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Articles 4171 - 4200 of 4292
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Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Michigan Law Review
The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;
The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory
The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory
Michigan Law Review
In the historic case of M'Culloch v. Maryland, CHIEF Justice Marshall said, referring to the Federal Government: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted, but the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Agent's Liability When Name of Principal is Undisclosed; Attorney and Client--Admission to Practice--Moral Character; Bailment--Hiring--Conversion; Bankruptcy--Attempted Assignment by Trustee to a Creditor of Fraudulently Acquired Property; Bankruptcy--Fraudulent Conveyance--Vendor's Lien; Banks and Banking--Pass Books--Duty of Depositor; Bills and Notes--Antecedent Debt Constitutes Value; Common Carriers--Special Service; Conflict of Laws--Defense to an Action of Tort; Constitutional law--due Process of Law--Equal Protection of the Laws--Service on State Auditor as Attorney for Corporation; Contracts--Right of Privacy--Breach of Trust; Corporations--Ultra Vires; criminal Procedure--Indictment Must Negative Exception in Statute; Damages--Measure--Medical Attendance--Loss of Business; Damages--Mental Suffering--Failure to Deliver Telegram Promptly; Deeds--Redelivery to the Grantor--Effect as to Title; Easements …
Thomas Mcintyre Cooley, Jerome C. Knowlton
Thomas Mcintyre Cooley, Jerome C. Knowlton
Michigan Law Review
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 arid Benjamin F. Graves came from New York parentage and from New England stock. The three last name 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. …
Recent Legal Literature, Harry B. Hutchins, Edwin C. Goddard
Recent Legal Literature, Harry B. Hutchins, Edwin C. Goddard
Michigan Law Review
Gray: The Rule Against Perpetuities; Snyder: Supplement to Snyder's Interstate Commerce Act and Federal Anti-Trust Laws; Stone: Report of the Committee Appointed at the Conference of Counsel for Railroad Companies in Louisville, Kentucky, September 26-27, 1906; On the Questions Arising Under the Act of Congress Known as the Employers' Liability Act, approved June 11, 1906; Hirschfeld: Die Kaiserlichen Verwaltungsbeamten bis auf Diocletian;
Monroe Doctrine Its Status, John F. Simmons
Monroe Doctrine Its Status, John F. Simmons
Michigan Law Review
In 1895. President Cleveland in his message to Congress in regard to what has come to be known as the "Venezuela affair" said the Monroe Doctrine "has its place in the code of international law as certainly and as securely as if it were specifically mentioned." To test the accuracy of this statement we must determine as closely as possible what the Monroe Doctrine is and what is the correct meaning of the term "code of international law." Having settled our definitions the issue will be clearly defined and its discussion possibly profitable.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty--Liability of Public Corporation for Tort; Bankruptcy--bills and Notes--discharge of Indorser; Bankruptcy--Title to Stock Held by Stockholders; Bills and Notes--Renewal of Void Note--Moral Obligation Not a Good Consideration; Bills and Notes--Renewal of Void Note--Moral Obligation Sufficient Consideration; Carriers--contributory Negligence--Protruding Arms of Passengers; Carriers--Contributory Negligence--Protruding Arms of Passengers; Constitutional law--foreign Corporations--Service of Summons on the Auditor of State--Due Process of Law; Contract to Devise--Parol Evidence to vary Consideration Expressed in a Deed; Corporations--application for Shares--Contracts; Easements--Way of Necessity--Relation of Parties; Equity--Jurisdiction--Bills of Peace; Executors and Administrators--Allowance to Surviving Children--Stepchildren; Garnishment--Proceeds form Sale of Homestead Exempt; Garnishment--Waiver of Defect in Writ; Homestead--conveyance--Joinder …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Unnecessary Services--Compensation; Bankruptcy--Title to Bankrupt's Property; Banks and Banking--Checks--Appropriation of Deposit--Garnishment; Chattel Mortgages--Retention of Possession and Power of Sale by Mortgagor--Fraud; Civil Rights--Power of Congress to Protect Against Individual Interference; Common Carriers--Limitation of Liability--Agreed Valuation; Constitutional Law--Delegation of Legislative Power--Regulations of Executive Departments; Constitutional Law--Regulation of Child Labor; Contracts--Mutuality--Consideration; Contracts--Restraint of Trade; Corporations--Misuse of Funds--Right of Stockholder to Sue; Corporations--Preferred Stock--Priorities--Cumulative Dividends; Covenants--Knowledge by the Grantee of Incumbrance; Criminal Law--conviction of Lesser Offense as Acquittal of Graver Offense--Former Jeopardy--Remanding Cause for Sentence; Damages--Mental Anguish--Undelivered Telegram; Deeds--Exceptions--Reservations--Abandonment of Right of Way--Reversion--Effect; Eminent Domain--Cemeteries; Evidence--Privileged Communications--Attorney and Client; Evidence--Res Gestae--Spontaneous …
James Valentine Campbell, Charles A. Kent
James Valentine Campbell, Charles A. Kent
Michigan Law Review
