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Articles 11131 - 11160 of 11185

Full-Text Articles in Law

Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley Jun 1912

Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley

Michigan Law Review

Civil Liability for False Testimony; Review by the Courts of the Decisions of the Land Department; Right of One Partner to Sue His Co-Partners in Conversion; Does a Tax Deed, Void on it Face, Give Color of Title; Interference With Employment by Trade Union;

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Recent Important Decisions, Michigan Law Review Jun 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Fiduciary Relation--Right of Principal to Agent's Acquisitions--Patents for Agent's Inventions; Bankruptcy--Insurance Policies as Assets; Carriers--Duty Toward Alighting Passenger; Commerce--Conflicting State and Federal Regulation; Constitutional law--Restrictive Labor Laws for Women; Contributory Negligence--Children; Conveyancing--Covenants--Construction of "Business" in Restrictive Covenant; corporations--Director's Meetings--Effect of Surprise, Trick, or Fraud in Securing a Quorum; Corporations--Eleemosynary--Liability of Educational Institution for Torts; Corporations--Fraudulent Organization--Corporation a Nullity; Criminal Law--Wife Abandonment--Proper Venue; Damages--Breach of Contract--Value of Unmatured Crops; Damages--Master and Servant--Wrongful Discharge of Servant; Dedication--requisites, Sufficiency and Acceptance; Deeds--Rule in Shelley's Case; Equity--Temporary Injunction--Function and Effect; Garnishment--Possession of Garnishee--Safety Deposit Box; Husband and Wife--Power of Wife to Dispose of Her …

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Recent Important Decisions, Michigan Law Review May 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Actos of Bankruptcy--Partnership Preferences; Bankruptcy--constitutional Protection Afforded by the Fourth and Fifth Amendments to the Constitution; Bankruptcy--Interest--When Payable After Date of Filing Petition and up to date of Payment; Banks and Banking--Payment of Check to Wrong Person--Estoppel; Bills and Notes--Construction of Instrument--Negotiable Notes; bills and Notes--Indorsers--Notice of Dishonor by Telephone--Sufficiency; constitutional Law--Due Process of Law--Criminal Insane; electricity--Interfering Currents; Equity--Injunction Against Unfair Competition; Fishery--In Gross or Appurtenant; Homestead--Abandonment--Removal From State; Insanity--Court Cannot Interfere if Defendant has Refused to Set it up as a Defense at the Trial; Insurance--Foreign Insurance Companies--Liability on Losses Occurring After Dissolution; Libel and Slander--Qualified Privilege--Priest and Congregation; …

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The Economic And Legal Basis Of Compulsory Industrial Insurance For Workmen I, James Harrington Boyd Mar 1912

The Economic And Legal Basis Of Compulsory Industrial Insurance For Workmen I, James Harrington Boyd

Michigan Law Review

It is proposed to present to the readers of the Michigan Law Review, the economic and legal basis for the substitution of a new remedy, namely, compulsory industrial insurance for workingmen, in lieu of the common and statutory liability law remedies, as a means for compensating workmen who are injured in the due course of their employment. In Part I, it will be shown not only that the common (and liability) law remedy in its present form does not furnish compensation of any kind in to exceed 12% of the cases of injuries to employees, and even in those cases …

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Workmen's Compensation In Michigan, Hal H. Smith Feb 1912

Workmen's Compensation In Michigan, Hal H. Smith

Michigan Law Review

The Michigan Commission appointed by Governor Osborn to report upon Employers' Liability and Workmen's Compensation, and to present a law that would embody its conclusions, has formulated its report and laid the same before the Governor. The report deals with the subject from an economic standpoint in so far as it was found possible to divorce it from the legal problems that are so important to a practical and constitutional solution. Though the Commission has in its report made no particular reference to its views upon the legal questions involved, it is evident, that it must have arrived at a …

