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University of Michigan Law School

1906

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Full-Text Articles in Law

Recent Important Decisions, Michigan Law Review Dec 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …

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Some Contributions Of Psychology To The Conception Of Justice, James Tufts Dec 1906

Some Contributions Of Psychology To The Conception Of Justice, James Tufts

Michigan Law Review

The two general standpoints from which all attempts to define justice and rights proceed, are that of the individual and that of the social whole. From the standpoint of the individual, we have such principles as 'to every man according to his deserts,' or 'to every man according to his needs,' as well as the stubbornly surviving principle of natural rights, which is imbedded in our institutions even though discredited by philosophers. From the standpoint of society, we have the principle that justice means the determining of individual relations by the general order and the subordinating of individual to public …

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Recent Legal Literature, Edwin C. Goddard, Edwin C. Goddard, Edwin C. Goddard, Joseph H. Drake, Joseph H. Drake, Victor H. Lane, Victor H. Lane, Edson R. Sunderland Dec 1906

Recent Legal Literature, Edwin C. Goddard, Edwin C. Goddard, Edwin C. Goddard, Joseph H. Drake, Joseph H. Drake, Victor H. Lane, Victor H. Lane, Edson R. Sunderland

Michigan Law Review

Beale: The Law of Innkeepers and Hotels, including other Public Houses, Theatres, Sleeping Cars; Beale: The Law of Railroad Rate Regulation, with special reference to American Legislation; Moore: A Treatise on the Law of Carriers; Bernard: The First Year of Roman Law; Holland: The Elements of Jurisprudence; Wilcox: Foibles of the Bench; Wigmore (ed.): A Selection of Cases on Evidence for the Use of Students of Law; Fairlie: Local Government in Counties, Towns and Villages; Hirschl: Trial Tactics. A Treatment of the Methods of Conducting Litigation

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Delegation Of Authority By An Agent, Floyd R. Mechem Dec 1906

Delegation Of Authority By An Agent, Floyd R. Mechem

Michigan Law Review

I. DELEGATUS NON POTEST DELEGARI.-The appointment of an agent in any particular case is made, as a rule, because he is supposed by his principal to have some fitness for the performance of the duties to be undertaken. In certain cases his appointment is owing to the fact that he is considered, to be especially and particularly fit. The undertaking demands judgment and discretion, which he is supposed to possess; or it requires the skill and learning of an expert, which he assumes to be; or personal force and influence are desirable, and these the agent is thought to be …

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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

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Function Of The State University Law School, Andrew Alexander Bruce Nov 1906

Function Of The State University Law School, Andrew Alexander Bruce

Michigan Law Review

It is only where there is law that there is liberty, and where there is law there must be lawyers. In the countries where the lawyers are the fewest liberty is at the lowest ebb, an the dignity of the individual least regarded. Even if the modern industrial system should undergo a change, and the dream of the socialist were to be fulfilled, there would still be a demand for the legal arbiter, interpreter and counsellor, for socialism in its last analysis is merely a system under which human conduct and activity is everywhere sought to be controlled and regulated …

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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 …

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Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates Nov 1906

Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates

Michigan Law Review

A Spurious Law Course; Railroad Taxation in Michigan and Wisconsin; Surgical Operation on Minor Without Consent of Parent; The Power of Municipal Corporations to Grant Exclusive Privileges; Inheritance Taxes and the Right to Transfer and Inherit Property; The Sovereign Power of a State to Prevent Election Frauds; Original Jurisdiction of Supreme Court in Election Cases;

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Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage Nov 1906

Recent Legal Literature, Frank L. Sage, Victor H. Lane, James H. Brewster, Frank L. Sage

Michigan Law Review

Gray: Limitations of the Taxing Power, Including Limitations Upon Public Indebtedness; Lincoln: The constitutional History of New York from the Beginning of the Colonial Period to the Year 1905. Showing Origin, Development and Judicial Construction of the Constitution; The Law Association of Philadelphia. Addresses Delivered March 13, 1902, and Papers Prepared or Republished to Commemorate the Centennial Celebration of the Law Association of Philadelphia, Pennsylvania; Long: A Treatise on the Law of Domestic Relations; Shastid: How to Suppress a Malpractice Suit and other Medical Miscellanies; Huddy: The Law of Automobiles; Hill: Lincoln the Lawyer

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Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter Nov 1906

Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter

Michigan Law Review

I. To. United States Courts. 2. To State Courts. 3. To Military Courts. General Principles of Amenability-Courts and text writers not unfrequently enunciate as a general principle that military authority is subordinate to civil law. Accepted literally, the broad statement can be sustained by neither law nor precedent. The federal constitution provides for three kinds of military jurisdiction: (a) That known as Military Law, designed to be exercised both in time of peace and war and acquiring its authenticity from the acts of Congress prescribing army regulations and the rules and articles of war, as well as from the established …

