Digital Commons Network^™

Russian Raids On Neutral Commerce, Edwin Maxey

Michigan Law Review

The capture made by the Russian volunteer vessels in the Red Sea and by the Vladivostock fleet off the coast of Japan have revivified the question of the extent to which a belligerent may lawfully go in interfering with neutral commerce. Perhaps no question of international law has been prolific of more disputes than that of neutral rights. The intensity of feeling and desire for advantage incident to war are apt to cause belligerents to overlook neutral rights, and in their zeal to cripple an immediate enemy, to forget that they in turn will become neutrals and be transfixed by …

Surrender, Herbert Thorndike Tiffany

Michigan Law Review

A "Surrender" is defined by Lord Coke as a yielding up of an estate for life or years to him that hath an immediate estate in reversion or remainder, wherein the estate for life or years may drown by mutual agreement between them. This statement has been followed, more or less closely, by such other writers as have undertaken to define the term, and there has never been any question made as to its substantial correctness. A surrender, then, is a particular mode or form of transfer, which derives its distinguishing characteristics from the fact that it is made by …

Note And Comment, Michigan Law Review

Michigan Law Review

Lawyers and Jurists at the Exposition; Convention of the Commercial Law League of America; The Philippine Island Cases in the Supreme Court of the United States; The Writ of Habeas Corpus in Chinese Exclusion Cases; What is a "Crime" Within the Meaning of the Constitution?; Due Process of Law; Winding up Proceedings; Literary Criticism and the Law of Libel; The New Japanese Civil Code;

Recent Legal Literature, A. L. Cross, Gustav Stein, Horace Lafayette Wilgus, Harlow P. Davock

Michigan Law Review

Horne: The Mirrour of Justices; Flanders: The Life of John Marshall; Nellis: Street Railroad Accident Law; Gould and Blakemore: The Bankruptcy Act of 1898 and Amendments

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Husband as Agent of Wife in Transfer of Real Property; Assignment of Insurance Policy--Change of Beneficiary; Banks--Deposits Made by Estate in Trust for Another; Chattel Mortgages--When Void as Against Trustee in Bankruptcy of Mortgagor; Constitutional Law--Class Legislation--Restrictions upon Building and Loan Associations; Corporations--Foreign, Transacting Business in State--Right of Action--Condition Precedent--Interstate Commerce; Corporations, Insolvent--Preferring Creditors--Directors; Damages--Breach of Contract; Damages--Mental Suffering Unconnected with Physical; Deeds--Delivery to a Third Person--Requisites; Deeds--Signing by One not Named as Grantor; Election Contest--Tie Votes--Effect; Injunction--Special Injury--Street Improvement; Insolvency of Building and Loan Associations--Borrowing Shareholder--Credits; Insurance--Delay in Making Proofs of Death when Blanks were to be Furnished by …

University Of Michigan Department Of Law Annual Announcement: 1904-1905 And Catalogue Of Students From 1903-1904, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements; Board of Regents; Faculty of Law; Department of Law; Work in the Department of Literature, Science, and the Arts; Students; Summary of Students; Officers of the Alumni Association.

English History And The Study Of English Law, Arthur Lyon Cross

Michigan Law Review

Ranke, the Nestor of modern historical research, was wont to say that he only wanted to know how things had happened. Lamprecht, however, more truly indicated the aim and purpose of the investigation of the past when he said that be wanted to know how things had become. Another distinction between the schools which these two men represent is, that one is primarily interested in political affairs, while the other would include within the historical field all phases of social activity. A survey of the course of scholarship during the century just closed, leads to the conclusion that this latter …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Appointment of, on Disappearance of Person; Agency--collection of Notes--Possession of the Instrument--Apparent Authority; Appeal--Right to Appeal After Satisfaction of Judgment; Attorney and Client--divorce Cases--contingent Fees--Prevention of Reconciliation; Attorneys--disbarment--Attacking Honesty of Judge; Bankruptcy--city Taxes--Priority; Carriers--Death by Wrongful Act--Stipulations Avoiding Liability for Negligence Toward free Passenger--Validity and Effect; Carriers--signed Ticket not the Contract; Constitutional Law--Class Legislation--Use of Flag for Advertising Purposes; Constitutional Law--Jurisdiction of Equity to Try Title to Office--Injunction; Contract--Validity--Conditions Attached to Goods--Purchase by Retail Trader from Wholesale Trader with Notice; corporations--forfeiture of Charter--Mandamus; Corporations--Garnishment of Stockholder for Unpaid Subscription; Criminal Law--Self-Defense; Deeds--Delivery--Testamentary Disposition; Ejectment--Description--Verdict--Judgment; Ejectment--Equitable Title in Plaintiff; Evidence--Admissions--Abandoned Pleadings; …

