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Articles 8281 - 8310 of 8432
Full-Text Articles in Entire DC Network
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--"Mining" includes Quarrying; Bankruptcy--Persons Entitled to Oppose Discharge; Banks and Banking--Right of Drawer of Check to Stop its Payment; Bills and Notes--Trustees for Benefit of Creditors as Holders in Due course--Pre-Existing Debt Constitutes Value; Building Contracts--Provisions for Extra Work--Powers of Architect; Common Carriers--Delay Co-Operating with Act of God; Contracts--When a Breach on the Part of One party to a Contract Entitles the Other to Rescind; Criminal Law--Former Jeopardy; Damages--Recovery for Gratuitous Services; Deeds--Estate Granted--Conflict Between the Habendum and the Granting Clauses; Equity--Wills--Precatory Trust; Foreign Corporations--Statute Revoking License on Removal of a Cause to Federal Court; Husband and Wife--Purchase by Wife …
Validity Of Contracts Between Corporations Having Common Directors, Harold M. Bowman
Validity Of Contracts Between Corporations Having Common Directors, Harold M. Bowman
Michigan Law Review
Among many who heed the results of the examinations into the methods of trust, corporation and extensive financial activities, there is a conservative belief that improvement is to be secured not by sweeping alterations in legislation, or revolutionary conversions in public opinion, but by persistent and skillful reformation of the detail of law itself. The recommendations of the Armstrong insurance committee of New York bear adequate witness to this fact. But it is interesting to note that most of the recommendations have been addressed to executive and legislative authority, not to the judiciary. This is but natural, considering the purposes …
Supreme Court And Unconstitutional Acts Of Congress, Edwin S. Corwin
Supreme Court And Unconstitutional Acts Of Congress, Edwin S. Corwin
Michigan Law Review
The power of the Supreme Court of the United States to supervise Congressional legislation has been so generally assumed in the recent discussions, both in and out of Congress, of the proposed Rate Bill, and is indeed so apparently settled today that it becomes of interest to inquire into the intention of the Constitutional Fathers in this matter. Did the Fathers intend that the federal judiciary should have the right to declare an act of Congress of no effect because transgressing constitutional limits? It does not detract from the interest of this question that two recent authorities who attempt to …
Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr
Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr
Michigan Law Review
In considering this question two primary considerations are presented at the outset, (I) what is meant by a quitclaim deed, and (2) what constitutes a bona fide purchaser. The quitclaim, as used in the law of conveyancing in the United States, is ordinarily treated as analogous to the old English deed of release, but the latter could operate only when the vendee was already the owner of an estate in the land, while the former is recognized as an original conveyance. The usual operative words are "remise, release, and forever quit claim." Frequently a covenant against incumbrances by the grantor …
Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D.
Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D.
Michigan Law Review
The Federal Courts and Local Law in Porto Rico; The Investigation of Corporate Monopolies; Compelling the Production of Corporation Books and Papers; Goods Damages by Act of God Because of a Carrier's Negligent Delay; The Effect of Dogmatic Changes Upon the Legal Status of a Church; Bays and Gulfs as Territory of the Adjoining Nation;
Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake
Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake
Michigan Law Review
Parsons: The Heart of the Railroad Problem. The History of Railroad Discrimination in the United States. The Chief Efforts at Control and the Remedies Proposed, with Hints from Other Countries; Williston: Wald's Pollock on Contracts (3rd ed.); Erwin: A Summary of Torts; Pingrey: A Treatise on the Law of Extraordinary, Industrial and Interstate Contracts; Leage: Roman Private Law. Founded on the "Institutes" of Gaius and Justinian; Girard: A Short History of Roman Law; Longsdorf (ed.): Current Law, a complete Encyclopedia of New Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …
Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble
Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble
Michigan Law Review
The power to issue negotiable bonds is not identical with the power to become indebted, though usually concomitant with it; for municipal indebtedness may be incurred--by the issue of warrants or non-negotiable notes. The power to become indebted is not an inherent power of American municipalities. It is conferred by the state, either expressly, or by implication as being a necessary or reasonable agent in the execution of other powers expressly conferred; and the limits of the doctrine of implication are in dispute. But with the power to become indebted this paper is not concerned. Similarly the power to issue …
Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman
Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman
Michigan Law Review
Is a Divorce Granted Where One Only of the Parties is domiciled Entitled to Full Faith and Credit?; Laibiltiy of Water Companies for Fire Losses; Diversion of Subterranean Percolating Waters; Women as Notaries Public;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …
Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus
Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus
Michigan Law Review
Bigalow: Centralization and the Law; Ridges: Constitutional Law of England; Kales: Conditional and Future Interests and Illegal Conditions and Restraints in Illinois; Beale: The Law of Foreign Corporations and Taxation of Corporations, Both Foreign and Domestic; Clephane: The Organization and Management of Business Corporations; Frost: A Treatise on the Incorporation and Organization of Corporations, Created Under the "Business Corporation Acts" of the Several States and Territories of the United States; Whitten (ed.): Yearbook of Legislation, 1904
Exchange Of Stock For Capitalized Profits, H. S. Richards
Exchange Of Stock For Capitalized Profits, H. S. Richards
Michigan Law Review
The judgment of Vice Chancellor Pitney in the somewhat recent case of See v. Heppenheimer is of more than usual importance on account of the nature of the interests involved, and the advanced position taken on the perplexing question of watered stock. Extensive notes on the case have appeared in legal periodicals, yet it would seem, in view of the doctrines announced, that more extensive comment will be profitable. The particular case is one of a series of suits growing out of the failure of the so-called "Straw Board Trust." In this particular case, See, as receiver of the Columbia …
Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates
Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates
Michigan Law Review
Liability of Principal for Mistake or Fraud of Agent; Contracts by Correspondence; The Police Power and city ordinances for the disposal of Garbage; Restriction Upon the Right of a Carrier to Deal in Commodities Transported by It;
Recent Important Decisions, Michigan Law Reivew
Recent Important Decisions, Michigan Law Reivew
Michigan Law Review
Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …
Nature And Extent Of An Agents Authority, Floyd R. Mechem
Nature And Extent Of An Agents Authority, Floyd R. Mechem
Michigan Law Review
§ I. PURPOSE of THIS PAPER.-It has been seen in another place how the relation of principal and agent may be created and how it may be terminated. The purpose of creating the agency is to confer authority upon the agent,--to clothe him to a greater or less extent, and for a shorter or longer period, with a portion of that power with which nature and the laws of society have invested the principal. For the time being, and in some capacity, the principal has another self, who, by his will and act, is invested with the power to speak …
Recent Legal Literature, Edson R. Sunderland, Edson R. Sunderland, Harry B. Hutchins
Recent Legal Literature, Edson R. Sunderland, Edson R. Sunderland, Harry B. Hutchins
Michigan Law Review
Clementson: A Manual Reletaing to Special Verdicts and Special Findings; Wharton: A Treatise on the conflict of Laws, or Private International Law; Lile, Redfield, Wambaugh and Wheeler: Brief Making and the Use of Law Books; Pomroy: Pomroy: Pomeroy's Equitable Remedies (supplementary to Pomeroy's Equity Jurisprudence); McLaughlin: The Confederation and the Constitution, 1783-1789
The Compensation Of Medical Witnesses, Harry B. Hutchins
The Compensation Of Medical Witnesses, Harry B. Hutchins
Michigan Law Review
The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt. But there are limitations upon the general rule, some based upon principles of legal policy and some upon …
Note And Comment, Henry M. Bates, Harry B. Hutchins, Ralph E. Jenney, Charles L. Dribble, Charles H. L'Hommedieu
Note And Comment, Henry M. Bates, Harry B. Hutchins, Ralph E. Jenney, Charles L. Dribble, Charles H. L'Hommedieu
Michigan Law Review
Internal Revenue Tax on State Dispensaries Upheld; What is the Practice of Medicine?; Appeals from Decrees for Costs; The Hearst Election Contest; The Lapse of a Legacy to a Deceased Child; Unsightly Advertisements and Billboards
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Arbitration and Award--By-Laws of Board of Trade--Ousting Courts' Jurisdiction; Bills and Notes--Accommodation Indorsement--Conflict of Laws; Bills and Notes--Material Alteration; Common Carriers--Duty to Notify Passenger of Arrival at His Destination--Must Awaken Sleeping Passenger if His Destination is Known; Constitutional Law--Anti-Trust Laws--Equal Protection of the Laws; Constitutional Law--Insurance--State Statutes Prohibiting Combinations Among Insurance Companies--Do Not Violate Fourteenth Amendment; Constitutional Law--Prosecution by Information due Process of Law; Contracts--Agreement to Employ Only Members of a Certain Union; Contracts--Public Policy--Location of Depots; Corporations--Reduction of Stock--Equitable Relief--Powers of Officers; Corporations--Suit by Stockholders--Refusal of Directors to Sue; Corporations--Suit in Stockholders' Names--Device to Confer Jurisdiction on Federal Courts; …
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Michigan Law Review
The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …
Effect Of Foreign Chattel Mortages Upon The Rights Of Subsequent Purchasers And Creditors, Marion Griffin
Effect Of Foreign Chattel Mortages Upon The Rights Of Subsequent Purchasers And Creditors, Marion Griffin
Michigan Law Review
Should the title or lien of a foreign mortgagee be protected against the claims of creditors and innocent purchasers in the state to which the mortgaged property is removed? It is sometimes said that the chattel mortgage creates a mere lien by the law of the state where made, which is not entitled to recognition in any other state. The weight of authority is otherwise. It is a transfer of the, property itself as a security for the debt. There are some states in which a mortgage of personal property creates no title in the mortgagee, but a mere lien; …
The Effect Of Ratification As Between The Principal And The Other Party, Floyd R. Mechem
The Effect Of Ratification As Between The Principal And The Other Party, Floyd R. Mechem
Michigan Law Review
The question of the effect of ratification as between the principal and the other party to the transaction involves two aspects: a. What are the rights of the other party against the principal based upon the ratification? b. What rights does the principal by his own ratification acquire against the other party to the transaction ratified? Each of these also may be considered from the standpoint of actions based upon contract or sounding in tort.
Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster
Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster
Michigan Law Review
Constitutional Privileges in the Philippine Islands; A Laudatory Publication as a Cause of Action; The Cy-Pres Doctrine; Duty of Vendee to See to Investment of Funds; the Power to Declare a forfeiture and Sell Property Used in Violation of a Statute; Dying Declarations; "Juvenile Courts" and Jury Trials for Neglected, Delinquent, Children;
Recent Legal Literature, William J. Meyers, William J. Meyers, Joseph H. Drake, Jerome C. Knowlton, Victor H. Lane, Robert E. Bunker, Frank L. Sage, Joseph H. Drake, Frank L. Sage
Recent Legal Literature, William J. Meyers, William J. Meyers, Joseph H. Drake, Jerome C. Knowlton, Victor H. Lane, Robert E. Bunker, Frank L. Sage, Joseph H. Drake, Frank L. Sage
Michigan Law Review
Noyes: American Railroad Rates; Meyer: Railway Legislation in the United States; Diccy: Lectures on the Relation between Law and Public Opinion in England During the Nineteenth Century; Page: Law of Contracts; Camp: The Encyclopaedia of Evidence; Clement: Fire Insurance as a Void Conttract and as Affected by Construction and Waiver of Estoppel, including miscellaneous provisions and an analysis and comparison of the various standard forms, all reduced to rules with the relevant statutory provisions of all the states. Volume II.; Woodruff: A Selection of Cases on Domestic Relations and the Law of Persons; Kinkead: …
Christian Science And Religious Liberty, Edward W. Dickey
Christian Science And Religious Liberty, Edward W. Dickey
Michigan Law Review
Prominent among the expressions of religious thought in this country in recent years is that of Christian Science. Its teaching in regard to the healing of disease without any material agencies has called forth many comments on the question of religious liberty. As it has attracted to it a large and ever increasing number of intelligent and law-abiding citizens, all over the country, and as there have been several efforts to partially or totally restrict its practice as a means of healing, by proscriptive legislation, we deem it proper to set forth, in a general way, some of the questions, …
Recent Important Decisions, Michigan Law Reivew
Recent Important Decisions, Michigan Law Reivew
Michigan Law Review
Acknowledgment--Notary Agent of Grantee--Extra Compensation for Securing Acknowledgment; Attachment of Real Property--Conflict of Jurisdiction--Federal and State Courts; Attorney and Client--Contract Between--Fraudulent Conveyance; Bankruptcy--Preferences--Securing Attorney's Fee; Banks--Liability of Private Banker; Common Carriers--Duty to Receive Helpless Persons as Passengers--Degree of Care Required When Accepted; Common Carriers--duty Toward Hackmen at Depots--May Discriminate; Constitutional Law--Impairing Obligation of Contract--Contracts with Waterworks Companies; Constitutional Law--License for Issuing Trading Stamps; Constitutional Law--Trading Stamp Laws; Corporations--amendment of Charter--Service on--Liberty to Contract; Corporations--Constitutional Law--Pools and Trusts--Foreign Insurance Companies; Criminal law--Written instructions to Jury; damages--Fright Unconnected with Physical Injury; Deed--description--Conveyance to Trustee--Necessity of Word "heirs"--Rule in Shelley's Case--Adverse Possession; Evidence--Corporations--Books …
Front Matter
Michigan Law Review
Front Matter for the Michigan Law Review Vol 4 (1905-1906)
Federal Regulation Of Quarantine, W. E. Walz
Federal Regulation Of Quarantine, W. E. Walz
Michigan Law Review
During the recent excitement in the South caused by the sudden appearance of yellow fever and the consequent recrudescence of the shotgun quarantine an event has happened that might well attract the attention of every thoughtful citizen of the United States: the surrender of a very essential part of the police power of the State of Louisiana to the Public Health and Marine Hospital Service of the Federal Government. made on the plea of absolute necessity and on the principle that self-preservation is nature's first law. The Governor of the State assumed full responsibility for this surrender, and he had, …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Anti-Trust Law--Police Power--Restraints of Trade--Necessity of Intent; Banks and Banking--Collection--Negligence; Bills and Notes--Demand for Payment; Boycott--Injunction Against Labor Union; Collateral Inheritance Tax--Land in Another State; Constitutional Law--Revoking License; Constitutional Law--Tax on Lawful Vocation; Corporation--Taxation of Assets--Trust and Insurance Company; Criminal Law--Instructions--Questions of Law and Fact; Criminal Law--Subject of Statutory Forgery; Damages--Breach of Contract--Loss of Future Profits; Deeds--Consideration--Promise to Support; Deeds--Implied Fee--Fee on Fee; Deeds--Uncertain Grantee--Heirs of Living; Deeds--Variance Between the Granting Clause and the Habendum; Divorce--Alimony--Payment after Husband's Death; Eminent Domain--Abandonment of Railroad Crossing--Damages; Evidence--Handwriting--Comparison; Game--Prohibition of Sale Applies to that Taken in Another State; Insolvency--State's Priority Over Other Creditors--Costs …
Note And Comment, George Luther Clark, Henry M. Bates, John R. Rood, Horace Lafayette Wilgus, John R. Rood
Note And Comment, George Luther Clark, Henry M. Bates, John R. Rood, Horace Lafayette Wilgus, John R. Rood
Michigan Law Review
The Effect of Abandonment on the Contract of Affreightment; The constitutionality of Statutory Restriction Upon Sales of Merchandise; Constitutionality of State Laws as to Service of Process on Foreign Corporations; Creditors' Right to Hold Shareholders Liable on Corporate Stock Issued for Property Valued on the Basis of Prospective Profits; Heirs as Grantees with Mixed Estates of Entirety to Parents