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Due Process Of Law In Procedure, Edson R. Sunderland Jan 1921

Due Process Of Law In Procedure, Edson R. Sunderland

Articles

There are two classes of cases which may arise under the "due process" provisions of the 5th and 14th Amendments of the United States Constitution, so far as rules of procedure are concerned. One embraces cases of new remedial processes which may be criticized as too radical. The other consists of cases of old processes which may be criticized as obsolete and out of harmony with prevailing conceptions of justice. Due process may thus be said to fill the wide space between those innovations which carry us so far away from established methods as to remove the safeguards which are …

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Disqualification Of Judges By Prejudice, Edson R. Sunderland Jan 1921

Disqualification Of Judges By Prejudice, Edson R. Sunderland

Articles

Under the provisions of Section 21 of the Federal Judicial Code, Victor Berger and others, who had been indicted under the Espionage Act in the Northern District of Illinois, filed an affidavit charging Judge Landis with personal bias and prejudice against them as German-Americans, and moved for the assignment of another judge to preside at their trial. The motion was overruled by Judge Landis, and he himself presided at the trial, and the defendants were convicted and sentenced. The Supreme Court of the United States, to which the matter came on certificate, held, three justices dissenting, that Judge Landis could …

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The Suspension Of The Absolute Power Of Alienation, Oliver S. Rundell Jan 1921

The Suspension Of The Absolute Power Of Alienation, Oliver S. Rundell

Michigan Law Review

In his Nature and Sources of Law, John Chipman Gray says, "The Common Law has often been reproached with the lack of precision and certainty in its definitions, but, in truth, it is a great advantage of the Common Law, and of the mode of its development by judicial decision, that its definitions are never the matters resolved by the cases; they are never anything but dicta. If at the end of the sixteenth, or of the seventeenth, or even of the eighteenth century, there had been definitions binding by statute on the Courts; if the meaning of 'contract', and …

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Note And Comment, G L. Canfield, Edson R. Sunderland, Horace Lafayette Wilgus, George D. Clapperton Jan 1921

Note And Comment, G L. Canfield, Edson R. Sunderland, Horace Lafayette Wilgus, George D. Clapperton

Michigan Law Review

Maritime Liens - Personality of Ship - In Coal Company v. Fisheries Company (Advanced Sheets, Nov. 15, ig2o), the Supreme Court denies a lien for supplies of coal furnished the owner of a fleet of vessels for use thereon and, incidentally, brings into stronger relief the admiralty doctrine of the personality of the ship as distinguished from that of the owner. At the time the arrangement was made, the shipowner was without money or credit and could not enter upon its operations without a supply of coal for its ships and factories. The Coal Company agreed to supply its requirements …

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Recent Important Decisions, Michigan Law Review Jan 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Automobiles - Constitutionality of Statute Making Owner Liable for Injury Caused by Another's Negligent Driving The automobile of D, driven negligently by his fifteen-year-old son. injured P. In an action for damages, D offered evidence that his son took and was driving the automobile against his express orders. Held, such evidence is not admissible in view of PUBLIc AcTs or 1915, No. 302, Sec. 29, providing that if the motor vehicle is being driven at the time of the injury by an immediate member of the owner's family it shall be conclusively presumed that it was with the owner's consent …

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Constitutional Law In 1919-1920, Iii, Thomas Reed Powell Jan 1921

Constitutional Law In 1919-1920, Iii, Thomas Reed Powell

Michigan Law Review

Five of the corporations which fought in vain against exercises of the police power profited nothing from their grasp at the obligation-of-contracts clause. In Milwaukee Electric Ry. & Light Co. v. Wisconsin2 the contract relied on was a clause in the charter of a street railroad imposing on it the duty to keep the space between and near its tracks in good repair "with the same material as the city shall have last used to pave or repave these spaces and the street previous to such repairs, unless the railway company and the board of public works of said city …

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Note And Comment, Horace Lafayette Wilgus, Victor H. Lane, William C. O'Keefe, Evans Holbrook Dec 1920

Note And Comment, Horace Lafayette Wilgus, Victor H. Lane, William C. O'Keefe, Evans Holbrook

Michigan Law Review

Baseball and the Judiciary - The acceptance by Judge Kenesaw Mountain Landis of the position of supreme arbiter of professional baseball, as recently announced, raises questions of good taste if not of propriety. It has been generally assumed that Judges of the District Court of the United States have their hands amply full if they do the work incumbent upon them in a way befitting a judge of the United States. It may well be true that the salary provided by the Government is grossly inadequate, but we dare say that no one has considered that the remedy for such …

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Constitutional Law In 1919-1920 Ii, Thomas Reed Powell Dec 1920

Constitutional Law In 1919-1920 Ii, Thomas Reed Powell

Michigan Law Review

Two important cases sustained objections to applications of the federal income tax. In each there was vigorous dissent. Evans v. Gore2 held that the constitutional provision that the federal judges shall receive "a compensation which shall not be diminished during their continuance in office" applies to diminution by inclusion of that compensation in the assessment of the general federal tax on net income. The case at bar involved a tax on the i918 compensation of a judge appointed in 1899. While not directly qualified by anything in the opinion, the decision would seem to have no application to judges appointed …

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Indirect Revocation And Termination By Death Of Offers, James Lewis Parks Dec 1920

Indirect Revocation And Termination By Death Of Offers, James Lewis Parks

Michigan Law Review

In a learned and useful article, entitled "The Duration and Termination of an Offer,"1 by Professor Oliphant, which appeared in the January, 192o number of MICHIGAN LAW RvmIW, the nature of an offer to make a simple contract was considered as well as the question of when such an offer can be regarded as either revoked, or terminated. It is pointed out that where the actual state of mind of the offerer is different from his apparent state of mind that "the former must be ignored, and whenever -they happen to be identical that it may be ignored without effecting …

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Recent Important Decisions, Michigan Law Review Dec 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals - Knowledge of Vicious Propensity - Owner not Liable for Dog Upsetting Ford - The defendant's dog had been in the habit of following and barking at automobiles, and this fact was known to the defendant. The plaintiff was riding with her husband in a Ford car, when suddenly the defendant's dog jumped in front of them. By running over the dog, the car was thrown against an embankment and the plaintiff was injured. Held, that the plaintiff was not entitled to recover, there being no evidence of a vicious propensity in the dog. Melicker v. Sedlacek (Iowa, i92o), …

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Constitutional Law In 1919-1920, Thomas Reed Powell Nov 1920

Constitutional Law In 1919-1920, Thomas Reed Powell

Michigan Law Review

This review aims to include all the decisions on constitutional questions rendered by the Supreme'Court of the United States during the October Term of court which began in October, i919, and ended in June, i92o.1 The treatment for the most part contents itself with exposition. The footnotes give references to articles and editorial notes in recognized law journals commenting on the cases here reviewed and on the more important constitutional decisions of other courts.2 The classification of the cases and the arrangement of topics are not satisfactory, but no alternative seems distinctly superior. A classification on the basis of the …

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Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek Nov 1920

Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek

Michigan Law Review

A recent writer has inveighed, not without some declamation, against the use of rhetoric in the field of law-making.1 But rhetoric finds a place, and often an unprofitable one, not only in legislation, but even in technical legal analysis. Metonymy (change of name) has often been pointed out. When we say that X is the owner of blackacre, what we mean is that X has certain legal advantages concerning blackacre; in other words, that X is the holder or dominus of claims (rights) and powers concerning certain land. Synecdoche (saying more or less than i' meant) is very commonly found; …

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Constitution Of The Empire Of Japan, George A. Malcolm Nov 1920

Constitution Of The Empire Of Japan, George A. Malcolm

Michigan Law Review

In the history of the Japanese people, five dates stand out above all others. They are 66o B. 'C., when, according to legendary account, the Empire of Japan was founded .by the Emperor Jinmu; 1853, when Commodore Perry, with an American squadron, anchored offside what is now Yokohama and caused the opening of Japan to foreign intercourse; 1867-1868, when there was a restoration'of the monarchy, marking the beginning of the Meiji Era of Constitutionalism; and 1889, when the Constitution of Japan was promulgated.

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Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler Nov 1920

Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler

Michigan Law Review

James H. Brewster - Thousands of alumni and former students of the Law School will learn with deep regret of the sudden death of Professor Brewster in Denver, Colorado, on October 7, 1920.

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Recent Important Decisions, Michigan Law Review Nov 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption - Right to Inherit from Foster Parents Not Lost by Readoption by Natural Father - In an adopted child's action against the natural children of foster parents and their assigns for the partition of real estate, where it appeared that the child had been re-adopted by the natural father, and where it appeared that she had stood by while the natural children sold the property to the co-defendants, it was held that the right to inherit from the foster parents was not lost by the readoption by the natural father and that she was nct estopped to assert her …

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The Constitution And Nationalism, Henry M. Bates Jul 1920

The Constitution And Nationalism, Henry M. Bates

Articles

Dean Bates comments on the alarming trend of nationalism in America: "Blind indeed must he be who supposes that our legal and political institutions can escape profound modification by those great changes in commercial, industrial, political and social conditions which, in part, were caused by the world war, but were greatly intensified by it.... No intelligent person, who has any knowledge of history and of the protection which local government has always given to human freedom, can fail to feel a deep and at times shuddering sense of apprehension at the rapidity with which we are massing our governmental power …

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Equitable Defenses Under Modern Codes, E W. Hinton Jun 1920

Equitable Defenses Under Modern Codes, E W. Hinton

Michigan Law Review

An equitable defense to a legal right of action involves a contradiction in terms. Either the equity is no defense at all, or it has become a legal defense.

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Law Of Oil And Gas, James E. Veasey Jun 1920

Law Of Oil And Gas, James E. Veasey

Michigan Law Review

The lessor hereby grants to the lessee, his heirs and assigns, the exclusive right to mine and produce from the following described land petroleum and natural gas, with possession of so much of such land as may be necessary for such purpose.

