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Articles 11491 - 11520 of 12806
Full-Text Articles in Entire DC Network
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Michigan Law Review
Fifteen states in enacting public utility laws creating public utility commissions, have provided for an appeal on review of commission decisions, by the supreme court of the state. Other states provide for review by lower state courts with a subsequent appeal therefrom to the supreme court. No doubt, the direct appeal goes hand in hand with the more expeditious legal procedure exemplified by the creation of such administrative tribunals. In most states, including eight of the above fifteen, the constitutions provide that the jurisdiction of the supreme courts shall be appellate only, except for a few prerogative writs of original …
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Michigan Law Review
An interesting recent decision in Minnesota, Schendel v. C. M. & St. P. Ry. Co., raises two important questions concerning the effect to be given in one state of the Union to a judgment rendered in the courts of another. An action was brought in Minnesota by a special administrator, there appointed, to recover damages for the death of his decedent. The accident resulting in death had occurred in Iowa while the decedent, it was claimed, was engaged in inter-state commerce, so as to bring the claim within the federal statute. To this Minnesota action the defendant set up …
Aesthetic Zoning Regulations, Newman F. Baker
Aesthetic Zoning Regulations, Newman F. Baker
Michigan Law Review
The court house of Sangamon county, Illinois, is situated in the center of a block or square, known as Lincoln Square, in the city of Springfield. The building is of architectural beauty and great historical interest, the corner stone having been laid in 1837 and the building used as the Capitol building for the state of Illinois until 1876. The buildings on the four sides of the Square were all two or more stories in height until January, 1926, when a three- story building, located on the north-east corner of the Square was practically destroyed by fire. The owners planned …
A Monument To The American Sense Of Justice, Wade Millis
A Monument To The American Sense Of Justice, Wade Millis
Michigan Law Review
In this national anniversary year of profound memories we meet in a garden spot of Michigan within the boundaries of a county that possesses high distinction in being the theatre of important historical events and the home of many who have been notable for their achievements in the profession of the law and in the broad fields of statesmanship.
Curiosities Of The Law-Mandatory Injunctions In The Double Negative
Curiosities Of The Law-Mandatory Injunctions In The Double Negative
Michigan Law Review
The ridiculous practice of framing mandatory injunctions in the double negative seems to have originated in the famous case of Lane v. Newdigate. The bill was filed by a tenant of a water power mill against his landlord, who owned other lands upon the mill stream, to enforce covenants in the lease, praying specifically that defendant be decreed to remove certain locks which he had erected and restore certain gates and canals which he had destroyed or failed to keep in repair. The case came before Lord Eldon on a motion for a temporary injunction, which was heard ex …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 25, Issue 2 of Michigan Law Review
Acceptance Of Deeds
Michigan Law Review
In discussions of delivery of deeds consideration is commonly given to the element of acceptance, as if that were a part of delivery. In the ordinary case of delivery there is an acceptance by the grantee, but, it is submitted, when delivery is properly analyzed it will be found that acceptance is no proper part thereof, whatever may be said as to the necessity for assent in effectuating a change in ownership.
Corporations-Default In Filing Annual Report
Corporations-Default In Filing Annual Report
Michigan Law Review
Several thousand corporations, domestic and foreign, organized for profit, doing business in Michigan, were startled by the decision of the supreme court of the state handed down in October, in the case of Mishke v. Eddy Realty Co. (not yet reported).
Crimes-Defense Of Property
Michigan Law Review
May one under any circumstances kill in order to prevent the loss or destruction of his property? By this question is meant killing solely to prevent loss or destruction of property; necessary homicide in self-defense is unquestionably justifiable. Much of the confusion on the question whether one may take life if necessary in defense of property is due, it seems, to a persistent tendency to treat the two questions as the same. It hardly needs statement that the body of law pertinent to self-defense is totally distinct fundamentally from that pertaining to one's powers in defense of his chattels. Practically, …
Appeal Of Death
Michigan Law Review
A note from Mr. Justice Riddell says: "In my paper, 'Appeal of Death and Its Abolition.' 24 MICH. L. REV. (June, 1926) at p. 793, it is said, 'when the widow was Appellor, the issue was tried by a jury because a woman could not fight.' While this was generally true, the statement indicating universality was made per incuriam of course, the trial was sicut curia consideraverit; and sometimes Battel was awarded in the case of a woman-appellor.
Imprisonment For Debt, Richard Ford
Imprisonment For Debt, Richard Ford
Michigan Law Review
Imprisonment for debt is usually thought of as a barbarous custom which declined continuously as civilization and Christianity advanced and which was totally done away with long ago. The facts, however, are otherwise. It seems doubtful if history warrants any generalization to the effect that the imprisonment of debtors has been a steadily declining practice. Certain it is, that in a greater or less degree it exists today in many parts of the United States, in England, and in some other countries. Moreover, creditors are making use of it on a comparatively large scale. It is the purpose of this …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 25, Issue 1 of Michigan Law Review
Passenger Tickets As Contracts, Edwin C. Goddard
Passenger Tickets As Contracts, Edwin C. Goddard
Michigan Law Review
The most important right of the common carrier of passengers is his right to compensation. He carries for hire. This compensation he ordinarily collects by selling to the prospective passenger a ticket. Of these tickets there are many varieties, from the simple rectangular bit of cardboard, with the printed statement that it is good for one ride from X to Y, to the long coupon ticket, with elaborate provisions in fine print, providing for the passenger knows not what. What is the legal character of this ticket?
