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Articles 121 - 147 of 147
Full-Text Articles in Law
Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood
Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood
Michigan Law Review
Injuries Arising "Out of" an Employment - An employee's duties take him into the streets where he is injured by being run into by an automobile or other vehicle; has he ground for recovery of compensation under the usual WOltM4a,'eS COMPENSATION AcT providing for an award for injuries "arising out of and in the course of his employment"? Since he was in the street in pursuance of his duties and not in going to or from work, it is clear that the injury was one arising in the "course of" the employment. But did it arise "out of' the employment?
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Animals - Injuries by Animals at Large - In an action for damages for injuries sustained by the kick of a horse, the petition alleged that for many days the defendant carelessly and negligently permitted a horse owned by him to run loose on the streets unattended, and that the plaintiff while playing about was kicked by the horse. On demurrer, held, no cause of action stated because no allegation that the owner knew the horse was vicious. Brady v. Str.aub, (Ky. Ct. of App. 1917), 197 S. W. 938.
Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Evans Holbrook, Abraham Jacob Levin
Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Evans Holbrook, Abraham Jacob Levin
Michigan Law Review
Notes on recent cases and letters to the Law Review.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Accretion - Title to New Land - Certain lots in Section 31 bounded on one side by a river and on the opposite side by a section line were slowly eaten away and submerged by the action of the water. By this process the river was carried beyond the section line into Section 3o onto the land of P. After a time the river again shifted and gradually restored P's land and built new land in Section 31 where the above mentioned lots had been. As against D who had acquired tax deeds to the new land in Section 31. …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Meaning of "Shore" - Certain sections of a dry dock containing a tug were driven by a violent storm across the Mobile River and left on the land above the ordinary high water mark. Held, subject to salvage, and a suit to recover for replacing the tug in the water within admiralty jurisdiction. The Gulfport, (Dist. Ct, S. D. Ala., 1917), 243 Fed. 676.
Note And Comment, Willard T. Barbour, John B. Waite, Evans Holbrook, Gordon Stoner, Raymond Archibald Fox
Note And Comment, Willard T. Barbour, John B. Waite, Evans Holbrook, Gordon Stoner, Raymond Archibald Fox
Michigan Law Review
The "Right" to Break a Contract - It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MIcr. L. Rv. 48o appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorneys - Disobedience of Order of Suspension - What Acts Constitute - Defendants had been suspended from practice "in all the courts of this state" for one year. During suspension they had continued to maintain a law office with the usual signs on the doors and windows, used envelopes and stationery with their names printed thereon as Attorneys at Law, and permitted their names to be inserted as attorneys at law in telephone and city directories. Defendant M had caused the preparation of a complaint, affidavit, and bond in attachment under his direction and had them filed in a suit …
Note And Comment, Gordon Stoner, Ralph W. Aigler, Michigan Law Review
Note And Comment, Gordon Stoner, Ralph W. Aigler, Michigan Law Review
Michigan Law Review
Bradley Martin Thompson - For a second time within the year death has claimed a member of the Faculty of the Law School. Professor Jerome C. Knowlton died in January, and now on September 29th last, Professor Bradley M. Thompson has completed his life-work.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Criminal Law - Directed Verdict of Acquittal - The accused was convicted of crime. Error was assigned upon the refusal of the court to direct a verdict of not guilty. Held, that a motion to direct a verdict of acquittal should never be entertained. People i% Zurek (Ill. 1917), uS N. E. 644
Note And Comment, Ralph W. Aigler, John B. Waite, Eugene B. Hewitt
Note And Comment, Ralph W. Aigler, John B. Waite, Eugene B. Hewitt
Michigan Law Review
State Legislation Extending to Navigable Waters - In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOL.Es dissenting, that the WORKMEN'S COMPENSATION AcT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the' Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy - Appointment of Receiver as Act of Bankruptcy - An insolvent corporation, against which a creditors' suit was brought in the state court, procured the appointment of a receiver therein by an answer and cross bill in the name of its president, who was a defendant, and who with one other stockholder owned the majority of the stock and controlled the corporation. Held, that the corporation applied for the appointment of a receiver within the meaning of §3a(4) of the BANKRUPTcY AcT, making such application, while insolvent, an act of bankruptcy; it being unnecessary that the application be by …
Note And Comment, Ralph W. Aigler, John B. Waite, William L. Owen, Samuel D. Frankel
Note And Comment, Ralph W. Aigler, John B. Waite, William L. Owen, Samuel D. Frankel
Michigan Law Review
Necessity of Valid Contract to Support Escrow - In Foulkes V. Sengstqcken, (Ore. 1917) 163 Pac. 311, it is said that "A pure escrow presupposes the existence of a valid contract with sufficient parties, a proper subject matter, and a consideration. There must be an actual contract of sale on the one side and of purchase on the other, afid until there is such a contract, the instrument executed by the supposed grantor, though in form a deed, is neither a deed nor an escrow." Accordingly it was held that performance of conditions by a grantee after the grantor had …
Note And Comment, Michigan Law Review, Thomas E. Atkinson, John R. Rood, Haddon S. Kirk, Harry G. Gault, William L. Owen, Harry J. Connine
Note And Comment, Michigan Law Review, Thomas E. Atkinson, John R. Rood, Haddon S. Kirk, Harry G. Gault, William L. Owen, Harry J. Connine
Michigan Law Review
