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Thomas Mcintyre Cooley, Jerome C. Knowlton Jan 1907

Thomas Mcintyre Cooley, Jerome C. Knowlton

Articles

In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley and Benjamin F. Graves came from New York parentage and from New England stock. The three last named received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …


The Calvo And Drago Doctrines, Amos S. Hershey Jan 1907

The Calvo And Drago Doctrines, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.


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 …


The Japanese School Question And The Treaty-Making Power, Amos S. Hershey Jan 1907

The Japanese School Question And The Treaty-Making Power, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.


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 …


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 …


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.


Effect Of Foreign Chattel Mortages Upon The Rights Of Subsequent Purchasers And Creditors, Marion Griffin Mar 1906

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; …


Christian Science And Religious Liberty, Edward W. Dickey Feb 1906

Christian Science And Religious Liberty, Edward W. Dickey

Michigan Law Review

Prominent among the expressions of religious thought in this country in recent years is that of Christian Science. Its teaching in regard to the healing of disease without any material agencies has called forth many comments on the question of religious liberty. As it has attracted to it a large and ever increasing number of intelligent and law-abiding citizens, all over the country, and as there have been several efforts to partially or totally restrict its practice as a means of healing, by proscriptive legislation, we deem it proper to set forth, in a general way, some of the questions, …


Directory Of 1906 Law Class Jan 1906

Directory Of 1906 Law Class

Yearbooks & Class Year Publications

Third edition of the directory of the Law Class of 1906. Published 1926.


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

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;


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

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 …


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. House Of Representatives. Jan 1906

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The Senate Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. Senate. Jan 1906

Journal Of The Senate Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Are A Knowledge Of An Offer And Intent To Accept Essential To The Recovery Of A Reward Offered?, Hugh Evander Willis Jan 1906

Are A Knowledge Of An Offer And Intent To Accept Essential To The Recovery Of A Reward Offered?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


War Arbitration And Peace, William Perry Rogers Dec 1905

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 Dec 1905

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 …


Consideration V Causa In Roman-American Law, Joseph H. Drake Nov 1905

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 …


Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus Nov 1905

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


Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson Jun 1905

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson

St. Mary's Law Journal

This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …


Community Entitled To Reimbursement For Enchanced Value Of Separately Owned Corporate Stock., Gregory L. Watkins Jun 1905

Community Entitled To Reimbursement For Enchanced Value Of Separately Owned Corporate Stock., Gregory L. Watkins

St. Mary's Law Journal

Abstract Forthcoming.


The 1983 Revision Of The Texas Mental Health Code., George E. Dix Jun 1905

The 1983 Revision Of The Texas Mental Health Code., George E. Dix

St. Mary's Law Journal

Abstract Forthcoming.


Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee Jun 1905

Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee

St. Mary's Law Journal

Abstract Forthcoming.


Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn Jun 1905

Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn

St. Mary's Law Journal

Abstract Forthcoming.


State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht Jun 1905

State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht

St. Mary's Law Journal

Abstract Forthcoming.


Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius Jun 1905

Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius

St. Mary's Law Journal

Instead of continuing down the path of confusing, contradictory, and inconsistent nonestablishment clause decisions, the Court should opt for a new approach—benign neutrality. The Court currently follows one of three general approaches when deciding nonestablishment clause issues—Wall of Separation theory, Strict Neutrality theory, or the Accommodation theory. None of these three approaches has led to any clear standards or principles. The Wall of Separation theory has been argued to be the most historically accurate representation of the Framer’s intent, but that is inaccurate. Instead, the Framers pursued religious freedom instead of complete separation in order to partially avoid usurpation by …


The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau Jun 1905

The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau

St. Mary's Law Journal

Providing for probate court jurisdiction to accommodate all types of probate issues would lead to a more efficient probate system in terms of cost, time, and judicial economy. However, the constitutional and statutory constraints establish serious limits on probate jurisdiction. The 1973 legislature adopted a major revision to section 5 of the Probate Code to simplify and clarify probate jurisdiction by reorganizing the probate court system. In the four subsequent revisions to section 5 of the Probate Code, the issue of whether to distinguish the phrases “appertaining to an estate” and “incident to an estate” arose. These subsequent amendments continued …


An Employer Has A Duty As A Reasonably Prudent Employer To Exercise Control Over An Intoxicated Employee In Order To Prevent Unreasonable Risk Of Harm To Others., M. Jennifer Osment Jun 1905

An Employer Has A Duty As A Reasonably Prudent Employer To Exercise Control Over An Intoxicated Employee In Order To Prevent Unreasonable Risk Of Harm To Others., M. Jennifer Osment

St. Mary's Law Journal

Abstract Forthcoming.


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.