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Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus Nov 1905

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus

Michigan Law Review

The Law School; Unauthorized Operation by Physician; The Kansas Oil Refinery Bill; Garnishment of Public Corporations; The rule in Wild's Case Today; Effect of a complicated Form of Ballot on the Elector's Freedom of Choice; Situs of Debts for Garnishment; Malicious Interference With the Contract of Employment


Consideration V Causa In Roman-American Law, Joseph H. Drake Nov 1905

Consideration V Causa In Roman-American Law, Joseph H. Drake

Michigan Law Review

In the case of Mtembre v. Webster, decided recently (19o4) in the Supreme Court of Cape Colony, South Africa, the court (De VILLIERS, J.) says that the causa of Roman-Dutch Law* (oorsaak-German Ursache) has become for all practical purposes equivalent to the valuable consideration of the Common Law., The court says further, 'I can not find that in practice any gratuitous promises except donations-as to which there are especial rules were ever enforced by law.' Sir Frederick Pollock in commenting on this case says, "The power of the Common Law to impose its conceptions on foreign systems when opportunities occur …


Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James Nov 1905

Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James

Michigan Law Review

Our forefathers, not foreseeing that the States would some day become one country for commercial purposes, failed to vest in Congress power to regulate all commerce, but limited that body to such as was interstate or foreign. An unexpected (and by many now believed erroneous) decision by the Supreme Court of the United States1 in 1869, that a contract between citizens of different states did not constitute interstate commerce, checked the growth of that unity of law so convenient in the development of industries, national in character. For one hundred years, from 1789, when the Constitution was adopted, to 1890, …


Note And Comment, Michigan Law Review Jun 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Michigan Railroad Tax Cases; Is a vote by Machine a Constitutional Ballot?--Signing "At the End" of a Will; Another Attempt to Evade the Lottery Laws; Saving Exception on Overruling of Motion to Quash Summons; Wills Executed Without Animus Testandi; The Legal Status of a Participant in a Guessing Contest


Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Victor H. Lane, Horace Lafayette Wilgus, James H. Brewster Jun 1905

Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Victor H. Lane, Horace Lafayette Wilgus, James H. Brewster

Michigan Law Review

Wigmore: A Treatise on the System of Evidence in Trials at Common Law including the Statutes and Judicial Decisions of all Jurisdiction of the United States; Snyder: The Interstate Commerce Act and Federal Anti-Trust Laws, including the Sherman act, the act creating the Bureau of Corporations, the Elkins act, the act to expedite suits in the Federal courts, act relating to telegraph, military, and post roads, act affecting equipment of cars and locomotives of carriers engaged in interstate commerce, with all amendments, with comments and authorities, and rules of practice and forms used in practice before the Interstate Commerce …


Recent Important Decisions, Michigan Law Review Jun 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks, National--Stockholders' Liability--Statute of Limitations; Bills and Notes--Indorsements Procured by Fraud; Carriers--Drover's pass--Release from Liability; Carriers--Unreasonable Freight Rates--Interstate Commerce Act--Common Law Remedy; Chattel Mortgages--Failure to Record--Mortgagor in Possession--Estoppel; Connecting Carriers--Loss of Goods--Liability; Constitutional Law--Civil Rights--Discrimination in Licenses; Constitutional Law--Eight Hour Law--Police Power--Health Regulations; Corporations--Duplicate Stock Certificate--Indemnity; Corporations--Subscription to Stock--Liability of Subscriber; Equity--Specific Performance--Contract to Make Will; Evidence--Physicians of conflicting Schools--Competency as Witnesses; Evidence--Radiograph--X-ray; Garnishment--One Railroad as Debtor of Another; Husband and Wife--Application of Doctrine of Tenancy by Entireties to Personality; Husband and Wife--Indebtedness to Wife--Notes--Presumption of Payment; Judgment--Default--appearance; Libel--Publishing of a White Man that He is "Colored"; Master and Servant--Concurrent …


Marriage And Divorce In State And Church, Benjamin Brewster May 1905

Marriage And Divorce In State And Church, Benjamin Brewster

Michigan Law Review

When, in 1831, the French philosopher De Tocqueville visited America, he was impressed with the stability of the marriage relation. In his great work, "Democracy in America," he thus sums up the results of his observations: "There is certainly no country in the world where the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appreciated." And this acute and discerning reasoner makes a further reflection, from his stand-point as one interested in the maintenance of order and stability in the state: "Agitated by the tumultuous passions which frequently disturb …


Note And Comment, Michigan Law Review May 1905

Note And Comment, Michigan Law Review

Michigan Law Review

A Lesson in Patriotism from Pennsylvania; The Effect of a Motion by Each Party for a Directed Verdict; The Right of Privacy; Mutual Mistake as to the Quantity of Land Conveyed; The Privilege; Riparian Owner's Title to Contiguous Islands;


Recent Important Decisions, Michigan Law Review May 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …


University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School Apr 1905

University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1905-1906; Board of Regents; Faculty of Law; Department of Law; Work in the Department of Literature, Science, and the Arts; Students; Summary of Students; Officers of the Alumni Association.


