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Possession Under Mistake As Adverse Possession, Ralph W. Aigler Jan 1912

Possession Under Mistake As Adverse Possession, Ralph W. Aigler

Articles

In Wissinger v. Reed et al., 125 Pac. lO3O (Aug. 24, 1912) the Supreme Court of Washington held that actual possession of land for the statutory period would confer title upon the occupant, although the possession was under a mistaken belief of ownership. While the doctrine that title to real property may be acquired by adverse possession has been firmly established in English and American law for a great many years, no little difficulty and confusion have arisen in determining what possession is adverse, especially where the actual possession upon which the claim of title is based has been under …

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The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler Jan 1912

The Running With The Land Of Agreements To Pay For A Portion Of The Cost Of Party Walls, Ralph W. Aigler

Articles

Owners of adjoining properties, especially in cities, frequently find it advisable and advantageous to enter into arrangements whereby their buildings shall be supported by a common wall. These arrangements are ordinarily evidenced by party-wall agreements or covenants, so-called, out of which have grown a number of interesting questions. It not infrequently happens that when one owner desires to build such a wall his neighbor, for one reason or another, is not ready to join in the undertaking, so an agreement is entered into between the two adjoining owners whereby one agrees to proceed with the erection of the wall at …

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Recovery Of Salary By A De Facto Officer, W. Gordon Stoner Jan 1912

Recovery Of Salary By A De Facto Officer, W. Gordon Stoner

Articles

The de facto doctrine in the law of officers has been a continual source of difficulty to the courts for more than a century. Many questions connected with the application of this doctrine to this branch of the law have been settled beyond controversy. Even the phase of this question which the writer proposes to discuss cannot be classed as new or novel. Recent years, however, have seen the development of certain tendencies on the part of some of the American courts in the application of this doctrine, which will furnish the subject for the major part of our consideration.

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The Law In The United States In Its Relation To Religion, Edwin C. Goddard Jan 1912

The Law In The United States In Its Relation To Religion, Edwin C. Goddard

Michigan Law Review

Man is a religious being. To him, everywhere and always, religion and religious institutions have been and, will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …

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Recent Important Decisions, Michigan Law Review Jan 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Hostile Character--Possession Under Executory Contract for Sale; Bills and Notes--Bona Fide Purchase--Effect of Taking After Maturity; Bills and Notes--Bona Fide Purchase--Payment of Forged Check--Recovery of Payment; Bills and Notes--Invalidity of Note--Recovery Upon Original Consideration; Constitutional law--Due Process of Law--Situs of Ship for Purposes of Taxation; contracts--Sufficiency of Typewritten Signature; Copyright--Moving Pictures as Dramatization of Book; Corporations--Stockholder's Meetings--Effect of Withdrawal of Stockholders; Courts--The New Commerce Court--Jurisdiction--First Decision; Covenants Running with the Land--Building Restrictions; Damages--Excessiveness--Personal Injuries--Remittitur; Dead Bodies--Burial Determination of Place; Easements--Merger--Use by Owner of Servient Estate--Adverse Possession; Homicide--Burden of Proof When Insanity is a Defense; Intoxicating Liquors--Illegal Sale--"Dispensing"; Judgment--Collateral Attack--Defective …

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Book Reviews, Joseph H. Drake, Joseph H. Drake, Henry M. Bates Jan 1912

Book Reviews, Joseph H. Drake, Joseph H. Drake, Henry M. Bates

Michigan Law Review

Berolzhiemer: The World's Legal Philosophies; Stephenson: A History of Roman Law, with a Commentary on the Institutes of Gaius and Justinian; McMurdy: The Upas Tree

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The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke Dec 1911

