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Articles 4051 - 4080 of 4292
Full-Text Articles in Entire DC Network
Is The Doctrine Of Consideration Senseless And Illogical, Henry Winthrop Ballantine
Is The Doctrine Of Consideration Senseless And Illogical, Henry Winthrop Ballantine
Michigan Law Review
In a recent article Dean ASHLEY, a distinguished authority on contracts, takes the somewhat paradoxical position of being at the same time counsel for the defense and also prosecutor of the doctrine of consideration. While defending it against various relaxations and modifications which have been suggested to accomplish more rational and just results, which he denounces as subterfuge and unwarranted usurpation of legislative power by the courts, he also, as it were, saws off the branch he is sitting on, by contending that the time has now come, either for the courts themselves to overrule the entire doctrine, or for …
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Michigan Law Review
The person who imitates a trademark has by common consent come to be described as a "pirate." At the time the designation was first applied, it was more or less appropriate. The pirate saw and coveted his neighbor's successful business, and like any MORGAN, TEACH, SHARKEY, or L'OLLONOIS, sighting a fat galleon laden with plate wallowing in the trade winds, homeward bound from the Indies, he laid himself alongside and took what he wanted. He counterfeited marks and labels as exactly as he could, not as he dared. There was no limit to his impudence. He was deterred only by …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Note And Comment, Ralph W. Aigler, Robert L. Mayall, Sidney E. Doyle, Burke W. Shartel
Michigan Law Review
The Character of User In Prescription - As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during -the endure prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 …
Declarations In The Course Of Duty Herein Of Refreshing Recollection, A N. Whitlock
Declarations In The Course Of Duty Herein Of Refreshing Recollection, A N. Whitlock
Michigan Law Review
The law of evidence is largely a law of exceptions. Lawyers and judges are not so frequently troubled with the question as to whether a certain bit of testimony is relevant, as they are in determining whether a certain bit of relevant testimony is admissible. In other words, the bulk of the law of evidence is concerned with exceptions to the general proposition that everything that is relevant is admissible. It should be noted that relevant is used as meaning "logically probative." The hearsay rule, various rules. With reference to opinion evidence, real evidence and evidence of character and the …
Note And Comment, George S. Burgess, Samuel H. Morris, William T. Hoffman
Note And Comment, George S. Burgess, Samuel H. Morris, William T. Hoffman
Michigan Law Review
Ten-Hour Labor Laws - The United States Supreme Court will soon have another opportunity to pass on the questions involved in that thorn. in the flesh of social reformers-the Bakeshop Case-if, as is probable, a case recently decided by the Mississippi Supreme Court is carried higher. Last year Mississippi enacted a sweeping ten-hour law making it unlawful for persons, firms or corporations engaged, in manufacturing or repairing "to work their employees more than ten hours per day except in cases of emergency or -where public necessity requires." Defendant, engaged in the manufacture of lumber and in the repair of its …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …
Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy
Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy
Michigan Law Review
The Renvoi Theory Repudiated as a Test for Determining the Negotiability of a Note - A recent case decided by the Supreme Court of Oklahoma (Bell v. Riggs, 127 Pac. 427) involving, among others, a question as to what law governs the negotiability of a note made in one State and payable in another, though of little intrinsic value so far as that point is concerned, is of some interest because the attorney for the holder of the note made a curious attempt to adapt the renvoi theory to his case. The term renvoi is used as a convenient descriptive …
Book Reviews
Michigan Law Review
Students and teachers of law, as well as historically-minded practitioners -though the number of the latter is, alas, all too few-have long felt the need of a brief but adequate and authoritative account of the origin and growth of English legal institutions. Previous treatises, based on modern investigations, notably those of Pollock and Maitland and Holdsworth, are not only too exhaustive, but do not completely cover the ground. Convinced, like many others of the present day, "that a rich field of educational effort awaited development," Mr. Jenks, already well-known for his contributions to various aspects of the subject, has at …