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Recent Important Decisions, Michigan Law Review Nov 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Actual Possession--Occupation of Part; Banks and Banking--Payment of Deposits on Forged Checks--Liability--Affirmative Defense; Banks and Banking--Payment of Check--Forged Indorsements; Cancellation of Instrument for Want of Consideration--Stauts Quo; Charities--Charitable Gift--Validity; Commerce--Interstate Commerce--Continuous Shipment--Violation of Elkins Act; Constitutional Law--Power of Judicial Department--Infringement on Executive; Conversion--Return of Goods as Defense; Conveyancing--Grantee's Name Left Blank; Courts--State Courts--Jurisdiction over National Banks; Criminal Law--Harmless Error in Admission of Evidence; Equity--Subrogation of Mortgagor to Rights of Mortgagee; Evidence--Admissibility of Statements in Corroboration of Testimony of Discredited Witness; Evidence--Other Offenses as Evidence of Offense Charged; Fixtures--Between Vendor of Chattel and Mortgagee of Land; Husband and Wife--Action Against …

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The New York Employers' Liability Act, Andrew Alexander Bruce Jun 1911

The New York Employers' Liability Act, Andrew Alexander Bruce

Michigan Law Review

In the recent case of Ives v. South Buffalo Railway Company the New York Court of Appeals annulled upon constitutional grounds, the so-called Wainwright Workmen's Compensation Law which sought to impose upon employers in certain specified extra-hazardous occupations a limited liability in cases of injuries to their employees regardless of the fact as to whether the negligence of the latter might have contributed to the injury or whether the risk had been well understood and assumed. The act did not abolish or modify the common law liability of the employer in cases where contributory negligence or assumption of risk could …

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Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham Jun 1911

Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham

Michigan Law Review

The Passing of State Control over Railway Rates; Constitutionality of the New York Workmen's Compensation Act; Must a Passenger Go on the Same Train with His Baggage?; Implied Reservation of Easements; Extent of the City's Right, Under the Power of Eminent Domain, to Exemption from Liability for Consequential Damages Under the Rule of Damnum Absque Injuria;

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Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem Jan 1911

Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem

Michigan Law Review

Returning now to the general question of the master's liability for malicious acts in cases not affected by any such special considerations as those which have just been considered, it may be premised, as has been already stated, that the tendency of the modem cases is undeniably to attach less importance to the motive with which the act was done and to give more attention to the question whether or not it can be deemed to fall within the scope of the servant's employment.

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Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem Dec 1910

Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem

Michigan Law Review

In general-While it is well settled that the principal or master is responsible to third persons for the negligent act of his servant or agent, committed within the scope of his authority, it has been held in many cases that he is not liable for the agent's wilful or malicious act. In the language of Judge Cowen, which fairly states the doctrine of these cases, "the dividing line is the wilfulness of the act." It is perhaps not strange that a distinction in the master's responsibility for negligent acts and for wilful acts should constantly present itself. The very idea …

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Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray Dec 1910

Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray

Michigan Law Review

Release from Liability for Death by Wrongful Act; The Power of a City to Acquire or Build Subways; Constitutionality of Legislation Designating Time and Manner of Payment of Wages; Priority in Bankruptcy Between Wage Claims and Valid Liens;

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Note And Comment, Ralph W. Aigler, Arthur J. Abbott, John S. Prescott Nov 1910

Note And Comment, Ralph W. Aigler, Arthur J. Abbott, John S. Prescott

Michigan Law Review

The Law School; Validity of Legislation Limiting Hours of Labor For Women; Constitutionality of the New Jersey Statutes Providing for the Government of Certain Cities by Appointed Boards; Legal Consequences of Failure of a Foreign Corporation to Obtain Authority to Transact Business; Good Faith as Test of Common Law Marriage;

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Note And Comment, Ralph W. Aigler, Thomas L. O'Leary, Harry W. Isenberg, Samuel R. Williams, Karl B. Goddard May 1910

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

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Recent Important Decisions, Michigal Law Review Feb 1910

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 …

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Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler Jan 1910

Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler

Articles

Not infrequently the legislatures of various states have deemed it advisable to provide by law for the time and manner of payment of wages of men engaged in certain designated employments; and these laws have been the cause of considerable litigation. Their validity has been challenged mainly on the ground of deprivation of property without due process of law and denial of the equal protection of the law, the contention being that the refusal of the privilege of contracting for the manner and time of payment is a deprivation of liberty and property, and the classification of men in certain …

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Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler Jan 1910

Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler

Articles

Public opinion and the development of social and economic thought are well read in the decisions, of the courts. An excellent illustration: of this is found in the recent case of Ritchie & Co. et al. v. Wayman, 244. Ill. 509, 91 N. E. 695, decided April 21, 1910.

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Recent Important Decisions, Michigan Law Review Jan 1910

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 …

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Recent Important Decisions, Michigan Law Review Dec 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Actions--Moot Questions Not Decided; Automobiles--Dangerous Machines--Liability of Owners for Misuse; Bankruptcy--Debts Discharged--Fraud--Election of Remedies; Bankruptcy--Jurisdiction of Court--Property in Other Districts; Bills and Notes--fictitious or Non-Existing Indorsee--Knowledge of Indorser; Bills and Notes--Notice of Dishonor--Effect of Constructive Waiver; Carriers--Injuries to Passengers--Riding on Platform--Question for Jury; Chattel Mortgages--Bill of Sale and a Lease Constituting a Mortgage--Question of Law; Constitutional Law--employer's Liability Act--Right to Sue in State Court; constitutional Law--Police Power--Trade Marks--Reuse of Original Packages; Deeds--Date--Presumption as to Time of Delivery; Deeds--Effect of an Assignment Indorsed Thereon; Divorce--Allowance of Temporary Alimony; Elections--Use of voting Machines--Unconstitutional; Evidence--Judicial Notice that Voltaire's Works are not Immoral or …

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The Illinois Ten-Hour Labor Law For Women, Andrew Alexander Bruce Nov 1909

The Illinois Ten-Hour Labor Law For Women, Andrew Alexander Bruce

Michigan Law Review

There are few cases before the American courts today which are of more significance than that which has recently been brought in the Illinois courts by William E. Ritchie of Chicago and which seeks "to enjoin the prosecuting officers of the state from enforcing the provisions of the so-called Women's' Ten-Hour Labor Law. The case of course involves the somewhat mooted question as to whether the remedy in such cases, if remedy there be at all, is by injunction, or whether the slower and more unsatisfactory procedure of a writ of error is not technically demanded, but this question is …

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Economic Aspects Of The Law Of Master And Servant, In Its Relation To Industrial Accidents, Clarence A. Lightner Apr 1909

Economic Aspects Of The Law Of Master And Servant, In Its Relation To Industrial Accidents, Clarence A. Lightner

Michigan Law Review

We hear it said frequently that the relations between master and servant have completely altered during the past century and that, due to the introduction of machinery, workmen are much more frequently and more seriously injured than formerly. In fact, these statements have become trite. It takes an article, such as that written by Arthur B. Reeve, in the February, 1907, number of Charities and the Commons, entitled "The Death Roll of Industry," to bring to our minds what these statements actually mean; to impress us with the seriousness of present conditions. Although statistics upon the matter are not as …

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Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck Apr 1909

Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck

Michigan Law Review

The Tight of a Trade Union to Enforce a Boycott; Criminal Responsibility of Husband for Maliciously Slandering His Wife; The Bulk Sales Laws; The Police Power and Liberty of Contract; The Obligations Resulting from an Indorsement, In Blank, Before Delivery, of a Negotiable Instrument

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Recent Important Decisions, Michigan Law Review Jan 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners--Excavations--"Contiguous" Structures; Aliens--Naturalization--Persons of Japanese Race--"White Persons"; Bankruptcy--Suit by Trustee--Recovery of Property Transferred by Bankrupt; Carriers--Duty to Person Riding on Engine; Carriers--Through Contract--Liability of Connecting Carriers; Color of Title as Extending Possession of Adverse Claimant--Deed to Claimant's Vendor; Constitutional Law--Due Process of Law--White and Negro Pupils; Constitutional Law--Interstate Commerce--Power of Congress to Regulate; Constitutional Law--Secret Societies--Unauthorized Wearing of Badges; Conversion--Time of Conversion--Pledges--Assertion of Title; Corporations--Stockholder's Liability--Enforcement in Other States; Damages--For Interference with Employment--Mental Suffering an Element; Dedication--Acceptance--Ordinance Fixing Grade; Deed--Acknowledgement Taken by Officer and Stockholder of Corporation Grantor; Deeds--Building Restriction--"Front Property Line" of Corner Lot; Deeds--Restrictive Covenant--Electric Light Station …

