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Recent Important Decisions, Michigan Law Review Dec 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …


Recent Important Decisions, Michigan Law Review May 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Appearance--appeal from Action in Rem as General Appearance; Bankruptcy--Suit by Trustee--Right to Trial by Jury; Bills and Notes--Draft by Agent on Principal--Necessity of Acceptance; Carriers--Merchandise as Baggage--Notice; Constitutional Law--Impairing Obligation of Contract--Clause of Insurance Contract Limiting the Time in Which to Bring Action; Constitutional Law--Invalidating Existing Contracts for Free Transportation; Contracts--Mutual Promises--Independent or Conditional; Courts--Supreme Court--Jurisdiction--Mandamus to Compel Entry of Judgment by Lower Court; Eminent Domain--Damages; Evidence--Confession of an Alleged Accomplice; Evidence--Statutes--Enrolled bill as Evidence; Homestead--Does Joinder of Wife to Release Dower Bar Her Homestead Right?; Insurance--Increase of Hazard; Libel and slander--Absolute Privilege--Judicial Proceedings; Parent and Child--May Parent Authorize Agent …


Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor Apr 1911

Note And Comment, John C. Murray, Arthur J. Abbott, Allen Mck. Bond, Charles L. Cunningham, Leon F. Minor

Michigan Law Review

Unliquidated Tort Claims as Provable Debts in Bankruptcy; May a State, in the Exercise of its Police Power, Regulate Insurace Rates?; Interest upon Legacies which are not Payable Until Legatee Attains Certain Age; Validity of a Classification of Banks Based Upon the Amount of Their Average Annual Deposits


Recent Important Decisions, Michigan Law Review Apr 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Conflicting Attachments; Bills and Notes--Liability of Assignee of Bill of Lading, Attached to Draft, to Consignee for Defects in the Goods; Bills and Notes--Reformation in Equity to Bind Signer of Separate Communication; Carriers--Rights of Bona Fide Assignee of a Bill of Lading; Chattel Mortgages--Sufficiency of Description as to Third Parties; Constitutional Law--Impairing Contract Obligations--Inheritance Tax--Community Property; Contributory Negligence--Negligence Imputed to Passenger; Damages--Personal injuries--Predisposition to Disease; Discovery and Inspection of Burried Human Body; Evidence--Presumptions--Law of Another State; Husband and Wife--Consortium--Is Husband's Right Impaired by Purely Physical Injury to Wife?; Insurance--Interst of Beneficiary--Prior Death; Insurance--Statements Made by Applicant--How Construed; Judgment--Collateral Attack Based …


Recent Important Decisions, Michigan Law Review Mar 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accident Insurance--Accident or Disease; Antenuptial Contract; Waiver of Performance; Bankruptcy--Arrest of Bankrupt--Exemption from Arrest; Bankruptcy--Effect upon a Surety of Bankrupt's Discharge; Charities--Validity--Certainty as to Purpose of the Gift; Constitutional Law--Equal Protectin of the Laws--Abrogation of Fellow-Servant Rule; Constitutional Law--Equal Protection of the Laws--Permit to Woman Pharmacist to Sell Liquors; Constracts--Public Policy; Corporations--Injury to Minority Stockholders--Remedy by Injunction; Corporations--Nature of a Corporation--Franchises; Deeds--Specific Performance of a Condition Subsequent; Elections--Primary Elections--Failure of Nominee to File Expense Account; Evidence--Parol Testimony--Admissibility; Husband and Wife--Personal Torts Between; Husband and Wife--Subrogation of Wife to Rights of Creditors for Necessaries; Inn-Keepers--Liability for Goods of Guest--Termination of Liability; …


Recent Important Decisions, Michigan Law Review Feb 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--rights of Action Passing to Trustee--Injury to Property; Banks and Banking--Who May Question the Power of National Banks to Take Real Estate in Trust; Bills and Notes--Avoidance of Indorser's Liability by Fraudulent Representations of Indorsee; Carriers--Is the Ticket Conclusive Evidence of the Passenger's Right to be Carried?; Carriers--When does the Liability of a Carrier change to That of A Warehouseman?; Constitutional Law--Equal Protection of the Law--Right to Hunt and Fish; Constitutional law--Liberty and Freedom of Conscience--Right to Wear a Religious Garb in Public Schools--Power of the Legislature; Contracts--Implied Contracts--Persons in Family Relations; Contributory Negligence--Acts in Emergency--Emergency Caused by Party Injured--Saving …


Note And Comment, John R. Rood, Arthur J. Abbott, Allen Mck. Bond, Howard H. Campbell Feb 1911

Note And Comment, John R. Rood, Arthur J. Abbott, Allen Mck. Bond, Howard H. Campbell

Michigan Law Review

Ignorance and Mistake of Law Caused by Over-Ruled Cases; The Doctrine of Exemplary Damages in Its Application to Corporations; When is a Will Signed "At the End?": Construction of the Code Phrase "Subject of Action"


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.


Recent Important Decisions, Michigan Law Review Jan 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Paper Title--Constructive Possession--Occupancy; Bankruptcy--Property Vesting in Trustee--Insurance Policies with Cash Surrender Value Absorbed by a Lien; Bankruptcy--Provable Debts--Contingent Claims--Landlord and Tenant; Bills and Notes--Incomplete and Undelivered Check, completed and Negotiated by Thief--Delivery Not Presumed; Bills and Notes--Note Distinguished from Testamentary Disposition; Contracts--Consideration--Forbearance to Sue; Contracts--Illegal Contract--Agent's Liability for Proceeds; Corporations--corporate Stock--Priority of Rights Between Unrecorded Transferee and Attachment Creditor; Criminal Procedure--Sealed Verdict--Separation of Jury; Eminent Domain--Streets--Power to Condemn Land Required for Railroad Purposes; Evidence--Presumptions and Burden of Proof in Case of Corporation Charged with Crime; Garnishments--On What Actions Available--Liquidated Claims; Insurance--change of Rates in Mutual Benefit Association; Judgments--Foreign Judgment--Merger--Bar; …


Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle Jan 1911

Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle

Articles

It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions …


Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard Jan 1911

Limitation Of The Amount Of The Common Carrier's Liability, Edwin C. Goddard

Articles

When the case of Railroad v. Lockwood, 17 Wall. (U. S.) 357, settled the law that the common carrier can not contract against liability for losses due to his negligence, it did not put an end to the efforts of common carriers to escape liability for losses so arising.