Note And Comment, Michigan Law Review Apr 1905

Note And Comment, Michigan Law Review

Michigan Law Review

Statute Requiring Examination and License as Prerequisites to Ownership or Management of a Dental Office Unconstitutional; Railroad Control of the Telegraph Business; The Need of Uniform Laws Governing "Conditional Sales"; Jurisdiction of Equity over Void Instruments; Quitclaim Deed as Affecting the Question of Good Faith; Competency of a child as a Witness; Compensation for Party Walls as Between Subsequent Grantees;


Note And Comment, Michigan Law Review Mar 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Federal Safety Appliance Act as a Regulation of Interstate Commerce; Liability of Christian Science Healer for Negligence and Deceit; Iowa and the Rule in Shelley's Case; Are Conditions Imposed by the Vendor of Chattels Binding on Subsequent Purchasers? Necessity for the Personal Presence of the Accused Upon Arraignment; Unconstitutional Aids to Local Industries; Damages for Mental Suffering Unaccompanied by Physical Injury


Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle Mar 1905

Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle

Michigan Law Review

We have seen by the great weight of authority that removal for cause requires notice, charges and a chance to defend. It remains for us to discuss the most difficult question of all. What is the nature of this power? Is it judicial or executive in character? The importance of this question is two-fold. 1. If executive in nature, the courts have no power to review it by the writ of certiorari. If judicial, they have. 2. If judicial, the question arises, is it constitutional to confer such a power on an executive officer? Upon the question whether the power …


Ecclsiastical Jurisdiction In England, Edwin Maxley Mar 1905

Ecclsiastical Jurisdiction In England, Edwin Maxley

Michigan Law Review

Previous to the invasion of William the Conqueror the ecclesiastical jurisdiction in England was not at all clearly defined. Under the protection, and, as protection implies jurisdiction, under the jurisdiction of the bishops were the following: sacred persons and sacred things. Among the former were included men in orders, monks and nuns; and among the latter: churches and church-yards, books and furniture of churches, sacraments, ecclesiastical and marital rituals. So far as can be found, there were not at that time any separate ecclesiastical courts. The bishops, with the assistance of archdeacons and deans, exercised their ecclesiastical jurisdiction through the …


Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem Mar 1905

Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem

Michigan Law Review

In determining what aspect of the general question I should discuss in the brief time available, it seemed to me desirable that I should confine my attention to the constitutional aspect of the matter, leaving the discussion of the practical workings of the various laws actually enacted to those who have had more opportunity to observe them. The constitutional side of the matter has already been very ably discussed by Professor Tuttle in MICHIGAN LAW REVIEW and I do not hope to add materially to what is there said, though certain of the questions may be approached in a somewhat …


Recent Legal Lit, Edson R. Sunderland, Henry M. Bates, Gustav Stein, Gustav Stein Mar 1905

Recent Legal Lit, Edson R. Sunderland, Henry M. Bates, Gustav Stein, Gustav Stein

Michigan Law Review

Willoughby: The American Constitutional System; Ingersoll: Handbook of the Law of Public Corporations; Gilbert (ed.): Street Railway Reports, Annotated; Patterson: The United States and the States Under the Constitution


Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle Feb 1905

Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle

Michigan Law Review

Decidedly the most important and best considered debate in the history of Congress, is what Wm. Evarts calls the debate that took place in 1789 in the first session of Congress, under the Constitution, on the question of the nature of the power of the President to remove his appointees from office. The character of this debate is discussed elsewhere in this magazine." Suffice it to say that as a result it was decided then by Congress that under the Constitution the President has the absolute power of removal of all his appointees, without the assent of the Senate. This …


The Abuse Of New Trials, Everett P. Wheeler Feb 1905

The Abuse Of New Trials, Everett P. Wheeler

Michigan Law Review

It would seem a truism to state that the object of courts of justice is to do justice between the parties. Theoretically, for the purpose of promoting this object, a revision is allowed of the proceedings of the court of first instance. This is sometimes had before the full court sitting in bane, and sometimes before an appellate tribunal. But the experience of every lawyer who has much to do with the actual trial of cases and the argument of appeals, is that the decision of the appellate tribunal very often turns, not upon the merits of the case, but …


Note And Comment, Michigan Law Review Feb 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Fayerweather Will Case; Conveyance of Land Includes Building material Fitted For Use Thereon; The Waiver of Fatal Defects in an Indictment; Consolidation of Railroads and Condemnation of Shares of Dissenting Stockholders; Compulsory Vaccination; Confidential Communications Between Physician and Patient; The Law on the Panama Canal Zone;


