Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 16021 - 16050 of 16370

Full-Text Articles in Entire DC Network

Recent Legal Literature, William J. Meyers, William J. Meyers, Joseph H. Drake, Jerome C. Knowlton, Victor H. Lane, Robert E. Bunker, Frank L. Sage, Joseph H. Drake, Frank L. Sage Feb 1906

Recent Legal Literature, William J. Meyers, William J. Meyers, Joseph H. Drake, Jerome C. Knowlton, Victor H. Lane, Robert E. Bunker, Frank L. Sage, Joseph H. Drake, Frank L. Sage

Michigan Law Review

Noyes: American Railroad Rates; Meyer: Railway Legislation in the United States; Diccy: Lectures on the Relation between Law and Public Opinion in England During the Nineteenth Century; Page: Law of Contracts; Camp: The Encyclopaedia of Evidence; Clement: Fire Insurance as a Void Conttract and as Affected by Construction and Waiver of Estoppel, including miscellaneous provisions and an analysis and comparison of the various standard forms, all reduced to rules with the relevant statutory provisions of all the states. Volume II.; Woodruff: A Selection of Cases on Domestic Relations and the Law of Persons; Kinkead: …

Go to article

University Of Michigan Department Of Law Annual Announcement 1906-1907 And Catalogue Of Students For 1905-1906, University Of Michigan Law School Jan 1906

University Of Michigan Department Of Law Annual Announcement 1906-1907 And Catalogue Of Students For 1905-1906, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1906-1907; Board of Regents; Faculty of Law; Department of Law; The Department Building; Directions to Candidates for Admission; Requirements for Admission; Admission to Advanced Standing; Class Rating; Examinations for Admission; Courses of Instruction; Special Courses; Examinations; Theses; The Practice Court; Conveyancing; The Graduate Course; Roman Law; Mathematics of Annuities and Insurance; Elocution and Oratory; Oratorical Associations; Literary Societies; Requirements for Graduation; Certificates of Attendance; Work in the Department of Literature, Science, and the Arts; Master's Degree in Arts or in Science; Text-Books and Books of Reference; Fees and Expenses; Summer Session; Students;

Go to article

Recent Important Decisions, Michigan Law Review Jan 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Anti-Trust Law--Police Power--Restraints of Trade--Necessity of Intent; Banks and Banking--Collection--Negligence; Bills and Notes--Demand for Payment; Boycott--Injunction Against Labor Union; Collateral Inheritance Tax--Land in Another State; Constitutional Law--Revoking License; Constitutional Law--Tax on Lawful Vocation; Corporation--Taxation of Assets--Trust and Insurance Company; Criminal Law--Instructions--Questions of Law and Fact; Criminal Law--Subject of Statutory Forgery; Damages--Breach of Contract--Loss of Future Profits; Deeds--Consideration--Promise to Support; Deeds--Implied Fee--Fee on Fee; Deeds--Uncertain Grantee--Heirs of Living; Deeds--Variance Between the Granting Clause and the Habendum; Divorce--Alimony--Payment after Husband's Death; Eminent Domain--Abandonment of Railroad Crossing--Damages; Evidence--Handwriting--Comparison; Game--Prohibition of Sale Applies to that Taken in Another State; Insolvency--State's Priority Over Other Creditors--Costs …

Go to article

The Investigation Of Corporate Monopolies, Edson R. Sunderland Jan 1906

The Investigation Of Corporate Monopolies, Edson R. Sunderland

Articles

The Supreme Court of the United States has recently given a clear and brief statement of its views respecting the right of a corporation officer to refuse to testify on the ground that his testimony may subject the corporation to a criminal prosecution. Hale v. Henkel, 26 Sup. Ct. Rep. 370. Hale was summoned before a grand jury in a proceeding under the Sherman anti-trust act, and upon being interrogated respecting certain transactions of the MacAndrews & Forbes Co., of which he was Secretary and Treasurer, refused to answer, on the ground that the Federal immunity law was not broad …

