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University of Michigan Law School

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University Of Michigan Department Of Law Annual Announcement 1913 - 1914 And Catalogue Of Students 1912-1913, University Of Michigan Law School Jun 1913

University Of Michigan Department Of Law Annual Announcement 1913 - 1914 And Catalogue Of Students 1912-1913, University Of Michigan Law School

Law School Announcement and Bulletins

Department of Law; Library; Directions to Candidates for Admission; Requirements for Admission; Admission as Candidate for a Degree; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Degrees; Courses of Instruction; Special Courses; Summer Session; The Practice Court; Conveyancing; Oratory; Oratorical Associations; Testimonials and Medals; Literary Societies; Work in the Department of Literature, Science, and the Arts; Text-Books and Books of Reference; Fees and Expenses; Michigan Law Review; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of Study; Courses of Free Lectures; Graduates of 1912; Students; Summary of Students;

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Relations Between Equity And Law, Wesley Newcomb Hohfield Jun 1913

Relations Between Equity And Law, Wesley Newcomb Hohfield

Michigan Law Review

At the last annual meeting of the Association of American Law Schools, Professor Walter W. COOK contributed an interesting address on Equity and its relation to Law. Taking as his more specific subject, "THE PLACE OF EQUITY IN OUR LEGAL SYSTEM," the speaker began his discussion with an extensive quotation from MAITLAND'S LECTURES ON EQUITY,--a work cordially welcomed by that distinguished scholar's many admirers upon its posthumous publication in the fall of 1909.

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Front Matter, Michigan Law Review Jun 1913

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Michigan Law Review Vol 11 (1912-1913)

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Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory Jun 1913

Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory

Michigan Law Review

Paul and the other apostles were brought before the Council of Israel for preaching the doctrines of Christ contrary to the mandates of that body. Gamaliel, a Pharisee and a doctor of the law, stood up in the Council and said: "Ye men of Israel, take heed to yourselves what ye intend to do as touching these men. And now I say unto you, Refrain from these men, and let them alone; for if this counsel or this work be of men, it will come to nought; but if it be of God, ye can not overthrow it; lest haply …

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Recent Important Decisions Jun 1913

Recent Important Decisions

Michigan Law Review

Attachment - Property in Custodia Legis; Bankruptcy - Promise After Adjudication to Pay Dischargeable Debt; Bills and Notes - Provision for Extension of Time of Payment; Bills and Notes - Transfer as Collateral for Pre-Existing Debt; Carriers - Ticket Not Conclusive Evidence of Contract of Carriage; Constitutional Law - Race Discrimination in Selection of Jury; Corporations - Rights of Pledgor of Stock; Courts - English the Official Language of the Phillippines; Evidence - Declarations as to Pedigree; Evidence - Expert Testimony; Husband and Wife - Power of Husband to Dispose of his Personalty by Gift Causa Mortis; Insurance - Liability …

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Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema Jun 1913

Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema

Michigan Law Review

The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …

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Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills May 1913

Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills

Michigan Law Review

Pecote: A Bit of Legal Archaeology - -In the case of Pusey v. Pusey, I Vern. 273 (1684), the "bil was, that a -horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in …

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Recent Important Decisions May 1913

Recent Important Decisions

Michigan Law Review

Banks and Banking - Right to Set-off Deposit Against Debt Due Bank - L. Bank set off a matured debt due to it by a depositor against the amount due by the bank to the depositor, all of which was done after the death of the depositor and after appraisers appointed to set apart a year's support to his widow had made a return, setting apart the amount due by the bank to the decedent. Held, that the bank exercised its right of setoff too late, Luthersville Banking Co. v. Hopkins (Ga. 1913) 77 S. R: 589.

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Is The Doctrine Of Consideration Senseless And Illogical, Henry Winthrop Ballantine Apr 1913

Is The Doctrine Of Consideration Senseless And Illogical, Henry Winthrop Ballantine

Michigan Law Review

In a recent article Dean ASHLEY, a distinguished authority on contracts, takes the somewhat paradoxical position of being at the same time counsel for the defense and also prosecutor of the doctrine of consideration. While defending it against various relaxations and modifications which have been suggested to accomplish more rational and just results, which he denounces as subterfuge and unwarranted usurpation of legislative power by the courts, he also, as it were, saws off the branch he is sitting on, by contending that the time has now come, either for the courts themselves to overrule the entire doctrine, or for …

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Dissatisfaction With Our Judges, C A. Kent Apr 1913

Dissatisfaction With Our Judges, C A. Kent

Michigan Law Review

Dissatisfaction with our judges is no new thing. It existed with the United States Supreme Court in the time of Chief Justice MARSHALL, the greatest of American jurists, after the Dred Scott decision, after the conflicting decisions on the power of Congress to make the government notes a legal tender, and at other times. Probably there is no one of the older states where dissatisfaction with the state courts has not been sometimes acute.

