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Michigan Law Review

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An Experiment In Equalization, And Its Result, William Carpenter Mar 1910

An Experiment In Equalization, And Its Result, William Carpenter

Michigan Law Review

The legislature of the State of Michigan at its latest session, attempted to provide a remedy for the injustice often occasioned by the boards of supervisors in equalizing the assessment rolls of the several townships, wards and cities of their respective counties. For that purpose it passed Act No.292 of the laws of 19O9 amending secs. 34 and 37 of the general tax law. The act provides that any supervisor of any township or city who considers his township or city aggrieved by the action of the board of which he is a member, in equalizing the valuation of the …


Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes Mar 1910

Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes

Michigan Law Review

The Work of the Commissioners on Uniform State Laws; Some Difficulties of Code Pleading; Applicability of Ordinances to the Distribution of Liquors by Social Clubs; Capias in Execution Without Prior Order or Arrest; The Degree of Care Required in the Operation of a Scenic Railway; Who Can Complain of Ultra Vires Acquisition of Real Estate by a Corporation?; The Heinrich Brunner Memorial;


Recent Important Decisions, Michigan Law Review Mar 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Appeal and Error--Meaning of "Person Aggrieved"; Bankruptcy--dower Rights of Bankrupt's Wife; Bankruptcy--Mechanic's Lien--Set Off; Bills and Notes--Usury--when note is Void as to Both Principal and Interest; Boundaries--Meander Line--Riparian Rights; Citizenship--Marriage of Alien Woman to a Citizen--Naturalization; Constitutional law--Constitutionality of Office of Supreme Judge--Construction of State Constitution; Constitutional Law--Full Faith and Credit--Chancery Power to Affect Foreign Property; Constitutional Law--Police Power--License and Registration of Automobiles; Contracts--Restraint of Trade--Limitation as to Time; Damages--Breach of Warranty of Title--Attorney's Fees and Costs; Deeds--Support and Maintenance as Consideration--Condition Subsequent; Evidence--Crimes Affecting Credibility of Witnesses; Evidence--Letters Between Husband and Wife--Not Privileged in Hands of Third Parties; Husband …


Some Leading Principles Of Chinese Law, Gustavus Ohlinger Jan 1910

Some Leading Principles Of Chinese Law, Gustavus Ohlinger

Michigan Law Review

It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers' guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the …


Recent Important Decisions, Michigan Law Review Jan 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …


Book Reviews, Henry M. Bates, Joseph H. Drake, Evans Holbrook Jan 1910

Book Reviews, Henry M. Bates, Joseph H. Drake, Evans Holbrook

Michigan Law Review

Cooke: The Commerce Clause of the Federal Constitution; Various: Select Essays in Anglo-American Legal History. Volume 3.; Tiffany: A Handbook on the Law of Persons and Domestic Relations


Some Questions In Connection With State Rate Regulation, Guy A. Miller Dec 1909

Some Questions In Connection With State Rate Regulation, Guy A. Miller

Michigan Law Review

There are probably few questions of greater interest, both present and future, than those which concern the relations between corporations performing the so-called public services on the one hand, and their immediate patrons and the general public on the other. These questions relate to the quality and safety of the services rendered, to the rights of all members of the public to receive service without discrimination, and to the charges which may be exacted for those services. To a great extent they involve matters of public policy and economics, rather than those which are strictly legal in nature, while even …


Book Reviews, Henry M. Bates, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland Dec 1909

Book Reviews, Henry M. Bates, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland

Michigan Law Review

Williston: the Law governing Sales of Goods at Common Law and Under the Uniform Sales Act ; Russell: Cases on the Measure of Damages; Scott: The Courts of the State of New York. Their History, Development and Jurisdiction; Macomber: The Fixed Law of Patents, As Established by the Supreme Court of the United States and the Nine Circuit Courts of Appeals; Scott: The Evolution of Law. A historical review based upon the author's Commentaries on the Evolution of Law.


