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Articles 1 - 7 of 7
Full-Text Articles in Law
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
Articles
THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles …
Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland
Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland
Articles
Early in 1914 the defendants contracted to sell to the plaintiffs a quantity of Finland birch timber. The practice was to send the timber direct by sea from Finnish ports. Before any timber was delivered the war broke out and the presence of German warships in the Baltic made the direct shipment by water impossible. The contract contained no war, force majeure or suspension provision. Held, that the contract was not dissolved, and the defendants were liable for damages for non-delivery of the timber. Blackburn Robbin Co., Lim. v. Allen & Sons, Lim. (1918) 87 L. J. K. B. 1085. …
Termination Of A Continuing Guaranty, Edgar N. Durfee
Termination Of A Continuing Guaranty, Edgar N. Durfee
Articles
Several persons jointly and severally guaranteed to a bank the present and future obligations of a customer, stipulating that "the bank may grant extensions without lessening the liability" of the guarantors, that "this shall be a continuing guaranty, and shall cover all the liabilities which the customer may incur or come under until the undersigned, or the executors or administrators of the undersigned, shall have given the bank notice in writing to make no further advances on the security of this guaranty," and that "this guaranty shall not be affected by the death of the undersigned." One of the guarantors …
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
Articles
The question of domicil under consular jurisdiction was discussed at some length by the present writer in an article which appeared in an earlier number of this review. See 17 MICH. LAW REV. 437-455. When that article was written some much quoted dicta and the decision of the Court of Appeal in Casdagli v. Casdagli, 87 L. J. P. 73, 79, indicated that according to the English rule a domicil of choice could not be acquired under consular jurisdiction. The author ventured to criticise that extraordinary rule from the point of view of the authorities and on principle. With regard …
Boycott - Medical Association, Horace Lafayette Wilgus
Boycott - Medical Association, Horace Lafayette Wilgus
Articles
The opinion of McCardie, J., (without a jury), in Pratt v. British Medical Association (1919), I K. B. 244, (noted in the MICHIGAN LAW REVIEW, June, 1919, p. 704), brilliantly reviewing the English cases, merits a fuller statement of the facts and principles involved than was possible in a short note. The action was by Doctors Burke, Pratt, and Holmes, against the British Medical Association and four of its officers, for damages for conspiracy, slander and libel.
A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland
A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland
Articles
In a recent opinion of the Supreme Court of the United States Justice Holmes makes this interesting observation:- "The foundation of jurisdiction is physical power, although in civilized times it is not necessary to maintain that power throughout proceedings properly begun." Paraphrased, the statement comes to this: In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential.
Enemy Alien Litigants In The English Law, Edwin D. Dickinson
Enemy Alien Litigants In The English Law, Edwin D. Dickinson
Articles
It is said that as a general rule an enemy alien cannot bring an action in the English courts. "And true it is, that an Alien enemie, shall maintaine neither reall nor personall action, Donec terrae fuet' communes, that is untill both Nations be in peace." COKE oN LITTLETON, (2 ed.) L. 2, c. 11, sec. 198. LORD STOWELL'S famous dictum in The Hoop (1799), 1 C. Rob. 196, 200, is regarded as a classical statement of the doctrine: "In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to …