The Appam Case - On March 6 last the Supreme Court handed down a unanimous decision in the appeals taken in the libel suits filed against the Appam and cargo in the District Court of the United States for the Eastern District of Virginia, affirming the decree of. restitution entered by that court.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments - Transfer of Expectancy - A, the apparent heir of his mother, executed a warranty deed conveying to defendants his expectancy in the realty of his mother. He died during her life, and after her death his children bring suit to have the deed cancelled as a cloud on their title. Held, that the relief prayed should be granted on the ground that the complainants were not bound by the warranty of the father, as they did not take as his heirs, but as the heirs of their grandmother, only tracing relationship through the father. Johnson v. Breeding (Tenn. …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Tacking - To a suit in ejectment, defendant pleaded, (z) the statute of limitations of seven years, claiming adverse possession for that length of time; (2) also twenty years' adverse possession as a basis for the presumption of a grant. The possession relied upon is partially that of defendant's predecessor, between whom and defendant there was no privity. Held, (I) the defense of the statute of limitations is without merit. Successive possessions cannot be tacked to make up the period of that statute unless connected by privity; (2) but no privity is necessary to raise the presumption …
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, Wayland H. Sanford, William L. Owen, Eugene B. Houseman
Michigan Law Review
Safeguarding the Criminal Defendant - Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing …
Carmack Amendment In The State Courts, Wayland H. Sanford
Carmack Amendment In The State Courts, Wayland H. Sanford
Michigan Law Review
Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …
Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason
Note And Comment, Edson R. Sunderland, John R. Rood, Harry G. Gault, William L. Owen, Melville C. Mason
Michigan Law Review
Simplification of Judicial Procedure in Federal Courts - In 1914 the Judiciary Committee of the House of Representatives unanimously reported favorably upon a bill (H. R. 133) authorizing the Supreme Court of the United States to prescribe by rule the forms, kind and character of the entire pleading, practice and procedure to be used in all actions and proceedings at law in the federal courts, with a view to their simplification, which rules should, when promulgated, take precedence of any law in conflict therewith. On January 2, 1917, a similar bill (S. 4551) was favorably reported from the Senate Judiciary …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession Mistake - From a decree quieting in plaintiff title by adverse possession, defendants appealed, contending that plaintiff claimed the land only under and by virtue of a will which in fact conferred no legal title, and that such a claim was not adverse. Held, assuming that plaintiff believed he was asserting legal rights only, and that his claim of title was defective, his possession would nevertheless ripen into title by adverse possession. Erickson v. Crosby, (Neb. 1916) x6o N. W. 94.
Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason
Note And Comment, John B. Waite, Samuel D. Frankel, Melville C. Mason
Michigan Law Review
The Death of Professor Knowlton - The loss to the Law School and to his colleagues of the law faculty in the death of Jerome Cyril Knowlton cannot be expressed. For thirty-one years, the longest period of active service ever given by any man to this Law School, Mr. Knowlton was an effective factor in the development of the institution and in the moulding of the character and the legal ideas and ideals of the thousands of graduates who have passed through the Law School into the service of community and state and country, at the bar, upon the bench, …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client - Attorney's Charging Lien - Having agreed by contract to pay his attorney fifty percent of the proceeds recovered, the client, while suit was pending, and without the consent of his attorney, settled with the defendant for $3o. The attorney then gave notice of his claim to the defendant, and the district court, after hearing the case, gave judgment to the plaintiff attorney for $1oo. There was a statute (N. J. LAWS OF 1914, ch. 201, p. 410) which gave a lien to an attorney on the proceeds of a settlement out of court. Held, the action …
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Michigan Law Review
Special Assessments Upon Cemetaries - Though the power to tax cemeteries would seem to be'entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See CooLY, TAxATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, i39 IIl. 16, 28 N. E. io76; Mullins v. Cemetery Assoc., 239 Mo. 681, i44 S. W. iog; Buffalo City Cemetery v. Buffalo, 46 N. Y. 5o3; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 5! …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption - Inheritance from Natural Kindred - The plaintiff, a minor, by his guardian sued to recover his share of his deceased grandfather's estate under the law of succession of the state of California. After the death of his father and mother he had been adopted into another family. The statute of California provides that the natural parents of an adopted child are "relieved *** of all parental duties towards and all responsibilities for the child so adopted and have no right over it," and the child and persons adopting "shall sustain towards each other the legal xelation of parent …
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Michigan Law Review
The Mortgages in Possession in New York and in Michigan - It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 18o2 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, ii Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adjoining Landowners-Lateral Support.-Defendant was sued for injuries to plaintiff's dwelling on an adjoining lot caused by defendant's having -excavated on his lot after having given plaintiff notice of the intended excavation. Held, defendant, after having given plaintiff reasonable notice of 'the intended excavation, was not liable for injuries to plaintiff's building which resulted from defendant's "ordinarily careful excavation of his own lot:' Vandegrift, et al. v. Boward (Md. I916), 98 AtI. 528.
Note & Comment, Michigan Law Review
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
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 …