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Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …

Note And Comment, Michigan Law Review

Michigan Law Review

A New Instance of the Power of Congress to Destroy by Taxation; Pleading Contributory Negligence Under the Code; Presumptions as to Delivery of Deeds; Jurisdiction of Equity to Restrain Threatened to Wrong; The Power of Courts to Allow Amendments Under the Common Law and Code Procedure; Situs of Debts; The Time Limit for Presentations of Railroad Tickets

The Old Common Law And The New Trusts, Ditlew M. Frederiksen

Michigan Law Review

T HE Civil Code of Porto Rico, our latest Roman American code, gives interesting proof of the fact that the two systems of law, the Roman and the English, which control most of the nations of the civilized world and their dependencies, are, in their essence, but slightly different enunciations of the same principles of natural justice. The parent of the Civil Code of Porto Rico1 is the Spanish Civil Code,2 in force in Spain since May I, 1889, and extended to Cuba, Porto Rico, and the Philippines on July 31, 1889. The Spanish Civil-Code is the result of the …

Doctrine Of Stare Decisis, Edward B. Whitney

Michigan Law Review

I am requested to present a paper whose theme is suggested by the Present Problems of Private Law, as distinguished from law that has a constitutional or international aspect. I doubt whether there is any other section of the Congress whose themes are so difficult to select. We cover, indeed, those branches that mainly concern the ordinary, plain, steady-going, stay-at-home, law-abiding citizen,-that multitude of questions among which most legal practitioners everywhere are wearing out their lives; working every day and all day upon Present Problems of Private Law. Each of those problems interests the parties to the particular litigation or …

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; The New Schools of Healing; When the Exercise of Judicial Discretion is not Due Process of Law; Mandamus to Compel the Installation of a Telephone in a Bawdy House Denied; The Division in the Republican Party in Wisconsin; A Novel Extension of Federal Jurisdiction; The Session Laws of Porto Rico

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Inheritance by Representation; Adverse Possession--Effect of Former Judgment--Statute of Limitations; Adverse Possession--Statute of Limitations--Jurisdiction of the Department of the Interior; Concealed Property--Finder's Rights--Treasure Trove; constitutional Law--Eminent Domain--Taking Private Property for Private Use; Constitutional Law--Penalty for Breach of Labor contracts; Contract--Mutuality--Specific Performance; Corporations--contracts Between Corporations Having Common Shareholders and Officers--Suit in Name of Stockholder; Corporations--Liability of Officers--Negligent management--contracts Between Corporations Having Common Officers; Deed--Insane Person--Voidable Assignment; Ejectment--Impairment of Contract Obligation; Evidence--Confession--Admission; Evidence--Letters of Administration--How Far Evidence of Widowhood; Evidence--Personal Injury--Physical Examination of Plaintiff; Foreign Corporations--Business in Other States--License--Purpose of Incorporation--Evasion of State Laws; Fraud--Doctrine of Reasonable Inquiry; Guardian--Appointment--Jurisdiction--Sale of Ward's Lands; …

Russian Raids On Neutral Commerce, Edwin Maxey

Michigan Law Review

The capture made by the Russian volunteer vessels in the Red Sea and by the Vladivostock fleet off the coast of Japan have revivified the question of the extent to which a belligerent may lawfully go in interfering with neutral commerce. Perhaps no question of international law has been prolific of more disputes than that of neutral rights. The intensity of feeling and desire for advantage incident to war are apt to cause belligerents to overlook neutral rights, and in their zeal to cripple an immediate enemy, to forget that they in turn will become neutrals and be transfixed by …

Surrender, Herbert Thorndike Tiffany

Michigan Law Review

A "Surrender" is defined by Lord Coke as a yielding up of an estate for life or years to him that hath an immediate estate in reversion or remainder, wherein the estate for life or years may drown by mutual agreement between them. This statement has been followed, more or less closely, by such other writers as have undertaken to define the term, and there has never been any question made as to its substantial correctness. A surrender, then, is a particular mode or form of transfer, which derives its distinguishing characteristics from the fact that it is made by …

Note And Comment, Michigan Law Review

Michigan Law Review

Lawyers and Jurists at the Exposition; Convention of the Commercial Law League of America; The Philippine Island Cases in the Supreme Court of the United States; The Writ of Habeas Corpus in Chinese Exclusion Cases; What is a "Crime" Within the Meaning of the Constitution?; Due Process of Law; Winding up Proceedings; Literary Criticism and the Law of Libel; The New Japanese Civil Code;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Husband as Agent of Wife in Transfer of Real Property; Assignment of Insurance Policy--Change of Beneficiary; Banks--Deposits Made by Estate in Trust for Another; Chattel Mortgages--When Void as Against Trustee in Bankruptcy of Mortgagor; Constitutional Law--Class Legislation--Restrictions upon Building and Loan Associations; Corporations--Foreign, Transacting Business in State--Right of Action--Condition Precedent--Interstate Commerce; Corporations, Insolvent--Preferring Creditors--Directors; Damages--Breach of Contract; Damages--Mental Suffering Unconnected with Physical; Deeds--Delivery to a Third Person--Requisites; Deeds--Signing by One not Named as Grantor; Election Contest--Tie Votes--Effect; Injunction--Special Injury--Street Improvement; Insolvency of Building and Loan Associations--Borrowing Shareholder--Credits; Insurance--Delay in Making Proofs of Death when Blanks were to be Furnished by …

