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Michigan Law Review

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Recent Important Decisions, Michigan Law Review Nov 1916

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners-Lateral Support.-Defendant was sued for injuries to plaintiff's dwelling on an adjoining lot caused by defendant's having -excavated on his lot after having given plaintiff notice of the intended excavation. Held, defendant, after having given plaintiff reasonable notice of 'the intended excavation, was not liable for injuries to plaintiff's building which resulted from defendant's "ordinarily careful excavation of his own lot:' Vandegrift, et al. v. Boward (Md. I916), 98 AtI. 528.


Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen Nov 1916

Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen

Michigan Law Review

The Mortgages in Possession in New York and in Michigan - It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 18o2 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, ii Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute …


Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat Jun 1916

Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat

Michigan Law Review

With the unprecedented development of the means' of transportation in the early nineteenth century, and the increased use of the corporate form of ownership and control of these means, the inadequacy of the familiar rule of law, respondeat superior, as a protection to the travelling public from the torts of the carrier's servants was recognized. The majority of courts applied with the utmost rigor a test which determined the master's liability by considering whether the act complained of was within the scope of the servant's authority. Some few courts said that the liability depended rather upon whether the act was …


Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson Jun 1916

Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson

Michigan Law Review

Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.


Recent Important Decisions Jun 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Game Protection And The Constitution, Edward S. Corwin Jun 1916

Game Protection And The Constitution, Edward S. Corwin

Michigan Law Review

The Agricultural Department Appropriation Act of March 4, 1913, contains these provisions: "All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any state or territory, shall hereafter be deemed to be within the custody and protection of the government of the United States, and shall not be destroyed or taken contrary to regulations hereinafter provided therefor."


Tax Exemptions Of American Church Property, Carl Zollmann Jun 1916

Tax Exemptions Of American Church Property, Carl Zollmann

Michigan Law Review

The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …


Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood May 1916

Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood

Michigan Law Review

A collection of recent important court decisions and book reviews.


Status Of The Philippines, George A. Malcolm May 1916

Status Of The Philippines, George A. Malcolm

Michigan Law Review

The mainland included within the boundaries of the United, States proper is now made up of States, and of the District of Columbia, specially created for the national capital. Outside of this compact territory are other units, not States, related in. some manner to the national government.


Reception Of The Roman Law In Germany, Charles Sumner Lbingier May 1916

Reception Of The Roman Law In Germany, Charles Sumner Lbingier

Michigan Law Review

As in other countries. it was the universities which prepared the way for the Reception of Roman Law in Germany. Many of those great institutions which still .lead the world in learning date from about the middle of the thirteenth century, and instruction in foreign law was offered from the beginning. At first the emphasis was placed on the Canon law -but chairs of Roman law were established at Heidelberg in 1387, at Basel in 146o, at Ingolstadt in 1472, at Tfibingen in 1477, at Freiburg in 1479, at Vienna in 1493 and at Greifswald in 1498, and were filled …


Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman May 1916

Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman

Michigan Law Review

The Death of President Angell - The death of Dr. James Burrill ANGELL, president-emeritus of the university, has deprived the law school of a sympathetic and helpful friend. Such was the catholicity of Dr. ANGL'S mind and his intellectual interests that probably all departments of the university felt and had good reason to feel that he was in some special sense the interested friend of each.


Form Of The General Acceptance, F Thulin Apr 1916

Form Of The General Acceptance, F Thulin

Michigan Law Review

Of the various subdivisions of the law of commercial paper, the form of the acceptance is one that in a way has had the most diversified history. Furthermore, from its very nature, and from the fact that the law merchant was very seldom touched by statute, and from the fact that the common law attached no particular significance toa writing (except as to writings under seal and as to writings required by the Statute of Frauds), the form of the acceptance was possible of a rather elaborate analysis.