The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke

Michigan Law Review

The visible universe, from the giant constellation down to the infinitesimal corpuscle, is in a condition of eternal movement, or, we may say, a condition of eternal transportation. Indeed, there seems to be no phenomenon more universal than this transportation. But we are to here consider it merely as a phenomenon of life, in particular, of human life. In common with other higher animals, man possesses organs that characterize him as a being eminently fitted for transportation; his arms; his legs; even his vocal organs, fitted for transportation (or transmission) of the intangible, that is, of intelligence communicated from one …

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The Recall And The Political Responsibility Of Judges, W. F. Dodd Dec 1911

The Recall And The Political Responsibility Of Judges, W. F. Dodd

Michigan Law Review

The movement for the recall of State officers is one which has became important only within the past three or four years. The first application of the recall as a modem institution in the United States appears to have been in Los Angeles in 19o3, where the institution was adopted in the amendment of the charter framed by that city. From Los Angeles the recall as applicable only to municipal officers spread to other California cities, and has now been rather widely adopted in other States. The first State constitutional amendment with respect to the recall, that of California in …

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Recent Important Decisions, Michigan Law Review Dec 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …

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Recent Interpretation Of The Sherman Act, George W. Wichersham Nov 1911

Recent Interpretation Of The Sherman Act, George W. Wichersham

Michigan Law Review

The only legitimate end and object of all government is the greatest good of the greatest number of the people. The means by which this end is attained vary in accordance with the experience and the temperament of the people. Government is necessarily more or less of an experiment at all times, but as men have been making similar experiments ever since the dawn of recorded history, the waste of repeating unsuccessful experiments of the past may be avoided by studying the records of the results of earlier effort; and, other things being equal, all thoughtful persons will agree, that …

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The Doctrine Of Survivorship And The Definition Of A Vested Remainder, Henry W. Webber Nov 1911

The Doctrine Of Survivorship And The Definition Of A Vested Remainder, Henry W. Webber

Michigan Law Review

Here probably is not a more cited case in the law of survivorships than the leading case of Moore v. Lyons, which, in 1840, firmly laid down the rule of construction that words of survivorship prima facie refer to death in the lifetime of the testator, rather than to death in the lifetime of the life-tenant. In a devise, therefore, to one for life, and from and after his death to two others (naming them), or to the survivor of them, the remainderman takes a vested interest at the death of the testator even though one of them predeceased the …

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Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr. Nov 1911

Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.

Michigan Law Review

The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute

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Recent Important Decisions, Michigan Law Review Nov 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Actual Possession--Occupation of Part; Banks and Banking--Payment of Deposits on Forged Checks--Liability--Affirmative Defense; Banks and Banking--Payment of Check--Forged Indorsements; Cancellation of Instrument for Want of Consideration--Stauts Quo; Charities--Charitable Gift--Validity; Commerce--Interstate Commerce--Continuous Shipment--Violation of Elkins Act; Constitutional Law--Power of Judicial Department--Infringement on Executive; Conversion--Return of Goods as Defense; Conveyancing--Grantee's Name Left Blank; Courts--State Courts--Jurisdiction over National Banks; Criminal Law--Harmless Error in Admission of Evidence; Equity--Subrogation of Mortgagor to Rights of Mortgagee; Evidence--Admissibility of Statements in Corroboration of Testimony of Discredited Witness; Evidence--Other Offenses as Evidence of Offense Charged; Fixtures--Between Vendor of Chattel and Mortgagee of Land; Husband and Wife--Action Against …

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Book Reviews, Henry M. Bates Nov 1911

Book Reviews, Henry M. Bates

Michigan Law Review

Dodd: The Revision and Amendment of State Constitution; Leaming: A Philadelphia Lawyer in the London Courts;

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University Of Michigan Department Of Law, Annual Announcement 1911-1912 And Catalogue Of Students 1910-1911, University Of Michigan Law School Aug 1911

