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Note And Comment, Edwin C. Goddard, Victor H. Lane Jan 1920

Note And Comment, Edwin C. Goddard, Victor H. Lane

Michigan Law Review

Public Utility Valuation - Cost of Reproduction Theory and the World War - The very grave objections to the cost-of-reproduction theory of valuation of public utilities was pointed out at large in 15 MICH. L. REv. 2o5. The violent price changes following the World War have greatly increased the weight of these objections to calling anything a base which rests on such uncertainties and fluctuations as cost-of-reproduction. A base should be stable, but this has the stability Of a flying machine. There had been a rising curve of costs from 1893 to 1i16, but since that date the rise has …

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Index, Michigan Law Review Jan 1920

Index, Michigan Law Review

Michigan Law Review

Index for Volume 19 of Michigan Law Review, including a cumulative Table of Contents for Volume 19 as a whole.

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Duration And Termination Of An Offer, Herman Oliphant Jan 1920

Duration And Termination Of An Offer, Herman Oliphant

Michigan Law Review

Professor Williston has recently pointed out' the change which the law of the formation of simple contracts underwent during the first century of its development. The change is fundamental. Originally the courts thought of a simple contract as involving an actual concurrence of the minds of the parties. Gradually this conception was supplanted by the notion that the objective and not the subjective state of mind of the parties is controlling. Where the actual state of mind differs from the apparent state of mind, the former must be ignored and, whenever they happen to be identical, it may be ignored …

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Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner Jan 1920

Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner

Michigan Law Review

Just as the war has educated the public in geography, so the question of amending the organic law of the country has stimulated discussion concerning our own legal and political institutions. The amendments providing for the direct election of senators and for federal power to levy an income tax attracted little attention compared with the sudden interest in legal questions which the so-called prohibition amendment has aroused, for it touches upon a matter of very intimate personal concern to many people and one over which very heated controversies have raged. Matters involving, or which are made to involve, moral issues …

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Note And Comment, Edwin C. Goddard, Louis Kawin, Robert G. Day Jan 1920

Note And Comment, Edwin C. Goddard, Louis Kawin, Robert G. Day

Michigan Law Review

Escheat - How State Acquires Title - Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [Igo1] i Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our'alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat …

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Recent Important Decisions, Michigan Law Review Jan 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement - Liability of Notary - Where the defendant, a notary, certified that certain impersonators of the grantors were known to him, and that they were the persons who executed the deeds, and the plaintiff who accepted the deeds as security for a loan in reliance upon the certificate of the notary was defrauded, held, the defendant was guilty of negligence and must respond in damages for not fulfilling the requirements of Sec. i185 of the Civil Code: that "the acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the …

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Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake Jan 1920

Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake

Michigan Law Review

Among all the writings that have appeared on the problem of preserving the order of world society, the most searching and the most illuminating is Hart's Bulwarks of Peace. Particularly in connection with any consideration of the plan of the Paris Covenant of the League of Nations, it compellingly arrests attention.

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Copyright And Morals, Edward S. Rogers Jan 1920

Copyright And Morals, Edward S. Rogers

Michigan Law Review

The basis for national copyright legislation in this country is Article I, Section 8 of the Constitution: "The Congress shall have power * * * to promote the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries."

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Recent Important Decisions, Michigan Law Review Jan 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Abatement and Revival - Pendency of Another Action Ground for Dismissal - Plaintiff brought an action in B county to recover damages as the result of a collision between his truck and defendants automobile. The defendant had previously brought an action in P county, where he resided, against the plaintiff, for damages arising out of the same collision, which action was pending when the latter was begun. Defendant filed a plea setting up the pendency of his own action in P county and moved to dismiss plaintiff's action. Motion denied. Defendant appealed. Held, the action should have been dismissed. Allen …

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Book Reviews, Henry M. Bates, Ernest F. Lloyd Jan 1920

Book Reviews, Henry M. Bates, Ernest F. Lloyd

Michigan Law Review

Constitutional Power and World Affairs, Columbia University Lectures, on the George Blumenthal Foundation, for i918, by George Sutherland. New York, Columbia University Press, 1019, pp. vii, 202. This book is one of the most interesting and thoughtful commentaries on certain phases of our Constitution which has appeared in many years. During his two terms in the United States Senate Mr. Sutherland came to be recognized as one of the ablest constitutional lawyers of the country, and his retirement in 1917 was a distinct loss to our public life. The present book is the product not only of exact, scholarly study …

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Tyranny Of The Taxing Power, Andrew A. Bruce Jan 1920

Tyranny Of The Taxing Power, Andrew A. Bruce

Michigan Law Review

It has been frequently stated that our constitutions and our courts were made and organized for the protection of capital and of the vested interests. If this be the case, they are manifestly inadequate for their purpose, and the danger of the future is not that capital will be too much protected but that the reckless extravagance of today will continue and be increased, and that our representatives in our city councils, our state legislatures, and our national congress, who depend for their elections upon the votes of the majority who have accumulated little or nothing, will more and more …

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Note And Comment, Arvid B. Tanner, Edson R. Sunderland, Edwin D. Dickinson, Ben B. Matthews, Lewis H. Mattern Jan 1920

Note And Comment, Arvid B. Tanner, Edson R. Sunderland, Edwin D. Dickinson, Ben B. Matthews, Lewis H. Mattern

Michigan Law Review

Willard Titus Barbour.- Legal scholarship in America suffered a grievous loss in the death of Willard T. Barbour, Charles F. Southmayd Professor of Law in the Yale Law School on March 2, 1920. Indeed it is not too much to say that his loss will be felt wherever the English Common Law holds its sway, for he had dipped deep into the obscured origins of Equity Jurisdiction during his study at Oxford and in London, and was but at the beginning of a series of studies and lectures which would ultimately have developed into a comprehensive book, throwing light not …

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Note And Comment, Horace Lafayette Wilgus, Joseph H. Drake, Lester E. Waterbury, Louis Kawin, Ralph W. Aigler, Rolla L. Carpenter Jan 1920

Note And Comment, Horace Lafayette Wilgus, Joseph H. Drake, Lester E. Waterbury, Louis Kawin, Ralph W. Aigler, Rolla L. Carpenter

Michigan Law Review

Liability of Manufacturer to Remote Vendee for Defective Automobile Wheel - Plaintiff. in February. 19O. purchased from the Utica Motor Car Company, a Cadillac six-passenger touring car, manufactured by the Cadillac Motor Car Company, of Michigan. The Utica company was a dealer in motor cars, and purchased to resell; it was the original vendee, and the plaintiff was the sub-vendee.

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Recent Important Decisions, Michigan Law Review Dec 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks and Banking - Negotiable Instruments - Indorsement of Forged Check - Plaintiff, nowing that the one who signed the drawer's name was not the drawer herself, but not knowing further of signer's lack of authority, presented a check drawn on defendant bank in which bank the supposed drawer had an account but not sufficient to cover the check. The check was payable to plaintiff and indorsed by him and was placed to his credit in the bank. After discovering the forgery defendant charged tle check to plaintiff's account. Plaintiff objected to such charge. Held, that the defendant might repudiate …

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Book Reviews, Edson R. Sunderland, Edwin D. Dickinson Dec 1919

Book Reviews, Edson R. Sunderland, Edwin D. Dickinson

Michigan Law Review

Unless lawyers are an unimaginative and hopelessly backward-looking social group, as some unkind critics have asserted, they will find this book one of he most suggestive and stimulating contributions to legal literature that has appeared in recent years. It touches in a broad way the whole field of the relation of legal institutions and the legal profession to the major problems of society. It demonstr4tes in a most striking manner how those who plan and administer the machinery of the law must awake to the fact that they form the front line of civilization's defense against anarchy. And it presents …

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Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers Dec 1919

Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers

Michigan Law Review

iew in June, 1910, entitled, "The Unwary Purchaser, A Study in the Psychology of Trademark Infringement".

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Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith Dec 1919

Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith

Michigan Law Review

Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?

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Extension Of Liability Of Abstracters, Harry R. Trusler Dec 1919

Extension Of Liability Of Abstracters, Harry R. Trusler

Michigan Law Review

The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."

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Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus Dec 1919

Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus

Michigan Law Review

Effect at the Situs Rei of a Decree Ordering Conveyance of Foreign Land - In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it w9uld a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union. the "full faith …

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Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith Nov 1919

Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith

Michigan Law Review

The above specific question, upon which there is a conflict of authority, cannot be intelligently discussed without first considering some features of the general law as to conditional privilege.

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Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane Nov 1919

Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane

Michigan Law Review

The Law School- The year 1919-1920 opens with 336 sudents enrolled. These are classified as follows: Third year--85; second year--W; first year -149; special-s. As compared with 65 enrolled a year ago the present attendance is gratifying. Preliminary applscations point to a large number of entering students in February.

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Recent Important Decisions, Michigan Law Review Nov 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Boundaries - Property Conveyed - Half of "Lot" Street - Plaintiff and defendants own, respectively, the easterly and westerly halves of "lot 17" of a certain tract of land. Defendants' deed described the land conveyed to them as the "westerly one-half of lot 17" of said tract, according to a recorded map, which indicated that the western boundary of lot 17 is the center line of an avenue 6o feet wide. Plaintiff sues to quiet title to a strip of land i5 feet wide adjacent to the center line of said lot. Held, that the 3o-foot strip covered by the …

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Book Reviews, Edwin D. Dickinson Nov 1919

Book Reviews, Edwin D. Dickinson

Michigan Law Review

The collaboration in a literary and scholarly enterprise of Mr. Thomas Erskine Holland as editor, Mr. James L. Brierly as translator, and the Oxfor University Press as publisher was certain to produce a work of superior merit. They have in all respects outdone themselves in their sumptuous edition of Legnano's TRLACTATUS in the Classics of International Law. The volume contains a collotype of an early manuscript, a reproduction of the first edition, a revised Latin text, an English translation by Mr. Brierly, and an excellent biographical and bibliographical introduction by Mr. Holland. The editing has been done throughout with Mr. …

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University Of Michigan Law School Annual Announcement 1919-1920 And Catalogue Of Students 1918-1919, University Of Michigan Law School Jun 1919

University Of Michigan Law School Annual Announcement 1919-1920 And Catalogue Of Students 1918-1919, University Of Michigan Law School

Law School Announcement and Bulletins

The Law School; Library; Requirements for Admission; Admission as Candidate for a Degree; Combined Curriculum in Letters and Law; Admission of Special Students; Admission to Advanced Standing; Class Rating; Requirements for Graduation: Degrees; Regulations Applicable to All Degrees; The Law Curriculum; Special Program for Students Who Have Been in the Naval and Military Service During the War; Summer Session; The Practice Court; Literary Societies; Work in the College of Literature, Science, and the Arts; Oratory; Oratorical Associations; Fees and Expenses; Michigan Law Review; University Health Service; Michigan Union; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of …

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Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum Jun 1919

Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum

Michigan Law Review

Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act

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Book Reviews, John B. Waite, Edwin C. Goddard, Edwin D. Dickinson Jun 1919

Book Reviews, John B. Waite, Edwin C. Goddard, Edwin D. Dickinson

Michigan Law Review

The purpose of this book is, to quote from the preface, "to present a clear, accurate, and impartial study of the law in the hope of offering assistance to those who are attempting to choose a career or who are about to enter upon the profession. This necessitates a review of the nature of the law, present day legal conditions, personal and educational requirements, the dangers and disadvantages incident to practice, the high professional demands made upon the lawyer, the varied fields of service open to him, his probable earnings and emoluments,--in a word, all that has a distinct and …

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Mutual Wills, Edwin C. Goddard Jun 1919

Mutual Wills, Edwin C. Goddard

Articles

SO LATE as 1822 Sir John Nicholl is reported to have said in Hobson v. Blackburn, that a mutual, or conjoint will is an instrument "unknown to the testamentary law of this country; or, in other words, that it is upknown, as a will, to the law of this country at all. It may, for aught that I know, be valid as a compact." In Darlington v. "Pulteney, Lord MANSFIELD said, "there cannot be a joint will." Following these distinguished and learned judges, Jarman and Williams in their classical treatises accepted the statement of Sir John, and some early American …

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Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll Jun 1919

Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll

Michigan Law Review

The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'

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Administering Justice The Medical Prepossession, Clarence A. Lightner Jun 1919

Administering Justice The Medical Prepossession, Clarence A. Lightner

Michigan Law Review

This quotation is from a recent document coming from con- servative and intelligent sources, recommending as a cure for economic and commercial unrest, and other evils, the creation of a League of National Guilds.

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Recent Important Decisions, Michigan Law Review Jun 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arrest - Right of Officer to Kill when Serving Warrant for Misdimeanor- Defendant-had a warrant for the arrest of one White, charging him with being drunk and disorderly. When the defendant served the warrant, White advanced upon him with an open knife. Although the defendant had a chance to escape through an open door, he shot and wounded White. In the prosecution of defendant for shooting and wounding White, it was held that the defendant was justified in shooting him. State v. Dunning (N. C., igig), 98 S. E. 530

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