Go to article

Compelling The Production Of Corporation Books And Papers, Edson R. Sunderland Jan 1906

Compelling The Production Of Corporation Books And Papers, Edson R. Sunderland

Articles

Hale, the plaintiff in the case of Hale v. Henkel, supra, was served with a subpoena duces tecum, commanding him to produce before the grand jury all contracts, memoranda, correspondence, reports, letters, etc., having to do with the business of the MacAndrews & Forbes Company. He pleaded immunity from the operation of the subpoena under the 4th amendment, which prohibits unreasonable searches and seizures. The Court held that an order for the production of books and papers may constitute an unreasonable search and seizure within the 4th amendment.

Go to article

Constitutional Privileges In The Philippine Islands, Edson R. Sunderland Jan 1906

Constitutional Privileges In The Philippine Islands, Edson R. Sunderland

Articles

About a year ago an appeal was decided in the Supreme Court of the United States which came up from the Supreme Court of the Philippine Islands, involving the question of the right of the government to appeal in a criminal case and to secure a conviction after an acquittal below. That case was Kepner v. United States, 195 U. S. 100. The court held, by a vote of five to four, that proceedings in error instituted by the government after an acquittal in the trial court, had the effect of placing the accused twice in jeopardy for the same …

Go to article

The Compensation Of Medical Witnesses, Harry B. Hutchins Jan 1906

The Compensation Of Medical Witnesses, Harry B. Hutchins

Articles

The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt.1 But there are limitations upon the general rule, some based upon principles of legal policy and some upon …

Go to article

Front Matter Jan 1906

Front Matter

Michigan Law Review

Front Matter for the Michigan Law Review Vol 4 (1905-1906)

Go to article

Federal Regulation Of Quarantine, W. E. Walz Jan 1906

Federal Regulation Of Quarantine, W. E. Walz

Michigan Law Review

During the recent excitement in the South caused by the sudden appearance of yellow fever and the consequent recrudescence of the shotgun quarantine an event has happened that might well attract the attention of every thoughtful citizen of the United States: the surrender of a very essential part of the police power of the State of Louisiana to the Public Health and Marine Hospital Service of the Federal Government. made on the plea of absolute necessity and on the principle that self-preservation is nature's first law. The Governor of the State assumed full responsibility for this surrender, and he had, …

Go to article

Note And Comment, George Luther Clark, Henry M. Bates, John R. Rood, Horace Lafayette Wilgus, John R. Rood Jan 1906

Note And Comment, George Luther Clark, Henry M. Bates, John R. Rood, Horace Lafayette Wilgus, John R. Rood

Michigan Law Review

The Effect of Abandonment on the Contract of Affreightment; The constitutionality of Statutory Restriction Upon Sales of Merchandise; Constitutionality of State Laws as to Service of Process on Foreign Corporations; Creditors' Right to Hold Shareholders Liable on Corporate Stock Issued for Property Valued on the Basis of Prospective Profits; Heirs as Grantees with Mixed Estates of Entirety to Parents

Go to article

Constitutionality Of The Indiana Anti-Cigarette Law, Thomas A. Sims Dec 1905

Constitutionality Of The Indiana Anti-Cigarette Law, Thomas A. Sims

Michigan Law Review

The recent act of the Indiana General Assembly, known as the "Indiana Anti-Cigarette Law," is the third act of its kind to be passed by a state legislature. In 1896 the State of Iowa enacted a similar law, and the year following, Tennessee did the same. In the years intervening between these acts and the present act similar bills have been introduced in various legislatures over the country but none of them has passed. The passage of the act by the Indiana Assembly has, however, seemingly reawakened the sentiment in favor of such legislation, and in several of the states …

Go to article

Note And Comment, Horace Lafayette Wilgus, Henry M. Bates, Charles H. L'Hommedieu, Maurice C. Mcgiffin Dec 1905

