Digital Commons Network^™

The Illinois Ten-Hour Labor Law For Women, Andrew Alexander Bruce

Michigan Law Review

There are few cases before the American courts today which are of more significance than that which has recently been brought in the Illinois courts by William E. Ritchie of Chicago and which seeks "to enjoin the prosecuting officers of the state from enforcing the provisions of the so-called Women's' Ten-Hour Labor Law. The case of course involves the somewhat mooted question as to whether the remedy in such cases, if remedy there be at all, is by injunction, or whether the slower and more unsatisfactory procedure of a writ of error is not technically demanded, but this question is …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Trustee's Right to Enforce Stockholder's Statutory Liability; Bills and Notes--Failure of Consideration--When Maker is Estopped From Pleading It; Bills and Notes--Instrument Payable After Death--Whether Valid Obligation or of a Testamentary Character; Carriers--Interstate and Intrastate Commerce; Carriers--Regulations Relative to Shipment of Live Stock; Constitutional Law--Equal Protection of Laws--Foreign Corporations--Statute Forfeiting Right to Do Business; Constitutional law--Police Power--Personal Liberty--Photographing Persons Charged With Crime; Contempt--Murder of Prisoner Pending His Appeal; Counties--Action by Taxpayer--Compensation of Attorney; Criminal Law--What Constitutes a Disorderly House; Damages--Allowance of Attorney's Fees--rule in Hadley v. Baxendale Applied; Eminent Domain--Taking or Damaging Property--Noise and Smoke From Operation of Railroad; Equity--Illegal Contract--Duty …

Book Reviews, Robert E. Bunker, Joseph H. Drake, Joseph H. Drake

Michigan Law Review

Frost: A Treatise on Guaranty Insurance and compensated Suretyship including therein as subsidiary branches, The Law of Fidelity, Commercial and Judicial Insurance, &c.; Freeman: The American Reports. Containing the Cases of General Value and Authority. Decided int eh Courts of Last Resort of the Several States.;Green: Digest of the Decisions of the Courts of last resort of the several states from 1904 to 1909 contained in the American State Reports, vols. 97 to 120 inclusive, and of the notes to cases reported therein.; the Earl of Halsbury et al.: The Laws of England, Being a Complete …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane

Michigan Law Review

Effect of Taking Possession of Mortgaged Property Under a Chattel Mortgage as Against a Junior Mortgagee; The Effect of the Reunion of the Cumberland Presbyterian Church With the Presbyterian Church in the United States of America Upon the Property of the Former; The Exclusive Use of Part of Railroad Station Grounds by Hackmen; Conflict of Jurisdiction in Bankruptcy Cases Between Federal and State Courts; Right of the Legislature to Amend Corporate Charters Under the Reserved Power; Can A Purchaser From a Tenant Acquire Title by Adverse Possession?; Can a Mortgagor After the Execution of the Mortgage Create an Easement in …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Discharge of Bankrupt From Arrest--Claims--Judgment--Willful and Malicious Injury; Bills and Notes--anomalous Indorser; Bills and Notes--Innocent Holder of Note Given on the Sale of "Futures"; Constitutional Law--Imprisonment for Debt; Elections--Constitutionality of "Terrell Election Law"; Eminent Domain--Accretions--Extending Highway--Compensation; Guaranty--Consideration--Past and Future Advances; Intoxicating Liquors--Right to Withdraw Names from Local Option Petition; Intoxicating Liquors--Sale of Malt Tonic; Landlord and Tenant--Change in Law Preventing Use of Part of Premises--Abatement of Rent; License--Parol Permission to Use Lands--Revocation of, After Expenditures by Licensee; Mandamus--Nature of the Remedy; Master and Servant--Injuries to Third Persons; Master and Servant--Injuries to Third Persons--Dual Relation--Proximate Cause; Monopolies--Right to Recover on Monopolistic …

University Of Michigan Department Of Law Annual Announcement, 1909-1910 And Catalogue Of Students 1908-1909, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1909-1910; Board of Regents; Faculty of Law; Department of Law; The Department Building; Library; Directions to Candidates for Admission; Requirements for Admission; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Examinations for Admission; Courses of Instruction; Special Courses; Examinations; Theses; The Practice Court; Conveyancing; Graduate Study; Elocution and Oratory; Oratorical Associations; Work in the Department of Literature, Science, and the Arts; Literary Societies; Michigan Law Review; Requirements for Graduation; Certificates of Attendance; Text-Books and Books of Reference; Fees and Expenses; Summer Session; Students Enrolled for the year 1908-1909; …

Book Reviews, John R. Rood, John R. Rood

Michigan Law Review

Costigan, Jr.: handbook on American Mining Law; Minor: The Law of Real Property (Based on Minor's Institutes); Mikell: Cases on Criminal Law, selected from decisions of English and American Courts; Beecher: The Annotated Constitution of Michigan, with Introduction by Fred A. Baker

Economic Aspects Of The Law Of Master And Servant, In Its Relation To Industrial Accidents, Clarence A. Lightner

Michigan Law Review

We hear it said frequently that the relations between master and servant have completely altered during the past century and that, due to the introduction of machinery, workmen are much more frequently and more seriously injured than formerly. In fact, these statements have become trite. It takes an article, such as that written by Arthur B. Reeve, in the February, 1907, number of Charities and the Commons, entitled "The Death Roll of Industry," to bring to our minds what these statements actually mean; to impress us with the seriousness of present conditions. Although statistics upon the matter are not as …

Mutuality Of Options, R. T. Holland

Michigan Law Review

In spite of the fact that options, so-called, have been in use for many years, it is surprising to find that the law is still somewhat unsettled, and that courts frequently express doubt as to their validity at this late day. The main difficulty with this form of contract seems to be an apparent lack of mutuality, and even when sustained, they have, in many cases, been treated as exceptions to the rule that mutuality must be present in all contracts.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arson--Persons Liable--Husband or Wife; Bankruptcy--Exemptions--Homesteads; Carriers--Bill of Lading--Estoppel to Deny Receipt of Goods; Commerce--Carriers--State Regulation--Congressional Inaction; Constitutional Law--Interstate Commerce--Compelling Carrier to Share Facilities with Rival--Due Process of Law; Constitutional Law--Right to Engage in the Business of an Undertaker; Counties--Railway Aid Bonds--Conditions Precedent; Covenants--Power of Court of Equity to Compel Release of, as Cloud on Title; Divorce--alimony--Divorce Granted Against Wife; Eminent Domain--Appropriation of Property--Street Railway Addition Burden; Evidence--Admissibility of Confessions; Evidence--Hearsay Declarations of Pedigree; Execution--Sale--Inadequacy of Price--Setting Aside; Insurance--Exception in Fire Insurance Policy--"Cotton in Open Cars"; Insurance--Right to Sue on Indemnity Policy--Payment of Loss by Receiver's Note; Intoxicating Liquors--Illegal Sale--Ordinance--Validity; Intoxicating …

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

The Position Of A Trustee In Bankruptcy With Reference To Unfiled Or Unrecorded Chattel Mortgages And Conditional Sale Contracts, Ralph W. Aigler

Michigan Law Review

Since the enactment of the first bankruptcy act the courts have very frequently been called upon to consider the precise position of the trustee in bankruptcy, with reference to his ability to raise the question of the invalidity of transfers or liens made or created by the bankrupt prior to the proceedings in bankruptcy. The phase of this question indicated by the title of this article is possibly of more interest than the rest of the general subject, because of the changes, or to be more exact, the supposed changes, through which the law has passed. And if the law …

National Sovereignty, S. S. Gregory

Michigan Law Review

The growth and development of our country and its marvelous progress in every direction have been dwelt upon so constantly in what our critics characterize as a spirit of boastfulness and over­ weening national self-conceit, that almost any reference to this stupendous theme seems trite and commonplace. If we compare our country as it existed when the Federal Constitution was adopted, in extent of territory, in population and in wealth, with our present situation, the retrospect is astounding and overwhelming. It is not my purpose to rehearse the epic story of this mighty nation, inspiring and exalting as it is. …

Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey

Michigan Law Review

The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--General Assignment--Liens Acquired by Assignee; Bills and Notes--Contract of Wife--bona Fide Purchasers; Bills and Notes--Non-Existing Payee--Negotiable Instruments Law; Constitutional Law--Jurisdiction of Federal Courts--suits Against A State; Contracts--Agreement in Restraint of Trade if Severable and Reasonable as to Part is Valid; Corporations--Taxation--Franchise Tax; Elections--Primary Elections--Use of Emblem on Ballots; Evidence--Competency of Witness--Transaction With Agent, Since Deceased; Evidence--Judicial Notice of "Football Season"; Evidence--Public Records of Another State; Guaranty--Change in Principal Contract--Discharge of Guarantor; Injunction--Vendee's Fraud Vitiates Right to Use Patented Machine; Insurance--Mutual Life Insurance--Invalid By-Law--Waiver of Breach; Interstate Commerce--Power of Courts to Enjoin Enforcement of Rates; Judgment--Of Foreign Country--Conclusiveness; Judgment--Power of Court …

