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University of Michigan Law School

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Articles 8401 - 8430 of 9091

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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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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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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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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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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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Effect Of An Agreement By One Person To Supply Another's 'Requirements' Of A Given Commodity, Grover C. Grismore Jan 1920

Effect Of An Agreement By One Person To Supply Another's 'Requirements' Of A Given Commodity, Grover C. Grismore

Articles

The cases show that the kind of agreement indicated by the heading of this note has become an established part of business usage. In normal times such an agreement is likely to be carried out to the entire satisfaction of both parties, without question, but, in a period of changing business conditions and abnormal price flctuations such as we have witnessed during the last few years, nice questions of interpretation are likely to arise, as is well illustrated by the recent case of Oscar Schlegel Mfg. Co. v. Peter Coopers Glue Factory, (1920) 179 N. Y. S. 271.

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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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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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Book Reviews, Edson R. Sunderland, Edwin D. Dickinson Dec 1919

Book Reviews, Edson R. Sunderland, Edwin D. Dickinson

Michigan Law Review

Unless lawyers are an unimaginative and hopelessly backward-looking social group, as some unkind critics have asserted, they will find this book one of he most suggestive and stimulating contributions to legal literature that has appeared in recent years. It touches in a broad way the whole field of the relation of legal institutions and the legal profession to the major problems of society. It demonstr4tes in a most striking manner how those who plan and administer the machinery of the law must awake to the fact that they form the front line of civilization's defense against anarchy. And it presents …

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

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

Michigan Law Review

The above specific question, upon which there is a conflict of authority, cannot be intelligently discussed without first considering some features of the general law as to conditional privilege.

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Judicial System Of Michigan Under Governor And Judges, W L. Jenks Nov 1919

Judicial System Of Michigan Under Governor And Judges, W L. Jenks

Michigan Law Review

When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …

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Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane Nov 1919

Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane

Michigan Law Review

The Law School- The year 1919-1920 opens with 336 sudents enrolled. These are classified as follows: Third year--85; second year--W; first year -149; special-s. As compared with 65 enrolled a year ago the present attendance is gratifying. Preliminary applscations point to a large number of entering students in February.

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Recent Important Decisions, Michigan Law Review Nov 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Boundaries - Property Conveyed - Half of "Lot" Street - Plaintiff and defendants own, respectively, the easterly and westerly halves of "lot 17" of a certain tract of land. Defendants' deed described the land conveyed to them as the "westerly one-half of lot 17" of said tract, according to a recorded map, which indicated that the western boundary of lot 17 is the center line of an avenue 6o feet wide. Plaintiff sues to quiet title to a strip of land i5 feet wide adjacent to the center line of said lot. Held, that the 3o-foot strip covered by the …

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Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum Jun 1919

Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum

Michigan Law Review

Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act

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Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll Jun 1919

Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll

Michigan Law Review

The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'

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Administering Justice The Medical Prepossession, Clarence A. Lightner Jun 1919

Administering Justice The Medical Prepossession, Clarence A. Lightner

Michigan Law Review

This quotation is from a recent document coming from con- servative and intelligent sources, recommending as a cure for economic and commercial unrest, and other evils, the creation of a League of National Guilds.

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Recent Important Decisions, Michigan Law Review Jun 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arrest - Right of Officer to Kill when Serving Warrant for Misdimeanor- Defendant-had a warrant for the arrest of one White, charging him with being drunk and disorderly. When the defendant served the warrant, White advanced upon him with an open knife. Although the defendant had a chance to escape through an open door, he shot and wounded White. In the prosecution of defendant for shooting and wounding White, it was held that the defendant was justified in shooting him. State v. Dunning (N. C., igig), 98 S. E. 530

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Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner May 1919

Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner

Michigan Law Review

Admiralty Rule of "Care and Cure" A Limit of Liability - One of the very ancient doctrines of the general maritime law is that a sailor injured in the service of the ship is entitled to care and cure at the expense of the ship, and to his wages, but nothing more in the nature of damages for negligence of the master or others of the ship's company. In the sixth article of the Rooles d'Oleron, for example, it is said,---"But if by the master's orders and commands any of the ship's company be in the service of the ship, …

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Book Reviews, Victor H. Lane, Horace Lafayette Wilgus, Edwin D. Dickinson May 1919

Book Reviews, Victor H. Lane, Horace Lafayette Wilgus, Edwin D. Dickinson

Michigan Law Review

The lawyer who, for the last two decades has kept abreast of the literature of the law, is appreciative of the fact that no branch of the old law has received such scientific and scholarly treatment, as has the law of evidence, and few of the more modern fields have been as thoroughly and intelligently cultivated. Led by Professor Thayer in that incomparable series of essays gathered under one title in his "Preliminary Treatise on Evidence at the Common Law," followed by Professor Wigmore with his edition of Greenleaf's first volume, and later by his great work "Evidence in Trials …

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Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour May 1919

Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour

Articles

ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to …

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Recent Important Decisions, Michigan Law Review May 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Cemetaries - Civil Liabilities - Torts - Plaintiff sued defendant corporation for malicious prosecution by its sexton and secretary. Defendant was organized for cemetery purposes, not for profit, and without capital stock. The state general code provided that such an association might acquire and hold not exceeding one hundred acres of land, and also take any gift or devise, or the income thereof, in trust, "all of which shall be exempt from execution." Held, one justice dissenfing, under the maxim "expressio uniu, exclusio alterfus" the statute expressly excluded other property from execution. Hence defendant, though a charitable organization, was liable …

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Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard Apr 1919

Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard

Articles

DISCUSSION of proposed prohibitory amendments to Constitutions, State or Federal, are usually regarded as part of the wet and dry fight in which lawyers are interested only as citizens. Before the recent Cleveland Meeting of the American Bar Association the bar of the country was circularized by a protest, signed by a number of very well known lawyers, urging the bar to take action against putting into the fundamental law, the Constitution, such matters as the regulation of what the people shall drink. These lawyers presented their case at the Cleveland meeting and vigorously attempted to induce the American Bar …

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The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson Apr 1919

The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson

Articles

THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles …

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Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake Apr 1919

Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake

Michigan Law Review

Repeals by Implication - Prohibition in Michigan - At the November election of. 1916 the people of the state of Michigan ratified the following amendment to the constitution of that state: "The manufacture, sale, giving away, bartering or furnishing of any vinous, malt, brewed, fermented, spiritous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific or sacramental purposes shall be after April thirty, nineteen hundred eighteen, prohibited in the State forever. The Legislature shall by law provide regulations for the sale of such liquors for medicinal, mechanica, cheinical, scientific and sacramental purposes."

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Recent Important Decisions, Michigan Law Review Apr 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency - Respondeat Superior as to Liability of a Lodge for Negligence of a Subordinate Lodge - The Birmingham Lodge used what was called a "branding board" for initiating new members. A current of electricity was turned on for the purpose of creating on the blindfolded candidate an impression that he was being branded. This was so effective that it killed- one candidate. Nothing daunted by this the lodge tried it on another candidate, fifteen minutes later, possibly to see if it was still working. It was, and the administrator of the estate of the second deceased candidate now sues …

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