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Recovery Of Money Paid Under Mistake Of Law, William P. Rogers Nov 1908

Recovery Of Money Paid Under Mistake Of Law, William P. Rogers

Michigan Law Review

Few questions which come before the courts seem more difficult to settle than those growing out of the maxim, ignorantia juris non excusat. The fact that the most recent decisions bearing on the subject are as much at variance and as conflicting as those rendered more than a century ago, is the excuse, if not a justification, for this article. It is proposed, however, to examine only that phase of the subject found in this inquiry: "Can one recover from another money paid under mistake of law to which the payee is not entitled, and which he can not in …


Book Reviews, Horace Lafayette Wilgus, John R. Rood Nov 1908

Book Reviews, Horace Lafayette Wilgus, John R. Rood

Michigan Law Review

Street: The Foundations of Legal Liability. A presentation of the Theory and Development of the Common Law.; Martin: Mining Law and land Office Procedure. With Statutes and Forms.; Devlin: The Treaty Power Under the Constitution of the United States; Freeman: The American State Reports. Containing the Cases of General Value and Authority Decided in the Courts of Last Resort of the Several States.;


Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner Jun 1908

Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner

Michigan Law Review

The Liability of a Physician for the Acts of His Partner; Municipal Taxation by Appointive Boards or Commissioners; The Right of a Married Woman to Recover for Personal Injuries; What is Corporate Action?;


Recent Legal Literature, James H. Brewster, John R. Rood, James H. Brewster Jun 1908

Recent Legal Literature, James H. Brewster, John R. Rood, James H. Brewster

Michigan Law Review

Right Honourable Earl of halsbury: The Laws of England, Being a Complete Statement of the Whole Law of England; Dooling: Equitable Remedies of Creditors in Michigan; Train: True Stories of Crime from the District Attorney's Office;


Limited Partnership In America And England, Francis M. Burdick May 1908

Limited Partnership In America And England, Francis M. Burdick

Michigan Law Review

At last Great Britain has legalized Limited Partnership. More than a quarter of a century ago, Sir Frederick Pollock called attention to the fact that the United Kingdom was almost the only civilized country of the world which had not adopted this institution. The remark was made in an address devoted to an explanation of a bill, which he had drafted, to cover the entire subject of partnership. Long before this, the economical advantages of limited partnership had been set forth by John Stuart Mill and other writers; and repeated attempts had been made to secure a statute legalizing this …


The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem May 1908

The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem

Michigan Law Review

Purpose of this article--The manager of the execution of instruments under seal, such as deeds, bonds and other solemn writings, is of so much importance and has been so frequently discussed, as to merit the more extended treatment, which it is the purpose of this article to devote to it. The word "deed" herein is used to describe all it instruments under seal, and not merely conveyances of land. It is to be observed that the question here is not how authority to execute sealed instruments is to be conferred, but how such an authority is to be executed.


Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt May 1908

Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt

Michigan Law Review

Suits Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--Corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional Law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joinder of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions Reviewable; Equity--Sworn Answers as Evidence--Proof to Overcome; Evidence--Opinion Evidence in Action for Libel; Evidence--The Best Evidence Rule; Fraudulent Conveyances--Delivery and Change of Possession of …


University Of Michigan Department Of Law Annual Announcement 1908-1909 And Catalogue Of Students For 1907-1908, University Of Michigan Law School Apr 1908

University Of Michigan Department Of Law Annual Announcement 1908-1909 And Catalogue Of Students For 1907-1908, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; Announcements for 1908-1909; 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; Roman Law; Mathematics of Annuities and Insurance; 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 …


Recent Legal Literature, Henry M. Bates, Victor H. Lane Apr 1908

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

Michigan Law Review

Thayer: Legal Essays; Kennedy: Trial Evidence. A Synopsis of the Law of Evidence Generally Applicable to Trials.


