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Articles 7861 - 7890 of 8432
Full-Text Articles in Entire DC Network
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
Including (a) Warranty of Title, and (b) Warranty of Quality. Perhaps the most primitive commercial transaction affecting legal rights was the executed barter; in a more 'advanced state when money had been introduced, the executed sale.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Criminal Law - Directed Verdict of Acquittal - The accused was convicted of crime. Error was assigned upon the refusal of the court to direct a verdict of not guilty. Held, that a motion to direct a verdict of acquittal should never be entertained. People i% Zurek (Ill. 1917), uS N. E. 644
Note And Comment, Ralph W. Aigler, John B. Waite, Eugene B. Hewitt
Note And Comment, Ralph W. Aigler, John B. Waite, Eugene B. Hewitt
Michigan Law Review
State Legislation Extending to Navigable Waters - In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOL.Es dissenting, that the WORKMEN'S COMPENSATION AcT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the' Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred …
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
Michigan Law Review
In view of the part which the judges played for a4d against the first two STUARTS, and in view of the grievances of the subject under the law as administered in the ordinary courts 2 -to say nothing of the Star Chamber and the High Commission-it was to be expected that, in the great political and religious upheaval resulting from the Puritan Revolution and the ensuing Civil War, the legal edifice could not remain unshaken. As is well known, one of the early acts of the Long Parliament, in the summer of 1641, was to ab6lish the Star Chambei, the …
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
The several forms of contract will be taken up in the following order: I. the Surety Contract, including (a) the creditor's rights against the debtor, (b) the creditor's rights to sue the surety, and (c) the surety's right of reimbursement; 2. the Warranty Contracts, including (a) warranty of title, and (b) warranty of quality; 3. the Contract of Court Record; 4. the Coitract of Plighted Faith; 5. the Pledge Contract; 6. the' "Delivery-Promise"; 7. the Written Contract; and 8. the "Earnest" Contract.
Note And Comment, Ralph W. Aigler, John B. Waite, William L. Owen, Samuel D. Frankel
Note And Comment, Ralph W. Aigler, John B. Waite, William L. Owen, Samuel D. Frankel
Michigan Law Review
Necessity of Valid Contract to Support Escrow - In Foulkes V. Sengstqcken, (Ore. 1917) 163 Pac. 311, it is said that "A pure escrow presupposes the existence of a valid contract with sufficient parties, a proper subject matter, and a consideration. There must be an actual contract of sale on the one side and of purchase on the other, afid until there is such a contract, the instrument executed by the supposed grantor, though in form a deed, is neither a deed nor an escrow." Accordingly it was held that performance of conditions by a grantee after the grantor had …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy - Appointment of Receiver as Act of Bankruptcy - An insolvent corporation, against which a creditors' suit was brought in the state court, procured the appointment of a receiver therein by an answer and cross bill in the name of its president, who was a defendant, and who with one other stockholder owned the majority of the stock and controlled the corporation. Held, that the corporation applied for the appointment of a receiver within the meaning of §3a(4) of the BANKRUPTcY AcT, making such application, while insolvent, an act of bankruptcy; it being unnecessary that the application be by …
Supreme Court's Theory Of A Direct Tax, J H. Riddle
Supreme Court's Theory Of A Direct Tax, J H. Riddle
Michigan Law Review
The decision of the United States Supreme Court in the Pollock case of 1895 was the beginning of an attempt on the part of the court to formulate a new definition of a direct tax, and since that time in every case which has called for a decision as to whether a particular tax was a direct tax the court has reverted to and tried to harmonize its decision with the reasoning set forth in the Pollock case. This decision overturned a fairly definite and universally accepted definition of a direct tax which had existed for nearly a century. In …
Mild Punishments, Robert Mcmurdy
Mild Punishments, Robert Mcmurdy
Michigan Law Review
If life, freedom, or hope be taken from man, he is ashes. Therefore we ought not to take away any of them lightly. But some, restraint or punishment is necessary. We often miss our aim, however,'by prescribing punishments that are too severe, whereupon human nature revolts, so that it is "impossible to combine certainty with severity," a lesson we have long since learned from the experience of England.
