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Michigan Law Review

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The Late Ashley Pond, Michigan Law Review Mar 1910

The Late Ashley Pond, Michigan Law Review

Michigan Law Review

On January 12th last, Ashley Pond died at his home in Detroit in his eighty-third year. By his death the University has lost one of its oldest and most distinguished alumni. Mr. Pond was graduated from the Literary Department in 1854. After studying law for a little over two years, he was admitted to the Detroit Bar. At that Bar he continued to practice for about half a century, and when he died was its senior member. Mr. Pond's career is an example to every lawyer and an encouragement to every young man of humble origin and narrow means. When …


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 …


Book Reviews, Horus Lafayette Wilgus, Edson R. Sunderland, John R. Rood Mar 1910

Book Reviews, Horus Lafayette Wilgus, Edson R. Sunderland, John R. Rood

Michigan Law Review

Hamilton: The Modern law of General Business Corporations in Michigan. Including commentaries and annotated acts with forms, the Consolidated Corporation Law, the Partnership Association, Limited, Law, the Foreign Corporation Law.; Archer: Law Office and Court Procedure; Minor: the Law of Real Property (Based on Minor's Institutes); Baldwin: The Law of Taxation in Michigan; Lile, Redfield, Wambaugh, Sunderland, Mason, and Cooley: Brief Making and the Use of Law Books, (2nd ed.);


Topical Index To Recent Legal Literature, Michigan Law Review Mar 1910

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


Topical Index To Recent Legal Literature, Michigal Law Review Feb 1910

Topical Index To Recent Legal Literature, Michigal Law Review

Michigan Law Review

No abstract provided.


Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright Feb 1910

Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright

Michigan Law Review

James Barr Ames; Necessity and Effect of a Theory; Subrogation to a Lien for Assessments or Taxes--Construction of the Negotiable Instruments Law; We are the Rights of the Vender of Good Will?; Attachments on Unliquidated Demands; Will a Marriage, Bigamous in Inception, Become Valid After the Death of the Undivorced Spouse?


Recent Important Decisions, Michigal Law Review Feb 1910

Recent Important Decisions, Michigal Law Review

Michigan Law Review

Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …


Book Reviews, Ralph W. Aigler, Joseph H. Drake Feb 1910

Book Reviews, Ralph W. Aigler, Joseph H. Drake

Michigan Law Review

Bordwell: The Law of War Between Belligerents: A History and Commentary; Underhill: A Treatise On the Law of Landlord and Tenant; Korkunov: General Theory of Law;


Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster Jan 1910

Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster

Michigan Law Review

The Right of Privacy at Common Law; Limitation of a Carrier's Liability for Negligence; Validity of Corporate By-Law Vesting in Directors the Discretionary Power of Denying Stockholders the Right to Examine the Corporate Books; A Single Action of Successive Actions for a Nuisance; Status of One Holding Office Under an Unconstitutional Statute; Two Recent Decisions Preventing the Presbyterian Re-Union


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 …


Topical Index To Recent Legal Literature, Michigan Law Review Jan 1910

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


Uniformity Of Commercial Law On The American Continent, Roscoe Pound Dec 1909

Uniformity Of Commercial Law On The American Continent, Roscoe Pound

Michigan Law Review

Anglo-American, lawyers are not, as a rule, believers in codification. Hence, as legislation is the only agency through which in practice a uniform commercial law for the American continent may be looked for, you might, with some degree of reason, anticipate that I should be opposed to such a project. I may say, however, that I do not, at all share the orthodox common-law antipathy toward legislation and codification. I have no doubt that a legislative restatement of the law and a juridical new start upon the basis of such a restatement are inevitable in English-speaking countries for the same …


The Public Service Of The Future Lawyer, John C. Park Dec 1909

The Public Service Of The Future Lawyer, John C. Park

Michigan Law Review

The lawyer has two characters. He is a private personage, and as such cares for his family, contributes to the local improvement and philanthropies and conducts the common business affairs of his clients. He is also a public functionary and as such his usefulness is not confined to appearance in court and the conduct of litigation. From him must be had the counsel necessary in public movements, his brain must plan and his hand write the rules necessary to make right and wrong govern modem conditions. His must be the thought which shall stir the people to action. In him …


