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Articles 1 - 17 of 17

Full-Text Articles in Law

A Statement To The Alumni, Henry M. Bates Jan 1915

A Statement To The Alumni, Henry M. Bates

Articles

Plans are now complete for the demonstration by Michigan alumni of their loyalty to and interest in their Alma Mater. Michigan has never before called upon all of her former students to help her in any great movement for the benefit of the entire University. It has required some all comprehending movement like the Union to afford this opportunity, but now the time and the opportunity are at hand, when Michigan men may put their shoulders to the wheel and carry through a project, which "Prexy" Angell, President Hutchins, the Board of Regents, the Senate Council and the Alumni Association ...


Financial Details, Kent Memorial, Edwin C. Goddard Jan 1915

Financial Details, Kent Memorial, Edwin C. Goddard

Articles

The following is a statement, with such details as I should think would answer the purposes of other chapters, of the ways and means adopted for securing the present building just completed at Ann Arbor.


The Commodity Clause Of The Hepburn Act, Edwin C. Goddard Jan 1915

The Commodity Clause Of The Hepburn Act, Edwin C. Goddard

Articles

The Supreme Court of the United States has added another to the interesting line of cases construing the so-called "Commodity Clause" of the HEPBURN ACT of 1906. In United States v. Delaware, Lackawanna & Western Railroad Co. and the Delaware, Lackawanna & Western Coal Co., decided on June 21, 1915, 35 Sup. Ct. 873, the court reversed the decree of the District Court as reported in 213 Fed. 240, and found the relation and contract between the Railroad Company and the Coal Company to be in violation of the HEPBURN ACT and the SHERMAN ACT.


Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler Jan 1915

Revocability Of Licenses - The Rule Of Wood V. Leadbitter, Ralph W. Aigler

Articles

That a mere license purporting to create in the licensee a new right or privilege is revocable at law at the will of the licensor seems to have been definitely settled in England by Wood v. Leadbitter, 13 M. & W. 838 (1845). It was there held that the plaintiff who had entered the close of the defendant's master after the purchase of a proper ticket could be forcibly ousted, notice having been first given that he should leave. The only remedy open to the ousted ticket holder-in law at least-no excessive violence1 having been used, is to sue for breach of the contract. The rule of Wood v. Leadbitter has been almost uniformly followed by the American courts. Homey v. Nixon, 213 Pa. St. 20, 110 Am. St. Rep. 520, 1 L. R. A. (N. S.) 1184; Meisner v. Ferry Co., 154 Mich. 545; W. W. V. Co. v. Black, 113 Va. 728, 75 S. E. 82; Shubert v. Nixon Co., 83 N. J. L. 101, 83 Atl. 369; Taylor v. Cohn, 47 Ore. 538; Collister v. Hayman, 183 N. Y. 250; People v. Flynn, 189 N. Y. 180;, Buengle v. Amnus. Assoc., 29 R. I. 23, 14 ...


Should Applicants For Admission To The Bar Be Required To Take A Law School Course?, Henry M. Bates Jan 1915

Should Applicants For Admission To The Bar Be Required To Take A Law School Course?, Henry M. Bates

Articles

If the requirements for admission to the bar had been advanced in any thing like equal degree with the progress made in law schools, there would be unqualified reasons for rejoicing in the prospect. Unfortunately, however, this is far from the case, though some notable advances even in this respect have been made. It is remarkable and unfortunate that in America and in Great Britain, whose system of law is undoubtedly the most difficult of all systems in the world to master, we require no institutional or school training of the men who are to fill the important functions of ...


A Four Year Course In Law, Henry M. Bates Jan 1915

A Four Year Course In Law, Henry M. Bates

Articles

In the February, 1914, number of The Alumnus, devoted in part to the Michigan Law School, some account was given of the large number of new courses which had been added recently to the curriculum. The courses commented upon in that discussion, besides one advanced course in procedure, deal mainly with what may be called extra-legal or at least extra-professional subjects, such as the History of English Law, the Philosophy of Law and advanced courses in Roman Law and Jurisprudence. Prior to this period of expansion in the law curriculum many other additions had been made to the list of ...


The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner Jan 1915

The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner

Articles

It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 1915, ยง 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at the very outset.


