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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.

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 …

Right Of Jury To Review Decisions Of The Court Upon The Admissibility Of Evidence As Illustrated In The Law Of Dying Declarations, Victor H. Lane

Articles

In the discussion of this question, it is thought that the present condition of the law can be made most satisfactorily to appear by gathering the declarations of various courts found in illustrative opinions, and a good portion of this article will attempt this collection. Where the courts of particular states have not spoken upon this particular question, and cases illustrating the principle as applied to confessions exist, they have been used. And in a few instances cases involving the law of the admissibility of confessions have been used, though there were cases involving dying declarations, because they were more …

Torrens Acts': Some Comparisons, James H. Brewster

Articles

The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …

Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland

Articles

AlI laws concerning property rights are based upon the broad - doctrine that every person who owns property may dispose of the same as he sees fit. The right of disposal of property is inseparably united to the right of property itself, and indeed is an essential element of the concept of property. It might even serve as a definition of property, viewing property as that which one may dispose of,-a definition too general, it is true, for practical purposes, but undoubtedly a correct and valuable metaphysical theorem

The "Torrens Acts": Some Comparisons, James H. Brewster

Articles

The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …

Northwestern Railway Situation, Horace Lafayette Wilgus

Articles

What promises to be the most important corporate litigation that has or is likely to come before the Supreme Court for many years is involved in the various suits against the Northern Securities Company. To understand its full significance, it is desirable to recall something of the railroad history of the western states.

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 …

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. In making these changes, …

Front Matter

Michigan Law Review

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

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 …

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 …

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

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; …

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

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, …

The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton

Michigan Law Review

In the very cordial invitation extended to me by the distinguished President of your Bar Association to participate in the observance of this occasion it was urged that I should make a short address upon the relations of the Federal and State Judiciary to each other. As a reason for my taking this particular subject it was suggested by him that I had had the advantage of a considerable service under both systems.

Law Of Dramatic Copyright. Ii., Edward S. Rogers

Michigan Law Review

V. Dramatization of novels. - Continued. - Fortunately, we, in the United States, have had very little trouble in regard to the dramatization of novels. The copyright statute provides that the author of a copyrighted book may reserve the right to dramatize and translate his own work. There is no question, however, that but for this act which creates the additional right of dramatization and translation, the English rule would be in force in this country. The exclusive right of translating "Uncle Tom's Cabin" was denied Mrs. Stowe in Stowe v. Thomas, "decided before the enactment of the statute permitting …

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

It is everywhere admitted that, with certain restrictions, the plaintiff in a personal injury suit may, if he so choose, exhibit his injuries-either, in proper cases, directly to the jury; or, in other instances, indirectly, to physicians, who are afterwards to go upon the stand. But what about cases where the plaintiff does not so choose ? What if, when the defendant, or the court itself , suggests that the plaintiff undergo a physical personal inspection, he objects? May the plaintiff , then, when he does so object, be compelled, against his will, to undergo the examination ? Further, in …

Note And Comment, Michigan Law Review

Michigan Law Review

Constitutional Law--Unlawful Delegation of Legislative Power; Fraudulent Conveyances--Estoppel Against Married Woman; Ackknowledgment Taken and Certified by a Stockholder of Corporation Mortgage or Grantee; Constitutional Law--Power of the Legislature to Abridge the Authority of Courts to Punish for Contempt; Special Assessments--right of Taxpayer to Defent Upon the Ground that IMprovements were not Properly Made; Judgements--Estoppel to Maintain Subsequent Action for Different Cause; Anti-Trist Act--Discrimination in Favor of Certain Classes; Courts--Conflict of Jurisdiction--Creditor's Bill; Garnishment--Possession to Charge Garnishee; Judgements--Satisfaction by Levy; Jugements--Execution Sales--Right of Defendant on Reversal

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Pincipal for Unknown Deceit of Agent; Action--Splitting Causes of--Injury to Person and Property; Attorney and Client--Jurisdiction of Equity over; Banks and Banking--Cashier--Notice; Carriers--Limiting Liability--Effect of Limitation in Case of Delivery After Notice to Stop in Transit; Carriers--Tort--Ejection of Passenger for Failure to Produce Ticket; Confict of Laws--Bona Vacatia--Rigth of Succession--"Mobilia Sequuntur Personam"; Conflict of Laws--Italian marriage--Deceased Husband's Brother; Conflict of Law--Equal Protection--Refusing Barbar's License to an Alien; Constitutional Law--Equal Protection--Requiring Examination of Graduate of Medical School of other States; Constitutional Law--Insurance Companies---Equal Protection of the Laws; Constitutional Law--Vested Right of Defense--Deprivation of Property Rights; Contract--Performance--Legal Holiday; Contract--Public Policy--Sale …

Recent Legal Literature, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem

Michigan Law Review

Dill: The Statutory and Cass Law Applicable to Private Companies, under the General Corporation Act of New Jersey, with Corporation Precedents; Noyes: A Treatise on the Law of Intercorporate Relations; Benjamin: The General Principles of the American Law of the Sale of Goods; Abbott: Brief for the Trial of Criminal Causes; Rich and Farnham (eds.): The Lawyers Reports Annotated

The Genesis And Development Of The Law Of Waters In The Far West, John B. Clayberg

