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University of Michigan Law School

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Recent Important Decisions, Michigan Law Review Jan 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …


Note And Comment, Michigan Law Review Jan 1905

Note And Comment, Michigan Law Review

Michigan Law Review

A New Instance of the Power of Congress to Destroy by Taxation; Pleading Contributory Negligence Under the Code; Presumptions as to Delivery of Deeds; Jurisdiction of Equity to Restrain Threatened to Wrong; The Power of Courts to Allow Amendments Under the Common Law and Code Procedure; Situs of Debts; The Time Limit for Presentations of Railroad Tickets


Note And Comment, Michigan Law Review May 1904

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;


Note And Comment, Michigan Law Review Apr 1904

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


Note And Comment, Michigan Law Review Mar 1904

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;


Note And Comment, Michigan Law Review Jan 1904

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;


Recent Important Decisions, Michigan Law Review Nov 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Who May Take--Competency Affected by Interest; Acknowledgement of Mortgage before Stockholder in Mortgage Corporation--Stockholder as Witness; Agency--Distinguished from Trust; Agency or Service--Telegraph Companies--Knowledge of Operator; Carrier--Refusal of Passenger to Pay Extra Fare--Assault by Conductor on Passenger While Enforcing the Company's Rules; Constitutional Law--Free Speech--Distribution of Circulars; Constitutional Law--Master and Servant--Weekly Payment of Wages; Constitutional Law--Municipal Corporations--Minimum Wage Law; Corporations--Partnership with an Individual; Corporations--Ultra Vires--Replevin Undertaking; Deed--Consideration--Bona Fide Purchaser; Eminent Domain--Appropriation of Railroad Property--compensation; Fraudulent Conveyances--Fraud on Creditors--Withholding Mortgage from Record; Fraudulent Conveyances--Loan by Wife to Husband; Garnishment--Rolling Stock--Rights of Garnishee; Guardian and Ward--Testamentary Guardian; Insurance--Pleading--Waiver--Failure of Notice and Proof--General and …


Recent Important Decisions, Michigan Law Review Jun 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Authority to Appoint Sub-Agents; Agency--right to Compensation; Bankruptcy--Discharge; Bankruptcy--Discharge; Banks and Banking--Crediting Depositor--Check of Another Depositor; Conflict of Laws--Legitimation of a Bastard--Status Fixed by Domicile of his Parents; Conflict of Laws--Lex Loci Fori--Right of Action in England for Acts in Foreign Country--Territorial Waters; Constitutional Law--Summary Sale of Trespassing Animals; Contract--Public Policy--General Restraint of Trade; Contract--Validity--Release of Employer for Liability to next of Kin for Injury to Employee; Elections--Right of a Party Committee to Question Eligibility of a Candidate; Fraudulent Conveyances--Contingent Fees; Insurance--Condition for Immediate Notice--Excuse; Married Women--Power to Enter into Partnership with Husband--Set off of Debt Due by Partner in …


Recent Important Decisions, Michigan Law Review May 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Action by Undisclosed Principal; Agency--Authority to Sell Land--Notice of Revocation by Record; Agency--Good Faith--Commissions; Bankruptcy--Intent of Insolvent; Carriers--Damages for Loss of Market--Carriage of Goods Destined for Enegies--Seizure of Ships; Constitutional Law--Cigarettes--Original Package; Constitutional Law--Municipal Corporations--Validity of Ordinance Requiring Union Label; Constitutional Law--Vested Rights--Alimony; Contract--Rescission as Affecting Rights of a Stranger to the Consideration; Contract--Public Policy--Agreement to ASsist Attorney to Secure Clients; Courts--contempt--Publication of Evidence in Newspapers; Criminal law--burglary--Sufficient Breaking; Criminal Law--Embezzlement; Damages--Exemplary--Parol License--Revocable--Trespass; Damages--Reversing Judgment for Defendant in Order to Give Plaintiff Nominal Damages; Deeds--Grantees--Constructions; Deeds--Reservation--Construction--Extent of Property; Deeds--Reservation--effectin Equity--Implied Trust; Fraudulent Conveyance--Who are Creditors--claimant in Tort Action; Highways--Street Car …