Book Reviews, Victor H. Lane, Henry C. Adams, Victor H. Lane, James H. Brewster

Michigan Law Review

Polk: Due Process of Law under the Federal Constitution; Ivins and Mason: The Control of Public Utilities in the form of an annotation of the Public Service Commissions Law of the State of New York and covering all important American cases; Best: The Principles of the Law of Evidence, with elementary rules for conducting the examination of witnesses; Schouler: Ideals of the Republic; Correspondence

Hearings Before The Copyright Subcommittees Of The Committees On Patents, January 20, 1909, United States Congress

Legislative History – Copyright Act of 1909

MR. STEUART: Mr. Chairman and gentlemen of the committee, the immediate subject to which I have been asked to address myself to-day is a clause contained in the fourth section of the proposed Washburn bill, which is in these words: “That subject to the limitations and conditions of this act copyright secured hereunder shall be entitled to all the rights and remedies which would be accorded to any other species of property at common law.”

The Laws Of Jamaica, 1908, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1908

Published by authority

Decisions, Statutes, & C., Concerning The Law Of Estates In Land, John R. Rood

Books

“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text.… In this edition several typographical errors in the first impression have been discovered and corrected. The scope of the work has also been extended by numerous additions throughout, and by inserting the chapters on uses, trusts, and powers, which did not appear in the first edition.

JOHN R. ROOD

Dated, Ann Arbor, February 25th, 1910” --Preface.

Employer's Liability, Floyd R. Mechem

Articles

No abstract provided.

The Study Of Law By Correspondence, James Parker Hall

Articles

No abstract provided.

Process, Edson R. Sunderland

Book Chapters

Professor Sunderland's chapter on Process: "Process, in the sense in which it is employed in the present title, means the writ, notice, or other formal writing, issued by authority of law, for the purpose of bringing defendant into a court of law to answer plaintiff's demands in civil action, although in a more technical and limited sense the term is frequently applied only to those writs or writings which issue out of a court." The chapter features an 8-page outline introductory.

Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck

Michigan Law Review

The Ownership of Sunken Logs; Combination Among Physicians to Fix Prices for Professional Services; The Issuance of Receivers' Certificates to pay Interest, Etc.; The Federal Constitution is Not Violated by a State Law Compelling one Accused of Crime to Testify Against Himself; Transfer of Negotiable Instrument Without Endorsement

Ley De Caza De Cuba De Enero 22, De 1909, Cuba

Cuban Law

No abstract provided.

The Trial Brief, Edson R. Sunderland

Book Chapters

Professor Sunderland writes in introduction to his chapter: "As this is not a book of practice, an extended discussion of the general subject of 'Preparation for Trial' would manifestly be out of place.... The purpose of this part is to outline a course of investigation suitable in preparing a case for trial and to suggest methods for making the materials so obtained readily available." [p.207]

Prosecuting And District Attorneys, Henry M. Bates

Book Chapters

Professor Bates defines his subject matter "Prosecuting and district attorneys are judicial officers of the state, within their respective districts, although not officers of the state at large. Under some statutes they are county officers, while under others they are not, but are circuit or district officers.... Like other attorneys, prosecuting and district attorneys are officers of the court; but they are not a part of the court because of their office." A two-page outline precedes the entry.

Pleading, Edson R. Sunderland

Book Chapters

Professor Sunderland's 780-page chapter on Pleadings: "Pleadings are statements, in logical and legal form, of causes of action and grounds of defense, terminating in a single proposition affirmed on one side and denied on the other. They are intended to form the foundation of the proof to be submitted on the trial, and should advise the parties to an action what the opposite party relies upon either as a cause of action or defense or objection as the case may be." Preceded by a 41-page outline.

The Art Of Legal Practice, Edson R. Sunderland

Articles

In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …

Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins

Articles

Right to practice medicine regulated by statute.--In the absence of a statute upon the subject, any person is at liberty to practice medicine or surgery or both. This is the common law. And yet in the absence of a statute the physician necessarily assumes certain responsibilities that grow out of his relation to those whom he treats. He is bound to bring to the discharge of his duties the learning, skill and diligence usually possessed and exercised by physicians similarly situated. In other words, while in the absence of statutory regulation, the door of the profession is open to all, …