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Recent Important Decisions, Michigan Law Review Nov 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …

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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, …

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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 …

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Labor Organizations In Legislation, Jerome C. Knowlton Jan 1908

Labor Organizations In Legislation, Jerome C. Knowlton

Articles

During the first months of the current year, the Supreme Court of the United States handed down three decisions on important questions in labor legislation.1 The Employers' Liability Act was declared unconstitutional, but on grounds that may be avoided by subsequent legislation; the boycott was decided to be an unlawful conspiracy against interstate commerce, and in violation of the Anti-Trust Act and the congressional enactment providing criminal punishment for the discharge of an employee because of his membership in a labor organization was also held unconstitutional. These decisions have been unjustly spoken of by some, as unreasonably severe on labor …

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Recent Important Decisions, Michigan Law Review Dec 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Evidence of Performance--right to Compensation--Acting for both Parties; Assignment for Benefit of Creditors--Marshaling Assets; Bonds--Bona Fide Purchasers--Mandamus--Redemption of Bonds; Carriers--may, as Lessors, Contract for Total Exemption from Liability for Negligence; Constitutional law--Jurisdiction of Federal Courts to Review Contempt Proceedings in State Court; Contracts--Accord and Satisfaction--Consideration; Criminal Law--Venue--Statutes--Validity; Damages--Conversion; Deeds--Construction--Intent of Parties; Deeds--Seal Essential; Dower--rights of Widow Pending Assignment--Possession of Lands; Eminent domain--Interurban Railways; Evidence--Presumption as to Foreign Law; Fee Simple Estate--Restraints on Alienation; Fraudulent Conveyances--Sales in Bulk--Validity as Between the Parties--Lien for Price; Husband and Wife--Separation Agreements--Validity; Insurance--Fire--Concurrent Insurance; Insurance--Mutual Benefit--Unreasonable Change of By-Laws; Judgment--Res Judicata; Master and Servant--Liability of …

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The Beveridge Child Labor Bill And The United States As Parens Patriae, Andrew Alexander Bruce Jun 1907

The Beveridge Child Labor Bill And The United States As Parens Patriae, Andrew Alexander Bruce

Michigan Law Review

Although strenuous opposition has been encountered in the courts whenever an attempt has been made by the legislatures to interfere with the contractual freedom of adults in matters pertaining to the contract of employment, the right of interference in the case of children has been always conceded. From an early time minors have been placed under contractual disability by the law and have been looked upon as wards of the State. Having denied to them a full measure of contractual freedom, the State can hardly deny an equivalent protection; in fact the rule of contractual disability is in a large …

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The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner Jun 1907

The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner

Michigan Law Review

To what extent does the relation of employer and employee, when engaged in interstate or foreign commerce, come within the regulating power of Congress? The power of Congress to legislate concerning employer and employee, where the service is rendered in interstate or foreign commerce, has been recently questioned in several important Federal decisions. The ground on which such legislation has been challenged is that it is an attempt by Congress to regulate what is not commerce, that "creating new liabilities growing out of the relations of master and servant on the one hand and regulating commerce on the other are …

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Note And Comment, Harry B. Hutchins, Edwin C. Goddard Jun 1907

Note And Comment, Harry B. Hutchins, Edwin C. Goddard

Michigan Law Review

The Liability of Charitable Corporations for the Torts of Their Servants; the Powers of General and Special Agents; Municipal Ordinances Licensing Trades and Occupations; "Sic Utere Tuo Ut Alienum Non Laedas"; Interference with the Formation of Contracts; The Right of Directors to Use Corporate Funds in Getting Proxies From the Stockholders; Sales Void for Uncertainty and Lack of Mutuality; The Negotiable Instruments Law as Affecting the Discharge of Accommodation Maker and Surety by Extension of Time of Payment

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