Note And Comment, Michigan Law Review, Thomas E. Atkinson, John R. Rood, Haddon S. Kirk, Harry G. Gault, William L. Owen, Harry J. Connine
Note And Comment, Michigan Law Review, Thomas E. Atkinson, John R. Rood, Haddon S. Kirk, Harry G. Gault, William L. Owen, Harry J. Connine
Michigan Law Review
The Appam Case - On March 6 last the Supreme Court handed down a unanimous decision in the appeals taken in the libel suits filed against the Appam and cargo in the District Court of the United States for the Eastern District of Virginia, affirming the decree of. restitution entered by that court.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments - Transfer of Expectancy - A, the apparent heir of his mother, executed a warranty deed conveying to defendants his expectancy in the realty of his mother. He died during her life, and after her death his children bring suit to have the deed cancelled as a cloud on their title. Held, that the relief prayed should be granted on the ground that the complainants were not bound by the warranty of the father, as they did not take as his heirs, but as the heirs of their grandmother, only tracing relationship through the father. Johnson v. Breeding (Tenn. …
Reasonable Rates, Henry Hull
Reasonable Rates, Henry Hull
Michigan Law Review
The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.
Interpretation Of The Eleventh Amendment, Leroy G. Pilling
Interpretation Of The Eleventh Amendment, Leroy G. Pilling
Michigan Law Review
The American Constitution may be compared to an organism with a high nervous development that enables it to adapt itself to changes. in its environment or even to new environments. As such an organism is the result of evolution, so is our Federal Constitution the product of centuries of human experience in the science of government. Probably most of the great political philosophers of all ages have donated their mite to the finished product. To MONTESQUIEU we owe in part, at least, our constitutional doctrine of the separation of powers.
The Ohio "Blue Sky" Cases, Clarence D. Laylin
The Ohio "Blue Sky" Cases, Clarence D. Laylin
Michigan Law Review
The ancient notion that private fraud lies beyond the domain of public law did not long survive the statements of it that have been quoted.' Our legislation, expressing always the changing moral standards of the people, has directed the sanctions of the criminal law, step by step, ever against new forms of overreaching and imposition. Numerous illustrations might be cited to show the growing repugnance of the public mind toward frauds and cheats, and the tendency to recognize them as offenses invoking the restraint of public action as well as the redress of private injuries.
Michigan's Adoption Of Uniform State Legislation, George W. Bates
Michigan's Adoption Of Uniform State Legislation, George W. Bates
Michigan Law Review
The commissioners on Uniform State Laws have just filed their fourth Biennial Report to the Legislature of Michigan. This Conference is a body composed of representatives of each State, Territory and Federal possession, who meet in annual conference under a permanent organization commonly designated the Commissioners on Uniform State Laws. The twenty-sixth annual meeting was held in Chicago last August. The commissioners consist very largely of lawyers and judges of standing and experience and of law teachers from some of the principal law schools. There are usually three representatives from each State or Territory, appointed for terms of three to …
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman
Michigan Law Review
Safeguarding the Criminal Defendant - Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing …
Book Reviews, Evans Holbrook, Gordon Stoner
Book Reviews, Evans Holbrook, Gordon Stoner
Michigan Law Review
Better City Planning for Bridgeport - By John Nolen, Consultant.on City Planning. With a Report on Legal Methods of Carrying Out the Changes Proposed in the City Plan for Bridgeport. By Frank Backus Williams, of the New York Bar. Published by the City Plan Commission of Bridgeport, Connecticut 1916. pp. xx, i59.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Tacking - To a suit in ejectment, defendant pleaded, (z) the statute of limitations of seven years, claiming adverse possession for that length of time; (2) also twenty years' adverse possession as a basis for the presumption of a grant. The possession relied upon is partially that of defendant's predecessor, between whom and defendant there was no privity. Held, (I) the defense of the statute of limitations is without merit. Successive possessions cannot be tacked to make up the period of that statute unless connected by privity; (2) but no privity is necessary to raise the presumption …
Carmack Amendment In The State Courts, Wayland H. Sanford
Carmack Amendment In The State Courts, Wayland H. Sanford
Michigan Law Review
Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …
Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason
Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason
Michigan Law Review
Simplification of Judicial Procedure in Federal Courts - In 1914 the Judiciary Committee of the House of Representatives unanimously reported favorably upon a bill (H. R. 133) authorizing the Supreme Court of the United States to prescribe by rule the forms, kind and character of the entire pleading, practice and procedure to be used in all actions and proceedings at law in the federal courts, with a view to their simplification, which rules should, when promulgated, take precedence of any law in conflict therewith. On January 2, 1917, a similar bill (S. 4551) was favorably reported from the Senate Judiciary …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession Mistake - From a decree quieting in plaintiff title by adverse possession, defendants appealed, contending that plaintiff claimed the land only under and by virtue of a will which in fact conferred no legal title, and that such a claim was not adverse. Held, assuming that plaintiff believed he was asserting legal rights only, and that his claim of title was defective, his possession would nevertheless ripen into title by adverse possession. Erickson v. Crosby, (Neb. 1916) x6o N. W. 94.