Book Reviews, Edward S. Rogers, Victor H. Lane, Henry M. Bates, John R. Rood, Victor H. Lane Nov 1909

Book Reviews, Edward S. Rogers, Victor H. Lane, Henry M. Bates, John R. Rood, Victor H. Lane

Michigan Law Review

Nims: The Law of Unfair Business Competition; Moore: A Treatise on Facts or the Weight and Value of Evidence; Reeder: Rate Regulation, as Affected by the Distribution of Governmental Powers in the Constitutions; Reeves: A Treatise on the Law of Real Property; Lorenzen: Cases on the Conflict of Laws


Recent Important Decisions, Michigan Law Review Nov 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Trustee's Right to Enforce Stockholder's Statutory Liability; Bills and Notes--Failure of Consideration--When Maker is Estopped From Pleading It; Bills and Notes--Instrument Payable After Death--Whether Valid Obligation or of a Testamentary Character; Carriers--Interstate and Intrastate Commerce; Carriers--Regulations Relative to Shipment of Live Stock; Constitutional Law--Equal Protection of Laws--Foreign Corporations--Statute Forfeiting Right to Do Business; Constitutional law--Police Power--Personal Liberty--Photographing Persons Charged With Crime; Contempt--Murder of Prisoner Pending His Appeal; Counties--Action by Taxpayer--Compensation of Attorney; Criminal Law--What Constitutes a Disorderly House; Damages--Allowance of Attorney's Fees--rule in Hadley v. Baxendale Applied; Eminent Domain--Taking or Damaging Property--Noise and Smoke From Operation of Railroad; Equity--Illegal Contract--Duty …


The Illinois Ten-Hour Labor Law For Women, Andrew Alexander Bruce Nov 1909

The Illinois Ten-Hour Labor Law For Women, Andrew Alexander Bruce

Michigan Law Review

There are few cases before the American courts today which are of more significance than that which has recently been brought in the Illinois courts by William E. Ritchie of Chicago and which seeks "to enjoin the prosecuting officers of the state from enforcing the provisions of the so-called Women's' Ten-Hour Labor Law. The case of course involves the somewhat mooted question as to whether the remedy in such cases, if remedy there be at all, is by injunction, or whether the slower and more unsatisfactory procedure of a writ of error is not technically demanded, but this question is …


Book Reviews, Robert E. Bunker, Joseph H. Drake, Joseph H. Drake Jun 1909

Book Reviews, Robert E. Bunker, Joseph H. Drake, Joseph H. Drake

Michigan Law Review

Frost: A Treatise on Guaranty Insurance and compensated Suretyship including therein as subsidiary branches, The Law of Fidelity, Commercial and Judicial Insurance, &c.; Freeman: The American Reports. Containing the Cases of General Value and Authority. Decided int eh Courts of Last Resort of the Several States.;Green: Digest of the Decisions of the Courts of last resort of the several states from 1904 to 1909 contained in the American State Reports, vols. 97 to 120 inclusive, and of the notes to cases reported therein.; the Earl of Halsbury et al.: The Laws of England, Being a Complete …


Recent Important Decisions, Michigan Law Review Jun 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …


Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane May 1909

Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane

Michigan Law Review

Effect of Taking Possession of Mortgaged Property Under a Chattel Mortgage as Against a Junior Mortgagee; The Effect of the Reunion of the Cumberland Presbyterian Church With the Presbyterian Church in the United States of America Upon the Property of the Former; The Exclusive Use of Part of Railroad Station Grounds by Hackmen; Conflict of Jurisdiction in Bankruptcy Cases Between Federal and State Courts; Right of the Legislature to Amend Corporate Charters Under the Reserved Power; Can A Purchaser From a Tenant Acquire Title by Adverse Possession?; Can a Mortgagor After the Execution of the Mortgage Create an Easement in …


Recent Important Decisions, Michigan Law Review May 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Discharge of Bankrupt From Arrest--Claims--Judgment--Willful and Malicious Injury; Bills and Notes--anomalous Indorser; Bills and Notes--Innocent Holder of Note Given on the Sale of "Futures"; Constitutional Law--Imprisonment for Debt; Elections--Constitutionality of "Terrell Election Law"; Eminent Domain--Accretions--Extending Highway--Compensation; Guaranty--Consideration--Past and Future Advances; Intoxicating Liquors--Right to Withdraw Names from Local Option Petition; Intoxicating Liquors--Sale of Malt Tonic; Landlord and Tenant--Change in Law Preventing Use of Part of Premises--Abatement of Rent; License--Parol Permission to Use Lands--Revocation of, After Expenditures by Licensee; Mandamus--Nature of the Remedy; Master and Servant--Injuries to Third Persons; Master and Servant--Injuries to Third Persons--Dual Relation--Proximate Cause; Monopolies--Right to Recover on Monopolistic …


Mutuality Of Options, R. T. Holland Apr 1909

Mutuality Of Options, R. T. Holland

Michigan Law Review

In spite of the fact that options, so-called, have been in use for many years, it is surprising to find that the law is still somewhat unsettled, and that courts frequently express doubt as to their validity at this late day. The main difficulty with this form of contract seems to be an apparent lack of mutuality, and even when sustained, they have, in many cases, been treated as exceptions to the rule that mutuality must be present in all contracts.


