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Articles 1 - 30 of 69
Full-Text Articles in Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …
Administrative Powers Of The President, John A. Fairlie
Administrative Powers Of The President, John A. Fairlie
Michigan Law Review
It is the purpose of this paper to discuss, with some effort at systematic classification the powers of the President of the United States, through which he maintains an effective and responsible control over the whole federal administration. The position of the President in this respect offers a striking contrast to that of the state governors, which is not always fully appreciated in comparisons of the state and federal governments; and an analysis of the President's authority may well suggest some inquiry as to the relative merits of the centralized executive of the federal government, and the decentralized and unorganized …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School; the Mostly Edicuation Commission; Penal Statute--"medical Attendance"--Devine Healing--Constitutional Law; Validity of a Note Given to an Unlicensed Practitioner of Medicine for Medical Services When the Note has Passed Before it is Due to a Bona Fide Purchaser for Value and Without Notice; Parties--Joining Representative of Deceased Joint Obligor--Survivors; Code Pleading--Amendment--Forms of Action; Conflict of Laws--Public Policy--Agreement ot Stifle Prosecution;
The Law Of Reason, Fredrick Sir Pollock
The Law Of Reason, Fredrick Sir Pollock
Michigan Law Review
If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …
Recent Legal Literature, John R. Rood, Bradley M. Thompson, Harlow P. Davock, Harry B. Hutchins
Recent Legal Literature, John R. Rood, Bradley M. Thompson, Harlow P. Davock, Harry B. Hutchins
Michigan Law Review
, vols 90, 91, and 92; Veeder (ed.): Legal Masterpieces--speciments of Argumentation and Exposition by Eminent Lawyers; Eastman: The Bankruptcy Law Annotated, Being the National Bankruptcy Act of 1898, as amended; Wambaugh (ed.): Littleton's Tenures in English
Fellow Servant Doctrine In The United States Supreme Court, Albert Martin Kales
Fellow Servant Doctrine In The United States Supreme Court, Albert Martin Kales
Michigan Law Review
The difficulties of the fellow servant doctrine in the United States Supreme Court have been thought to centre principally about the Ross case. The Baugh case, has been said to go far toward overruling it, and the more recent case of New England Railroad Co. v. Conroy, is now taken as overruling it in terms. Nevertheless, the writer believes that the results of all t here cases may be supported upon a common principle. This principle it is the object of this article to suggest.
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;
Recent Legal Literature, Edwin C. Goddard, Horace Lafayette Wilgus, Jerome C. Knowlton, James H. Brewster
Recent Legal Literature, Edwin C. Goddard, Horace Lafayette Wilgus, Jerome C. Knowlton, James H. Brewster
Michigan Law Review
Tiffany: Handbook of the Law of Principal and Agent; Smith: The Modern Law of Municipal Corporations; Hughes: A concise Treatise on Contracts upon a New Plan; Kales: The Homestead Exemption Laws of the State of Illinois
Recent Important Decisions, Michigan Law Review
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 …
Covenants As Quasi Contracts, Louis L. Hammon
Covenants As Quasi Contracts, Louis L. Hammon
Michigan Law Review
It is the scope of this article to discuss briefly certain forms of covenant with a view to determining whether in their nature they are contractual or quasi contractual. "Quasi contract may be defined as an obligation whereby one person becomes bound to another, without regard to his consent, by a legal tie similar to that arising from contract. It may exist either by statute or by common law, and, if by the latter, it may be enforced either on principle or by reason of custom. As to the cause of the obligation, it may be imposed upon a man …
Recent Legal Literature, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem
Recent Legal Literature, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem
Michigan Law Review
Dillon: John Marshall, Life, Character, and Judicial Services, as portrayed in the Centenary and Memorial Addresses and Proceedings throughout the United States, on Marshall Day 1901, and in the classic orations of Binney, Story, Phelps, Waite and Rawle; Morse: A Treatise on the Law of Banks and Banking; American State Reports. Vols. 88 and 89.