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Recent Important Decisions, Michigan Law Review Nov 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--"Mining" includes Quarrying; Bankruptcy--Persons Entitled to Oppose Discharge; Banks and Banking--Right of Drawer of Check to Stop its Payment; Bills and Notes--Trustees for Benefit of Creditors as Holders in Due course--Pre-Existing Debt Constitutes Value; Building Contracts--Provisions for Extra Work--Powers of Architect; Common Carriers--Delay Co-Operating with Act of God; Contracts--When a Breach on the Part of One party to a Contract Entitles the Other to Rescind; Criminal Law--Former Jeopardy; Damages--Recovery for Gratuitous Services; Deeds--Estate Granted--Conflict Between the Habendum and the Granting Clauses; Equity--Wills--Precatory Trust; Foreign Corporations--Statute Revoking License on Removal of a Cause to Federal Court; Husband and Wife--Purchase by Wife …

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Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D. Jun 1906

Note And Comment, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland, Reuben H. Hunt, L. L. D.

Michigan Law Review

The Federal Courts and Local Law in Porto Rico; The Investigation of Corporate Monopolies; Compelling the Production of Corporation Books and Papers; Goods Damages by Act of God Because of a Carrier's Negligent Delay; The Effect of Dogmatic Changes Upon the Legal Status of a Church; Bays and Gulfs as Territory of the Adjoining Nation;

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Supreme Court And Unconstitutional Acts Of Congress, Edwin S. Corwin Jun 1906

Supreme Court And Unconstitutional Acts Of Congress, Edwin S. Corwin

Michigan Law Review

The power of the Supreme Court of the United States to supervise Congressional legislation has been so generally assumed in the recent discussions, both in and out of Congress, of the proposed Rate Bill, and is indeed so apparently settled today that it becomes of interest to inquire into the intention of the Constitutional Fathers in this matter. Did the Fathers intend that the federal judiciary should have the right to declare an act of Congress of no effect because transgressing constitutional limits? It does not detract from the interest of this question that two recent authorities who attempt to …

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Validity Of Contracts Between Corporations Having Common Directors, Harold M. Bowman Jun 1906

Validity Of Contracts Between Corporations Having Common Directors, Harold M. Bowman

Michigan Law Review

Among many who heed the results of the examinations into the methods of trust, corporation and extensive financial activities, there is a conservative belief that improvement is to be secured not by sweeping alterations in legislation, or revolutionary conversions in public opinion, but by persistent and skillful reformation of the detail of law itself. The recommendations of the Armstrong insurance committee of New York bear adequate witness to this fact. But it is interesting to note that most of the recommendations have been addressed to executive and legislative authority, not to the judiciary. This is but natural, considering the purposes …

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Recent Important Decisions, Michigan Law Review Jun 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …

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Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake Jun 1906

Recent Legal Literature, Henry C. Adams, G. E. Woodard, Horace Lafayette Wilgus, Joseph H. Drake

Michigan Law Review

Parsons: The Heart of the Railroad Problem. The History of Railroad Discrimination in the United States. The Chief Efforts at Control and the Remedies Proposed, with Hints from Other Countries; Williston: Wald's Pollock on Contracts (3rd ed.); Erwin: A Summary of Torts; Pingrey: A Treatise on the Law of Extraordinary, Industrial and Interstate Contracts; Leage: Roman Private Law. Founded on the "Institutes" of Gaius and Justinian; Girard: A Short History of Roman Law; Longsdorf (ed.): Current Law, a complete Encyclopedia of New Law

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Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr Jun 1906

Is One Claiming Title Under A Quitclaim Deed A Bona Fide Purchaser, L. W. Carr

Michigan Law Review

In considering this question two primary considerations are presented at the outset, (I) what is meant by a quitclaim deed, and (2) what constitutes a bona fide purchaser. The quitclaim, as used in the law of conveyancing in the United States, is ordinarily treated as analogous to the old English deed of release, but the latter could operate only when the vendee was already the owner of an estate in the land, while the former is recognized as an original conveyance. The usual operative words are "remise, release, and forever quit claim." Frequently a covenant against incumbrances by the grantor …

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Recent Important Decisions, Michigan Law Review May 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …

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Exchange Of Stock For Capitalized Profits, H. S. Richards May 1906

Exchange Of Stock For Capitalized Profits, H. S. Richards

Michigan Law Review

The judgment of Vice Chancellor Pitney in the somewhat recent case of See v. Heppenheimer is of more than usual importance on account of the nature of the interests involved, and the advanced position taken on the perplexing question of watered stock. Extensive notes on the case have appeared in legal periodicals, yet it would seem, in view of the doctrines announced, that more extensive comment will be profitable. The particular case is one of a series of suits growing out of the failure of the so-called "Straw Board Trust." In this particular case, See, as receiver of the Columbia …

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Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble May 1906

Doctrine Of The Federal Courts As To The Validity Of Irregular Municipal Bonds, Charles L. Dibble

