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Recovery Of Salary By A De Facto Officer, W. Gordon Stoner Jan 1912

Recovery Of Salary By A De Facto Officer, W. Gordon Stoner

Articles

The de facto doctrine in the law of officers has been a continual source of difficulty to the courts for more than a century. Many questions connected with the application of this doctrine to this branch of the law have been settled beyond controversy. Even the phase of this question which the writer proposes to discuss cannot be classed as new or novel. Recent years, however, have seen the development of certain tendencies on the part of some of the American courts in the application of this doctrine, which will furnish the subject for the major part of our consideration.

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Possession Under Mistake As Adverse Possession, Ralph W. Aigler Jan 1912

Possession Under Mistake As Adverse Possession, Ralph W. Aigler

Articles

In Wissinger v. Reed et al., 125 Pac. lO3O (Aug. 24, 1912) the Supreme Court of Washington held that actual possession of land for the statutory period would confer title upon the occupant, although the possession was under a mistaken belief of ownership. While the doctrine that title to real property may be acquired by adverse possession has been firmly established in English and American law for a great many years, no little difficulty and confusion have arisen in determining what possession is adverse, especially where the actual possession upon which the claim of title is based has been under …

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Book Reviews, Gordon W. Stoner, Edwin C. Goddard Jan 1912

Book Reviews, Gordon W. Stoner, Edwin C. Goddard

Michigan Law Review

Dillon: Commentaries on the Law of Municipal Corporations; Wyman: Public Service Corporations; White: Commentaries on the Law in Shakespeare, with Explanation of the Legal Terms Used in the Plays, Poems and Sonnets, and Discussion of the Criminal Types Presented;

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The Recall And The Political Responsibility Of Judges, W. F. Dodd Dec 1911

The Recall And The Political Responsibility Of Judges, W. F. Dodd

Michigan Law Review

The movement for the recall of State officers is one which has became important only within the past three or four years. The first application of the recall as a modem institution in the United States appears to have been in Los Angeles in 19o3, where the institution was adopted in the amendment of the charter framed by that city. From Los Angeles the recall as applicable only to municipal officers spread to other California cities, and has now been rather widely adopted in other States. The first State constitutional amendment with respect to the recall, that of California in …

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Recent Important Decisions, Michigan Law Review Dec 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …

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Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr. Nov 1911

Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.

Michigan Law Review

The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute

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Recent Important Decisions, Michigan Law Review Nov 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Actual Possession--Occupation of Part; Banks and Banking--Payment of Deposits on Forged Checks--Liability--Affirmative Defense; Banks and Banking--Payment of Check--Forged Indorsements; Cancellation of Instrument for Want of Consideration--Stauts Quo; Charities--Charitable Gift--Validity; Commerce--Interstate Commerce--Continuous Shipment--Violation of Elkins Act; Constitutional Law--Power of Judicial Department--Infringement on Executive; Conversion--Return of Goods as Defense; Conveyancing--Grantee's Name Left Blank; Courts--State Courts--Jurisdiction over National Banks; Criminal Law--Harmless Error in Admission of Evidence; Equity--Subrogation of Mortgagor to Rights of Mortgagee; Evidence--Admissibility of Statements in Corroboration of Testimony of Discredited Witness; Evidence--Other Offenses as Evidence of Offense Charged; Fixtures--Between Vendor of Chattel and Mortgagee of Land; Husband and Wife--Action Against …

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University Of Michigan Department Of Law, Annual Announcement 1911-1912 And Catalogue Of Students 1910-1911, University Of Michigan Law School Aug 1911

University Of Michigan Department Of Law, Annual Announcement 1911-1912 And Catalogue Of Students 1910-1911, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; Announcements for 1911-1912; Board of Regents; Faculty of Law; Department of Law; The Department Building; Library; Directions to Candidates for Admission; Requirements for Admission; Admission in 1911; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Courses of Instruction; Special Courses; Examinations; Theses; The Practice Court; Conveyancing; Graduate Study; Oratory; Oratorical Associations; Work in the Department of Literature, Science and the Arts; Literary Societies; Michigan Law Review; Requirements for Graduation; Certificates of Attendance; Text-Books and Books of Reference; Fees and Expenses; Summer Session; Summer Session of 1912; Students Enrolled for the …

