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English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross May 1917

English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross

Michigan Law Review

In view of the part which the judges played for a4d against the first two STUARTS, and in view of the grievances of the subject under the law as administered in the ordinary courts 2 -to say nothing of the Star Chamber and the High Commission-it was to be expected that, in the great political and religious upheaval resulting from the Puritan Revolution and the ensuing Civil War, the legal edifice could not remain unshaken. As is well known, one of the early acts of the Long Parliament, in the summer of 1641, was to ab6lish the Star Chambei, the …

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Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr May 1917

Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr

Michigan Law Review

The several forms of contract will be taken up in the following order: I. the Surety Contract, including (a) the creditor's rights against the debtor, (b) the creditor's rights to sue the surety, and (c) the surety's right of reimbursement; 2. the Warranty Contracts, including (a) warranty of title, and (b) warranty of quality; 3. the Contract of Court Record; 4. the Coitract of Plighted Faith; 5. the Pledge Contract; 6. the' "Delivery-Promise"; 7. the Written Contract; and 8. the "Earnest" Contract.

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Supreme Court's Theory Of A Direct Tax, J H. Riddle May 1917

Supreme Court's Theory Of A Direct Tax, J H. Riddle

Michigan Law Review

The decision of the United States Supreme Court in the Pollock case of 1895 was the beginning of an attempt on the part of the court to formulate a new definition of a direct tax, and since that time in every case which has called for a decision as to whether a particular tax was a direct tax the court has reverted to and tried to harmonize its decision with the reasoning set forth in the Pollock case. This decision overturned a fairly definite and universally accepted definition of a direct tax which had existed for nearly a century. In …

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Recent Important Decisions, Michigan Law Review May 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy - Appointment of Receiver as Act of Bankruptcy - An insolvent corporation, against which a creditors' suit was brought in the state court, procured the appointment of a receiver therein by an answer and cross bill in the name of its president, who was a defendant, and who with one other stockholder owned the majority of the stock and controlled the corporation. Held, that the corporation applied for the appointment of a receiver within the meaning of §3a(4) of the BANKRUPTcY AcT, making such application, while insolvent, an act of bankruptcy; it being unnecessary that the application be by …

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Note And Comment, Ralph W. Aigler, John B. Waite, William L. Owen, Samuel D. Frankel May 1917

Note And Comment, Ralph W. Aigler, John B. Waite, William L. Owen, Samuel D. Frankel

Michigan Law Review

Necessity of Valid Contract to Support Escrow - In Foulkes V. Sengstqcken, (Ore. 1917) 163 Pac. 311, it is said that "A pure escrow presupposes the existence of a valid contract with sufficient parties, a proper subject matter, and a consideration. There must be an actual contract of sale on the one side and of purchase on the other, afid until there is such a contract, the instrument executed by the supposed grantor, though in form a deed, is neither a deed nor an escrow." Accordingly it was held that performance of conditions by a grantee after the grantor had …

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Interpretation Of The Eleventh Amendment, Leroy G. Pilling Apr 1917

Interpretation Of The Eleventh Amendment, Leroy G. Pilling

Michigan Law Review

The American Constitution may be compared to an organism with a high nervous development that enables it to adapt itself to changes. in its environment or even to new environments. As such an organism is the result of evolution, so is our Federal Constitution the product of centuries of human experience in the science of government. Probably most of the great political philosophers of all ages have donated their mite to the finished product. To MONTESQUIEU we owe in part, at least, our constitutional doctrine of the separation of powers.

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Reasonable Rates, Henry Hull Apr 1917

Reasonable Rates, Henry Hull

Michigan Law Review

The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.

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Recent Important Decisions, Michigan Law Review Apr 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignments - Transfer of Expectancy - A, the apparent heir of his mother, executed a warranty deed conveying to defendants his expectancy in the realty of his mother. He died during her life, and after her death his children bring suit to have the deed cancelled as a cloud on their title. Held, that the relief prayed should be granted on the ground that the complainants were not bound by the warranty of the father, as they did not take as his heirs, but as the heirs of their grandmother, only tracing relationship through the father. Johnson v. Breeding (Tenn. …

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Mild Punishments, Robert Mcmurdy Apr 1917

Mild Punishments, Robert Mcmurdy

Michigan Law Review

If life, freedom, or hope be taken from man, he is ashes. Therefore we ought not to take away any of them lightly. But some, restraint or punishment is necessary. We often miss our aim, however,'by prescribing punishments that are too severe, whereupon human nature revolts, so that it is "impossible to combine certainty with severity," a lesson we have long since learned from the experience of England.

