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Articles 1141 - 1170 of 1174
Full-Text Articles in Entire DC Network
Attorney And Client - Unlawful Practice Before Industrial Commission In Workmen's Compensation Proceedings, Charles R. Moon Jr.
Attorney And Client - Unlawful Practice Before Industrial Commission In Workmen's Compensation Proceedings, Charles R. Moon Jr.
Michigan Law Review
In forty-four states of the Union and in Alaska, Porto Rico, Hawaii, and the Philippine Islands there are workmen's compensation acts. A great majority of these acts provide for a board or commission to settle all disputes as to compensation. Practice before these boards and commissions has become a large share of the business of many lawyers and of many law firms. To them, in particular, and to the legal profession, in general, the question raised in the recent case of Goodman v. Beall is of considerable interest. In this case, suit was brought by a committee of the Ohio …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-four leading law reviews.
Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps
Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps
Michigan Law Review
Petitioners, husband and wife, residents of Texas, made returns of community income for the year 1932, listing as exempt the salary of the wife who was superintendent of a non-profit cafeteria system operated by the Ft. Worth public schools for the exclusive patronage and benefit of teachers and students. The Commissioner of Internal Revenue refused the exemption and levied a deficiency tax of $105. On appeal from an affirmance of the commissioner's decision by the Board of Tax Appeals, held, reversed on the ground that the operation of the cafeteria system was a proper exercise of a governmental function …
Attorney And Client - Unauthorized Practice Of Law, Herman J. Bloom
Attorney And Client - Unauthorized Practice Of Law, Herman J. Bloom
Michigan Law Review
A corporation sold "memberships" to the members of a fraternal order under a contract entitling the members, among other things, to the benefit of the corporation's "legal defense" in any proceeding arising out of the ownership or operation of automobiles--civil or criminal. This legal service was described in a magazine issued by the corporation, which contained a list of recommended attorneys. The members could employ their own attorneys, but were urged to employ those on the list. The corporation took no part in the management of the case and it had no salaried attorney. It had no notice of the …
Book Notes, Michigan Law Review
Book Notes, Michigan Law Review
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.
The Right Of Appeal In Criminal Cases, Lester B. Orfield
The Right Of Appeal In Criminal Cases, Lester B. Orfield
Michigan Law Review
In the conduct of a criminal proceeding certain steps are regarded as essential. The accused must be brought before the court. There must be a preliminary investigation to insure that the case is one which should be prosecuted. Notice must be given to the accused of the offense charged. He must have an opportunity to prepare for trial, procure witnesses, and make needed investigations. He should have a speedy trial. He should have a fair trial before an impartial tribunal. Finally, there should be one review of the case as a whole by a suitable tribunal. The principle of a …
Lay Encroachments On The Legal Profession, E. Smythe Gambrell
Lay Encroachments On The Legal Profession, E. Smythe Gambrell
Michigan Law Review
The holding of the Minnesota supreme court in the Otterness case that: "Neither a corporation nor a layman, not admitted to practise, can practise law, nor indirectly practise law by hiring a licensed attorney to practise law for others for the benefit or profit of such hirer" is one of many recent judicial pronouncements in defense of the legal profession. These decisions may prompt many individuals to ask why there should be a professional monopoly in the practise of law. Governmental restraint against free and unregulated practise of law is not for the purpose of advancing the individual interests of …
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Michigan Law Review
Plaintiff agreed to render legal services to defendant in an action to recover a farm, payment to be either $5,000 in cash or one-third of the appraised value of the farm at the time of a judgment in defendant's favor. The defendant recovered, but refused to pay the plaintiffs anything on the ground that the contract was in violation of a Maine statute forbidding prosecution of a suit on shares. Plaintiff sued in assumpsit for the value of services rendered and expenses incurred. Held, the contract was illegal and so no relief of any nature would be granted. Hinckley …
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Michigan Law Review
Complainant automobile club agreed to furnish its members with the services of an attorney, but not to pay judgments rendered, in any action brought by or against any member as a result of the ownership, or operation, of his automobile. Held, a contract of insurance. Allin v. Motorists' Alliance (Ky. 1930) 29 S.W. (2d) 19.
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Michigan Law Review
The plight of the public utilities following the World War has been shouted in a babel of demands for increased rates from one and all. The public has turned a doubting or hostile ear to these demands, and the utilities have overwhelmed the utility commissions with a vast mass of evidence to prove their case. None seem to have been harder hit than the electric railways. Some have ceased to operate, automobiles have already made deep cuts in their revenues, and there are not wanting those who predict that the electric railways, operating on fixed tracks, are already out of …
Trust Company In Michigan, Ralph Stone
Trust Company In Michigan, Ralph Stone
Michigan Law Review
A trust company in Michigan is a financial and business institution. It came into being, in this state -as elsewhere, in response to the need for an efficient and business-like organization to administer estates and trusts of all kinds as a relief to the individual executor, administrator and trustee. The ever -increasing complications of business and finance placed a burden upon the individual- the relative, the friend, or the business associate-which he found he could not carry without considerable sacrifice either to his own interests or to those of the trust. Those who create trusts either by will, or private …
Admission To The Bar, Edwin C. Goddard
Admission To The Bar, Edwin C. Goddard
Articles
This article is written in the belief that the hour is here when some changes in admissions to the bar should be urged and urged again, when some things often thought and discussed in certain assemblies should be openly and frankly talked over with the profession at large.
Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason
Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason
Michigan Law Review
The Death of Professor Knowlton - The loss to the Law School and to his colleagues of the law faculty in the death of Jerome Cyril Knowlton cannot be expressed. For thirty-one years, the longest period of active service ever given by any man to this Law School, Mr. Knowlton was an effective factor in the development of the institution and in the moulding of the character and the legal ideas and ideals of the thousands of graduates who have passed through the Law School into the service of community and state and country, at the bar, upon the bench, …
The Bar Examination - Its Proper Time And Length, Edwin C. Goddard
The Bar Examination - Its Proper Time And Length, Edwin C. Goddard
Other Publications
IN our day and countery the bar examiner is the St. Peter of the legal heaven. He to whom the legal St. Peter openeth not must go below and live without the legal brotherhood. It was not always so. Not so long ago the admission gate (or bar) was kept by any member of the bench. This meant it was not kept at all, for no one was denied admission, and there is still at least one of the states of our Union where every voter of the state of good moral character has the constitutional right to admission as …
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Michigan Law Review
Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school
Performance Of Legal Obligation As A Consideration For A Promise, John B. Waite
Performance Of Legal Obligation As A Consideration For A Promise, John B. Waite
Articles
At a time when the true reasonableness of the common law and its responsiveness to the actualities of life are under criticism, it is interesting to find several cases, within the past year, affirming the old rule that performance of a legal duty is not consideration for a promise. In Vance v. Ellison, (V. Va.) 85 S. E. 776, suit was brought to enjoin the enforcement of a deed of trust executed by plaintiff to defendant, to secure payment of $1000 promised for legal services. It was admitted that when the deed was executed the defendant was already bound by …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Nature Of Legal Rights And Duties, Joseph W. Bingham
Nature Of Legal Rights And Duties, Joseph W. Bingham
Michigan Law Review
One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …
Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip
Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip
Michigan Law Review
Provability in Bankruptcy of Claims Arising out of Alimony Decrees or Separation Agreements Between Husband and Wife; The Scope and Function of the Federal Employer's Liability Act; Control by the Judiciary Over the Chief Executive of a State; What Constitutes an Appearance in an Action for Divorce; The Question of the Validity of a Stipulation for Attorney's Fees Under the Negotiable Instruments Law
Recent Important Decisions, Michigan Law Review
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 …
Recent Important Decisions, Michigan Law Review
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 …
Preserving A Special Appearance, Edson R. Sunderland
Preserving A Special Appearance, Edson R. Sunderland
Articles
No personal judgment against a defendant is valid unless the court which renders it has first obtained jurisdiction over the person of such defendant. This is elementary and fundamental, and goes to the essence of the judgment. And such jurisdiction must be secured through the actual service of process upon the defendant against whom the judgment is sought or through his voluntary appearance in the action.
Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr.
Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr.
Michigan Law Review
The Execution of the Insured for Crime as a Defense to the Insurer, the Policy Being Silent as to This Contingency; The Power of a Corporation to Hold and Vote Stock of Another Corporation; Effect of an Agreement Not to Compromise Without consent of Attorney Upon Contract for Contingent Fees; The Pennsylvania Supreme Court and The Pennsylvania Railroad Company
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Concealment of Property--Bankruptcy Schedules Inadmissible Against Bankrupt on Trial for Concealing Property; Bankruptcy--Jurisdiction--Recovering Excessive Counsel Fees; Bills and Notes--Extension of Time of Payment--Release of Lien of Trust Deed; Carriers--Error in Ticket--Ejection of Passenger; Carriers--Free Pass Within Statutory Prohibition; Constitutional Law--Judgment of Sister State--Full Faith and Credit; Corporations--Promoters--Sales to Corporation; Discovery--Personal In juries--Power of Court to Compel Physical Examination of Plaintiff; Divorce--Defense--Connivance; Elections--Primary Elections--Canvassing of Votes; Eminent Domain--Interest on Award Against the Government; Eminent Domain--"Private Property"--Owner's Remedy--Injunction; Evidence--Burden of Proof--Fraudulent Conveyances; Fire Insurance--Forfeiture of Policies--"Other Insurance"; Insurance--Subrogation--Accident Insurance; Judgment--Conclusiveness of Decision of United States Commissioner on Collateral Attack; Master and Servant--Disobedience …
Recent Important Decisions, Michigan Law Reivew
Recent Important Decisions, Michigan Law Reivew
Michigan Law Review
Acknowledgment--Notary Agent of Grantee--Extra Compensation for Securing Acknowledgment; Attachment of Real Property--Conflict of Jurisdiction--Federal and State Courts; Attorney and Client--Contract Between--Fraudulent Conveyance; Bankruptcy--Preferences--Securing Attorney's Fee; Banks--Liability of Private Banker; Common Carriers--Duty to Receive Helpless Persons as Passengers--Degree of Care Required When Accepted; Common Carriers--duty Toward Hackmen at Depots--May Discriminate; Constitutional Law--Impairing Obligation of Contract--Contracts with Waterworks Companies; Constitutional Law--License for Issuing Trading Stamps; Constitutional Law--Trading Stamp Laws; Corporations--amendment of Charter--Service on--Liberty to Contract; Corporations--Constitutional Law--Pools and Trusts--Foreign Insurance Companies; Criminal law--Written instructions to Jury; damages--Fright Unconnected with Physical Injury; Deed--description--Conveyance to Trustee--Necessity of Word "heirs"--Rule in Shelley's Case--Adverse Possession; Evidence--Corporations--Books …