Extension Of Judicial Review In New York, Edward S. Corwin
Extension Of Judicial Review In New York, Edward S. Corwin
Michigan Law Review
There are several reasons why it should be worth while to investigate the operation of the most unique of American governmental institutions in the most important state of the Union. For one thing, in the person of Chancellor KZN" New York furnished one of the founders of American Constitutional Law, while at the same time it was KzNT's fame that early gave New York decisions the importance they still retain in great part in the field of citation and precedent. Again it was YNT'S influence that inclined the fresh shoot of constitutional jurisprudence in New York in a conservative direction, …
Book Reviews, John R. Rood, Gordon Stoner
Book Reviews, John R. Rood, Gordon Stoner
Michigan Law Review
The Torrens System. A manual of the Uniform Land Registration Act in Virginia, to which is appended the Annotated Act, Proposed Rules of Court, and a complete System of Forms-Eugene C. Massie, Richmond, Virginia. Everett Waddey Co., i916. pp. xvii, 2o6.
Changing Legal Order, Floyd R. Mechem
Changing Legal Order, Floyd R. Mechem
Michigan Law Review
I must, I suppose, be considered a dull age which does not have its loyal chronicler who arises to affirm that it is the greatest and most important age in the history of the world. There have been many great periods. Some of them doubtless antedate historic times. Many of these ages doubtless were unconscious of their own importance. Picture to yourself the time when primitive man first learned to make and control a fire. How it differentiated him from all other animals! Not even yet, so far as I am aware, does even the most advanced non-human animal build …
Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason
Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason
Michigan Law Review
The Death of Professor Knowlton - The loss to the Law School and to his colleagues of the law faculty in the death of Jerome Cyril Knowlton cannot be expressed. For thirty-one years, the longest period of active service ever given by any man to this Law School, Mr. Knowlton was an effective factor in the development of the institution and in the moulding of the character and the legal ideas and ideals of the thousands of graduates who have passed through the Law School into the service of community and state and country, at the bar, upon the bench, …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client - Attorney's Charging Lien - Having agreed by contract to pay his attorney fifty percent of the proceeds recovered, the client, while suit was pending, and without the consent of his attorney, settled with the defendant for $3o. The attorney then gave notice of his claim to the defendant, and the district court, after hearing the case, gave judgment to the plaintiff attorney for $1oo. There was a statute (N. J. LAWS OF 1914, ch. 201, p. 410) which gave a lien to an attorney on the proceeds of a settlement out of court. Held, the action …
Martial Law And The English Constitution, Harold M. Bowman
Martial Law And The English Constitution, Harold M. Bowman
Michigan Law Review
On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Michigan Law Review
Special Assessments Upon Cemetaries - Though the power to tax cemeteries would seem to be'entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See CooLY, TAxATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, i39 IIl. 16, 28 N. E. io76; Mullins v. Cemetery Assoc., 239 Mo. 681, i44 S. W. iog; Buffalo City Cemetery v. Buffalo, 46 N. Y. 5o3; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 5! …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption - Inheritance from Natural Kindred - The plaintiff, a minor, by his guardian sued to recover his share of his deceased grandfather's estate under the law of succession of the state of California. After the death of his father and mother he had been adopted into another family. The statute of California provides that the natural parents of an adopted child are "relieved *** of all parental duties towards and all responsibilities for the child so adopted and have no right over it," and the child and persons adopting "shall sustain towards each other the legal xelation of parent …
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Michigan Law Review
The first local direct nomination law in Michigan was passed ir 1901; the first general law in 1905. The public opinion, however, which looked to the abolition of the convention system of nomination, rather than to its legal regulation, had its inception as early as 1894. The unusually objectionable primaries of that year led to a pronounced but unorganized agitation for reform, in the course of which a few of the most radical proposed to abolish absolutely all conventions.1 The legislature of 1895 contented itself, however, with attempting the regulation of primaries and conventions, leaving most of the nominating machinery …