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Collateral Attacks Based On Irregularities, John R. Rood May 1903

Collateral Attacks Based On Irregularities, John R. Rood

Michigan Law Review

Should judicial action ever be held void on collateral attack by reason of any departure from the prescribed mode of procedure? To discuss this question is the purpose of the present article. The magnitude of the subject will forbid the discussion of any specific departures or modes of procedure in detail. Numberless decisions and discussions on specific points will be found scattered through the books where these points are severally treated. If anything need be said, the comprehensive view is the one most needing attention, and least liable to receive it, because text-writers to a great extent, and the courts …

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The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein Apr 1903

The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein

Michigan Law Review

In a work on Public Offices and Officers, the writer characterizes the question of the liability of an officer and his sureties for loss of public funds by the officer without default on his part, as ''of great interest and importance, but one upon which the authorities are in conflict." Since the publication of that work in 1890, a con­ siderable number of cases has arisen continuing the conflict, and llustrating its importance. It is proposed in this article, to state the views entertained by the courts, the extent to which they have been applied, the reasons advanced to support …

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Recent Important Decisions, Michigan Law Review Apr 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Nature of Relation--Distinguished from Lease; Bankruptcy--discharge--Judgment Recovered for Alienation of Affections; Banks and Banking--Savings Banks--Pass Books--Payment to Wrong Party--By-Law; Carriers--Passenger Ejected at Wrong Place--Sickness Caused by Act of Carrier; Conflict of Laws--foreign Trustees--Right to Sue; Constitutional Law--Insterstate Commerce--Tax on a Delivering Agent; contracts--Labor Union--Inducing Employer to Break Contracts; Contracts--Validity of Insurance--Property of Alien Enemy--Public Policy; Corporation--Service of Process on Agent; Descent and Distribution--To Illegitimates on the Part of their Mother; Evidence--Defective Sidewalk--Jury--Magnifying Glass; Executors and Administrators--Enforcement of Claims--Limitations; Fraudulent Conveyances--Creditor's Right to Subject Wife's Property to Payment for Improvements Made Thereon by Husband; Fraudulent Conveyances--Personal Liability of Wife for Property …

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Note And Comment, Michigan Law Review Apr 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Bible Reading in the Public Schools; Telegraph Company as Agent of the Sender of a Message; Constitutional Law--Municipal Fuel Plants; Exemption--Laborer's Wages; Executors and Administrators--Statute of Limitations--Actions in Federal Courts

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University Of Michigan Summer Session Department Of Law: Ninth Annual Announcement. 1903, University Of Michigan Law School Mar 1903

University Of Michigan Summer Session Department Of Law: Ninth Annual Announcement. 1903, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Department of Law; Libraries; Registration; Requirements for Admission; Tuition Fees; Location, Expenses, Board, Etc.; credit for Work Done; Courses of Study; Regular Session of the Department of Law of the University of Michigan; Course of Free Lectures; Students; Summary of Students.

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Note And Comment, Michigan Law Review Mar 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Elections--vote of Idiot or Insane Person--Ascertaining How He Voted; "Meander Lines"--When They Should be Taken as boundaries, Rather Than the Water Line; Larcenty--Animals Ferae Nature--fish in Net; Constitutional Law--Compelling One to be a Witness Against Himself by compelling Him to Exhibit His Person for the Purpose of Procuring Evidence Against Him; Attachment Judgments--Allias Executions--Abandonment;

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Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle Mar 1903

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.

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Recent Important Decisions, Michigan Law Review Mar 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …

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Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle Mar 1903

Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle

Michigan Law Review

The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.

