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Duration And Termination Of An Offer, Herman Oliphant Jan 1920

Duration And Termination Of An Offer, Herman Oliphant

Michigan Law Review

Professor Williston has recently pointed out' the change which the law of the formation of simple contracts underwent during the first century of its development. The change is fundamental. Originally the courts thought of a simple contract as involving an actual concurrence of the minds of the parties. Gradually this conception was supplanted by the notion that the objective and not the subjective state of mind of the parties is controlling. Where the actual state of mind differs from the apparent state of mind, the former must be ignored and, whenever they happen to be identical, it may be ignored …

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Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner Jan 1920

Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner

Michigan Law Review

Just as the war has educated the public in geography, so the question of amending the organic law of the country has stimulated discussion concerning our own legal and political institutions. The amendments providing for the direct election of senators and for federal power to levy an income tax attracted little attention compared with the sudden interest in legal questions which the so-called prohibition amendment has aroused, for it touches upon a matter of very intimate personal concern to many people and one over which very heated controversies have raged. Matters involving, or which are made to involve, moral issues …

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Note And Comment, Edwin C. Goddard, Louis Kawin, Robert G. Day Jan 1920

Note And Comment, Edwin C. Goddard, Louis Kawin, Robert G. Day

Michigan Law Review

Escheat - How State Acquires Title - Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [Igo1] i Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our'alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat …

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Recent Important Decisions, Michigan Law Review Jan 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement - Liability of Notary - Where the defendant, a notary, certified that certain impersonators of the grantors were known to him, and that they were the persons who executed the deeds, and the plaintiff who accepted the deeds as security for a loan in reliance upon the certificate of the notary was defrauded, held, the defendant was guilty of negligence and must respond in damages for not fulfilling the requirements of Sec. i185 of the Civil Code: that "the acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the …

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Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake Jan 1920

Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake

Michigan Law Review

Among all the writings that have appeared on the problem of preserving the order of world society, the most searching and the most illuminating is Hart's Bulwarks of Peace. Particularly in connection with any consideration of the plan of the Paris Covenant of the League of Nations, it compellingly arrests attention.

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Front Matter, Michigan Law Review Jan 1920

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 18, Issue 5 of Michigan Law Review.

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Doctrine Of Bad Faith In The Law Of Negotiable Instruments, George W. Rightmire Jan 1920

Doctrine Of Bad Faith In The Law Of Negotiable Instruments, George W. Rightmire

Michigan Law Review

This rule is now enacted in all but two of the states of the United States; the history of its development and of its application since it became undisputed is well illustrative of the process of the common law system, and this discussion is undertaken for the purpose of discovering the general principles which a trial court should have in mind when charging a jury in a case involving the application of this doctrine.

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Copyright And Morals, Edward S. Rogers Jan 1920

Copyright And Morals, Edward S. Rogers

Michigan Law Review

The basis for national copyright legislation in this country is Article I, Section 8 of the Constitution: "The Congress shall have power * * * to promote the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries."

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Recent Important Decisions, Michigan Law Review Jan 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Abatement and Revival - Pendency of Another Action Ground for Dismissal - Plaintiff brought an action in B county to recover damages as the result of a collision between his truck and defendants automobile. The defendant had previously brought an action in P county, where he resided, against the plaintiff, for damages arising out of the same collision, which action was pending when the latter was begun. Defendant filed a plea setting up the pendency of his own action in P county and moved to dismiss plaintiff's action. Motion denied. Defendant appealed. Held, the action should have been dismissed. Allen …

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Book Reviews, Henry M. Bates, Ernest F. Lloyd Jan 1920

Book Reviews, Henry M. Bates, Ernest F. Lloyd

Michigan Law Review

Constitutional Power and World Affairs, Columbia University Lectures, on the George Blumenthal Foundation, for i918, by George Sutherland. New York, Columbia University Press, 1019, pp. vii, 202. This book is one of the most interesting and thoughtful commentaries on certain phases of our Constitution which has appeared in many years. During his two terms in the United States Senate Mr. Sutherland came to be recognized as one of the ablest constitutional lawyers of the country, and his retirement in 1917 was a distinct loss to our public life. The present book is the product not only of exact, scholarly study …

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Tyranny Of The Taxing Power, Andrew A. Bruce Jan 1920

Tyranny Of The Taxing Power, Andrew A. Bruce

Michigan Law Review

It has been frequently stated that our constitutions and our courts were made and organized for the protection of capital and of the vested interests. If this be the case, they are manifestly inadequate for their purpose, and the danger of the future is not that capital will be too much protected but that the reckless extravagance of today will continue and be increased, and that our representatives in our city councils, our state legislatures, and our national congress, who depend for their elections upon the votes of the majority who have accumulated little or nothing, will more and more …

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Note And Comment, Arvid B. Tanner, Edson R. Sunderland, Edwin D. Dickinson, Ben B. Matthews, Lewis H. Mattern Jan 1920

Note And Comment, Arvid B. Tanner, Edson R. Sunderland, Edwin D. Dickinson, Ben B. Matthews, Lewis H. Mattern

Michigan Law Review

Willard Titus Barbour.- Legal scholarship in America suffered a grievous loss in the death of Willard T. Barbour, Charles F. Southmayd Professor of Law in the Yale Law School on March 2, 1920. Indeed it is not too much to say that his loss will be felt wherever the English Common Law holds its sway, for he had dipped deep into the obscured origins of Equity Jurisdiction during his study at Oxford and in London, and was but at the beginning of a series of studies and lectures which would ultimately have developed into a comprehensive book, throwing light not …

