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Recent Legal Literature, Mark Norris, Henry M. Bates, Victor H. Lane

Michigan Law Review

Clement: Fire Insurance as a Valid Contract; Gardner: Handbook of the Law of Wills; Van Dyne: Citizenship of the United States

Note And Comment, Michigan Law Review

Michigan Law Review

The American Political Science Association; The Bill of Rights and The Right to Labor; Right to Impeach the Consideration of a Judgment Rendered in Another State; the Function of the "Exhibit" in Copde Pleading; Lapse of Residuary Gifts; "Voluntary Confessions"; The Competency of the Conduct of Bloodhounds as Evidence in Criminal Cases; The "Reasonable Use" of Subterranean Waters

Need Of A National Incorporation Law, Horace Lafayette Wilgus

Articles

When the report of the Committee on Uniformity of legislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved. The Committee on Commercial Law, however, thought otherwise and said:- "The American people look to the American Bar for leadership on this question. Some one must lead. If not the lawyer, then it will be the demagogue."

Illustrative Cases On Equity Jurisprudence, Harry B. Hutchins, Robert E. Bunker

Books

This second edition (1904) retains the same arrangement and chapters of the previous edition (1902) about which was written, in a contemporary review: "These cases cover the entire subject of Equity Jurisprudence, and are classified according to the arrangement that is followed in Eaton on Equity….”

Code Remedies: Remedies And Remedial Rights By The Civil Action According To The Reformed American Procedure, John Norton Pomeroy, Thomas A. Bogle

Books

The last edition of this work was published in 1894. Since that time so many decisions upon important questions of Code Pleading have been reported that another edition has become necessary. To collect, cite, and classify these decisions with reference to the topics discussed in the text, and thus place them at the convenient disposal of members of the legal profession, as well as students of the law, has been the main purpose of the present editor. This required a large amount of space, but as the original text included considerable matter that was theoretical rather than of present practical …

The Conveyance Of Estates In Fee By Deed : Being A Statement Of The Principles Of Law Involved In The Drafting And Interpretation Of Deeds Of Conveyance And In The Examination Of Title To Real Property, James H. Brewster

Books

The purpose of the writer has been to state the principles of law applicable to the transfer of the title to real property by deed, in such manner as to assist one in drafting and interpreting the instrument of transfer.

Michigan '04 Law

Yearbooks & Class Year Publications

The Michigan '04 Law no. 3. Published January, 1907.

Michigan 1904 (Law) News And Directory

Yearbooks & Class Year Publications

The Michigan '04 Law no. 1. Published January 1, 1905.

A Treatise On The Law Of Wills: Including Also Gifts Causa Mortis And A Summary Of The Law Of Descent, Distribution And Administration, John R. Rood

Books

“The present work was undertaken with the purpose of furnishing a substantial treatise on the whole law of succession in one volume. Within this scheme were comprehended the separate topics following: 1, gifts causa mortis, by reason of their resemblance to legacies; 2, wills, including all legal questions and doctrines peculiar to wills; 3, the substantive law of descent and distribution; and 4, the adjective law of succession, including the administration of both testate and intestate estates.”--Preface.

Some Legal Aspects Of Special Assessments, Frank L. Sage

Articles

Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.

A National Incorporation Law, Horace L. Wilgus

Books

Horace L. Wilgus argues that corporations need to be regulated on the national level.

Selected Cases On The Law Of Bailments And Carriers: Including The Quasi-Bailment Relations Of Carriers Of Passengers And Telegraph And Telephone Companies As Carriers, Edwin C. Goddard

Books

In making this volume of "Selected Cases on the Law of Bailments and Carriers," the guiding principle has been to secure the clearest and fullest statement and application of every leading principle of the subject within the range of a moderate sized book. The important cases, especially on the law of Carriers, are so many as to make it impossible to include all the leading eases. Moreover, the law of Carriers is such a very modern thing as to make it desirable to include many cases too recent to be considered leading cases. Accordingly, an effort has been made to …

The Physician As An Expert, Harry B. Hutchins

Articles

Expert evidence is evidence of a scientific or technical character in regard to a matter that is outside the domain of ordinary experience and knowledge. The evidence is usually in the form of opinions or conclusions based upon facts that for the purposes of an opinion are assumed to be true, although it may be in regard to scientific facts. The expert is one who has had special training or opportunities in a particular subject that the ordinary witness has not enjoyed, and who has thereby acquired certain habits of judgment.that render his explanations and opinions in the field of …

Need Of A National Incorporation Law, Horace Lafayette Wilgus

Articles

When the report of the Committee on Uniformity of Iegislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved.

A Proposed National Incorporation Law, Horace Lafayette Wilgus

Articles

In an article in the February number of this magazine' the writer discussed the nee& of a national incorporation law. The following is proposed as such; its object is to set forth what, perhaps, may be possible under such a law; what some will think necessary or desirable; what some will think unnecessary and undesirable; and what others will undoubtedly think is all wrong, if not vicious.

Some Legal Aspects Of Special Assessments, Frank L. Sage

Articles

Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.

A Proposed National Incorporation Law, Horace Lafayette Wilgus

Articles

In an article in the February number of this magazine1 the writer discussed the need of a national incorporation law. The following is proposed as such; its object is to set forth what, perhaps, may be possible under such a law; what some will think necessary or desirable; what some will think unnecessary and undesirable; and what others will undoubtedly think is all wrong, if not vicious. Whatever view is taken the writer's purpose will be accomplished if consideration and discussion of the proper details of such a law, are provoked. There are two classes who desire a national incorporation …

Front Matter

Michigan Law Review

Front Matter for the Michigan Law Review Vol 2 (1903-1904)

Administrative Powers Of The President, John R. Fairlie

Michigan Law Review

Turning now to those particular branches of administration where the Constitution confers on the President special powers, we shall find that in these fields he has still more ample authority. Not only do the constitutional grants guard him from encroachment on the part of Congress, but they enable him at times to assume a large degree of legislative power.

