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Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Principal for Money coming into his Possession as Proceeds of Wrongful Sale of His Property by his Agent to Plaintiff; Appeal--Effect upon Power of Lower Court ot Modify Judgement Appealed From; Attorney and Client--Attorney's Lien--Priority; Carriers--tort--Ejection of Passengers--Exemplary Damages; Constitutional Law--Judgment--Full Faith and Credit--Statute of Limitations; Constitutional Law--classification of Cities--Special Acts Conferring Corporate Powers; Corporation--Sinsolvent--Preferring Creditors; Damages--Evidence of Pecuniary Condition; Damages--Exemplary Damages for Gross negligence or Where Actual Loss Purely Nominal; damages--General and Special--Pleading; Deed--Acknowledgment; elections--Ballots--Rights of Nominee to have his Name Appear More than Once Upon the Ballot; Equitable Interests--Assignability; Evidence--X-Ray Pictures; Fraud--Misrepresentation by Cashire of Bank; …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Pincipal for Unknown Deceit of Agent; Action--Splitting Causes of--Injury to Person and Property; Attorney and Client--Jurisdiction of Equity over; Banks and Banking--Cashier--Notice; Carriers--Limiting Liability--Effect of Limitation in Case of Delivery After Notice to Stop in Transit; Carriers--Tort--Ejection of Passenger for Failure to Produce Ticket; Confict of Laws--Bona Vacatia--Rigth of Succession--"Mobilia Sequuntur Personam"; Conflict of Laws--Italian marriage--Deceased Husband's Brother; Conflict of Law--Equal Protection--Refusing Barbar's License to an Alien; Constitutional Law--Equal Protection--Requiring Examination of Graduate of Medical School of other States; Constitutional Law--Insurance Companies---Equal Protection of the Laws; Constitutional Law--Vested Right of Defense--Deprivation of Property Rights; Contract--Performance--Legal Holiday; Contract--Public Policy--Sale …

Note And Comment, Michigan Law Review

Michigan Law Review

Constitutional Law--Unlawful Delegation of Legislative Power; Fraudulent Conveyances--Estoppel Against Married Woman; Ackknowledgment Taken and Certified by a Stockholder of Corporation Mortgage or Grantee; Constitutional Law--Power of the Legislature to Abridge the Authority of Courts to Punish for Contempt; Special Assessments--right of Taxpayer to Defent Upon the Ground that IMprovements were not Properly Made; Judgements--Estoppel to Maintain Subsequent Action for Different Cause; Anti-Trist Act--Discrimination in Favor of Certain Classes; Courts--Conflict of Jurisdiction--Creditor's Bill; Garnishment--Possession to Charge Garnishee; Judgements--Satisfaction by Levy; Jugements--Execution Sales--Right of Defendant on Reversal

Constitutional Law: First Amendment Rights: Goodbye To Free Student Press?, Deborah Jane Clarke

Oklahoma Law Review

No abstract provided.

Constitutionality Of Section 29 Of The New York Liquor Tax Law Of 1896, Thomas Francis Fennell

Historical Theses and Dissertations Collection

No abstract provided.

Constitutionality Of Municipal Aid To Railways, Max H. Kunze

Historical Theses and Dissertations Collection

No abstract provided.

Former Jeopardy, David Joyce

Historical Theses and Dissertations Collection

No abstract provided.

Former Jeopardy In Cases Of Discharged Juries, Addison Berton Reed

Historical Theses and Dissertations Collection

No abstract provided.

Constitutionality Of Recent Legislation Interfering With The Freedom Of Contract, William Elmer Schenck

Historical Theses and Dissertations Collection

No abstract provided.

Practicability And Constitutionality Of An Income Tax, Charles M. Smalley

Historical Theses and Dissertations Collection

No abstract provided.

Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner

Articles

It is not my purpose to enter upon a detailed examination of municipal government as it now exists, but to confine myself to the consideration of some of the constitutional limitations that rest upon the legislative power to deal with the matter.

The Law Of Sunday, Sidney Jay Kelly

Historical Theses and Dissertations Collection

No abstract provided.

Civil Code D’Haïti, Louis Borno

Civil Codes (1800-1923)

Annoté, Avec une conférence des articles entre eux et leur correspondance avec les articles du Code civil français, précédé de la Constitution du 9 Octobre 1889, et suivi d'un appendice contenant les principales lois ayant trait au Code civil d’Haïti.

A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely

Articles

While yet the nation was forming-indeed as early as 1643-the impolicy of the colonies' suffering themselves to become asylums for criminal refugees was seen and appreciated by the public men of the time. But, though continued efforts were made in the right direction and much was accomplished, the rendition of fugitives from justice remained, either legally or practically, a matter of comity for nearly a century and a half, or until the adoption of the Constitution of the United States. Then, made mandatory by the organic law of the Nation, inter-state extradition ceased to be subject to State control or …

A Constitution Adapted To The Coming State: Suggestions By Hon. W. Lair Hill: Main Features Considered In Light Of Modern Experience: Outline And Comment Together, 1889, William Lair Hill

Selected Books and Theses

No abstract provided.

