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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.


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.


Front Matter Jan 1907

Front Matter

Michigan Law Review

Front Matter for the Michigan Law Review Vol 5 (1906-1907)


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 …


Revision Of The Laws Of The United States, Everett P. Wheeler Jan 1907

Revision Of The Laws Of The United States, Everett P. Wheeler

Michigan Law Review

June 22, 1874, President Grant put his signature to a great quarto volume which we know as the United States Revised Statutes. This has since been amended, and many additions have been made to the general laws of the United States which have not been incorporated in the Revised Statutes. These are scattered through the Statutes at Large, mingled with many temporary provisions. To convert this chaos into order, Congress in 1897 created a Commission to revise the Criminal and Penal Laws of the United States. In 1899 the duties of this Commission were extended to a revision of the …


Recent Legal Literature, Jerome C. Knowlton, Horace Lafayette Wilgus, Henry M. Bates, Robert E. Bunker Jan 1907

Recent Legal Literature, Jerome C. Knowlton, Horace Lafayette Wilgus, Henry M. Bates, Robert E. Bunker

Michigan Law Review

Anson: Principles of the English Law of Contract; Heseltine: A Digest of the Law of Trade-Marks and Unfair Trade; Abbott: A Treatise on the Law of Municipal Corporations; Alderson: A Practical Treatise on the Law of Receivers as applicable to Individuals, Partnerships and Corporations, with extended consideration of receivers of railways and in proceedings in bankruptcy


Hearings Before The (Joint) Committees On Patents, December 7-11, 1906, United States Congress Dec 1906

Hearings Before The (Joint) Committees On Patents, December 7-11, 1906, United States Congress

Legislative History – Copyright Act of 1909

Text of S. 6330 and H.R. 19853

Page 116-7

STATEMENT OF MR. SAMUEL L. CLEMENS:

Necessarily I am interested particularly and especially in the part of the bill which concerns my trade. I like that bill, and I like that extension from the present limit of copyright life of forty-two years to the author's life and fifty years after. I think that will satisfy any reasonable author, because it will take care of his children. … I should like to have you encourage oyster culture and anything else. I have no illiberal feeling toward the bill. I like it. I …


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 …


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


Function Of The State University Law School, Andrew Alexander Bruce Nov 1906

Function Of The State University Law School, Andrew Alexander Bruce

Michigan Law Review

It is only where there is law that there is liberty, and where there is law there must be lawyers. In the countries where the lawyers are the fewest liberty is at the lowest ebb, an the dignity of the individual least regarded. Even if the modern industrial system should undergo a change, and the dream of the socialist were to be fulfilled, there would still be a demand for the legal arbiter, interpreter and counsellor, for socialism in its last analysis is merely a system under which human conduct and activity is everywhere sought to be controlled and regulated …


Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter Nov 1906

Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter

Michigan Law Review

I. To. United States Courts. 2. To State Courts. 3. To Military Courts. General Principles of Amenability-Courts and text writers not unfrequently enunciate as a general principle that military authority is subordinate to civil law. Accepted literally, the broad statement can be sustained by neither law nor precedent. The federal constitution provides for three kinds of military jurisdiction: (a) That known as Military Law, designed to be exercised both in time of peace and war and acquiring its authenticity from the acts of Congress prescribing army regulations and the rules and articles of war, as well as from the established …


Recent Important Decisions, Michigan Law Review Nov 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--"Mining" includes Quarrying; Bankruptcy--Persons Entitled to Oppose Discharge; Banks and Banking--Right of Drawer of Check to Stop its Payment; Bills and Notes--Trustees for Benefit of Creditors as Holders in Due course--Pre-Existing Debt Constitutes Value; Building Contracts--Provisions for Extra Work--Powers of Architect; Common Carriers--Delay Co-Operating with Act of God; Contracts--When a Breach on the Part of One party to a Contract Entitles the Other to Rescind; Criminal Law--Former Jeopardy; Damages--Recovery for Gratuitous Services; Deeds--Estate Granted--Conflict Between the Habendum and the Granting Clauses; Equity--Wills--Precatory Trust; Foreign Corporations--Statute Revoking License on Removal of a Cause to Federal Court; Husband and Wife--Purchase by Wife …


