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Michigan Law Review

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Recent Important Decisions, Michigan Law Review Jun 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Persons Entitled to Take--Officer and Stock-Holder of Corporation; Agency--Brokers--contract of Employment--Middleman--When Commissions are Earned; Bankruptcy--Discharge--Vacation; Bankruptcy--Jurisdiction--Summary Proceeding; Bills and Notes--Liability of Infant on note Given for Necessaries--Misrepresentation of Age; Carriers--Passenger's Signature to Excursion Ticket; Constitutional Law--Eleventh Amendment--Jurisdiction of Federal Circuit Court--Penalty for Disobeying Rate Legislation; Constitutional Law--State Taxation--Property in Transit; Corporations--Franchise and License Distinguished; Damages--Liquidated Damages--Discounts; Death by Wrongful Act--Statute--Construction--Death Outside the State--Right to Sue; Deeds--Adverse Possession--Color of Title; Evidence--Admissions in Pleadings; Evidence--Best Evidence; Evidence--Works on History as Evidence; Extortion--Indictment--Sufficiency; Imprisonment for Debt--Solitary Confinement; Injunction--Scope of Order Restraining Strike; Insane Persons--Conveyances--Avoidance--Ejectment; Insurance--Rescission of Contract--Action for--Interest of Beneficiaries; Interstate Commerce--Regulation of, …


The Corporation In The Street, Charles C. Dibble Jun 1908

The Corporation In The Street, Charles C. Dibble

Michigan Law Review

The modern street is not a simple roadway, but a complicated three-story structure in the use of which the general public, the city government, the abutting property owner and the licensed corporation are interested. Not often are streets so limited in capacity as the one in Frankfort, Kentucky, which was so narrow that the passage of a railroad train would have all but filled it, a condition which led the court to enjoin the construction of a track, though duly authorized. Generally there is room for all, and the use of the streets has been granted with the greatest liberality. …


Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner Jun 1908

Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner

Michigan Law Review

The Liability of a Physician for the Acts of His Partner; Municipal Taxation by Appointive Boards or Commissioners; The Right of a Married Woman to Recover for Personal Injuries; What is Corporate Action?;


Recent Legal Literature, James H. Brewster, John R. Rood, James H. Brewster Jun 1908

Recent Legal Literature, James H. Brewster, John R. Rood, James H. Brewster

Michigan Law Review

Right Honourable Earl of halsbury: The Laws of England, Being a Complete Statement of the Whole Law of England; Dooling: Equitable Remedies of Creditors in Michigan; Train: True Stories of Crime from the District Attorney's Office;


Front Matter, University Of Michigan Law School Jun 1908

Front Matter, University Of Michigan Law School

Michigan Law Review

Front Matter for Michigan Law Review Vol 6 (1907-1908)


The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem May 1908

The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem

Michigan Law Review

Purpose of this article--The manager of the execution of instruments under seal, such as deeds, bonds and other solemn writings, is of so much importance and has been so frequently discussed, as to merit the more extended treatment, which it is the purpose of this article to devote to it. The word "deed" herein is used to describe all it instruments under seal, and not merely conveyances of land. It is to be observed that the question here is not how authority to execute sealed instruments is to be conferred, but how such an authority is to be executed.


Limited Partnership In America And England, Francis M. Burdick May 1908

Limited Partnership In America And England, Francis M. Burdick

Michigan Law Review

At last Great Britain has legalized Limited Partnership. More than a quarter of a century ago, Sir Frederick Pollock called attention to the fact that the United Kingdom was almost the only civilized country of the world which had not adopted this institution. The remark was made in an address devoted to an explanation of a bill, which he had drafted, to cover the entire subject of partnership. Long before this, the economical advantages of limited partnership had been set forth by John Stuart Mill and other writers; and repeated attempts had been made to secure a statute legalizing this …


