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Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin May 1914

Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin

Michigan Law Review

What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress? Recent literature on the subject reveals a considerable variety of opinion. There are radicals who hold that the power owes its existence to an act of sheer usurpation by the Supreme Court itself, in the decision of Marbury v. Madison. There are conservatives who point to clauses of the Constitution which, they assure us, specifically confer the power. There are legists who refuse to go back of Marbury v. Madison, content in the ratification which, they assert, subsequent …

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Recent Important Decisions May 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema May 1914

Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema

Michigan Law Review

A collection of book reviews by multiple authors.

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Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr Apr 1914

Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr

Michigan Law Review

Where a trust is claimed because a grantee has violated some oral promise in reliance upon which the conveyance to him was made, it is customary to say that he took upon an oral trust. That, however, is often not a correct statement of the situation unless an oral promise to convey or to devise to a third person, or to reconvey or to devise to the grantor, is necessarily to be deemed an oral promise to hold in trust. Many of the so-called oral-trust deed cases are really cases of contracts analogous to bailment contracts, made for the benefit …

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Ontario Courts And Procedure, Herbert Harley Apr 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."

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Recent Important Decisions Apr 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler Apr 1914

Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler

Michigan Law Review

A Partnership as a Farmer in Bankruptcy - After much uncertainty and difference of opinion among the courts as to the position of Partnerships under the Bankruptcy Act certain phases of the problem were set at rest by the Supreme Court in Francis v. McNeal. By that case it seems to have been authoritatively settled (1) that in determining the solvency or insolvency of a partnership the individual estates available for payment of firm debts are to be considered, and (2) that an adjudication of the firm as such draws into the proceeding the administration of the estates of members …

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Ontario Courts And Procedure, Herbert Harley Mar 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …

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Proposed Remedies In Court Procedure, Willis B. Perkins Mar 1914

Proposed Remedies In Court Procedure, Willis B. Perkins

Michigan Law Review

It is the judgment of the writer that the chief function of the legislature is to declare substantive rights. Court procedure being but the machinery by which substantive rights are determined, the responsibility for the effectiveness of that machinery should rest alone upon the courts. Unnecessary prolixity and confusion too frequently result from the present two-fold source of procedural law.

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Registration Of Land Titles, John R. Rood Mar 1914

Registration Of Land Titles, John R. Rood

Michigan Law Review

It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles-adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.

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Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore Mar 1914

Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore

Michigan Law Review

The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.

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Recent Important Decisions Mar 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Basic Doctrine Of American Constitutional Law, Edward Corwin Feb 1914

Basic Doctrine Of American Constitutional Law, Edward Corwin

Michigan Law Review

The two leading doctrines of American Constitutional Law before the Civil War, affecting state legislative power, were the Doctrine of Vested Rights and the Doctrine of the Police Power. The two doctrines are in a way complementary concepts, inasmuch as they represent the reaction upon each other of the earlier conflicting theories of natural rights and legislative sovereignty. But the older doctrine is the, doctrine of vested rights, which may be said to have flourished before the rise of the Jacksonian Democracy. Furthermore, if Constitutional Law be regarded from the point of view of its main purpose, namely, that of …

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Legislating The Incumbent Out Of Office, W. Gordon Stoner Feb 1914

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Michigan Law Review

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament. Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here. In a few cases, and particularly in the decisions of the courts of North Carolina, offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

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English Judicature Act Of 1873, Willis B. Perkins Feb 1914

English Judicature Act Of 1873, Willis B. Perkins

Michigan Law Review

It seems to be the general impression that reform in judicial procedure is a new and radical thing in the history of jurisprudence. This is far from the fact. It is as old as jurisprudence itself. From Solon to Justinian, from Justinian to the Magna Charta, from the Magna Charta to Bentham, from Bentham to Field, and in every civilized country, radical changes have taken place from time to time, touching both procedure and substantive law. Court systems have been codified, systematized and rearranged to meet advancing and changing social and industrial conditions. From the religious ceremonies, constituting the methods …

