Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 8431 - 8460 of 9091

Full-Text Articles in Entire DC Network

Religious Liberty In The American Law, Carl Zollman Mar 1919

Religious Liberty In The American Law, Carl Zollman

Michigan Law Review

When the convention which framed the federal constitution assembled in Philadelphia in 1787 religious tests as a qualification for office were actually a part of the constitutions of most of the thirteen original states.' While Massachusetts2 and%,Maryland3 required from certain state officers only a declaration of a belief in the Christian religion, the fundamental law of Georgia, New Hampshire, New Jersey and North Carolina4 limited such belief to the Protestant religion and was designed to require a positive and affirmative test and not merely the negative qualification of not being a Roman Catholic.0 The Delaware, North Carolina and Pennsylvania constitutions7 …

Go to article

Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee Mar 1919

Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee

Michigan Law Review

New Trials for Technical Errors - A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55.

Go to article

Recent Important Decisions, Michigan Law Review Mar 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Following the decision of the United States Supreme Court that the Wilson Act did not affect interstate shipments of liquor until final delivery by the carrier, Rhodes v. Iowa, 170 U. S. 412, (898), Congress passed the Webb-Kenyon Act, 37 Stat. at L. 699 (1913). Meantime, in 1913, 35 Stat. at L. 1136, Sec. 239, it was enacted that it should be a penal offense for any carier or other agent, in connection with the interstate carriage of intoxicating liquors, to collect the purchase price from the consignee, or in any manner act as agent of buyer or seller, except …

Go to article

Food And Fuel Control, William Barker Marvin Feb 1919

Food And Fuel Control, William Barker Marvin

Michigan Law Review

In the present war, nationalization of industry and centralization of control have been found necessary to an extent never before attempted. The very vastness of the armies, and of the quantities of munitions and other supplies needed to keep the strength of the armies at its highest point required that the most efficient forms of industrial organization be sought out and utilized. In a nation with a single aim and a single will, that is, in a nation so organized as to wage successfully a modern war; the individual has had to sacrifice much for the good of the whole; …

Go to article

Goodwill And Other Nondepreciable And Depreciable Intangible Property As Invested Capital, Frederick Thulin Feb 1919

Goodwill And Other Nondepreciable And Depreciable Intangible Property As Invested Capital, Frederick Thulin

Michigan Law Review

The subject of intangible property under the federal tax laws is somewhat misunderstood. Many errors of an important nature have undoubtedly been made in reference thereto. The purpose of this paper is to point out the situations as they often exist and to give practical suggestions as to how to handle them insofar as authorized by the law and the treasury decisions and regulations.

Go to article

Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Victor H. Lane Feb 1919

Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Victor H. Lane

Michigan Law Review

Wills - Revocation by Judicial Legislation - Wills and their revocation as we kno* them are peculiarly the result of the actions and reactions of our common and statute law. We are sufficiently familiar with statutes, declaratory of the common law, in derogation thereof, and creating entirely new principles of law. We also know law the result of no legislative act. Whateyer may or may not be admitted about court-made law, we see the undoubted fact that the great body of our law is the outgrowth of decisions applying to new conditions principles of law found in analogous cases, whereby …

Go to article

Recent Important Decisions, Michigan Law Review Feb 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Railroad Right of Way - Defendant, by deed, acquired. title to a right of way, fifty feet wide and fenced within four feet of the line. Plaintiff owned the adjoining tract and more than ten years befori this action was brought, planted fruit trees up to the fence. Held, the Statute of Limitations did not run against defendant as to the four foot strip. Beyer.. Chicago, R. I. & P. R. Co., (Ia. 918), A69 N.W. 651.

Go to article

Book Reviews, Willard T. Barbour, Joseph H. Drake Feb 1919

Book Reviews, Willard T. Barbour, Joseph H. Drake

Michigan Law Review

Judge Story's work appeared at a critical period in Aterican legal history. The bitterness toward England which lingered after the Revolution, intensified by the unhappy war of 182, was no doubt responsible for the hostility toward and suspicion of that peculiarly English institution, the common law.' Evidence is not wanting that our courts were drifting away from the common law doctrines and becoming more -responsive to the appeals of civil law. There was thus furnished a condition favorable to the reception of Roman law through some French form such as the Code Napolion. English equity, in particular, stood in a …

Go to article

Recent Important Decisions, Michigan Law Review Jan 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments - Carriers - Conversion - Trover by Bailee (A Common Carrier) Against a Third Person - On the facts as stated by the court of last resort it is often difficult to discover why any action should ever have been thought of, and impossible to see how the judgment of the trial court should have been in favor of the preposterous claim of the plaintiff. Such seems to be the case of Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co. (Ala. I918), 79 So. 387. Plaintiff carrier by mistake delivered cotton seed to defendant company. …

Go to article

Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee Jan 1919

Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee

Michigan Law Review

Sales - Liability for the Presence of Mice and Other Uncommon Things in Food - A group of recent decisions presents a somewhat farcical conformity with Montesquiet'. thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.