University Of Michigan Department Of Law, Annual Announcement 1911-1912 And Catalogue Of Students 1910-1911, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; Announcements for 1911-1912; Board of Regents; Faculty of Law; Department of Law; The Department Building; Library; Directions to Candidates for Admission; Requirements for Admission; Admission in 1911; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Courses of Instruction; Special Courses; Examinations; Theses; The Practice Court; Conveyancing; Graduate Study; Oratory; Oratorical Associations; Work in the Department of Literature, Science and the Arts; Literary Societies; Michigan Law Review; Requirements for Graduation; Certificates of Attendance; Text-Books and Books of Reference; Fees and Expenses; Summer Session; Summer Session of 1912; Students Enrolled for the …

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The Law In Its Relation To Morals And Religion, Edwin C. Goddard Jul 1911

The Law In Its Relation To Morals And Religion, Edwin C. Goddard

Articles

"Man is a religious being... Man has never lived to himself alone. His natural state has ever been a social one, in which development and enjoyment became possible only by mutual inter-dependence and social intimacy. Government is not an invention, not a necessary evil to which men submit. On the contrary... it has been man's natural instrument for controlling and developing the social estate so essential to his very existence ... [a]nd universally this government has been more or less closely related to religious institutions."

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Front Matter, Michigan Law Review Jun 1911

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Michigan Law Review Vol 9 (1910-1911)

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The New York Employers' Liability Act, Andrew Alexander Bruce Jun 1911

The New York Employers' Liability Act, Andrew Alexander Bruce

Michigan Law Review

In the recent case of Ives v. South Buffalo Railway Company the New York Court of Appeals annulled upon constitutional grounds, the so-called Wainwright Workmen's Compensation Law which sought to impose upon employers in certain specified extra-hazardous occupations a limited liability in cases of injuries to their employees regardless of the fact as to whether the negligence of the latter might have contributed to the injury or whether the risk had been well understood and assumed. The act did not abolish or modify the common law liability of the employer in cases where contributory negligence or assumption of risk could …

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Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham Jun 1911

Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham

Michigan Law Review

The Passing of State Control over Railway Rates; Constitutionality of the New York Workmen's Compensation Act; Must a Passenger Go on the Same Train with His Baggage?; Implied Reservation of Easements; Extent of the City's Right, Under the Power of Eminent Domain, to Exemption from Liability for Consequential Damages Under the Rule of Damnum Absque Injuria;

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Recent Important Decisions, Michigan Law Review Jun 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Power of Notary Public to Take Affidavit Where He is an Attorney for One of the Parties; Bankruptcy--Effect of Discharge--Res Adjudicate; Bills and Notes--Presentment and Demand by Telephone; Constitutional Law--Commerce--State Regulation of Interstate Telegrams; Constitutional Law--community Property--Alienation Without Consent of Wife; Corporations--Criminal Responsibility--Imputation of Intent and Knowledge; Corporations--Dividends--Compulsory Declaration; Corporations--Stockholder's Right to Examine Books--Motive; Easements--Grants for Pipe Lines--Rights Acquired--Telephone Line; Evidence--Character of Disbarment Proceedings--Use of Deposition; Evidence--Uncorroborated Testimony of an Accomplice; Fraudulent Conveyances--Voluntary Conveyances--Solvency and Insolvency of Grantor; Homestead--When Liable for Debts; Husband and Wife--Exception to Presumption of Coercion--House of Ill Fame; Injunction--Action on Note by Attorney Against Client--Remedy at …

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Book Reviews, Gordon W. Stoner Jun 1911

Book Reviews, Gordon W. Stoner

Michigan Law Review

The Earl of Halsbury et al: The Laws of England, Being a Complete Statement of the Whole Law of England; Freud: Cases on Administrative Law. Selected from Decisions of English and American Courts.; Stimson: A Concise Law dictionary of Words, Phrases and Maxims. With an Explanatory list of Abbreviations used in Law Books.; Freund: Cases on Administrative Law. Selected from Decisions of English and American Courts.;

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Topical Index To Recent Legal Literature, Michigan Law Review Jun 1911

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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The State's Power Over Foreign Corporations, Harold M. Bowman May 1911