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Recent Important Decisions, Michigan Law Review Jun 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Power of Notary Public to Take Affidavit Where He is an Attorney for One of the Parties; Bankruptcy--Effect of Discharge--Res Adjudicate; Bills and Notes--Presentment and Demand by Telephone; Constitutional Law--Commerce--State Regulation of Interstate Telegrams; Constitutional Law--community Property--Alienation Without Consent of Wife; Corporations--Criminal Responsibility--Imputation of Intent and Knowledge; Corporations--Dividends--Compulsory Declaration; Corporations--Stockholder's Right to Examine Books--Motive; Easements--Grants for Pipe Lines--Rights Acquired--Telephone Line; Evidence--Character of Disbarment Proceedings--Use of Deposition; Evidence--Uncorroborated Testimony of an Accomplice; Fraudulent Conveyances--Voluntary Conveyances--Solvency and Insolvency of Grantor; Homestead--When Liable for Debts; Husband and Wife--Exception to Presumption of Coercion--House of Ill Fame; Injunction--Action on Note by Attorney Against Client--Remedy at …

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Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Clarence E. Eldridge, Mckee Robison May 1911

Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Clarence E. Eldridge, Mckee Robison

Michigan Law Review

The Corporation Tax Decision; The Rights of Passengers in an Unregistered Automobile; Expert Testimony in Michigan; Federal Supreme Court's Jurisdiction Unalterable;

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Recent Important Decisions, Michigan Law Review May 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Appearance--appeal from Action in Rem as General Appearance; Bankruptcy--Suit by Trustee--Right to Trial by Jury; Bills and Notes--Draft by Agent on Principal--Necessity of Acceptance; Carriers--Merchandise as Baggage--Notice; Constitutional Law--Impairing Obligation of Contract--Clause of Insurance Contract Limiting the Time in Which to Bring Action; Constitutional Law--Invalidating Existing Contracts for Free Transportation; Contracts--Mutual Promises--Independent or Conditional; Courts--Supreme Court--Jurisdiction--Mandamus to Compel Entry of Judgment by Lower Court; Eminent Domain--Damages; Evidence--Confession of an Alleged Accomplice; Evidence--Statutes--Enrolled bill as Evidence; Homestead--Does Joinder of Wife to Release Dower Bar Her Homestead Right?; Insurance--Increase of Hazard; Libel and slander--Absolute Privilege--Judicial Proceedings; Parent and Child--May Parent Authorize Agent …

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Recent Important Decisions, Michigan Law Review Apr 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Conflicting Attachments; Bills and Notes--Liability of Assignee of Bill of Lading, Attached to Draft, to Consignee for Defects in the Goods; Bills and Notes--Reformation in Equity to Bind Signer of Separate Communication; Carriers--Rights of Bona Fide Assignee of a Bill of Lading; Chattel Mortgages--Sufficiency of Description as to Third Parties; Constitutional Law--Impairing Contract Obligations--Inheritance Tax--Community Property; Contributory Negligence--Negligence Imputed to Passenger; Damages--Personal injuries--Predisposition to Disease; Discovery and Inspection of Burried Human Body; Evidence--Presumptions--Law of Another State; Husband and Wife--Consortium--Is Husband's Right Impaired by Purely Physical Injury to Wife?; Insurance--Interst of Beneficiary--Prior Death; Insurance--Statements Made by Applicant--How Construed; Judgment--Collateral Attack Based …

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Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor Apr 1911

Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor

Michigan Law Review

Unliquidated Tort Claims as Provable Debts in Bankruptcy; May a State, in the Exercise of its Police Power, Regulate Insurace Rates?; Interest upon Legacies which are not Payable Until Legatee Attains Certain Age; Validity of a Classification of Banks Based Upon the Amount of Their Average Annual Deposits

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Recent Important Decisions, Michigan Law Review Mar 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accident Insurance--Accident or Disease; Antenuptial Contract; Waiver of Performance; Bankruptcy--Arrest of Bankrupt--Exemption from Arrest; Bankruptcy--Effect upon a Surety of Bankrupt's Discharge; Charities--Validity--Certainty as to Purpose of the Gift; Constitutional Law--Equal Protectin of the Laws--Abrogation of Fellow-Servant Rule; Constitutional Law--Equal Protection of the Laws--Permit to Woman Pharmacist to Sell Liquors; Constracts--Public Policy; Corporations--Injury to Minority Stockholders--Remedy by Injunction; Corporations--Nature of a Corporation--Franchises; Deeds--Specific Performance of a Condition Subsequent; Elections--Primary Elections--Failure of Nominee to File Expense Account; Evidence--Parol Testimony--Admissibility; Husband and Wife--Personal Torts Between; Husband and Wife--Subrogation of Wife to Rights of Creditors for Necessaries; Inn-Keepers--Liability for Goods of Guest--Termination of Liability; …

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The Judicial Reforms Of The Reign Of Henry Ii, Richard Hudson Mar 1911

The Judicial Reforms Of The Reign Of Henry Ii, Richard Hudson

Michigan Law Review

Inasmuch as this paper is to deal with the judicial reforms of the reign of Henry II, and more particularly with the extension of the jurisdiction of the king's court during that period, we must at the outset, for the purpose of comparison, make a brief study of the courts, their jurisdiction, and their methods of procedure at the close of Saxon and the beginning of Norman times. Mention should first be made of the courts of the hundred and of the shire, for it was in these public local courts, particularly in the former, that in early times justice …

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Note And Comment, Horace Lafayette Wilgus, John R. Rood Mar 1911

Note And Comment, Horace Lafayette Wilgus, John R. Rood

Michigan Law Review

Power of the Governor General to Expel Resident Aliens from the Insular Territory of the United States; Confusion of the Doctrine of Estoppel with that of Bona Fide Purchase for Value without Notice; The Way of the Transgressor is Easy; Duty of the Mortgagee to Give Notice and Proff of Loss Under Standard Policy

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Note And Comment, John R. Rood, Arthur J. Abbott, Allen Mck. Bond, Howard H. Campbell Feb 1911

Note And Comment, John R. Rood, Arthur J. Abbott, Allen Mck. Bond, Howard H. Campbell

Michigan Law Review

Ignorance and Mistake of Law Caused by Over-Ruled Cases; The Doctrine of Exemplary Damages in Its Application to Corporations; When is a Will Signed "At the End?": Construction of the Code Phrase "Subject of Action"

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The Gibbons V. Ogden Fetish, Fred'k H. Cooke Feb 1911

The Gibbons V. Ogden Fetish, Fred'k H. Cooke

Michigan Law Review

It was, we believe, Huxley who once said something to the effect that, as soon as one becomes an authority in science, he becomes a nuisance. In many a field of human activity, we find illustrations of the influence of a great name in retarding the progress of thought. Cuvier and Agassiz furnish notable instances in the realm of natural science. For centuries the great authority of Galen operated to paralyze progress in medicine. Still better known are instances of supposedly infallible individuals, or organizations, or writings, in retarding progress in theology. The same influence has notoriously operated in jurisprudence. …

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Recent Important Decisions, Michigan Law Review Feb 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--rights of Action Passing to Trustee--Injury to Property; Banks and Banking--Who May Question the Power of National Banks to Take Real Estate in Trust; Bills and Notes--Avoidance of Indorser's Liability by Fraudulent Representations of Indorsee; Carriers--Is the Ticket Conclusive Evidence of the Passenger's Right to be Carried?; Carriers--When does the Liability of a Carrier change to That of A Warehouseman?; Constitutional Law--Equal Protection of the Law--Right to Hunt and Fish; Constitutional law--Liberty and Freedom of Conscience--Right to Wear a Religious Garb in Public Schools--Power of the Legislature; Contracts--Implied Contracts--Persons in Family Relations; Contributory Negligence--Acts in Emergency--Emergency Caused by Party Injured--Saving …

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The Rights Of Passengers In An Unregistered Automobile, Edson R. Sunderland Jan 1911

The Rights Of Passengers In An Unregistered Automobile, Edson R. Sunderland

Articles

The State of Massachusetts by statute requires automobiles to be registered, and prohibits the operation of unregistered machines upon any public highway. While this law was in force, a party of persons went riding in an automobile whose registration had expired four days before. While they were in the act of crossing a railroad track, the automobile was struck by a locomotive, and several of the party were injured and one killed. Five actions were brought against the railroad company. There was evidence that the whistle of the locomotive had not been blown nor the bell rung as the locomotive …

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Pleading Estoppel, W. Gordon Stoner Jan 1911

Pleading Estoppel, W. Gordon Stoner

Articles

No subject is fraught with more difficulties for the pleader than that of estoppel. The problems of "when" and "how" to plead seem never so perplexing as when they arise in connection with this subject. That these problems are not confined to any day or age is evidenced by the reports from the time of Lord COKE down to the latest advance sheets of the present day reporter systems, and the lawyers of no generation have been wholly agreed on their solution. No system of pleading yet established has been free from these questions and with each general change in …

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The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus Jan 1911

The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus

Articles

After twenty-one years the Sherman Anti Trust Act has been applied to the typical combination restraining interstate commerce, which that act was designed to prevent.

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Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton Jan 1911

Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton

Articles

We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …

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Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem Jan 1911

Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem

Michigan Law Review

Returning now to the general question of the master's liability for malicious acts in cases not affected by any such special considerations as those which have just been considered, it may be premised, as has been already stated, that the tendency of the modem cases is undeniably to attach less importance to the motive with which the act was done and to give more attention to the question whether or not it can be deemed to fall within the scope of the servant's employment.

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Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison Jan 1911

Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison

Michigan Law Review

Limitation of the Amount of the Common Carrier's Liability--Hepburn Act; Surety's Right to Exoneration; Protection of Rights of Bona Fide Purchasers of Personal Property; The Time at Which a Political Aspirant Becomes a Candidate Within the Meaning of the Modern Primary Election Law; When are Letters Written by a Husband to His Wife Not Privileged?

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Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle Jan 1911

Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle

Articles

It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions …

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Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus Jan 1911

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …

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Recent Important Decisions, Michigan Law Review Dec 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks and Banking--Authority of Cashier--When Knowledge of Cashire is Not Imputed to Bank; bills and Notes--Title to Personality Retained as Collateral Security--Right of Transferee; Boundaries--Fences--Ejectment--Champerty; Charities--Religious Corporations--Torts--Respondent Superior; Constitutional Law--Due Process--Regulation of Railroad; Constitutional Law--Interstate Commerce--Use of Automatic Couplers--Police Power; Corporations--Monopolies--Collateral Contracts--Defenses; Damages--Breach of Contract--Measure of Damages; Damages--Fright Producing Miscarriage--Trespass; Deeds--Privy Examination of Marries Women Over Telephone; Estoppel--What Constitutes; Evidence--Admissibility of Declaration of Pain and Suffering; Fire Insurance--Waiver of Conditions by Agent; Husband and Wife--Right of Wife to Sue for Alienation of Husband's Affections; Judgments on the Merits, What Constitutes--Form--Nonsuit; Landlord and Tenant--collapse of Building--Liability of Tenant; Master and Servant--Acts …

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Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray Dec 1910

Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray

Michigan Law Review

Release from Liability for Death by Wrongful Act; The Power of a City to Acquire or Build Subways; Constitutionality of Legislation Designating Time and Manner of Payment of Wages; Priority in Bankruptcy Between Wage Claims and Valid Liens;

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Book Reviews, Jerome C. Knowlton, Victor H. Lane, Joseph H. Drake Dec 1910

Book Reviews, Jerome C. Knowlton, Victor H. Lane, Joseph H. Drake

Michigan Law Review

Tucker: Contracts in Engineering; Osborn: Questioned Documents--A Study of Questioned Documents with an Outline of Methods by which the Facts may be Discovered and Shown; Scott (ed. and trans.): The Visigothic Code (Forum Judicum)

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