Recent Important Decisions, Michigan Law Review Apr 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Nature of Relation--Distinguished from Lease; Bankruptcy--discharge--Judgment Recovered for Alienation of Affections; Banks and Banking--Savings Banks--Pass Books--Payment to Wrong Party--By-Law; Carriers--Passenger Ejected at Wrong Place--Sickness Caused by Act of Carrier; Conflict of Laws--foreign Trustees--Right to Sue; Constitutional Law--Insterstate Commerce--Tax on a Delivering Agent; contracts--Labor Union--Inducing Employer to Break Contracts; Contracts--Validity of Insurance--Property of Alien Enemy--Public Policy; Corporation--Service of Process on Agent; Descent and Distribution--To Illegitimates on the Part of their Mother; Evidence--Defective Sidewalk--Jury--Magnifying Glass; Executors and Administrators--Enforcement of Claims--Limitations; Fraudulent Conveyances--Creditor's Right to Subject Wife's Property to Payment for Improvements Made Thereon by Husband; Fraudulent Conveyances--Personal Liability of Wife for Property …


Recent Important Decisions, Michigan Law Review Mar 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …


Note And Comment, Michigan Law Review Mar 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Elections--vote of Idiot or Insane Person--Ascertaining How He Voted; "Meander Lines"--When They Should be Taken as boundaries, Rather Than the Water Line; Larcenty--Animals Ferae Nature--fish in Net; Constitutional Law--Compelling One to be a Witness Against Himself by compelling Him to Exhibit His Person for the Purpose of Procuring Evidence Against Him; Attachment Judgments--Allias Executions--Abandonment;


Recent Important Decisions, Michigan Law Review Mar 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …


Note And Comment, Michigan Law Review Mar 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Elections--vote of Idiot or Insane Person--Ascertaining How He Voted; "Meander Lines"--When They Should be Taken as boundaries, Rather Than the Water Line; Larcenty--Animals Ferae Nature--fish in Net; Constitutional Law--Compelling One to be a Witness Against Himself by compelling Him to Exhibit His Person for the Purpose of Procuring Evidence Against Him; Attachment Judgments--Allias Executions--Abandonment;


Municipal Crisis In Ohio, John Archibald Fairlie Feb 1903

Municipal Crisis In Ohio, John Archibald Fairlie

Michigan Law Review

On June 26th, 1902, the supreme court of Ohio rendered three decisions which precipitated a crisis in municipal affairs in that state. For, by these decisions, the court virtually overruled a long line of precedents, and laid down a principle under which scarcely a city in the state possessed a constitutional government. In consequence, the legislature was summoned in extraordinary session to enact a new municipal code for all the cities and villages in the state. The situation was unparalleled, even in American history; and the task before the general assembly was doubtless the most important single act ofmlnicip,- 1,egislati_u …


Note And Comment, Michigan Law Review Feb 1903

Note And Comment, Michigan Law Review

Michigan Law Review

Anti-Trust Act--discrimination in Favor of certain Classes--Exemption of Labor Organization; Preferences Arising from Trust Relations; Constitutional Law--Liberty of Contract--Due Process of Law--Equality of Rights; Constitution Law--Equality of Protection;


Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers Feb 1903

Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers

Michigan Law Review

Turning now to the Posilive side of the question, the cases show that the "privileges and immunities of citizens of a state" do include:- 1. The rizght of free ingress and egress. Dicta to this effect are found in almost every case in which the equal privileges clause" of the constitution is discussed, beginning with Corfield v. Coryell,I and coming down to and including Blake v. McClung,' the last great case upon the clause in question.3 The only case directly in point seems to be Smith v. Moody., Smith was a negro, born free within the state of Ohio, and …


