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Articles 12451 - 12480 of 12806
Full-Text Articles in Entire DC Network
Unwary Purchaser, Edward S. Rogers
Unwary Purchaser, Edward S. Rogers
Michigan Law Review
Anyone who has occasion to examine the cases involving trade mark infringement and other forms of unfair trading by the imitation of names, labels, packages and the like, must at once be struck by their irreconcilable conflict. While, of course, the facts in no two cases are alike, this diversity cannot account for the variance in result. The rule of law to be applied is not seriously disputed. The Lord Ordinary's definition of infringement, in Smith v. Carron, 13 R. P. C. 109, III, can hardly be improved upon: "A trade mark is infringed when goods are sent into the …
The Harter Act And Its Limitations, I. L. Evans
The Harter Act And Its Limitations, I. L. Evans
Michigan Law Review
Prior to 1893 vessel owners attempted to limit their liability by inserting restriction clauses in bins of lading. These stipulations were recognized and upheld by the English courts, but not to so great an extent by the American courts. This attempted limitation of liability by shipowners led up to the passage of the so-called "Harter Act," February 13, 1893.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Michigan Law Review Vol 8 (1910-1911)
The Reasons For Some Legal Fictions, Sidney T. Miller
The Reasons For Some Legal Fictions, Sidney T. Miller
Michigan Law Review
In this age of fact, fancy is at a discount. Consequently legal fictions, which required the play of some fancy in their beginning, have fallen not only into disuse but also into disfavor. Many of them, however, have done good work in the past, and some are doing it now. Therefore it may not prove uninstructive to consider some in a discursive way. A legal fiction is probably best defined as "a legal assumption that something is true which is, or may be, false-being an assumption of an innocent and beneficial character, made to advance the interests of justice."1 From …
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Michigan Law Review
State Regulations Affecting Interstate Commerce; Rules of Procedure and Substantive Law Governing the United States Court for China; What Is Interstate Commerce?; Waiver of Conditions in Insurance Policy by Knowledge of Agent Where Policy Attempts to Provide the Only Way in Which Waiver Shall Take Place; The Right of a Trustee in Bankruptcy to Sue for Injuries to the Bankrupt's Property;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …
Book Reviews, Joseph H. Drake, Horace Lafayette Wilgus, Henry M. Bates, Victor H. Lane
Book Reviews, Joseph H. Drake, Horace Lafayette Wilgus, Henry M. Bates, Victor H. Lane
Michigan Law Review
Loewy (trans): the Civil Code of the German Empire. As enacted on August 18, 1896, with the Introductory Statute enacted on the same date.; Parker (ed.): The Corporation Manual and Cyclopedia of Corporation Forms and Precedents; Wilcox: A Description of the Terms and Conditions upon which Private Corporations enjoy Special Privileges in the Streets of American Cities; Watkins: Shippers and Carriers of Interstate Freight; Wigmore: A Pocket Code of the Rules of Evidence in Trials at Law;
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Michigan Law Review
When Mr. Justice Nelson, in the New Jersey Steam Navigation Company v. Merchants' Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Lien--Settlement Pending Judgment; Bankruptcy--discharge--Liability Absolutely Owing; Bankruptcy--Partnership--Individual Estate of a Partner; Banks and Banking--Checks on Trust Funds--Deposit to Personal Account of Trustee--Liability of Bank; Banks and Banking--Deposit Slip Headed by Mistake in Another's Name--Bankbook Does not Control; Constitutional Law--freedom To Contract--Master and Servant--Regulating Hours of Service; Constitutional Law--Interstate Commerce--solicitation of Orders for Sale of Intoxicating Liquors; Criminal Law--Offenses by Drivers of Automobiles; Damages--Extent of Liability on Replevin Bond; Damages--What may be Considered in Mitigation in Action for Libel; Deeds--Delivery--Grantee's Name Blank; Equity--Injunction to Restrain Cutting of Timber--Policy of State; Federal Procedure--Removal of Causes--Fraudulent Joinder; Gaming--"Bookmaking"--Oral Bets; Garnishment--Set-off of …
Note And Comment, Ralph W. Aigler, Thomas L. O'Leary, Harry W. Isenberg, Samuel R. Williams, Karl B. Goddard
Note And Comment, Ralph W. Aigler, Thomas L. O'Leary, Harry W. Isenberg, Samuel R. Williams, Karl B. Goddard
Michigan Law Review
