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Michigan Law Review

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Recent Important Decisions, Michigan Law Review Apr 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …


Recent Legal Literature, Horace Lafayette Wilgus, John P. Barnes, Henry M. Bates Apr 1907

Recent Legal Literature, Horace Lafayette Wilgus, John P. Barnes, Henry M. Bates

Michigan Law Review

Joyce and Joyce: Treatise on the Law Governing Nuisances, With Particular Reference to its Application to Modern Conditions; Hamilton: A Treatise on the Law of Taxation by Special Assessments; Wilcox: Frailties of the Jury; Remsen: The Preparation and Contest of Wills


Benjamin Franklin Graves, Hoyt Post Apr 1907

Benjamin Franklin Graves, Hoyt Post

Michigan Law Review

BENJAMIN FRANKLIN GRAVES, the oldest and last surviving of the four noted judges-Cooley, Campbell, Christiancy and Graves-who composed the Supreme Court of Michigan in 1868 and succeeding years, died in Detroit, Michigan, on the third day of March, 1906, at the age of eighty-eight years and five months.


Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein Apr 1907

Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein

Michigan Law Review

Wilgus: Payment of Dividends Out of Capital of Corporations and the Nature of Treasury Stock; Wilgus: Duty of a Managing Director of a Corporation to an Individual Shareholder; Williams: Impairing Obligation of Contract with Foreign Corporations; Dodds: May a Legislature Pass an Act Allowing Actual Expenses to Circuit Judges Whose Salaries are Fixed by the State Constitution?; Sonnenschein: What Constitutes a Waiver by Implication of the Privilege of Confidential Communications Between Attorney and Client


The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory Apr 1907

The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory

Michigan Law Review

In the historic case of M'Culloch v. Maryland, CHIEF Justice Marshall said, referring to the Federal Government: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted, but the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as …


Thomas Mcintyre Cooley, Jerome C. Knowlton Mar 1907

Thomas Mcintyre Cooley, Jerome C. Knowlton

Michigan Law Review

In the early fifties, there were four young men practicing at the bar of the State of Michigan who became so influential during the formative period in the jurisprudence of the state that we cannot name one of them without thinking of the others. James V. Campbell, Isaac P. Christiancy, Thomas M. Cooley arid Benjamin F. Graves came from New York parentage and from New England stock. The three last name received their education in the primary schools and academies of New York. As young men seeking their future they came west and settled in different parts of this state. …


Japanese School Incident At San Francisco From The Point Of View Of International And Constitutional Law, Theodore P. Ion. Mar 1907

Japanese School Incident At San Francisco From The Point Of View Of International And Constitutional Law, Theodore P. Ion.

Michigan Law Review

The act of the Board of Education of San Francisco in assigning to Japanese pupils separate school buildings, has been the occasion of a diplomatic incident which, although insignificant in itself, may lead to far reaching consequences both in regard to the internal affairs and the external relations of the country. It is neither the first, nor will it probably be the last sign, of the struggle for equality of the yellow with the white man, which may subsequently be emphasized in a more tangible, if not abrupt manner, resulting in a clash between the two races: the one, trying …


Note And Comment, Harry B. Hutchins, Frank L. Sage, Ralph W. Aigler, T. Harry Slusser, George Gardner Mar 1907

Note And Comment, Harry B. Hutchins, Frank L. Sage, Ralph W. Aigler, T. Harry Slusser, George Gardner

Michigan Law Review

American Bar Association Meeting; Disbarment or Suspension of Attorney; Is the Property Owner Negligent if He Fails to Exercise Reasonable Care to Prevent an Injury to An Infant Trespasser?; Liability of Water companies for Losses by Fire; Evidence in Deportation Proceedings Under the Act of congress of May 5th, 1892; Duty of a Bank to a Surety to Apply Funds of a Principal Debtor to Satisfy a Debt Due the Bank;