Book Reviews, John R. Rood, John R. Rood Apr 1909

Book Reviews, John R. Rood, John R. Rood

Michigan Law Review

Costigan, Jr.: handbook on American Mining Law; Minor: The Law of Real Property (Based on Minor's Institutes); Mikell: Cases on Criminal Law, selected from decisions of English and American Courts; Beecher: The Annotated Constitution of Michigan, with Introduction by Fred A. Baker


Economic Aspects Of The Law Of Master And Servant, In Its Relation To Industrial Accidents, Clarence A. Lightner Apr 1909

Economic Aspects Of The Law Of Master And Servant, In Its Relation To Industrial Accidents, Clarence A. Lightner

Michigan Law Review

We hear it said frequently that the relations between master and servant have completely altered during the past century and that, due to the introduction of machinery, workmen are much more frequently and more seriously injured than formerly. In fact, these statements have become trite. It takes an article, such as that written by Arthur B. Reeve, in the February, 1907, number of Charities and the Commons, entitled "The Death Roll of Industry," to bring to our minds what these statements actually mean; to impress us with the seriousness of present conditions. Although statistics upon the matter are not as …


The Position Of A Trustee In Bankruptcy With Reference To Unfiled Or Unrecorded Chattel Mortgages And Conditional Sale Contracts, Ralph W. Aigler Apr 1909

The Position Of A Trustee In Bankruptcy With Reference To Unfiled Or Unrecorded Chattel Mortgages And Conditional Sale Contracts, Ralph W. Aigler

Michigan Law Review

Since the enactment of the first bankruptcy act the courts have very frequently been called upon to consider the precise position of the trustee in bankruptcy, with reference to his ability to raise the question of the invalidity of transfers or liens made or created by the bankrupt prior to the proceedings in bankruptcy. The phase of this question indicated by the title of this article is possibly of more interest than the rest of the general subject, because of the changes, or to be more exact, the supposed changes, through which the law has passed. And if the law …


Recent Important Decisions, Michigan Law Review Apr 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arson--Persons Liable--Husband or Wife; Bankruptcy--Exemptions--Homesteads; Carriers--Bill of Lading--Estoppel to Deny Receipt of Goods; Commerce--Carriers--State Regulation--Congressional Inaction; Constitutional Law--Interstate Commerce--Compelling Carrier to Share Facilities with Rival--Due Process of Law; Constitutional Law--Right to Engage in the Business of an Undertaker; Counties--Railway Aid Bonds--Conditions Precedent; Covenants--Power of Court of Equity to Compel Release of, as Cloud on Title; Divorce--alimony--Divorce Granted Against Wife; Eminent Domain--Appropriation of Property--Street Railway Addition Burden; Evidence--Admissibility of Confessions; Evidence--Hearsay Declarations of Pedigree; Execution--Sale--Inadequacy of Price--Setting Aside; Insurance--Exception in Fire Insurance Policy--"Cotton in Open Cars"; Insurance--Right to Sue on Indemnity Policy--Payment of Loss by Receiver's Note; Intoxicating Liquors--Illegal Sale--Ordinance--Validity; Intoxicating …


Topical Index To Recent Legal Literature, Michigan Law Review Apr 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


National Sovereignty, S. S. Gregory Mar 1909

National Sovereignty, S. S. Gregory

Michigan Law Review

The growth and development of our country and its marvelous progress in every direction have been dwelt upon so constantly in what our critics characterize as a spirit of boastfulness and over­ weening national self-conceit, that almost any reference to this stupendous theme seems trite and commonplace. If we compare our country as it existed when the Federal Constitution was adopted, in extent of territory, in population and in wealth, with our present situation, the retrospect is astounding and overwhelming. It is not my purpose to rehearse the epic story of this mighty nation, inspiring and exalting as it is. …


Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey Mar 1909

Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey

Michigan Law Review

The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;


Book Reviews, Victor H. Lane, Henry C. Adams, Victor H. Lane, James H. Brewster Feb 1909

Book Reviews, Victor H. Lane, Henry C. Adams, Victor H. Lane, James H. Brewster

Michigan Law Review

Polk: Due Process of Law under the Federal Constitution; Ivins and Mason: The Control of Public Utilities in the form of an annotation of the Public Service Commissions Law of the State of New York and covering all important American cases; Best: The Principles of the Law of Evidence, with elementary rules for conducting the examination of witnesses; Schouler: Ideals of the Republic; Correspondence