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Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram Apr 1913

Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram

Michigan Law Review

The Effect of the Carmack Amendment to the Hepburn Act Upon State Laws as to Limitation by Contract of the Amount of the Liability of a Common Carrier - Three recent decisions of the Supreme Court of the United States involving the construction, of the Carmack Amendment to the Hepburn Act may be considered together, as the second was governed wholly and the third largely by the decision of the first. In the first case plaintiff delivered to defendant express company at Cincinnati, Ohio, a diamond, ring consigned to Augusta, Georgia. The package was never delivered, and plaintiff recovered judgment …

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Recent Important Decisions Apr 1913

Recent Important Decisions

Michigan Law Review

Bankruptcy - Jurisdiction Depending on Principal Place of Business, Residence or Domicile - B, a domiciled resident of New York, employed by an express company in New York City in the capacity of a rate clerk, moved to New Jersey in igo8 for the purpose of acquiring a residence which would give the courts of that state jurisdiction of a contemplated divorce proceeding against his wife. He retained his position with the express company in New York, and in 1911 he secured a divorce in New York, the sole ground of jurisdiction of the New York court being that the …

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Debt, Assumpsit, And Consideration, W S. Holdsworth Mar 1913

Debt, Assumpsit, And Consideration, W S. Holdsworth

Michigan Law Review

Lord Mansfield is said to have remarked that "nothing in law is so apt to mislead as a metaphor;"' and if the remark is applied to branches of the law, the principles of which are fully developed and abundantly illustrated by decided cases, it is doubtless very true. But the historian of law, who looks at the efforts of the courts to create these principles 'by the expansion and adaptation of a few narrow remedies, will not be inclined to undervalue the use of the metaphor or analogy, 'when used to give effect to the requirements of public policy, and …

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Ingenuity Of The Infringer And The Courts, Edward S. Rogers Mar 1913

Ingenuity Of The Infringer And The Courts, Edward S. Rogers

Michigan Law Review

The person who imitates a trademark has by common consent come to be described as a "pirate." At the time the designation was first applied, it was more or less appropriate. The pirate saw and coveted his neighbor's successful business, and like any MORGAN, TEACH, SHARKEY, or L'OLLONOIS, sighting a fat galleon laden with plate wallowing in the trade winds, homeward bound from the Indies, he laid himself alongside and took what he wanted. He counterfeited marks and labels as exactly as he could, not as he dared. There was no limit to his impudence. He was deterred only by …

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Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel Mar 1913

Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel

Michigan Law Review

The Character of User In Prescription - As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during -the endure prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 …

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Recent Important Decisions Mar 1913

Recent Important Decisions

Michigan Law Review

Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …

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Recall Of Judges And Of Judical Decisions, Howard Weist Feb 1913

Recall Of Judges And Of Judical Decisions, Howard Weist

Michigan Law Review

We live in an age when courts are attacked, judges condemned for obeying the constitution, and representative government is ridiculed and sought to be destroyed. The wish of socialists has become the political ethics of near-socialists and many other citizens. It has become popular to rail against the authority 'of courts; to demand that courts shall no longer be conservators of constitutional guarantees; that judges shall serve under the fear of recall; and representative government shall give way to an absolute democracy. Has political wisdom waited for the year 1912, only to offer us socialism and the worn out and …

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Note And Comment, George S. Burgess, Samuel H. Morris, William T. Hoffman Feb 1913

Note And Comment, George S. Burgess, Samuel H. Morris, William T. Hoffman

Michigan Law Review

Ten-Hour Labor Laws - The United States Supreme Court will soon have another opportunity to pass on the questions involved in that thorn. in the flesh of social reformers-the Bakeshop Case-if, as is probable, a case recently decided by the Mississippi Supreme Court is carried higher. Last year Mississippi enacted a sweeping ten-hour law making it unlawful for persons, firms or corporations engaged, in manufacturing or repairing "to work their employees more than ten hours per day except in cases of emergency or -where public necessity requires." Defendant, engaged in the manufacture of lumber and in the repair of its …

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Interlocking Corporations, Harold M. Bowman Feb 1913

Interlocking Corporations, Harold M. Bowman

Michigan Law Review

Once more a striking phrase has suddenly become a part of our everyday speech and with it a cause, though it is as yet a more or less indefinite cause, has found a measure of prosperity. It is an effective phrase, one in which an advertising agent or a seeker of political catch words must take a pure delight. "Interlocking directorates." You do not have to hear it often to find yourself thinking of the boards of directors of many of the big corporations in the land as mortised and fitted to work in perfect unison-an interlocking, interchangeable, intercorporate marvel …

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Executive Legislative And Judical Recognition Of International Law In The United States, Charles G. Fenwick Feb 1913

Executive Legislative And Judical Recognition Of International Law In The United States, Charles G. Fenwick

Michigan Law Review

The indefiniteness which attends both the concept and the con- tent of what is known as international law will sufficiently explain why it is difficult to -determine the exact relation which that body of law which regulates the conduct of states bears to the domestic law of each individual state. First of all, jurists are not agreed as to whether international law deserves to be called law in any real sense. The followers of the school of AUSTIN who, restrict law to the category of commands imposed by a political superior upon a political inferior, naturally refuse to recognize the …

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Amending State Constitutions, J B. Whitfield Feb 1913

Amending State Constitutions, J B. Whitfield

Michigan Law Review

In the dual system of Federal and State government as it exists in the United States of America, the constitution is the solemnly formulated chart by which the people of a State in their sovereign capacity prescribe the limits within which the natural rights of persons may be regulated by law for the public welfare, and define and limit the authority, powers and duties of those who are charged with the administration of the government of the State. The existing constitution of a State is the last and paramount word of authority and control from the sovereign people; and its …

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Recent Important Decisions Feb 1913

Recent Important Decisions

Michigan Law Review

Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …

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Leading And Illustrative Cases: With Notes On The Law Of Judgments, Attachments, Garnishments And Executions, John R. Rood Jan 1913

Leading And Illustrative Cases: With Notes On The Law Of Judgments, Attachments, Garnishments And Executions, John R. Rood

Books

The prior edition being exhausted, this one became necessary. The scope of the book has been considerably changed by developing the law of jurisdiction and the estoppel by judgments. Room for this has been obtained by dropping some of the less important cases on other topics. In several instances a case has been displaced by another on the same point, because thought to cover the matter better.

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Directory Of The Law Class Of 1913 Jan 1913

Directory Of The Law Class Of 1913

Yearbooks & Class Year Publications

Directory of the Law Class of 1913.

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Compulsory Service In Office, W. Gordon Stoner Jan 1913

Compulsory Service In Office, W. Gordon Stoner

Articles

It was "the policy of prudent antiquity," as Lord COKE has said, "that officers did ever give a grace to the place, and not the place only grace (to) the officer."1 A modern expression of a similar thought is found in the maxim, "the office should seek the man and not the man, the office." Have we Americans reversed the process? Have we lost sight of these ideals? Certain it is that some popular notions which are not consistent with the spirit of these maxims have grown up in this country. Offices have come to be regarded too much as …

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The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland Jan 1913

The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland

Articles

Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …

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The Department Of Law And The State, Henry M. Bates Jan 1913

The Department Of Law And The State, Henry M. Bates

Articles

We are living in a period of extraordinary unrest. The spirit of criticism is prevalent, and no belief or creed, no institution is exempt from this questioning spirit of the time. Among social institutions perhaps none is being more relentlessly subjected to attack than the law as administered in our courts and practiced by our lawyers. It is true that much of the criticism leveled at legal institutions is unreasonable and is based upon ignorance or prejudice, but there remains a residuum of complaint which is well founded. In the very nature of things law and its administration always have …

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Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates Jan 1913

Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates

Articles

That the practice of law and the administration of justice are under the fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and what are we lawyers going to …

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The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard Jan 1913

The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard

Articles

Two cases, decided by the Supreme Court of the United States on March 1O, 1913, may be considered together. They are developments of the cases reviewed in 11 MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of "household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed a judgment against the carrier for the full value. 91 Ark. 97, 121 S. W. 932, 134 A. S. R. 56. On …

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Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus Jan 1913

Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus

Articles

To arrive at a safe conclusion as to the validity of legislation. providing for teachers' pensions requires some consideration of all pension legislation. A pension is defined by BOUVIER as "A stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services performed by him for the country;"1 "a periodical allowance of money granted by the government for services rendered;"2 "a stated payment to a person in consideration of the past services of himself or of some kinsman or ancestor;"3 "an annuity from the government for services rendered in the past;"4 "a …

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