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Recent Important Decisions, Michigan Law Review Jun 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks, National--Stockholders' Liability--Statute of Limitations; Bills and Notes--Indorsements Procured by Fraud; Carriers--Drover's pass--Release from Liability; Carriers--Unreasonable Freight Rates--Interstate Commerce Act--Common Law Remedy; Chattel Mortgages--Failure to Record--Mortgagor in Possession--Estoppel; Connecting Carriers--Loss of Goods--Liability; Constitutional Law--Civil Rights--Discrimination in Licenses; Constitutional Law--Eight Hour Law--Police Power--Health Regulations; Corporations--Duplicate Stock Certificate--Indemnity; Corporations--Subscription to Stock--Liability of Subscriber; Equity--Specific Performance--Contract to Make Will; Evidence--Physicians of conflicting Schools--Competency as Witnesses; Evidence--Radiograph--X-ray; Garnishment--One Railroad as Debtor of Another; Husband and Wife--Application of Doctrine of Tenancy by Entireties to Personality; Husband and Wife--Indebtedness to Wife--Notes--Presumption of Payment; Judgment--Default--appearance; Libel--Publishing of a White Man that He is "Colored"; Master and Servant--Concurrent …


Liability Of Water Companies For Fire Losses Another View, Albert Martin Kales May 1905

Liability Of Water Companies For Fire Losses Another View, Albert Martin Kales

Michigan Law Review

In the Superior Court of Cook County, Illinois, before Judge Arthur H. Frost, there was recently presented in substance this case: A private corporation furnishing water to a municipality for fire protection had contracted with the town, in consideration of certain fire hydrant rentals, to keep at all times a pressure of water of at least thirty-five pounds per square inch on the water pipes connected with said fire hydrants, and, in case of a fire, to increase, at once, the pressure to forty pounds per square inch. A fire occurred. It was assumed that the water company had notice …


Marriage And Divorce In State And Church, Benjamin Brewster May 1905

Marriage And Divorce In State And Church, Benjamin Brewster

Michigan Law Review

When, in 1831, the French philosopher De Tocqueville visited America, he was impressed with the stability of the marriage relation. In his great work, "Democracy in America," he thus sums up the results of his observations: "There is certainly no country in the world where the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appreciated." And this acute and discerning reasoner makes a further reflection, from his stand-point as one interested in the maintenance of order and stability in the state: "Agitated by the tumultuous passions which frequently disturb …


Note And Comment, Michigan Law Review May 1905

Note And Comment, Michigan Law Review

Michigan Law Review

A Lesson in Patriotism from Pennsylvania; The Effect of a Motion by Each Party for a Directed Verdict; The Right of Privacy; Mutual Mistake as to the Quantity of Land Conveyed; The Privilege; Riparian Owner's Title to Contiguous Islands;


Recent Legal Literature, Edson R. Sunderland May 1905

Recent Legal Literature, Edson R. Sunderland

Michigan Law Review

Taylor: Jurisdiction and Procedure of the Supreme Court of the United States; The American State Reports, and Green: Digest of the Decisions of the Courts of last resort of the several states from 1887 to 1904, contained in the American State Reports, Vols. 1 to 96, inclusive, and of the notes to the cases reported therein, and Torbert: Table of Cases alphabetically arranged as to the several states in the American Decisions, 100 vols., American Reports, 60 vols., American State Reports, 100 vols.,showing the cases to which notes are appended, also what cases in these …


Recent Important Decisions, Michigan Law Review May 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …


University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School Apr 1905

University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1905-1906; 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.


Recent Important Decisions, Michigan Law Review Apr 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Equity Decree in Support of; Bankruptcy--Attachment--Sheriff's Fees; Bankruptcy--title of Trustee--Validity and Preservation of Liens; Bills and Notes--Discharge of Endorser of Check--Waiver; Bills and notes--Indorsement of Payee Forged by Drawer--Recovery by Drawee; Constitutional law--Equal Protection of the Laws--master and Servant--Railroad Fellow Servants' Act; Corporate Stock--Statute Requiring Registration of Transfer--Attachment; Criminal law--Evidence--confidential Communications--Letters from Accused to Wife; Dead body--Action for Mutilation; Deeds--Delivery--Estoppel; Deeds--Fraudulent Conveyance--bona Fide Purchaser from Fraudulent Grantee; Domicil--Election--Residence and Intention; Ejectiment--By Railroad Company for Right of Way; Equity--navigable Waters--Obstruction--Special Injury; Equity--Personal Trespass--Injunction; Foreign Corporations--Failure to Comply with Laws--Effect on Contracts; Judicial Officer--Liability of Inferior Judicial Officer Acting Under a Void …


University Of Michigan University Bulletin, New Series Vol. Vi No. 4 March 1905 Summer Session Department Of Law Eleventh Annual Announcement, University Of Michigan Law School Mar 1905

University Of Michigan University Bulletin, New Series Vol. Vi No. 4 March 1905 Summer Session Department Of Law Eleventh Annual Announcement, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Faculty of the Summer Session; 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 1904; Summary of Students.


United States Department Of Justice, John A. Fairlie Mar 1905

United States Department Of Justice, John A. Fairlie

Michigan Law Review

The Department of Justice has been developed from the English office of Attorney-General, with important features added in the course of American experience. As early as the reign of Edward I, almost contemporaneous with the appearance of a special legal profession in England, we find Crown Attorneys (Attornati Regis) employed for guarding the royal privileges in the courts. By the time of Edward IV the official title of Attorney-General appears for the first time. A little later, as the distinction between barristers and solicitors became established, the Crown lawyers are distinguished as the King's Attorney and the King's Solicitor. These …


Ecclsiastical Jurisdiction In England, Edwin Maxley Mar 1905

Ecclsiastical Jurisdiction In England, Edwin Maxley

Michigan Law Review

Previous to the invasion of William the Conqueror the ecclesiastical jurisdiction in England was not at all clearly defined. Under the protection, and, as protection implies jurisdiction, under the jurisdiction of the bishops were the following: sacred persons and sacred things. Among the former were included men in orders, monks and nuns; and among the latter: churches and church-yards, books and furniture of churches, sacraments, ecclesiastical and marital rituals. So far as can be found, there were not at that time any separate ecclesiastical courts. The bishops, with the assistance of archdeacons and deans, exercised their ecclesiastical jurisdiction through the …


Note And Comment, Michigan Law Review Mar 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Federal Safety Appliance Act as a Regulation of Interstate Commerce; Liability of Christian Science Healer for Negligence and Deceit; Iowa and the Rule in Shelley's Case; Are Conditions Imposed by the Vendor of Chattels Binding on Subsequent Purchasers? Necessity for the Personal Presence of the Accused Upon Arraignment; Unconstitutional Aids to Local Industries; Damages for Mental Suffering Unaccompanied by Physical Injury


Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Gustav Stein, Horace Lafayette Wilgus Feb 1905

Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Gustav Stein, Horace Lafayette Wilgus

Michigan Law Review

Bodington: An Outline of the French Law of Evidence; Tompkins: A Summary of the Law of Private Corporations and Cases on Corporations, prepared for use of Students in the University Law School (2nd ed.); Pollock: The Expansion of the Common Law; Parker: Where and How, A Handbook of Incorporation


The Abuse Of New Trials, Everett P. Wheeler Feb 1905

The Abuse Of New Trials, Everett P. Wheeler

Michigan Law Review

It would seem a truism to state that the object of courts of justice is to do justice between the parties. Theoretically, for the purpose of promoting this object, a revision is allowed of the proceedings of the court of first instance. This is sometimes had before the full court sitting in bane, and sometimes before an appellate tribunal. But the experience of every lawyer who has much to do with the actual trial of cases and the argument of appeals, is that the decision of the appellate tribunal very often turns, not upon the merits of the case, but …


Practical Suggestions On Codifying The Law Of Warehouse Receipts, Francis B. James Feb 1905

Practical Suggestions On Codifying The Law Of Warehouse Receipts, Francis B. James

Michigan Law Review

Of one hundred and sixty national commercial organizations in the United States, the American Bankers' Association and the American Warehousemen's Association have manifested the deepest interest and cooperation in improving the commercial law and making it uniform. It will be superfluous to discuss the wisdom of and necessity for codifying the law of warehouse receipts and making that law uniform throughout the United States, because the American Warehousemen's Association has already placed itself on record on these questions and appropriated fifteen hundred dollars and The Conference of Commissioners on Uniform State Laws has employed Mr. Barry Mohun of the Washington …


Recent Important Decisions, Michigan Law Review Feb 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--alliams Writ--Collateral Attack; Attorneys--disbarment--Malfeasance in Office; Chattel Mortgages--Liability of Mortgagee for Selling More Property than Enough to Satisfy Debt; Conflict of Laws--Comity--Extraterritorial Effect of Laws; Constitutional Law--due Process of Law--Restraint of Insane Persons--Habeas Corpus; Constitutional Law--Eight-Hour Haw--Public contracts; Contempt--Libel of Court; Contract--Construction--Damages; Corporations--Fraud of Directors--Rights of Stockholders; Criminal Law--Habeas Corpus--Waver of Objections as to the Legality of Trial Court; Criminal Procedure--Bill of Exceptions--Presumption as to Evidence; Deeds--In Consideration of Support--Condition Subsequent--Charge Upon Land; Divorce--Alimony--Payment After Husband's Death; Elections--Conduct of Special Elections--Preparation of Ballots; Evidence--constitutional Law--Privilege--Witness; Evidence--Presumption--Suicide; Garnishment--Interests in Expectancy; Husband and Wife--Conveyance to Avoid Taxation--Trusts; Injunction--Parties--Contempt; Insurance, Fire--"Iron Safe" Clause--Waiver; …


Rhode Island Court And Practice Act Part 1 (I-176) Jan 1905

Rhode Island Court And Practice Act Part 1 (I-176)

Library Archive

Part 1 (i-176): An act revising the judicial system of the state to conform to Article XII of Amendments to the Constitution.


