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Articles 16441 - 16470 of 16693

Full-Text Articles in Law

The Extent Of The Land To Which A Mechanics' Lien Attaches, Edson R. Sunderland Jan 1908

The Extent Of The Land To Which A Mechanics' Lien Attaches, Edson R. Sunderland

Articles

The statutes of the various states which define the scope and extent of mechanics' liens differ somewhat in respect to the quantity of land subject to such lien. Some arbitrarily limit it to a specified number of city lots or acres, but many statutes provide that the lien shall attach to the lot or land upon which the building or other improvement is situated, or to so much contiguous land as is necessary for the convenient use of the building. In most cases no difficulty arises in applying these provisions, but the terms are evidently loose and general, and it …


Journal Of The Senate Of The Commonwealth Of Kentucky, January 7, 1908 - March 17, 1908, Kentucky. General Assembly. Senate. Jan 1908

Journal Of The Senate Of The Commonwealth Of Kentucky, January 7, 1908 - March 17, 1908, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


One Way To Prevent Some Of The 'Law's Delays', James H. Brewster Jan 1908

One Way To Prevent Some Of The 'Law's Delays', James H. Brewster

Articles

In view of discussions concerning "The Law's Delays" which have been had before several Bar Association meetings lately, the case of In re McHugh, 116 N. W. 459, decided by the Supreme Court of Michigan, is of interest. In this case two attorneys had been summoned by the trial court to answer a charge of contempt in failing to appear in court on the day set for the trial of one accused of murder whose defense they had undertaken, their failure to appear being alleged to be "for the purpose of obstructing the course of justice." After a hearing they …


Are Too Many Executive Officers Elective?, Bradley M. Thompson Jan 1908

Are Too Many Executive Officers Elective?, Bradley M. Thompson

Michigan Law Review

Michigan manage and conduct state affairs. No one would ship a dead dog over that line without having taken the precaution to skin the animal and save his hide. Listen to the conclusion of the whole matter. Give the people an opportunity to govern the state. Amend the constitution and provide for the election of just two state executive officers, a governor and a lieutenant governor. Give the governor power to appoint by and with the advice and consent of the senate, the other state officers now elected, with power to remove at will such officers to constitute his counsel …


Invalid Contracts For Contingent Fees, James H. Brewster Jan 1908

Invalid Contracts For Contingent Fees, James H. Brewster

Articles

It is not unusual that agreements between attorneys and clients providing for contingent fees contain a stipulation to the effect that no settlement of the controversy concerning which there is a bargain for fees shall be made by the client without the attorney's consent. In the recent case of Davy et at. v. Fidelity and Casualty Ins. Co., 85 N. E. 504, the Supreme Court of Ohio condemns such an agreement as champertous and, by the citation of many Ohio decisions, "demonstrates that this court has always maintained a consistent and unambiguous attitude in regard to contracts of the kind …


Are Too Many Executive Officers Elective?, Bradley M. Thompson Jan 1908

Are Too Many Executive Officers Elective?, Bradley M. Thompson

Articles

We propose very briefly to call attention, to so much of the present constitution of Michigan as has to do with the executive department, and to consider the methods which the people have adopted for selecting those public servants whose official duty it is to enforce the law, to maintain public order and protect private rights.


The Constitution Of Oklahoma, John A. Fairlie Dec 1907

The Constitution Of Oklahoma, John A. Fairlie

Michigan Law Review

The constitution of the latest state to be admitted to the Federal Union contains many interesting features, some significant of recent tendencies in state government, and others distinctly novel, which suggest queries as to the probable trend of future development. Public attention has already been attracted to some of the most striking provisions; and a more careful analysis of the constitution as a whole should be of value to those concerned in the problems of American government. At the outset, one familiar with the constitution of the older states will be struck by the length of the Oklahoma document. It …


Federal Treaties And State Laws, Charles Noble Gregory Nov 1907

Federal Treaties And State Laws, Charles Noble Gregory

Michigan Law Review

The rights of foreigners, in case of conflict between federal treaties with their several countries and laws enacted by the states, have been recently much considered. Such questions are undoubtedly to be solved by constitutional law under our frame of government, but they so directly affect our international obligations and relations that they are habitually treated as proper topics to be discussed in our best works on International Law.


Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman May 1907

Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman

Michigan Law Review

The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;


Commercial Aspect Of Uniform State Laws, Francis B. James May 1907

Commercial Aspect Of Uniform State Laws, Francis B. James

Michigan Law Review

A T the close of the American Revolution and even after the adoption of the articles of Confederation, each American State was not only a political unit but an industrial and commercial unit. Meafis of communication were few and cost of transportation almost prohibitive except in border and coast cities. Each State not only determined its political future but its own industrial and commercial policy. The Constitution of the United States, adopted in 1789, recognized the fact that each State continued as a political unit and at the same time created another political unit, the nation at large. It also …


Some Suggested Changes In The Constitution Of Michigan, John A. Fairlie Apr 1907

Some Suggested Changes In The Constitution Of Michigan, John A. Fairlie

Michigan Law Review

In April of last year the proposition to call a convention to revise the Constitution of Michigan was adopted by a substantial popular vote. The approach of the time when this Convention will be called suggests the advisability of discussing at least some of the changes which may be proposed. For while the full debate on proposed changes must take place in the Convention and after its work is submitted for popular ratification, it is important that some definite ideas should be publicly considered even before the delegates are elected. At the outset it should be understood that if the …


Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein Apr 1907

Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein

Michigan Law Review

Wilgus: Payment of Dividends Out of Capital of Corporations and the Nature of Treasury Stock; Wilgus: Duty of a Managing Director of a Corporation to an Individual Shareholder; Williams: Impairing Obligation of Contract with Foreign Corporations; Dodds: May a Legislature Pass an Act Allowing Actual Expenses to Circuit Judges Whose Salaries are Fixed by the State Constitution?; Sonnenschein: What Constitutes a Waiver by Implication of the Privilege of Confidential Communications Between Attorney and Client


The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson Feb 1907

The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson

Michigan Law Review

The Congress shall have power * * * to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." "* * * to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or any department or officer thereof." Only one possessed of prophetic vision would dare to state the extent of the power contained in these clauses of the constitution, to say nothing of the subjects or persons to which it may be …


Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus Jan 1907

Founding Of The College Of Law Of The Ohio State University, Horace Lafayette Wilgus

Articles

It is proper for me to say, in the beginning, that I have been delegated to bear, and I have the honor to present to the College of Law of the Ohio State University, upon this occasion the sincere congratulations and most hearty good wishes of the largest University Law School in the United States--the Department of Law of the University of Michigan. In addition to this, it is with much satisfaction, and is a very great personal pleasure, that I have the privilege of joining in the festivities of this dedication of the beautiful Temple of Themis, wherein the …


Disbarment Or Suspension Of Attorney, Harry B. Hutchins Jan 1907

Disbarment Or Suspension Of Attorney, Harry B. Hutchins

Articles

The decision of the Supreme Court of Oregon in the case of State ex rel Grievance Committee of State Bar Association v. Tanner, rendered Jan. 12, 19O7, 88 Pac. Rep. 301, is of sufficient importance to merit brief notice. The proceeding was instituted by the grievance committee of the State Bar Association for the removal from practice of the defendant, an attorney at law, under a statute of the State that provides for the removal or suspension of an attorney from practice by the Supreme Court "upon his being convicted of a felony or of a misdemeanor involving moral turpitude."


Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins Jan 1907

Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins

Articles

Waiver of the Tatutory Protection of the Confidential Relation of Physician and Patient.--The subject of the disclosure by the physician upon the witness stand of confidential communications between himself and his patient has already received attention in this journal: 2 MICHIGAN LAW REVIEW, p.687; 3 MICHIGAN LAW REVIEW, p. 311. The case of Long v. Garey Investment Company, decided by the Iowa Supreme Court December 15, 1906, may be briefly noticed, as it discusses a phase of the subject in regard to which the courts are not in entire harmony, namely, the waiver of the privilege that the statute confers.


Note And Comment, Harry B. Hutchins, Ralph W. Aigler, Fabian B. Dodds, Justice Wilson Jan 1907

Note And Comment, Harry B. Hutchins, Ralph W. Aigler, Fabian B. Dodds, Justice Wilson

Michigan Law Review

What is the Practice of Medicine?; A Home Rule Charter and the Constitution; Recent Decisions on Trade-Marks and Unfair Trade; Liability of Anomalous or Irregular Indorser; Treatise Part of the Supreme Law of the Land;


Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd Dec 1906

Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd

Michigan Law Review

The Constitutionality of Statutory Restrictions Upon Sales of Merchandise; The Liability of a Collecting Bank for the Defaults of its Correspondents; Reasonable Regulation of Primary Elections; Assignment of Wages to be Earned in the Future in the Absence of a Contract of Employment Definite as to Time


Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall Nov 1906

Constitutional And Legislative Limitations Of The Home Rule Charter In Minnesota, Charles P. Hall

Michigan Law Review

I regret exceedingly that I am not able, in the scope of these observations, to include all the states of the American Union, where the home-rule charters have been permitted as a method of city government; but unfortunately my vision has not passed beyond the horizon of my own state, and the workings of the home­rule system in other states must be left as a subject for future study and comparison. With pardonable pride, however, it may be said that the State of Minnesota, while she has erred with her sister commonwealths in experimental over-legislation, has nevertheless recently placed upon …


