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Fellow Servant Doctrine In The United States Supreme Court, Albert Martin Kales Nov 1903

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.

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Covenants As Quasi Contracts, Louis L. Hammon Nov 1903

Covenants As Quasi Contracts, Louis L. Hammon

Michigan Law Review

It is the scope of this article to discuss briefly certain forms of covenant with a view to determining whether in their nature they are contractual or quasi contractual. "Quasi contract may be defined as an obligation whereby one person becomes bound to another, without regard to his consent, by a legal tie similar to that arising from contract. It may exist either by statute or by common law, and, if by the latter, it may be enforced either on principle or by reason of custom. As to the cause of the obligation, it may be imposed upon a man …

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Note And Comment, Michigan Law Review Nov 1903

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;

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Recent Important Decisions, Michigan Law Review Nov 1903

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 …

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Note And Comment, Michigan Law Review Jun 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Constitutional Law--Compelling one to be a Witness Against Himself--Comparing Defendant's Shoe with Footprints; Rights in Inventions as Between Employer and Employee; Constitutional Law--Power of Legislature to Prescribe Rules of Evidence--Making Conveyance by Person Indebted Prima Facie Evidence of Intent to Defraud Creditors; Decorum of Attorney in Argument--Propriety of Appeals to the Pathetic or Sentimental; Liability of United States for Injury from Elevator in its Public Buildings--Implied Contract to Operate Safely--Case "Sounding in Tort"; Statutes Regulating the Practice of Medicine--Osteopathy; Precedents

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Recent Important Decisions, Michigan Law Review Jun 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Authority to Appoint Sub-Agents; Agency--right to Compensation; Bankruptcy--Discharge; Bankruptcy--Discharge; Banks and Banking--Crediting Depositor--Check of Another Depositor; Conflict of Laws--Legitimation of a Bastard--Status Fixed by Domicile of his Parents; Conflict of Laws--Lex Loci Fori--Right of Action in England for Acts in Foreign Country--Territorial Waters; Constitutional Law--Summary Sale of Trespassing Animals; Contract--Public Policy--General Restraint of Trade; Contract--Validity--Release of Employer for Liability to next of Kin for Injury to Employee; Elections--Right of a Party Committee to Question Eligibility of a Candidate; Fraudulent Conveyances--Contingent Fees; Insurance--Condition for Immediate Notice--Excuse; Married Women--Power to Enter into Partnership with Husband--Set off of Debt Due by Partner in …

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Recent Legal Literature, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem Jun 1903

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.

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

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.

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Note And Comment, Michigan Law Review May 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Election of Remedies--right of Party Who Rescinds Contract for Fraud to Maintain Action for Damages Caused by Entering into the Contract; Corporations--Retirement of Preferred Stock by Exchange of Mortgage Bonds Therefore--Acceptance of Amendment by Majority--contracts in Which Directors are Interested--Notice to the Shareholders--Authorization by Vote of Shareholders Interested in the Contract; Physical Examination in Personal Injury Cases

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The Right Of Foreign Corporations To Hold Land, W. A. Coutts May 1903

The Right Of Foreign Corporations To Hold Land, W. A. Coutts

Michigan Law Review

Few questions have been more prolific of litigation than those relating to the legal status of foreign corporations, and the right of foreign corporations to hold land is among the most important of those questions. The statutes of most of the states prescribe certain limitations to the acquisition and holding of land by corporations, foreign and domestic; and the tendency is to place the former upon the same basis as the latter. It is impracticable in this article to discuss those various statutes; the purpose is merely to indicate the reasoning of the courts which is in general applicable in …

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Latest Development Of The Interstate Commerce Power, Edward B. Whitney May 1903

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 …

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Collateral Attacks Based On Irregularities, John R. Rood May 1903

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 …

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Recent Important Decisions, Michigan Law Review May 1903

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 …

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Recent Legal Literature, Robert E. Bunker, Harlow P. Davock, Edward Samuel Corwin May 1903

Recent Legal Literature, Robert E. Bunker, Harlow P. Davock, Edward Samuel Corwin

Michigan Law Review

Eaton: A Treatise on Commercial Paper and the Negotiable Instruments Law; Hotchkiss: Collier on Bankruptcy (4th ed.); Howard: History of the Louisiana Purchase; Webster's International Dictionary of the English Language;

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The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein Apr 1903

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 …

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Note And Comment, Michigan Law Review Apr 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Bible Reading in the Public Schools; Telegraph Company as Agent of the Sender of a Message; Constitutional Law--Municipal Fuel Plants; Exemption--Laborer's Wages; Executors and Administrators--Statute of Limitations--Actions in Federal Courts

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Recent Important Decisions, Michigan Law Review Apr 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Nature of Relation--Distinguished from Lease; Bankruptcy--discharge--Judgment Recovered for Alienation of Affections; Banks and Banking--Savings Banks--Pass Books--Payment to Wrong Party--By-Law; Carriers--Passenger Ejected at Wrong Place--Sickness Caused by Act of Carrier; Conflict of Laws--foreign Trustees--Right to Sue; Constitutional Law--Insterstate Commerce--Tax on a Delivering Agent; contracts--Labor Union--Inducing Employer to Break Contracts; Contracts--Validity of Insurance--Property of Alien Enemy--Public Policy; Corporation--Service of Process on Agent; Descent and Distribution--To Illegitimates on the Part of their Mother; Evidence--Defective Sidewalk--Jury--Magnifying Glass; Executors and Administrators--Enforcement of Claims--Limitations; Fraudulent Conveyances--Creditor's Right to Subject Wife's Property to Payment for Improvements Made Thereon by Husband; Fraudulent Conveyances--Personal Liability of Wife for Property …

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Recent Legal Literature, James H. Brewster, Robert E. Bunker Apr 1903

Recent Legal Literature, James H. Brewster, Robert E. Bunker

Michigan Law Review

Daniel: The Elements of the Law of Negotiable Instruments; Tiffany: The Law of Real Property and Other Interests in Land; Stearns: The Law of Suretyship. Covering Personal Suretyship, Commercial Guaranties, Suretyship as Related to Negotiable Instruments, Bonds to Secure Private Obligations, Official and Judicial Bonds Surety Companies.

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University Of Michigan Summer Session Department Of Law: Ninth Annual Announcement. 1903, University Of Michigan Law School Mar 1903

University Of Michigan Summer Session Department Of Law: Ninth Annual Announcement. 1903, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Department of Law; Libraries; Registration; Requirements for Admission; Tuition Fees; Location, Expenses, Board, Etc.; credit for Work Done; Courses of Study; Regular Session of the Department of Law of the University of Michigan; Course of Free Lectures; Students; Summary of Students.

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Recent Important Decisions, Michigan Law Review Mar 1903

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 …

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Recent Legal Literature, Floyd R. Mechem, Floyd R. Mechem Mar 1903

Recent Legal Literature, Floyd R. Mechem, Floyd R. Mechem

Michigan Law Review

Daniel: A treatise on the Law of Negotiable Instruments; Voorheis: A Treatise on the Law of the Measure of Damages for Personal Injuries

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Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle Mar 1903

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.

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Recent Legal Literature, Floyd R. Mechem, Floyd R. Mechem Mar 1903

Recent Legal Literature, Floyd R. Mechem, Floyd R. Mechem

Michigan Law Review

Daniel: A treatise on the Law of Negotiable Instruments; Voorheis: A Treatise on the Law of the Measure of Damages for Personal Injuries

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Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle Mar 1903

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.

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Recent Important Decisions, Michigan Law Review Mar 1903

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 …

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The Law And Justice, Charles A. Kent Feb 1903

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 …

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Municipal Crisis In Ohio, John Archibald Fairlie Feb 1903

Municipal Crisis In Ohio, John Archibald Fairlie

Michigan Law Review

On June 26th, 1902, the supreme court of Ohio rendered three decisions which precipitated a crisis in municipal affairs in that state. For, by these decisions, the court virtually overruled a long line of precedents, and laid down a principle under which scarcely a city in the state possessed a constitutional government. In consequence, the legislature was summoned in extraordinary session to enact a new municipal code for all the cities and villages in the state. The situation was unparalleled, even in American history; and the task before the general assembly was doubtless the most important single act ofmlnicip,- 1,egislati_u …

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Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers Feb 1903

Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers

Michigan Law Review

Turning now to the Posilive side of the question, the cases show that the "privileges and immunities of citizens of a state" do include:- 1. The rizght of free ingress and egress. Dicta to this effect are found in almost every case in which the equal privileges clause" of the constitution is discussed, beginning with Corfield v. Coryell,I and coming down to and including Blake v. McClung,' the last great case upon the clause in question.3 The only case directly in point seems to be Smith v. Moody., Smith was a negro, born free within the state of Ohio, and …

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Rights Of Employer And Employee To Inventions Made By Either During The Relationship, Dwight B. Cheever Feb 1903

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 …

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Note And Comment, Michigan Law Review Feb 1903

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;

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