The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood Apr 1908

The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood

Michigan Law Review

It is evident that no one hard and fast rule could be applied to all cases, either in city or country, "without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …


Note And Comment Apr 1908

Note And Comment

Michigan Law Review

The Case of Bigelow v. Calumet and Hecla Mining Company et al., Involving the Question of the Control by One Corporation of a Competing Corporation; The right of the Federal or a State government to Maintain an Action for the Recovery of Taxes; Liability of a Life Insurance Company When the Insured is Executed for the Commission of a Crime; Jurisdiction of a Court of Equity to Restrain the Commission of Criminal Acts; Municipal Contracts for Patented or Proprietary Paving


A Short History And Some Of The Graduates Of The Department Of Law Of The University Of Michigan, Burke A. Hinsdale Mar 1908

A Short History And Some Of The Graduates Of The Department Of Law Of The University Of Michigan, Burke A. Hinsdale

Miscellaneous Law School History & Publications

History of the University of Michigan Law School reprinted from The Michigan Alumnus March, 1908 issue.


University Of Michigan University Bulletin, New Series Vol. Ix, No. 5 March 1908, Summer Session Department Of Law Fourteenth Annual Announcement, University Of Michigan Law School Mar 1908

University Of Michigan University Bulletin, New Series Vol. Ix, No. 5 March 1908, Summer Session Department Of Law Fourteenth Annual Announcement, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; Faculty of the Summer Session of the Department of Law; University of Michigan Summer Session of the Department of Law; Libraries; Registration; Requirements for Admission; Location, Expenses, Board, Etc.; Credit; Courses of Study; Schedule of Work; Regular Session of the Department of Law of the University of Michigan; Departments of Literature Science, and the Arts, and of Medicine and Surgery; Courses of Free Lectures; Students Enrolled in 1907; Summary of Students.


Recent Legal Literature, Robert E. Bunker Mar 1908

Recent Legal Literature, Robert E. Bunker

Michigan Law Review

Sohm: The Institutes--A Textbook of the History and System of Roman Private Law; Childs: Handbook of the Law of Suretyship and Guaranty


Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion Mar 1908

Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion

Michigan Law Review

After having, in a summary manner, reviewed the historical connection existing between the Roman and Mohammedan laws, and examined the social condition of their respective people, we now come to our last theme, namely, the comparison of their laws proper, which will show their similarity in more than one point. This examination-which will be preceded by an explanation of jurisprudence in both systems and an attempt to show the likeness of their respective jurisconsults-will be limited to certain subjects of personal law and contracts, and concluded with a few observations on judicial organization.


Recent Legal Literature, Victor H. Lane, Joseph H. Drake Feb 1908

Recent Legal Literature, Victor H. Lane, Joseph H. Drake

Michigan Law Review

Van Dyne: a Treatise on the Law of Naturalization of the United States; Various: Select Essays in Anglo-american Legal History;


Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt Feb 1908

Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt

Michigan Law Review

The Proposed Code of Legal Ethics for the American Bar Association; The Power of a court of Equity to Order the Exhumation of a Dead Body for Examination in Aid of the Defense of a Civil Action at Law; The Consolidation of Municipal Corporations and the Federal Constitution; The Scalper in Law and in Equity; The Basis of Equitable Jurisdiction in Cases of Fraud;


Ignorance And Mistake In The Criminal Law, Edwin Roulette Keedy Jan 1908

Ignorance And Mistake In The Criminal Law, Edwin Roulette Keedy

Articles by Maurer Faculty

No abstract provided.


Notice To Or Knowledge Of An Agent, Floyd R. Mechem Jan 1908

Notice To Or Knowledge Of An Agent, Floyd R. Mechem

Articles

No abstract provided.


Recent Important Decisions, Michigan Law Review Jan 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …


Notice To, Or Knowledge Of, An Agent, Floyd R. Mechem Jan 1908

Notice To, Or Knowledge Of, An Agent, Floyd R. Mechem

Michigan Law Review

In general-the question frequently arises whether the principal may be affected not only by the agent's acts and contracts, but also by the knowledge which he may possess, or the notice which may come to him, respecting the subject matter of the agency, and which would have affected the principal had it come to him while he was acting in person. The question has arisen in a great variety of forms, but the answer has been substantially uniform, and is commonly found stated in the language of the following section. Many reasons have been assigned, but they are all predicated …


The Revolutionary Records Of The State Of Georgia, Vol. I, Alan D. Candler Jan 1908

The Revolutionary Records Of The State Of Georgia, Vol. I, Alan D. Candler

Historical Treatises

This compilation contains all authentic records and documents relating to. the Revolutionary period of Georgia history that the compiler has been able to find after a most careful, thorough and diligent search. While it is not presented as a complete compilation, it is believed that it contains most of the official records made during the period of which it treats, certainly all that are now in existence, and to supply the place of original papers not now in existence, well authenticated copies and extracts from contemporaneous publications have been utilized.