Negotiable Instruments Law Its History And Its Practical Operation, Amasa M. Eaton

Michigan Law Review

July 1 1878, several leading lawyers in different states, public spirited men, issued a call for a meeting, to form an American Bar Association. Pursuant to this call seventy-five prominent members of the bar and others, interested in the proposal met at Saratoga Springs, New York, August 21, 1878, and the American Bar Association came into being.

The first object of the Association, as stated in the call for this meeting, was "to assimilate the laws of the different states," and the first article of the Constitution as then adopted and as it still stands, is as follows:

"Its object …

Note And Comment, Michigan Law Review

Michigan Law Review

Sarah Caswell Angell; The Students of the Law Department; The Conference of Commissioners on Uniform State Laws; Royal Prerogative--Treasure Trove; The Erie Canal A navigable Water of the United States; Partnership Name--An Asset of the Partnership--Right of the Purchaser to it Use; Maliciously Inducing a Breach of Contract--Lumley v. Gye;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Action to Quiet Title--Venue--change of Venue; Agency--Secret Commission--recovery of both Secret and Stipulated Commission; Attorney and Client--Attorney's Lien--Fund in Court; Bankruptcy--Discharge--New Promise; Bankruptcy--Exemptions--discharge; Bankruptcy--Judgment in Bastardy--Discharge; Banks and Banking--Trust funds--Misappropriation--Subrogation; Contracts--Agreement for Advertising in Street Cars--Breach While Executory--Measure of Damages; Contracts--Agreement to Build with Materials Furnished by Owner--Destruction by Vis Major; Conveyance of Pretended Title--Maintenance--Adverse Claimant--Real Party in Interest; Corporations--Fiduciary Relation Existing Between Directors and Stockholders; Corporations--Fiduciary Relation Existing Between Stockholders and Directors; Courts--Limited Jurisdiction--Effect of Counterclaim; Criminal Law--Burden of Proof--Reasonable Doubt--Insanity--Contradictory and Inconsistent Instructions; Criminal law--Evidence--competency of Wife--Manner of Showing Incompetency--Suppression of Evidence; Damages--Exemplary Damages Where Actual Damage Purely …

The Law Of Reason, Fredrick Sir Pollock

Michigan Law Review

If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …

Administrative Powers Of The President, John A. Fairlie

Michigan Law Review

It is the purpose of this paper to discuss, with some effort at systematic classification the powers of the President of the United States, through which he maintains an effective and responsible control over the whole federal administration. The position of the President in this respect offers a striking contrast to that of the state governors, which is not always fully appreciated in comparisons of the state and federal governments; and an analysis of the President's authority may well suggest some inquiry as to the relative merits of the centralized executive of the federal government, and the decentralized and unorganized …

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; the Mostly Edicuation Commission; Penal Statute--"medical Attendance"--Devine Healing--Constitutional Law; Validity of a Note Given to an Unlicensed Practitioner of Medicine for Medical Services When the Note has Passed Before it is Due to a Bona Fide Purchaser for Value and Without Notice; Parties--Joining Representative of Deceased Joint Obligor--Survivors; Code Pleading--Amendment--Forms of Action; Conflict of Laws--Public Policy--Agreement ot Stifle Prosecution;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …

Covenants As Quasi Contracts, Louis L. Hammon

Michigan Law Review

It is the scope of this article to discuss briefly certain forms of covenant with a view to determining whether in their nature they are contractual or quasi contractual. "Quasi contract may be defined as an obligation whereby one person becomes bound to another, without regard to his consent, by a legal tie similar to that arising from contract. It may exist either by statute or by common law, and, if by the latter, it may be enforced either on principle or by reason of custom. As to the cause of the obligation, it may be imposed upon a man …

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Who May Take--Competency Affected by Interest; Acknowledgement of Mortgage before Stockholder in Mortgage Corporation--Stockholder as Witness; Agency--Distinguished from Trust; Agency or Service--Telegraph Companies--Knowledge of Operator; Carrier--Refusal of Passenger to Pay Extra Fare--Assault by Conductor on Passenger While Enforcing the Company's Rules; Constitutional Law--Free Speech--Distribution of Circulars; Constitutional Law--Master and Servant--Weekly Payment of Wages; Constitutional Law--Municipal Corporations--Minimum Wage Law; Corporations--Partnership with an Individual; Corporations--Ultra Vires--Replevin Undertaking; Deed--Consideration--Bona Fide Purchaser; Eminent Domain--Appropriation of Railroad Property--compensation; Fraudulent Conveyances--Fraud on Creditors--Withholding Mortgage from Record; Fraudulent Conveyances--Loan by Wife to Husband; Garnishment--Rolling Stock--Rights of Garnishee; Guardian and Ward--Testamentary Guardian; Insurance--Pleading--Waiver--Failure of Notice and Proof--General and …

Note And Comment, Michigan Law Review

Michigan Law Review

Constitutional Law--Compelling one to be a Witness Against Himself--Comparing Defendant's Shoe with Footprints; Rights in Inventions as Between Employer and Employee; Constitutional Law--Power of Legislature to Prescribe Rules of Evidence--Making Conveyance by Person Indebted Prima Facie Evidence of Intent to Defraud Creditors; Decorum of Attorney in Argument--Propriety of Appeals to the Pathetic or Sentimental; Liability of United States for Injury from Elevator in its Public Buildings--Implied Contract to Operate Safely--Case "Sounding in Tort"; Statutes Regulating the Practice of Medicine--Osteopathy; Precedents