Michigan Law Review

The law of waters, as now settled on the Pacific Coast and the adjacent states is such a distinct departure from the common law of waters, that an investigation of the cause and reasons for such departure cannot fail to be interesting to every lawyer who cares to informed with reference to such peculiarities. There is no occasion to more than. briefly refer to the common law of running waters and inland lakes, because it is well settled by a long line of decisions practically Uniform, and every lawyer is familiar with it. It will be sufficient to state the …

The Law Of Dramatic Copyright, Edward S. Rogers

Michigan Law Review

Literary Property at Common Law.--There have been few legal questions so generally and so fully discussed-as that relating to the property of authors in their. writings. Up to 1769, it was generally conceded that authors enjoyed, by virtue of the common law, a perpetual copyright, and copyrights were sold and made the basis of family settlements. In 1769, the great case of Millar v. Taylor, was decided. An action had been brought in 1766 to recover ior the piracy of "Thomson's Seasons," and it was held by a majority of the judges, Lord Mansfield, Mr. Justice Aston and Mr. Justice …

The Judicial System Of The German Empire, Richard Hudson

Michigan Law Review

In the German Empire the administration of justice is for the most part left to the states, all the courts being state courts with the exception of the Imperial Court at Leipzig. The Empire has however established unity of tlie law, has given a uniform organization and procedure to the courts of the states, and has by the creation of the Reichsgericht as the highest court of appeal ensured a uniform interpretation of the law. These three methods of securing a uniform administration of justice will be studid in the order named.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Color of Title-Deed Void for Indefinite Description; Agency--Broker--Damages for Terminating Authority Without Giving Reasonable Time to Sell; Agency--Liability of Agent to Principal for Acts of Sub-Agent; Agency--Ratification; Attachment--Ground For--Removal of Debt--Situs; Bankruptcy--validity of Bankruptcy Act of 1898; Conflict of Laws--Conveyance--Covenants; Constitutional Law--Fourteenth Amendment--Blacklisting Statute; Constitutional Law--Retroactive Legislation--Curative Act; Constitutional Law--Statute Prohibiting Discharge of Members of Labor Unions; Contract--Performance to the Satisfaction of the Promisee; Damages Sale--duty to Minimize Loss; Mandamus--Jurisdiction to Issue Write Against the Governor; Mandamus Against Officer--Abatement by Change of Officer; Master and Servant--Act Within the Scope of the Employment; Master and Servant--Contract to Employ--Duty of Master …

Recent Legal Literature, George Washington Pepper, Floyd R. Mechem, Edson R. Sunderland, Robert E. Bunker, Aaron V. Mcalvay, Mark Norris, Bradley Thompson, Victor H. Lane, James H. Brewster, R. Rood, Floyd R. Mechem

Michigan Law Review

Thorpe: The Constitutional History of the United States; The American State Reports, containing the Cases of General Value and Authority Subsequent to those Contained in the "American Decisions" and the "American Reports," Decided in the Courts of Last Resort of the Several States. Selected, Reported, and Annotated by A. C. Freeman, and the Associate Editors of the "American Decisions." Vol. 82-85; Sibbley: The Right to and the Cause for Action; Mack and Nash (eds.): Cyclopedia of Law and Procedure; Page: A concise treatise on the Law of Wills; May: The Law of Insurance as Applied to …

Note And Comment, Floyd R. Mechem

Michigan Law Review

The Law School; Trade-Mark -- Invented Word -- Words Expressing Character or Quality; State Quarantine Laws as Affecting Inter-State or Foreign Commerce; Druggist - Liability for Negligence; Constitutional Law -- Inter-State Commerce -- Charging More for Shorter Than for Longer Haul; Malicious Prosecution of Purely Civil Action Without Arrest of Person or Seizure of Property; is it Fraud for a Plaintiff to Conceal Defenses to his own Action?; Wills--Withnesses Signing Before Testator, Effect; Impeachment of Witness--Privileged Communication; Evidence--Dying Declaration; Partnership by Estoppel in Tort Cases; Color Distinctions--Separations of Passengers upon Street Cars; Mortgage of Furture Offspring of Animals owned by …

Note & Comment, Michigan Law Review

Michigan Law Review

Announcement; Note and Comment: The Right of a De Jure Officer to Recover Salary or Fees Paid to a De Facto Officer; Exemplary Damages Where Acutal Damages Merely Nominal; Seduction--Fiction of Service; Negligence--Druggist Selling Proprietary Medicine Without Knowing Contents; Physician--Duty to Respond to Call; Wills--Contract to Make--Fraud in Obtaining Charity--Relief in Equity; Sale--Bank Cashing Draft Drawn Against consignment of Goods as Purchaser--Liability Upon Express or Implied Warranty of Title or Quality; Voters--Right to Vote for Candidate whose Name is not on the Official Ballot; Constitutional Law--Fourteenth Amendment--Due Process--Equal Protection; Statute of Limitations--Failure to Leave Subjacent Support in Mining--When Statute begins …

Cases On The Law Of Damages, Floyd R. Mechem

Books

Note to the Second Edition: “The following selection of cases in the law of Damages has been made primarily for use in connection with the lectures upon that subject given in the Law department of the University of Michigan. The purpose has been particularly to supply illustration of the application of principles referred to in the lectures, and partly to supplement the lectures by rounding out the view of certain fields not otherwise completely developed.”

Note to the Third Edition: “While the general features remain the same, the number of cases in this edition has been considerably increased in the …