Recent Important Decisions, Michigan Law Review Feb 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--alliams Writ--Collateral Attack; Attorneys--disbarment--Malfeasance in Office; Chattel Mortgages--Liability of Mortgagee for Selling More Property than Enough to Satisfy Debt; Conflict of Laws--Comity--Extraterritorial Effect of Laws; Constitutional Law--due Process of Law--Restraint of Insane Persons--Habeas Corpus; Constitutional Law--Eight-Hour Haw--Public contracts; Contempt--Libel of Court; Contract--Construction--Damages; Corporations--Fraud of Directors--Rights of Stockholders; Criminal Law--Habeas Corpus--Waver of Objections as to the Legality of Trial Court; Criminal Procedure--Bill of Exceptions--Presumption as to Evidence; Deeds--In Consideration of Support--Condition Subsequent--Charge Upon Land; Divorce--Alimony--Payment After Husband's Death; Elections--Conduct of Special Elections--Preparation of Ballots; Evidence--constitutional Law--Privilege--Witness; Evidence--Presumption--Suicide; Garnishment--Interests in Expectancy; Husband and Wife--Conveyance to Avoid Taxation--Trusts; Injunction--Parties--Contempt; Insurance, Fire--"Iron Safe" Clause--Waiver; …


Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Gustav Stein, Horace Lafayette Wilgus Feb 1905

Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Gustav Stein, Horace Lafayette Wilgus

Michigan Law Review

Bodington: An Outline of the French Law of Evidence; Tompkins: A Summary of the Law of Private Corporations and Cases on Corporations, prepared for use of Students in the University Law School (2nd ed.); Pollock: The Expansion of the Common Law; Parker: Where and How, A Handbook of Incorporation


The Negotiable Instruments Law With Annotations, Robert E. Bunker Jan 1905

The Negotiable Instruments Law With Annotations, Robert E. Bunker

Books

"The Negotiable Instruments Law was enacted by the Legislature of Michigan at its 1905 session and on this 16th day of September, 1905, becomes a law of the State.

Soon after the approval of the Act -- June 16, 1905, -- I undertook the work of annotating the statute and of explaining its origin, scope and purpose in such particulars as seemed to invite explanation....

I submit the result of my work -- undertaken in the hope that it might help the profession and the bankers and the business men in dealing with this statute -- to all who may …


Recent Important Decisions, Michigan Law Review Jan 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …


Examination Of The Medical Expert, Harry B. Hutchins Jan 1905

Examination Of The Medical Expert, Harry B. Hutchins

Articles

The expert witness differs essentially from the ordinary witness in at least two particulars; first, in that the field of his testimony is outside the range of ordinary knowledge and experience; and, secondly, in that his testimony in the great majority of cases is in the form of opinions or conclusions that are deemed necessary for the proper guidance of the jury. It goes without saying that the 'lawyer who undertakes the examination of the expert should have such familiarity with the subject of inquiry as will enable him to develop it through the expert logically and clearly, but unfortunately …


The Power Of The Senate To Amend A Treaty, Bradley M. Thompson Jan 1905

The Power Of The Senate To Amend A Treaty, Bradley M. Thompson

Articles

The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.


The Liability Of Water Companies For Fire Losses, Edson R. Sunderland Jan 1905

The Liability Of Water Companies For Fire Losses, Edson R. Sunderland

Articles

It is a general principle, of very wide application, that a municipal corporation, in the absence of a statute, is not obliged to undertake the execution of governmental functions respecting the health, peace or property of its citizens. Nor is such corporation liable for the insufficient or negligent execution of such functions in case it undertakes to perform them. The ground of this exemption is that the municipality, in these matters, exercises discretionary powers conferred upon it by the state, and acts, not for itself in its corporate capacity, but for the general public as an agent of the central …


The Power Of The Senate To Amend A Treaty, Bradley M. Thompson Jan 1905

The Power Of The Senate To Amend A Treaty, Bradley M. Thompson

Articles

The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.


Federal License Or National Incorporation, Horace Lafayette Wilgus Jan 1905

Federal License Or National Incorporation, Horace Lafayette Wilgus

Articles

The message of President Roosevelt and the Report of Mr. Garfield as Commissioner of Corporations, if we are not mistaken, have done, or will do, more than all the discussion of the past several years to clear the vision of the people as to what is necessary and possible to do in the way of meeting and overcoming our industrial and commercial corporation difficulties.


Note And Comment, Michigan Law Review Jan 1905

Note And Comment, Michigan Law Review

Michigan Law Review

A New Instance of the Power of Congress to Destroy by Taxation; Pleading Contributory Negligence Under the Code; Presumptions as to Delivery of Deeds; Jurisdiction of Equity to Restrain Threatened to Wrong; The Power of Courts to Allow Amendments Under the Common Law and Code Procedure; Situs of Debts; The Time Limit for Presentations of Railroad Tickets


Exit Of Doctrine Of Situs, John R. Rood Jan 1905

Exit Of Doctrine Of Situs, John R. Rood

Articles

A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States. Justices Harlan and Day dissented, and yet there is little danger that the question will again be opened; and in view of the conclusion reached, all lovers of plain, simple justice will rejoice that at last that disturber of peace and worker of iniquity in the commercial world has been deprived of its power to make the honest debtor …