Effect Of Foreign Chattel Mortages Upon The Rights Of Subsequent Purchasers And Creditors, Marion Griffin Mar 1906

Effect Of Foreign Chattel Mortages Upon The Rights Of Subsequent Purchasers And Creditors, Marion Griffin

Michigan Law Review

Should the title or lien of a foreign mortgagee be protected against the claims of creditors and innocent purchasers in the state to which the mortgaged property is removed? It is sometimes said that the chattel mortgage creates a mere lien by the law of the state where made, which is not entitled to recognition in any other state. The weight of authority is otherwise. It is a transfer of the, property itself as a security for the debt. There are some states in which a mortgage of personal property creates no title in the mortgagee, but a mere lien; …


The Evasion Of State Laws By Mail Order Insurance Companies, John G. Park Feb 1906

The Evasion Of State Laws By Mail Order Insurance Companies, John G. Park

Michigan Law Review

One of the commercial phenomena of this age has been the unprecedented development of the mail order industry. Mammoth mercantile establishments have arisen which never see their customers face to face, have no soliciting agents, and sell goods exclusively by means of the modest "catalogue," the postage stamp and the unwearied effort of the Post Office Department. Whether the story of the genial citizen who is said to have acquired a mail order wife be true or false, the popularity of the mail order scheme cannot be gainsaid.


Recent Important Decisions, Michigan Law Reivew Feb 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Acknowledgment--Notary Agent of Grantee--Extra Compensation for Securing Acknowledgment; Attachment of Real Property--Conflict of Jurisdiction--Federal and State Courts; Attorney and Client--Contract Between--Fraudulent Conveyance; Bankruptcy--Preferences--Securing Attorney's Fee; Banks--Liability of Private Banker; Common Carriers--Duty to Receive Helpless Persons as Passengers--Degree of Care Required When Accepted; Common Carriers--duty Toward Hackmen at Depots--May Discriminate; Constitutional Law--Impairing Obligation of Contract--Contracts with Waterworks Companies; Constitutional Law--License for Issuing Trading Stamps; Constitutional Law--Trading Stamp Laws; Corporations--amendment of Charter--Service on--Liberty to Contract; Corporations--Constitutional Law--Pools and Trusts--Foreign Insurance Companies; Criminal law--Written instructions to Jury; damages--Fright Unconnected with Physical Injury; Deed--description--Conveyance to Trustee--Necessity of Word "heirs"--Rule in Shelley's Case--Adverse Possession; Evidence--Corporations--Books …


Liability Of Water Companies For Fire Losses, Edson R. Sunderland Jan 1906

Liability Of Water Companies For Fire Losses, Edson R. Sunderland

Articles

In two recent articles published'in this Review, the question of the liability of water companies for fire losses was somewhat exhaustively discussed. The majority of the actions wherein it has been sought to hold water companies liable for fire losses suffered by private property owners, have been brought for breach of contract. In a few cases the theory adopted was that the water company owed a duty to all property owners, by reason of the public character of its service; and the fact that it was under contract with the city to furnish an adequate water supply and pressure for …


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. House Of Representatives. Jan 1906

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The Senate Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. Senate. Jan 1906

Journal Of The Senate Of The Commonwealth Of Kentucky, January 2, 1906 - March 26, 1906, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Constitutionality Of The Indiana Anti-Cigarette Law, Thomas A. Sims Dec 1905

Constitutionality Of The Indiana Anti-Cigarette Law, Thomas A. Sims

Michigan Law Review

The recent act of the Indiana General Assembly, known as the "Indiana Anti-Cigarette Law," is the third act of its kind to be passed by a state legislature. In 1896 the State of Iowa enacted a similar law, and the year following, Tennessee did the same. In the years intervening between these acts and the present act similar bills have been introduced in various legislatures over the country but none of them has passed. The passage of the act by the Indiana Assembly has, however, seemingly reawakened the sentiment in favor of such legislation, and in several of the states …


Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus Nov 1905

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus

Michigan Law Review

The Law School; Unauthorized Operation by Physician; The Kansas Oil Refinery Bill; Garnishment of Public Corporations; The rule in Wild's Case Today; Effect of a complicated Form of Ballot on the Elector's Freedom of Choice; Situs of Debts for Garnishment; Malicious Interference With the Contract of Employment


The 1983 Revision Of The Texas Mental Health Code., George E. Dix Jun 1905

The 1983 Revision Of The Texas Mental Health Code., George E. Dix

St. Mary's Law Journal

Abstract Forthcoming.


Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn Jun 1905

Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn

St. Mary's Law Journal

Abstract Forthcoming.


State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht Jun 1905

State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht

St. Mary's Law Journal

Abstract Forthcoming.