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Recent Important Decisions Feb 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner Feb 1914

Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner

Michigan Law Review

Adverse Possession in the Case of the Rights of Way of the Pacific Railroad Companies - While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips -were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect …

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Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland Jan 1914

Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland

Books

“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the …

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Cases On Principal And Agent, Selected From Decisions Of English And American Courts, Edwin C. Goddard Jan 1914

Cases On Principal And Agent, Selected From Decisions Of English And American Courts, Edwin C. Goddard

Books

It is a striking proof of the fact that Agency is a modern subject in the law that Blackstone, in his Commentaries on the Laws of England, does not mention the subject by name, and barely makes a four-line reference to one sort of agent in his classification of servants. The old ca~es do, of course, sometimes deal with pure agency questions, but the agent is usually referred to as a servant or a factor, and the questions in issue are generally settled upon some principle of the law of Master and Servant. Agency is essentially a business- relation; hence …

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Defects In Our Legal System, Henry M. Bates Jan 1914

Defects In Our Legal System, Henry M. Bates

Articles

That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …

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The Registration Of Land Titles, John R. Rood Jan 1914

The Registration Of Land Titles, John R. Rood

Articles

It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles, adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.

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Legislating The Incumbent Out Of Office, W. Gordon Stoner Jan 1914

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Articles

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

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Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus Jan 1914

Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus

Articles

PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1

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Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler Jan 1914

Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler

Articles

Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to such entry be required to surrender a right or …

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Defects In Our Legal System, Henry M. Bates Jan 1914

Defects In Our Legal System, Henry M. Bates

Michigan Law Review

That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …

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Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland Jan 1914

Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland

Michigan Law Review

Criticism of the law, the courts, and the legal profession is one of the popular customs of the day. So constantly and so insistently are we told of the shortcomings of the Bench and Bar that it is hard to hold one's footing against the sweep of the current. One might well suppose from all the clamor that the ancient respectability of the law had suddenly been discovered to be a monstrous pretense, a fraud on the innocence and trustfulness of the people, a cloak for injustice and a mask for oppression.

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If The Lines Of A Junior Lode Location Be Laid Across The Surface Of A Valid Senior Location Will The Junior Location Acquire Extralateral Rights Based On A Portion Of The Vein Which Is Included Within The Senior Location As Against Another Earlier Location Covering The Dip Of The Vein, Myron A. Folsom Jan 1914

If The Lines Of A Junior Lode Location Be Laid Across The Surface Of A Valid Senior Location Will The Junior Location Acquire Extralateral Rights Based On A Portion Of The Vein Which Is Included Within The Senior Location As Against Another Earlier Location Covering The Dip Of The Vein, Myron A. Folsom

Michigan Law Review

It was decided in Del. Monte M. & M. Co. v. Last Chance M. & M. Co.,: that the lines of a junior lode location may be laid upon the surface of a valid senior location (if done openly and peaceably), for the purpose of securing extralateral rights on the dip of a vein the apex of which is within the second and outside of the first. But the court declined to decide whether the junior locator would acquire any extralateral rights based upon a portion of the apex covered by the senior location, saying "Perhaps the rights of the …

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Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler Jan 1914

Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler

Michigan Law Review

Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …

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Recent Important Decisions Jan 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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On Uniformity In Judical Decisions Of Cases Arising Under The Uniform Negotiable Instruments Act, Amasa M. Eaton Dec 1913

On Uniformity In Judical Decisions Of Cases Arising Under The Uniform Negotiable Instruments Act, Amasa M. Eaton

Michigan Law Review

When the American Bar Association was formed in 1878, the first object stated in the call was "to assimilate the laws of the different states," and the first article of the Constitution stated that one of the principal objects of the Association was "to advance the science of jurisprudence, to promote the administration of justice and uniformity of legislation throughout the Union."

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