The Michigan Constitutional Convention, John A. Fairlie May 1908

The Michigan Constitutional Convention, John A. Fairlie

Michigan Law Review

A year ago the writer of this article outlined in the Michigan Law Review "Some Suggested Changes in the Constitution of Michigan," in view of the Constitutional Convention that had been called to revise the Constitution in force. Since that time the members of the convention have been elected; and after four months of earnest work, the results of its labors have been presented to the people of Michigan in the proposed revised Constitution, which will be submitted for their approval or disapproval at the general election in November of the present year. It is proposed in this article to …


Recent Legal Literature, Harry B. Hutchins, Jerome C. Knowlton May 1908

Recent Legal Literature, Harry B. Hutchins, Jerome C. Knowlton

Michigan Law Review

Hamlin: the Act to Regulate commerce and Act Supplementary Thereto; Maupin: marketable Title to Real Estate; Wilcox: Fallacies of the Law; Joslyn: Personal Injury Cases in Illinois


Recent Important Decisions, Michigan Law Reviw May 1908

Recent Important Decisions, Michigan Law Reviw

Michigan Law Review

Adverse Possession--Property Subject to Highways; Agency--Brokers--Commissions--When Earned; Bankruptcy--Acts of Bankruptcy--Payment with Intent to Prefer a Creditor; Bankruptcy--Jurisdiction of Court--Suits Between Trustee and Claimants of Property--Suites Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joiner of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions …


Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt May 1908

Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt

Michigan Law Review

Suits Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--Corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional Law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joinder of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions Reviewable; Equity--Sworn Answers as Evidence--Proof to Overcome; Evidence--Opinion Evidence in Action for Libel; Evidence--The Best Evidence Rule; Fraudulent Conveyances--Delivery and Change of Possession of …


Recent Legal Literature, Henry M. Bates, Victor H. Lane Apr 1908

Recent Legal Literature, Henry M. Bates, Victor H. Lane

Michigan Law Review

Thayer: Legal Essays; Kennedy: Trial Evidence. A Synopsis of the Law of Evidence Generally Applicable to Trials.


The Proposed Court Of Patent Appeals, Otto Raymond Barnett Apr 1908

The Proposed Court Of Patent Appeals, Otto Raymond Barnett

Michigan Law Review

Experience has demonstrated that nowhere was the foresight and wisdom of the framers of the Federal Constitution more clearly shown than when they embodied in that instrument the provision that to encourage progress in science and the useful arts, Congress should have authority to secure to writers and inventors for limited times, exclusive rights to their productions. When the Federal Constitution was drafted, the manufacturing industries of this country were insignificant. Since then the industrial progress of the United States has been one of the marvels of the world's history and this progress and the supremacy of American manufacturers have …


The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood Apr 1908

The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood

Michigan Law Review

It is evident that no one hard and fast rule could be applied to all cases, either in city or country, "without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …


Note And Comment Apr 1908

Note And Comment

Michigan Law Review

The Case of Bigelow v. Calumet and Hecla Mining Company et al., Involving the Question of the Control by One Corporation of a Competing Corporation; The right of the Federal or a State government to Maintain an Action for the Recovery of Taxes; Liability of a Life Insurance Company When the Insured is Executed for the Commission of a Crime; Jurisdiction of a Court of Equity to Restrain the Commission of Criminal Acts; Municipal Contracts for Patented or Proprietary Paving


Recent Important Decisions, Michigan Law Review Apr 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Defect in Proceedings--Effect; Bankruptcy--Equitable Rights under Unrecorded Mortgage--Agreement to Insure--Equitable Lien on Insurance Money; Bankruptcy--Insolvent Firm--Individual Estate of Unadjudicated Solvent Partner Not Subject to Administration; Bills and Notes--Liability of Indorser of Non-Negotiable Note; Bills and Notes--Liability of Irregular Indorser; Carriers--Wrongful Treatment of Passengers--Damages for Mental Suffering; Constitutional Law--Imprisonment for Debt--Peonage; Constitutional Law--Interstate Commerce--Shipments Within a State; Corporations--Foreign Corporations--Effect of Withdrawal From State--Validity of Service; Courts--Jurisdiction--Action Under the Laws of Another State; Covenants--Running with the Land; Damages--Destruction of Growing Grass; Evidence--Admissibility of a Deed as an Ancient Document; Evident--Admissions in Pleading; Garnishment--Nonresident Defendant--Jurisdiction; Jury--Right to Trial by Twelve Jurors--Waiver of Jury; …


Legal Ethics, Charles A. Kent Apr 1908

Legal Ethics, Charles A. Kent

Michigan Law Review

Legal ethics is a branch of general ethics. Some consideration of the latter is necessary to an understanding of the former. It is a fundamental fact that men generally, if not all sane men, distinguish certain courses of conduct as right and wrong; just as they say particular objects are beautiful and others ugly. They feel a duty to do some things and to refrain from others. If savages do not feel distinctly the sense of duty, at least they are indignant at certain conduct in their associates, and approve of other acts, on moral grounds. This sense of duty …


The Government's Suit Against The Union Pacific Railroad Company, Edson R. Sunderland Mar 1908

The Government's Suit Against The Union Pacific Railroad Company, Edson R. Sunderland

Michigan Law Review

On February 1st, 1908, a bill was filed in the United States Circuit Court for the District of Utah by the government of the United States, against the Union Pacific, the Southern Pacific, the Northern Pacific, the Great Northern, the Atchison, Topeka & Santa Fe and the San Pedro, Los Angeles and Salt Lake railroad companies, and several individual defendants, under the Anti-Trust law. The principal defendant is the Union Pacific company, which is charged by the government with controlling or influencing the management of the other defendant corporations, in restraint of competition. The suit was brought at the direct …


Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey Mar 1908

Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey

Michigan Law Review

Power of Municipal Corporations to Grant Exclusive Privileges; Police Regulation of Sleeping Car Berths; The Liability of a Husband for Slander and Libel Committed by His Wife; Sufficiency of a Verdict Which Fails to Fix the Time of an Attempt to Commit Burglary, the Punishment Varying With the Time; Grantor's Remedy on Breach of Condition Subsequent;


Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion Mar 1908

Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion

Michigan Law Review

After having, in a summary manner, reviewed the historical connection existing between the Roman and Mohammedan laws, and examined the social condition of their respective people, we now come to our last theme, namely, the comparison of their laws proper, which will show their similarity in more than one point. This examination-which will be preceded by an explanation of jurisprudence in both systems and an attempt to show the likeness of their respective jurisconsults-will be limited to certain subjects of personal law and contracts, and concluded with a few observations on judicial organization.


Recent Important Decisions, Michigan Law Review Mar 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Assignment--Validity--Possession of Res.; Carriers--Assaults by Employees on Passengers; Constitutional Law--Judicial Powers--Legislative Action of City Council Not Enjoined; Constitutional Law--Privileges and Immunities; Constitutional Law--Taxation of Imports; Contracts--Accord and Satisfaction--Consideration; Corporations--Liability of Bondholders on "Bonus Stock"; Covenants--Creation by Acceptance of Deed Poll; Criminal Law--Habeas Corpus--Want of Jurisdiction; Damages--For Wrongful Cutting of Timber--Value of the Manufactured Lumber; Evidence--Admissions of a Tenant in Common; Evidence--Effect of Plaintiff's Refusal to Submit to Physical Examination; Equity--Laches; foreign Corporations--What Constitutes "doing Business" in the State--Restrictions on State in Case of Interstate Commerce; Injunction--Suspension of Operative Force Pending Appeal; Judgment--conclusiveness--Matters Concluded; Judgment--foreign Judgment--Enforcement; Landlord and Tenant--Trade Fixtures--Right of …


Recent Legal Literature, Robert E. Bunker Mar 1908

Recent Legal Literature, Robert E. Bunker

Michigan Law Review

Sohm: The Institutes--A Textbook of the History and System of Roman Private Law; Childs: Handbook of the Law of Suretyship and Guaranty


May Congress Levy Money Exactions, Designated "Taxes," Solely For The Purpose Of Destruction?, John Barker Waite Feb 1908

May Congress Levy Money Exactions, Designated "Taxes," Solely For The Purpose Of Destruction?, John Barker Waite

