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Articles 4021 - 4050 of 4292
Full-Text Articles in Entire DC Network
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler
Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler
Michigan Law Review
A Partnership as a Farmer in Bankruptcy - After much uncertainty and difference of opinion among the courts as to the position of Partnerships under the Bankruptcy Act certain phases of the problem were set at rest by the Supreme Court in Francis v. McNeal. By that case it seems to have been authoritatively settled (1) that in determining the solvency or insolvency of a partnership the individual estates available for payment of firm debts are to be considered, and (2) that an adjudication of the firm as such draws into the proceeding the administration of the estates of members …
Ontario Courts And Procedure, Herbert Harley
Ontario Courts And Procedure, Herbert Harley
Michigan Law Review
The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …
Proposed Remedies In Court Procedure, Willis B. Perkins
Proposed Remedies In Court Procedure, Willis B. Perkins
Michigan Law Review
It is the judgment of the writer that the chief function of the legislature is to declare substantive rights. Court procedure being but the machinery by which substantive rights are determined, the responsibility for the effectiveness of that machinery should rest alone upon the courts. Unnecessary prolixity and confusion too frequently result from the present two-fold source of procedural law.
Registration Of Land Titles, John R. Rood
Registration Of Land Titles, John R. Rood
Michigan Law Review
It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles-adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.
Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore
Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore
Michigan Law Review
The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Basic Doctrine Of American Constitutional Law, Edward Corwin
Basic Doctrine Of American Constitutional Law, Edward Corwin
Michigan Law Review
The two leading doctrines of American Constitutional Law before the Civil War, affecting state legislative power, were the Doctrine of Vested Rights and the Doctrine of the Police Power. The two doctrines are in a way complementary concepts, inasmuch as they represent the reaction upon each other of the earlier conflicting theories of natural rights and legislative sovereignty. But the older doctrine is the, doctrine of vested rights, which may be said to have flourished before the rise of the Jacksonian Democracy. Furthermore, if Constitutional Law be regarded from the point of view of its main purpose, namely, that of …
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Michigan Law Review
Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament. Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here. In a few cases, and particularly in the decisions of the courts of North Carolina, offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …
English Judicature Act Of 1873, Willis B. Perkins
English Judicature Act Of 1873, Willis B. Perkins
Michigan Law Review
It seems to be the general impression that reform in judicial procedure is a new and radical thing in the history of jurisprudence. This is far from the fact. It is as old as jurisprudence itself. From Solon to Justinian, from Justinian to the Magna Charta, from the Magna Charta to Bentham, from Bentham to Field, and in every civilized country, radical changes have taken place from time to time, touching both procedure and substantive law. Court systems have been codified, systematized and rearranged to meet advancing and changing social and industrial conditions. From the religious ceremonies, constituting the methods …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner
Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner
Michigan Law Review
Adverse Possession in the Case of the Rights of Way of the Pacific Railroad Companies - While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips -were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect …
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Michigan Law Review
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Michigan Law Review
Criticism of the law, the courts, and the legal profession is one of the popular customs of the day. So constantly and so insistently are we told of the shortcomings of the Bench and Bar that it is hard to hold one's footing against the sweep of the current. One might well suppose from all the clamor that the ancient respectability of the law had suddenly been discovered to be a monstrous pretense, a fraud on the innocence and trustfulness of the people, a cloak for injustice and a mask for oppression.
