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The Proposed Code Of Legal Ethics For The American Bar Association, Henry M. Bates Jan 1908

The Proposed Code Of Legal Ethics For The American Bar Association, Henry M. Bates

Articles

The effort of the American Bar Association to frame and adopt a code of legal ethics is deserving of more attention from American lawyers than it is receiving. The adoption of such a code has been under consideration for several years. In 1905 the Association at its annual meeting instructed its committee to report at the meeting to be held in the next year upon "the advisability and practicability" of the adoption of such a code. In pursuance of these instructions the committee reported that in its judgment the adoption of such a code was not only advisable, but highly …


Police Regulation Of Sleeping Car Berths, Edson R. Sunderland Jan 1908

Police Regulation Of Sleeping Car Berths, Edson R. Sunderland

Articles

From the time of the introduction of the sleeping car there has been a constant feud between the sleeping car companies and the travelling public in regard to the upper berths. The exigencies of the situation have, of course, made economy of space a prime requisite in sleeping car construction, and there is no doubt but that a high degree of success in this respect has attended the efforts of the sleeping car builders.


James Valentine Campbell, Victor H. Lane Jan 1908

James Valentine Campbell, Victor H. Lane

Articles

Judge James Valentine Campbell was born in Buffalo in the State of New York on the 25th day of February, 1823, and his sixty-seventh year had just closed when he died in the City of Detroit on the 26th day of March, 1890.


Invalid Contracts For Contingent Fees, James H. Brewster Jan 1908

Invalid Contracts For Contingent Fees, James H. Brewster

Articles

It is not unusual that agreements between attorneys and clients providing for contingent fees contain a stipulation to the effect that no settlement of the controversy concerning which there is a bargain for fees shall be made by the client without the attorney's consent. In the recent case of Davy et at. v. Fidelity and Casualty Ins. Co., 85 N. E. 504, the Supreme Court of Ohio condemns such an agreement as champertous and, by the citation of many Ohio decisions, "demonstrates that this court has always maintained a consistent and unambiguous attitude in regard to contracts of the kind …


The Extent Of The Land To Which A Mechanics' Lien Attaches, Edson R. Sunderland Jan 1908

The Extent Of The Land To Which A Mechanics' Lien Attaches, Edson R. Sunderland

Articles

The statutes of the various states which define the scope and extent of mechanics' liens differ somewhat in respect to the quantity of land subject to such lien. Some arbitrarily limit it to a specified number of city lots or acres, but many statutes provide that the lien shall attach to the lot or land upon which the building or other improvement is situated, or to so much contiguous land as is necessary for the convenient use of the building. In most cases no difficulty arises in applying these provisions, but the terms are evidently loose and general, and it …


One Way To Prevent Some Of The 'Law's Delays', James H. Brewster Jan 1908

One Way To Prevent Some Of The 'Law's Delays', James H. Brewster

Articles

In view of discussions concerning "The Law's Delays" which have been had before several Bar Association meetings lately, the case of In re McHugh, 116 N. W. 459, decided by the Supreme Court of Michigan, is of interest. In this case two attorneys had been summoned by the trial court to answer a charge of contempt in failing to appear in court on the day set for the trial of one accused of murder whose defense they had undertaken, their failure to appear being alleged to be "for the purpose of obstructing the course of justice." After a hearing they …


The State Tax On Illinois Central Gross Receipts - Another View, James Parker Hall Jan 1907

The State Tax On Illinois Central Gross Receipts - Another View, James Parker Hall

Articles

No abstract provided.


Execution Of Sealed Instruments By An Agent, Floyd R. Mechem Jan 1907

Execution Of Sealed Instruments By An Agent, Floyd R. Mechem

Articles

No abstract provided.


Opportunities And Responsiblities Of American Law Schools, Floyd R. Mechem Jan 1907

Opportunities And Responsiblities Of American Law Schools, Floyd R. Mechem

Articles

No abstract provided.


American Law School Degrees, James Parker Hall Jan 1907

American Law School Degrees, James Parker Hall

Articles

No abstract provided.


Humanistic, And Particularly Classical, Studies As A Preparation For The Law, Harry B. Hutchins Jan 1907

Humanistic, And Particularly Classical, Studies As A Preparation For The Law, Harry B. Hutchins

Articles

Aside from the elementary branches, no particular subject is absolutely essential as a basis for the study and practice of the law. In this respect the law occupies a place somewhat different from that of the other learned professions. The student and practitioner of medicine must of necessity get a substantial scientific foundation for his professional work. This for him is an absolutely essential prerequisite. For the professional courses in engineering a special and definite scientific preparation must be made; without it nothing but the most ordinary work in engineering can be accomplished. And it is probable that for theology, …


Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus Jan 1907

Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus

Articles

It is proper for me to say, in the beginning, that I have been delegated to bear, and I have the honor to present to the College of Law of the Ohio State University, upon this occasion the sincere congratulations and most hearty good wishes of the largest University Law School in the United States--the Department of Law of the University of Michigan. In addition to this, it is with much satisfaction, and is a very great personal pleasure, that I have the privilege of joining in the festivities of this dedication of the beautiful Temple of Themis, wherein the …


Thomas Mcintyre Cooley, Jerome C. Knowlton Jan 1907

Thomas Mcintyre Cooley, Jerome C. Knowlton

Articles

In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley and Benjamin F. Graves came from New York parentage and from New England stock. The three last named received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …


The Standard Oil Fine, Horace Lafayette Wilgus Jan 1907

The Standard Oil Fine, Horace Lafayette Wilgus

Articles

August 3, 1907, Judge Landis, in the United States District Court, for the Northern District of Illinois, sentenced the Standard Oil Co. to pay the largest fine ever inflicted upon any offender.1 The suit was an indictment on 1,903 counts for violations of the Elkins Rebate Law in receiving concessions on the movement of 1,903 cars of oil from Whiting, Indiana, to East St. Louis, Illinois, and from Chappell, Illinois, to St. Louis, Missouri, during the eighteen months between September I, 1903, and March 1, 1905. Four hundred and forty-one counts were withdrawn as not necessarily involved in this case. …


The American Bar Association's Meeting At Portland, Henry M. Bates Jan 1907

The American Bar Association's Meeting At Portland, Henry M. Bates

Articles

The meeting of the American Bar Association for 1907 was a notable one, both in respect of the attendance and in the importance of many of the matters discussed. Not only was the attendance unusually large, but the presence of many distinguished men from abroad who were delegates to the meetings of the International Law Association, held during the same week, added distinction to the gatherings. The meetings reflected significantly the discussion throughout the country upon the great legal and political questions which the changing conditions in the commercial and industrial world have brought so prominently before the nation during …


Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins Jan 1907

Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins

Articles

Waiver of the Tatutory Protection of the Confidential Relation of Physician and Patient.--The subject of the disclosure by the physician upon the witness stand of confidential communications between himself and his patient has already received attention in this journal: 2 MICHIGAN LAW REVIEW, p.687; 3 MICHIGAN LAW REVIEW, p. 311. The case of Long v. Garey Investment Company, decided by the Iowa Supreme Court December 15, 1906, may be briefly noticed, as it discusses a phase of the subject in regard to which the courts are not in entire harmony, namely, the waiver of the privilege that the statute confers.


Disbarment Or Suspension Of Attorney, Harry B. Hutchins Jan 1907

Disbarment Or Suspension Of Attorney, Harry B. Hutchins

Articles

The decision of the Supreme Court of Oregon in the case of State ex rel Grievance Committee of State Bar Association v. Tanner, rendered Jan. 12, 19O7, 88 Pac. Rep. 301, is of sufficient importance to merit brief notice. The proceeding was instituted by the grievance committee of the State Bar Association for the removal from practice of the defendant, an attorney at law, under a statute of the State that provides for the removal or suspension of an attorney from practice by the Supreme Court "upon his being convicted of a felony or of a misdemeanor involving moral turpitude."


Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins Jan 1907

Liability Of Hospitals For The Negligence Of Their Physicians And Nurses, Harry B. Hutchins

Articles

Liability of Hospitals for the Negligence of their Physicians and Nurses.-This question was recently examined by the Supreme Court of Utah in the case of Gitzhoffen v. Sisters of Holy Cross Hospital Association, 88 Pac. Rep. 691 (Jan. 26, 1907), and the opinion filed may well serve as a basis for comment. The hospital association was sued for damages for injuries that plaintiff claimed to have sustained through the negligence of defendant's nurses.


The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins Jan 1907

The Liability Of Charitable Corporations For The Torts Of Their Servants, Harry B. Hutchins

Articles

The Liability of Charitable Corporations for the Torts of their Servants.--This question was discussed quite fully in the last number of the REVIEW, pp. 552-559, under the title Liability of Hospitals for the Negligence of their Physicians and Nurses, particular attention being given to the reasons underlying the doctrine that charitable corporations are not liable for the negligence of their servants, provided proper care has been exercised in their selection, and to the limitations within which that doctrine should be confined. It was concluded that the true reason for the doctrine is not to be found, as many cases apparently …


What Is The Practice Of Medicine?, Harry B. Hutchins Jan 1907

What Is The Practice Of Medicine?, Harry B. Hutchins

Articles

In a popular sense, and as ordinarily understood the practice of medicine is the applying of medical or surgical agencies for the purpose of preventing, relieving, or curing disease, or aiding natural functions, or modifying or removing the results of physical injury. Stewart v. Raab, 55 Minn. 20, 56 N. W. Rep. 256. But in some relations, and for some purposes, the expression has a more extended meaning. This is to be found sometimes in statutory provisions, sometimes in the decisions of the courts upon questions involving the construction of the expression and sometimes in both. Medical acts not infrequently …


What Is The Practice Of Medicine?, Harry B. Hutchins Jan 1907

What Is The Practice Of Medicine?, Harry B. Hutchins

Articles

This question was quite fully considered in 4 Michigan Law Review, pp. 373-379, and many of the cases bearing upon the subject that had been decided at the time of the writing of the note were therein collected and reviewed. The case of State v. Wilhite, decided by the Supreme Court of Iowa, November 14, 1906, bears upon this subject, and is, perhaps, of sufficient importance to merit a brief reference.


Delegation Of Authority By An Agent, Floyd R. Mechem Jan 1906

Delegation Of Authority By An Agent, Floyd R. Mechem

Articles

No abstract provided.


An Inroad Upon Fiduciary Integrity, Edson R. Sunderland Jan 1906

An Inroad Upon Fiduciary Integrity, Edson R. Sunderland

Articles

It is a principle universally recognized throughout our system of law, that no person shall be permitted to occupy a position of trust and confidence who at the same time is clearly subject to influences hostile to a faithful performance of his trust. There is a rule as old as Christianity, and it has been incorporated into our law from the earliest times, that "no man shall serve two masters; for either he will hate the one and love the other, or he will hold to the one and despise the other." Fiduciary relations can rest upon no foundation but …


Law As A Culture Study, Edson R. Sunderland Jan 1906

Law As A Culture Study, Edson R. Sunderland

Articles

That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal …


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 …


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.


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 …


Surgical Operation On Minor Without Consent Of Parent, Harry B. Hutchins Jan 1906

Surgical Operation On Minor Without Consent Of Parent, Harry B. Hutchins

Articles

The case of Bakker v. Welsh et al., Io8 N. W. Rep. 94, recently decided by the Supreme Court of Michigan, is of interest, as it involves a question of special importance to the surgical practitioner and one upon which there seems to be a great dearth of authority.


Liability Of Water Companies For Fire Losses, Edson R. Sunderland Jan 1906

Liability Of Water Companies For Fire Losses, Edson R. Sunderland

Articles

In two recent articles published'in this Review, the question of the liability of water companies for fire losses was somewhat exhaustively discussed. The majority of the actions wherein it has been sought to hold water companies liable for fire losses suffered by private property owners, have been brought for breach of contract. In a few cases the theory adopted was that the water company owed a duty to all property owners, by reason of the public character of its service; and the fact that it was under contract with the city to furnish an adequate water supply and pressure for …


Some Observations On Case Law Reporting, John R. Rood Jan 1906

Some Observations On Case Law Reporting, John R. Rood

Articles

There is an old tradition, still believed by many lawyers, that these year-books were official reports made by a reporter appointed and paid by the king. If there ever was such a reporter, he is yet to be discovered. No year-books have been found in the treasury of the courts; there is no record of the appointment or payment of any official reporter, through all the two hundred and fifty years covered by the year-books; all the year-books now in the British Museum were found in private hands.2 Is it conceivable that an official reporter would criticize the court and …