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Note And Comment, Horace Lafayette Wilgus, Joseph H. Drake, Lester E. Waterbury, Louis Kawin, Ralph W. Aigler, Rolla L. Carpenter Jan 1920

Note And Comment, Horace Lafayette Wilgus, Joseph H. Drake, Lester E. Waterbury, Louis Kawin, Ralph W. Aigler, Rolla L. Carpenter

Michigan Law Review

Liability of Manufacturer to Remote Vendee for Defective Automobile Wheel - Plaintiff. in February. 19O. purchased from the Utica Motor Car Company, a Cadillac six-passenger touring car, manufactured by the Cadillac Motor Car Company, of Michigan. The Utica company was a dealer in motor cars, and purchased to resell; it was the original vendee, and the plaintiff was the sub-vendee.

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A Nonpartisan Judiciary, Charles Kerr Jan 1920

A Nonpartisan Judiciary, Charles Kerr

Kentucky Law Journal

No abstract provided.

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Divorce Evils And The Remedy, W. T. Lafferty Jan 1920

Divorce Evils And The Remedy, W. T. Lafferty

Kentucky Law Journal

No abstract provided.

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Property In Oil And Gas, W. L. Summers Jan 1920

Property In Oil And Gas, W. L. Summers

Kentucky Law Journal

No abstract provided.

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When Does An Injury Arise Out Of And In The Course Of Employment, Under The Workmen's Compensation Law?, George W. Goble Jan 1920

When Does An Injury Arise Out Of And In The Course Of Employment, Under The Workmen's Compensation Law?, George W. Goble

Kentucky Law Journal

No abstract provided.

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The Teaching Of Law At Oxford, W. S. Hamilton Jan 1920

The Teaching Of Law At Oxford, W. S. Hamilton

Kentucky Law Journal

No abstract provided.

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Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume One, Kentucky. General Assembly. Senate. Jan 1920

Journal Of The Senate Of The Commonwealth Of Kentucky, 1920, Volume One, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1920 term. This volume covers January 6, 1920 to March 2, 1920.

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Constitutional Changes In Eminent Domain In Illinois, William E. Britton Jan 1920

Constitutional Changes In Eminent Domain In Illinois, William E. Britton

Articles by Maurer Faculty

The purpose of this article is (1) to review the constitutional changed that have taken place in 'the law of eminent domain in Illinois; (2) to discuss the proposals which have been introduced in the present Constitutional Convention; and (3) to indicate some of the more important constitutional changed which, in recent years, have occurred in other states.

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A Plan For The Reform Of Legal Procedure, Hugh Evander Willis Jan 1920

A Plan For The Reform Of Legal Procedure, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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The Rationale Of Agency, Warren A. Seavey Jan 1920

The Rationale Of Agency, Warren A. Seavey

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat Jan 1920

Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat

Journal Articles

This paper was read before The Round Table of South Bend, Indiana, and before the classes in constitutional law prior to the rendition of the decision by the United States Supreme Court, sustaining the Conscription Act. The paper is here presented in its original form, by request, on account of its controversial character and legal-brief style, the subject-matter of constitutional law and war powers being ever new to students of the law.

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Salutation, Francis Joseph Vurpillat Jan 1920

Salutation, Francis Joseph Vurpillat

Journal Articles

Francis J. Vurpillat, '91, editor-in-chief on the faculty board for the new student publication The Notre Dame Law Reporter, encourages the alumni be supportive.

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Recent Important Decisions, Michigan Law Review Dec 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks and Banking - Negotiable Instruments - Indorsement of Forged Check - Plaintiff, nowing that the one who signed the drawer's name was not the drawer herself, but not knowing further of signer's lack of authority, presented a check drawn on defendant bank in which bank the supposed drawer had an account but not sufficient to cover the check. The check was payable to plaintiff and indorsed by him and was placed to his credit in the bank. After discovering the forgery defendant charged tle check to plaintiff's account. Plaintiff objected to such charge. Held, that the defendant might repudiate …

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Roman Law In Modern Life And Education, Joseph H. Drake Dec 1919

Roman Law In Modern Life And Education, Joseph H. Drake

Articles

"This discussion might be entitled, an experiment in classical education and how it failed... It is in a way an Apologia pro Mea Vita Paedagogica. The excess of ego dixi et meus filius respondit in it may, therefore, perhaps be pardoned by a confession at the outset that it is an account of failure on the part of the speaker to solve a troublesome pedagogical question and a very satisfactory solution of the same problem by one of his colleagues in the Latin Department."

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Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers Dec 1919

Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers

Michigan Law Review

iew in June, 1910, entitled, "The Unwary Purchaser, A Study in the Psychology of Trademark Infringement".

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Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith Dec 1919

Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith

Michigan Law Review

Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?

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Extension Of Liability Of Abstracters, Harry R. Trusler Dec 1919

Extension Of Liability Of Abstracters, Harry R. Trusler

Michigan Law Review

The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."

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Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus Dec 1919

Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus

Michigan Law Review

Effect at the Situs Rei of a Decree Ordering Conveyance of Foreign Land - In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it w9uld a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union. the "full faith …

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