What Is The Law?, Joseph W. Bingham
What Is The Law?, Joseph W. Bingham
Michigan Law Review
It is intended that this title shall demand an analysis of the field of study in which the lawyer or jurist works and a determination of its essential and contributing elements. The purpose of the article is to sketch briefly a partial answer which will be instructive and helpful to the student who faces the problem as I faced it some ten years ago. I do not expect that anything new will be found in these ideas. I imagine that all of them must have been expressed many times before. Some of them are commonplace. None is esoteric. Probably the …
Judicial Criticism Of Legislation By Courts, Charles G. Haines
Judicial Criticism Of Legislation By Courts, Charles G. Haines
Michigan Law Review
In the application of the doctrine of judicial review of legislative acts, the federal courts of the United States have not infrequently been criticised for usurping part of the functions of the legislature. The criticisms have increased to such an extent as to raise an issue of national significance. Recently, charges against the judiciary for the usurpation of legislative functions have been made rather frequently by the justices of our federal Supreme Comt. The late Associate Justice Harlan, dissenting in part from the reasoning of the majority of the court in the Standard Oil case, brought such a criticism against …
Note And Comment, Ralph W. Aigler, Robert L. Mayall
Note And Comment, Ralph W. Aigler, Robert L. Mayall
Michigan Law Review
The Law School; Possession Under Mistake, as Adverse Possession; Limitation of Carrier's Common-Law Liability; The Force and Effect of State Insolvency Laws Under the Bankruptcy Act of 1898;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Animals--Abuse--Malice Toward the Owner; Assault and Battery--Apparent Ability; Bankruptcy--marshaling Assets of Partnership and of Constituent Firm; Banks and Banking--Checks--Fictitious Payee; Bills and Notes--Bona Fide Holder; Carrier--duty to Protect Passengers; Constitutional law--Division of Powers--Infringement on Executive; Constitutional law--Eminent Domain--Supersedure of Ordinance of 1787; Constitutional law--Special Legislation--Automobiles; Corporations--Issue of Stock--Corporation of Two States; Courts--Jurisdiction--Damage to Real Property Without the State--Negligence; Damage--Personal Injuries Contributing to Disease; Deeds--Assignment o fright of Entry Between Heirs; Deeds--Restrictive Covenant--"building" Defined; Equity--Infringement of Trade Marks--"Clean Hands"--Husband and Wife--Estate by Entirety--Conveyance of Husband's Interest; Judgment--Effect of the Transcript of a Justice's Judgement Filed in the District Court; Judgment--Estoppel--Homestead; Marriage--What …
The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore
The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore
Michigan Law Review
The multiplying instances of the delay or seeming miscarriage of justice, together with the indications that crime is not diminishing in this country, as it is in most progressive European countries, are responsible for the widespread feeling that American Criminal Law and Administration are ineffective as a corrective system, and thus fail adequately to protect society; that as President Taft puts it, "The administration of criminal law in this country is a disgrace to our civilization." Defective organization of courts, cumbrous and costly procedure and excessive emphasis on technicalities afford an undue advantage to the law-breaker of means and deepen …
Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley
Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley
Michigan Law Review
Civil Liability for False Testimony; Review by the Courts of the Decisions of the Land Department; Right of One Partner to Sue His Co-Partners in Conversion; Does a Tax Deed, Void on it Face, Give Color of Title; Interference With Employment by Trade Union;
Restrictions On The Use Of Patented Articles, Edward S. Rogers
Restrictions On The Use Of Patented Articles, Edward S. Rogers
Michigan Law Review
The case of Henry v. Dick recently decided by the Supreme Court of the United States, has occasioned considerable unfavorable comment in the public press. It seems to be the opinion of many that the decision lays down a new principle of law, particularly adaptable to the working of a monopoly, and that the public is, under the supposed new principle, exposed to a practically unlimited exploitation by any patentee. It is believed that neither of these contentions is correct.