Note And Comment, Horace Lafayette Wilgus, Henry M. Bates, Charles H. L'Hommedieu, Maurice C. Mcgiffin

Michigan Law Review

Including Breach of Contract--Lumley V. Gye; Vote by machine is a Constitutional Ballot; Administration Upon Estates of Absentees; A Labor Union's Right to Declare and Carry Out a Boycott

Go to article

Recent Important Decisions, Michigan Law Reviw Dec 1905

Recent Important Decisions, Michigan Law Reviw

Michigan Law Review

Bills and Notes--Assignment of a Note by an Insane Person; Bills and Notes--Necessity for Identification of Payee of Check--Payment of Forged Check; Carriers--Limitation of Amount of Liability by Special Contract--Negligence--Limitation Valid; Carriers--Owners of Passenger Elevators--Not Liable as Common Carriers; Carriers--Owners of Passenger Elevators--Liable as Common Carriers; Constitutional Law--Indeterminate Sentence--Invation of Executive or Judicial Functions; Constitutional law--Obligation of Contract--Stockholders' Liability to Creditors; Constitutional Law--Sales--Interstate Commerce; Constitutional Law--Trial by Jury in Territories; Contract--Action for Breach--Question for Jury; Contract--Effect of Assignment of a Dramshop License as part Consideration; Corporations-- Insolvency--Sale--Creditors' Bill--Preferences to Officers; Corporations--Insolvency--Stockholders' Liabilities--Action at Law; Divorce--Alimony--Foreign Decree--Enforcement; Divorce--Epileptic's Marriage in Violation …

Go to article

Territorial Expansion Of The Common Law Ideal, John F. Simmons Nov 1905

Territorial Expansion Of The Common Law Ideal, John F. Simmons

Michigan Law Review

It is a truism to declare that we live in an age of evolution; but evolution is only growth and growth, however trite it may seem, is after all an ever-recurring miracle and a miracle implies the marvelous. Among the marvels which appear in the evolution of our times, none is more remarkable than the persistency of the expansion of the ideas and ideals of the Common Law. Before the dawn of history, the records which the tongues of mankind have kept, and which the persistency of certain tribal peculiarities has confirmed, teach us that the races which today dominate …

Go to article

Consideration V Causa In Roman-American Law, Joseph H. Drake Nov 1905

Consideration V Causa In Roman-American Law, Joseph H. Drake

Michigan Law Review

In the case of Mtembre v. Webster, decided recently (19o4) in the Supreme Court of Cape Colony, South Africa, the court (De VILLIERS, J.) says that the causa of Roman-Dutch Law* (oorsaak-German Ursache) has become for all practical purposes equivalent to the valuable consideration of the Common Law., The court says further, 'I can not find that in practice any gratuitous promises except donations-as to which there are especial rules were ever enforced by law.' Sir Frederick Pollock in commenting on this case says, "The power of the Common Law to impose its conceptions on foreign systems when opportunities occur …

Go to article

Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James Nov 1905

Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James

Michigan Law Review

Our forefathers, not foreseeing that the States would some day become one country for commercial purposes, failed to vest in Congress power to regulate all commerce, but limited that body to such as was interstate or foreign. An unexpected (and by many now believed erroneous) decision by the Supreme Court of the United States1 in 1869, that a contract between citizens of different states did not constitute interstate commerce, checked the growth of that unity of law so convenient in the development of industries, national in character. For one hundred years, from 1789, when the Constitution was adopted, to 1890, …

Go to article

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus Nov 1905

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus

Michigan Law Review

The Law School; Unauthorized Operation by Physician; The Kansas Oil Refinery Bill; Garnishment of Public Corporations; The rule in Wild's Case Today; Effect of a complicated Form of Ballot on the Elector's Freedom of Choice; Situs of Debts for Garnishment; Malicious Interference With the Contract of Employment

