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Note And Comment, Michigan Law Review

Michigan Law Review

Lawyers and Jurists at the Exposition; Convention of the Commercial Law League of America; The Philippine Island Cases in the Supreme Court of the United States; The Writ of Habeas Corpus in Chinese Exclusion Cases; What is a "Crime" Within the Meaning of the Constitution?; Due Process of Law; Winding up Proceedings; Literary Criticism and the Law of Libel; The New Japanese Civil Code;

Doctrine Of Waiver, Colin P. Campbell

Michigan Law Review

There is probably no doctrine of our law so much neglected in scientific discussion, and in legal text-books, as this principle which forms the theme of our essay. The reason for this is difficult to assign, for in point of importance this doctrine takes first rank; and while its boundaries are somewhat confused with the lines of demarcation between the law of contracts and the doctrine of equitable estoppel, it is in reality based upon a body of well established principles. Although much confusion among the cases in which this doctrine has been applied must be conceded, this disorder may …

Surrender, Herbert Thorndike Tiffany

Michigan Law Review

A "Surrender" is defined by Lord Coke as a yielding up of an estate for life or years to him that hath an immediate estate in reversion or remainder, wherein the estate for life or years may drown by mutual agreement between them. This statement has been followed, more or less closely, by such other writers as have undertaken to define the term, and there has never been any question made as to its substantial correctness. A surrender, then, is a particular mode or form of transfer, which derives its distinguishing characteristics from the fact that it is made by …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Appointment of, on Disappearance of Person; Agency--collection of Notes--Possession of the Instrument--Apparent Authority; Appeal--Right to Appeal After Satisfaction of Judgment; Attorney and Client--divorce Cases--contingent Fees--Prevention of Reconciliation; Attorneys--disbarment--Attacking Honesty of Judge; Bankruptcy--city Taxes--Priority; Carriers--Death by Wrongful Act--Stipulations Avoiding Liability for Negligence Toward free Passenger--Validity and Effect; Carriers--signed Ticket not the Contract; Constitutional Law--Class Legislation--Use of Flag for Advertising Purposes; Constitutional Law--Jurisdiction of Equity to Try Title to Office--Injunction; Contract--Validity--Conditions Attached to Goods--Purchase by Retail Trader from Wholesale Trader with Notice; corporations--forfeiture of Charter--Mandamus; Corporations--Garnishment of Stockholder for Unpaid Subscription; Criminal Law--Self-Defense; Deeds--Delivery--Testamentary Disposition; Ejectment--Description--Verdict--Judgment; Ejectment--Equitable Title in Plaintiff; Evidence--Admissions--Abandoned Pleadings; …

English History And The Study Of English Law, Arthur Lyon Cross

Michigan Law Review

Ranke, the Nestor of modern historical research, was wont to say that he only wanted to know how things had happened. Lamprecht, however, more truly indicated the aim and purpose of the investigation of the past when he said that be wanted to know how things had become. Another distinction between the schools which these two men represent is, that one is primarily interested in political affairs, while the other would include within the historical field all phases of social activity. A survey of the course of scholarship during the century just closed, leads to the conclusion that this latter …

Note And Comment, Michigan Law Review

Michigan Law Review

The Law Review; Citizenship and Identity of Corporations Incorporated in Two States; Duty of Court to Limit by Instruction the Effect of Evidence; Land Records as Notice of Chattel Mortgage; Appeal from a Satisfied Judgment to Avoid Estoppel; When Government Surveys are not Conclusive; Jurisdiction over the Ohio River;

One Phase Of Federal Power Under The Commerce Clause Of The Constitution, John C. Donnelly

Michigan Law Review

No clause of the Federal Constitution, making a grant of power, has, by judicial interpretation, been declared so broad and comprehensive in its scope as that clause which empowers Congress "to regulate commerce with foreign nations and among the several states and with the Indian tribes." In one of the very first cases in which the Supreme Court was called upon to consider the scope of this provision, it was quite properly held that under it, navigation was one of the important subjects which came within the federal power. Under it navigation was not only an important subject considered by …

Recent Legal Literature, Edson R. Sunderland, Robert E. Bunker, John R. Rood, John R. Rood

Michigan Law Review

Abbott: Brief upon the Pleadings in Civil Actions, at Law in Equity, and under the New Procedure; McMaster: McMaster's Irregular and Regular Commercial Paper; American State Reports, vols. 93 and 94.

Note And Comment, Michigan Law Review

Michigan Law Review

A National Incorporation Law; The Northern Securities Case; Controversies Between States; Liability of Members of Congress for Bribery; Exempting of Lawyers from Service of Civil Process While Attending Court; Law Governing the Validity of a Note Executed and Delivered in One State, But Payable in Another

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment--Who may Take--Stockholder; Action for Death of a Child-- Contributory Negligence; Adverse Possession--Computation of Time--Litigation in Land Office; Bankruptcy--Homestead--Jurisdiction of bankruptcy Court; Chattel Mortgages--Unidentified Number Among a Greater Number of Like Articles--Validity; Constitutional Law--Possession of Game fish in Closed Season; Constitutional Law--Special Act--Sunday Law; Contracts--Impossibility of Performance--Implied Condition; Contracts--Violation of Penal Statute--Transaction Void; corporations--Dissolution--Rights of Minority Stockholders; Corporations--Insolvency--Preferences to Officers; Equity--Jurisdiction--Partition--Oil Leases; Judgments--Absence of Jurisdiction--Injunction--Restraining Execution; Master and Servant--False Imprisonment--Duty of Merchant to Customers; Master and Servant--Fellow Servants--Assumed risks--Injuries to Servant While off Duty; Minor's enlistment in the Navy--Validity--Desertion--Arrest--habeas Corpus; Real Property--Rule in Shelley's Case--Wills; Specific Performance--Parol Contract--Part Performance; Suretyship--county …

Recent Legal Literature, Jerome C. Knowlton, Dwight B. Cheever

Michigan Law Review

Hammon: The General Principles of the Law of Contract; Walker: Text-Book of the Patent Laws of the United States of America

French Jury System, Simeon E. Baldwin

Michigan Law Review

France has never adopted the principle of jury trials in civil cases. For criminal trials, it was introduced during the Revolution in 1790, and by a law of the next year any qualified elector: could be chosen as a juror. It has never, however, been extended beyond the decision of the issue between the accused and the public. If (as is permitted) when the offense for which the prosecution is brought has caused pecuniary injury to some private individual, he joins himself to the cause, as a party (partie civile), and claims judgment in his favor for the damages which …

Is The British Empire Constitutionally A Nation, Stephen B. Stanton

Michigan Law Review

The United Kingdom of course is a nation; its colonies respectively or collectively are not. How stands it with the Empire as a whole? The British "Interpretation Act" of 1889 has come to the rescue of the perplexed reader of such topics by defining certain much abused terms. "Colony," it defines as any part of His Majesty's Dominions exclusive of the British Islands and British India; "British Possession," as any part of His Majesty's Dominions exclusive of the United Kingdom; and "British Islands" as the United Kingdom together with the Channel Islands and Isle of Man. And "United Kingdom" of …

Note And Comment, Michigan Law Review

Michigan Law Review

Is Commerce Between a State and a Territory Interstate Comerce?; Right of Court to Instruct upon the Failure of Defendant to Testify in a Criminal Action; The Last of the Kentucky Bank Cases, and the Relations Between the State and Federal Courts; The Last of the Kentucky Bank Cases--Federal Tax Judgementss in STate Courts; Power of the Court to Order a Physical Examination in Personal Injury Cases; The Porto Rican is not an Allien; Mimicry as Infringement of Musical Composition;

Rights Of Joint Owners Of A Patent, Dwight B. Cheever

Michigan Law Review

0wing to the fact that the courts have decided the question Squite at variance from the expectations of ordinary persons, there is, perhaps, no legal proposition in patent law more interesting or important than that of the rights of joint owners of a patent. The relationship may arise from the parties being joint inventors, by their being joint assignees from the inventor or previous owner, or by the most common method, of one being an assignee from the patentee of a fractional interest in a patent; frequently in consideration of paying the expense of procuring the patent. By authority of …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Preferential Payment--Recovery by Trustee; Carriers--Passengers--Derailing of Train; Constitutionality of Statute--Guaranty of Freedom of Speech--Immigration--Exclusion of Anarchists; Constitutional Law--Civil Rights--Power of Congress-Conspiracy Against Negroes; Corporations--Execution of Corporate Conveyances; Damages--Assault and Battery--Inadequacy of Verdict; Damages--Recovery for Mental Anguish Caused by Suffering of Another; Deeds--Statutory Words--Implied Covenants; equity--Injunctions--Restraint of Trade--consideration and Clearness of Contract; Equity--Injunction--Restraint of Trade--Consideration and Clearness of Contract; Foreign Administrator--Collection of Assets--Rights of Domestic Administrator; Highway--License--Defective Bridge--Liability of Owner; Husband and Wife--Bills and Notes--Intermarriage of Parties; Husband and Wife--Separate Property of Wife--Mortgage--Validity; Insurance--Mutual benefit Societies--forfeiture of Membership in a Religious Order; Judgments--Judicial Errors--Correction at Subsequent Term; Justice Court Judgment--Execution--Transcript--Filing in …

Recent Legal Literature, Victor H. Lane, Bradley M. Thompson

Michigan Law Review

Dallas: Analytical Tables of the Law of Evidence, for use with Stephen's Digest of the Law of Evidence; Taylor: The American Law of Landlord and Tenant

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

Michigan Law Review

Clement: Fire Insurance as a Valid Contract; Gardner: Handbook of the Law of Wills; Van Dyne: Citizenship of the United States

Jurisdiction Over Foreign Ships In Territorial Waters, Charles Noble Gregory

Michigan Law Review

War, says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law …

Note And Comment, Michigan Law Review

Michigan Law Review

The American Political Science Association; The Bill of Rights and The Right to Labor; Right to Impeach the Consideration of a Judgment Rendered in Another State; the Function of the "Exhibit" in Copde Pleading; Lapse of Residuary Gifts; "Voluntary Confessions"; The Competency of the Conduct of Bloodhounds as Evidence in Criminal Cases; The "Reasonable Use" of Subterranean Waters

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--Right to Convey Inchoate Homestead; Agency--Scope of Authority--Sunday Contract; Assignment for the Benefit of Creditors--Action to set Aside; Bankruptcy--Discharge--Debt Created in Fiduciary Relation--Laundry Agent; Bills and Notes--Banks--Payment of Draft to Impost--Liability to Drawer; Chattel Mortgages-Validity--Mortgagor's Possession and Power of Sale in Ordinary Course of Business; Constitutional Law--Due Process at Law--Forfeiture of Lands for Failure to Pay Taxes; Constitutional Law--Local Option Law--Use of Liquors in Religious Worship--Discrimination; Contract for the Benefit of Third Persons--Enforcement by Beneficiary--Assignment; Corporations--Oral Subscription to Stock--Statute of Frauds; Corporations--Promissory Notes--Proof of Execution; Courts--Jurisdiction of State Court to Enjoin a Receiver Appointed by Federal Court; Damages--Automobiles--Frightening Horses--Excessive Speed; …

Front Matter

Michigan Law Review

Front Matter for the Michigan Law Review Vol 2 (1903-1904)

Negotiable Instruments Law Its History And Its Practical Operation, Amasa M. Eaton

Michigan Law Review

July 1 1878, several leading lawyers in different states, public spirited men, issued a call for a meeting, to form an American Bar Association. Pursuant to this call seventy-five prominent members of the bar and others, interested in the proposal met at Saratoga Springs, New York, August 21, 1878, and the American Bar Association came into being.

The first object of the Association, as stated in the call for this meeting, was "to assimilate the laws of the different states," and the first article of the Constitution as then adopted and as it still stands, is as follows:

"Its object …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Action to Quiet Title--Venue--change of Venue; Agency--Secret Commission--recovery of both Secret and Stipulated Commission; Attorney and Client--Attorney's Lien--Fund in Court; Bankruptcy--Discharge--New Promise; Bankruptcy--Exemptions--discharge; Bankruptcy--Judgment in Bastardy--Discharge; Banks and Banking--Trust funds--Misappropriation--Subrogation; Contracts--Agreement for Advertising in Street Cars--Breach While Executory--Measure of Damages; Contracts--Agreement to Build with Materials Furnished by Owner--Destruction by Vis Major; Conveyance of Pretended Title--Maintenance--Adverse Claimant--Real Party in Interest; Corporations--Fiduciary Relation Existing Between Directors and Stockholders; Corporations--Fiduciary Relation Existing Between Stockholders and Directors; Courts--Limited Jurisdiction--Effect of Counterclaim; Criminal Law--Burden of Proof--Reasonable Doubt--Insanity--Contradictory and Inconsistent Instructions; Criminal law--Evidence--competency of Wife--Manner of Showing Incompetency--Suppression of Evidence; Damages--Exemplary Damages Where Actual Damage Purely …

Recent Legal Literature, Robert E. Bunker, James H. Brewster, Harry B. Hutchins, James H. Brewster

Michigan Law Review

Kinkead: Commentaries on the Law of Torts; Massie: Report of the Fifteenth Annual Meeting of the Virginia State Bar Association; Wellman: The Art of Cross-Examination; Niblack: The Torrens System

Administrative Powers Of The President, John R. Fairlie

Michigan Law Review

Turning now to those particular branches of administration where the Constitution confers on the President special powers, we shall find that in these fields he has still more ample authority. Not only do the constitutional grants guard him from encroachment on the part of Congress, but they enable him at times to assume a large degree of legislative power.

Note And Comment, Michigan Law Review

Michigan Law Review

Sarah Caswell Angell; The Students of the Law Department; The Conference of Commissioners on Uniform State Laws; Royal Prerogative--Treasure Trove; The Erie Canal A navigable Water of the United States; Partnership Name--An Asset of the Partnership--Right of the Purchaser to it Use; Maliciously Inducing a Breach of Contract--Lumley v. Gye;

The Law Of Reason, Fredrick Sir Pollock

Michigan Law Review

If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …

Recent Legal Literature, John R. Rood, Bradley M. Thompson, Harlow P. Davock, Harry B. Hutchins

Michigan Law Review

, vols 90, 91, and 92; Veeder (ed.): Legal Masterpieces--speciments of Argumentation and Exposition by Eminent Lawyers; Eastman: The Bankruptcy Law Annotated, Being the National Bankruptcy Act of 1898, as amended; Wambaugh (ed.): Littleton's Tenures in English