Recent Important Decisions, Michigan Law Review Feb 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--General Assignment--Liens Acquired by Assignee; Bills and Notes--Contract of Wife--bona Fide Purchasers; Bills and Notes--Non-Existing Payee--Negotiable Instruments Law; Constitutional Law--Jurisdiction of Federal Courts--suits Against A State; Contracts--Agreement in Restraint of Trade if Severable and Reasonable as to Part is Valid; Corporations--Taxation--Franchise Tax; Elections--Primary Elections--Use of Emblem on Ballots; Evidence--Competency of Witness--Transaction With Agent, Since Deceased; Evidence--Judicial Notice of "Football Season"; Evidence--Public Records of Another State; Guaranty--Change in Principal Contract--Discharge of Guarantor; Injunction--Vendee's Fraud Vitiates Right to Use Patented Machine; Insurance--Mutual Life Insurance--Invalid By-Law--Waiver of Breach; Interstate Commerce--Power of Courts to Enjoin Enforcement of Rates; Judgment--Of Foreign Country--Conclusiveness; Judgment--Power of Court …


Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck Jan 1909

Note And Comment, Harry B. Hutchins, Donald L. Way, Wendal A. Herbruck

Michigan Law Review

The Ownership of Sunken Logs; Combination Among Physicians to Fix Prices for Professional Services; The Issuance of Receivers' Certificates to pay Interest, Etc.; The Federal Constitution is Not Violated by a State Law Compelling one Accused of Crime to Testify Against Himself; Transfer of Negotiable Instrument Without Endorsement


Book Reviews, Edson R. Sunderland, Henry M. Bates, Joseph H. Drake Jan 1909

Book Reviews, Edson R. Sunderland, Henry M. Bates, Joseph H. Drake

Michigan Law Review

Stace: Chancery Forms and Precedents. Annotated with Reference to the Practice in Michigan.; Tiffany: Handbook of the Law of Sales, (2nd ed., rev.); Taylor: The Science of Jurisprudence. A Treatise in which the Growth of Positive Law is Unfolded by the Historical Method and its Elements Classified and Defined by the Analytical.


Recent Important Decisions, Michigan Law Review Dec 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Concealment of Property--Bankruptcy Schedules Inadmissible Against Bankrupt on Trial for Concealing Property; Bankruptcy--Jurisdiction--Recovering Excessive Counsel Fees; Bills and Notes--Extension of Time of Payment--Release of Lien of Trust Deed; Carriers--Error in Ticket--Ejection of Passenger; Carriers--Free Pass Within Statutory Prohibition; Constitutional Law--Judgment of Sister State--Full Faith and Credit; Corporations--Promoters--Sales to Corporation; Discovery--Personal In juries--Power of Court to Compel Physical Examination of Plaintiff; Divorce--Defense--Connivance; Elections--Primary Elections--Canvassing of Votes; Eminent Domain--Interest on Award Against the Government; Eminent Domain--"Private Property"--Owner's Remedy--Injunction; Evidence--Burden of Proof--Fraudulent Conveyances; Fire Insurance--Forfeiture of Policies--"Other Insurance"; Insurance--Subrogation--Accident Insurance; Judgment--Conclusiveness of Decision of United States Commissioner on Collateral Attack; Master and Servant--Disobedience …


An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy Nov 1908

An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy

Michigan Law Review

When we talk of the State, its rights or its structures, we are necessarily led to the inquiry, "What do we mean by the State?" Beginning with the proposition that the State is a composite formed of individuals whose lives are shaped by the life of the whole, it necessarily follows that a perfect understanding of any particular State would involve a knowledge of the characteristics of the members who compose it. This of course is obviously impossible, but the theory underlying States generally is founded upon general human characteristics. So we may take as a basis the great truth …


Recovery Of Money Paid Under Mistake Of Law, William P. Rogers Nov 1908

Recovery Of Money Paid Under Mistake Of Law, William P. Rogers

Michigan Law Review

Few questions which come before the courts seem more difficult to settle than those growing out of the maxim, ignorantia juris non excusat. The fact that the most recent decisions bearing on the subject are as much at variance and as conflicting as those rendered more than a century ago, is the excuse, if not a justification, for this article. It is proposed, however, to examine only that phase of the subject found in this inquiry: "Can one recover from another money paid under mistake of law to which the payee is not entitled, and which he can not in …