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Articles 11971 - 12000 of 12806
Full-Text Articles in Entire DC Network
Law Of Oil And Gas, Iv, James A. Veasey
Law Of Oil And Gas, Iv, James A. Veasey
Michigan Law Review
This clause follows the grant, and is one of the most distinctive features of the modern oil and gas lease. Occasionally the duration of the lease is fixed by the granting clause; some times by a miscellaneous provision appearing therein. But generally speaking, the habenduin defines the term of the present-day oil and gas lease. At any rate a discussion of the legal effect of the habendum clause which now characterizes these instruments will involve the treatment of every important question which arises under this heading. At the outset we should observe that the clause is the direct result of …
Indirect Revocation And Termination By Death Of Offers, James Lewis Parks
Indirect Revocation And Termination By Death Of Offers, James Lewis Parks
Michigan Law Review
In a learned and useful article, entitled "The Duration and Termination of an Offer,"1 by Professor Oliphant, which appeared in the January, 192o number of MICHIGAN LAW RvmIW, the nature of an offer to make a simple contract was considered as well as the question of when such an offer can be regarded as either revoked, or terminated. It is pointed out that where the actual state of mind of the offerer is different from his apparent state of mind that "the former must be ignored, and whenever -they happen to be identical that it may be ignored without effecting …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Animals - Knowledge of Vicious Propensity - Owner not Liable for Dog Upsetting Ford - The defendant's dog had been in the habit of following and barking at automobiles, and this fact was known to the defendant. The plaintiff was riding with her husband in a Ford car, when suddenly the defendant's dog jumped in front of them. By running over the dog, the car was thrown against an embankment and the plaintiff was injured. Held, that the plaintiff was not entitled to recover, there being no evidence of a vicious propensity in the dog. Melicker v. Sedlacek (Iowa, i92o), …
Book Reviews, Edwin D. Dickinson
Book Reviews, Edwin D. Dickinson
Michigan Law Review
Part I of Mr. Ogilvie's book is entitled, "The Evolution of the Principle" and is intended to serve as an introduction to the subject of internatitonal rights on inland navigable waterways. Systematic treatment of the subject is reserved for a later volume. Assuming that free navigation on inland waterways is the natural sequence of freedom on the seas, the author sketches briefly the growth of maritime enterprise, the early development of maritime law, the history of maritime discovery, and the triumph after long controversy of the freedom of the seas- One short chapter is devoted to freedom of navigation on …
Constitutional Law In 1919-1920, Thomas Reed Powell
Constitutional Law In 1919-1920, Thomas Reed Powell
Michigan Law Review
This review aims to include all the decisions on constitutional questions rendered by the Supreme'Court of the United States during the October Term of court which began in October, i919, and ended in June, i92o.1 The treatment for the most part contents itself with exposition. The footnotes give references to articles and editorial notes in recognized law journals commenting on the cases here reviewed and on the more important constitutional decisions of other courts.2 The classification of the cases and the arrangement of topics are not satisfactory, but no alternative seems distinctly superior. A classification on the basis of the …
Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek
Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek
Michigan Law Review
A recent writer has inveighed, not without some declamation, against the use of rhetoric in the field of law-making.1 But rhetoric finds a place, and often an unprofitable one, not only in legislation, but even in technical legal analysis. Metonymy (change of name) has often been pointed out. When we say that X is the owner of blackacre, what we mean is that X has certain legal advantages concerning blackacre; in other words, that X is the holder or dominus of claims (rights) and powers concerning certain land. Synecdoche (saying more or less than i' meant) is very commonly found; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption - Right to Inherit from Foster Parents Not Lost by Readoption by Natural Father - In an adopted child's action against the natural children of foster parents and their assigns for the partition of real estate, where it appeared that the child had been re-adopted by the natural father, and where it appeared that she had stood by while the natural children sold the property to the co-defendants, it was held that the right to inherit from the foster parents was not lost by the readoption by the natural father and that she was nct estopped to assert her …
Interest On Claims In Receivership Proceedings, Ralph E. Clark
Interest On Claims In Receivership Proceedings, Ralph E. Clark
Michigan Law Review
Outside the cases of receivership, the Supreme Court of the United States has said: "We reach the conclusion that whatever may have been the English and early American rule, the tendency in Virginia as elsewhere in this country, is to allow interest on contracts to pay money from the date that the debt becomes due."'
Constitution Of The Empire Of Japan, George A. Malcolm
Constitution Of The Empire Of Japan, George A. Malcolm
Michigan Law Review
In the history of the Japanese people, five dates stand out above all others. They are 66o B. 'C., when, according to legendary account, the Empire of Japan was founded .by the Emperor Jinmu; 1853, when Commodore Perry, with an American squadron, anchored offside what is now Yokohama and caused the opening of Japan to foreign intercourse; 1867-1868, when there was a restoration'of the monarchy, marking the beginning of the Meiji Era of Constitutionalism; and 1889, when the Constitution of Japan was promulgated.
Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler
Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler
Michigan Law Review
James H. Brewster - Thousands of alumni and former students of the Law School will learn with deep regret of the sudden death of Professor Brewster in Denver, Colorado, on October 7, 1920.
Equitable Defenses Under Modern Codes, E W. Hinton
Equitable Defenses Under Modern Codes, E W. Hinton
Michigan Law Review
An equitable defense to a legal right of action involves a contradiction in terms. Either the equity is no defense at all, or it has become a legal defense.