Recent Important Decisions, Michigan Law Review Mar 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Agent's Liability When Name of Principal is Undisclosed; Attorney and Client--Admission to Practice--Moral Character; Bailment--Hiring--Conversion; Bankruptcy--Attempted Assignment by Trustee to a Creditor of Fraudulently Acquired Property; Bankruptcy--Fraudulent Conveyance--Vendor's Lien; Banks and Banking--Pass Books--Duty of Depositor; Bills and Notes--Antecedent Debt Constitutes Value; Common Carriers--Special Service; Conflict of Laws--Defense to an Action of Tort; Constitutional law--due Process of Law--Equal Protection of the Laws--Service on State Auditor as Attorney for Corporation; Contracts--Right of Privacy--Breach of Trust; Corporations--Ultra Vires; criminal Procedure--Indictment Must Negative Exception in Statute; Damages--Measure--Medical Attendance--Loss of Business; Damages--Mental Suffering--Failure to Deliver Telegram Promptly; Deeds--Redelivery to the Grantor--Effect as to Title; Easements …


Recent Legal Literature, Harry B. Hutchins, Edwin C. Goddard Mar 1907

Recent Legal Literature, Harry B. Hutchins, Edwin C. Goddard

Michigan Law Review

Gray: The Rule Against Perpetuities; Snyder: Supplement to Snyder's Interstate Commerce Act and Federal Anti-Trust Laws; Stone: Report of the Committee Appointed at the Conference of Counsel for Railroad Companies in Louisville, Kentucky, September 26-27, 1906; On the Questions Arising Under the Act of Congress Known as the Employers' Liability Act, approved June 11, 1906; Hirschfeld: Die Kaiserlichen Verwaltungsbeamten bis auf Diocletian;


The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem Mar 1907

The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem

Michigan Law Review

With two bodies dealing in general with the subject of legal education, the Section of Legal Education and this Association, meeting annually, and with occasionally a third, the Conference of State Boards of Law Examiners, each endeavoring to present papers and arouse discussion, it is obvious that the number of new questions which anyone may hope to suggest is necessarily, small. Most of the important questions have already been discussed, many of them more than once, and anything which is now presented is likely to smack of the truism or the platitude. The very remarkable increase, however, both in the …


Monroe Doctrine Its Status, John F. Simmons Feb 1907

Monroe Doctrine Its Status, John F. Simmons

Michigan Law Review

In 1895. President Cleveland in his message to Congress in regard to what has come to be known as the "Venezuela affair" said the Monroe Doctrine "has its place in the code of international law as certainly and as securely as if it were specifically mentioned." To test the accuracy of this statement we must determine as closely as possible what the Monroe Doctrine is and what is the correct meaning of the term "code of international law." Having settled our definitions the issue will be clearly defined and its discussion possibly profitable.


The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson Feb 1907

The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson

Michigan Law Review

The Congress shall have power * * * to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." "* * * to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or any department or officer thereof." Only one possessed of prophetic vision would dare to state the extent of the power contained in these clauses of the constitution, to say nothing of the subjects or persons to which it may be …


Recent Important Decisions, Michigan Law Review Feb 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty--Liability of Public Corporation for Tort; Bankruptcy--bills and Notes--discharge of Indorser; Bankruptcy--Title to Stock Held by Stockholders; Bills and Notes--Renewal of Void Note--Moral Obligation Not a Good Consideration; Bills and Notes--Renewal of Void Note--Moral Obligation Sufficient Consideration; Carriers--contributory Negligence--Protruding Arms of Passengers; Carriers--Contributory Negligence--Protruding Arms of Passengers; Constitutional law--foreign Corporations--Service of Summons on the Auditor of State--Due Process of Law; Contract to Devise--Parol Evidence to vary Consideration Expressed in a Deed; Corporations--application for Shares--Contracts; Easements--Way of Necessity--Relation of Parties; Equity--Jurisdiction--Bills of Peace; Executors and Administrators--Allowance to Surviving Children--Stepchildren; Garnishment--Proceeds form Sale of Homestead Exempt; Garnishment--Waiver of Defect in Writ; Homestead--conveyance--Joinder …


Note And Comment, Harry B. Hutchins, John R. Rood, Roy L. Black, Ivan E. Chapman Feb 1907

Note And Comment, Harry B. Hutchins, John R. Rood, Roy L. Black, Ivan E. Chapman

Michigan Law Review

Waiver of the Statutory Protection to the confidential Relation of Physician and Patient; Inter-State Rendition; When a Public Officer Misappropriating Public Funds is Not an Embezzler; When a Discharged Teacher May Resort to the Courts;


