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1916

Articles 1 - 8 of 8

Full-Text Articles in State and Local Government Law

Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt Dec 1916

Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt

Michigan Law Review

Special Assessments Upon Cemetaries - Though the power to tax cemeteries would seem to be'entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See CooLY, TAxATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, i39 IIl. 16, 28 N. E. io76; Mullins v. Cemetery Assoc., 239 Mo. 681, i44 S. W. iog; Buffalo City Cemetery v. Buffalo, 46 N. Y. 5o3; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 5! …

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Recent Important Decisions, Michigan Law Review Dec 1916

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption - Inheritance from Natural Kindred - The plaintiff, a minor, by his guardian sued to recover his share of his deceased grandfather's estate under the law of succession of the state of California. After the death of his father and mother he had been adopted into another family. The statute of California provides that the natural parents of an adopted child are "relieved *** of all parental duties towards and all responsibilities for the child so adopted and have no right over it," and the child and persons adopting "shall sustain towards each other the legal xelation of parent …

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Recent Important Decisions, Michigan Law Review Nov 1916

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners-Lateral Support.-Defendant was sued for injuries to plaintiff's dwelling on an adjoining lot caused by defendant's having -excavated on his lot after having given plaintiff notice of the intended excavation. Held, defendant, after having given plaintiff reasonable notice of 'the intended excavation, was not liable for injuries to plaintiff's building which resulted from defendant's "ordinarily careful excavation of his own lot:' Vandegrift, et al. v. Boward (Md. I916), 98 AtI. 528.

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Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen Nov 1916

Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen

Michigan Law Review

The Mortgages in Possession in New York and in Michigan - It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 18o2 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, ii Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute …

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Mortgagee In Possession In New York And Michigan, Edgar N. Durfee Jan 1916

Mortgagee In Possession In New York And Michigan, Edgar N. Durfee

Articles

It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …

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Recovery Of The Purchase Price Before Title Has Passed, John B. Waite Jan 1916

Recovery Of The Purchase Price Before Title Has Passed, John B. Waite

Articles

In an action recently instituted by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and Shawhan v. Van Nest. 25 Oh. St. 490. The court …

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The Sheriff's Return, Edson R. Sunderland Jan 1916

The Sheriff's Return, Edson R. Sunderland

Articles

When William the Conqueror found himself military master of Britain, he was confronted by a governmental problem quite different from that which has usually accompanied foreign conquest. He did not subdue a nation already organized, substituting his power for that of its former ruler in the conventional way of conquerors. Britain was a geographical unit but politically and socially it was a congeries of loosely related communities. The natural law of survival of the fittest normally operates upon peoples as upon individuals, and develops centralized power as a means of self-preservation. But Britain had a substitute for this. The sheltering …

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The Michigan Judicature Act Of 1915, Edson R. Sunderland Jan 1916

The Michigan Judicature Act Of 1915, Edson R. Sunderland

Articles

IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.

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