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 …


Recent Important Decisions, Michigan Law Review Dec 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Actions--Moot Questions Not Decided; Automobiles--Dangerous Machines--Liability of Owners for Misuse; Bankruptcy--Debts Discharged--Fraud--Election of Remedies; Bankruptcy--Jurisdiction of Court--Property in Other Districts; Bills and Notes--fictitious or Non-Existing Indorsee--Knowledge of Indorser; Bills and Notes--Notice of Dishonor--Effect of Constructive Waiver; Carriers--Injuries to Passengers--Riding on Platform--Question for Jury; Chattel Mortgages--Bill of Sale and a Lease Constituting a Mortgage--Question of Law; Constitutional Law--employer's Liability Act--Right to Sue in State Court; constitutional Law--Police Power--Trade Marks--Reuse of Original Packages; Deeds--Date--Presumption as to Time of Delivery; Deeds--Effect of an Assignment Indorsed Thereon; Divorce--Allowance of Temporary Alimony; Elections--Use of voting Machines--Unconstitutional; Evidence--Judicial Notice that Voltaire's Works are not Immoral or …


Note And Comment, Charles A. Kent, Horace Lafayette Wilgus, Willard J. Banyon, John T. Creighton Dec 1909

Note And Comment, Charles A. Kent, Horace Lafayette Wilgus, Willard J. Banyon, John T. Creighton

Michigan Law Review

A Criticism of President Hadley's Views on "The constitutional Position of Property in America"; Inconsistent Defenses; Vacation of Corporation Directors; Right of the United States to Recover Money Paid on Pension Checks Bearing Forged Indorsements; Damages Recoverable on Stock Broker's Failure to Purchase as Directed;


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

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


Note And Comment, Richard E. Simmonds Jr., Robert T. Hughes, Ralph W. Doty Nov 1909

Note And Comment, Richard E. Simmonds Jr., Robert T. Hughes, Ralph W. Doty

Michigan Law Review

The Law School--President Angell on Larger Preliminary Requirements--Faculty Changes--Enrollment; A Misleading Opinion as to the Defense of Non-Delivery of a Negotiable Instrument in an Action by a Holder in Due Course; Qualifications of Aliens for Naturalization; Fright Without Physical Impact but Resulting in Physical Injury; Noncompliance with Statutory Requirements as a Defense to Suits Brought by Foreign Corporations Where the Irregularity Has Been Cured Subsequently to the Institution of the Suit; In Absence of Proof What is the Presumption as to the Law of a Country not of Common Law Origin


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 …


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

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


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 …


The Supreme Court And The Fourteenth Amendment, Edward S. Corwin Jun 1909

The Supreme Court And The Fourteenth Amendment, Edward S. Corwin

Michigan Law Review

It was formerly the wont of legal writers to regard court decisions in much the same way as the mathematician regards the x of an algebraic equation: given the facts of the case and the existing law, the outcome was inevitable. This unhistorical standpoint has now been largely abandoned. Not only is it admitted that judges in finding the law act not as automata, as mere adding machines, but creatively, but also that the considerations which determine their decisions, far from resting exclusively upon a narrowly syllogistic basis, often repose very immediately upon concrete and vital notions of what is …


The Anthracite Coal Industry And The Busness Affected With A Public Interest, Andrew Alexander Bruce Jun 1909

The Anthracite Coal Industry And The Busness Affected With A Public Interest, Andrew Alexander Bruce

Michigan Law Review

The constitutions, state and federal, do not anywhere guarantee any absolute property rights nor right to liberty. The guarantee is merely that no person shall be deprived of life, liberty and property without due process of law. The right to liberty and property was never absolute under the English law, and the American constitutions have never been construed as going further than guaranteeing the continuance of the rights which existed at the time of their adoption.


Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr. Jun 1909

Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr.

Michigan Law Review

The Execution of the Insured for Crime as a Defense to the Insurer, the Policy Being Silent as to This Contingency; The Power of a Corporation to Hold and Vote Stock of Another Corporation; Effect of an Agreement Not to Compromise Without consent of Attorney Upon Contract for Contingent Fees; The Pennsylvania Supreme Court and The Pennsylvania Railroad Company