Go to article

Federal Incorporation, Myron W. Watkins Jan 1919

Federal Incorporation, Myron W. Watkins

Michigan Law Review

The course of development which rate regulation in general in this country passed through is well known. It may be briefly stated as follows: in the early cases it was held that when a state legislature prescribed a scale of maximum charges for a business affected with a public interest they substituted their will for the common law rule of reasonableness, and their determinations were held final and conclusive. This view was gradually modified so as to place a limitation upon the power of the law-making body in accordance with the view that the "use and income of property, as …

Go to article

Should A Correct Verdict Be Set Aside Because The Jury Failed To Follow Erroneous Instructions?, Edson R. Sunderland Jan 1919

Should A Correct Verdict Be Set Aside Because The Jury Failed To Follow Erroneous Instructions?, Edson R. Sunderland

Articles

One of the common grounds of a new trial is that the verdict is contrary to law. What law is meant,--the law as it really is, or the law that was given to the jury by the court's instruction? Most cases hold to the latter view. It is the duty of the jury to take the law from the court, whether the court in so giving it is right or wrong. Hence, the jury violate their duty if they fail to follow instructions, even if the instructions are wrong, and a verdict based on a breach of the jury's duty …

Go to article

Alienation Of Contingent Remainders, Ralph W. Aigler Jan 1919

Alienation Of Contingent Remainders, Ralph W. Aigler

Articles

The recent case of Bisby v. Walker, 169 N. W. 467, decided by the Supreme Court of Iowa November 23, 1918, is an interesting instance of an all too common lack of appreciation and understanding of the very fundamentals of property law. Under the will of her grandfather B became entitled to a contingent remainder (at least the court treated it as such) in certain lands; the contingency upon which her taking depended was her being one of the surviving children of her mother at the time of the death of the life tenant, the testator's widow. During the continuance …

Go to article

Burden Of Proof, Victor H. Lane Jan 1919

Burden Of Proof, Victor H. Lane

Articles

The case of Rowe, Adin.. v. Colorado and Southern R. R. Co. (Tex. Civ. App. 1918), 205 S. W. 731, is typical of the confusion all too common in the use of this term "burden of proof"

Go to article

The 'Source Of Law' In The Panama Canal Zone, Joseph H. Drake Jan 1919

The 'Source Of Law' In The Panama Canal Zone, Joseph H. Drake

Articles

A case just decided in the Supreme Court of the United States, coming to that court from the Canal Zone, shows the great difficulties under which our courts labor when they are called on to interpret and administer the law in our extra-continental possessions. The courts have apparently had the most difficulty in amalgamating the Roman law and the common law in cases involving questions of delictual liability. In the case of Fernandez v. Perez (1906), 202 U. S. 80, the procedural question was presented as to the validity of an action on the case for the wrongful levy of …

Go to article

Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler Jan 1919

Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler

Articles

Where the law creates a duty or charge and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. * * * But where the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. Paradine v. Jane, Aleyn, 26, a case not really involving a question of impossibility. Most discussions of the effect of subsequent impossibility of performance …

Go to article

Verdicts, General And Special, Edson R. Sunderland Jan 1919

Verdicts, General And Special, Edson R. Sunderland

Articles

The most remarkable thing about this case of Georgia v. Brailsford is that a matter of such elementary importance in the daily administration of the law, after being announced in so dramatic a way by the Supreme Court of the United States at the very threshold of its career, could have dropped into oblivion for a hundred years only to be repudiated in a way hardly less dramatic by a sharply divided court. The controversy here disclosed goes to the very heart of the jury system as it has been developed by the common law and is still almost universally …

Go to article

Juvenile Courts And Privileged Communications, Evans Holbrook Jan 1919

Juvenile Courts And Privileged Communications, Evans Holbrook

Articles

In the case of Lindsey v. People, (Colo., 1919) 181 Pac. 531, the Supreme Court of Colorado has held that Judge Lindsey of the Juvenile Court of Denver could not refuse to testify as to a communication made to him by a child who was at the time of the communication suspected of crime and against whom proceedings were later taken in the Juvenile Court. The decision was by a vote of four to three, and a vigorous dissenting opinion was written by Justice Bailey and concurred in by Justices Scott and Allen.

Go to article

Determinable Fee - Possibility Of Reverter, Edwin C. Goddard Jan 1919

Determinable Fee - Possibility Of Reverter, Edwin C. Goddard

Articles

Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …

Go to article

Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite Jan 1919

Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite

Articles

A group of recent decisions presents a somewhat farcical conformity with Montesquieu's thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.

Go to article

Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland Jan 1919

Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland

Articles

Courts are charged with the duty of declaring the law. They are also required to decide cases. Either one of those functions might be performed with comparative ease if it were divorced from the other, but when the court is simultaneously obliged to do both, the difficulties are very apparent. To decide a case and at the same time to declare the law means that the court is required to generalize every legal proposition upon which it acts in making its decision. But judges are not omniscient. Who can so fully understand the logical implications and the latent possibilities of …

Go to article

A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland Jan 1919

A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland

Articles

In a recent opinion of the Supreme Court of the United States Justice Holmes makes this interesting observation:- "The foundation of jurisdiction is physical power, although in civilized times it is not necessary to maintain that power throughout proceedings properly begun." Paraphrased, the statement comes to this: In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential.

Go to article

Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane Jan 1919

Witness--Competency Of An Allopathic Expert In The Field Of Homeopathy--Opinion On Very Fact The Jury Must Determine, Victor H. Lane

Articles

Van Sickle v. Doolittle, (Ia., 1918), 169 N. W. 141, was an action for malpractice against a physician of the homeopathic school of medicine. Upon the trial, a physician of the allopathic school was called, and after testifying that he was unskilled in the science of homeopathy, was allowed to testify that the treatment shown to have been given to the patient by defendant, would produce no physiological effect, and that proper treatment required the giving of such medicines as would produce such effect. This was held error upon the ground that the defendant was called to treat the patient …

Go to article

Domestic Corporate Tangible And Intangible Invested Capital, Frederick M. Thulin Jan 1919

Domestic Corporate Tangible And Intangible Invested Capital, Frederick M. Thulin

Michigan Law Review

With a tax law on the statute books that fixes a moderate flat rate of taxation on business income, no question of invested capital need be considered. The income tax laws of 1913 and 1916 and the flat rate or normal tax section of the 1917 law and the proposed 1918 law bear out this statement.

Go to article

Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane Dec 1918

Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane

Michigan Law Review

The Writ of Prohibition - Procedural Delay - A disheartening recrudescence of procedural red-tape is found in a recent decision of the Supreme Court of Ohio. A contest arose over the jurisdiction of the Public Service Commission to fix telephone rates in Cleveland. The Commission was engaged in a determination as to the reasonableness of a schedule of rates filed by the telephone company, when a petition was filed in the Common Pleas Court for an injunction against the charging of rates other than those fixed by a city ordinance.

Go to article

Recent Important Decisions, Michigan Law Review Dec 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Building Restrictions - Single Private Dwelling on One Lot - What Is One Lot? Land was platted into sixty foot lots and conveyed from time to time to various purchasers subject to restriction, inter alia, that "There shall be nothing but a single private dwelling with the necessary outbuildings erected on each lot" Defendant became the owner of the westerly ten feet of lot 5o and the easterly forty feet of lot 51; the remaining twenty feet of lot 51 and the whole of lot 52 adjoining lot 51 on the other side became the property of plaintiff. Defendant being …

Go to article

Delivery And Acceptance Of Deeds, Herbert T. Tiffany Dec 1918

Delivery And Acceptance Of Deeds, Herbert T. Tiffany

Michigan Law Review

It is proposed, in the first part of this paper, to consider the nature of the delivery of a deed, more particularly a deed of conveyance, and the facts and circumstances which the courts have regarded as justifying an inference of delivery. The second part of the paper will be devoted to a consideration of the necessity of the acceptance of a deed, in addition to delivery, in order that it may have a legal operation.

Go to article

Federal Incorporation, Myron W. Watkins Dec 1918

Federal Incorporation, Myron W. Watkins

Michigan Law Review

We have traced in the foregoing part the principal cases bearing directly upon the federal power of incorporation. To gain a just perspective of the attitude the court may take upon the constitutionality of an act requiring uniform federal incorporation of all businesses engaged in interstate commerce it is necessary to complete our review by an examination of the trend of the court's decisions involving other portions of the field of commerce regulation. The construction placed upon acts exerting other forms of regulation will not be so conclusive to our inquiry as the adjudication of the cases reviewed in the …

Go to article

Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler Nov 1918

Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler

Michigan Law Review

The Law School - In common with all other law schools requiring college work for admission, this school has suffered a very heavy loss in attendance because of war conditions. This, however, is a matter for pride and not for discouragement for it means that our students have gone into the army or navy or other branches of the national service in very high ratio to their total number. And this is by no means due only to the effect of the Selective Service Act for from the very beginning our men have volunteered in great spirit and promptness. In …

Go to article

Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler Jun 1918

Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler

Articles

WHERE land has been sold and both parties are desirous of protecting themselves pending full payment of the purchase price, there are two common ways of accomplishing their purpose without any change in legal ownership. There may be (1) a contract of sale properly evidenced so as to be enforceable, and (2) a deed executed by the vendor and placed "in escrow." Sometimes one method is preferred, sometimes the other. If the former is adopted, it is, of course, vitally important that the contract comply with the formal requirements of the law; in the latter there has been some difference …

Go to article

First Prev Next Last