Digital Commons Network^™

Administrative Tribunals-Operation Of Administrative Orders As Res Judicata

Michigan Law Review

To the layman res judicata is simply another one of those esoteric legal subterfuges by which lawyers evade the simple facts and win lawsuits for their clients. So he shrugs his shoulders at the whole silly business and confines his interest in the law to the dramatic trio: great crimes, great names, and great figures. To the lawyer, principle is dominant. Though he may quibble over its spelling, he recognizes res judicata as a sound working principle and is interested in the popular case mainly because good legal talent will be employed, capable arguments presented, and sound decisions reached.

Suretyship-Application Of Payments From Principal To Creditor-Equity Of Surety In Building Contract Funds

Michigan Law Review

A building contractor's bond, with professional surety, promises to see that all laborers and materialmen assisting upon a certain construction job are fully paid. With moneys received from work upon this building, the contractor pays a certain sum to a materialman without applying it to any particular debt. The contractor owes the materialman upon two separate debts: one for materials furnished upon this very job, and covered by this surety bond; and a pre-existing debt, in no way connected with the present contract. Is the surety able to insist that the materialman use this payment to discharge the debt on …

Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent

Michigan Law Review

The growing practice of leasing important business property, especially for long terms, rather than of conveying the entire fee simple, has made increasingly important the devices inserted in such leases for the protection of the respective parties. One of the oldest and most common of these, for the protection of the lessor, is the covenant by the lessee that he will not assign the term without the consent of the lessor.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Paradoxes Of Legal Science: A Review, Rousseau A. Burch

Michigan Law Review

This book by the distinguished Chief Judge of the New York court of appeals deals with difficulties of the judicial process when its function is creative; that is, when a judge makes law for novel situations.

The title of the book assumes there is a science of law, and the introduction takes analogues of physical science for a starting point. In physics there are rest and motion, static and dynamic ; in social affairs there are stability and changes, conservation and progress. In making decisions, the judge may be concerned with the yea of action in alteration, and the nay …

The United States And The League Of Nations, Clarence A. Berdahl

Michigan Law Review

With the ratification of the Treaty of Versailles by the necessary number of Powers on January 10, 1920, there came into existence that new experiment in international cooperation and government known as the League of Nations. It has grown from a membership of 43 states in 1920 to 55 in 1929. Including Great Powers and Small Powers, states of Europe, Asia, Africa, South, Central, and even North America, it can in no sense of the word be properly characterized as a European league merely, or another Holy Alliance, but is truly a world organization. Only Afghanistan, Brazil, Ecuador, Egypt, Russia, …

Fire Insurance-Is "Double" Payment Necessarily Overpayment?

Michigan Law Review

A recent Wisconsin case, Ramsdell v. Insurance Co., presents a novel and interesting situation. The lessor and lessee of business property each insured the property in separate companies, the lessor for $3,000 and the lessee for $7,500. The lease contained no provisions as to insurance, repairing, or rebuilding and there was no contract between any of the parties which could affect the situation that arose. A loss of $4,246 occurred in June. After lengthy negotiations had proved fruitless, the lessee rebuilt the premises and sued his insurer. At the same time the lessor sued on his policy. The lessee …

Administrative Law-Delegation Of Legislative Power To Administrative Tribunals

Michigan Law Review

Thirty years ago it was generally said and believed that no part of the legislative power could be delegated to any other department of government or to any administrative officer or officers. That was a fundamental principle of constitutional law thought essential to the integrity and maintenance of the system of government established by the constitution. But as social and industrial problems became more complex, calling for an ever greater amount of governmental regulation, legislative bodies found themselves unable to attend to the ever increasing volume of technical detail. Furthermore, the nature of the problems was often such as to …

Injunctions-Statutory Injunctions In Legal Actions Under The Iowa Code

Michigan Law Review

The Iowa Code contains a unique and interesting provision which was copied from the English Common Law Procedure Act of 1854. It provides that :--"In all cases of breach of contract or other injury, where the party injured is entitled to maintain and has brought an action by ordinary proceedings, he may, in the same cause, pray and have a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the commission of any breach of contract or injury of a like kind arising out of the same contract or relating to the …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

When The Importer Is A State University, May The Government Collect A Duty?, Sweinbjorn Johnson

Michigan Law Review

The Tariff Act of 1922 has raised a question which may turn out to be one of great importance as well as one of unusual interest. It appears that in previous acts exemptions were granted, more or less general, in favor of schools, libraries and educational institutions with the result that on imports for their use no duties were levied or collected. In the law of 1922, however, no such exemptions appear, and the customs officers throughout the country have required state universities to pay a duty when the title passed abroad and the articles imported by them were intended …