Go to article

Recent Important Decisions, Michigan Law Review Nov 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks--Equity--Insolvency--Preference of Creditors; Banks--Special or General Deposit; Constitutional law--Due Process of Law; Constitutional Law--Right of Property; Contract--Liability for Breach in Discharge of a Professor; Corporations--Liability of Directors for Excessive Indebtedness; Criminal Law--Larceny Distinguished from False Pretenses; Criminal Law--Remarks of District Attorney--Appeals to Race Prejudice; Damages--Proper Averment in an Action for Deceit in the Sale of Realty; Easement--Right of Way--Immemorial Custom--Easements Appurtenant; Elections--Constitutionality of Law Changing Date--Holding Over; Evidence--Personal Injury--Physical Examination of Plaintiff; Evidence--Physical Examination of Accused; Evidence--Privileged Communication--County Attorney; Execution--Premature--Collateral Attack; Foreign Corporations--Service of Process on Officer; Homestead--Oral Contract for Conveyance--Specific Performance; Husband and Wife--Liability of Husband for the Support …

Go to article

Recent Legal Literature, Joseph H. Drake, Victor H. Lane, John R. Rood, Victor H. Lane, John R. Rood Nov 1905

Recent Legal Literature, Joseph H. Drake, Victor H. Lane, John R. Rood, Victor H. Lane, John R. Rood

Michigan Law Review

Willard: Notes to the Spanish Civil Code; Howe: Studies in the civil Law and its relations to the jurisprudence of England and America, with references to the alw of our insular possessions; Judson: The Law of Interstate Commerce and its Federal Regulation; Bigelow: The Law of Crimes; Wheeler: Daniel Webster, The Expounder of the Constitution; Goodwin: A Treatise on the Law of Real Property

Go to article

Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Victor H. Lane, Horace Lafayette Wilgus, James H. Brewster Jun 1905

Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Victor H. Lane, Horace Lafayette Wilgus, James H. Brewster

Michigan Law Review

Wigmore: A Treatise on the System of Evidence in Trials at Common Law including the Statutes and Judicial Decisions of all Jurisdiction of the United States; Snyder: The Interstate Commerce Act and Federal Anti-Trust Laws, including the Sherman act, the act creating the Bureau of Corporations, the Elkins act, the act to expedite suits in the Federal courts, act relating to telegraph, military, and post roads, act affecting equipment of cars and locomotives of carriers engaged in interstate commerce, with all amendments, with comments and authorities, and rules of practice and forms used in practice before the Interstate Commerce …

Go to article

Recent Important Decisions, Michigan Law Review Jun 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks, National--Stockholders' Liability--Statute of Limitations; Bills and Notes--Indorsements Procured by Fraud; Carriers--Drover's pass--Release from Liability; Carriers--Unreasonable Freight Rates--Interstate Commerce Act--Common Law Remedy; Chattel Mortgages--Failure to Record--Mortgagor in Possession--Estoppel; Connecting Carriers--Loss of Goods--Liability; Constitutional Law--Civil Rights--Discrimination in Licenses; Constitutional Law--Eight Hour Law--Police Power--Health Regulations; Corporations--Duplicate Stock Certificate--Indemnity; Corporations--Subscription to Stock--Liability of Subscriber; Equity--Specific Performance--Contract to Make Will; Evidence--Physicians of conflicting Schools--Competency as Witnesses; Evidence--Radiograph--X-ray; Garnishment--One Railroad as Debtor of Another; Husband and Wife--Application of Doctrine of Tenancy by Entireties to Personality; Husband and Wife--Indebtedness to Wife--Notes--Presumption of Payment; Judgment--Default--appearance; Libel--Publishing of a White Man that He is "Colored"; Master and Servant--Concurrent …

