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Michigan Law Review

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Recent Important Decisions, Michigan Law Review Mar 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes - Dishonor by Nonpayment - Marginal Memoranda for Partial Payments - Suit by the holder on the following note: "$100.00. Hampden, N. D., Sept. 2, 1909. "On or before Sept. 2, 191o, after date, I promise to pay to the order of the Sageng Threshing Machine Company, of Minneapolis, Minn., one hundred dollars. "Value received, with interest at 6 per cent. "[Signed] ALBERT BENSON. "$25 will be paid Nov. ist, 1909. "$25 will be paid Jan. Ist, I910."


Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee Feb 1918

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee

Michigan Law Review

Inducing Breach of Agreement by Employees Not to Join a Labor Union, in Order to Compel Unionization of Plaintiff's Business - In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 6s, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to …


Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin Feb 1918

Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin

Michigan Law Review

The discussion here has to do with the earnings of corporations as taxable income, whether such earnings remain in the hands of the corporation accumulating them, or are distributed to the stockholders as dividends, the inquiry being limited, however, to the question of the time of their accrual as affecting their taxability.


Recent Important Decisions, Michigan Law Review Feb 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Taxation - Public Purpose - Rev. St. Me. 1903, c. 4, sec. 87, authorized any municipality to establish a permanent wood, coal, and fuel yard for the purpose of selling wood, coal, and fuel to its inhabitants at cost. Held, not to violate the Fourteenth Amendment. Jones v. City of Portland (U. S., 1917), 38 Sup. Ct Rep. 112.


Logic V Common Sense In Pleading, Nathan Isaacs Jan 1918

Logic V Common Sense In Pleading, Nathan Isaacs

Michigan Law Review

Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that


Note And Comment, Henry M. Bates, Ralph W. Aigler, James William Thomas, John B. Waite, Charles Lott Kaufmann Jan 1918

Note And Comment, Henry M. Bates, Ralph W. Aigler, James William Thomas, John B. Waite, Charles Lott Kaufmann

Michigan Law Review

Power of the US Supreme Court to Enforce Judgments Against States - In the year 1460, when the perogatives of sovereignty or at least of the Crown were asserted in England much more vigorously than they are today, "the Counseill of the right high and mighty Prynce Richard Duc of York, brought into the Parliament Chambre a writyng conteignyng the clayme and title of the right, that the seid Duc pretended unto the Corones of Englond and of Fraunce, and Lordship of Trelond, and the same writyng delyvered to the Right Reverent Fader in God George Bishop of Excestre, Chaunceller …


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client - Contracts Restricting Settlement by Client - A contingent fee agreement made by an attorney with his client provided that the attorney should have a lien for his services on the amount received by reason of the claim, and also that neither party should compromise the claim without the consent of the other. The plaintiff brought suit for the amount of his services against the defendants in the prior suit, who admitted receiving notice of the above agreement. Held, an agreement prohibiting a client from settling a case without the attorney's consent is void as against public …


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accretion - Title to New Land - Certain lots in Section 31 bounded on one side by a river and on the opposite side by a section line were slowly eaten away and submerged by the action of the water. By this process the river was carried beyond the section line into Section 3o onto the land of P. After a time the river again shifted and gradually restored P's land and built new land in Section 31 where the above mentioned lots had been. As against D who had acquired tax deeds to the new land in Section 31. …


Law Of Blasphemy, Robert Warden Lee Jan 1918

Law Of Blasphemy, Robert Warden Lee

Michigan Law Review

Is Christianity part of the Law of England? It would seem that if it ever was so, it is so no longer. Such at least is the conclusion which Austin's "simple-minded layman" will undoubtedly draw from the recent decision of the House of Lords in Bowman v. The Secular Society, Limited, [1917] A. C. 4o6. The lawyer who recognizes that such phrases as the above can have little or no value in legal science will be more concerned to note the unanimous determination of the final court of appeal in Great Britain in favor of the view of the law …


Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood Jan 1918

Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood

Michigan Law Review

Injuries Arising "Out of" an Employment - An employee's duties take him into the streets where he is injured by being run into by an automobile or other vehicle; has he ground for recovery of compensation under the usual WOltM4a,'eS COMPENSATION AcT providing for an award for injuries "arising out of and in the course of his employment"? Since he was in the street in pursuance of his duties and not in going to or from work, it is clear that the injury was one arising in the "course of" the employment. But did it arise "out of' the employment?