One Phase Of Federal Power Under The Commerce Clause Of The Constitution, John C. Donnelly

Michigan Law Review

No clause of the Federal Constitution, making a grant of power, has, by judicial interpretation, been declared so broad and comprehensive in its scope as that clause which empowers Congress "to regulate commerce with foreign nations and among the several states and with the Indian tribes." In one of the very first cases in which the Supreme Court was called upon to consider the scope of this provision, it was quite properly held that under it, navigation was one of the important subjects which came within the federal power. Under it navigation was not only an important subject considered by …

Recent Legal Literature, Edson R. Sunderland, Robert E. Bunker, John R. Rood, John R. Rood

Michigan Law Review

Abbott: Brief upon the Pleadings in Civil Actions, at Law in Equity, and under the New Procedure; McMaster: McMaster's Irregular and Regular Commercial Paper; American State Reports, vols. 93 and 94.

Rights Of Joint Owners Of A Patent, Dwight B. Cheever

Michigan Law Review

0wing to the fact that the courts have decided the question Squite at variance from the expectations of ordinary persons, there is, perhaps, no legal proposition in patent law more interesting or important than that of the rights of joint owners of a patent. The relationship may arise from the parties being joint inventors, by their being joint assignees from the inventor or previous owner, or by the most common method, of one being an assignee from the patentee of a fractional interest in a patent; frequently in consideration of paying the expense of procuring the patent. By authority of …

Note And Comment, Michigan Law Review

Michigan Law Review

Is Commerce Between a State and a Territory Interstate Comerce?; Right of Court to Instruct upon the Failure of Defendant to Testify in a Criminal Action; The Last of the Kentucky Bank Cases, and the Relations Between the State and Federal Courts; The Last of the Kentucky Bank Cases--Federal Tax Judgementss in STate Courts; Power of the Court to Order a Physical Examination in Personal Injury Cases; The Porto Rican is not an Allien; Mimicry as Infringement of Musical Composition;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Preferential Payment--Recovery by Trustee; Carriers--Passengers--Derailing of Train; Constitutionality of Statute--Guaranty of Freedom of Speech--Immigration--Exclusion of Anarchists; Constitutional Law--Civil Rights--Power of Congress-Conspiracy Against Negroes; Corporations--Execution of Corporate Conveyances; Damages--Assault and Battery--Inadequacy of Verdict; Damages--Recovery for Mental Anguish Caused by Suffering of Another; Deeds--Statutory Words--Implied Covenants; equity--Injunctions--Restraint of Trade--consideration and Clearness of Contract; Equity--Injunction--Restraint of Trade--Consideration and Clearness of Contract; Foreign Administrator--Collection of Assets--Rights of Domestic Administrator; Highway--License--Defective Bridge--Liability of Owner; Husband and Wife--Bills and Notes--Intermarriage of Parties; Husband and Wife--Separate Property of Wife--Mortgage--Validity; Insurance--Mutual benefit Societies--forfeiture of Membership in a Religious Order; Judgments--Judicial Errors--Correction at Subsequent Term; Justice Court Judgment--Execution--Transcript--Filing in …

Jurisdiction Over Foreign Ships In Territorial Waters, Charles Noble Gregory

Michigan Law Review

War, says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--Right to Convey Inchoate Homestead; Agency--Scope of Authority--Sunday Contract; Assignment for the Benefit of Creditors--Action to set Aside; Bankruptcy--Discharge--Debt Created in Fiduciary Relation--Laundry Agent; Bills and Notes--Banks--Payment of Draft to Impost--Liability to Drawer; Chattel Mortgages-Validity--Mortgagor's Possession and Power of Sale in Ordinary Course of Business; Constitutional Law--Due Process at Law--Forfeiture of Lands for Failure to Pay Taxes; Constitutional Law--Local Option Law--Use of Liquors in Religious Worship--Discrimination; Contract for the Benefit of Third Persons--Enforcement by Beneficiary--Assignment; Corporations--Oral Subscription to Stock--Statute of Frauds; Corporations--Promissory Notes--Proof of Execution; Courts--Jurisdiction of State Court to Enjoin a Receiver Appointed by Federal Court; Damages--Automobiles--Frightening Horses--Excessive Speed; …