Surface Water In Cities, John R. Rood Jan 1908

Surface Water In Cities, John R. Rood

Articles

It is evident that no one hard and fast rule could be applied to all cases, either in city or country, without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …


Legal Education In The United States, Horace Lafayette Wilgus Jan 1908

Legal Education In The United States, Horace Lafayette Wilgus

Articles

The origin of law schools is lost in antiquity. It is probable there were advocates in Babylonia,1 and schools for the education of judges and scribes (perhaps the ancestral lawyers) in Egypt,2 more than 2000 years B.C. The Civil Code of Deuteronomy was published 621 B.C.,3 and soon afterward schools of the prophets were formed for its study.4 When Ezra left Babylon for Jerusalem (485 B.C.) he "set his heart * * * to teach in Jerusalem statutes and judgments,"5 and the ruins of his school could be seen by the law students at Husal, 500 years later.6 It is …


Roman Law And Mohammedan Jurisprudence, Part 2, Theodore P. Ion Jan 1908

Roman Law And Mohammedan Jurisprudence, Part 2, Theodore P. Ion

Michigan Law Review

In examining the early life of the Romans and comparing it with the social condition of the people of the Arabian peninsula in the pre-Islamic times, who are rightly considered the best type of the race, amongst those who embraced the faith of Mohammed, we are immediately struck with the great similarity that existed between the Roman gens; or the Greek ϒένος; and the Arabian Akila, though it cannot thereby be concluded that this likeness necessarily denotes a descent from the same stock. A distinguished French orientalist, in observing this striking similarity, ventured to conjecture that both …


Historical Lights From Judicial Decisions, Edward Cahill Jan 1908

Historical Lights From Judicial Decisions, Edward Cahill

Michigan Law Review

The history of a nation is to be looked for in a great variety of places. Its traditions, its public and private records, its religious and social orders, its literature and its laws, each yield copious results to the researches of the historian. The social, religious and economic conditions of a nation at any period of its history, the state of the· domestic relations, the rights of property and of succession, the growth of personal liberty, all these and many more find their accurate expression sooner or later, in the written or unwritten laws of the land. And the movement …


Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner Jan 1908

Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner

Michigan Law Review

The International Law Association and Its Last Meeting; The Extent to Which the Action of Medical Boards may be Controlled By Mandamus; The Effect Upon An Illegal marriage of Cohabitiation After the Removal of the Impediment;


The Position Of The Law Of Torts In The Spanish System, Clyde Alton Dewitt Dec 1907

The Position Of The Law Of Torts In The Spanish System, Clyde Alton Dewitt

Michigan Law Review

The penal and civil codes of Spain, together with its procedural codes, its commercial and notarial codes, and its mortgage law combine to form as highly developed a system of jurisprudence as that enjoyed by any of the civilized nations of today. Under it, the people of our insular possessions have carried on an extensive domestic and foreign commerce, and have developed an organized social and political life. Our government has adopted the commendable policy of interfering as little as possible with the local laws and institutions of the Philippines and Porto Rico, it being evident that any extensive attempt …


Recent Important Decisions, Michigan Law Review Nov 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Who is a "Child"; Agency--Ratification--Act Must Have Been Done as Agent--Trusts--Pretended Agent as Constructive Trustee; Bankruptcy--Assets--Commissions of Agent on Policies Written Prior to Adjudication; Bankruptcy--Property Held Under conditional Sale--Right to Reclaim; Banks and Banking--Usury Laws--Notes Purchased in Good Raith--Power of Congress to Regulate National Banks; Bills and Notes--Execution in Blank--Statutory Provisions; Constitutional Law--Inheritance Tax--due Process of Law; Contracts--Abandonment--Recovery;


Recent Legal Literature, Charles A. Kent, Joseph H. Drake Nov 1907

Recent Legal Literature, Charles A. Kent, Joseph H. Drake

Michigan Law Review

Brown: The Austinian Theory of Law; Schuster: the Principles of German Civil Law