Michigan Law Review

The power to issue negotiable bonds is not identical with the power to become indebted, though usually concomitant with it; for municipal indebtedness may be incurred--by the issue of warrants or non-negotiable notes. The power to become indebted is not an inherent power of American municipalities. It is conferred by the state, either expressly, or by implication as being a necessary or reasonable agent in the execution of other powers expressly conferred; and the limits of the doctrine of implication are in dispute. But with the power to become indebted this paper is not concerned. Similarly the power to issue …

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Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman May 1906

Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman

Michigan Law Review

Is a Divorce Granted Where One Only of the Parties is domiciled Entitled to Full Faith and Credit?; Laibiltiy of Water Companies for Fire Losses; Diversion of Subterranean Percolating Waters; Women as Notaries Public;

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Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus May 1906

Recent Legal Literature, Harry B. Hutchins, Victor H. Lane, John R. Rood, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Horace Lafayette Wilgus

Michigan Law Review

Bigalow: Centralization and the Law; Ridges: Constitutional Law of England; Kales: Conditional and Future Interests and Illegal Conditions and Restraints in Illinois; Beale: The Law of Foreign Corporations and Taxation of Corporations, Both Foreign and Domestic; Clephane: The Organization and Management of Business Corporations; Frost: A Treatise on the Incorporation and Organization of Corporations, Created Under the "Business Corporation Acts" of the Several States and Territories of the United States; Whitten (ed.): Yearbook of Legislation, 1904

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Recent Important Decisions, Michigan Law Reivew Apr 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …

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The Compensation Of Medical Witnesses, Harry B. Hutchins Apr 1906

The Compensation Of Medical Witnesses, Harry B. Hutchins

Michigan Law Review

The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt. But there are limitations upon the general rule, some based upon principles of legal policy and some upon …

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Nature And Extent Of An Agents Authority, Floyd R. Mechem Apr 1906

Nature And Extent Of An Agents Authority, Floyd R. Mechem

Michigan Law Review

§ I. PURPOSE of THIS PAPER.-It has been seen in another place how the relation of principal and agent may be created and how it may be terminated. The purpose of creating the agency is to confer authority upon the agent,--to clothe him to a greater or less extent, and for a shorter or longer period, with a portion of that power with which nature and the laws of society have invested the principal. For the time being, and in some capacity, the principal has another self, who, by his will and act, is invested with the power to speak …

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Recent Legal Literature, Edson R. Sunderland, Edson R. Sunderland, Harry B. Hutchins Apr 1906

Recent Legal Literature, Edson R. Sunderland, Edson R. Sunderland, Harry B. Hutchins

Michigan Law Review

Clementson: A Manual Reletaing to Special Verdicts and Special Findings; Wharton: A Treatise on the conflict of Laws, or Private International Law; Lile, Redfield, Wambaugh and Wheeler: Brief Making and the Use of Law Books; Pomroy: Pomroy: Pomeroy's Equitable Remedies (supplementary to Pomeroy's Equity Jurisprudence); McLaughlin: The Confederation and the Constitution, 1783-1789

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Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates Apr 1906

Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates

Michigan Law Review

Liability of Principal for Mistake or Fraud of Agent; Contracts by Correspondence; The Police Power and city ordinances for the disposal of Garbage; Restriction Upon the Right of a Carrier to Deal in Commodities Transported by It;

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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; …

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Note And Comment, Henry M. Bates, Harry B. Hutchins, Ralph E. Jenney, Charles L. Dribble, Charles H. L'Hommedieu Mar 1906

Note And Comment, Henry M. Bates, Harry B. Hutchins, Ralph E. Jenney, Charles L. Dribble, Charles H. L'Hommedieu

Michigan Law Review

Internal Revenue Tax on State Dispensaries Upheld; What is the Practice of Medicine?; Appeals from Decrees for Costs; The Hearst Election Contest; The Lapse of a Legacy to a Deceased Child; Unsightly Advertisements and Billboards

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Recent Important Decisions, Michigan Law Review Mar 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arbitration and Award--By-Laws of Board of Trade--Ousting Courts' Jurisdiction; Bills and Notes--Accommodation Indorsement--Conflict of Laws; Bills and Notes--Material Alteration; Common Carriers--Duty to Notify Passenger of Arrival at His Destination--Must Awaken Sleeping Passenger if His Destination is Known; Constitutional Law--Anti-Trust Laws--Equal Protection of the Laws; Constitutional Law--Insurance--State Statutes Prohibiting Combinations Among Insurance Companies--Do Not Violate Fourteenth Amendment; Constitutional Law--Prosecution by Information due Process of Law; Contracts--Agreement to Employ Only Members of a Certain Union; Contracts--Public Policy--Location of Depots; Corporations--Reduction of Stock--Equitable Relief--Powers of Officers; Corporations--Suit by Stockholders--Refusal of Directors to Sue; Corporations--Suit in Stockholders' Names--Device to Confer Jurisdiction on Federal Courts; …

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