Go to article

Mandamus Against A Governor, Edward J. Myers Jun 1905

Mandamus Against A Governor, Edward J. Myers

Michigan Law Review

The question whether the courts have the power to issue he writ of mandamus against the chief executive of a state to compel the performance of a duty imposed upon him by law, has been answered in two irreconcilable lines of decision-the one being that the Governor is not answerable to the writ to compel the performance of his duty, be it either discretionary or ministerial in its character, the other, that he is liable to the writ to compel the performance of duties purely ministerial in nature. Mr. High, in his work on Extraordinary Legal Remedies, says: "The jurisdiction …

Go to article

Note And Comment, Michigan Law Review Jun 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Michigan Railroad Tax Cases; Is a vote by Machine a Constitutional Ballot?--Signing "At the End" of a Will; Another Attempt to Evade the Lottery Laws; Saving Exception on Overruling of Motion to Quash Summons; Wills Executed Without Animus Testandi; The Legal Status of a Participant in a Guessing Contest

Go to article

Liability Of Water Companies For Fire Losses Another View, Albert Martin Kales May 1905

Liability Of Water Companies For Fire Losses Another View, Albert Martin Kales

Michigan Law Review

In the Superior Court of Cook County, Illinois, before Judge Arthur H. Frost, there was recently presented in substance this case: A private corporation furnishing water to a municipality for fire protection had contracted with the town, in consideration of certain fire hydrant rentals, to keep at all times a pressure of water of at least thirty-five pounds per square inch on the water pipes connected with said fire hydrants, and, in case of a fire, to increase, at once, the pressure to forty pounds per square inch. A fire occurred. It was assumed that the water company had notice …

Go to article

Note And Comment, Michigan Law Review May 1905

Note And Comment, Michigan Law Review

Michigan Law Review

A Lesson in Patriotism from Pennsylvania; The Effect of a Motion by Each Party for a Directed Verdict; The Right of Privacy; Mutual Mistake as to the Quantity of Land Conveyed; The Privilege; Riparian Owner's Title to Contiguous Islands;

Go to article

Recent Legal Literature, Edson R. Sunderland May 1905

Recent Legal Literature, Edson R. Sunderland

Michigan Law Review

Taylor: Jurisdiction and Procedure of the Supreme Court of the United States; The American State Reports, and Green: Digest of the Decisions of the Courts of last resort of the several states from 1887 to 1904, contained in the American State Reports, Vols. 1 to 96, inclusive, and of the notes to the cases reported therein, and Torbert: Table of Cases alphabetically arranged as to the several states in the American Decisions, 100 vols., American Reports, 60 vols., American State Reports, 100 vols.,showing the cases to which notes are appended, also what cases in these …

Go to article

Recent Important Decisions, Michigan Law Review May 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …

Go to article

Marriage And Divorce In State And Church, Benjamin Brewster May 1905

Marriage And Divorce In State And Church, Benjamin Brewster

Michigan Law Review

When, in 1831, the French philosopher De Tocqueville visited America, he was impressed with the stability of the marriage relation. In his great work, "Democracy in America," he thus sums up the results of his observations: "There is certainly no country in the world where the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appreciated." And this acute and discerning reasoner makes a further reflection, from his stand-point as one interested in the maintenance of order and stability in the state: "Agitated by the tumultuous passions which frequently disturb …

Go to article

University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School Apr 1905

University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1905-1906; Board of Regents; Faculty of Law; Department of Law; Work in the Department of Literature, Science, and the Arts; Students; Summary of Students; Officers of the Alumni Association.

Go to article

Curb-Stone Patent Opinions, Dwight B. Cheever Apr 1905

Curb-Stone Patent Opinions, Dwight B. Cheever

Michigan Law Review

Having been asked almost every day for the last nine years for offhand-commonly called curb-stone-opinions on one or more of certain very elementary propositions in Patent Law, it has occurred to me that perhaps a discussion of some of these questions would be of more practical value to the readers of this magazine than a comprehensive discussion of a more elaborate subject.

Go to article

First Prev Next Last