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Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman Mar 1917

Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman

Michigan Law Review

Safeguarding the Criminal Defendant - Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing …

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Recent Important Decisions, Michigan Law Review Mar 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Tacking - To a suit in ejectment, defendant pleaded, (z) the statute of limitations of seven years, claiming adverse possession for that length of time; (2) also twenty years' adverse possession as a basis for the presumption of a grant. The possession relied upon is partially that of defendant's predecessor, between whom and defendant there was no privity. Held, (I) the defense of the statute of limitations is without merit. Successive possessions cannot be tacked to make up the period of that statute unless connected by privity; (2) but no privity is necessary to raise the presumption …

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Carmack Amendment In The State Courts, Wayland H. Sanford Feb 1917

Carmack Amendment In The State Courts, Wayland H. Sanford

Michigan Law Review

Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …

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Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason Feb 1917

Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason

Michigan Law Review

Simplification of Judicial Procedure in Federal Courts - In 1914 the Judiciary Committee of the House of Representatives unanimously reported favorably upon a bill (H. R. 133) authorizing the Supreme Court of the United States to prescribe by rule the forms, kind and character of the entire pleading, practice and procedure to be used in all actions and proceedings at law in the federal courts, with a view to their simplification, which rules should, when promulgated, take precedence of any law in conflict therewith. On January 2, 1917, a similar bill (S. 4551) was favorably reported from the Senate Judiciary …

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Recent Important Decisions, Michigan Law Review Feb 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession Mistake - From a decree quieting in plaintiff title by adverse possession, defendants appealed, contending that plaintiff claimed the land only under and by virtue of a will which in fact conferred no legal title, and that such a claim was not adverse. Held, assuming that plaintiff believed he was asserting legal rights only, and that his claim of title was defective, his possession would nevertheless ripen into title by adverse possession. Erickson v. Crosby, (Neb. 1916) x6o N. W. 94.

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Extension Of Judicial Review In New York, Edward S. Corwin Feb 1917

Extension Of Judicial Review In New York, Edward S. Corwin

Michigan Law Review

There are several reasons why it should be worth while to investigate the operation of the most unique of American governmental institutions in the most important state of the Union. For one thing, in the person of Chancellor KZN" New York furnished one of the founders of American Constitutional Law, while at the same time it was KzNT's fame that early gave New York decisions the importance they still retain in great part in the field of citation and precedent. Again it was YNT'S influence that inclined the fresh shoot of constitutional jurisprudence in New York in a conservative direction, …

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Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason Jan 1917

Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason

Michigan Law Review

The Death of Professor Knowlton - The loss to the Law School and to his colleagues of the law faculty in the death of Jerome Cyril Knowlton cannot be expressed. For thirty-one years, the longest period of active service ever given by any man to this Law School, Mr. Knowlton was an effective factor in the development of the institution and in the moulding of the character and the legal ideas and ideals of the thousands of graduates who have passed through the Law School into the service of community and state and country, at the bar, upon the bench, …

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Recent Important Decisions, Michigan Law Review Jan 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client - Attorney's Charging Lien - Having agreed by contract to pay his attorney fifty percent of the proceeds recovered, the client, while suit was pending, and without the consent of his attorney, settled with the defendant for $3o. The attorney then gave notice of his claim to the defendant, and the district court, after hearing the case, gave judgment to the plaintiff attorney for $1oo. There was a statute (N. J. LAWS OF 1914, ch. 201, p. 410) which gave a lien to an attorney on the proceeds of a settlement out of court. Held, the action …

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Certiorari From The Missouri Supreme Court To The Courts Of Appeals, J. P. Mcbaine Dec 1916

Certiorari From The Missouri Supreme Court To The Courts Of Appeals, J. P. Mcbaine

University of Missouri Bulletin Law Series

In a previous number of the Law Series the writer published an article on the subject "The Writ of Certiorari in Missouri," which treated generally of the use of that writ in this state. This article was published largely because the Supreme Court of Missouri in several cases then recently decided had overruled a long list of earlier decisions and had held that under the constitution it had authority by writ of certiorari to quash the judgment of a court of appeals that had not followed "the last previous ruling of the Supreme Court on any question of law or …