Early American Price-Fixing Legislation, Arthur S. Aiton
Early American Price-Fixing Legislation, Arthur S. Aiton
Michigan Law Review
One of the most pernicious delusions of legislators is the persistent notion that the enactment of a law is the panacea for any human ill from short sheets in hotels to the immodesty of certain styles of female apparel. The history of law-making is strewn with the wreckage of freak legislation of this character but the law-mills, heedless of the past, continue to spew forth new monstrosities and to revive old failures. That the human family cannot be legislated into a set mold of behavior and that the economic laws which underlie trade and intercourse cannot be enacted out of …
Judicial Precedent In Mexican Law
Judicial Precedent In Mexican Law
Michigan Law Review
It is well known that precedent in the modern legal systems based upon the Roman law does not play the important role that it performs in the United States and Great Britain. A decision in an Anglo-American supreme court not only determines the point at issue but establishes a rule under which decisions may be made in the future. A decision in a Latin-American, or in a Continental supreme court has only the value of a judgment on the particular point in question. The body of decisions rendered upon the same point of law is not considered in the countries …
The Doctrine Of Price V. Neal, Ralph W. Aigler
The Doctrine Of Price V. Neal, Ralph W. Aigler
Michigan Law Review
In 1715 the case of Jenys v. Fawler, et al. came before Lord Raymond at the Guildhall. It was an action by the indorsee of a bill of exchange against the acceptor who offered to prove by witnesses who were acquainted with the drawer's signature and who believed that the signature of the drawer appearing on the bill in suit was not genuine, that the bill really was a forgery. The Chief Justice refused to admit the testimony "from the danger to negotiable notes, and because a man might with design write contrary to his usual method." This indicates that …
Gratuitous Partial Assignment Of General Legacy
Gratuitous Partial Assignment Of General Legacy
Michigan Law Review
A recent decision of the United States Circuit Court of Appeals is notable for its dogmatic pronouncements upon two highly important questions, neither of which is very clearly illuminated by the authorities. Moreover, the case commands interest because of the large amount of money at stake, the wealth and prominence of the litigants, and the exhaustive briefs submitted by eminent counsel.
Crimes-Improper Conduct Of Prosecuting Attorneys
Crimes-Improper Conduct Of Prosecuting Attorneys
Michigan Law Review
In a recent New York case, People v. Klvana (N'. Y. 1926) 150 N. E. 523, Hiscock, C. J. in commenting on the evidence was induced to remark, "We are aided in this analysis by the perfectly fair attitude of the district attorney who with a commendable conception of his duties presents this case to us neither attempting to exaggerate its strong points nor trying to obscure its weaknesses." That sort of remark is refreshing. It gives renewed faith in the honesty of the administration of our criminal laws and shows that the fundamental theory that it is as much …
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Michigan Law Review
Plaintiff entered into a contract to sell his grocery business to the defendant for a specified amount, part payment to be by way of the conveyance of a house and lot owned by the defendant, the title to pass upon payment by the plaintiff of certain outstanding debts of the grocery business. Subsequent to the execution of the contract, but before conveyance of the house and lot and while the defendant was still in possession, the house was destroyed by fire and the plaintiff sues to have $2,500 substituted, that amount being the agreed valuation at which the property was …
Restraints On Alienation-Restrictive Covenants-Racial Discrimination
Restraints On Alienation-Restrictive Covenants-Racial Discrimination
Michigan Law Review
Three cases decided in 1925 in three widely separated parts of the United States, namely, California, Michigan, and the District of Columbia, raise the question: How far may one give legal effect to his racial prejudices through the medium of covenants and conditions inserted in wills and inter vivos conveyances? An attempt was made in each of these cases to restrict the use or sale of the property involved to white persons or to deny it to colored persons. Two of the cases upheld the restriction; one declared it invalid.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Michigan Law Review
There are in the reports a surprising number of cases in which it is alleged that the owner of property has bound himself by contract to devise or bequeath that property to another. These promises have been made upon almost every imaginable consideration, but in the typical case the consideration is personal services rendered to the promiser during his declining years. Since these promises are so common, one concludes that this kind of contract must appeal to many persons as advantageous. There is little doubt that it of ten does enable one to secure attention of a sort he could …
Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals
Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals
Michigan Law Review
In the recent case of Lloyd-McAlpine Logging Co. v. Whitefish (Wis. 1926) 206 N. W. 914, the plaintiff brought action to vacate the award of the Industrial Commission in favor of the children of the deceased workman, who was killed in the course of his employment with the plaintiff company. Under the Wisconsin statute (Stat. 1925, sec. 102.11 (3) (c)) in awarding compensation to the children, a showing that they were living with the deceased and that there is no surviving dependent parent, is required. The Commission, on the testimony of a witness whose expressions were mere conclusions, with no …
Appeal Of Death And Its Abolition, William Renwick Riddell
Appeal Of Death And Its Abolition, William Renwick Riddell
Michigan Law Review
The Appeal of Death-or, as it is sometimes called, the Appeal of Murder, because it was generally invoked in cases of murder although cases of manslaughter were also within its scope-was an interesting survival of ancient law which continued its existence in England until a little more than a century ago, and which, when it fell, brought down a mass of crumbling and antiquated rubbish, which served no good purpose and might-sometimes did-do harm.