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Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …

Recent Legal Literature, Edson R. Sunderland, Edson R. Sunderland, Harry B. Hutchins

Michigan Law Review

Clementson: A Manual Reletaing to Special Verdicts and Special Findings; Wharton: A Treatise on the conflict of Laws, or Private International Law; Lile, Redfield, Wambaugh and Wheeler: Brief Making and the Use of Law Books; Pomroy: Pomroy: Pomeroy's Equitable Remedies (supplementary to Pomeroy's Equity Jurisprudence); McLaughlin: The Confederation and the Constitution, 1783-1789

Extra-Territorial Jurisdiction In China, Gustavus Ohlinger

Michigan Law Review

The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …

Effect Of Foreign Chattel Mortages Upon The Rights Of Subsequent Purchasers And Creditors, Marion Griffin

Michigan Law Review

Should the title or lien of a foreign mortgagee be protected against the claims of creditors and innocent purchasers in the state to which the mortgaged property is removed? It is sometimes said that the chattel mortgage creates a mere lien by the law of the state where made, which is not entitled to recognition in any other state. The weight of authority is otherwise. It is a transfer of the, property itself as a security for the debt. There are some states in which a mortgage of personal property creates no title in the mortgagee, but a mere lien; …

Note And Comment, Henry M. Bates, Harry B. Hutchins, Ralph E. Jenney, Charles L. Dribble, Charles H. L'Hommedieu

Michigan Law Review

Internal Revenue Tax on State Dispensaries Upheld; What is the Practice of Medicine?; Appeals from Decrees for Costs; The Hearst Election Contest; The Lapse of a Legacy to a Deceased Child; Unsightly Advertisements and Billboards

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arbitration and Award--By-Laws of Board of Trade--Ousting Courts' Jurisdiction; Bills and Notes--Accommodation Indorsement--Conflict of Laws; Bills and Notes--Material Alteration; Common Carriers--Duty to Notify Passenger of Arrival at His Destination--Must Awaken Sleeping Passenger if His Destination is Known; Constitutional Law--Anti-Trust Laws--Equal Protection of the Laws; Constitutional Law--Insurance--State Statutes Prohibiting Combinations Among Insurance Companies--Do Not Violate Fourteenth Amendment; Constitutional Law--Prosecution by Information due Process of Law; Contracts--Agreement to Employ Only Members of a Certain Union; Contracts--Public Policy--Location of Depots; Corporations--Reduction of Stock--Equitable Relief--Powers of Officers; Corporations--Suit by Stockholders--Refusal of Directors to Sue; Corporations--Suit in Stockholders' Names--Device to Confer Jurisdiction on Federal Courts; …

The Evasion Of State Laws By Mail Order Insurance Companies, John G. Park

Michigan Law Review

One of the commercial phenomena of this age has been the unprecedented development of the mail order industry. Mammoth mercantile establishments have arisen which never see their customers face to face, have no soliciting agents, and sell goods exclusively by means of the modest "catalogue," the postage stamp and the unwearied effort of the Post Office Department. Whether the story of the genial citizen who is said to have acquired a mail order wife be true or false, the popularity of the mail order scheme cannot be gainsaid.

Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster

Michigan Law Review

Constitutional Privileges in the Philippine Islands; A Laudatory Publication as a Cause of Action; The Cy-Pres Doctrine; Duty of Vendee to See to Investment of Funds; the Power to Declare a forfeiture and Sell Property Used in Violation of a Statute; Dying Declarations; "Juvenile Courts" and Jury Trials for Neglected, Delinquent, Children;

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Acknowledgment--Notary Agent of Grantee--Extra Compensation for Securing Acknowledgment; Attachment of Real Property--Conflict of Jurisdiction--Federal and State Courts; Attorney and Client--Contract Between--Fraudulent Conveyance; Bankruptcy--Preferences--Securing Attorney's Fee; Banks--Liability of Private Banker; Common Carriers--Duty to Receive Helpless Persons as Passengers--Degree of Care Required When Accepted; Common Carriers--duty Toward Hackmen at Depots--May Discriminate; Constitutional Law--Impairing Obligation of Contract--Contracts with Waterworks Companies; Constitutional Law--License for Issuing Trading Stamps; Constitutional Law--Trading Stamp Laws; Corporations--amendment of Charter--Service on--Liberty to Contract; Corporations--Constitutional Law--Pools and Trusts--Foreign Insurance Companies; Criminal law--Written instructions to Jury; damages--Fright Unconnected with Physical Injury; Deed--description--Conveyance to Trustee--Necessity of Word "heirs"--Rule in Shelley's Case--Adverse Possession; Evidence--Corporations--Books …

Recent Legal Literature, William J. Meyers, William J. Meyers, Joseph H. Drake, Jerome C. Knowlton, Victor H. Lane, Robert E. Bunker, Frank L. Sage, Joseph H. Drake, Frank L. Sage