Breach Of Landlord's Covenant As Defense To Action For Rent, Ralph W. Aigler Jan 1915

Breach Of Landlord's Covenant As Defense To Action For Rent, Ralph W. Aigler

Articles

It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the cases may be satisfactorily reconciled. Two very late cases involving this ...


Jurisdictional Facts, John R. Rood Jan 1915

Jurisdictional Facts, John R. Rood

Articles

The advance sheets of the Northwestern Reporter for January 29th, 1915, contain two cases in which a supreme court declared proceedings that had been carried through to judgment void, (not merely voidable) because of the lack of a fact which the supreme court regarded as jurisdictional, (Sandusky Grain Co. v. Sanilac Circuit Judge (Mich. 1915), 150 N. W. 329 and Bombolis v. Minn. & St. L. R. Co. (Minn. 1914), 150 N. W. 385), and another case in which the court was equally divided as to whether the essential facts appeared (Fisher et al v. Gardnier et al. (Mich. 1915), 150 N. W. 358). Of course, it was not suspected by anyone when any of these cases was on trial in the first instance that there was any question as to jurisdiction, nor was there doubt that the judgment when rendered was valid and concluded the controversy; and in every one of them, as in nearly all such cases, relief from any real hardship could have been had by direct proceedings to vacate the objectionable judgment.


Marshaling Of Mortgaged Property In Favor Of Subsequent Mortgagees, Edgar N. Durfee Jan 1915

Marshaling Of Mortgaged Property In Favor Of Subsequent Mortgagees, Edgar N. Durfee

Articles

A holds a first mortgage covering two parcels of land, B holds a second mortgage covering one of these parcels, and C holds a second mortgage covering the other parcel, B's mortgage being prior in time to C's. B's mortgage contains the following clause--"The property described in the within indenture is subject to an existing blanket mortgage held by A, with release clause of $10 per front foot." Upon a bill to foreclose A's mortgage, how should the burden of that mortgage be distributed? In Savings Investment & Trust Co. v. United Realty & Mortgage Co., 94 ...


Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard Jan 1915

Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard

Articles

A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $50. Geo. N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 561, commented on in 10 MICH. L. REB. 317. The United States Supreme Court has just affirmed this decision, 35 Sup. Ct. 351.


A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster Jan 1915

A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster

Articles

In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,000 was raised at this meeting of merchants and ship owners to fight the movement ...


Sane Procedural Reform, Robert E. Bunker Jan 1915

Sane Procedural Reform, Robert E. Bunker

Articles

In these later days much is said about reforming the procedure of our courts, about recalllng our judges, at arbitrarily appointed times, and about reversing their decisions by popular vote. Most of what is said about these matters is said by those who have least reason to say it. It is no exaggeration to assert that those who are most severe in their criticism of the courts and of their procedure and most lavish in their suggestions of reform are they who know little, beyond the most general, about the courts and nothing about their procedure from personal contact with ...


Discharge In Bankruptcy Of Principal's Inchoate Obligation To Indemnify His Surety, Evans Holbrook Jan 1915

Discharge In Bankruptcy Of Principal's Inchoate Obligation To Indemnify His Surety, Evans Holbrook

Articles

In the recent case of R. P. Williams, et al. v. United States Fidelity and Guaranty Company, 35 Sup. Ct. 289, the United States Supreme Court has at last passed upon a question that has vexed the courts ever since the enactment of the Bankruptcy Act of 1898. As stated by the Supreme Court, the question is this: "Does a discharge in bankruptcy acquit an express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy when the surety ...


The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard Jan 1915

The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard

Articles

An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.


The Inefficiency Of The American Jury, Edson R. Sunderland Jan 1915

The Inefficiency Of The American Jury, Edson R. Sunderland

Articles

What is proposed in the present article is to show that in attempting to preserve the independence of the jury in its exclusive juris- diction over questions of fact, the people and the courts in most American jurisdictions have departed from the common law practice and have introduced a principle calculated to undermine the very institution which they wish to strengthen. That is to say, through the rules prohibiting judges from commenting on the weight of the evidence, juries tend to become irresponsible, verdicts tend to become matters of chance, and the intricacy of procedure, with its cost, delay and ...


The Proposed Michigan Judicature Act, Edson R. Sunderland Jan 1915

The Proposed Michigan Judicature Act, Edson R. Sunderland

Articles

The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is much less voluminous than the ...