The State's Power Over Foreign Corporations, Harold M. Bowman

Michigan Law Review

This paper is devoted to a consideration of certain phases of our constitutional law governing the authority of the states over foreign corporations as that authority developed between the end of the fourth decade of the last century and the end of the first decade of this, and as it has been altered by a remarkable group of decisions rendered by the Supreme Court of the United States only about a year ago. The subject is one which concerns the frame of our institutions, for the final view which the Court shall take upon the questions involved in this matter …

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Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Clarence E. Eldridge, Mckee Robison May 1911

Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Clarence E. Eldridge, Mckee Robison

Michigan Law Review

The Corporation Tax Decision; The Rights of Passengers in an Unregistered Automobile; Expert Testimony in Michigan; Federal Supreme Court's Jurisdiction Unalterable;

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Recent Important Decisions, Michigan Law Review May 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Appearance--appeal from Action in Rem as General Appearance; Bankruptcy--Suit by Trustee--Right to Trial by Jury; Bills and Notes--Draft by Agent on Principal--Necessity of Acceptance; Carriers--Merchandise as Baggage--Notice; Constitutional Law--Impairing Obligation of Contract--Clause of Insurance Contract Limiting the Time in Which to Bring Action; Constitutional Law--Invalidating Existing Contracts for Free Transportation; Contracts--Mutual Promises--Independent or Conditional; Courts--Supreme Court--Jurisdiction--Mandamus to Compel Entry of Judgment by Lower Court; Eminent Domain--Damages; Evidence--Confession of an Alleged Accomplice; Evidence--Statutes--Enrolled bill as Evidence; Homestead--Does Joinder of Wife to Release Dower Bar Her Homestead Right?; Insurance--Increase of Hazard; Libel and slander--Absolute Privilege--Judicial Proceedings; Parent and Child--May Parent Authorize Agent …

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Topical Index To Recent Legal Literature, Michigan Law Review May 1911

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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Topical Index To Recent Legal Literature, Michigan Law Review Apr 1911

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor Apr 1911

Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor

Michigan Law Review

Unliquidated Tort Claims as Provable Debts in Bankruptcy; May a State, in the Exercise of its Police Power, Regulate Insurace Rates?; Interest upon Legacies which are not Payable Until Legatee Attains Certain Age; Validity of a Classification of Banks Based Upon the Amount of Their Average Annual Deposits

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Recent Important Decisions, Michigan Law Review Apr 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Conflicting Attachments; Bills and Notes--Liability of Assignee of Bill of Lading, Attached to Draft, to Consignee for Defects in the Goods; Bills and Notes--Reformation in Equity to Bind Signer of Separate Communication; Carriers--Rights of Bona Fide Assignee of a Bill of Lading; Chattel Mortgages--Sufficiency of Description as to Third Parties; Constitutional Law--Impairing Contract Obligations--Inheritance Tax--Community Property; Contributory Negligence--Negligence Imputed to Passenger; Damages--Personal injuries--Predisposition to Disease; Discovery and Inspection of Burried Human Body; Evidence--Presumptions--Law of Another State; Husband and Wife--Consortium--Is Husband's Right Impaired by Purely Physical Injury to Wife?; Insurance--Interst of Beneficiary--Prior Death; Insurance--Statements Made by Applicant--How Construed; Judgment--Collateral Attack Based …

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Public Regulation Of Water Power In The United States And Europe, John A. Fairlie Apr 1911

Public Regulation Of Water Power In The United States And Europe, John A. Fairlie

Michigan Law Review

The law of water rights in the United States has been for the most part regulated by the several states, subject, however, to the power of Congress to regulate interstate and foreign commerce, (which includes the control of navigation and of navigable streams in the interest of commerce) and to the control of the United States over waters on public lands and rivers on the international boundaries. The laws of the several states show considerable variation; but in respect to the use of water power, they have until within a few years been based mainly on the protection of private …

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