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Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus Jan 1914

Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus

Articles

PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1

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Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland Jan 1914

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

Michigan Law Review

Criticism of the law, the courts, and the legal profession is one of the popular customs of the day. So constantly and so insistently are we told of the shortcomings of the Bench and Bar that it is hard to hold one's footing against the sweep of the current. One might well suppose from all the clamor that the ancient respectability of the law had suddenly been discovered to be a monstrous pretense, a fraud on the innocence and trustfulness of the people, a cloak for injustice and a mask for oppression.

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Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler Jan 1914

Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler

Michigan Law Review

Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …

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Recent Important Decisions Jan 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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On Uniformity In Judical Decisions Of Cases Arising Under The Uniform Negotiable Instruments Act, Amasa M. Eaton Dec 1913

On Uniformity In Judical Decisions Of Cases Arising Under The Uniform Negotiable Instruments Act, Amasa M. Eaton

Michigan Law Review

When the American Bar Association was formed in 1878, the first object stated in the call was "to assimilate the laws of the different states," and the first article of the Constitution stated that one of the principal objects of the Association was "to advance the science of jurisprudence, to promote the administration of justice and uniformity of legislation throughout the Union."

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Constitutionality Of Teachers' Pensions Legislation Ii:The Validity Of The Proposed Michigan Law, Continued, Horace L. Wilgus Dec 1913

Constitutionality Of Teachers' Pensions Legislation Ii:The Validity Of The Proposed Michigan Law, Continued, Horace L. Wilgus

Michigan Law Review

We considered the constitutionality of Sections I, and II, of the proposed act in the former paper.

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Recent Important Decisions Dec 1913

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall Dec 1913

Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall

Michigan Law Review

What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …

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Book Reviews, Evans Holbrook, Henry M. Bates Dec 1913

Book Reviews, Evans Holbrook, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.

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Nature Of Legal Rights And Duties, Joseph W. Bingham Nov 1913

Nature Of Legal Rights And Duties, Joseph W. Bingham

Michigan Law Review

One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …

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Constitutionality Of Teachers' Pensions Legislation Ii: The Validity Of The Proposed Michigan Law, Horace L. Wilgus Nov 1913

Constitutionality Of Teachers' Pensions Legislation Ii: The Validity Of The Proposed Michigan Law, Horace L. Wilgus

Michigan Law Review

In the preceding paper, we considered pension legislation in general -- its extent, forms, purpose, and relation to the taxing power of the state and nation. It is proposed in this paper to discuss in detail the provisions of the proposed Michigan teachers' pension law in the light of the general principles, set forth in the former paper, with reference to specific constitutional provisions, and the decisions of the courts upon-the validity of pensions for firemen and policemen which are similar in many respects to teachers' pension systems, together with such decisions as have been made concerning the constitutionality of …

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Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler Nov 1913

Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler

Michigan Law Review

The Law School -As a result of the increased requirements for admission, which are now in their second year of operation, the attendance at the Law School is less than that of last year, though the decrease is less than was anticipated at the time of the adoption of the higher requirements. The entering class (the second, under the new standard) is about thirty larger than that of last year. There are no changes in the teaching staff, and none of great importance in the curriculum.

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Recent Important Decisions Nov 1913

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Book Reviews, Henry M. Bates Nov 1913

Book Reviews, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.

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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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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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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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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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