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Constitutional Law--Compelling one to be a Witness Against Himself--Comparing Defendant's Shoe with Footprints; Rights in Inventions as Between Employer and Employee; Constitutional Law--Power of Legislature to Prescribe Rules of Evidence--Making Conveyance by Person Indebted Prima Facie Evidence of Intent to Defraud Creditors; Decorum of Attorney in Argument--Propriety of Appeals to the Pathetic or Sentimental; Liability of United States for Injury from Elevator in its Public Buildings--Implied Contract to Operate Safely--Case "Sounding in Tort"; Statutes Regulating the Practice of Medicine--Osteopathy; Precedents
Recent Important Decisions, Michigan Law Review
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 …
Latest Development Of The Interstate Commerce Power, Edward B. Whitney
Latest Development Of The Interstate Commerce Power, Edward B. Whitney
Michigan Law Review
The litigation under the anti-lottery act of 1895, has for the first time raised the important constitutional question whether congress, under its general power to regulate interstate commerce, can select any particular article and exclude it from interstate commerce altogether-whether the power to regulate involves the power to prohibit. For nearly a century after the foundation of the government no attempt was made by congress to restrict interstate commerce by excluding any article therefrom. Quarantine legislation, however, opened the way, and the anti-lottery act sharply raised the question of power. Lottery tickets in the earliest days of the republic were …
Collateral Attacks Based On Irregularities, John R. Rood
Collateral Attacks Based On Irregularities, John R. Rood
Michigan Law Review
Should judicial action ever be held void on collateral attack by reason of any departure from the prescribed mode of procedure? To discuss this question is the purpose of the present article. The magnitude of the subject will forbid the discussion of any specific departures or modes of procedure in detail. Numberless decisions and discussions on specific points will be found scattered through the books where these points are severally treated. If anything need be said, the comprehensive view is the one most needing attention, and least liable to receive it, because text-writers to a great extent, and the courts …
The Right Of Foreign Corporations To Hold Land, W. A. Coutts
The Right Of Foreign Corporations To Hold Land, W. A. Coutts
Michigan Law Review
Few questions have been more prolific of litigation than those relating to the legal status of foreign corporations, and the right of foreign corporations to hold land is among the most important of those questions. The statutes of most of the states prescribe certain limitations to the acquisition and holding of land by corporations, foreign and domestic; and the tendency is to place the former upon the same basis as the latter. It is impracticable in this article to discuss those various statutes; the purpose is merely to indicate the reasoning of the courts which is in general applicable in …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Election of Remedies--right of Party Who Rescinds Contract for Fraud to Maintain Action for Damages Caused by Entering into the Contract; Corporations--Retirement of Preferred Stock by Exchange of Mortgage Bonds Therefore--Acceptance of Amendment by Majority--contracts in Which Directors are Interested--Notice to the Shareholders--Authorization by Vote of Shareholders Interested in the Contract; Physical Examination in Personal Injury Cases
Recent Important Decisions, Michigan Law Review
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 Legal Literature, Robert E. Bunker, Harlow P. Davock, Edward Samuel Corwin
Recent Legal Literature, Robert E. Bunker, Harlow P. Davock, Edward Samuel Corwin
Michigan Law Review
Eaton: A Treatise on Commercial Paper and the Negotiable Instruments Law; Hotchkiss: Collier on Bankruptcy (4th ed.); Howard: History of the Louisiana Purchase; Webster's International Dictionary of the English Language;
Recent Important Decisions, Michigan Law Review
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 …
The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein
The Liability Of The Custodian Of Public Funds Lost Without His Fault, Gustav Stein
Michigan Law Review
In a work on Public Offices and Officers, the writer characterizes the question of the liability of an officer and his sureties for loss of public funds by the officer without default on his part, as ''of great interest and importance, but one upon which the authorities are in conflict." Since the publication of that work in 1890, a con siderable number of cases has arisen continuing the conflict, and llustrating its importance. It is proposed in this article, to state the views entertained by the courts, the extent to which they have been applied, the reasons advanced to support …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Bible Reading in the Public Schools; Telegraph Company as Agent of the Sender of a Message; Constitutional Law--Municipal Fuel Plants; Exemption--Laborer's Wages; Executors and Administrators--Statute of Limitations--Actions in Federal Courts
Recent Legal Literature, James H. Brewster, Robert E. Bunker
Recent Legal Literature, James H. Brewster, Robert E. Bunker
Michigan Law Review
Daniel: The Elements of the Law of Negotiable Instruments; Tiffany: The Law of Real Property and Other Interests in Land; Stearns: The Law of Suretyship. Covering Personal Suretyship, Commercial Guaranties, Suretyship as Related to Negotiable Instruments, Bonds to Secure Private Obligations, Official and Judicial Bonds Surety Companies.
Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle
Limitations Upon The Power Of The Legislature To Control Political Parties And Their Primaries, Alonzo H. Tuttle
Michigan Law Review
The convention system of nominating candidates for public office is, in a great degree, peculiar to the United States. England has in recent years borrowed in part our caucus, but as late as 1893, a writer in the American Law Regisieri says: "A nomination is made in the British dominions by a paper filed by one person and one or a very few seconders." Nor have we always had the convention system here. The first national nominating convention was held in Baltimore, by the anti- Masonic party, on September 26, 1831.
Recent Important Decisions, Michigan Law Review
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 …
Recent Important Decisions, Michigan Law Review
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 …
Recent Legal Literature, Floyd R. Mechem, Floyd R. Mechem
Recent Legal Literature, Floyd R. Mechem, Floyd R. Mechem
Michigan Law Review
Daniel: A treatise on the Law of Negotiable Instruments; Voorheis: A Treatise on the Law of the Measure of Damages for Personal Injuries
Note And Comment, Michigan Law Review
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;
Note And Comment, Michigan Law Review
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 Legal Literature, Floyd R. Mechem, Floyd R. Mechem
Recent Legal Literature, Floyd R. Mechem, Floyd R. Mechem
Michigan Law Review
Daniel: A treatise on the Law of Negotiable Instruments; Voorheis: A Treatise on the Law of the Measure of Damages for Personal Injuries