Isaac Peckham Christiancy, Joseph B. Moore Feb 1907

Isaac Peckham Christiancy, Joseph B. Moore

Michigan Law Review

Isaac P. Christiancy was born on the 12th of March, 1812, at Johnstown, New York. His life is another of, the many illustrations that great as are the advantages of the possession of wealth, when properly used, and the opportunity of attending the higher institutions of learning, they are not essentials to the attaining of great influence and a position of well deserved eminence. His education was obtained by attending the district schools, supplemented by a short term in the academy at Dow, New York. He was an omnivorous reader of such books, magazines and newspapers as were obtainable by …


Front Matter Jan 1907

Front Matter

Michigan Law Review

Front Matter for the Michigan Law Review Vol 5 (1906-1907)


James Valentine Campbell, Charles A. Kent Jan 1907

James Valentine Campbell, Charles A. Kent

Michigan Law Review

The Campbell ancestors of Judge Campbell were, as the name shows, Scotch. The earliest one in this country, his grandfather, was Thomas Campbell, an officer in an Highland Regiment, who settled on the Hudson. His son, Henry M. Campbell, was born in Ulster County, New York, September 10th, 1783. In early manhood he removed to Buffalo. When the War of 1812 broke out, he joined the American army, and was made Captain of an artillery company. In October, 1812, he married Lois Bushnell, a member of a New England family. Her nephew, the Reverend Horace Bushnell, became a very distinguished …


Revision Of The Laws Of The United States, Everett P. Wheeler Jan 1907

Revision Of The Laws Of The United States, Everett P. Wheeler

Michigan Law Review

June 22, 1874, President Grant put his signature to a great quarto volume which we know as the United States Revised Statutes. This has since been amended, and many additions have been made to the general laws of the United States which have not been incorporated in the Revised Statutes. These are scattered through the Statutes at Large, mingled with many temporary provisions. To convert this chaos into order, Congress in 1897 created a Commission to revise the Criminal and Penal Laws of the United States. In 1899 the duties of this Commission were extended to a revision of the …


Note And Comment, Harry B. Hutchins, Ralph W. Aigler, Fabian B. Dodds, Justice Wilson Jan 1907

Note And Comment, Harry B. Hutchins, Ralph W. Aigler, Fabian B. Dodds, Justice Wilson

Michigan Law Review

What is the Practice of Medicine?; A Home Rule Charter and the Constitution; Recent Decisions on Trade-Marks and Unfair Trade; Liability of Anomalous or Irregular Indorser; Treatise Part of the Supreme Law of the Land;


Recent Legal Literature, Jerome C. Knowlton, Horace Lafayette Wilgus, Henry M. Bates, Robert E. Bunker Jan 1907

Recent Legal Literature, Jerome C. Knowlton, Horace Lafayette Wilgus, Henry M. Bates, Robert E. Bunker

Michigan Law Review

Anson: Principles of the English Law of Contract; Heseltine: A Digest of the Law of Trade-Marks and Unfair Trade; Abbott: A Treatise on the Law of Municipal Corporations; Alderson: A Practical Treatise on the Law of Receivers as applicable to Individuals, Partnerships and Corporations, with extended consideration of receivers of railways and in proceedings in bankruptcy


Recent Important Decisions, Michigan Law Review Jan 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Unnecessary Services--Compensation; Bankruptcy--Title to Bankrupt's Property; Banks and Banking--Checks--Appropriation of Deposit--Garnishment; Chattel Mortgages--Retention of Possession and Power of Sale by Mortgagor--Fraud; Civil Rights--Power of Congress to Protect Against Individual Interference; Common Carriers--Limitation of Liability--Agreed Valuation; Constitutional Law--Delegation of Legislative Power--Regulations of Executive Departments; Constitutional Law--Regulation of Child Labor; Contracts--Mutuality--Consideration; Contracts--Restraint of Trade; Corporations--Misuse of Funds--Right of Stockholder to Sue; Corporations--Preferred Stock--Priorities--Cumulative Dividends; Covenants--Knowledge by the Grantee of Incumbrance; Criminal Law--conviction of Lesser Offense as Acquittal of Graver Offense--Former Jeopardy--Remanding Cause for Sentence; Damages--Mental Anguish--Undelivered Telegram; Deeds--Exceptions--Reservations--Abandonment of Right of Way--Reversion--Effect; Eminent Domain--Cemeteries; Evidence--Privileged Communications--Attorney and Client; Evidence--Res Gestae--Spontaneous …


