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Articles 3871 - 3900 of 4292
Full-Text Articles in Entire DC Network
Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler
Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler
Michigan Law Review
James H. Brewster - Thousands of alumni and former students of the Law School will learn with deep regret of the sudden death of Professor Brewster in Denver, Colorado, on October 7, 1920.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption - Right to Inherit from Foster Parents Not Lost by Readoption by Natural Father - In an adopted child's action against the natural children of foster parents and their assigns for the partition of real estate, where it appeared that the child had been re-adopted by the natural father, and where it appeared that she had stood by while the natural children sold the property to the co-defendants, it was held that the right to inherit from the foster parents was not lost by the readoption by the natural father and that she was nct estopped to assert her …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bills and Notes - "Fictitious Payee" - Payee a Person Not Intended to Have Any Interest - A member of a firm, authorized to sign the firm's name, made checks payable to an existing association, which he did not intend should ever gain possession of or have any interest in such checks, merely for the purpose of obtaining money for himself, which he did by unlawfully indorsing the association's name to the checks. The plaintiff firm now seek to recover the amount of the checks, charged to their account by the defendant bank, and the defense is that the payee …
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Michigan Law Review
The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Color of Title - Deed Color of Title Although Known not to Convey Title - In a suit for trespass the land which the plaintiff claimed to own was in part occupied by plaintiff's church building and the adjoining lot was used by the members of the church for hitching iheir horses and for picnics, etc. Both tracts had been so used by the plaintiff for twenty-five years or more. The land was conveyed by A to plaintiff, by deed recorded, describing the land purported to be conveyed. The defendant claimed that the deed did not operate …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Accretion - Title to New Land - Encroachment of Watercourse Upon Lands Beyond - D's lands were bounded on the east by a river and on the west by the land of P. By erosion the river slowly shifted until all of D's tract was washed away as well as part of P's holding. The river then slowly receded and the land of P was built up as was also new land east of the former boundary of P and D. P brings an action to quiet title for the land newly formed. Held, title to the land in dispute …
Writs Vs Rights An Unended Contest, Lyman P. Wilson
Writs Vs Rights An Unended Contest, Lyman P. Wilson
Michigan Law Review
It is desired in the following pages, even at the expense of repeajing much that is already common knowledge, to emphasize that as yet we are not done with the formulary system of the common law, despite the fact that codes of civil procedure in most of our states have purported to end the varied and interesting career of forms of action at common law by legislating them out of existence. However, that legislative edict has been about as effecttive as was the famous, but probably mythical, order of King Canute to the waves of the sea. Certain well-known illustrations …
Fictitious Payee, Victor H. Kulp
Fictitious Payee, Victor H. Kulp
Michigan Law Review
It is proposed to discuss the doctrine that negotiable instruments with fictitious payees are deemed payable to bearer, and to note the conditions and limitations of the rule.
Book Reviews, Joseph H. Drake
Book Reviews, Joseph H. Drake
Michigan Law Review
The appearance in permanent form of these five lectures, which were first published in the Fortnightly Review in 1878 and i879, will be welcomed by all interested in the history of jurisprudence, since they put forth in most attractive form several of the basic principles of the subject as they were understood by learned English jurists forty years ago. They are reissued in practically unchanged form, with annotations by Professor Lefroy, whose untimely death apparently occurred before the volume was printed, though there is no notice of that sad event in the book itself.
Copyright And Morals, Edward S. Rogers
Copyright And Morals, Edward S. Rogers
Michigan Law Review
The basis for national copyright legislation in this country is Article I, Section 8 of the Constitution: "The Congress shall have power * * * to promote the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries."
Note And Comment, Joseph H. Drake, Grover C. Grismore, Victor H. Lane, Edgar N. Durfee, Robert G. Day
Note And Comment, Joseph H. Drake, Grover C. Grismore, Victor H. Lane, Edgar N. Durfee, Robert G. Day
Michigan Law Review
Epithetical Jurisprudence and the Annexation of Fixtures - If we begin with all the facts of a controversy and proceed inductively to determine the rights of the parties litigant, we thus arrive at a jurisprudence of rights, whereas, if we reason deductively from a rule, a definition, or a maxim of law to its application in the facts of our case, we can at best attain only a jurisprudence of rules, which has been so aptly characterized as an epithetical jurisprudence. The subject of fixtures is one in which we have great difficulty in applying the inductive method because the …
Note And Comment, Horace Lafayette Wilgus, Joseph H. Drake, Lester E. Waterbury, Louis Kawin, Ralph W. Aigler, Rolla L. Carpenter
Note And Comment, Horace Lafayette Wilgus, Joseph H. Drake, Lester E. Waterbury, Louis Kawin, Ralph W. Aigler, Rolla L. Carpenter
Michigan Law Review
Liability of Manufacturer to Remote Vendee for Defective Automobile Wheel - Plaintiff. in February. 19O. purchased from the Utica Motor Car Company, a Cadillac six-passenger touring car, manufactured by the Cadillac Motor Car Company, of Michigan. The Utica company was a dealer in motor cars, and purchased to resell; it was the original vendee, and the plaintiff was the sub-vendee.
Duration And Termination Of An Offer, Herman Oliphant
Duration And Termination Of An Offer, Herman Oliphant
Michigan Law Review
Professor Williston has recently pointed out' the change which the law of the formation of simple contracts underwent during the first century of its development. The change is fundamental. Originally the courts thought of a simple contract as involving an actual concurrence of the minds of the parties. Gradually this conception was supplanted by the notion that the objective and not the subjective state of mind of the parties is controlling. Where the actual state of mind differs from the apparent state of mind, the former must be ignored and, whenever they happen to be identical, it may be ignored …
Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner
Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner
Michigan Law Review
Just as the war has educated the public in geography, so the question of amending the organic law of the country has stimulated discussion concerning our own legal and political institutions. The amendments providing for the direct election of senators and for federal power to levy an income tax attracted little attention compared with the sudden interest in legal questions which the so-called prohibition amendment has aroused, for it touches upon a matter of very intimate personal concern to many people and one over which very heated controversies have raged. Matters involving, or which are made to involve, moral issues …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement - Liability of Notary - Where the defendant, a notary, certified that certain impersonators of the grantors were known to him, and that they were the persons who executed the deeds, and the plaintiff who accepted the deeds as security for a loan in reliance upon the certificate of the notary was defrauded, held, the defendant was guilty of negligence and must respond in damages for not fulfilling the requirements of Sec. i185 of the Civil Code: that "the acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the …
Note And Comment, Arvid B. Tanner, Edson R. Sunderland, Edwin D. Dickinson, Ben B. Matthews, Lewis H. Mattern
Note And Comment, Arvid B. Tanner, Edson R. Sunderland, Edwin D. Dickinson, Ben B. Matthews, Lewis H. Mattern
Michigan Law Review
Willard Titus Barbour.- Legal scholarship in America suffered a grievous loss in the death of Willard T. Barbour, Charles F. Southmayd Professor of Law in the Yale Law School on March 2, 1920. Indeed it is not too much to say that his loss will be felt wherever the English Common Law holds its sway, for he had dipped deep into the obscured origins of Equity Jurisdiction during his study at Oxford and in London, and was but at the beginning of a series of studies and lectures which would ultimately have developed into a comprehensive book, throwing light not …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Abatement and Revival - Pendency of Another Action Ground for Dismissal - Plaintiff brought an action in B county to recover damages as the result of a collision between his truck and defendants automobile. The defendant had previously brought an action in P county, where he resided, against the plaintiff, for damages arising out of the same collision, which action was pending when the latter was begun. Defendant filed a plea setting up the pendency of his own action in P county and moved to dismiss plaintiff's action. Motion denied. Defendant appealed. Held, the action should have been dismissed. Allen …
Extension Of Liability Of Abstracters, Harry R. Trusler
Extension Of Liability Of Abstracters, Harry R. Trusler
Michigan Law Review
The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."
Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus
Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus
Michigan Law Review
Effect at the Situs Rei of a Decree Ordering Conveyance of Foreign Land - In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it w9uld a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union. the "full faith …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks and Banking - Negotiable Instruments - Indorsement of Forged Check - Plaintiff, nowing that the one who signed the drawer's name was not the drawer herself, but not knowing further of signer's lack of authority, presented a check drawn on defendant bank in which bank the supposed drawer had an account but not sufficient to cover the check. The check was payable to plaintiff and indorsed by him and was placed to his credit in the bank. After discovering the forgery defendant charged tle check to plaintiff's account. Plaintiff objected to such charge. Held, that the defendant might repudiate …
Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers
Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers
Michigan Law Review
iew in June, 1910, entitled, "The Unwary Purchaser, A Study in the Psychology of Trademark Infringement".
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Michigan Law Review
Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?
Book Reviews, Edson R. Sunderland, Edwin D. Dickinson
Book Reviews, Edson R. Sunderland, Edwin D. Dickinson
Michigan Law Review
Unless lawyers are an unimaginative and hopelessly backward-looking social group, as some unkind critics have asserted, they will find this book one of he most suggestive and stimulating contributions to legal literature that has appeared in recent years. It touches in a broad way the whole field of the relation of legal institutions and the legal profession to the major problems of society. It demonstr4tes in a most striking manner how those who plan and administer the machinery of the law must awake to the fact that they form the front line of civilization's defense against anarchy. And it presents …
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Michigan Law Review
The above specific question, upon which there is a conflict of authority, cannot be intelligently discussed without first considering some features of the general law as to conditional privilege.
Judicial System Of Michigan Under Governor And Judges, W L. Jenks
Judicial System Of Michigan Under Governor And Judges, W L. Jenks
Michigan Law Review
When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …
Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane
Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane
Michigan Law Review
The Law School- The year 1919-1920 opens with 336 sudents enrolled. These are classified as follows: Third year--85; second year--W; first year -149; special-s. As compared with 65 enrolled a year ago the present attendance is gratifying. Preliminary applscations point to a large number of entering students in February.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Boundaries - Property Conveyed - Half of "Lot" Street - Plaintiff and defendants own, respectively, the easterly and westerly halves of "lot 17" of a certain tract of land. Defendants' deed described the land conveyed to them as the "westerly one-half of lot 17" of said tract, according to a recorded map, which indicated that the western boundary of lot 17 is the center line of an avenue 6o feet wide. Plaintiff sues to quiet title to a strip of land i5 feet wide adjacent to the center line of said lot. Held, that the 3o-foot strip covered by the …
Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum
Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum
Michigan Law Review
Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Michigan Law Review
The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'
Administering Justice The Medical Prepossession, Clarence A. Lightner
Administering Justice The Medical Prepossession, Clarence A. Lightner
Michigan Law Review
This quotation is from a recent document coming from con- servative and intelligent sources, recommending as a cure for economic and commercial unrest, and other evils, the creation of a League of National Guilds.