Recent Legal Literature, A. L. Cross, Gustav Stein, Horace Lafayette Wilgus, Harlow P. Davock

Michigan Law Review

Horne: The Mirrour of Justices; Flanders: The Life of John Marshall; Nellis: Street Railroad Accident Law; Gould and Blakemore: The Bankruptcy Act of 1898 and Amendments

English History And The Study Of English Law, Arthur Lyon Cross

Michigan Law Review

Ranke, the Nestor of modern historical research, was wont to say that he only wanted to know how things had happened. Lamprecht, however, more truly indicated the aim and purpose of the investigation of the past when he said that be wanted to know how things had become. Another distinction between the schools which these two men represent is, that one is primarily interested in political affairs, while the other would include within the historical field all phases of social activity. A survey of the course of scholarship during the century just closed, leads to the conclusion that this latter …

One Phase Of Federal Power Under The Commerce Clause Of The Constitution, John C. Donnelly

Michigan Law Review

No clause of the Federal Constitution, making a grant of power, has, by judicial interpretation, been declared so broad and comprehensive in its scope as that clause which empowers Congress "to regulate commerce with foreign nations and among the several states and with the Indian tribes." In one of the very first cases in which the Supreme Court was called upon to consider the scope of this provision, it was quite properly held that under it, navigation was one of the important subjects which came within the federal power. Under it navigation was not only an important subject considered by …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Appointment of, on Disappearance of Person; Agency--collection of Notes--Possession of the Instrument--Apparent Authority; Appeal--Right to Appeal After Satisfaction of Judgment; Attorney and Client--divorce Cases--contingent Fees--Prevention of Reconciliation; Attorneys--disbarment--Attacking Honesty of Judge; Bankruptcy--city Taxes--Priority; Carriers--Death by Wrongful Act--Stipulations Avoiding Liability for Negligence Toward free Passenger--Validity and Effect; Carriers--signed Ticket not the Contract; Constitutional Law--Class Legislation--Use of Flag for Advertising Purposes; Constitutional Law--Jurisdiction of Equity to Try Title to Office--Injunction; Contract--Validity--Conditions Attached to Goods--Purchase by Retail Trader from Wholesale Trader with Notice; corporations--forfeiture of Charter--Mandamus; Corporations--Garnishment of Stockholder for Unpaid Subscription; Criminal Law--Self-Defense; Deeds--Delivery--Testamentary Disposition; Ejectment--Description--Verdict--Judgment; Ejectment--Equitable Title in Plaintiff; Evidence--Admissions--Abandoned Pleadings; …

Recent Legal Literature, Edson R. Sunderland, Robert E. Bunker, John R. Rood, John R. Rood

Michigan Law Review

Abbott: Brief upon the Pleadings in Civil Actions, at Law in Equity, and under the New Procedure; McMaster: McMaster's Irregular and Regular Commercial Paper; American State Reports, vols. 93 and 94.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Preferential Payment--Recovery by Trustee; Carriers--Passengers--Derailing of Train; Constitutionality of Statute--Guaranty of Freedom of Speech--Immigration--Exclusion of Anarchists; Constitutional Law--Civil Rights--Power of Congress-Conspiracy Against Negroes; Corporations--Execution of Corporate Conveyances; Damages--Assault and Battery--Inadequacy of Verdict; Damages--Recovery for Mental Anguish Caused by Suffering of Another; Deeds--Statutory Words--Implied Covenants; equity--Injunctions--Restraint of Trade--consideration and Clearness of Contract; Equity--Injunction--Restraint of Trade--Consideration and Clearness of Contract; Foreign Administrator--Collection of Assets--Rights of Domestic Administrator; Highway--License--Defective Bridge--Liability of Owner; Husband and Wife--Bills and Notes--Intermarriage of Parties; Husband and Wife--Separate Property of Wife--Mortgage--Validity; Insurance--Mutual benefit Societies--forfeiture of Membership in a Religious Order; Judgments--Judicial Errors--Correction at Subsequent Term; Justice Court Judgment--Execution--Transcript--Filing in …

Rights Of Joint Owners Of A Patent, Dwight B. Cheever

Michigan Law Review

0wing to the fact that the courts have decided the question Squite at variance from the expectations of ordinary persons, there is, perhaps, no legal proposition in patent law more interesting or important than that of the rights of joint owners of a patent. The relationship may arise from the parties being joint inventors, by their being joint assignees from the inventor or previous owner, or by the most common method, of one being an assignee from the patentee of a fractional interest in a patent; frequently in consideration of paying the expense of procuring the patent. By authority of …