Power Of The President Over Foreign Affairs, Allen Welsh Dulles Apr 1916

Power Of The President Over Foreign Affairs, Allen Welsh Dulles

Michigan Law Review

In a recent article former Assistant Attorney General James M. Beck challenges the constitutionality of the measures which President Wilson has taken in the carrying out of the foreign affairs policy of this government. While his criticism is especially directed against the action of the President in appointing such confidential agents as John Lind and Colonel House without the consent of the Senate, he makes the sweeping assertion that the President must share the general control of foreign affairs with the Senate. Mr. Beck's position is clearly shown in the following quotations from his article: "Those provisions of the Constitution …


Recent Important Decisions Apr 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter Apr 1916

Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter

Michigan Law Review

Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school


Recent Important Decisions Mar 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews, Willard Barbour, John R. Rood, John B. Waite Mar 1916

Book Reviews, Willard Barbour, John R. Rood, John B. Waite

Michigan Law Review

A collection of book reviews by multiple authors.


Church Cemeteries In The American Law, Carl Zollmann Mar 1916

Church Cemeteries In The American Law, Carl Zollmann

Michigan Law Review

One of the most usual sights in any rural community in the United States is a church edifice with a cemetery in the immediate neighborhood. This condition of affairs, where a church society antedates the municipal corporation within whose limits it exists, can even occasionally be found in populous cities. Such cases, however, are fast disappearing. The demands of commerce and the doctrines of modern sanitation are too strong to be resisted. When a cemetery situated in the heart of a city is not abandoned on account of the monetary inducements held out by commercial interests, the law-making power of …


Inquiry Concerning Justice, Floyd R. Mechem Mar 1916

Inquiry Concerning Justice, Floyd R. Mechem

Michigan Law Review

Justice, said Daniel Webster, "is the greatest interest of man on earth." Alexander Hamilton, in the Federalist, declared "Justice is the end of government. It is the end of civil society. It has ever been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit."


Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat Mar 1916

Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat

Michigan Law Review

Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …


Charter Amending Powers Of Cities Under Michigan Home-Rule Legislation, Robert R. Jacobson Feb 1916

Charter Amending Powers Of Cities Under Michigan Home-Rule Legislation, Robert R. Jacobson

Michigan Law Review

The recent development in Michigan of the idea of home-rule for cities and villages makes the relation of municipal to state government there a matter of particular interest at the present time. The constitution of 1908 provided that the legislature should pass general laws giving to cities and villages the power to construct their own charters.1 The next two assemblies both attempted to frame statutes in accord with this general provision, 2 but the decisions of the Supreme Court in a number of important cases showed that these acts failed of their purpose. Having found that under the constitution as …


Recent Important Decisions Feb 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews, Henry M. Bates Feb 1916

Book Reviews, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.


Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge Feb 1916

Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge

Michigan Law Review

Recovery of the Purchase Price Before Title Has Passed - In an action recently instituted' by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and …


Courts In The Philippines Old New, David Cecil Johnson Feb 1916

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …


Recent Important Decisions Jan 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews, John R. Rood, Henry M. Bates Jan 1916

Book Reviews, John R. Rood, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.


Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine Jan 1916

Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine

Michigan Law Review

In considering the powers and liabilities of the military in dealing with the citizen, the question of what a subordinate is to do when confronted by a conflict between the law and military orders is a difficult and interesting one. Sections 15 and 16 of the Code (the draft of which is submitted herewith), deal with illegal orders. The general rule is that persons engaged in the military service of the state or nation can find no justification in the illegal orders of a superior officer if such orders are so manifestly illegal that a man of ordinary sense could …


Equity In Rem, Edgar N. Durfee Jan 1916

Equity In Rem, Edgar N. Durfee

Michigan Law Review

Perhaps the most important legal publication of the past year is a monograph, by Charles Andrews Huston, which is published as the first volume of Harvard Studies in jurisprudence. It is inscribed as a dissertation submitted to the faculty of Harvard Law School in compliance with the terms of the Research Scholarship, and is dedicated to Roscoe Pound, to whom, the author tells us in his preface, he is indebted for the suggestion of the field of investigation, for constant inspiration, and for concrete suggestion and criticism.


Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid Jan 1916

Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid

Michigan Law Review

Can a Manufacturer be Compelled to Sell? - The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sois Company, and Baiter & Cie v. O'Donnell, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more ways than one of maintaining prices. One of these is to refuse to sell to persons …