Municipal Corporations-Methods Of Detaching Outlying Districts

Michigan Law Review

Since the power to restrict boundaries is legislative in nature, territory which has once become part of an incorporated community can be detached only by the authority of a statute, and the corporation, the courts, and even the people are powerless to act unless so authorized. 1. DILLON, MUNCIPAL CORPORATIONS, 4th ed. sec. 356. But when the town is booming and each farmer sees himself swept into wealth by the subdivision and sale of his property, who worries about detaching land? It is only when the boom has passed and the farmer finds himself still engaged in agriculture, and burdened …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 27, Issue 5 of Michigan Law Review

The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field

Michigan Law Review

A municipal corporation has governmental as well as proprietary functions to perform. It differs from a private corporation in that its primary functions are governmental. Municipal corporations are usually spoken of as legal persons, or entities, in the same sense that private corporations are, but in studying them it must always be borne in mind that the main purpose for which most of them are created is that they may perform certain governmental functions.

Constitutional Law-Equal Protection-Disparity Of Privilege And Discrimination

Michigan Law Review

The equal protection clause of the fourteenth amendment provides that no person or class of persons shall be denied the same protection of the laws that others in the same place and under like circumstances enjoy. But it has been said that "equality and not identity of privileges and rights is what is guaranteed to the citizen" by the fourteenth amendment. People v. Gallagher, 93 N. Y. 438, 45 Am. Rep. 232. Any law which in terms provides for identity of privileges and rights, but which operates in such a manner as to produce political or economic inequality. because of …

Protection Of Industrial Property, Edward S. Rogers

Michigan Law Review

It is perhaps too much to attempt a discussion of the origin and history of the common law in an introductory note like this. Suffice it to say that the common law is unwritten and is an inheritance from the English colonists who brought it to North America from England. The common law is the law of the several states. In the United States there is no national common law.

Books Received

Michigan Law Review

A list of books received by Michigan Law Review

Crimes-Alibi-Instructions As To Particular Evidence

Michigan Law Review

In a prosecution for robbery the defendants introduced evidence as to an alibi and requested a charge which contained the proposition that the evidence on this point had merely to raise a reasonable doubt as to their presence at the scene of the crime to entitle them to an acquittal. The court refused this request, but had previously instructed the jury that the burden rested with the state to prove the guilt of the. defendants beyond a reasonable doubt. Held, that it was reversible error to refuse the charge requested. People v. Vasquez (Cal. App. r928) 26g Pac. 549.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 27, Issue 4 of Michigan Law Review

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.

Descent And Distribution-Status And Inheritance Rights Of Adopted Child

Michigan Law Review

The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …

Fidelity Bonds-Does It Pay To Renew Them?

Michigan Law Review

The question is raised by a recent Michigan case, in which the facts are apparently illustrative of a normal practice in modern business. The employer purchases a fidelity bond to indemnify him against loss arising from the financial misconduct of one of his employees. The premium pays for protection, for the year 1928, to the amount of $5,000. A year later payment of a premium of the same amount results in his receiving a "renewal" or "continuation certificate." 'What is the legal, and what the practical, effect of the renewal?

Taxation-Situs Of Intangibles For Succession Tax

Michigan Law Review

Decedent died domiciled in Connecticut, leaving as part of his estate, bonds and treasury certificates of the United States, which at the time of his death, and for a long time prior thereto had been physically placed and kept in safety deposit vaults in New York city, and had never been in Connecticut. The superior court of Fairfield county, on the advice of the supreme court of errors of Connecticut held that the bonds and certificates were not subject to a succession tax in Connecticut at the domicil of the decedent. The supreme court reached its decision by applying its …

Wills-Trusts-Unprobated Will Opposed To A Forged Will Fraudulently Probated

Michigan Law Review

We have now grown accustomed to certain principles which, at the time that they were enunciated, must have been thought anomalous. The comparatively recent case of Winder v Scholey, his oral promise to hold for another, might be declared a trustee ex maleficio, although he was guilty of no actual fraud when he made the promise. A fortiori, it would seem that actual fraud on the part of the devisee should lead to the same result, and such has been the fact for many years. In the case of deeds, however, actual fraud and a subsequent breach …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak

Michigan Law Review

Anglo-American writers on the conflict of laws and Continental writers on private international law emphasize, with equal strength, the importance of the rules regulating marriage. Marriage is the most important of the social institutions; it is, in fact, the very foundation of the present social order. The legal system of civilized states, which is called upon to maintain this social order, contains an elaborate body of rules, protecting the institution of marriage. It is noteworthy, indeed, that mature legal systems secure best interests involved in domestic relations, besides interests of substance such as property and contract. Each legal system developed …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Forestalling, Regrating And Engrossing, Wendell Herbruck

Michigan Law Review

The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …