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Recent Important Decisions, Michigan Law Review Nov 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Adoption and Amendment - Rearrangement not a New Constitution. - A convention was authorized to propose revision, alterations, or amendments to the existing state Constitution. After proposing several amendments which were adopted at popular elections, the convention appointed a special committee to draft a rearrangement of the Constitution and amendments. The reported rearrangement contained slight changes of substance, while declaring that "Such Rearrangement shall not be deemed * * * to change the meaning or effect of any part of the Constitution * * * as theretofore existing or operative." This Rearrangement was adopted by the convention …

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Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon Nov 1921

Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon

Michigan Law Review

The Domicile of a Wife - In 1908 Professor Dicey stated flatly, as a rule of the English law without exceptions, that the domicile of a married woman during coverture is the same as that of her husband, and changes with his." It is a rule which makes for hard cases and offers constant invitations for exceptions to meet the situations it creates. Must a deserted wife follow her husband to the ends of the earth to secure the domiciliary jurisdiction for divorce? May he, by shifting his own place of permanent residence, arbitrarily deprive her of capacity to make …

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Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August Jun 1921

Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August

Michigan Law Review

Public Utility Valuations and Rates - In comparing the reports of the public utility commissions with the decisions of the courts on questions of valuation of public utilities, nothing is more striking than this-that as time goes on the commissions are growingly impatient of the cost of reproduction theory, while the courts still insist there is no inflexible method of fixing value, but continue to prefer largely figures as to supposed reproduction cost. This attitude of the commissions is remarkable in view of the fact that every finding may be carried to the courts for review and possible reversal. The …

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Recent Important Decisions, Michigan Law Review Jun 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney at Law - Disbarment - Disloyalty - Margolis was admitted to the bar in ioio and in disbarment proceedings he admitted he was an anarchist, a syndicalist, a communist, a Bolshevik, an I. W. W. and a member of the Union of Russian Workers. He had aided in the distribution through the mails of an anti-war magazine, was active in the organization of the Anti-Conscription League, and encouraged others to violate the laws of the land. He was disbarred, and although he had not been convicted under any statute, the Supreme Court of Pennsylvania affirmed the order, saying :-"He …

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Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas May 1921

Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas

Michigan Law Review

Freedom of Press and Use of the Mails - Strangely enough, the First Amendment to the Federal Constitution, although it guarantees against federal attack highly important and fundamental rights, has received very little authoritative interpretation by our courts. It remained for the Gr&t War and conditions following in its train to bring before that tribunal almost the first really important controversies relating to freedom of press and of speech. The case of U. S. ex rel. Milwaukee Social Democratic Publishing Company, Plaintiff in Error, v. Postmaster-General Albert S. Burleson, decided March 7, 192i, is the- latest of a series of …

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Recent Important Decisions, Michigan Law Review May 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Life Tenant under Void Devise Holding Against Remainderman - Testratrix was seised in fee of certain tenements, which by a void will she devised to her husband for life with remainder over. The husband entered claiming under the will and held for the statutory period. UpOn his death the remainderman claimed possession under the will on the ground that as the husband also claimed under the will he was estopped from setting up its invalidity. Held, title in fee accrued to the husband and his heirs by adverse possession; for the will being void the husband was …

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Recent Important Decisions, Michigan Law Review Apr 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Color of Title - Written Instrument. - Where the defendant under a parol gift of an entire tract of land, but without any "paper" titlq took actual possession of only a part of the tract, but claimed title up to its well-defined boundaries for the statutory period, it was held, in an action by the heirs of the donor, that the defendant had acquired title to the whole tract. Nelson v. Johnson (Ct. of App., Ky., r92o), 226 S. W. 94.

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Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard Apr 1921

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard

Michigan Law Review

Boycott - Clayton Act - In Duplex Printing Press Company v. Deering et al. (January 3, 192I) 41 S. Ct. 172, the facts were: The plaintiff, a Michigan corporation, manufactures at Battle Creek, and sells throughout the United States, especially in and around New York City, and abroad, very large, heavy and complicated newspaper printing presses. Purchasers furnish workmen, but ordinary mechanics alone are not competent to do this, and so they are supervised by specially skilled machinists furnished by plaintiffs. The plaintiffs have always operated on the "open shop" plan, without discrimination against union or non-union labor, either at …

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Departure From Precedent, H W. Humble Apr 1921

Departure From Precedent, H W. Humble

Michigan Law Review

With the death of the reason for it, every legal doctrine dies.' * * * The fact that the reason for a given rule perished long ago is no just excuse for refusing now to declare the rule itself abrogated, but rather the greater justification for so declaring; and if no, reason ever existed, that fact furnishes additional justification. The doctrine of stare decisis does not preclude a departure from precedent established by a series of decisions clearly erroneous, unless property complications have resulted and a reversal would work a greater injury and injustice than would ensue by following the …

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Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon Mar 1921

Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon

Michigan Law Review

Declaratory Judgments - The widespread interest in this ntw form of remedial instrument, which was. somewhat dashed by the recent decision of the Michigan Supreme. Court 'n Amwmy v. Grand Ropds.Ry. Co. (r920), 211 Mich. 59, holding declaritoty relief to b! non-judicial and -outside the constitutional power of 'courts (9ig MicH. LAw Rzv. 86), has been revived by the action of'the legislature of. Kansas in enacting a derlaratory judgment statute almost identical with the .Michigan act.. This was done with full knowledge of the decision in the .4mmy case, and inasmuch -as it is well known that some of the …

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Recent Important Decisions, Michigan Law Review Mar 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Possession in One County Carries Possession to Claimed Boundaries in Another County - In an action of ejectment for a tract oft land lying in two counties, the defendant claimed title'by adverse possession undi- color of tiae. The question was whether actual possession in one county woul4 " give constructive possession in the other county. Hel, since the enactment of Section"6, Civil Code, allowing an action for ihe recovery of real property to be brought in the county in which the land -lie, ot any part thereof, actual possession in one couty, gives constructive possession in- the …

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Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard Feb 1921

Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard

Michigan Law Review

The Permanent International Court of Justice - For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League

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Recent Important Decisions, Michigan Law Review Feb 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment - Under a Statute Regulating Acknowledgments by Married Women - An Examination Made Over Telephone is not Sufficient - In a question involving the validity of a mortgage deed, it appeared that the acknowledgment of a Mrs. Bertholf had been taken by means of telephone. The court, in construing the Idaho statute regulating acknowledgments of married women, held that the clear intent of the statute was that all acknowledgments should be taken in person before the magistrati, and any attempted acknowledgment not taken in person, though correct in form and without suspicion of fraud, was void, being beyond the …

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Public Policy And Personal Opinion, John B. Waite Jan 1921

Public Policy And Personal Opinion, John B. Waite

Articles

THE real relation of economics to law, only recently acquiring positive recognition, is illuminated by the varying decisions in regard to attempted restrictions on the enjoyment of personal property.

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Due Process Of Law In Procedure, Edson R. Sunderland Jan 1921

Due Process Of Law In Procedure, Edson R. Sunderland

Articles

There are two classes of cases which may arise under the "due process" provisions of the 5th and 14th Amendments of the United States Constitution, so far as rules of procedure are concerned. One embraces cases of new remedial processes which may be criticized as too radical. The other consists of cases of old processes which may be criticized as obsolete and out of harmony with prevailing conceptions of justice. Due process may thus be said to fill the wide space between those innovations which carry us so far away from established methods as to remove the safeguards which are …

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The Newberry Case, Ralph W. Aigler Jan 1921

The Newberry Case, Ralph W. Aigler

Articles

Senator Newberry of Michigan and sixteen others were convicted in the United States District Court on the charge that they "unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense [in the Newberry indictment] on his part of wilfully violating the act of Congress approved June 25, 1910, as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars," etc. The Act of …

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The Right Of A Jury In A Criminal Case To Render A Verdict Against The Law And The Evidence, Edson R. Sunderland Jan 1921

The Right Of A Jury In A Criminal Case To Render A Verdict Against The Law And The Evidence, Edson R. Sunderland

Articles

One George D. Horning was convicted of the criminal offense of doing business as a pawnbroker in the District of Columbia without a license. The jury, which rendered the verdict of guilty, were told by the court, in the course of the charge, that there really was no issue of fact for them to decide; that the evidence showed a course of dealing constituting a breach of the law, and that they were not warranted in capriciously saying that the witnesses for the government and for the defendant were not telling the truth; that it was their duty to accept …

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The Permanent International Court Of Justice, Edwin D. Dickinson Jan 1921

The Permanent International Court Of Justice, Edwin D. Dickinson

Articles

For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League.

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Preventive Justice Through Declaratory Relief, Edson R. Sunderland Jan 1921

Preventive Justice Through Declaratory Relief, Edson R. Sunderland

Other Publications

Professor Sunderland describes the history, and current directions, of declaratory judgments. "The practice of making declarations of right has completely revolutionized English remedial law. The American lawyer who peruses the current English reports is bewildered by their novelty...."