Note And Comment, Michigan Law Review

Michigan Law Review

Is Commerce Between a State and a Territory Interstate Comerce?; Right of Court to Instruct upon the Failure of Defendant to Testify in a Criminal Action; The Last of the Kentucky Bank Cases, and the Relations Between the State and Federal Courts; The Last of the Kentucky Bank Cases--Federal Tax Judgementss in STate Courts; Power of the Court to Order a Physical Examination in Personal Injury Cases; The Porto Rican is not an Allien; Mimicry as Infringement of Musical Composition;

Jurisdiction Over Foreign Ships In Territorial Waters, Charles Noble Gregory

Michigan Law Review

War, says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law …

Note And Comment, Michigan Law Review

Michigan Law Review

The American Political Science Association; The Bill of Rights and The Right to Labor; Right to Impeach the Consideration of a Judgment Rendered in Another State; the Function of the "Exhibit" in Copde Pleading; Lapse of Residuary Gifts; "Voluntary Confessions"; The Competency of the Conduct of Bloodhounds as Evidence in Criminal Cases; The "Reasonable Use" of Subterranean Waters

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--Right to Convey Inchoate Homestead; Agency--Scope of Authority--Sunday Contract; Assignment for the Benefit of Creditors--Action to set Aside; Bankruptcy--Discharge--Debt Created in Fiduciary Relation--Laundry Agent; Bills and Notes--Banks--Payment of Draft to Impost--Liability to Drawer; Chattel Mortgages-Validity--Mortgagor's Possession and Power of Sale in Ordinary Course of Business; Constitutional Law--Due Process at Law--Forfeiture of Lands for Failure to Pay Taxes; Constitutional Law--Local Option Law--Use of Liquors in Religious Worship--Discrimination; Contract for the Benefit of Third Persons--Enforcement by Beneficiary--Assignment; Corporations--Oral Subscription to Stock--Statute of Frauds; Corporations--Promissory Notes--Proof of Execution; Courts--Jurisdiction of State Court to Enjoin a Receiver Appointed by Federal Court; Damages--Automobiles--Frightening Horses--Excessive Speed; …

Recent Legal Literature, Mark Norris, Henry M. Bates, Victor H. Lane

Michigan Law Review

Clement: Fire Insurance as a Valid Contract; Gardner: Handbook of the Law of Wills; Van Dyne: Citizenship of the United States

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Action to Quiet Title--Venue--change of Venue; Agency--Secret Commission--recovery of both Secret and Stipulated Commission; Attorney and Client--Attorney's Lien--Fund in Court; Bankruptcy--Discharge--New Promise; Bankruptcy--Exemptions--discharge; Bankruptcy--Judgment in Bastardy--Discharge; Banks and Banking--Trust funds--Misappropriation--Subrogation; Contracts--Agreement for Advertising in Street Cars--Breach While Executory--Measure of Damages; Contracts--Agreement to Build with Materials Furnished by Owner--Destruction by Vis Major; Conveyance of Pretended Title--Maintenance--Adverse Claimant--Real Party in Interest; Corporations--Fiduciary Relation Existing Between Directors and Stockholders; Corporations--Fiduciary Relation Existing Between Stockholders and Directors; Courts--Limited Jurisdiction--Effect of Counterclaim; Criminal Law--Burden of Proof--Reasonable Doubt--Insanity--Contradictory and Inconsistent Instructions; Criminal law--Evidence--competency of Wife--Manner of Showing Incompetency--Suppression of Evidence; Damages--Exemplary Damages Where Actual Damage Purely …

Front Matter

Michigan Law Review

Front Matter for the Michigan Law Review Vol 2 (1903-1904)

Negotiable Instruments Law Its History And Its Practical Operation, Amasa M. Eaton

Michigan Law Review

July 1 1878, several leading lawyers in different states, public spirited men, issued a call for a meeting, to form an American Bar Association. Pursuant to this call seventy-five prominent members of the bar and others, interested in the proposal met at Saratoga Springs, New York, August 21, 1878, and the American Bar Association came into being.

The first object of the Association, as stated in the call for this meeting, was "to assimilate the laws of the different states," and the first article of the Constitution as then adopted and as it still stands, is as follows:

"Its object …

Note And Comment, Michigan Law Review

Michigan Law Review

Sarah Caswell Angell; The Students of the Law Department; The Conference of Commissioners on Uniform State Laws; Royal Prerogative--Treasure Trove; The Erie Canal A navigable Water of the United States; Partnership Name--An Asset of the Partnership--Right of the Purchaser to it Use; Maliciously Inducing a Breach of Contract--Lumley v. Gye;