Interstate Commerce and State Control of Foreign Corporations; Quantum of Evidence Necessary to Sustain a Plea of Justification, to a Civil Action of Libel or slander, for charging the Plaintiff with a Crime; Statutes Requiring the Appointment of Public Officers from Certain Political Parties; Proximate Cause; Police Regulation of the Business of Plumbing
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
Michigan Law Review
When the difficulties of the subject are fairly weighed it is not surprising that the problem of the basis by which the reasonableness of railroad rates may be tested continues to await a definite solution by the courts. The Interstate Commerce Commission has confessed its inability at present to decide upon those larger aspects of the question which arise when general schedules are under consideration. In its Annual Report for 1903, the Commission made appeal to Congress that provision be made, whether independently of the Commission or by an enlargement of its powers, for an authoritative valuation of railway property. …
The Right To Engage In Interstate And Foreign Commerce As An Individual Or As A Corporation, Fred'k H. Cooke
The Right To Engage In Interstate And Foreign Commerce As An Individual Or As A Corporation, Fred'k H. Cooke
Michigan Law Review
There are two circumstances that seem to me to tend to obscure a discussion of the right to engage in interstate or foreign commerce. One is the existence of the constitutional provision conferring on Congress power to regulate such commerce; the other, the circumstance that such commerce is commonly carried on rather by corporations than by individuals. For the present, let us ignore these two circumstances, and assume the commerce clause to be non-existent; also, that all interstate and foreign commerce is carried on by individuals exclusively, and not at all by corporations. In short, let us transport ourselves pro …
Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon
Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon
Michigan Law Review
The Right of Joint Adventurers, Holding All the Stock of a corporation, to a Dissolution and Accounting in Equity; Liability of Water Companies for Losses by Fire in Actions of Tort; Judgments as contracts and the Effect of Motive in Creating a Tort; Intervening Agency as an Element in Determining Proximate Cause; Application of Michigan Statute for the Benefit of Laborers and Materialmen on Public Works and the Right of Third Parties to Sue; Marketable Title;
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Surety's Rights to Subrogation--Preferred Claim; Bills and Notes--Negotiability--Effect of Words "Not Transferable" Added to Negotiable Note; Bills and Notes--Transfer of Note by Indorsement--What Law Governs the Indorser's Contract; Boundaries--Private Way--Title to Fee--Presumption; Civil Rights--Equal Privileges--Place of Amusement--Advertising Material; Constitutional Law--Inequality--classification--Child Labor; Constitutional Law--Limitations on the Taxing Power--Convict-Made Goods--Equal Protection of Laws; Contracts--Real Estate Brokers--Oral Authorization for Sale of Land--Commissions; Criminal Law--Post Office--Fraudulent Use of Mails; Damages--Measure of, in Case of Wrongful Death; Damages--Mitigation of, in Action for Personal Injuries--Duty to Submit to Medical Operation; Deed of Standing Timber--Time of Removal; Divorce--Extent of Relief--Absolute Divorce; Divorce--Vacation of Decree--Perjured Testimony; Evidence--Offer to …
Book Reviews, Horace Lafayette Wilgus, Horace Lafayette Wilfus, Ralph W. Aigler
Book Reviews, Horace Lafayette Wilgus, Horace Lafayette Wilfus, Ralph W. Aigler
Michigan Law Review
Dill: The Statute and Case Law of the State of New Jersey, Relating to Business Companies, Under an Act Concerning Corporations (Revision of 1896) and the various acts amendatory thereof and supplemental thereto, with annotations and forms.; Machen, Jr.: A Treatise on the Modern Law of Corporations, with reference to Formation and Operation under General Laws; Wellman: Day in Court;
The Late Ashley Pond, Michigan Law Review
The Late Ashley Pond, Michigan Law Review
Michigan Law Review