Michigan Law Review

The questions of taxation have furnished a cause of warfare, armed or wordy, since the meaning of government has been known. The possibility of our Constitution was due, superficially, to the imposition of a tax; its adoption, in great measure, to the absence of a tax, to the lack of a taxing power in the Confederation. Since the adoption of the Constitution with its grant of a taxing power, much of our legislative disagreement has centered on the interpretation of that grant. The case of McCray v. United States, opens up a comparatively untrammeled field of dispute. The basis of …


Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt Feb 1908

Note And Comment, Henry M. Bates, Harry B. Hutchins, Frank B. Fox, John C. Howell, Clyde A. Dewitt

Michigan Law Review

The Proposed Code of Legal Ethics for the American Bar Association; The Power of a court of Equity to Order the Exhumation of a Dead Body for Examination in Aid of the Defense of a Civil Action at Law; The Consolidation of Municipal Corporations and the Federal Constitution; The Scalper in Law and in Equity; The Basis of Equitable Jurisdiction in Cases of Fraud;


Recent Important Decisions, Michigan Law Review Feb 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Property Subject to--Goods Conditionally Sold; Bankruptcy--Receiver and Manager--Insufficient Estate--Priorities; Bankruptcy--Solicitor and Client--Account Stated Bankruptcy of Client--Trustee's Right to Go Behind Stated Account, and Require Details; Banks and Banking--Receivers in Proceedings for Dissolution--Sufficiency of Bill; Bills and Notes--Foreign Bill of Exchange--Failure to Protest; Constitutional law--Equal Protection of the Law--Regulation of Common Carrier; Contracts--Mutuality of Obligation; Corporations--Agreement to Take Shares of Stock; Damages--Mental Suffering--Wanton Wrong; Deeds--Date--Presumption as to Time of Delivery; Deeds--Description--Statement of Quantity Controlling; Elections--Certificates of Nomination--Time of Filing--Accident and Mistake Causing Delay; Evidence--Admissibility of Conversation by Telephone; Evidence--Proof of Value--An Exception to the Hearsay Rule; Husband and Wife--Estate by Entirety--application …


Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts Feb 1908

Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts

Michigan Law Review

We are told today that the Constitution of the United States forbids the adoption of the Initiative and the Referendum, as these involve such purely democratic principles as to be inconsistent with the republican form of government guaranteed by the fourth section of the fourth article of the Federal Constitution. The special interests that are opposed to the Initiative tell us that we must find some other cure for the evils at which it aims; that the Initiative is a purely democratic principle and, as such, it is forbidden by the fourth section of the fourth article of the Federal …


Recent Legal Literature, Victor H. Lane, Joseph H. Drake Feb 1908

Recent Legal Literature, Victor H. Lane, Joseph H. Drake

Michigan Law Review

Van Dyne: a Treatise on the Law of Naturalization of the United States; Various: Select Essays in Anglo-american Legal History;


The Work Of The Second Hague Conference, W. F. Dodd Feb 1908

The Work Of The Second Hague Conference, W. F. Dodd

Michigan Law Review

The second Hague Conference came to an end on October 18, 1907, after sitting for more than four months. In the popular mind the Conference has been dismissed as a failure. No sensational actions were taken, and the quiet and solid work of a group of international lawyers has had little attraction for the general public. It is, however, worth while to make a plain statement of what the Conference did and did not accomplish. The first Hague Conference in 1899 was essentially a peace conference. The question of partial disarmament was put at the head of the Russian program …


Recent Important Decisions, Michigan Law Review Jan 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …


Notice To, Or Knowledge Of, An Agent, Floyd R. Mechem Jan 1908

Notice To, Or Knowledge Of, An Agent, Floyd R. Mechem

Michigan Law Review

In general-the question frequently arises whether the principal may be affected not only by the agent's acts and contracts, but also by the knowledge which he may possess, or the notice which may come to him, respecting the subject matter of the agency, and which would have affected the principal had it come to him while he was acting in person. The question has arisen in a great variety of forms, but the answer has been substantially uniform, and is commonly found stated in the language of the following section. Many reasons have been assigned, but they are all predicated …