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Recent Important Decisions, Michigan Law Review Jan 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Automobiles - Constitutionality of Statute Making Owner Liable for Injury Caused by Another's Negligent Driving The automobile of D, driven negligently by his fifteen-year-old son. injured P. In an action for damages, D offered evidence that his son took and was driving the automobile against his express orders. Held, such evidence is not admissible in view of PUBLIc AcTs or 1915, No. 302, Sec. 29, providing that if the motor vehicle is being driven at the time of the injury by an immediate member of the owner's family it shall be conclusively presumed that it was with the owner's consent …

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Note And Comment, Horace Lafayette Wilgus, Victor H. Lane, William C. O'Keefe, Evans Holbrook Dec 1920

Note And Comment, Horace Lafayette Wilgus, Victor H. Lane, William C. O'Keefe, Evans Holbrook

Michigan Law Review

Baseball and the Judiciary - The acceptance by Judge Kenesaw Mountain Landis of the position of supreme arbiter of professional baseball, as recently announced, raises questions of good taste if not of propriety. It has been generally assumed that Judges of the District Court of the United States have their hands amply full if they do the work incumbent upon them in a way befitting a judge of the United States. It may well be true that the salary provided by the Government is grossly inadequate, but we dare say that no one has considered that the remedy for such …

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Recent Important Decisions, Michigan Law Review Dec 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals - Knowledge of Vicious Propensity - Owner not Liable for Dog Upsetting Ford - The defendant's dog had been in the habit of following and barking at automobiles, and this fact was known to the defendant. The plaintiff was riding with her husband in a Ford car, when suddenly the defendant's dog jumped in front of them. By running over the dog, the car was thrown against an embankment and the plaintiff was injured. Held, that the plaintiff was not entitled to recover, there being no evidence of a vicious propensity in the dog. Melicker v. Sedlacek (Iowa, i92o), …

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Recent Important Decisions, Michigan Law Review Nov 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption - Right to Inherit from Foster Parents Not Lost by Readoption by Natural Father - In an adopted child's action against the natural children of foster parents and their assigns for the partition of real estate, where it appeared that the child had been re-adopted by the natural father, and where it appeared that she had stood by while the natural children sold the property to the co-defendants, it was held that the right to inherit from the foster parents was not lost by the readoption by the natural father and that she was nct estopped to assert her …

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Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler Nov 1920

Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler

Michigan Law Review

James H. Brewster - Thousands of alumni and former students of the Law School will learn with deep regret of the sudden death of Professor Brewster in Denver, Colorado, on October 7, 1920.

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Equitable Defenses Under Modern Codes, E W. Hinton Jun 1920

Equitable Defenses Under Modern Codes, E W. Hinton

Michigan Law Review

An equitable defense to a legal right of action involves a contradiction in terms. Either the equity is no defense at all, or it has become a legal defense.

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Recent Important Decisions, Michigan Law Review Jun 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes - "Fictitious Payee" - Payee a Person Not Intended to Have Any Interest - A member of a firm, authorized to sign the firm's name, made checks payable to an existing association, which he did not intend should ever gain possession of or have any interest in such checks, merely for the purpose of obtaining money for himself, which he did by unlawfully indorsing the association's name to the checks. The plaintiff firm now seek to recover the amount of the checks, charged to their account by the defendant bank, and the defense is that the payee …

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Recent Important Decisions, Michigan Law Review May 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Color of Title - Deed Color of Title Although Known not to Convey Title - In a suit for trespass the land which the plaintiff claimed to own was in part occupied by plaintiff's church building and the adjoining lot was used by the members of the church for hitching iheir horses and for picnics, etc. Both tracts had been so used by the plaintiff for twenty-five years or more. The land was conveyed by A to plaintiff, by deed recorded, describing the land purported to be conveyed. The defendant claimed that the deed did not operate …

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Recent Important Decisions, Michigan Law Review Apr 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accretion - Title to New Land - Encroachment of Watercourse Upon Lands Beyond - D's lands were bounded on the east by a river and on the west by the land of P. By erosion the river slowly shifted until all of D's tract was washed away as well as part of P's holding. The river then slowly receded and the land of P was built up as was also new land east of the former boundary of P and D. P brings an action to quiet title for the land newly formed. Held, title to the land in dispute …

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Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard Feb 1920

Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard

Michigan Law Review

Deeds Delivered Conditionally to the Grantee - Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's …

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Recent Important Decisions, Michigan Law Review Feb 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Tenants in Common - Inception of Hostility - A father died leaving seven children as heirs to his farm. Since 1883, the plaintiff, who was the eldest son. had been in continuous and exclusive Dossession, paying all the taxes and taking all the profits without rendering any account to his co-heirs. Before 1883, the plaintiff had rebuilt the house on the premises, and in xgoi, he built a barn on the place. In a suit to quiet title, it was held, that it was a permissible inference from all the evidence that the plaintiff had gained title …

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