Michigan Law Review

Noyes: American Railroad Rates; Meyer: Railway Legislation in the United States; Diccy: Lectures on the Relation between Law and Public Opinion in England During the Nineteenth Century; Page: Law of Contracts; Camp: The Encyclopaedia of Evidence; Clement: Fire Insurance as a Void Conttract and as Affected by Construction and Waiver of Estoppel, including miscellaneous provisions and an analysis and comparison of the various standard forms, all reduced to rules with the relevant statutory provisions of all the states. Volume II.; Woodruff: A Selection of Cases on Domestic Relations and the Law of Persons; Kinkead: …

The Laws Of Jamaica, 1906, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1906

Published by authority

University Of Michigan Department Of Law Annual Announcement 1906-1907 And Catalogue Of Students For 1905-1906, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1906-1907; Board of Regents; Faculty of Law; Department of Law; The Department Building; Directions to Candidates for Admission; Requirements for Admission; Admission to Advanced Standing; Class Rating; Examinations for Admission; Courses of Instruction; Special Courses; Examinations; Theses; The Practice Court; Conveyancing; The Graduate Course; Roman Law; Mathematics of Annuities and Insurance; Elocution and Oratory; Oratorical Associations; Literary Societies; Requirements for Graduation; Certificates of Attendance; Work in the Department of Literature, Science, and the Arts; Master's Degree in Arts or in Science; Text-Books and Books of Reference; Fees and Expenses; Summer Session; Students;

Directory Of 1906 Law Class

Yearbooks & Class Year Publications

Second edition of the directory of the Law Class of 1906. Published 1917.

Directory Of 1906 Law Class

Yearbooks & Class Year Publications

Fourth edition of the directory of the Law Class of 1906. Published August 1936.

Delegation Of Authority By An Agent, Floyd R. Mechem

Articles

No abstract provided.

Selected Cases On The Law Of Negotiable Instruments, Robert E. Bunker

Books

The cases appearing in this volume have been selected primarily for the use of students pursuing the study of Negotiable Instruments and particularly for students in the Law Department of the University of Michigan. They are arranged in order to conform to the plan of instruction now pursued in that Department. The plan to which reference is made is sufficiently indicated by the Table of Contents infra. In brief, it involves a study of the law of Negotiable Instruments on the basis of the contract of the several parties as that law has been declared by the courts and, …

Constitutional Privileges In The Philippine Islands, Edson R. Sunderland

Articles

About a year ago an appeal was decided in the Supreme Court of the United States which came up from the Supreme Court of the Philippine Islands, involving the question of the right of the government to appeal in a criminal case and to secure a conviction after an acquittal below. That case was Kepner v. United States, 195 U. S. 100. The court held, by a vote of five to four, that proceedings in error instituted by the government after an acquittal in the trial court, had the effect of placing the accused twice in jeopardy for the same …

Some Observations On Case Law Reporting, John R. Rood

Articles

There is an old tradition, still believed by many lawyers, that these year-books were official reports made by a reporter appointed and paid by the king. If there ever was such a reporter, he is yet to be discovered. No year-books have been found in the treasury of the courts; there is no record of the appointment or payment of any official reporter, through all the two hundred and fifty years covered by the year-books; all the year-books now in the British Museum were found in private hands.2 Is it conceivable that an official reporter would criticize the court and …

The Compensation Of Medical Witnesses, Harry B. Hutchins

Articles

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.1 But there are limitations upon the general rule, some based upon principles of legal policy and some upon …

An Inroad Upon Fiduciary Integrity, Edson R. Sunderland

Articles

It is a principle universally recognized throughout our system of law, that no person shall be permitted to occupy a position of trust and confidence who at the same time is clearly subject to influences hostile to a faithful performance of his trust. There is a rule as old as Christianity, and it has been incorporated into our law from the earliest times, that "no man shall serve two masters; for either he will hate the one and love the other, or he will hold to the one and despise the other." Fiduciary relations can rest upon no foundation but …

Law As A Culture Study, Edson R. Sunderland

Articles

That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal …

Bulletin Of Richmond College: Catalogue Of The Law School For 1906-1907, University Of Richmond

Law School Catalogues

The founders of Richmond College showed rare wisdom and foresight in selecting a location for their institution. Richmond is not only the capital of Virginia, but is the best known city in the South, and one of the historic cities of the world. Enduring memorials of American heroes constantly teach lessons of patriotism and inspire young men with noble ideals. The busy city, with its varied manufactories and extensive commerce, reminds the student that the modern scholar must be practical as well as learned. Richmond lies midway between the severe cold of the North and the relaxing heat of the …

Recent Legal Literature, Harry B. Hutchins, Joseph H. Drake, Jerome C. Knowlton, Edwin C. Goddard, John R. Rood

Michigan Law Review

Pomeroy: Equity Jurisprudence and Equitable Remedies, 3rd ed.; Ware: Roman Water Law, translated from the Pandects of Justinian; Scott (ed.): Cases on Quasi-Contracts; Woodruff: Selected Cases on the Law of Quasi-Contracts; Clark and Skyles: A Treatise on the Law of Agency; Clark and Marshall: A Treatise on the Law of Crimes; Hill: Lincoln the Lawyer

War Arbitration And Peace, William Perry Rogers

Michigan Law Review

In examining any question which pertains to the welfare of humanity there are two prominent view points from which to start. One is that of the individual being; the isolated man; the unit of society. The other is that of the mass of mankind; the people as a whole; the corporate organization of states and nations. There are those who believe in a God of nations. They believe He guides their destinies in perils of battle, and in great and dangerous emergencies; but they insist that He has little or nothing to do with the affairs of the individual. Conversely, …

Constitutionality Of The Indiana Anti-Cigarette Law, Thomas A. Sims

Michigan Law Review

The recent act of the Indiana General Assembly, known as the "Indiana Anti-Cigarette Law," is the third act of its kind to be passed by a state legislature. In 1896 the State of Iowa enacted a similar law, and the year following, Tennessee did the same. In the years intervening between these acts and the present act similar bills have been introduced in various legislatures over the country but none of them has passed. The passage of the act by the Indiana Assembly has, however, seemingly reawakened the sentiment in favor of such legislation, and in several of the states …

Recent Important Decisions, Michigan Law Reviw

Michigan Law Review

Bills and Notes--Assignment of a Note by an Insane Person; Bills and Notes--Necessity for Identification of Payee of Check--Payment of Forged Check; Carriers--Limitation of Amount of Liability by Special Contract--Negligence--Limitation Valid; Carriers--Owners of Passenger Elevators--Not Liable as Common Carriers; Carriers--Owners of Passenger Elevators--Liable as Common Carriers; Constitutional Law--Indeterminate Sentence--Invation of Executive or Judicial Functions; Constitutional law--Obligation of Contract--Stockholders' Liability to Creditors; Constitutional Law--Sales--Interstate Commerce; Constitutional Law--Trial by Jury in Territories; Contract--Action for Breach--Question for Jury; Contract--Effect of Assignment of a Dramshop License as part Consideration; Corporations-- Insolvency--Sale--Creditors' Bill--Preferences to Officers; Corporations--Insolvency--Stockholders' Liabilities--Action at Law; Divorce--Alimony--Foreign Decree--Enforcement; Divorce--Epileptic's Marriage in Violation …

Recent Legal Literature, Jerome C. Knowlton, Edson R. Sunderland, Edwin C. Goddard, John R. Rood, Harry B. Hutchins

Michigan Law Review

Lawson: The Principles of the American Law of Contracts at Law and in Equity; Hartsbhorne: Courts and Procedure in England and New Jersey; Schouler: The Law of Bailments, Including Pledge, Innkeepers and Carriers; Freeman: The American State Reports. Containing cases of general value and authority, etc.; Bowlby, Lloyd, Amory, Emerson, and Abbe (Eds.): Wharton and Still's Medical Jurisprudence

Consideration V Causa In Roman-American Law, Joseph H. Drake

Michigan Law Review

In the case of Mtembre v. Webster, decided recently (19o4) in the Supreme Court of Cape Colony, South Africa, the court (De VILLIERS, J.) says that the causa of Roman-Dutch Law* (oorsaak-German Ursache) has become for all practical purposes equivalent to the valuable consideration of the Common Law., The court says further, 'I can not find that in practice any gratuitous promises except donations-as to which there are especial rules were ever enforced by law.' Sir Frederick Pollock in commenting on this case says, "The power of the Common Law to impose its conceptions on foreign systems when opportunities occur …

Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James

Michigan Law Review

Our forefathers, not foreseeing that the States would some day become one country for commercial purposes, failed to vest in Congress power to regulate all commerce, but limited that body to such as was interstate or foreign. An unexpected (and by many now believed erroneous) decision by the Supreme Court of the United States1 in 1869, that a contract between citizens of different states did not constitute interstate commerce, checked the growth of that unity of law so convenient in the development of industries, national in character. For one hundred years, from 1789, when the Constitution was adopted, to 1890, …

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus

Michigan Law Review

The Law School; Unauthorized Operation by Physician; The Kansas Oil Refinery Bill; Garnishment of Public Corporations; The rule in Wild's Case Today; Effect of a complicated Form of Ballot on the Elector's Freedom of Choice; Situs of Debts for Garnishment; Malicious Interference With the Contract of Employment