Salient Points In The German Constitution Of 1919, Simeon E. Baldwin
Salient Points In The German Constitution Of 1919, Simeon E. Baldwin
Michigan Law Review
The German Constitution of i919 is the production of the right wing of those belonging to the party known as the Social Democrats, and until the fall of the empire commonly called the International Socialist ,Party.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bills and Notes - "Fictitious Payee" - Payee a Person Not Intended to Have Any Interest - A member of a firm, authorized to sign the firm's name, made checks payable to an existing association, which he did not intend should ever gain possession of or have any interest in such checks, merely for the purpose of obtaining money for himself, which he did by unlawfully indorsing the association's name to the checks. The plaintiff firm now seek to recover the amount of the checks, charged to their account by the defendant bank, and the defense is that the payee …
Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson
Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson
Michigan Law Review
Equity, an Analysis of Modern Equity Problems Designed Primarily for Students. George L. Clark, SJ.D., Professor of Law, University of Missouri. E. W. Stephens Publishing Co., Columbia, Mo., igig. Pp. lii, 639.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front matter for Volume 18, Issue 8 of Michigan Law Review.
Law Of Oil And Gas, James E. Veasey
Law Of Oil And Gas, James E. Veasey
Michigan Law Review
The lessor hereby grants to the lessee, his heirs and assigns, the exclusive right to mine and produce from the following described land petroleum and natural gas, with possession of so much of such land as may be necessary for such purpose.
Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page
Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page
Michigan Law Review
In common with other systems of law, Anglo-American law has grown in part by the use of analogies; and in part, by receptions from other systems of law.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front matter for Volume 18, Issue 7 of Michigan Law Review.
Book Reviews, Hessel Edward Yntema, Edwin C. Goddard
Book Reviews, Hessel Edward Yntema, Edwin C. Goddard
Michigan Law Review
To Joseph Story goes the credit of having introduced to American and to English law that field which he, following Ulric Huber, denominated the conflict of laws. It should not, however, be forgotten that behind Story lay at least six centuries of continental criticism upon which he drew for his materials. And it should be of peculiar interest to those trained in the Common Law to have pointed out the extent to which this most controversial of subjects was from the outset influenced by the practice of the courts. In the present monograph, originally written in celebration of the seventy …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Color of Title - Deed Color of Title Although Known not to Convey Title - In a suit for trespass the land which the plaintiff claimed to own was in part occupied by plaintiff's church building and the adjoining lot was used by the members of the church for hitching iheir horses and for picnics, etc. Both tracts had been so used by the plaintiff for twenty-five years or more. The land was conveyed by A to plaintiff, by deed recorded, describing the land purported to be conveyed. The defendant claimed that the deed did not operate …
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
The questions heretofore considered are general in their scope, and were treated for the purpose of providing a background for the more intensive study upon which we must now enter. While commentators refer to this branch of jurisprudence as the "Law of Oil and Gas," it is more exact to say that .we are dealing with the law pertaining to oil and gas leases. This is true because the oil and gas lease characterizes and distinguishes the subject throughout. For reasons which inhere in the very nature of the business a lease yielding the lessor a royalty on the quantity …
Power Of Congress To Declare Peace, Edward S. Corwin
Power Of Congress To Declare Peace, Edward S. Corwin
Michigan Law Review
In the course of the discussion which has been aroused in Congress by the proposal to declare hostilities with Germany at an end by joint resolution, Senator Thomas of Colorado has brought forward evidence showing that on one occasion the Convention which framed the Constitution voted down unanimously a motion to vest Congress with the power to "make peace." This evidence is good so far as it goes, but it does not support all of Senator Thomas's deductions from it, nor indeed has he given an altogether complete account of it. The proposal in question was made and rejected by …
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Michigan Law Review
The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front matter for Volume 18, Issue 6 of Michigan Law Review.
When Are Deeds Testamentary, Henry W. Ballantine
When Are Deeds Testamentary, Henry W. Ballantine
Michigan Law Review
It is no objection to a deed that it is used as a substitute for a will, to avoid the expense and delay of probate proceedings. The frequent litigation arising over such deeds, however, shows that this expedient is a* dangerous one unless the grantor uses great care to avoid certain snares and pitfalls which the law in its wisdom provides for the unwary. The grantor may attempt to accomplish his purpose either by express provisions embodied in the deed itself, or by external, collateral conditions, preserved by the delivery of the deed to a deposifory. This paper will consider …
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
No thoughtful observer will presume to gainsay the all-important part which the oil business plays and will continue to play in the industrial, commercial and social life of the civilized world. Long before the great war this fact was deeply impressive, and was generally recognized. At the end of that conflict it was said with much truth that the Allies had floated to victory upon a sea of oil. Now, standing as we are at the threshold of a new era rich in industrial and commercial promise, no man can foresee nor even approximate the mighty expansion which will characterize …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Accretion - Title to New Land - Encroachment of Watercourse Upon Lands Beyond - D's lands were bounded on the east by a river and on the west by the land of P. By erosion the river slowly shifted until all of D's tract was washed away as well as part of P's holding. The river then slowly receded and the land of P was built up as was also new land east of the former boundary of P and D. P brings an action to quiet title for the land newly formed. Held, title to the land in dispute …
Book Reviews, John B. Waite, Ralph W. Aigler
Book Reviews, John B. Waite, Ralph W. Aigler
Michigan Law Review
The Negotiable Instruments Law Annotated by Joseph Doddridge Brannon, Professor of Law Emeritus, in Harvard University. Third Edition. The W. H. Anderson Company, Cincinnati, 1920, pp. lxvi, 662. That this is the third edition of this compilation, indicates a favorable reception by law book buyers. In this case the demand should not be confinned to lawyers, for the book would be of particular value to bankers and others of the lay world who have to deal with commercial paper. And for such readers, who seek practical information as to the characteristics and qualities of particular instruments as affected by the …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front matter for Volume 18, Issue 4 of Michigan Law Review.
Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard
Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard
Michigan Law Review
Deeds Delivered Conditionally to the Grantee - Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's …