Digital Commons Network^™

Pleading, Edson R. Sunderland

Book Chapters

Professor Sunderland's 780-page chapter on Pleadings: "Pleadings are statements, in logical and legal form, of causes of action and grounds of defense, terminating in a single proposition affirmed on one side and denied on the other. They are intended to form the foundation of the proof to be submitted on the trial, and should advise the parties to an action what the opposite party relies upon either as a cause of action or defense or objection as the case may be." Preceded by a 41-page outline.

1909 Arbutus (Law School Pages), Indiana University Senior Class

Arbutus (Yearbook)

Pages from the IU Arbutus that relate to the Law School.

Included are:

• A list of the Senior Class Officers
• A photograph of Phi Delta Phi (Legal Fraternity)
• A photograph of the Reinhard Club
• A brief history of the Law School
• A humor piece titled "Not Guilty: A True Fish Story of a Real Fish Tail" by Lewis A. Harding

The Federal And State Constitutions, Colonial Charters, And Other Organic Laws Of The States, Territories, And Colonies Now Or Heretofore The United States Of America

Selected Books and Theses

No abstract provided.

The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake

Articles

The general subject of wills upon consideration seems to have given courts and jurists a good deal of trouble, not only in England and America, but also in the continental countries. The Code Napoleon appears in terms actually to prohibit the making of reciprocal or mutual wills in the same instrument.

The Kansas 'Manhattan Cocktail Case' And Some Others Concerning Judicial Notice, James H. Brewster

Articles

Some anti-prohibitionists may think they have an "eye-opener" in the recent Kansas decision that judicial notice will be taken of the intoxicating properties of a Manhattan cocktail: State v. Pigg, 97 Pac. 859.

A New Development In Legal Education, Charles M. Hepburn

Articles by Maurer Faculty

The inauguration of the American Institute of Law promises a very important advance into new fields of legal education. The movement was started some months ago by the American Law Book Company. Encouraged be the success of its Cyclopedia of Law and Procedure, which is largely the work of law school teachers, the American Law Book Company has taken the initiative in moving for the establishment of a high grade institution for legal education in its widest relations, to be organized be, and conducted under, the control of law school men and active practitioners interested in the cause of legal …

Leyes Y Reglamento De Inmigración De La República De Cuba, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Disposiciones dicatdas hasta la fecha 1909.

Gaceta Oficial No. 451 del 6 de noviembre de 1900.

Valuing Property And Franchises Of Public Service Corporations For Fixing Rates, Horace Lafayette Wilgus

Articles

The Supreme Court of the United States has recently decided two important cases relating to the proper valuation of the property of public service corporations for the purpose of fixing rates to be charged for their services. These are Knoxille v. Knoxville Water Company, 211 U. S.--. 29 S. C. 148, and Willcox Y. Consolidated Gas Co.. -- U. S. --. 29 S. C. 192,a both decided January 4, 1909.

Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins

Articles

Right to practice medicine regulated by statute.--In the absence of a statute upon the subject, any person is at liberty to practice medicine or surgery or both. This is the common law. And yet in the absence of a statute the physician necessarily assumes certain responsibilities that grow out of his relation to those whom he treats. He is bound to bring to the discharge of his duties the learning, skill and diligence usually possessed and exercised by physicians similarly situated. In other words, while in the absence of statutory regulation, the door of the profession is open to all, …

English Law As An Exponent Of English History, Edson R. Sunderland

Articles

It is not my purpose to unduly emphasize the light which the study of the laws of a people throws upon its character and development. The teaching of history should be broad enough to recognize the importance of all sides of national life. But I believe there has never been a sufficient appreciation of the real wealth of suggestive and illuminating material which is contained in the history of English law. For the English have been pre-eminently a legal race. In the study of Roman History Roman Law has always occupied a prominent place. The Romans made their reputation, so …

The Federal Constitution Is Not Violated By A State Law Compelling One Accused Of Crime To Testify Against Himself, James H. Brewster

Articles

A case has been recently decided by the Supreme Court of Colorado, upon a condition of facts which it seems, has not an exact parallel in any of the reports. After being in litigation for more than eleven years the question involved was finally settled by the court of last resort of that state. In effect the decision goes to the extent of saying, that when a note is endorsed specially and afterwards comes back to the party making such special endorsement, and the party reissues the same without striking out his endorsement, no new endorsement is necessary, since the …

Combination Among Physicians To Fix Prices For Professional Services, Harry B. Hutchins

Articles

The case of Rohlf v. Kasemeer et al., decided by the Supreme Court of Iowa, November 18, 1908, and reported in 118 N. W. Rep., p. 276, although primarily upon the construction of a local statute, involves a question of general interest. The plaintiff therein, who is a physician, together with thirteen others of the same profession, all residing and practicing in the same county, entered into an agreement, combination or understanding, the terms of which are not given, but the object of which was to fix and maintain the fees and charges to be exacted for medical and surgical …

An Historical Development Of The Contract Theory In The Dartmouth College Case, R. N. Denham Jr.

