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The Standard Oil Fine, Horace Lafayette Wilgus Jan 1907

The Standard Oil Fine, Horace Lafayette Wilgus

Articles

August 3, 1907, Judge Landis, in the United States District Court, for the Northern District of Illinois, sentenced the Standard Oil Co. to pay the largest fine ever inflicted upon any offender.1 The suit was an indictment on 1,903 counts for violations of the Elkins Rebate Law in receiving concessions on the movement of 1,903 cars of oil from Whiting, Indiana, to East St. Louis, Illinois, and from Chappell, Illinois, to St. Louis, Missouri, during the eighteen months between September I, 1903, and March 1, 1905. Four hundred and forty-one counts were withdrawn as not necessarily involved in this case. …

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The American Bar Association's Meeting At Portland, Henry M. Bates Jan 1907

The American Bar Association's Meeting At Portland, Henry M. Bates

Articles

The meeting of the American Bar Association for 1907 was a notable one, both in respect of the attendance and in the importance of many of the matters discussed. Not only was the attendance unusually large, but the presence of many distinguished men from abroad who were delegates to the meetings of the International Law Association, held during the same week, added distinction to the gatherings. The meetings reflected significantly the discussion throughout the country upon the great legal and political questions which the changing conditions in the commercial and industrial world have brought so prominently before the nation during …

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The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins Jan 1907

The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins

Articles

The Liability of Charitable Corporations for the Torts of their Servants.--This question was discussed quite fully in the last number of the REVIEW, pp. 552-559, under the title Liability of Hospitals for the Negligence of their Physicians and Nurses, particular attention being given to the reasons underlying the doctrine that charitable corporations are not liable for the negligence of their servants, provided proper care has been exercised in their selection, and to the limitations within which that doctrine should be confined. It was concluded that the true reason for the doctrine is not to be found, as many cases apparently …

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What Is The Practice Of Medicine?, Harry B. Hutchins Jan 1907

What Is The Practice Of Medicine?, Harry B. Hutchins

Articles

In a popular sense, and as ordinarily understood the practice of medicine is the applying of medical or surgical agencies for the purpose of preventing, relieving, or curing disease, or aiding natural functions, or modifying or removing the results of physical injury. Stewart v. Raab, 55 Minn. 20, 56 N. W. Rep. 256. But in some relations, and for some purposes, the expression has a more extended meaning. This is to be found sometimes in statutory provisions, sometimes in the decisions of the courts upon questions involving the construction of the expression and sometimes in both. Medical acts not infrequently …

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Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus Jan 1907

Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus

Articles

It is proper for me to say, in the beginning, that I have been delegated to bear, and I have the honor to present to the College of Law of the Ohio State University, upon this occasion the sincere congratulations and most hearty good wishes of the largest University Law School in the United States--the Department of Law of the University of Michigan. In addition to this, it is with much satisfaction, and is a very great personal pleasure, that I have the privilege of joining in the festivities of this dedication of the beautiful Temple of Themis, wherein the …

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Thomas Mcintyre Cooley, Jerome C. Knowlton Jan 1907

Thomas Mcintyre Cooley, Jerome C. Knowlton

Articles

In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley and Benjamin F. Graves came from New York parentage and from New England stock. The three last named received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …

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The Calvo And Drago Doctrines, Amos S. Hershey Jan 1907

The Calvo And Drago Doctrines, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

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The Nature Of Law, Hugh Evander Willis Jan 1907

The Nature Of Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis Jan 1907

The Right Of Bailees To Contract Against Liability For Negligence, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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James Valentine Campbell, Charles A. Kent Jan 1907

James Valentine Campbell, Charles A. Kent

Michigan Law Review

The Campbell ancestors of Judge Campbell were, as the name shows, Scotch. The earliest one in this country, his grandfather, was Thomas Campbell, an officer in an Highland Regiment, who settled on the Hudson. His son, Henry M. Campbell, was born in Ulster County, New York, September 10th, 1783. In early manhood he removed to Buffalo. When the War of 1812 broke out, he joined the American army, and was made Captain of an artillery company. In October, 1812, he married Lois Bushnell, a member of a New England family. Her nephew, the Reverend Horace Bushnell, became a very distinguished …

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Recent Important Decisions, Michigan Law Review Jan 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Unnecessary Services--Compensation; Bankruptcy--Title to Bankrupt's Property; Banks and Banking--Checks--Appropriation of Deposit--Garnishment; Chattel Mortgages--Retention of Possession and Power of Sale by Mortgagor--Fraud; Civil Rights--Power of Congress to Protect Against Individual Interference; Common Carriers--Limitation of Liability--Agreed Valuation; Constitutional Law--Delegation of Legislative Power--Regulations of Executive Departments; Constitutional Law--Regulation of Child Labor; Contracts--Mutuality--Consideration; Contracts--Restraint of Trade; Corporations--Misuse of Funds--Right of Stockholder to Sue; Corporations--Preferred Stock--Priorities--Cumulative Dividends; Covenants--Knowledge by the Grantee of Incumbrance; Criminal Law--conviction of Lesser Offense as Acquittal of Graver Offense--Former Jeopardy--Remanding Cause for Sentence; Damages--Mental Anguish--Undelivered Telegram; Deeds--Exceptions--Reservations--Abandonment of Right of Way--Reversion--Effect; Eminent Domain--Cemeteries; Evidence--Privileged Communications--Attorney and Client; Evidence--Res Gestae--Spontaneous …

