--Computation of Time--Litigation in Land Office; Bankruptcy--Homestead--Jurisdiction of bankruptcy Court; Chattel Mortgages--Unidentified Number Among a Greater Number of Like Articles--Validity; Constitutional Law--Possession of Game fish in Closed Season; Constitutional Law--Special Act--Sunday Law; Contracts--Impossibility of Performance--Implied Condition; Contracts--Violation of Penal Statute--Transaction Void; corporations--Dissolution--Rights of Minority Stockholders; Corporations--Insolvency--Preferences to Officers; Equity--Jurisdiction--Partition--Oil Leases; Judgments--Absence of Jurisdiction--Injunction--Restraining Execution; Master and Servant--False Imprisonment--Duty of Merchant to Customers; Master and Servant--Fellow Servants--Assumed risks--Injuries to Servant While off Duty; Minor's enlistment in the Navy--Validity--Desertion--Arrest--habeas Corpus; Real Property--Rule in Shelley's Case--Wills; Specific Performance--Parol Contract--Part Performance; Suretyship--county …

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Note And Comment, Michigan Law Review Apr 1904

Note And Comment, Michigan Law Review

Michigan Law Review

A National Incorporation Law; The Northern Securities Case; Controversies Between States; Liability of Members of Congress for Bribery; Exempting of Lawyers from Service of Civil Process While Attending Court; Law Governing the Validity of a Note Executed and Delivered in One State, But Payable in Another

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Note And Comment, Michigan Law Review Mar 1904

Note And Comment, Michigan Law Review

Michigan Law Review

Is Commerce Between a State and a Territory Interstate Comerce?; Right of Court to Instruct upon the Failure of Defendant to Testify in a Criminal Action; The Last of the Kentucky Bank Cases, and the Relations Between the State and Federal Courts; The Last of the Kentucky Bank Cases--Federal Tax Judgementss in STate Courts; Power of the Court to Order a Physical Examination in Personal Injury Cases; The Porto Rican is not an Allien; Mimicry as Infringement of Musical Composition;

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