Michigan Law Review

The theory enunciated in the famous Dartmouth College Case may be said to date back to the very beginnings of corporations. Just when were the beginnings of corporations and corporation law is, however, a question that has long been a much mooted one, some claiming that they were not known until the middle ages, while others put their inception as far back as the time of Solon in Greece; still others name Numa as the true founder of corporations, by reason of his classification of the Romans into societies according to the manual trade each followed, but the first really …

Rights Of A Traveler To Use Here Articles Made And Purchased Abroad But Patented Here, Dwight B. Cheever

Michigan Law Review

The question to be answered by this paper is whether or not when an American citizen goes abroad and purchases there from a manufacturer in any foreign country any article whatsoever be it wearing apparel or an automobile which is patented in this country has such a purchaser the right to bring that article into this country and to use it in this country without paying tribute to the American patentee or his assignee. As to small articles the question is of course unimportant, for no one would think of going to the expense of a suit over the use …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners--Excavations--"Contiguous" Structures; Aliens--Naturalization--Persons of Japanese Race--"White Persons"; Bankruptcy--Suit by Trustee--Recovery of Property Transferred by Bankrupt; Carriers--Duty to Person Riding on Engine; Carriers--Through Contract--Liability of Connecting Carriers; Color of Title as Extending Possession of Adverse Claimant--Deed to Claimant's Vendor; Constitutional Law--Due Process of Law--White and Negro Pupils; Constitutional Law--Interstate Commerce--Power of Congress to Regulate; Constitutional Law--Secret Societies--Unauthorized Wearing of Badges; Conversion--Time of Conversion--Pledges--Assertion of Title; Corporations--Stockholder's Liability--Enforcement in Other States; Damages--For Interference with Employment--Mental Suffering an Element; Dedication--Acceptance--Ordinance Fixing Grade; Deed--Acknowledgement Taken by Officer and Stockholder of Corporation Grantor; Deeds--Building Restriction--"Front Property Line" of Corner Lot; Deeds--Restrictive Covenant--Electric Light Station …

Book Reviews, Edson R. Sunderland, Henry M. Bates, Joseph H. Drake

Michigan Law Review

Stace: Chancery Forms and Precedents. Annotated with Reference to the Practice in Michigan.; Tiffany: Handbook of the Law of Sales, (2nd ed., rev.); Taylor: The Science of Jurisprudence. A Treatise in which the Growth of Positive Law is Unfolded by the Historical Method and its Elements Classified and Defined by the Analytical.

The Art Of Legal Practice, Edson R. Sunderland

Articles

In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …

Measure Of Damages When A Property Is Wrongfully Taken By A Private Individual, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Some Miscellaneous Amendments To S. 6330 And Hr 19853 Proposed To The Copyright Office, United States Congress

Legislative History – Copyright Act of 1909

Wording revisions proposed by a variety of commenters on S.6330 and H.R.19853,

Some Historical Matter Concerning Literary Property, Edward S. Rogers

Michigan Law Review

The notion of property in published literary works was of gradual development. One may search in vain through classical literature and Roman law to find anything in the nature of copyright. Hearty condemnation of plagiarism is to be found. Stealing another man's labor and passing it off as one's own was a literary crime, but neither that nor open piracy seems to have been a matter of which the law took cognizance. Before the invention of printing, making manuscript copies of a book was such a laborious and time-consuming task that an ancient author must have felt sufficiently repaid if …

Note And Comment, Harry B. Hutchins, Edson R. Sunderland

Michigan Law Review

What is the Practice of Medicine?; The Extent of the Land to Which a Mechanics' Lien Attaches; May a Murderer Acquire Property From His victim by Descent or Devise?; One Way to Prevent Some of the "Law's Delays";

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Concealment of Property--Bankruptcy Schedules Inadmissible Against Bankrupt on Trial for Concealing Property; Bankruptcy--Jurisdiction--Recovering Excessive Counsel Fees; Bills and Notes--Extension of Time of Payment--Release of Lien of Trust Deed; Carriers--Error in Ticket--Ejection of Passenger; Carriers--Free Pass Within Statutory Prohibition; Constitutional Law--Judgment of Sister State--Full Faith and Credit; Corporations--Promoters--Sales to Corporation; Discovery--Personal In juries--Power of Court to Compel Physical Examination of Plaintiff; Divorce--Defense--Connivance; Elections--Primary Elections--Canvassing of Votes; Eminent Domain--Interest on Award Against the Government; Eminent Domain--"Private Property"--Owner's Remedy--Injunction; Evidence--Burden of Proof--Fraudulent Conveyances; Fire Insurance--Forfeiture of Policies--"Other Insurance"; Insurance--Subrogation--Accident Insurance; Judgment--Conclusiveness of Decision of United States Commissioner on Collateral Attack; Master and Servant--Disobedience …

Book Reviews, Henry M. Bates

Michigan Law Review

Crawford: The Negotiable Instruments Law, embracing a full text of the law as enacted, with copious annotations; Stimson: The American Constitution. The National Powers. The Rights of the States. The Liberties of the People.;

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …

An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy

Michigan Law Review

When we talk of the State, its rights or its structures, we are necessarily led to the inquiry, "What do we mean by the State?" Beginning with the proposition that the State is a composite formed of individuals whose lives are shaped by the life of the whole, it necessarily follows that a perfect understanding of any particular State would involve a knowledge of the characteristics of the members who compose it. This of course is obviously impossible, but the theory underlying States generally is founded upon general human characteristics. So we may take as a basis the great truth …

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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 …

Note And Comment, John R. Rood

Michigan Law Review

Continuance in Control of Corporate Funds by Fraudulent Directors; Liability of Maker of Overdue Note to Garnishment; The Relation of the Bank to Its Depositors; Invalid Contracts for Contingent Fees;

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.;