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Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson Jun 1920

Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson

Michigan Law Review

Equity, an Analysis of Modern Equity Problems Designed Primarily for Students. George L. Clark, SJ.D., Professor of Law, University of Missouri. E. W. Stephens Publishing Co., Columbia, Mo., igig. Pp. lii, 639.

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Recent Important Decisions, Michigan Law Review Jun 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes - "Fictitious Payee" - Payee a Person Not Intended to Have Any Interest - A member of a firm, authorized to sign the firm's name, made checks payable to an existing association, which he did not intend should ever gain possession of or have any interest in such checks, merely for the purpose of obtaining money for himself, which he did by unlawfully indorsing the association's name to the checks. The plaintiff firm now seek to recover the amount of the checks, charged to their account by the defendant bank, and the defense is that the payee …

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Salient Points In The German Constitution Of 1919, Simeon E. Baldwin Jun 1920

Salient Points In The German Constitution Of 1919, Simeon E. Baldwin

Michigan Law Review

The German Constitution of i919 is the production of the right wing of those belonging to the party known as the Social Democrats, and until the fall of the empire commonly called the International Socialist ,Party.

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Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page May 1920

Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page

Michigan Law Review

In common with other systems of law, Anglo-American law has grown in part by the use of analogies; and in part, by receptions from other systems of law.

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Joinder Of Actions, Edson R. Sunderland May 1920

Joinder Of Actions, Edson R. Sunderland

Articles

There is a further striking failure which must be charged to the legal profession in America, which grows out of the one just noted, and that is its ignorance of and indifference to improvements in procedural practice developed in other jurisdictions. It is safe to say that if a new method of treating cancer were discovered and successfully employed in England; every intelligent doctor in the world would almost immediately know about it and attempt to take advantage of it. But it is equally safe to say that if a new and successful method of treating some procedural problem were …

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Power Of Congress To Declare Peace, Edward S. Corwin May 1920

Power Of Congress To Declare Peace, Edward S. Corwin

Michigan Law Review

In the course of the discussion which has been aroused in Congress by the proposal to declare hostilities with Germany at an end by joint resolution, Senator Thomas of Colorado has brought forward evidence showing that on one occasion the Convention which framed the Constitution voted down unanimously a motion to vest Congress with the power to "make peace." This evidence is good so far as it goes, but it does not support all of Senator Thomas's deductions from it, nor indeed has he given an altogether complete account of it. The proposal in question was made and rejected by …

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Recent Important Decisions, Michigan Law Review May 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Color of Title - Deed Color of Title Although Known not to Convey Title - In a suit for trespass the land which the plaintiff claimed to own was in part occupied by plaintiff's church building and the adjoining lot was used by the members of the church for hitching iheir horses and for picnics, etc. Both tracts had been so used by the plaintiff for twenty-five years or more. The land was conveyed by A to plaintiff, by deed recorded, describing the land purported to be conveyed. The defendant claimed that the deed did not operate …

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Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll May 1920

Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll

Michigan Law Review

The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.

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University Of Michigan Law School Annual Announcement 1920-1921 And Catalogue Of Students 1919-1920, University Of Michigan Law School Apr 1920

University Of Michigan Law School Annual Announcement 1920-1921 And Catalogue Of Students 1919-1920, University Of Michigan Law School

Law School Announcement and Bulletins

The Law School; Library; Directions to Candidates for Admission; Requirements for Admission; Admission as Candidate for a Degree; Combined Curriculum in Letters and Law; Admission of Special Students; Admission to Advanced Standing; Requirements for Graduation: Degrees; Regulations Applicable to All Degrees; The Law Curriculum; Fourth Year Course; Summer Session; The Practice Court; Public Speaking; Oratorical Associations; Fees and Expenses; Michigan Law Review; University Health Service; The Michigan Union; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of Study; Schedule of Work for 1920; Courses of Free Lectures; Graduates of 1919; Summary of Students;

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The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson Apr 1920

The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson

Articles

IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.

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Law Of Oil And Gas, James A. Veasey Apr 1920

Law Of Oil And Gas, James A. Veasey

Michigan Law Review

No thoughtful observer will presume to gainsay the all-important part which the oil business plays and will continue to play in the industrial, commercial and social life of the civilized world. Long before the great war this fact was deeply impressive, and was generally recognized. At the end of that conflict it was said with much truth that the Allies had floated to victory upon a sea of oil. Now, standing as we are at the threshold of a new era rich in industrial and commercial promise, no man can foresee nor even approximate the mighty expansion which will characterize …

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When Are Deeds Testamentary, Henry W. Ballantine Apr 1920

When Are Deeds Testamentary, Henry W. Ballantine

Michigan Law Review

It is no objection to a deed that it is used as a substitute for a will, to avoid the expense and delay of probate proceedings. The frequent litigation arising over such deeds, however, shows that this expedient is a* dangerous one unless the grantor uses great care to avoid certain snares and pitfalls which the law in its wisdom provides for the unwary. The grantor may attempt to accomplish his purpose either by express provisions embodied in the deed itself, or by external, collateral conditions, preserved by the delivery of the deed to a deposifory. This paper will consider …

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