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Some Contributions Of Psychology To The Conception Of Justice, James Tufts Dec 1906

Some Contributions Of Psychology To The Conception Of Justice, James Tufts

Michigan Law Review

The two general standpoints from which all attempts to define justice and rights proceed, are that of the individual and that of the social whole. From the standpoint of the individual, we have such principles as 'to every man according to his deserts,' or 'to every man according to his needs,' as well as the stubbornly surviving principle of natural rights, which is imbedded in our institutions even though discredited by philosophers. From the standpoint of society, we have the principle that justice means the determining of individual relations by the general order and the subordinating of individual to public …

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Delegation Of Authority By An Agent, Floyd R. Mechem Dec 1906

Delegation Of Authority By An Agent, Floyd R. Mechem

Michigan Law Review

I. DELEGATUS NON POTEST DELEGARI.-The appointment of an agent in any particular case is made, as a rule, because he is supposed by his principal to have some fitness for the performance of the duties to be undertaken. In certain cases his appointment is owing to the fact that he is considered, to be especially and particularly fit. The undertaking demands judgment and discretion, which he is supposed to possess; or it requires the skill and learning of an expert, which he assumes to be; or personal force and influence are desirable, and these the agent is thought to be …

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Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd Dec 1906

Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd

Michigan Law Review

The Constitutionality of Statutory Restrictions Upon Sales of Merchandise; The Liability of a Collecting Bank for the Defaults of its Correspondents; Reasonable Regulation of Primary Elections; Assignment of Wages to be Earned in the Future in the Absence of a Contract of Employment Definite as to Time

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Recent Important Decisions, Michigan Law Review Dec 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …

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Recent Legal Literature, Edwin C. Goddard, Edwin C. Goddard, Edwin C. Goddard, Joseph H. Drake, Joseph H. Drake, Victor H. Lane, Victor H. Lane, Edson R. Sunderland Dec 1906

Recent Legal Literature, Edwin C. Goddard, Edwin C. Goddard, Edwin C. Goddard, Joseph H. Drake, Joseph H. Drake, Victor H. Lane, Victor H. Lane, Edson R. Sunderland

Michigan Law Review

Beale: The Law of Innkeepers and Hotels, including other Public Houses, Theatres, Sleeping Cars; Beale: The Law of Railroad Rate Regulation, with special reference to American Legislation; Moore: A Treatise on the Law of Carriers; Bernard: The First Year of Roman Law; Holland: The Elements of Jurisprudence; Wilcox: Foibles of the Bench; Wigmore (ed.): A Selection of Cases on Evidence for the Use of Students of Law; Fairlie: Local Government in Counties, Towns and Villages; Hirschl: Trial Tactics. A Treatment of the Methods of Conducting Litigation

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Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall Nov 1906

Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall

Michigan Law Review

I regret exceedingly that I am not able, in the scope of these observations, to include all the states of the American Union, where the home-rule charters have been permitted as a method of city government; but unfortunately my vision has not passed beyond the horizon of my own state, and the workings of the home­rule system in other states must be left as a subject for future study and comparison. With pardonable pride, however, it may be said that the State of Minnesota, while she has erred with her sister commonwealths in experimental over-legislation, has nevertheless recently placed upon …

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Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates Nov 1906

Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates

Michigan Law Review

A Spurious Law Course; Railroad Taxation in Michigan and Wisconsin; Surgical Operation on Minor Without Consent of Parent; The Power of Municipal Corporations to Grant Exclusive Privileges; Inheritance Taxes and the Right to Transfer and Inherit Property; The Sovereign Power of a State to Prevent Election Frauds; Original Jurisdiction of Supreme Court in Election Cases;

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Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage Nov 1906

Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage

Michigan Law Review

Gray: Limitations of the Taxing Power, Including Limitations Upon Public Indebtedness; Lincoln: The constitutional History of New York from the Beginning of the Colonial Period to the Year 1905. Showing Origin, Development and Judicial Construction of the Constitution; The Law Association of Philadelphia. Addresses Delivered March 13, 1902, and Papers Prepared or Republished to Commemorate the Centennial Celebration of the Law Association of Philadelphia, Pennsylvania; Long: A Treatise on the Law of Domestic Relations; Shastid: How to Suppress a Malpractice Suit and other Medical Miscellanies; Huddy: The Law of Automobiles; Hill: Lincoln the Lawyer

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Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D. Jun 1906

Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D.