On January 12th last, Ashley Pond died at his home in Detroit in his eighty-third year. By his death the University has lost one of its oldest and most distinguished alumni. Mr. Pond was graduated from the Literary Department in 1854. After studying law for a little over two years, he was admitted to the Detroit Bar. At that Bar he continued to practice for about half a century, and when he died was its senior member. Mr. Pond's career is an example to every lawyer and an encouragement to every young man of humble origin and narrow means. When …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Appeal and Error--Meaning of "Person Aggrieved"; Bankruptcy--dower Rights of Bankrupt's Wife; Bankruptcy--Mechanic's Lien--Set Off; Bills and Notes--Usury--when note is Void as to Both Principal and Interest; Boundaries--Meander Line--Riparian Rights; Citizenship--Marriage of Alien Woman to a Citizen--Naturalization; Constitutional law--Constitutionality of Office of Supreme Judge--Construction of State Constitution; Constitutional Law--Full Faith and Credit--Chancery Power to Affect Foreign Property; Constitutional Law--Police Power--License and Registration of Automobiles; Contracts--Restraint of Trade--Limitation as to Time; Damages--Breach of Warranty of Title--Attorney's Fees and Costs; Deeds--Support and Maintenance as Consideration--Condition Subsequent; Evidence--Crimes Affecting Credibility of Witnesses; Evidence--Letters Between Husband and Wife--Not Privileged in Hands of Third Parties; Husband …
Book Reviews, Horus Lafayette Wilgus, Edson R. Sunderland, John R. Rood
Book Reviews, Horus Lafayette Wilgus, Edson R. Sunderland, John R. Rood
Michigan Law Review
Hamilton: The Modern law of General Business Corporations in Michigan. Including commentaries and annotated acts with forms, the Consolidated Corporation Law, the Partnership Association, Limited, Law, the Foreign Corporation Law.; Archer: Law Office and Court Procedure; Minor: the Law of Real Property (Based on Minor's Institutes); Baldwin: The Law of Taxation in Michigan; Lile, Redfield, Wambaugh, Sunderland, Mason, and Cooley: Brief Making and the Use of Law Books, (2nd ed.);
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes
Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes
Michigan Law Review
The Work of the Commissioners on Uniform State Laws; Some Difficulties of Code Pleading; Applicability of Ordinances to the Distribution of Liquors by Social Clubs; Capias in Execution Without Prior Order or Arrest; The Degree of Care Required in the Operation of a Scenic Railway; Who Can Complain of Ultra Vires Acquisition of Real Estate by a Corporation?; The Heinrich Brunner Memorial;
An Experiment In Equalization, And Its Result, William Carpenter
An Experiment In Equalization, And Its Result, William Carpenter
Michigan Law Review
The legislature of the State of Michigan at its latest session, attempted to provide a remedy for the injustice often occasioned by the boards of supervisors in equalizing the assessment rolls of the several townships, wards and cities of their respective counties. For that purpose it passed Act No.292 of the laws of 19O9 amending secs. 34 and 37 of the general tax law. The act provides that any supervisor of any township or city who considers his township or city aggrieved by the action of the board of which he is a member, in equalizing the valuation of the …
Recent Important Decisions, Michigal Law Review
Recent Important Decisions, Michigal Law Review
Michigan Law Review
Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …
Topical Index To Recent Legal Literature, Michigal Law Review
Topical Index To Recent Legal Literature, Michigal Law Review
Michigan Law Review
No abstract provided.
Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright
Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright
Michigan Law Review
James Barr Ames; Necessity and Effect of a Theory; Subrogation to a Lien for Assessments or Taxes--Construction of the Negotiable Instruments Law; We are the Rights of the Vender of Good Will?; Attachments on Unliquidated Demands; Will a Marriage, Bigamous in Inception, Become Valid After the Death of the Undivorced Spouse?
Book Reviews, Ralph W. Aigler, Joseph H. Drake
Book Reviews, Ralph W. Aigler, Joseph H. Drake
Michigan Law Review
Bordwell: The Law of War Between Belligerents: A History and Commentary; Underhill: A Treatise On the Law of Landlord and Tenant; Korkunov: General Theory of Law;
Some Leading Principles Of Chinese Law, Gustavus Ohlinger
Some Leading Principles Of Chinese Law, Gustavus Ohlinger
Michigan Law Review
It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers' guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the …
Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster
Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster
Michigan Law Review
The Right of Privacy at Common Law; Limitation of a Carrier's Liability for Negligence; Validity of Corporate By-Law Vesting in Directors the Discretionary Power of Denying Stockholders the Right to Examine the Corporate Books; A Single Action of Successive Actions for a Nuisance; Status of One Holding Office Under an Unconstitutional Statute; Two Recent Decisions Preventing the Presbyterian Re-Union
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …