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Northwestern Railway Situation, Horace Lafayette Wilgus Jan 1903

Northwestern Railway Situation, Horace Lafayette Wilgus

Articles

What promises to be the most important corporate litigation that has or is likely to come before the Supreme Court for many years is involved in the various suits against the Northern Securities Company. To understand its full significance, it is desirable to recall something of the railroad history of the western states.

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Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland Jan 1903

Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland

Articles

AlI laws concerning property rights are based upon the broad - doctrine that every person who owns property may dispose of the same as he sees fit. The right of disposal of property is inseparably united to the right of property itself, and indeed is an essential element of the concept of property. It might even serve as a definition of property, viewing property as that which one may dispose of,-a definition too general, it is true, for practical purposes, but undoubtedly a correct and valuable metaphysical theorem

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The "Torrens Acts": Some Comparisons, James H. Brewster Jan 1903

The "Torrens Acts": Some Comparisons, James H. Brewster

Articles

The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …

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Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem Jan 1903

Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem

Articles

At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system. In making these changes, …

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Ratification By An Undisclosed Principal, Edwin C. Goddard Jan 1903

Ratification By An Undisclosed Principal, Edwin C. Goddard

Articles

Omnis ratihabitio retrotrahitur, et mandato priori aequiparatur. Every ratification relates back, and is equivalent to a prior authority, is the second great maxim of agency, and has been said to be as well established and as simple of application as the first and fundamental one, qui facit per alium, facit per se. It was as well recognized in the Roman law, as it is in the common law. Whether the maxim ratihabitio mandato comparatur of the Roman lawyers and the early English cases is identical in meaning with the dogma ratihabitio mandato acquiparatur of Lord Coke, and of all English …

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United States Steel Bond Conversion, Horace Lafayette Wilgus Jan 1903

United States Steel Bond Conversion, Horace Lafayette Wilgus

Articles

The litigation growing out of the plan of the United States Steel Corporation to retire $200,000,000 of its preferred stock by issuing bonds therefor has involved many interesting questions under the New Jersey law.

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The Law Library, Victor H. Lane Jan 1903

The Law Library, Victor H. Lane

Articles

It has been thought that a brief sketch of the library of the law department which should furnish information as to its present condition and of the more important of the incidents of its history would be of sufficient general interest to warrant its publication in the ALUMNUS, and I have been requested to prepare such an article.

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George Mccutchen Student Notebook 3, Notes Taken In Courses Taught By Joseph Daniel Pope, George Mccutchen Jan 1903

George Mccutchen Student Notebook 3, Notes Taken In Courses Taught By Joseph Daniel Pope, George Mccutchen

George McCutchen Student Notebooks

No abstract provided.

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Ley Orgánica Del Servicio Diplomático Y Consular De La República De Cuba, República De Cuba. Senado. Jan 1903

Ley Orgánica Del Servicio Diplomático Y Consular De La República De Cuba, República De Cuba. Senado.

Mario Diaz Cruz Pamphlets

No abstract provided.

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The Venezuelan Affair In The Light Of International Law, Amos S. Hershey Jan 1903

The Venezuelan Affair In The Light Of International Law, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

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A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane Jan 1903

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane

Books

“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …

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The Practice Court, Edson R. Sunderland Jan 1903

The Practice Court, Edson R. Sunderland

Articles

The law department of the University of Michigan has always proceeded upon the theory that the chief function of a law school is to fit men for the practice of the law. An aim to make professional instruction as thoroughly practical as possible is by no means a narrow one, nor is it out of accord with the liberalizing tendencies of university culture. The age is insisting with more and more emphasis that nothing is valuable which is not useful, a doctrine which does not put culture upon a money basis but does insist that all knowledge is but a …

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Right Of Jury To Review Decisions Of The Court Upon The Admissibility Of Evidence As Illustrated In The Law Of Dying Declarations, Victor H. Lane Jan 1903

Right Of Jury To Review Decisions Of The Court Upon The Admissibility Of Evidence As Illustrated In The Law Of Dying Declarations, Victor H. Lane

Articles

In the discussion of this question, it is thought that the present condition of the law can be made most satisfactorily to appear by gathering the declarations of various courts found in illustrative opinions, and a good portion of this article will attempt this collection. Where the courts of particular states have not spoken upon this particular question, and cases illustrating the principle as applied to confessions exist, they have been used. And in a few instances cases involving the law of the admissibility of confessions have been used, though there were cases involving dying declarations, because they were more …

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Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem Jan 1903

Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem

Articles

At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.

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Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson Jan 1903

Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson

Articles

Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and 1hisright to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple.

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Ratification By An Undisclosed Principal, Edwin C. Goddard Jan 1903

Ratification By An Undisclosed Principal, Edwin C. Goddard

Articles

Omnis ratihabitio retrotrahitur, et mandato priori aequiparatur. Every ratification relates back, and is equivalent to a prior authority, is the second great maxim of agency, and has been said to be as well established and as simple of application as the first and fundamental one, qui facit per alium, facit per se. It was as well recognized in the Roman law, as it is in the common law.

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Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson Jan 1903

Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson

Articles

Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and his right to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple. Among those essential rights were the right of possession, the …

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Northwestern Railway Situation, Horace Lafayette Wilgus Jan 1903

Northwestern Railway Situation, Horace Lafayette Wilgus

Articles

What promises to be the most important corporate litigation that has or is likely to come before the Supreme Court for many years is involved in the various suits against the Northern Securities Company. To understand its full significance, it is desirable to recall something of the railroad history of the western states.

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Conveyancing In The Law Department, James H. Brewster Jan 1903

Conveyancing In The Law Department, James H. Brewster

Articles

There was a time when the young man "studied law" in the private office of some successful practicing lawyer. Much time was spent by the student in copying legal papers the real meaning of which was seldom understood and seldom explained. Fundamental legal principles were but little considered. Only under the most exceptional circumstances was this method educational. There was little, if any, systematic and orderly study of law as a science. That young men, after serving such an apprenticeship, ever became good lawyers was rather in spite of this manner of training them than because of it. As the …

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Justice William Rufus Day, Harry B. Hutchins Jan 1903

Justice William Rufus Day, Harry B. Hutchins

Articles

The University of Michigan , when measured by the standard of public services rendered by its graduates, must certainly be accorded an honorable rank. For a quarter of a century the number of its alumni occupying high official station has been large. The list includes state executives, judges of state courts of last resort, senators and representatives in the national congress, cabinet officers, and members of important commissions raised by the general government for international and executive purposes. The character of the services has in some cases been conspicuous for its excellence and in all cases such as to bring …

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Front Matter Jan 1903

Front Matter

Michigan Law Review

Front Matter and Table of Contents for the Michigan Law Review Vol. 1 1902-1903

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May The Plaintiff In A Personal Injury Suit Be Compelled To Exhibit His Injuries If So Under What Circumstances, Thomas H. Shastid Jan 1903

May The Plaintiff In A Personal Injury Suit Be Compelled To Exhibit His Injuries If So Under What Circumstances, Thomas H. Shastid

Michigan Law Review

Attention has been given in Part to the question of the existence of the power, in a personal injury suit, to compel the plaintiff to exhibit his injuries. That question being answered; and in the affirmative, it is next necessary to consider the various circumstances under which such power may be exercised. And, first, it is to be observed that, in the investigation of this latter subject, no account need be taken of the courts in which it has been definitely decided that the power does not exist. Nor need account be taken of the courts of New York; for …

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Privileges And Immunities Of Citizens In The Several States, W. J. Meyers Jan 1903

Privileges And Immunities Of Citizens In The Several States, W. J. Meyers

Michigan Law Review

The Federal Constitution, Art. IV., § 2, cl. 1, declares that "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." Of this clause Alexander Hamilton wrote: "It may be esteemed the basis of the Union"; and more than seventy years after it had gone into effect, Judge Denio said of it, in deciding the great case of Lemmon v. People, "No provision has tended so strongly to constitute the citizens of the United States one people as this." It is the purpose of this inquiry to ascertain what are the …

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Recent Important Decisions, Michigan Law Review Jan 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Principal for Money coming into his Possession as Proceeds of Wrongful Sale of His Property by his Agent to Plaintiff; Appeal--Effect upon Power of Lower Court ot Modify Judgement Appealed From; Attorney and Client--Attorney's Lien--Priority; Carriers--tort--Ejection of Passengers--Exemplary Damages; Constitutional Law--Judgment--Full Faith and Credit--Statute of Limitations; Constitutional Law--classification of Cities--Special Acts Conferring Corporate Powers; Corporation--Sinsolvent--Preferring Creditors; Damages--Evidence of Pecuniary Condition; Damages--Exemplary Damages for Gross negligence or Where Actual Loss Purely Nominal; damages--General and Special--Pleading; Deed--Acknowledgment; elections--Ballots--Rights of Nominee to have his Name Appear More than Once Upon the Ballot; Equitable Interests--Assignability; Evidence--X-Ray Pictures; Fraud--Misrepresentation by Cashire of Bank; …

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Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker Jan 1903

Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker

Michigan Law Review

Washburn: A Treatise on the American law of Real Property; Frost: A Treatise on Guaranty Insurance

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Recent Important Decisions, Michigan Law Review Dec 1902

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Pincipal for Unknown Deceit of Agent; Action--Splitting Causes of--Injury to Person and Property; Attorney and Client--Jurisdiction of Equity over; Banks and Banking--Cashier--Notice; Carriers--Limiting Liability--Effect of Limitation in Case of Delivery After Notice to Stop in Transit; Carriers--Tort--Ejection of Passenger for Failure to Produce Ticket; Confict of Laws--Bona Vacatia--Rigth of Succession--"Mobilia Sequuntur Personam"; Conflict of Laws--Italian marriage--Deceased Husband's Brother; Conflict of Law--Equal Protection--Refusing Barbar's License to an Alien; Constitutional Law--Equal Protection--Requiring Examination of Graduate of Medical School of other States; Constitutional Law--Insurance Companies---Equal Protection of the Laws; Constitutional Law--Vested Right of Defense--Deprivation of Property Rights; Contract--Performance--Legal Holiday; Contract--Public Policy--Sale …

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Cherokee Nation V. Hitchcock, United States Supreme Court Dec 1902

Cherokee Nation V. Hitchcock, United States Supreme Court

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court case, submitted October 23, 1902 and decided December 1, 1902, held that the US Congress has the right to pass legislation that controls the actions and/or property of tribes in the United States without tribal consent. This case began when the Cherokee Nation attempted to stop the Secretary of the Interior from leasing their land for oil extraction. The Cherokee Nation asserted that an 1835 treaty granted them the right to their lands and to self-government. In their decision on this appeal, the Court asserts that the June 28, 1898 act of the US …

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Recent Legal Literature, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem Dec 1902

Recent Legal Literature, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem

Michigan Law Review

Dill: The Statutory and Cass Law Applicable to Private Companies, under the General Corporation Act of New Jersey, with Corporation Precedents; Noyes: A Treatise on the Law of Intercorporate Relations; Benjamin: The General Principles of the American Law of the Sale of Goods; Abbott: Brief for the Trial of Criminal Causes; Rich and Farnham (eds.): The Lawyers Reports Annotated

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The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton Dec 1902

The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton

Michigan Law Review

In the very cordial invitation extended to me by the distinguished President of your Bar Association to participate in the observance of this occasion it was urged that I should make a short address upon the relations of the Federal and State Judiciary to each other. As a reason for my taking this particular subject it was suggested by him that I had had the advantage of a considerable service under both systems.

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Law Of Dramatic Copyright. Ii., Edward S. Rogers Dec 1902

Law Of Dramatic Copyright. Ii., Edward S. Rogers

Michigan Law Review

V. Dramatization of novels. - Continued. - Fortunately, we, in the United States, have had very little trouble in regard to the dramatization of novels. The copyright statute provides that the author of a copyrighted book may reserve the right to dramatize and translate his own work. There is no question, however, that but for this act which creates the additional right of dramatization and translation, the English rule would be in force in this country. The exclusive right of translating "Uncle Tom's Cabin" was denied Mrs. Stowe in Stowe v. Thomas, "decided before the enactment of the statute permitting …

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