Michigan Law Review

The Federal Courts and Local Law in Porto Rico; The Investigation of Corporate Monopolies; Compelling the Production of Corporation Books and Papers; Goods Damages by Act of God Because of a Carrier's Negligent Delay; The Effect of Dogmatic Changes Upon the Legal Status of a Church; Bays and Gulfs as Territory of the Adjoining Nation;

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Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr Jun 1906

Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr

Michigan Law Review

In considering this question two primary considerations are presented at the outset, (I) what is meant by a quitclaim deed, and (2) what constitutes a bona fide purchaser. The quitclaim, as used in the law of conveyancing in the United States, is ordinarily treated as analogous to the old English deed of release, but the latter could operate only when the vendee was already the owner of an estate in the land, while the former is recognized as an original conveyance. The usual operative words are "remise, release, and forever quit claim." Frequently a covenant against incumbrances by the grantor …

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Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake Jun 1906

Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake

Michigan Law Review

Parsons: The Heart of the Railroad Problem. The History of Railroad Discrimination in the United States. The Chief Efforts at Control and the Remedies Proposed, with Hints from Other Countries; Williston: Wald's Pollock on Contracts (3rd ed.); Erwin: A Summary of Torts; Pingrey: A Treatise on the Law of Extraordinary, Industrial and Interstate Contracts; Leage: Roman Private Law. Founded on the "Institutes" of Gaius and Justinian; Girard: A Short History of Roman Law; Longsdorf (ed.): Current Law, a complete Encyclopedia of New Law

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Recent Important Decisions, Michigan Law Review Jun 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …

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Arguments Before The Committee On Patents, May 3, 1906, United States Congress May 1906

Arguments Before The Committee On Patents, May 3, 1906, United States Congress

Legislative History – Copyright Act of 1909

Mr. Chairman and gentlemen of the committee, during the last hundred years and more the inventors of the country have been liberally dealt with by the lawmakers, and the result is to-day no country m the world stands higher in everything in the line of mechanical and industrial development than the United States does, and I think you gentlemen who have this matter of patents in charge may justly take pride in yourselves that your committee in the past has done such magnificent work for the wealth, the prosperity, and the reputation, and the ability of the United States at …

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Arguments Before The Committee On Patents, May 2, 1906, United States Congress May 1906

Arguments Before The Committee On Patents, May 2, 1906, United States Congress

Legislative History – Copyright Act of 1909

CHAIRMAN. The bill seeks to amend section 4966 of the Revised Statutes, which in the original text is as follows:

Any person publicly performing or representing any dramatic composition for which a copyright has been obtained, without the consent of the proprietor thereof, or his heirs or assigns, shall be liable for damages therefor, such damages in all cases to be assessed at such sum, not less than one hundred dollars· for the first and fifty dollars for every subsequent performance, as to the court shall appear to be just.

On January 6, 1897, section 4966 was amended to read …

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Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble May 1906

Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble

Michigan Law Review

The power to issue negotiable bonds is not identical with the power to become indebted, though usually concomitant with it; for municipal indebtedness may be incurred--by the issue of warrants or non-negotiable notes. The power to become indebted is not an inherent power of American municipalities. It is conferred by the state, either expressly, or by implication as being a necessary or reasonable agent in the execution of other powers expressly conferred; and the limits of the doctrine of implication are in dispute. But with the power to become indebted this paper is not concerned. Similarly the power to issue …

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Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus May 1906

Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus

Michigan Law Review

Bigalow: Centralization and the Law; Ridges: Constitutional Law of England; Kales: Conditional and Future Interests and Illegal Conditions and Restraints in Illinois; Beale: The Law of Foreign Corporations and Taxation of Corporations, Both Foreign and Domestic; Clephane: The Organization and Management of Business Corporations; Frost: A Treatise on the Incorporation and Organization of Corporations, Created Under the "Business Corporation Acts" of the Several States and Territories of the United States; Whitten (ed.): Yearbook of Legislation, 1904

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The Compensation Of Medical Witnesses, Harry B. Hutchins Apr 1906

The Compensation Of Medical Witnesses, Harry B. Hutchins

Michigan Law Review

The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt. But there are limitations upon the general rule, some based upon principles of legal policy and some upon …

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Nature And Extent Of An Agents Authority, Floyd R. Mechem Apr 1906

Nature And Extent Of An Agents Authority, Floyd R. Mechem

Michigan Law Review

§ I. PURPOSE of THIS PAPER.-It has been seen in another place how the relation of principal and agent may be created and how it may be terminated. The purpose of creating the agency is to confer authority upon the agent,--to clothe him to a greater or less extent, and for a shorter or longer period, with a portion of that power with which nature and the laws of society have invested the principal. For the time being, and in some capacity, the principal has another self, who, by his will and act, is invested with the power to speak …

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Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates Apr 1906

Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates

Michigan Law Review

Liability of Principal for Mistake or Fraud of Agent; Contracts by Correspondence; The Police Power and city ordinances for the disposal of Garbage; Restriction Upon the Right of a Carrier to Deal in Commodities Transported by It;

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