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The Physician As An Expert, Harry B. Hutchins

Articles

Expert evidence is evidence of a scientific or technical character in regard to a matter that is outside the domain of ordinary experience and knowledge. The evidence is usually in the form of opinions or conclusions based upon facts that for the purposes of an opinion are assumed to be true, although it may be in regard to scientific facts. The expert is one who has had special training or opportunities in a particular subject that the ordinary witness has not enjoyed, and who has thereby acquired certain habits of judgment.that render his explanations and opinions in the field of …

Need Of A National Incorporation Law, Horace Lafayette Wilgus

Articles

When the report of the Committee on Uniformity of Iegislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved.

Some Legal Aspects Of Special Assessments, Frank L. Sage

Articles

Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.

Some Legal Aspects Of Special Assessments, Frank L. Sage

Articles

Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.

Front Matter

Michigan Law Review

Front Matter for the Michigan Law Review Vol 2 (1903-1904)

Negotiable Instruments Law Its History And Its Practical Operation, Amasa M. Eaton

Michigan Law Review

July 1 1878, several leading lawyers in different states, public spirited men, issued a call for a meeting, to form an American Bar Association. Pursuant to this call seventy-five prominent members of the bar and others, interested in the proposal met at Saratoga Springs, New York, August 21, 1878, and the American Bar Association came into being.

The first object of the Association, as stated in the call for this meeting, was "to assimilate the laws of the different states," and the first article of the Constitution as then adopted and as it still stands, is as follows:

"Its object …

Note And Comment, Michigan Law Review

Michigan Law Review

Sarah Caswell Angell; The Students of the Law Department; The Conference of Commissioners on Uniform State Laws; Royal Prerogative--Treasure Trove; The Erie Canal A navigable Water of the United States; Partnership Name--An Asset of the Partnership--Right of the Purchaser to it Use; Maliciously Inducing a Breach of Contract--Lumley v. Gye;

The Law Of Reason, Fredrick Sir Pollock

Michigan Law Review

If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …

Administrative Powers Of The President, John A. Fairlie

Michigan Law Review

It is the purpose of this paper to discuss, with some effort at systematic classification the powers of the President of the United States, through which he maintains an effective and responsible control over the whole federal administration. The position of the President in this respect offers a striking contrast to that of the state governors, which is not always fully appreciated in comparisons of the state and federal governments; and an analysis of the President's authority may well suggest some inquiry as to the relative merits of the centralized executive of the federal government, and the decentralized and unorganized …

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; the Mostly Edicuation Commission; Penal Statute--"medical Attendance"--Devine Healing--Constitutional Law; Validity of a Note Given to an Unlicensed Practitioner of Medicine for Medical Services When the Note has Passed Before it is Due to a Bona Fide Purchaser for Value and Without Notice; Parties--Joining Representative of Deceased Joint Obligor--Survivors; Code Pleading--Amendment--Forms of Action; Conflict of Laws--Public Policy--Agreement ot Stifle Prosecution;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …

Recent Legal Literature, John R. Rood, Bradley M. Thompson, Harlow P. Davock, Harry B. Hutchins

Michigan Law Review

, vols 90, 91, and 92; Veeder (ed.): Legal Masterpieces--speciments of Argumentation and Exposition by Eminent Lawyers; Eastman: The Bankruptcy Law Annotated, Being the National Bankruptcy Act of 1898, as amended; Wambaugh (ed.): Littleton's Tenures in English

Recent Legal Literature, Edwin C. Goddard, Horace Lafayette Wilgus, Jerome C. Knowlton, James H. Brewster

Michigan Law Review

Tiffany: Handbook of the Law of Principal and Agent; Smith: The Modern Law of Municipal Corporations; Hughes: A concise Treatise on Contracts upon a New Plan; Kales: The Homestead Exemption Laws of the State of Illinois

Fellow Servant Doctrine In The United States Supreme Court, Albert Martin Kales

Michigan Law Review

The difficulties of the fellow servant doctrine in the United States Supreme Court have been thought to centre principally about the Ross case. The Baugh case, has been said to go far toward overruling it, and the more recent case of New England Railroad Co. v. Conroy, is now taken as overruling it in terms. Nevertheless, the writer believes that the results of all t here cases may be supported upon a common principle. This principle it is the object of this article to suggest.

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Who May Take--Competency Affected by Interest; Acknowledgement of Mortgage before Stockholder in Mortgage Corporation--Stockholder as Witness; Agency--Distinguished from Trust; Agency or Service--Telegraph Companies--Knowledge of Operator; Carrier--Refusal of Passenger to Pay Extra Fare--Assault by Conductor on Passenger While Enforcing the Company's Rules; Constitutional Law--Free Speech--Distribution of Circulars; Constitutional Law--Master and Servant--Weekly Payment of Wages; Constitutional Law--Municipal Corporations--Minimum Wage Law; Corporations--Partnership with an Individual; Corporations--Ultra Vires--Replevin Undertaking; Deed--Consideration--Bona Fide Purchaser; Eminent Domain--Appropriation of Railroad Property--compensation; Fraudulent Conveyances--Fraud on Creditors--Withholding Mortgage from Record; Fraudulent Conveyances--Loan by Wife to Husband; Garnishment--Rolling Stock--Rights of Garnishee; Guardian and Ward--Testamentary Guardian; Insurance--Pleading--Waiver--Failure of Notice and Proof--General and …

Recent Legal Literature, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem

Michigan Law Review

Dillon: John Marshall, Life, Character, and Judicial Services, as portrayed in the Centenary and Memorial Addresses and Proceedings throughout the United States, on Marshall Day 1901, and in the classic orations of Binney, Story, Phelps, Waite and Rawle; Morse: A Treatise on the Law of Banks and Banking; American State Reports. Vols. 88 and 89.

University Of Michigan Department Of Law Annual Announcement: 1903-1904 And Catalogue Of Students For 1902-1903, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Department of Law; The Department Building; Libraries; Directions to Candidates for Admission; Requirements for Admission; Admission to Advance Standing; Class Rating; Admission of Special Students; Examinations for Admission; Course of Instruction; Oratorical Associations; Literary Societies; Requirements for Graduation; Certificates of Attendance; Work in the Department of Literature, Science, and the Arts; Text-Books and Books of Reference; Fees and Expenses; Summer Session; Students.

Latest Development Of The Interstate Commerce Power, Edward B. Whitney

Michigan Law Review

The litigation under the anti-lottery act of 1895, has for the first time raised the important constitutional question whether congress, under its general power to regulate interstate commerce, can select any particular article and exclude it from interstate commerce altogether-whether the power to regulate involves the power to prohibit. For nearly a century after the foundation of the government no attempt was made by congress to restrict interstate commerce by excluding any article therefrom. Quarantine legislation, however, opened the way, and the anti-lottery act sharply raised the question of power. Lottery tickets in the earliest days of the republic were …

Collateral Attacks Based On Irregularities, John R. Rood

Michigan Law Review

Should judicial action ever be held void on collateral attack by reason of any departure from the prescribed mode of procedure? To discuss this question is the purpose of the present article. The magnitude of the subject will forbid the discussion of any specific departures or modes of procedure in detail. Numberless decisions and discussions on specific points will be found scattered through the books where these points are severally treated. If anything need be said, the comprehensive view is the one most needing attention, and least liable to receive it, because text-writers to a great extent, and the courts …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Action by Undisclosed Principal; Agency--Authority to Sell Land--Notice of Revocation by Record; Agency--Good Faith--Commissions; Bankruptcy--Intent of Insolvent; Carriers--Damages for Loss of Market--Carriage of Goods Destined for Enegies--Seizure of Ships; Constitutional Law--Cigarettes--Original Package; Constitutional Law--Municipal Corporations--Validity of Ordinance Requiring Union Label; Constitutional Law--Vested Rights--Alimony; Contract--Rescission as Affecting Rights of a Stranger to the Consideration; Contract--Public Policy--Agreement to ASsist Attorney to Secure Clients; Courts--contempt--Publication of Evidence in Newspapers; Criminal law--burglary--Sufficient Breaking; Criminal Law--Embezzlement; Damages--Exemplary--Parol License--Revocable--Trespass; Damages--Reversing Judgment for Defendant in Order to Give Plaintiff Nominal Damages; Deeds--Grantees--Constructions; Deeds--Reservation--Construction--Extent of Property; Deeds--Reservation--effectin Equity--Implied Trust; Fraudulent Conveyance--Who are Creditors--claimant in Tort Action; Highways--Street Car …

The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein

Michigan Law Review

In a work on Public Offices and Officers, the writer characterizes the question of the liability of an officer and his sureties for loss of public funds by the officer without default on his part, as ''of great interest and importance, but one upon which the authorities are in conflict." Since the publication of that work in 1890, a con­ siderable number of cases has arisen continuing the conflict, and llustrating its importance. It is proposed in this article, to state the views entertained by the courts, the extent to which they have been applied, the reasons advanced to support …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …

The Law And Justice, Charles A. Kent

Michigan Law Review

Here is often complaint that the decisions of the courts are unjust. Probably such complaints have always existed, and they may be no greater to-day than usual. Often, perhaps usually, defeated suitors feel that they have suffered injjustice. There is a public feeling that the rules of law produce much delay in criminal cases, that convictions are set aside by the higher courts for what seem trivial reasons, and that often in consequence the guilty escape. Civil cases do not attract so much public attention, but perhaps there is as great cause of complaint in the repeated trials, rendered necessary …

Rights Of Employer And Employee To Inventions Made By Either During The Relationship, Dwight B. Cheever

Michigan Law Review

The interesting and difficult question not infrequently arises, what are the respective rights of employer and employee to inventions made by either during the continuance of the relation. While the constantly occurring cases are almost always complicated by special and peculiar facts which must modify to a greater or less extent the decision to be reached in the particular case, it is believed that the following review of the controlling principles and leading cases on the subiect will be of assistance. Since the courts have repeatedly said that "no one is-antitled to a patent for that which he did not …

Note And Comment, Michigan Law Review

Michigan Law Review

Anti-Trust Act--discrimination in Favor of certain Classes--Exemption of Labor Organization; Preferences Arising from Trust Relations; Constitutional Law--Liberty of Contract--Due Process of Law--Equality of Rights; Constitution Law--Equality of Protection;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--deduction of Debts--Statute of Limitations; Agency--Authority to Indorse Negotiable Paper; Agency--Notice--Adverse Interest; Carriers--United States Mail--Liability of Railroad Company for Negligent Loss of Registered Letter; Corporation--Capital Stock--Contracts to Repurchase; Criminal law--Contempt of Court--Concerted Action to Influence Trial; Damages--Sale of Realty--Breach of Vendor's Contract; Equity--Mistake of Law--Recovery of Money Paid for Improvements on Another's Land; Landlort and Tenant--Insolvent Corporation--Accruing Rent; Limitation of Actions--Mortgages; malicious Prosecution--Abuse of Process--Sending Claim to Anothe rState for Collection to Avoid Local Exemptions; Malicious Prosecution--Cevil Cases; Malicious Prosecution--Probable Cause; Marriage--Common Law--present Consent; master and Servant--Assumption of Risk--Neglect of Statutory; Master and Servant--Assumption of Risk--Neglectof Statutory Duty; Municipal Corporations--Local …