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Note And Comment, Michigan Law Review, Thomas E. Atkinson, John R. Rood, Haddon S. Kirk, Harry G. Gault, William L. Owen, Harry J. Connine Apr 1917

Note And Comment, Michigan Law Review, Thomas E. Atkinson, John R. Rood, Haddon S. Kirk, Harry G. Gault, William L. Owen, Harry J. Connine

Michigan Law Review

The Appam Case - On March 6 last the Supreme Court handed down a unanimous decision in the appeals taken in the libel suits filed against the Appam and cargo in the District Court of the United States for the Eastern District of Virginia, affirming the decree of. restitution entered by that court.

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The Ohio "Blue Sky" Cases, Clarence D. Laylin Mar 1917

The Ohio "Blue Sky" Cases, Clarence D. Laylin

Michigan Law Review

The ancient notion that private fraud lies beyond the domain of public law did not long survive the statements of it that have been quoted.' Our legislation, expressing always the changing moral standards of the people, has directed the sanctions of the criminal law, step by step, ever against new forms of overreaching and imposition. Numerous illustrations might be cited to show the growing repugnance of the public mind toward frauds and cheats, and the tendency to recognize them as offenses invoking the restraint of public action as well as the redress of private injuries.

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Michigan's Adoption Of Uniform State Legislation, George W. Bates Mar 1917

Michigan's Adoption Of Uniform State Legislation, George W. Bates

Michigan Law Review

The commissioners on Uniform State Laws have just filed their fourth Biennial Report to the Legislature of Michigan. This Conference is a body composed of representatives of each State, Territory and Federal possession, who meet in annual conference under a permanent organization commonly designated the Commissioners on Uniform State Laws. The twenty-sixth annual meeting was held in Chicago last August. The commissioners consist very largely of lawyers and judges of standing and experience and of law teachers from some of the principal law schools. There are usually three representatives from each State or Territory, appointed for terms of three to …

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Recent Important Decisions, Michigan Law Review Mar 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Tacking - To a suit in ejectment, defendant pleaded, (z) the statute of limitations of seven years, claiming adverse possession for that length of time; (2) also twenty years' adverse possession as a basis for the presumption of a grant. The possession relied upon is partially that of defendant's predecessor, between whom and defendant there was no privity. Held, (I) the defense of the statute of limitations is without merit. Successive possessions cannot be tacked to make up the period of that statute unless connected by privity; (2) but no privity is necessary to raise the presumption …

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Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman Mar 1917

Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman

Michigan Law Review

Safeguarding the Criminal Defendant - Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing …

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Book Reviews, Evans Holbrook, Gordon Stoner Mar 1917

Book Reviews, Evans Holbrook, Gordon Stoner

Michigan Law Review

Better City Planning for Bridgeport - By John Nolen, Consultant.on City Planning. With a Report on Legal Methods of Carrying Out the Changes Proposed in the City Plan for Bridgeport. By Frank Backus Williams, of the New York Bar. Published by the City Plan Commission of Bridgeport, Connecticut 1916. pp. xx, i59.

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Extension Of Judicial Review In New York, Edward S. Corwin Feb 1917

Extension Of Judicial Review In New York, Edward S. Corwin

Michigan Law Review

There are several reasons why it should be worth while to investigate the operation of the most unique of American governmental institutions in the most important state of the Union. For one thing, in the person of Chancellor KZN" New York furnished one of the founders of American Constitutional Law, while at the same time it was KzNT's fame that early gave New York decisions the importance they still retain in great part in the field of citation and precedent. Again it was YNT'S influence that inclined the fresh shoot of constitutional jurisprudence in New York in a conservative direction, …

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Carmack Amendment In The State Courts, Wayland H. Sanford Feb 1917

Carmack Amendment In The State Courts, Wayland H. Sanford

Michigan Law Review

Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …

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Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason Feb 1917

Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason

Michigan Law Review

Simplification of Judicial Procedure in Federal Courts - In 1914 the Judiciary Committee of the House of Representatives unanimously reported favorably upon a bill (H. R. 133) authorizing the Supreme Court of the United States to prescribe by rule the forms, kind and character of the entire pleading, practice and procedure to be used in all actions and proceedings at law in the federal courts, with a view to their simplification, which rules should, when promulgated, take precedence of any law in conflict therewith. On January 2, 1917, a similar bill (S. 4551) was favorably reported from the Senate Judiciary …

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Recent Important Decisions, Michigan Law Review Feb 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession Mistake - From a decree quieting in plaintiff title by adverse possession, defendants appealed, contending that plaintiff claimed the land only under and by virtue of a will which in fact conferred no legal title, and that such a claim was not adverse. Held, assuming that plaintiff believed he was asserting legal rights only, and that his claim of title was defective, his possession would nevertheless ripen into title by adverse possession. Erickson v. Crosby, (Neb. 1916) x6o N. W. 94.