Recent Legal Literature, Mark Norris, Henry M. Bates, Victor H. Lane

Michigan Law Review

Clement: Fire Insurance as a Valid Contract; Gardner: Handbook of the Law of Wills; Van Dyne: Citizenship of the United States

Note And Comment, Michigan Law Review

Michigan Law Review

The American Political Science Association; The Bill of Rights and The Right to Labor; Right to Impeach the Consideration of a Judgment Rendered in Another State; the Function of the "Exhibit" in Copde Pleading; Lapse of Residuary Gifts; "Voluntary Confessions"; The Competency of the Conduct of Bloodhounds as Evidence in Criminal Cases; The "Reasonable Use" of Subterranean Waters

Need Of A National Incorporation Law, Horace Lafayette Wilgus

Articles

When the report of the Committee on Uniformity of legislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved. The Committee on Commercial Law, however, thought otherwise and said:- "The American people look to the American Bar for leadership on this question. Some one must lead. If not the lawyer, then it will be the demagogue."

Illustrative Cases On Equity Jurisprudence, Harry B. Hutchins, Robert E. Bunker

Books

This second edition (1904) retains the same arrangement and chapters of the previous edition (1902) about which was written, in a contemporary review: "These cases cover the entire subject of Equity Jurisprudence, and are classified according to the arrangement that is followed in Eaton on Equity….”

American Law Schools And The Teaching Of Law, George L. Reinhard

George Reinhard (1902-1906)

No abstract provided.

The Right To Practice Law, George L. Reinhard

George Reinhard (1902-1906)

No abstract provided.

Code Remedies: Remedies And Remedial Rights By The Civil Action According To The Reformed American Procedure, John Norton Pomeroy, Thomas A. Bogle

Books

The last edition of this work was published in 1894. Since that time so many decisions upon important questions of Code Pleading have been reported that another edition has become necessary. To collect, cite, and classify these decisions with reference to the topics discussed in the text, and thus place them at the convenient disposal of members of the legal profession, as well as students of the law, has been the main purpose of the present editor. This required a large amount of space, but as the original text included considerable matter that was theoretical rather than of present practical …

Bulletin Of The University Of Notre Dame Law Department 1904–5, Series I, Number I, University Of Notre Dame

Bulletins of Information

Law Department of the University of Notre Dame

The Grounds

The University Building

The Rules of Discipline

Law Department

Qualifications for Admission

The Course of Study

First Year

Second Year

Third Year

Postgraduate Year

Monthly Theses

Methods of Instruction

The Moot-Court

The Law Library

Books for Recitation and Class Work

Tuition, Board, Lodging, and Expenses

Names of Students

Catalogue of Students

Publications

Announcement Of The Law Department Of The University Of Notre Dame, 1904–5, University Of Notre Dame

Bulletins of Information

Law Department of the University of Notre Dame

The Grounds

The University Building

The Rules of Discipline

Law Department

Qualifications for Admission

The Course of Study

First Year

Second Year

Third Year

Postgraduate Year

Monthly Theses

Methods of Instruction

The Moot-Court

The Law Library

Books for Recitation and Class Work

Tuition, Board, Lodging, and Expenses

Names of Students

Catalogue of Students

Publications

The Right To Practice Law, George Louis Reinhard

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Viii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

The Conveyance Of Estates In Fee By Deed : Being A Statement Of The Principles Of Law Involved In The Drafting And Interpretation Of Deeds Of Conveyance And In The Examination Of Title To Real Property, James H. Brewster

Books

The purpose of the writer has been to state the principles of law applicable to the transfer of the title to real property by deed, in such manner as to assist one in drafting and interpreting the instrument of transfer.

Michigan 1904 (Law) News And Directory

Yearbooks & Class Year Publications

The Michigan '04 Law no. 1. Published January 1, 1905.

Michigan 1904 (Law) News And Directory

Yearbooks & Class Year Publications

The Michigan '04 Law no. 2. Published September 1, 1905.

A Treatise On The Law Of Wills: Including Also Gifts Causa Mortis And A Summary Of The Law Of Descent, Distribution And Administration, John R. Rood

Books

“The present work was undertaken with the purpose of furnishing a substantial treatise on the whole law of succession in one volume. Within this scheme were comprehended the separate topics following: 1, gifts causa mortis, by reason of their resemblance to legacies; 2, wills, including all legal questions and doctrines peculiar to wills; 3, the substantive law of descent and distribution; and 4, the adjective law of succession, including the administration of both testate and intestate estates.”--Preface.