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals - Injuries by Animals at Large - In an action for damages for injuries sustained by the kick of a horse, the petition alleged that for many days the defendant carelessly and negligently permitted a horse owned by him to run loose on the streets unattended, and that the plaintiff while playing about was kicked by the horse. On demurrer, held, no cause of action stated because no allegation that the owner knew the horse was vicious. Brady v. Str.aub, (Ky. Ct. of App. 1917), 197 S. W. 938.


Books Received, Michigan Law Review Jan 1918

Books Received, Michigan Law Review

Michigan Law Review

Equity in its Relations to Common Law: A Study in Legal Development, by William W. Billson. Boston: Boston Book Co., 1917; pp. xii, 234.


State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox Jan 1918

State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox

Michigan Law Review

Inapplicability of the common law doctrine of riparian rights to conditions in the arid region moved the first territorial legislature of Colorado to recognize the counter doctrine of prior appropriation. In fact, the right to the water in the streams of Colorado, by prior appropriation, antedated any legislation. "It was the common law of the people, and legislation, both national and territorial, was but a recognition declaratory of the right as it had theretofore and then existed."-1 Adhering to territorial precedent, Colorado was the first state to incorporate the priority doctrine in its organic law.


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailment - Artisan's Lien - Selling Automobile Tires - Appellee sought to enforce a lien on three touring cars for the price of eight casings sold and fitted on them by him. No charge was made for taking off the old casings and putting on the new ones. The lien was based on the statute giving a lien to wheelwrights who performed work and labor on carriages, wagons, farm irhplements, and other articles for such work and labor, and for all materials furnished by them and used in such product or repairs. AcTs or ARKANSAS, i903, p. 26o. Held, (one …


Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake Jan 1918

Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake

Michigan Law Review

Science and Learning in France. With a Survey of Opportunities for American Students in French Universities. An Appreciation by American Scholars. The Society for American Fellowships in France, 1917; PP. xxxviii, 454.


Book Reviews, Edgar N. Durfee, Hessel E. Yntema, Floyd B. Streeter, Arthur Lyon Cross, Jospeh H. Drake, Horace Lafayette Wilgus Jan 1918

Book Reviews, Edgar N. Durfee, Hessel E. Yntema, Floyd B. Streeter, Arthur Lyon Cross, Jospeh H. Drake, Horace Lafayette Wilgus

Michigan Law Review

Cases on Quasi Contract, by Edward S. Thurston. American Case Book Series. St. Paul: West Publishing Co., I916; pp. 622.


British War Cabinets, John A. Fairlie Jan 1918

British War Cabinets, John A. Fairlie

Michigan Law Review

During the progress of the present world war there has been a remarkable series of developments in the British Cabinet and, ministry, involving not only many changes of personnel but also fundamental alterations in the constitution of the Cabinet and its relations to Parliament. An analysis of these is not only of interest as an important phase of the history of the war, and the evolution of political institutions; but is also of value in dealing with problems and proposals for governmental reorganization in the United States.


Combination Not Competition Of Railroads, Blewett Lee Jan 1918

Combination Not Competition Of Railroads, Blewett Lee

Michigan Law Review

In the course of the taking of evidence before what is generally called the Newlands Committee, appointed by Congress to investigate conditions relating to interstate and foreign commerce, it was very interesting to observe the personality of the different members of the Committee, as indicated by the questions which they asked of the various expert witnesses who were brought before them. The keen intellect of the Senior Senator from Iowa has continually played about the problem, how the revenues of the weak lines can be increased without at the same time increasing those of the strong ones. Assuming that some …


Stock Dividends As Income, Robert E. More Jan 1918

Stock Dividends As Income, Robert E. More

Michigan Law Review

In the case of Towne v. Eisner, the United States Supreme Court has recently held that under the Income Tax Law of 1913, the stock dividends received by a shareholder during the year 1914 could not be taxed upon their full par value, where the corporate surplus thus distributed all accrued prior to January I, 1913. The Treasury Department subsequently announced that the decision is not applicable to the Income Tax Law of 1916.1 It is the purpose of this article to review the case of Towvne v. Eisner,2 and then to discuss the soundness of the position taken by …


Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane Jan 1918

Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane

Michigan Law Review

It was peculiarly fortunate for the cause of the American Revolution that the sympathies of the French people and the policies of the French foreign office which knew no diplomatic methods save those of secret diplomacy, were for once heartily in accord in support of the American revolutionists. Professor Corwin in this book deals entirely with the complicated and obscure political plots and counter-plots which eventually led France to espouse openly the cause of the revolting colonies. The whole question of the timely aid France gave to America has, of course, a very particular value at the present time when …


Recent Important Decisions, Michigan Law Review Dec 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Meaning of "Shore" - Certain sections of a dry dock containing a tug were driven by a violent storm across the Mobile River and left on the land above the ordinary high water mark. Held, subject to salvage, and a suit to recover for replacing the tug in the water within admiralty jurisdiction. The Gulfport, (Dist. Ct, S. D. Ala., 1917), 243 Fed. 676.


Book Reviews, Frank Egleston Robbins, Willard Barbour, Joseph H. Drake, Ralph W. Aigler, Edwin C. Goddard, Horace Lafayette Wilgus, John B. Waite, John R. Rood Dec 1917

Book Reviews, Frank Egleston Robbins, Willard Barbour, Joseph H. Drake, Ralph W. Aigler, Edwin C. Goddard, Horace Lafayette Wilgus, John B. Waite, John R. Rood

Michigan Law Review

Professor Husband's book deals with two problems, the date of the trial and crucifixion of Jesus, and the legal aspects of the proceedings against him. In both divisions of the subject his conclusions are novel and are supported by able argumentation.


Note And Comment, Willard T. Barbour, John B. Waite, Evans Holbrook, Gordon Stoner, Raymond Archibald Fox Dec 1917

Note And Comment, Willard T. Barbour, John B. Waite, Evans Holbrook, Gordon Stoner, Raymond Archibald Fox

Michigan Law Review

The "Right" to Break a Contract - It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MIcr. L. Rv. 48o appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the …


War And Law, Charles H. Hamill Nov 1917

War And Law, Charles H. Hamill

Michigan Law Review

Law creates rights. It not merely defines them; it creates them. Without law, one may what he can. With law, one can only that which he may. Law is the device by which the many, individually weak, control and compel the few individually strong or cunning. It is a device by which is reduced nature's handicap in favor of the physically strong and ruthless. Where law obtains, those who are fitted to the system created by the law, as the economically efficient, prevail and survive. In the absence of law, only the strong and cunning can survive.


Recent Important Decisions, Michigan Law Review Nov 1917

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorneys - Disobedience of Order of Suspension - What Acts Constitute - Defendants had been suspended from practice "in all the courts of this state" for one year. During suspension they had continued to maintain a law office with the usual signs on the doors and windows, used envelopes and stationery with their names printed thereon as Attorneys at Law, and permitted their names to be inserted as attorneys at law in telephone and city directories. Defendant M had caused the preparation of a complaint, affidavit, and bond in attachment under his direction and had them filed in a suit …


Note And Comment, Gordon Stoner, Ralph W. Aigler, Michigan Law Review Nov 1917

Note And Comment, Gordon Stoner, Ralph W. Aigler, Michigan Law Review

Michigan Law Review

Bradley Martin Thompson - For a second time within the year death has claimed a member of the Faculty of the Law School. Professor Jerome C. Knowlton died in January, and now on September 29th last, Professor Bradley M. Thompson has completed his life-work.


Books Received, Michigan Law Review Nov 1917

Books Received, Michigan Law Review

Michigan Law Review

The Argentine Civil Code, Together with Constitution and Law of Civil Registry, translated by Frank L. Joannini. Boston: The Boston Book Co., 1917; pp. lix, 732.


How A Conditional Limitation Operates, Harold M. Bowman Nov 1917

How A Conditional Limitation Operates, Harold M. Bowman

Michigan Law Review

Whenever, a freehold is limited to take effect upon a contingency which may happen before the regular expiration of the preceding estate of freehold, it takes effect in defeasance of such interest. The executory limitation thus operating cuts off the prior interest abruptly. By the "intrinsic force" of the executory limitation the preceding estate is terminated. The gift over operates to destroy, to divest,' in defeasance of the prior gift. In the words of LORD LANGDALE, Master of the Rolls, in Jackson v. Noble 2 the preceding estate is "defeated by a contingent executory gift over."


Book Reviews, Edson R. Sunderland, Willard Barbour, Horace Lafayette Wilgus, Edgar N. Durfee, Edwin C. Goddard Nov 1917

Book Reviews, Edson R. Sunderland, Willard Barbour, Horace Lafayette Wilgus, Edgar N. Durfee, Edwin C. Goddard

Michigan Law Review

The Rule-Making Authority in the English Supreme Court, by Samuel Rosenbaum. Boston, The Boston Book Co., 1917, pp. xiv, 321. This volume is the fourth in the University of Pennsylvania Law School Series, and is the work of a fellow of that school during the years 1913-1915. In common with the other books of the series, its object is to aid the scientific study of legal problems and to help to improve the law. No subject, surely, is more worthy of presentation to American readers than this, and none is more full of important suggestions for the improvement of our …


Front Matter, Michigan Law Review Jun 1917

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 15, Issue 8 of Michigan Law Review.