The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers

Articles

THE Federal Courts have no common law criminal jurisdiction. The question was raised in the United States Circuit Court for the District of Pennsylvania, in 1798, in United States v. Worrall, 2 Dallas, 384, and the Court was equally divided in opinion. Iii 1818, Mr. Justice STORY, in United States v. Coolidge, 1 Gallison, 488, decided that there were common law offences against the United States. But this, as we shall see, was overruled by the Supreme Court. As early as 1807, Chief Justice MARSHALL, in Ex parte .Bollman, 4 Cranch, 75, had said, "This Court disclaims all jurisdiction not …

The Dartmouth College Case And Private Corporations: A Paper Presented By William P. Wells, Of Detroit, At The Ninth Annual Meeting, Auguest 19, 1886., William P. Wells

Books

The Dartmouth College Case and Private Corporations. Chancellor Kent, writing in 1826, thus expressed himself concerning the Dartmouth College case: "It contains one of the most full and elaborate expositions of the constitutional sanctity of contracts to be met with in any of the reports. The decision in that case did more than any other single act proceeding from the authority of the United States to throw .an impregnable barrier around all rights and franchises derived from the grant of government and to give solidity and inviolability to the literary, charitable, religious and commercial institutions of our country."

The Abnegation Of Self-Government, Thomas M. Cooley

Articles

The fundamental idea underlying the government of every State of the American Union is that the people rule. Upon this the American people have erected their constitutional structure, and to thi!J thcir laws and their conduct are supposed to conform. Their constitutions, State and National, tho they may be said to have grown out of their circumstances, were not forced upon them by the circumstances, and simply accepted with little or no volition on their part, as has very commonly been the case with government in other countries; but the controlling principle was adopted deliberately by them, from a conviction …

The General Principles Of Constitutional Law In The United States Of America, Thomas M. Cooley

Books

The manual which follows has been prepared for the use of students in law schools and other institutions of learning. The design has been to present succinctly the general principles of constitutional law, whether they pertain to the federal system, or to the state system, or both. Formerly, the structure of the federal constitutional government was so distinct from that of the States, that each might usefully be examined and discussed apart from the other; but the points of contact and dependence have been so largely increased by the recent amendments to the federal Constitution that a different course is …

A Treatise On The Law Of Taxation Including The Law Of Local Assessments, Thomas M. Cooley

Books

"The following pages have been prepared with a view to present in a shape for practical use, the general rules which must govern the action of all authorities acting in matters of taxation ….

The preparation of any treatise on taxation necessarily involves the presentation of disputed points, and the expression of opinions upon them. This has been done in the following pages. It has not been the purpose, however, to take any positions which it was not believed the authorities would justify; and if this has been done in any instance, the references which are made to authorities will …

The Surrender Of Fugitives From Justice, Thomas M. Cooley

Articles

The Constitution of the United States provides that "a person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." The act of Congress of 1793 imposed the duty of surrender upon the executive of the State in which the fugitive should be found, and provided the manner in which the charge of crime should be authenticated for his action. It …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State legislatures. …

Preface to the 4th Edition: "New topics in State Constitutional Law are not numerous; but such as are suggested by recent decisions have been …

The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt

Articles

Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.

Changes In The Balance Of Governmental Power, Thomas M. Cooley

Other Publications

“In taking up for brief review the action of the convention in framing, and that of the people of the Union in adopting the Federal Constitution ninety years ago, we should be able after such a lapse of time, and in view of our diversified experience under it, to deal with it in a spirit of dispassionate criticism, and without boasting or unreasonable exultation. Yet we may perhaps truly say that the act itself was the most notable in government-making of which history bears record….”

A Treatise On The Law Of Taxation Including The Law Of Local Assessments, Thomas M. Cooley

Books

"The following pages have been prepared with a view to present in a shape for practical use, the general rules which must govern the action of all authorities acting in matters of taxation ….

The preparation of any treatise on taxation necessarily involves the presentation of disputed points, and the expression of opinions upon them. This has been done in the following pages. It has not been the purpose, however, to take any positions which it was not believed the authorities would justify; and if this has been done in any instance, the references which are made to authorities will …

Some Checks And Balances In Government, Thomas M. Cooley

Articles

The purpose of the present paper is not to discuss the broad general subject of checks and balances in this, or any other, government. but to call attention to a few considerations only. These, in the main, affect the executive and the judiciary, rather than the legislature; and they will serve to show, perhaps, that neither of them can always, and under all circumstances, rely upon any very sure protection to its legitimate powers. It is one thing, unfortunately, to put intricate machinery in motion, and another, and quite a different, thing, to make it, under unforeseen occurrences, work out …

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State legislatures. … The second edition being exhausted, the author, in preparing a third, has endeavored to give full references to such decisions as have recently been …

Commentaries On The Constitution Of The United States : With A Preliminary Review Of The Constitutional History Of The Colonies And States Before The Adoption Of The Constitution, Joseph Story, Thomas M. Cooley

Books

From the Editor's Preface: “In preparing for the press a fourth edition of Mr. Justice Story’s Commentaries on the Constitution, it has been thought proper to preserve the original text without alteration or interpolation, and to put in notes all discussions by the editor, as well as all references to subsequent adjudications, public papers, and events, tending to illustrate, support, or qualify the positions assumed in the text. The new amendments, however, seemed to demand treatment in the body of the work, and additional chapters are given for that purpose….”

Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent

Articles

The judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution. It will be the purpose of this article to show the reasonableness and meaning of this principle.