If The Lines Of A Junior Lode Location Be Laid Across The Surface Of A Valid Senior Location Will The Junior Location Acquire Extralateral Rights Based On A Portion Of The Vein Which Is Included Within The Senior Location As Against Another Earlier Location Covering The Dip Of The Vein, Myron A. Folsom
Michigan Law Review
It was decided in Del. Monte M. & M. Co. v. Last Chance M. & M. Co.,: that the lines of a junior lode location may be laid upon the surface of a valid senior location (if done openly and peaceably), for the purpose of securing extralateral rights on the dip of a vein the apex of which is within the second and outside of the first. But the court declined to decide whether the junior locator would acquire any extralateral rights based upon a portion of the apex covered by the senior location, saying "Perhaps the rights of the …
Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler
Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler
Michigan Law Review
Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
On Uniformity In Judical Decisions Of Cases Arising Under The Uniform Negotiable Instruments Act, Amasa M. Eaton
On Uniformity In Judical Decisions Of Cases Arising Under The Uniform Negotiable Instruments Act, Amasa M. Eaton
Michigan Law Review
When the American Bar Association was formed in 1878, the first object stated in the call was "to assimilate the laws of the different states," and the first article of the Constitution stated that one of the principal objects of the Association was "to advance the science of jurisprudence, to promote the administration of justice and uniformity of legislation throughout the Union."
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Michigan Law Review
What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …
Nature Of Legal Rights And Duties, Joseph W. Bingham
Nature Of Legal Rights And Duties, Joseph W. Bingham
Michigan Law Review
One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …
Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler
Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler
Michigan Law Review
The Law School -As a result of the increased requirements for admission, which are now in their second year of operation, the attendance at the Law School is less than that of last year, though the decrease is less than was anticipated at the time of the adoption of the higher requirements. The entering class (the second, under the new standard) is about thirty larger than that of last year. There are no changes in the teaching staff, and none of great importance in the curriculum.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Michigan Law Review Vol 11 (1912-1913)
Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory
Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory
Michigan Law Review
Paul and the other apostles were brought before the Council of Israel for preaching the doctrines of Christ contrary to the mandates of that body. Gamaliel, a Pharisee and a doctor of the law, stood up in the Council and said: "Ye men of Israel, take heed to yourselves what ye intend to do as touching these men. And now I say unto you, Refrain from these men, and let them alone; for if this counsel or this work be of men, it will come to nought; but if it be of God, ye can not overthrow it; lest haply …
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Michigan Law Review
The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …
Relations Between Equity And Law, Wesley Newcomb Hohfield
Relations Between Equity And Law, Wesley Newcomb Hohfield
Michigan Law Review
At the last annual meeting of the Association of American Law Schools, Professor Walter W. COOK contributed an interesting address on Equity and its relation to Law. Taking as his more specific subject, "THE PLACE OF EQUITY IN OUR LEGAL SYSTEM," the speaker began his discussion with an extensive quotation from MAITLAND'S LECTURES ON EQUITY,--a work cordially welcomed by that distinguished scholar's many admirers upon its posthumous publication in the fall of 1909.
Recent Important Decisions
Michigan Law Review
Banks and Banking - Right to Set-off Deposit Against Debt Due Bank - L. Bank set off a matured debt due to it by a depositor against the amount due by the bank to the depositor, all of which was done after the death of the depositor and after appraisers appointed to set apart a year's support to his widow had made a return, setting apart the amount due by the bank to the decedent. Held, that the bank exercised its right of setoff too late, Luthersville Banking Co. v. Hopkins (Ga. 1913) 77 S. R: 589.
Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram
Note And Comment, Edwin C. Goddard, Jack M. Hendrick, Wilson W. Mills, Samuel H. Morris, George A. Cram
Michigan Law Review
The Effect of the Carmack Amendment to the Hepburn Act Upon State Laws as to Limitation by Contract of the Amount of the Liability of a Common Carrier - Three recent decisions of the Supreme Court of the United States involving the construction, of the Carmack Amendment to the Hepburn Act may be considered together, as the second was governed wholly and the third largely by the decision of the first. In the first case plaintiff delivered to defendant express company at Cincinnati, Ohio, a diamond, ring consigned to Augusta, Georgia. The package was never delivered, and plaintiff recovered judgment …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction Depending on Principal Place of Business, Residence or Domicile - B, a domiciled resident of New York, employed by an express company in New York City in the capacity of a rate clerk, moved to New Jersey in igo8 for the purpose of acquiring a residence which would give the courts of that state jurisdiction of a contemplated divorce proceeding against his wife. He retained his position with the express company in New York, and in 1911 he secured a divorce in New York, the sole ground of jurisdiction of the New York court being that the …