Recent Important Decisions, Michigan Law Review Feb 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--deduction of Debts--Statute of Limitations; Agency--Authority to Indorse Negotiable Paper; Agency--Notice--Adverse Interest; Carriers--United States Mail--Liability of Railroad Company for Negligent Loss of Registered Letter; Corporation--Capital Stock--Contracts to Repurchase; Criminal law--Contempt of Court--Concerted Action to Influence Trial; Damages--Sale of Realty--Breach of Vendor's Contract; Equity--Mistake of Law--Recovery of Money Paid for Improvements on Another's Land; Landlort and Tenant--Insolvent Corporation--Accruing Rent; Limitation of Actions--Mortgages; malicious Prosecution--Abuse of Process--Sending Claim to Anothe rState for Collection to Avoid Local Exemptions; Malicious Prosecution--Cevil Cases; Malicious Prosecution--Probable Cause; Marriage--Common Law--present Consent; master and Servant--Assumption of Risk--Neglect of Statutory; Master and Servant--Assumption of Risk--Neglectof Statutory Duty; Municipal Corporations--Local …


Privileges And Immunities Of Citizens In The Several States, W. J. Meyers Jan 1903

Privileges And Immunities Of Citizens In The Several States, W. J. Meyers

Michigan Law Review

The Federal Constitution, Art. IV., § 2, cl. 1, declares that "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." Of this clause Alexander Hamilton wrote: "It may be esteemed the basis of the Union"; and more than seventy years after it had gone into effect, Judge Denio said of it, in deciding the great case of Lemmon v. People, "No provision has tended so strongly to constitute the citizens of the United States one people as this." It is the purpose of this inquiry to ascertain what are the …


Recent Important Decisions, Michigan Law Review Jan 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Principal for Money coming into his Possession as Proceeds of Wrongful Sale of His Property by his Agent to Plaintiff; Appeal--Effect upon Power of Lower Court ot Modify Judgement Appealed From; Attorney and Client--Attorney's Lien--Priority; Carriers--tort--Ejection of Passengers--Exemplary Damages; Constitutional Law--Judgment--Full Faith and Credit--Statute of Limitations; Constitutional Law--classification of Cities--Special Acts Conferring Corporate Powers; Corporation--Sinsolvent--Preferring Creditors; Damages--Evidence of Pecuniary Condition; Damages--Exemplary Damages for Gross negligence or Where Actual Loss Purely Nominal; damages--General and Special--Pleading; Deed--Acknowledgment; elections--Ballots--Rights of Nominee to have his Name Appear More than Once Upon the Ballot; Equitable Interests--Assignability; Evidence--X-Ray Pictures; Fraud--Misrepresentation by Cashire of Bank; …


Recent Important Decisions, Michigan Law Review Dec 1902

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Liability of Pincipal for Unknown Deceit of Agent; Action--Splitting Causes of--Injury to Person and Property; Attorney and Client--Jurisdiction of Equity over; Banks and Banking--Cashier--Notice; Carriers--Limiting Liability--Effect of Limitation in Case of Delivery After Notice to Stop in Transit; Carriers--Tort--Ejection of Passenger for Failure to Produce Ticket; Confict of Laws--Bona Vacatia--Rigth of Succession--"Mobilia Sequuntur Personam"; Conflict of Laws--Italian marriage--Deceased Husband's Brother; Conflict of Law--Equal Protection--Refusing Barbar's License to an Alien; Constitutional Law--Equal Protection--Requiring Examination of Graduate of Medical School of other States; Constitutional Law--Insurance Companies---Equal Protection of the Laws; Constitutional Law--Vested Right of Defense--Deprivation of Property Rights; Contract--Performance--Legal Holiday; Contract--Public Policy--Sale …