Rhode Island Court And Practice Act Part 2 (177-403) Jan 1905

Rhode Island Court And Practice Act Part 2 (177-403)

Library Archive

Part 2 (177-403): An act revising the judicial system of the state to conform to Article XII of Amendments to the Constitution.


Rhode Island Court And Practice Act Part 3 (404-576) Jan 1905

Rhode Island Court And Practice Act Part 3 (404-576)

Library Archive

Part 3 (404-576): An act revising the judicial system of the state to conform to Article XII of Amendments to the Constitution.


The Laws Of Jamaica, 1905, Jamaica Jan 1905

The Laws Of Jamaica, 1905, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1905

Published by authority


Effect Of Ratification As Between The Principal And The Other Party, Floyd R. Mechem Jan 1905

Effect Of Ratification As Between The Principal And The Other Party, Floyd R. Mechem

Articles

No abstract provided.


A Treatise On The Powers And Duties Of The Justices Of The Peace In The State Of Michigan, Under Chapter Ninety-Three Of The Revised Statutes Of 1846, Being Chapter Thirty-Four Of The Compiled Laws Of 1897; With Practical Forms And An Appendix Containing The Justice Court Acts Of Those Cities Having Provisions Differing Materially From The General Justice Court Act., Alexander R. Tiffany, Victor H. Lane Jan 1905

A Treatise On The Powers And Duties Of The Justices Of The Peace In The State Of Michigan, Under Chapter Ninety-Three Of The Revised Statutes Of 1846, Being Chapter Thirty-Four Of The Compiled Laws Of 1897; With Practical Forms And An Appendix Containing The Justice Court Acts Of Those Cities Having Provisions Differing Materially From The General Justice Court Act., Alexander R. Tiffany, Victor H. Lane

Books

“Judge Alexander R. Tiffany, its author, put out the first edition of this work in 1849. In the years 1851, 1858 and 1866, he put out the second, third and fourth editions, respectively. The fifth edition was published in 1873 with Judge Andrew Howell as its editor and he edited the succeeding editions to the ninth inclusive ….

“The editorship of the present edition has been undertaken at the request of the family of Judge Tiffany, and while the editor is persuaded that better can be done, yet it is hoped that the present edition may share the favor so …


The Negotiable Instruments Law With Annotations, Robert E. Bunker Jan 1905

The Negotiable Instruments Law With Annotations, Robert E. Bunker

Books

"The Negotiable Instruments Law was enacted by the Legislature of Michigan at its 1905 session and on this 16th day of September, 1905, becomes a law of the State.

Soon after the approval of the Act -- June 16, 1905, -- I undertook the work of annotating the statute and of explaining its origin, scope and purpose in such particulars as seemed to invite explanation....

I submit the result of my work -- undertaken in the hope that it might help the profession and the bankers and the business men in dealing with this statute -- to all who may …


Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland Jan 1905

Warming Up To Climate Change Risk Disclosure, Jeffrey M. Mcfarland

Fordham Journal of Corporate & Financial Law

Investors are clamoring for companies to include more climate change risk disclosure in their periodic reports filed with the Securities and Exchange Commission (SEC). Yet public companies in the United States do a poor job of disclosing to investors how climate change affects their businesses. Although there have been several proposals for more voluntary disclosure of these risks and one petition for guidance from the SEC, these proposals are not effecting changes in disclosure practices quickly enough. This Article builds on existing proposals to create guidelines for mandatory climate change risk disclosure in periodic securities filings. The guidelines seek to …


Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis Jan 1905

Growth Of The Power Of Contract In The History Of The Liability Of Common Carriers, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


The Power Of The Senate To Amend A Treaty, Bradley M. Thompson Jan 1905

The Power Of The Senate To Amend A Treaty, Bradley M. Thompson

Articles

The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.


The Power Of The Senate To Amend A Treaty, Bradley M. Thompson Jan 1905

The Power Of The Senate To Amend A Treaty, Bradley M. Thompson

Articles

The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.


Statute Of Uses And The Modern Deed, John R. Rood Jan 1905

Statute Of Uses And The Modern Deed, John R. Rood

Articles

To what extent does the modem conveyance of estates in land in the United States by deed derive its validity from the English Statute of Uses, 27 Hen. 8, c. IO? No doubt the student, and especially the teacher, is inclined to magnify the importance of mere matters of history, because it is so much easier to understand or explain many of the terms and doctrines of real property law by approaching them historically, and, indeed, many of them cannot otherwise be understood at all. And yet we all have this constant, serious, and often difficult task, of separating matter …


Exit Of Doctrine Of Situs, John R. Rood Jan 1905

Exit Of Doctrine Of Situs, John R. Rood

Articles

A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States. Justices Harlan and Day dissented, and yet there is little danger that the question will again be opened; and in view of the conclusion reached, all lovers of plain, simple justice will rejoice that at last that disturber of peace and worker of iniquity in the commercial world has been deprived of its power to make the honest debtor …


Exit Of Doctrine Of Situs, John R. Rood Jan 1905

Exit Of Doctrine Of Situs, John R. Rood

Articles

A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States.