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Note And Comment, Michigan Law Review Mar 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Elections--vote of Idiot or Insane Person--Ascertaining How He Voted; "Meander Lines"--When They Should be Taken as boundaries, Rather Than the Water Line; Larcenty--Animals Ferae Nature--fish in Net; Constitutional Law--Compelling One to be a Witness Against Himself by compelling Him to Exhibit His Person for the Purpose of Procuring Evidence Against Him; Attachment Judgments--Allias Executions--Abandonment;

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Recent Important Decisions, Michigan Law Review Mar 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …

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The Law And Justice, Charles A. Kent Feb 1903

The Law And Justice, Charles A. Kent

Michigan Law Review

Here is often complaint that the decisions of the courts are unjust. Probably such complaints have always existed, and they may be no greater to-day than usual. Often, perhaps usually, defeated suitors feel that they have suffered injjustice. There is a public feeling that the rules of law produce much delay in criminal cases, that convictions are set aside by the higher courts for what seem trivial reasons, and that often in consequence the guilty escape. Civil cases do not attract so much public attention, but perhaps there is as great cause of complaint in the repeated trials, rendered necessary …

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Municipal Crisis In Ohio, John Archibald Fairlie Feb 1903

Municipal Crisis In Ohio, John Archibald Fairlie

Michigan Law Review

On June 26th, 1902, the supreme court of Ohio rendered three decisions which precipitated a crisis in municipal affairs in that state. For, by these decisions, the court virtually overruled a long line of precedents, and laid down a principle under which scarcely a city in the state possessed a constitutional government. In consequence, the legislature was summoned in extraordinary session to enact a new municipal code for all the cities and villages in the state. The situation was unparalleled, even in American history; and the task before the general assembly was doubtless the most important single act ofmlnicip,- 1,egislati_u …

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Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers Feb 1903

Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers

Michigan Law Review

Turning now to the Posilive side of the question, the cases show that the "privileges and immunities of citizens of a state" do include:- 1. The rizght of free ingress and egress. Dicta to this effect are found in almost every case in which the equal privileges clause" of the constitution is discussed, beginning with Corfield v. Coryell,I and coming down to and including Blake v. McClung,' the last great case upon the clause in question.3 The only case directly in point seems to be Smith v. Moody., Smith was a negro, born free within the state of Ohio, and …

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Note And Comment, Michigan Law Review Feb 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Anti-Trust Act--discrimination in Favor of certain Classes--Exemption of Labor Organization; Preferences Arising from Trust Relations; Constitutional Law--Liberty of Contract--Due Process of Law--Equality of Rights; Constitution Law--Equality of Protection;

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Recent Legal Literature, Floyd R. Mechem, John R. Rood, Floyd R. Mechem Feb 1903

Recent Legal Literature, Floyd R. Mechem, John R. Rood, Floyd R. Mechem

Michigan Law Review

Judson: A Treatise on the Power of Taxation, State and Federal, in the United States; Black: Law of Judgments; American State Reports, Vols. 86 and 87;

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Recent Important Decisions, Michigan Law Review Feb 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--deduction of Debts--Statute of Limitations; Agency--Authority to Indorse Negotiable Paper; Agency--Notice--Adverse Interest; Carriers--United States Mail--Liability of Railroad Company for Negligent Loss of Registered Letter; Corporation--Capital Stock--Contracts to Repurchase; Criminal law--Contempt of Court--Concerted Action to Influence Trial; Damages--Sale of Realty--Breach of Vendor's Contract; Equity--Mistake of Law--Recovery of Money Paid for Improvements on Another's Land; Landlort and Tenant--Insolvent Corporation--Accruing Rent; Limitation of Actions--Mortgages; malicious Prosecution--Abuse of Process--Sending Claim to Anothe rState for Collection to Avoid Local Exemptions; Malicious Prosecution--Cevil Cases; Malicious Prosecution--Probable Cause; Marriage--Common Law--present Consent; master and Servant--Assumption of Risk--Neglect of Statutory; Master and Servant--Assumption of Risk--Neglectof Statutory Duty; Municipal Corporations--Local …

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A Directory Of The Law Class Of Nineteen Hundred Three Jan 1903

A Directory Of The Law Class Of Nineteen Hundred Three

Yearbooks & Class Year Publications

Second edition of the directory of the Law Class of 1903.

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Cases On Equity Pleading And Practice, Bradley M. Thompson Jan 1903

Cases On Equity Pleading And Practice, Bradley M. Thompson

Books

The cases contained in this volume have been selected with a view of assisting both the student and the instructor, with illustration of the practical application of the general principle and rule of equity pleading and practice. Only so much of the statement of fact and of the opinion of the court have been retained in each case as is sufficient to make the decision upon the question of pleading before the Court intelligible and clear. As far as possible all padding has been excluded. Littleton ha aid: "And know, my son, that it is one of the most honorable, …

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Privileges And Immunities Of Citizens In The Several States, W. J. Meyers Jan 1903

Privileges And Immunities Of Citizens In The Several States, W. J. Meyers

Michigan Law Review

The Federal Constitution, Art. IV., § 2, cl. 1, declares that "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." Of this clause Alexander Hamilton wrote: "It may be esteemed the basis of the Union"; and more than seventy years after it had gone into effect, Judge Denio said of it, in deciding the great case of Lemmon v. People, "No provision has tended so strongly to constitute the citizens of the United States one people as this." It is the purpose of this inquiry to ascertain what are the …

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Recent Important Decisions, Michigan Law Review Jan 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Principal for Money coming into his Possession as Proceeds of Wrongful Sale of His Property by his Agent to Plaintiff; Appeal--Effect upon Power of Lower Court ot Modify Judgement Appealed From; Attorney and Client--Attorney's Lien--Priority; Carriers--tort--Ejection of Passengers--Exemplary Damages; Constitutional Law--Judgment--Full Faith and Credit--Statute of Limitations; Constitutional Law--classification of Cities--Special Acts Conferring Corporate Powers; Corporation--Sinsolvent--Preferring Creditors; Damages--Evidence of Pecuniary Condition; Damages--Exemplary Damages for Gross negligence or Where Actual Loss Purely Nominal; damages--General and Special--Pleading; Deed--Acknowledgment; elections--Ballots--Rights of Nominee to have his Name Appear More than Once Upon the Ballot; Equitable Interests--Assignability; Evidence--X-Ray Pictures; Fraud--Misrepresentation by Cashire of Bank; …

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Front Matter Jan 1903

Front Matter

Michigan Law Review

Front Matter and Table of Contents for the Michigan Law Review Vol. 1 1902-1903

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Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker Jan 1903

Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker

Michigan Law Review

Washburn: A Treatise on the American law of Real Property; Frost: A Treatise on Guaranty Insurance

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May The Plaintiff In A Personal Injury Suit Be Compelled To Exhibit His Injuries If So Under What Circumstances, Thomas H. Shastid Jan 1903

May The Plaintiff In A Personal Injury Suit Be Compelled To Exhibit His Injuries If So Under What Circumstances, Thomas H. Shastid

Michigan Law Review

Attention has been given in Part to the question of the existence of the power, in a personal injury suit, to compel the plaintiff to exhibit his injuries. That question being answered; and in the affirmative, it is next necessary to consider the various circumstances under which such power may be exercised. And, first, it is to be observed that, in the investigation of this latter subject, no account need be taken of the courts in which it has been definitely decided that the power does not exist. Nor need account be taken of the courts of New York; for …

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Note And Comment, Michigan Law Review Jan 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Statutes Regulating the Practice of Medicine--Osteopathy; Agency--Liability of Agent for Non-Feasance; Constitutional Law--Bible Reading in the Public Schools; Garnishment--Liability of Garnishee--Joint Demand--Illegality--Contingency; Agency--Ratification--Necessity that the Person Acting should have Professed to Act as Agent

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Cases On The Law Of Partnership, Floyd R. Mechem, Frank L. Sage Jan 1903

Cases On The Law Of Partnership, Floyd R. Mechem, Frank L. Sage

Books

A casebook with selected cases to aid the teaching of partnership law.

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Outlines Of The Law Of Agency, Floyd R. Mechem Jan 1903

Outlines Of The Law Of Agency, Floyd R. Mechem

Books

The subject of Agency belongs to a comparatively recent period in our law … Agency belongs distinctively to a commercial age, and its growth has kept pace with the progress of commercial development. It furnishes the means by which the range of individual and corporate activity is enormously increased. As soon as it is conceded that one man may be represented by another in business transactions, and that he may have as many such representatives as occasion may require, the field of commercial activity is immensely widened. The modern business man may thus be constructively present in many places and …

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A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane Jan 1903

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane

Books

“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …

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Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson Jan 1903

Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson

Articles

Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and his right to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple. Among those essential rights were the right of possession, the …

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Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem Jan 1903

Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem

Articles

At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.

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