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Proposed Regulation Of Missouri Procedure By Rules Of Court, The, Manley O. Hudson Dec 1916

Proposed Regulation Of Missouri Procedure By Rules Of Court, The, Manley O. Hudson

University of Missouri Bulletin Law Series

At the 1915 meeting of the Missouri Bar Association, the committee on judicial administration and legal procedure recommended "that the matter of making rules for the government of civil practice in the trial courts be delegated to the Supreme Court." A similar recommendation was made by the committee on judicial administration and remedial procedure in 1912, and by a special committee on judicial administration and legal procedure in 1913. The proposal was approved by the Missouri Bar Association in 1913 after a long debate, and it was vigorously advocated by the president of the Association in his annual address in …

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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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Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson Jun 1916

Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson

Michigan Law Review

Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.

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Courts In The Philippines Old New, David Cecil Johnson Feb 1916

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …

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The Attacks On The Courts And Legal Procedure, William H. Taft Jan 1916

The Attacks On The Courts And Legal Procedure, William H. Taft

Kentucky Law Journal

No abstract provided.

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Equity In Rem, Edgar N. Durfee Jan 1916

Equity In Rem, Edgar N. Durfee

Michigan Law Review

Perhaps the most important legal publication of the past year is a monograph, by Charles Andrews Huston, which is published as the first volume of Harvard Studies in jurisprudence. It is inscribed as a dissertation submitted to the faculty of Harvard Law School in compliance with the terms of the Research Scholarship, and is dedicated to Roscoe Pound, to whom, the author tells us in his preface, he is indebted for the suggestion of the field of investigation, for constant inspiration, and for concrete suggestion and criticism.

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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 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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Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins Mar 1915

Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins

Michigan Law Review

For the purpose of comparison and in a measure as a justification for some of the conclusions reached, I will premise what I have to say by a general review of the practice of securing juries in England.

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Writ Of Certiorari In Missouri, The, J. P. Mcbaine Feb 1915

Writ Of Certiorari In Missouri, The, J. P. Mcbaine

University of Missouri Bulletin Law Series

Due to the fact that the Supreme Court of Missouri has recently decided several cases involving questions as to the use of the extraordinary legal remedy of the writ of certiorari, and to the further fact that this ancient remedy is governed by common law principles, this study of the Missouri decisions pertaining to certiorari has been undertaken. Use of the writ in Missouri is increasing, and since the law relating to the writ is not governed by our code of pleading and practice, or by a special code as are mandamus, prohibition, habeas corpus, and quo warranto, the other …

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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 …

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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.

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Law's Delays, Grant Foreman Dec 1914

Law's Delays, Grant Foreman

Michigan Law Review

A Gentleman of an acquisitive nature was adventuring about a large city seeking what he might turn to quick profit. Contact with the so-called font of justice gave him an idea, following which he opened up a quiet brokerage business. Perceiving a demand for jurors who would decide a case favorably, to the side that was willing to pay a decent price, he set about supplying that demand. The trade mark on his goods was a pin stuck in the lapel of the coat in such" fashion that in the jury box they would Without ostentation be recognized by his …

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Recent Important Decisions May 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Ontario Courts And Procedure, Herbert Harley Apr 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."

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Proposed Remedies In Court Procedure, Willis B. Perkins Mar 1914

Proposed Remedies In Court Procedure, Willis B. Perkins

Michigan Law Review

It is the judgment of the writer that the chief function of the legislature is to declare substantive rights. Court procedure being but the machinery by which substantive rights are determined, the responsibility for the effectiveness of that machinery should rest alone upon the courts. Unnecessary prolixity and confusion too frequently result from the present two-fold source of procedural law.

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Ontario Courts And Procedure, Herbert Harley Mar 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …

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The Trial Brief, Edson R. Sunderland Jan 1914

The Trial Brief, Edson R. Sunderland

Book Chapters

From the chapter Introduction: "The object of the preceding chapters is to show the brief maker where to find the material for his brief, how to find it, and how to select out of the mass of material found that which will be suitable for his use.... The purpose of this lesson is to outline a course of investigation suitable to the preparation of a case for trial, and to suggest methods of making the material collected during the search for authorities readily available." [p.353]

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