Some Contributions Of Psychology To The Conception Of Justice, James Tufts Dec 1906

Some Contributions Of Psychology To The Conception Of Justice, James Tufts

Michigan Law Review

The two general standpoints from which all attempts to define justice and rights proceed, are that of the individual and that of the social whole. From the standpoint of the individual, we have such principles as 'to every man according to his deserts,' or 'to every man according to his needs,' as well as the stubbornly surviving principle of natural rights, which is imbedded in our institutions even though discredited by philosophers. From the standpoint of society, we have the principle that justice means the determining of individual relations by the general order and the subordinating of individual to public …


Recent Important Decisions, Michigan Law Review Dec 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …


Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd Dec 1906

Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd

Michigan Law Review

The Constitutionality of Statutory Restrictions Upon Sales of Merchandise; The Liability of a Collecting Bank for the Defaults of its Correspondents; Reasonable Regulation of Primary Elections; Assignment of Wages to be Earned in the Future in the Absence of a Contract of Employment Definite as to Time


Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall Nov 1906

Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall

Michigan Law Review

I regret exceedingly that I am not able, in the scope of these observations, to include all the states of the American Union, where the home-rule charters have been permitted as a method of city government; but unfortunately my vision has not passed beyond the horizon of my own state, and the workings of the home­rule system in other states must be left as a subject for future study and comparison. With pardonable pride, however, it may be said that the State of Minnesota, while she has erred with her sister commonwealths in experimental over-legislation, has nevertheless recently placed upon …


Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter Nov 1906

Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter

Michigan Law Review

I. To. United States Courts. 2. To State Courts. 3. To Military Courts. General Principles of Amenability-Courts and text writers not unfrequently enunciate as a general principle that military authority is subordinate to civil law. Accepted literally, the broad statement can be sustained by neither law nor precedent. The federal constitution provides for three kinds of military jurisdiction: (a) That known as Military Law, designed to be exercised both in time of peace and war and acquiring its authenticity from the acts of Congress prescribing army regulations and the rules and articles of war, as well as from the established …


Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates Nov 1906

Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates

Michigan Law Review

A Spurious Law Course; Railroad Taxation in Michigan and Wisconsin; Surgical Operation on Minor Without Consent of Parent; The Power of Municipal Corporations to Grant Exclusive Privileges; Inheritance Taxes and the Right to Transfer and Inherit Property; The Sovereign Power of a State to Prevent Election Frauds; Original Jurisdiction of Supreme Court in Election Cases;


Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage Nov 1906

Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage

Michigan Law Review

Gray: Limitations of the Taxing Power, Including Limitations Upon Public Indebtedness; Lincoln: The constitutional History of New York from the Beginning of the Colonial Period to the Year 1905. Showing Origin, Development and Judicial Construction of the Constitution; The Law Association of Philadelphia. Addresses Delivered March 13, 1902, and Papers Prepared or Republished to Commemorate the Centennial Celebration of the Law Association of Philadelphia, Pennsylvania; Long: A Treatise on the Law of Domestic Relations; Shastid: How to Suppress a Malpractice Suit and other Medical Miscellanies; Huddy: The Law of Automobiles; Hill: Lincoln the Lawyer


Function Of The State University Law School, Andrew Alexander Bruce Nov 1906

Function Of The State University Law School, Andrew Alexander Bruce

Michigan Law Review

It is only where there is law that there is liberty, and where there is law there must be lawyers. In the countries where the lawyers are the fewest liberty is at the lowest ebb, an the dignity of the individual least regarded. Even if the modern industrial system should undergo a change, and the dream of the socialist were to be fulfilled, there would still be a demand for the legal arbiter, interpreter and counsellor, for socialism in its last analysis is merely a system under which human conduct and activity is everywhere sought to be controlled and regulated …