Recent Important Decisions, Michigan Law Review Nov 1902

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Color of Title-Deed Void for Indefinite Description; Agency--Broker--Damages for Terminating Authority Without Giving Reasonable Time to Sell; Agency--Liability of Agent to Principal for Acts of Sub-Agent; Agency--Ratification; Attachment--Ground For--Removal of Debt--Situs; Bankruptcy--validity of Bankruptcy Act of 1898; Conflict of Laws--Conveyance--Covenants; Constitutional Law--Fourteenth Amendment--Blacklisting Statute; Constitutional Law--Retroactive Legislation--Curative Act; Constitutional Law--Statute Prohibiting Discharge of Members of Labor Unions; Contract--Performance to the Satisfaction of the Promisee; Damages Sale--duty to Minimize Loss; Mandamus--Jurisdiction to Issue Write Against the Governor; Mandamus Against Officer--Abatement by Change of Officer; Master and Servant--Act Within the Scope of the Employment; Master and Servant--Contract to Employ--Duty of Master …


Note And Comment, Floyd R. Mechem Nov 1902

Note And Comment, Floyd R. Mechem

Michigan Law Review

The Law School; Trade-Mark -- Invented Word -- Words Expressing Character or Quality; State Quarantine Laws as Affecting Inter-State or Foreign Commerce; Druggist - Liability for Negligence; Constitutional Law -- Inter-State Commerce -- Charging More for Shorter Than for Longer Haul; Malicious Prosecution of Purely Civil Action Without Arrest of Person or Seizure of Property; is it Fraud for a Plaintiff to Conceal Defenses to his own Action?; Wills--Withnesses Signing Before Testator, Effect; Impeachment of Witness--Privileged Communication; Evidence--Dying Declaration; Partnership by Estoppel in Tort Cases; Color Distinctions--Separations of Passengers upon Street Cars; Mortgage of Furture Offspring of Animals owned by …


Note & Comment, Michigan Law Review Jun 1902

Note & Comment, Michigan Law Review

Michigan Law Review

Announcement; Note and Comment: The Right of a De Jure Officer to Recover Salary or Fees Paid to a De Facto Officer; Exemplary Damages Where Acutal Damages Merely Nominal; Seduction--Fiction of Service; Negligence--Druggist Selling Proprietary Medicine Without Knowing Contents; Physician--Duty to Respond to Call; Wills--Contract to Make--Fraud in Obtaining Charity--Relief in Equity; Sale--Bank Cashing Draft Drawn Against consignment of Goods as Purchaser--Liability Upon Express or Implied Warranty of Title or Quality; Voters--Right to Vote for Candidate whose Name is not on the Official Ballot; Constitutional Law--Fourteenth Amendment--Due Process--Equal Protection; Statute of Limitations--Failure to Leave Subjacent Support in Mining--When Statute begins …


Recent Decisions Jan 1902

Recent Decisions

Michigan Law Review

Agency--Ratification--Knowledge Necessary; Agency--Undisclosed Principal--Defence Against Agent; Bailments--Action by Bailee against Third Person; Bankruptcy--Homestead Exemption--State Law not Enforced; Bankruptcy--Homestead Exemption; Bills and Notes--Cashier's Check--Indorsed for Illegal Consideration; Carriers--Street Railway--Track Used by Another Company; Chattel Mortgage--Sufficiency of Description; Conflict of Laws--Statute of Frauds--Statute Affecting Remedy--Representations as to Another's Credit; Constitutional Law--14th Amendment--Class Legislation--License Law; Evidence--Physical Examination of Plaintiff in Personal Injury Suit; Insurance--Construction of Terms of Indemnity Policy; Insurance--Agreement to Issue New Policy--Effect of Failure to Surender Old Policy and Make Demand Within Time Stipulated; Landlord and Tenant--Covenant for Re-Entry--Re-Entry by Ejectment Only--Summary Proceedings; Landlord and Tenant--Covenant Not to Assign--Runs with the …