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Book Reviews, John R. Rood, Gordon Stoner Feb 1917

Book Reviews, John R. Rood, Gordon Stoner

Michigan Law Review

The Torrens System. A manual of the Uniform Land Registration Act in Virginia, to which is appended the Annotated Act, Proposed Rules of Court, and a complete System of Forms-Eugene C. Massie, Richmond, Virginia. Everett Waddey Co., i916. pp. xvii, 2o6.

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The Bar Examination - Its Proper Time And Length, Edwin C. Goddard Jan 1917

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 …

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The Patentability Of A Mental Process, John B. Waite Jan 1917

The Patentability Of A Mental Process, John B. Waite

Articles

The fact of possession has been so correlated with the theory of property that it is difficult to dissociate ownership from the possibility of physical possession. One finds that the average lawyer, even though he may defind a right in rem as a right enforcible against any person, is extremely apt, unless after especial thought, to explain that it is enforcible against anyone because it pertains to a thing capable of physical possession and control, a thing that could be actually sequestered, from all other persons. Not at all infrequently the term property has been judicially stripped even of its …

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Safeguarding The Criminal Defendant, Edson R. Sunderland Jan 1917

Safeguarding The Criminal Defendant, Edson R. Sunderland

Articles

Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing more ancient than a statutory …

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The Scope Of The Mann Act, Ralph W. Aigler Jan 1917

The Scope Of The Mann Act, Ralph W. Aigler

Articles

As was to be expected in view of the well-settled doctrine of the Supreme Court that the constitutional grant of power to regulate interstate commerce includes power of control over transportation of persons as well as property, it was held in Hoke v. United States, 227 U. S. 308, 57 L. Ed. 523, 33 Sup. Ct. 281, that the WHITE SLAVE TRAFFIC ACT of 1910 (36 Stat. 825), usually referred to as the MANN ACT, was constitutional. State legislation covering the same ground, it has been held, has been displaced. State v. Harper, 48 Mont. 456, 138 Pac. 495.

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Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner Jan 1917

Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner

Articles

There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign …

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Limitations Upon The Use, After Sale, Of Patented Articles, John B. Waite Jan 1917

Limitations Upon The Use, After Sale, Of Patented Articles, John B. Waite

Articles

In the case of Motion Picture Patents Co. v. Universal Film Co., 37 Sup. Ct. 416, the Supreme Court has just rendered a decision which reverses the much discussed case of Henry v. Dick Co., 224 U. S. 1. The opinion was by a divided court, however, as three of the justices dissented, and Justice McREYNOLDS "concurred in the result" only. It can, therefore, hardly be said to settle the ultimate rule as in contradiction to that followed in Henry v. Dick Co., and discussion of the case is of something more than mere academic value. The facts were that …

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Constitutionality Of Segregation Ordinances, John B. Waite Jan 1917

Constitutionality Of Segregation Ordinances, John B. Waite

Articles

The effort of various southern states to segregate white persons and colored ones into mutually exclusive residential districts has received a final quietus, unless the Supreme Court of the United States shall reverse itself, by the decision in Buchanan v. Warley, handed down November 5, 1917. The suit in this case was for specific performance of a contract to buy land. The contract expressly stipulated that the buyer, a colored man, was not to be held to his purchase unless he had "the right under the laws of the state of Kentucky and the city of Louisville to ocupy said …

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State Legislation Extending To Navigable Waters, Ralph W. Aigler Jan 1917

State Legislation Extending To Navigable Waters, Ralph W. Aigler

Articles

In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOLMEs dissenting, that the WORKMEN'S COMPENSATION ACT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred on navigable waters of the United States …

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The Right Of Fishing, Ralph W. Aigler Jan 1917

The Right Of Fishing, Ralph W. Aigler

Articles

While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in …

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What Service Gives Jurisdiction In Person, John R. Rood Jan 1917

What Service Gives Jurisdiction In Person, John R. Rood

Articles

On March 6th, 1917, the Supreme Court of the United States, in the case of McDonald v. Mabee, reversing the decision of the Supreme Court of Texas, in 175 S. W. 676, held that a judgment in foreclosure proceedings in which the defendant was served only by publication did not merge the cause of action so as to bar a suit on the original notes for the balance unpaid by the sale of the mortgaged property on the foreclosure, although the statute of the state declared such service sufficient to give jurisdiction in personam, and the defendant was a citizen …

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