Hearings Before The (Joint) Committees On Patents, June 6-9, 1906, United States Congress Jun 1906

Hearings Before The (Joint) Committees On Patents, June 6-9, 1906, United States Congress

Legislative History – Copyright Act of 1909

S. 6330 Proposed Text

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the copyright secured by this Act shall include the sole and exclusive right:

(a) For the purposes set forth in subsection (b) hereof, to make.any copy of any work or part thereof the subject of copyright under the provisions of this Act, or to abridge, adapt, or translate into another language or dialect any such work, or make any other version thereof;

(b) To sell, distribute, exhibit, or let for hire, or offer or keep for …


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;


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 …


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 …


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


Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman May 1906

Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman

Michigan Law Review

Is a Divorce Granted Where One Only of the Parties is domiciled Entitled to Full Faith and Credit?; Laibiltiy of Water Companies for Fire Losses; Diversion of Subterranean Percolating Waters; Women as Notaries Public;


Recent Important Decisions, Michigan Law Review May 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …


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


Letter Of April 17, 1906 From Register Of Copyrights Concerning Importation Clause Of Proposed Copyright Bill, United States Congress Apr 1906

Letter Of April 17, 1906 From Register Of Copyrights Concerning Importation Clause Of Proposed Copyright Bill, United States Congress

Legislative History – Copyright Act of 1909

The enclosed copy of the importation clauses of the proposed Copyright bill, is sent to each member of the American Library Association at the request of the Executive Board and of Messrs. Hill and Bostwick, delegates of the Association at the recent conferences on Copyright.

The passages embraced in marginal lines are those supposed to be of particular concern to libraries.


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 …


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 …


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;


Recent Important Decisions, Michigan Law Reivew Apr 1906

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 Apr 1906

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


Stenographic Report Of The Proceedings Of The Librarian's Conference On Copyright, 3d Session, At Library Of Congress, Washington, D. C., March 13-16, 1906, United States Congress Mar 1906

Stenographic Report Of The Proceedings Of The Librarian's Conference On Copyright, 3d Session, At Library Of Congress, Washington, D. C., March 13-16, 1906, United States Congress

Legislative History – Copyright Act of 1909

A preliminary draft of a proposed bill for the amendment and consolidation of the copyright law was submitted as a basis for discussion to the Conference on Copyright held at the call of the Librarian of Congress, in New York, on November 1 - 4, 1905, succeeding a previous one held May 31 - June 2, 1905. Some fifty persons were present, mainly representatives of associated interests concerned in copyright legislation. A lively interest was manifested, unanimity of opinion expressed as to the need for amended legislation, and valuable suggestions advanced. Many of these suggestions, together with others since transmitted, …


University Of Michigan University Bulletin, New Series Vol. Vii, No. 5 March 1906, Summer Session Department Of Law Twelfth Annual Announcement, University Of Michigan Law School Mar 1906

University Of Michigan University Bulletin, New Series Vol. Vii, No. 5 March 1906, Summer Session Department Of Law Twelfth Annual Announcement, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Faculty of the Summer Session of the Department of Law; Summer Session of the Department of Law; Regular Session of the Department of Law of the University of Michigan; Departments of Literature, Science, and the Arts and of Medicine and Surgery; Students Enrolled in 1905; Summary of Students.


Extra-Territorial Jurisdiction In China, Gustavus Ohlinger Mar 1906

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 …


Note And Comment, Henry M. Bates, Harry B. Hutchins, Ralph E. Jenney, Charles L. Dribble, Charles H. L'Hommedieu Mar 1906

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