National Power And State Interposition 1787-1861, Edwin S. Corwin
National Power And State Interposition 1787-1861, Edwin S. Corwin
Michigan Law Review
Fifty years have elapsed since South Carolina pretended to leave the Union. Looking over recent writings of northern men on the constitutional phase of that momentous event, one will find among their authors a strong disposition to throw up the whole case on the question of the legal rightfulness of secession. For this phenomenon four reasons may be assigned : (1) sheer human indolence; (2) the fact that the apologetic zeal of the conquered is notoriously apt to overbear the conciliatory complacency of the conqueror; (3) the fact that by a species of intellectual inertia the mind of the student …
Procedural Law Reform, Willis B. Perkins
Procedural Law Reform, Willis B. Perkins
Michigan Law Review
It is said that under our present practice, no matter how just the verdict and judgment of the court below may be, no lawyer can guarantee that his case may not be reversed by the Supreme Court. Is this criticism well-founded in fact; and, if so, is it a reflection upon our present methods of legal procedure? The statisticians tell us that no less than twenty per cent of all the cases taken to our appellate courts relate to questions of practice, and that throughout the country in forty per cent of these cases new trials are granted. In our …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Actos of Bankruptcy--Partnership Preferences; Bankruptcy--constitutional Protection Afforded by the Fourth and Fifth Amendments to the Constitution; Bankruptcy--Interest--When Payable After Date of Filing Petition and up to date of Payment; Banks and Banking--Payment of Check to Wrong Person--Estoppel; Bills and Notes--Construction of Instrument--Negotiable Notes; bills and Notes--Indorsers--Notice of Dishonor by Telephone--Sufficiency; constitutional Law--Due Process of Law--Criminal Insane; electricity--Interfering Currents; Equity--Injunction Against Unfair Competition; Fishery--In Gross or Appurtenant; Homestead--Abandonment--Removal From State; Insanity--Court Cannot Interfere if Defendant has Refused to Set it up as a Defense at the Trial; Insurance--Foreign Insurance Companies--Liability on Losses Occurring After Dissolution; Libel and Slander--Qualified Privilege--Priest and Congregation; …
The State Governor Ii, John A. Fairlie
The State Governor Ii, John A. Fairlie
Michigan Law Review
The power of the governor over the executive administration includes on the one hand his general control over the whole administration, and on the other hand the special authority conferred in certain particular branches of administration. His general authority is based on his control over the personnel of the administration, by means of his powers of appointment and removal; and by his power to see that the laws are executed, and more specific authority to direct and control the actions of subordinate officials. His special administrative powers include those in relation to military affairs and the external affairs of the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Possession of One Joint-Tenant as Possession of All; Bankruptcy--manner of Claiming Exemptions--Construction of Provisions Relating to Exemptions; Bankruptcy--Title to Property of Bankrupt After Adjudication and Before Election of Trustee; Bills and Notes--Agreement for Attorney Fee Void Under Negotiable Instruments Act; Champterty and Maintenance--Contract with attorney for Contingent Fee; Commerce--Carriers--Federal Employer's Liability Act Held Constitutional; Commerce--State Regulation--Intoxicating Liquors--Carrier's Refusal to Accept; Constitutional law--Equal Protection--Discrimination in License Tax; damages--Injuries to Growing Crops; Damages--liability of Corporation in Punitive Damages for Acts of Its Officers; Evidence--Carbon Copy Admissible as Duplicate Original; Evidence--Judicial Notice that Beer is an Intoxicating Liquor; Garnishment--Impeaching Affidavit--Dissolution; Infants--Torts--Breach of …
Note And Comment, Ralph W. Aigler, Langdon H. Larwill, Walter R. Metz
Note And Comment, Ralph W. Aigler, Langdon H. Larwill, Walter R. Metz
Michigan Law Review
The Rule of Certainty in Damages and the Value of a Chance; Is a Bank Check an Assignment Pro Tanto of the Fund on Deposit?; The "Finger-Print" Case; Right of Husband to Recover Alimony Independent of an Action for Divorce;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Prior Holding; Appeal and Error--Harmless Error--Admission of Evidence--Mortality Tables; Bankruptcy--Effect of Composition of Liability of Surety on Bankrupt's Note; Bank and Bank--Collections--Insolvency of Collecting Bank; Bills and Notes--instruments Constituting Negotiable Notes; Contracts--Arbitration Clause; Contracts--Indefiniteness of Promise; Contributory Negligence--Acts in Emergency; Corporations--Liability of Corporation in Action for Deceit; Estoppel--School Lands--Title of State; False Pretenses--Defenses--Illegality; Husband and Wife--Support of Self and infant Children--Action by Wife Against Husband; Intoxicating Liquors--Regulation--Prohibition--Police Power; Mortgages Upon Property of Constituent Companies Become a Lien Upon the Property of a Consolidated Company; Municipal Corporations--Liability for Injuries Resulting from Civic Beautification; Municipal Corporations--Partial Vacation of Streets--Title to Land …