The Campbell ancestors of Judge Campbell were, as the name shows, Scotch. The earliest one in this country, his grandfather, was Thomas Campbell, an officer in an Highland Regiment, who settled on the Hudson. His son, Henry M. Campbell, was born in Ulster County, New York, September 10th, 1783. In early manhood he removed to Buffalo. When the War of 1812 broke out, he joined the American army, and was made Captain of an artillery company. In October, 1812, he married Lois Bushnell, a member of a New England family. Her nephew, the Reverend Horace Bushnell, became a very distinguished …
Some Contributions Of Psychology To The Conception Of Justice, James Tufts
Some Contributions Of Psychology To The Conception Of Justice, James Tufts
Michigan Law Review
The two general standpoints from which all attempts to define justice and rights proceed, are that of the individual and that of the social whole. From the standpoint of the individual, we have such principles as 'to every man according to his deserts,' or 'to every man according to his needs,' as well as the stubbornly surviving principle of natural rights, which is imbedded in our institutions even though discredited by philosophers. From the standpoint of society, we have the principle that justice means the determining of individual relations by the general order and the subordinating of individual to public …
Delegation Of Authority By An Agent, Floyd R. Mechem
Delegation Of Authority By An Agent, Floyd R. Mechem
Michigan Law Review
I. DELEGATUS NON POTEST DELEGARI.-The appointment of an agent in any particular case is made, as a rule, because he is supposed by his principal to have some fitness for the performance of the duties to be undertaken. In certain cases his appointment is owing to the fact that he is considered, to be especially and particularly fit. The undertaking demands judgment and discretion, which he is supposed to possess; or it requires the skill and learning of an expert, which he assumes to be; or personal force and influence are desirable, and these the agent is thought to be …
Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd
Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd
Michigan Law Review
The Constitutionality of Statutory Restrictions Upon Sales of Merchandise; The Liability of a Collecting Bank for the Defaults of its Correspondents; Reasonable Regulation of Primary Elections; Assignment of Wages to be Earned in the Future in the Absence of a Contract of Employment Definite as to Time
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …
Recent Legal Literature, Edwin C. Goddard, Edwin C. Goddard, Edwin C. Goddard, Joseph H. Drake, Joseph H. Drake, Victor H. Lane, Victor H. Lane, Edson R. Sunderland
Recent Legal Literature, Edwin C. Goddard, Edwin C. Goddard, Edwin C. Goddard, Joseph H. Drake, Joseph H. Drake, Victor H. Lane, Victor H. Lane, Edson R. Sunderland
Michigan Law Review
Beale: The Law of Innkeepers and Hotels, including other Public Houses, Theatres, Sleeping Cars; Beale: The Law of Railroad Rate Regulation, with special reference to American Legislation; Moore: A Treatise on the Law of Carriers; Bernard: The First Year of Roman Law; Holland: The Elements of Jurisprudence; Wilcox: Foibles of the Bench; Wigmore (ed.): A Selection of Cases on Evidence for the Use of Students of Law; Fairlie: Local Government in Counties, Towns and Villages; Hirschl: Trial Tactics. A Treatment of the Methods of Conducting Litigation
Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall
Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall
Michigan Law Review
I regret exceedingly that I am not able, in the scope of these observations, to include all the states of the American Union, where the home-rule charters have been permitted as a method of city government; but unfortunately my vision has not passed beyond the horizon of my own state, and the workings of the homerule system in other states must be left as a subject for future study and comparison. With pardonable pride, however, it may be said that the State of Minnesota, while she has erred with her sister commonwealths in experimental over-legislation, has nevertheless recently placed upon …
Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates
Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates
Michigan Law Review
A Spurious Law Course; Railroad Taxation in Michigan and Wisconsin; Surgical Operation on Minor Without Consent of Parent; The Power of Municipal Corporations to Grant Exclusive Privileges; Inheritance Taxes and the Right to Transfer and Inherit Property; The Sovereign Power of a State to Prevent Election Frauds; Original Jurisdiction of Supreme Court in Election Cases;
Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage
Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage
Michigan Law Review
Gray: Limitations of the Taxing Power, Including Limitations Upon Public Indebtedness; Lincoln: The constitutional History of New York from the Beginning of the Colonial Period to the Year 1905. Showing Origin, Development and Judicial Construction of the Constitution; The Law Association of Philadelphia. Addresses Delivered March 13, 1902, and Papers Prepared or Republished to Commemorate the Centennial Celebration of the Law Association of Philadelphia, Pennsylvania; Long: A Treatise on the Law of Domestic Relations; Shastid: How to Suppress a Malpractice Suit and other Medical Miscellanies; Huddy: The Law of Automobiles; Hill: Lincoln the Lawyer
Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D.
Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D.
Michigan Law Review
The Federal Courts and Local Law in Porto Rico; The Investigation of Corporate Monopolies; Compelling the Production of Corporation Books and Papers; Goods Damages by Act of God Because of a Carrier's Negligent Delay; The Effect of Dogmatic Changes Upon the Legal Status of a Church; Bays and Gulfs as Territory of the Adjoining Nation;
Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake
Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake
Michigan Law Review
Parsons: The Heart of the Railroad Problem. The History of Railroad Discrimination in the United States. The Chief Efforts at Control and the Remedies Proposed, with Hints from Other Countries; Williston: Wald's Pollock on Contracts (3rd ed.); Erwin: A Summary of Torts; Pingrey: A Treatise on the Law of Extraordinary, Industrial and Interstate Contracts; Leage: Roman Private Law. Founded on the "Institutes" of Gaius and Justinian; Girard: A Short History of Roman Law; Longsdorf (ed.): Current Law, a complete Encyclopedia of New Law
Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr
Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr
Michigan Law Review
In considering this question two primary considerations are presented at the outset, (I) what is meant by a quitclaim deed, and (2) what constitutes a bona fide purchaser. The quitclaim, as used in the law of conveyancing in the United States, is ordinarily treated as analogous to the old English deed of release, but the latter could operate only when the vendee was already the owner of an estate in the land, while the former is recognized as an original conveyance. The usual operative words are "remise, release, and forever quit claim." Frequently a covenant against incumbrances by the grantor …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …
Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble
Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble
Michigan Law Review
The power to issue negotiable bonds is not identical with the power to become indebted, though usually concomitant with it; for municipal indebtedness may be incurred--by the issue of warrants or non-negotiable notes. The power to become indebted is not an inherent power of American municipalities. It is conferred by the state, either expressly, or by implication as being a necessary or reasonable agent in the execution of other powers expressly conferred; and the limits of the doctrine of implication are in dispute. But with the power to become indebted this paper is not concerned. Similarly the power to issue …
Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus
Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus
Michigan Law Review
Bigalow: Centralization and the Law; Ridges: Constitutional Law of England; Kales: Conditional and Future Interests and Illegal Conditions and Restraints in Illinois; Beale: The Law of Foreign Corporations and Taxation of Corporations, Both Foreign and Domestic; Clephane: The Organization and Management of Business Corporations; Frost: A Treatise on the Incorporation and Organization of Corporations, Created Under the "Business Corporation Acts" of the Several States and Territories of the United States; Whitten (ed.): Yearbook of Legislation, 1904
Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates
Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates
Michigan Law Review
Liability of Principal for Mistake or Fraud of Agent; Contracts by Correspondence; The Police Power and city ordinances for the disposal of Garbage; Restriction Upon the Right of a Carrier to Deal in Commodities Transported by It;
Recent Important Decisions, Michigan Law Reivew
Recent Important Decisions, Michigan Law Reivew
Michigan Law Review
Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …
Nature And Extent Of An Agents Authority, Floyd R. Mechem
Nature And Extent Of An Agents Authority, Floyd R. Mechem
Michigan Law Review
§ I. PURPOSE of THIS PAPER.-It has been seen in another place how the relation of principal and agent may be created and how it may be terminated. The purpose of creating the agency is to confer authority upon the agent,--to clothe him to a greater or less extent, and for a shorter or longer period, with a portion of that power with which nature and the laws of society have invested the principal. For the time being, and in some capacity, the principal has another self, who, by his will and act, is invested with the power to speak …
Recent Legal Literature, Edson R. Sunderland, Edson R. Sunderland, Harry B. Hutchins
Recent Legal Literature, Edson R. Sunderland, Edson R. Sunderland, Harry B. Hutchins
Michigan Law Review
Clementson: A Manual Reletaing to Special Verdicts and Special Findings; Wharton: A Treatise on the conflict of Laws, or Private International Law; Lile, Redfield, Wambaugh and Wheeler: Brief Making and the Use of Law Books; Pomroy: Pomroy: Pomeroy's Equitable Remedies (supplementary to Pomeroy's Equity Jurisprudence); McLaughlin: The Confederation and the Constitution, 1783-1789
The Compensation Of Medical Witnesses, Harry B. Hutchins
The Compensation Of Medical Witnesses, Harry B. Hutchins
Michigan Law Review
The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt. But there are limitations upon the general rule, some based upon principles of legal policy and some upon …
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Michigan Law Review
The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …