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Articles 1 - 25 of 25
Full-Text Articles in Law
Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus
Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus
Michigan Law Review
Effect at the Situs Rei of a Decree Ordering Conveyance of Foreign Land - In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it w9uld a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union. the "full faith …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks and Banking - Negotiable Instruments - Indorsement of Forged Check - Plaintiff, nowing that the one who signed the drawer's name was not the drawer herself, but not knowing further of signer's lack of authority, presented a check drawn on defendant bank in which bank the supposed drawer had an account but not sufficient to cover the check. The check was payable to plaintiff and indorsed by him and was placed to his credit in the bank. After discovering the forgery defendant charged tle check to plaintiff's account. Plaintiff objected to such charge. Held, that the defendant might repudiate …
Judicial System Of Michigan Under Governor And Judges, W L. Jenks
Judicial System Of Michigan Under Governor And Judges, W L. Jenks
Michigan Law Review
When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Boundaries - Property Conveyed - Half of "Lot" Street - Plaintiff and defendants own, respectively, the easterly and westerly halves of "lot 17" of a certain tract of land. Defendants' deed described the land conveyed to them as the "westerly one-half of lot 17" of said tract, according to a recorded map, which indicated that the western boundary of lot 17 is the center line of an avenue 6o feet wide. Plaintiff sues to quiet title to a strip of land i5 feet wide adjacent to the center line of said lot. Held, that the 3o-foot strip covered by the …
Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane
Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane
Michigan Law Review
The Law School- The year 1919-1920 opens with 336 sudents enrolled. These are classified as follows: Third year--85; second year--W; first year -149; special-s. As compared with 65 enrolled a year ago the present attendance is gratifying. Preliminary applscations point to a large number of entering students in February.
Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum
Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum
Michigan Law Review
Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Arrest - Right of Officer to Kill when Serving Warrant for Misdimeanor- Defendant-had a warrant for the arrest of one White, charging him with being drunk and disorderly. When the defendant served the warrant, White advanced upon him with an open knife. Although the defendant had a chance to escape through an open door, he shot and wounded White. In the prosecution of defendant for shooting and wounding White, it was held that the defendant was justified in shooting him. State v. Dunning (N. C., igig), 98 S. E. 530
Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner
Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner
Michigan Law Review
Admiralty Rule of "Care and Cure" A Limit of Liability - One of the very ancient doctrines of the general maritime law is that a sailor injured in the service of the ship is entitled to care and cure at the expense of the ship, and to his wages, but nothing more in the nature of damages for negligence of the master or others of the ship's company. In the sixth article of the Rooles d'Oleron, for example, it is said,---"But if by the master's orders and commands any of the ship's company be in the service of the ship, …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Cemetaries - Civil Liabilities - Torts - Plaintiff sued defendant corporation for malicious prosecution by its sexton and secretary. Defendant was organized for cemetery purposes, not for profit, and without capital stock. The state general code provided that such an association might acquire and hold not exceeding one hundred acres of land, and also take any gift or devise, or the income thereof, in trust, "all of which shall be exempt from execution." Held, one justice dissenfing, under the maxim "expressio uniu, exclusio alterfus" the statute expressly excluded other property from execution. Hence defendant, though a charitable organization, was liable …
Unfair Competition, Edward S. Rogers
Unfair Competition, Edward S. Rogers
Michigan Law Review
In the recent case of Internationd Newes Seraice v. The Associated Press (U. S. Sup. Ct. Dec. 23, i918), suit was brought by the Associated Press to restrain the defendant from its systematic appropriation of complainant's news, first, by bribing employes; second, by inducing' Associated Press members to violate its by-laws and permit defendant to obtain news from publication; and third, by copying news from bulletin boards and from early editions of complainant's members' newspaper and selling this, bodily or after re-writing it, to defendant's customers. The question as to the right of complainant to relief against the third of …
Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake
Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake
Michigan Law Review
Repeals by Implication - Prohibition in Michigan - At the November election of. 1916 the people of the state of Michigan ratified the following amendment to the constitution of that state: "The manufacture, sale, giving away, bartering or furnishing of any vinous, malt, brewed, fermented, spiritous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific or sacramental purposes shall be after April thirty, nineteen hundred eighteen, prohibited in the State forever. The Legislature shall by law provide regulations for the sale of such liquors for medicinal, mechanica, cheinical, scientific and sacramental purposes."
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency - Respondeat Superior as to Liability of a Lodge for Negligence of a Subordinate Lodge - The Birmingham Lodge used what was called a "branding board" for initiating new members. A current of electricity was turned on for the purpose of creating on the blindfolded candidate an impression that he was being branded. This was so effective that it killed- one candidate. Nothing daunted by this the lodge tried it on another candidate, fifteen minutes later, possibly to see if it was still working. It was, and the administrator of the estate of the second deceased candidate now sues …
Family Courts, Willis B. Perkins
Family Courts, Willis B. Perkins
Michigan Law Review
A great deal has been said, but very little has been authoritatively written upon the subject of Domestic Relations Courts in this country. So far as I know, no such court has yet been successfully established embodying the jurisdiction and powers the advocates of such a court claim it should possess. I am not unaware, however, that courts under the name ef Domestic Relations Courts have been established, notably in New York City and Cincinnati, and that certain Municipal Courts, notably in Chicago, have been given jurisdiction in certain family matters, but none of these courts, as at present organized, …
Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee
Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee
Michigan Law Review
New Trials for Technical Errors - A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Following the decision of the United States Supreme Court that the Wilson Act did not affect interstate shipments of liquor until final delivery by the carrier, Rhodes v. Iowa, 170 U. S. 412, (898), Congress passed the Webb-Kenyon Act, 37 Stat. at L. 699 (1913). Meantime, in 1913, 35 Stat. at L. 1136, Sec. 239, it was enacted that it should be a penal offense for any carier or other agent, in connection with the interstate carriage of intoxicating liquors, to collect the purchase price from the consignee, or in any manner act as agent of buyer or seller, except …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Railroad Right of Way - Defendant, by deed, acquired. title to a right of way, fifty feet wide and fenced within four feet of the line. Plaintiff owned the adjoining tract and more than ten years befori this action was brought, planted fruit trees up to the fence. Held, the Statute of Limitations did not run against defendant as to the four foot strip. Beyer.. Chicago, R. I. & P. R. Co., (Ia. 918), A69 N.W. 651.
Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland
Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland
Articles
Courts are charged with the duty of declaring the law. They are also required to decide cases. Either one of those functions might be performed with comparative ease if it were divorced from the other, but when the court is simultaneously obliged to do both, the difficulties are very apparent. To decide a case and at the same time to declare the law means that the court is required to generalize every legal proposition upon which it acts in making its decision. But judges are not omniscient. Who can so fully understand the logical implications and the latent possibilities of …
Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee
Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee
Michigan Law Review
Sales - Liability for the Presence of Mice and Other Uncommon Things in Food - A group of recent decisions presents a somewhat farcical conformity with Montesquiet'. thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bailments - Carriers - Conversion - Trover by Bailee (A Common Carrier) Against a Third Person - On the facts as stated by the court of last resort it is often difficult to discover why any action should ever have been thought of, and impossible to see how the judgment of the trial court should have been in favor of the preposterous claim of the plaintiff. Such seems to be the case of Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co. (Ala. I918), 79 So. 387. Plaintiff carrier by mistake delivered cotton seed to defendant company. …
Juvenile Courts And Privileged Communications, Evans Holbrook
Juvenile Courts And Privileged Communications, Evans Holbrook
Articles
In the case of Lindsey v. People, (Colo., 1919) 181 Pac. 531, the Supreme Court of Colorado has held that Judge Lindsey of the Juvenile Court of Denver could not refuse to testify as to a communication made to him by a child who was at the time of the communication suspected of crime and against whom proceedings were later taken in the Juvenile Court. The decision was by a vote of four to three, and a vigorous dissenting opinion was written by Justice Bailey and concurred in by Justices Scott and Allen.
Pre-Legal Education, John B. Waite
Pre-Legal Education, John B. Waite
Articles
It was once thought that a lawyer's vocation was chiefly to serve his clients, so that he might bring fame and fortune to himself. The profession of law was considered only a means of livelihood, merely more difficult than clerking and more remunerative, sometimes, than carpentry. To require study for the law was thought an unfair preclusion of embryo breadwinners from an adventure with that particular occupation. Fortunately, the public mind has changed; the practice of law is no longer only a means of livelihood, but has become an important agency in promoting civilization. Some one has likened law to …
Verdicts, General And Special, Edson R. Sunderland
Verdicts, General And Special, Edson R. Sunderland
Articles
The most remarkable thing about this case of Georgia v. Brailsford is that a matter of such elementary importance in the daily administration of the law, after being announced in so dramatic a way by the Supreme Court of the United States at the very threshold of its career, could have dropped into oblivion for a hundred years only to be repudiated in a way hardly less dramatic by a sharply divided court. The controversy here disclosed goes to the very heart of the jury system as it has been developed by the common law and is still almost universally …
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Articles
Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …
New Trials For Technical Errors, Edson R. Sunderland
New Trials For Technical Errors, Edson R. Sunderland
Articles
A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55. No one but an American lawyer could treat the above statement seriously. Only an American court could announce so extraordinary a decision. In no other English speaking country would the people tolerate …
Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite
Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite
Articles
An unusually obvious piece of judicial legislation, of practical importance to the manufacturing world, was promulgated in the case of Macbeth-Evans Glass Co. v. General Electric Co., 246 Fed. 695. The facts were that in 1903 Macbeth had invented a process for making glass. Since that time the plaintiff company, of which Macbeth was president, had been using that process. This use had, however, been "secret". In 1910 an employee of the plaintiff revealed the process to the Jefferson Glass Co., which at once began to use it, but on application of the Macbeth Co. the state court enjoined the …