Workmen's Compensation In Michigan, Hal H. Smith
Workmen's Compensation In Michigan, Hal H. Smith
Michigan Law Review
The Michigan Commission appointed by Governor Osborn to report upon Employers' Liability and Workmen's Compensation, and to present a law that would embody its conclusions, has formulated its report and laid the same before the Governor. The report deals with the subject from an economic standpoint in so far as it was found possible to divorce it from the legal problems that are so important to a practical and constitutional solution. Though the Commission has in its report made no particular reference to its views upon the legal questions involved, it is evident, that it must have arrived at a …
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Michigan Law Review
What Here Included--It will be borne in mind that the question here to be considered is not in what form or in what manner authority to sell land may be conferred, e. g., whether it must be by writing or may be by word or act, but whether an authority properly created and unquestionably existing for some purpose will include this one, whether authority unquestionably relating in some form to land confers authority to sell it, and whether an authority clearly authorizing a sale of land confers authority to do some other act relating to it. So far as form …
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Michigan Law Review
The Power of a Court to Compel a jury to Render its Verdict in Accordance with a Peremptory Instruction; The Liability of Municipal Corporations in the Discharge of Public or Governmental Duties and of Private or Corporate Duties; Some views of the Nature and Effect of Corporateness; Mitigation of Damages or Substituted Contract; Limitation of the Amount of a Carrier's Liability
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Army and Navy--Enlistment of Minor--Discharge; arrest--Authority to Arrest Without Warrant--"In His Presence"--"Within His Immediate Knowledge"; Bankruptcy--The Right of a Wife to Recover an Equitable Claim Against Her Husband's Estate in Bankruptcy; Bankruptcy--Title of Trustee as Against Unrecorded Contract of Conditional Sale--Effect of Amendment of 1910; Banks and Banking--Entry of Deposit for Collection--Insolvency of Banks Agent; Bills and Notes--Stipulations for Attorney's Fees--Validity; Corporations--Sale by Corporation to Sole Stockholder--Notice; Criminal Law--Adjournment of Court to House of a Sick Witness; Criminal Law--Error in Admission of Evidence; Damages--Breach of Contract to Carry Dead Body; Damages--Denial of Recovery for Mental Suffering Under Statute; Equity--Equitable Set-Off …
Note And Comment, Paul P. Farrens, Langdon H. Larwill, Leonard F. Martin
Note And Comment, Paul P. Farrens, Langdon H. Larwill, Leonard F. Martin
Michigan Law Review
The Latest Step in the Expansion of the Commerce Clause of the Federal Constitution; The Right of a Trustee of a Bankrupt Partnership to Administer the Individual Estate of an Unadjudicated Partner Against His Will or Consent; Presumption in Favor of Reply Letters; A Novel Case Upon the Question of What Constitutes Former Jeopardy
Book Reviews, Gordon W. Stoner, Edwin C. Goddard
Book Reviews, Gordon W. Stoner, Edwin C. Goddard
Michigan Law Review
Dillon: Commentaries on the Law of Municipal Corporations; Wyman: Public Service Corporations; White: Commentaries on the Law in Shakespeare, with Explanation of the Legal Terms Used in the Plays, Poems and Sonnets, and Discussion of the Criminal Types Presented;
The Recall And The Political Responsibility Of Judges, W. F. Dodd
The Recall And The Political Responsibility Of Judges, W. F. Dodd
Michigan Law Review
The movement for the recall of State officers is one which has became important only within the past three or four years. The first application of the recall as a modem institution in the United States appears to have been in Los Angeles in 19o3, where the institution was adopted in the amendment of the charter framed by that city. From Los Angeles the recall as applicable only to municipal officers spread to other California cities, and has now been rather widely adopted in other States. The first State constitutional amendment with respect to the recall, that of California in …