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Nature Of Legal Rights And Duties, Joseph W. Bingham

Michigan Law Review

One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …

Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler

Michigan Law Review

The Law School -As a result of the increased requirements for admission, which are now in their second year of operation, the attendance at the Law School is less than that of last year, though the decrease is less than was anticipated at the time of the adoption of the higher requirements. The entering class (the second, under the new standard) is about thirty larger than that of last year. There are no changes in the teaching staff, and none of great importance in the curriculum.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

University Of Michigan Department Of Law Annual Announcement 1913 - 1914 And Catalogue Of Students 1912-1913, University Of Michigan Law School

Law School Announcement and Bulletins

Department of Law; Library; Directions to Candidates for Admission; Requirements for Admission; Admission as Candidate for a Degree; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Degrees; Courses of Instruction; Special Courses; Summer Session; The Practice Court; Conveyancing; Oratory; Oratorical Associations; Testimonials and Medals; Literary Societies; Work in the Department of Literature, Science, and the Arts; Text-Books and Books of Reference; Fees and Expenses; Michigan Law Review; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of Study; Courses of Free Lectures; Graduates of 1912; Students; Summary of Students;

Relations Between Equity And Law, Wesley Newcomb Hohfield

Michigan Law Review

At the last annual meeting of the Association of American Law Schools, Professor Walter W. COOK contributed an interesting address on Equity and its relation to Law. Taking as his more specific subject, "THE PLACE OF EQUITY IN OUR LEGAL SYSTEM," the speaker began his discussion with an extensive quotation from MAITLAND'S LECTURES ON EQUITY,--a work cordially welcomed by that distinguished scholar's many admirers upon its posthumous publication in the fall of 1909.

Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory

Michigan Law Review

Paul and the other apostles were brought before the Council of Israel for preaching the doctrines of Christ contrary to the mandates of that body. Gamaliel, a Pharisee and a doctor of the law, stood up in the Council and said: "Ye men of Israel, take heed to yourselves what ye intend to do as touching these men. And now I say unto you, Refrain from these men, and let them alone; for if this counsel or this work be of men, it will come to nought; but if it be of God, ye can not overthrow it; lest haply …

Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema

Michigan Law Review

The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …

Recent Important Decisions

Michigan Law Review

Banks and Banking - Right to Set-off Deposit Against Debt Due Bank - L. Bank set off a matured debt due to it by a depositor against the amount due by the bank to the depositor, all of which was done after the death of the depositor and after appraisers appointed to set apart a year's support to his widow had made a return, setting apart the amount due by the bank to the decedent. Held, that the bank exercised its right of setoff too late, Luthersville Banking Co. v. Hopkins (Ga. 1913) 77 S. R: 589.

Is The Doctrine Of Consideration Senseless And Illogical, Henry Winthrop Ballantine

Michigan Law Review

In a recent article Dean ASHLEY, a distinguished authority on contracts, takes the somewhat paradoxical position of being at the same time counsel for the defense and also prosecutor of the doctrine of consideration. While defending it against various relaxations and modifications which have been suggested to accomplish more rational and just results, which he denounces as subterfuge and unwarranted usurpation of legislative power by the courts, he also, as it were, saws off the branch he is sitting on, by contending that the time has now come, either for the courts themselves to overrule the entire doctrine, or for …

Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram

Michigan Law Review

The Effect of the Carmack Amendment to the Hepburn Act Upon State Laws as to Limitation by Contract of the Amount of the Liability of a Common Carrier - Three recent decisions of the Supreme Court of the United States involving the construction, of the Carmack Amendment to the Hepburn Act may be considered together, as the second was governed wholly and the third largely by the decision of the first. In the first case plaintiff delivered to defendant express company at Cincinnati, Ohio, a diamond, ring consigned to Augusta, Georgia. The package was never delivered, and plaintiff recovered judgment …

Recent Important Decisions

Michigan Law Review

Bankruptcy - Jurisdiction Depending on Principal Place of Business, Residence or Domicile - B, a domiciled resident of New York, employed by an express company in New York City in the capacity of a rate clerk, moved to New Jersey in igo8 for the purpose of acquiring a residence which would give the courts of that state jurisdiction of a contemplated divorce proceeding against his wife. He retained his position with the express company in New York, and in 1911 he secured a divorce in New York, the sole ground of jurisdiction of the New York court being that the …

Ingenuity Of The Infringer And The Courts, Edward S. Rogers

Michigan Law Review

The person who imitates a trademark has by common consent come to be described as a "pirate." At the time the designation was first applied, it was more or less appropriate. The pirate saw and coveted his neighbor's successful business, and like any MORGAN, TEACH, SHARKEY, or L'OLLONOIS, sighting a fat galleon laden with plate wallowing in the trade winds, homeward bound from the Indies, he laid himself alongside and took what he wanted. He counterfeited marks and labels as exactly as he could, not as he dared. There was no limit to his impudence. He was deterred only by …

Declarations In The Course Of Duty Herein Of Refreshing Recollection, A N. Whitlock

Michigan Law Review

The law of evidence is largely a law of exceptions. Lawyers and judges are not so frequently troubled with the question as to whether a certain bit of testimony is relevant, as they are in determining whether a certain bit of relevant testimony is admissible. In other words, the bulk of the law of evidence is concerned with exceptions to the general proposition that everything that is relevant is admissible. It should be noted that relevant is used as meaning "logically probative." The hearsay rule, various rules. With reference to opinion evidence, real evidence and evidence of character and the …

Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel

Michigan Law Review

The Character of User In Prescription - As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during -the endure prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 …

Recent Important Decisions

Michigan Law Review

Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …

Recent Important Decisions

Michigan Law Review

Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …

Note And Comment, George S. Burgess, Samuel H. Morris, William T. Hoffman

Michigan Law Review

Ten-Hour Labor Laws - The United States Supreme Court will soon have another opportunity to pass on the questions involved in that thorn. in the flesh of social reformers-the Bakeshop Case-if, as is probable, a case recently decided by the Mississippi Supreme Court is carried higher. Last year Mississippi enacted a sweeping ten-hour law making it unlawful for persons, firms or corporations engaged, in manufacturing or repairing "to work their employees more than ten hours per day except in cases of emergency or -where public necessity requires." Defendant, engaged in the manufacture of lumber and in the repair of its …

The Constitution Of The State And Its Effects Upon Public Interests, Theodore L. Stiles

Selected Articles on Washington State Constitution History

No abstract provided.

The Origin Of The Constitution Of The State Of Washington, Lebbeus J. Knapp

Selected Articles on Washington State Constitution History

No abstract provided.

Editorial

Journal of Criminal Law and Criminology

No abstract provided.

Notes On Current And Recent Events

Journal of Criminal Law and Criminology

No abstract provided.

Notes On Current And Recent Events

Journal of Criminal Law and Criminology

No abstract provided.

Practice Court Rules, University Of Michigan Law School

Miscellaneous Law School History & Publications

The purpose of the Practice Court is to afford to students of this department practical instruction in pleading both at law and in equity, under the common law system and the "reformed" or "code" procedure, and actual experience in the commencement and trial of cases through all their stages.

This booklet outlines the Practice Court Rules for 1913.

Content Of Covenants In Leases, Harry A. Bigelow

Articles

No abstract provided.

The Law Of Arrest For Public Offenses In Kentucky, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Editorial Preface To This Volume, Joseph H. Drake

Other Publications

"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …

The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard

Articles

Two cases, decided by the Supreme Court of the United States on March 1O, 1913, may be considered together. They are developments of the cases reviewed in 11 MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of "household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed a judgment against the carrier for the full value. 91 Ark. 97, 121 S. W. 932, 134 A. S. R. 56. On …

Sterilization Of Criminals, J. B. Bussey

Kentucky Law Journal

No abstract provided.

Insanity And Criminal Responsibility, Edwin R. Keedy

Journal of Criminal Law and Criminology

No abstract provided.

Protest Against Laws Authorizing The Sterilization Of Criminals And Imbeciles, Charles A. Boston

Journal of Criminal Law and Criminology

No abstract provided.