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Articles 1 - 30 of 74
Full-Text Articles in Law
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray
Note And Comment, Edson R. Sunderland, Ralph W. Aigler, John C. Murray
Michigan Law Review
Release from Liability for Death by Wrongful Act; The Power of a City to Acquire or Build Subways; Constitutionality of Legislation Designating Time and Manner of Payment of Wages; Priority in Bankruptcy Between Wage Claims and Valid Liens;
The Establishment Of Judicial Review (I), Edwin S. Corwin
The Establishment Of Judicial Review (I), Edwin S. Corwin
Michigan Law Review
When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks and Banking--Authority of Cashier--When Knowledge of Cashire is Not Imputed to Bank; bills and Notes--Title to Personality Retained as Collateral Security--Right of Transferee; Boundaries--Fences--Ejectment--Champerty; Charities--Religious Corporations--Torts--Respondent Superior; Constitutional Law--Due Process--Regulation of Railroad; Constitutional Law--Interstate Commerce--Use of Automatic Couplers--Police Power; Corporations--Monopolies--Collateral Contracts--Defenses; Damages--Breach of Contract--Measure of Damages; Damages--Fright Producing Miscarriage--Trespass; Deeds--Privy Examination of Marries Women Over Telephone; Estoppel--What Constitutes; Evidence--Admissibility of Declaration of Pain and Suffering; Fire Insurance--Waiver of Conditions by Agent; Husband and Wife--Right of Wife to Sue for Alienation of Husband's Affections; Judgments on the Merits, What Constitutes--Form--Nonsuit; Landlord and Tenant--collapse of Building--Liability of Tenant; Master and Servant--Acts …
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem
Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem
Michigan Law Review
In general-While it is well settled that the principal or master is responsible to third persons for the negligent act of his servant or agent, committed within the scope of his authority, it has been held in many cases that he is not liable for the agent's wilful or malicious act. In the language of Judge Cowen, which fairly states the doctrine of these cases, "the dividing line is the wilfulness of the act." It is perhaps not strange that a distinction in the master's responsibility for negligent acts and for wilful acts should constantly present itself. The very idea …
Book Reviews, Jerome C. Knowlton, Victor H. Lane, Joseph H. Drake
Book Reviews, Jerome C. Knowlton, Victor H. Lane, Joseph H. Drake
Michigan Law Review
Tucker: Contracts in Engineering; Osborn: Questioned Documents--A Study of Questioned Documents with an Outline of Methods by which the Facts may be Discovered and Shown; Scott (ed. and trans.): The Visigothic Code (Forum Judicum)
A Recent History Of English Law, Arthur Lyon Cross
A Recent History Of English Law, Arthur Lyon Cross
Michigan Law Review
In 1607, if his own word can be behaved, "tough old Sir Edward Coke," that monster of legal learning, told King James I "that causes which concern the life, or inheritance, or goods, or fortunes of his subjects are not to be decided by natural reason, but by the artificial reason and judgment of the law, which requires long study and experience before a man can attain to the cognizance of it." The celebrated Sir John Fortesque, when pressed on one occasion in the reign of Henry VI by the legal absurdity of a distinction he was laying down as …
Some Historical Matter Concerning Trade-Marks, Edward S. Rogers
Some Historical Matter Concerning Trade-Marks, Edward S. Rogers
Michigan Law Review
Most of the text books on the subject of trade marks begin with the case of Southern v. How, and either expressly assert, or by implicating convey the impression that trade marks are a comparatively modern thing, when, as a matter of fact few human institutions can boast a more respectable antiquity. The use of trade marks dates from the very earliest times of which we have any knowledge. The recent excavations in Asia Minor and in Egypt have revealed bricks bearing names which are supposed to be those of the manufacturers accompanied in many instances by devices. Roman bricks …
Note And Comment, Ralph W. Aigler, Arthur J. Abbott, John S. Prescott
Note And Comment, Ralph W. Aigler, Arthur J. Abbott, John S. Prescott
Michigan Law Review
The Law School; Validity of Legislation Limiting Hours of Labor For Women; Constitutionality of the New Jersey Statutes Providing for the Government of Certain Cities by Appointed Boards; Legal Consequences of Failure of a Foreign Corporation to Obtain Authority to Transact Business; Good Faith as Test of Common Law Marriage;
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Book Reviews, Joseph H. Drake
Book Reviews, Joseph H. Drake
Michigan Law Review
Erskine: The Elements of Jurisprudence; Eastman: Work-Accidents and the Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Authority of Attorney--Compromise; Attorney and Client--Disbarment--Reasonable Doubt; Bankruptcy--Corporations Subject to Involuntary Bankruptcy--Amendment of 1910; Bankruptcy--Following Trust Funds into Hands of Trustee in Bankruptcy; Bills and Notes--Notice by Mail--Proof of Mailing; Bills and Notes--Right of Drawee of Forged Check or Draft to Recover Money Paid Thereon; Boundaries--Line Between Riparian Owners; Boundaries--Monuments Give Way to Courses and Distances; Carriers--Limitation of Amount of Recovery in Case of loss of Baggage; Charities--Testamentary Trusts--Gift for Masses; Constitutional Law--Religious Liberty--Religious Exercises in Schools--Bible; Contracts--In Restraint of Trade--When Valid; Courts--Doctrine of Stare Decisis; Evidence--Admissibility of Confessions; Evidence--Admissibility of Market Quotations; Executors and Administrators--Denial of Application …
Liability For Accidents In Aerial Navigation, Simeon E. Baldwin
Liability For Accidents In Aerial Navigation, Simeon E. Baldwin
Michigan Law Review
It cannot be long before the American courts will be called upon to decide whether, under the principles of the common law, aeronauts, who cause damage by a descent to the earth, are liable at all events, or only when chargeable with negligence or want of skill. Is there a right to navigate the air, corresponding to the right to navigate the sea? ·
The Reasons For Some Legal Fictions, Sidney T. Miller
The Reasons For Some Legal Fictions, Sidney T. Miller
Michigan Law Review
In this age of fact, fancy is at a discount. Consequently legal fictions, which required the play of some fancy in their beginning, have fallen not only into disuse but also into disfavor. Many of them, however, have done good work in the past, and some are doing it now. Therefore it may not prove uninstructive to consider some in a discursive way. A legal fiction is probably best defined as "a legal assumption that something is true which is, or may be, false-being an assumption of an innocent and beneficial character, made to advance the interests of justice."1 From …
Unwary Purchaser, Edward S. Rogers
Unwary Purchaser, Edward S. Rogers
Michigan Law Review
Anyone who has occasion to examine the cases involving trade mark infringement and other forms of unfair trading by the imitation of names, labels, packages and the like, must at once be struck by their irreconcilable conflict. While, of course, the facts in no two cases are alike, this diversity cannot account for the variance in result. The rule of law to be applied is not seriously disputed. The Lord Ordinary's definition of infringement, in Smith v. Carron, 13 R. P. C. 109, III, can hardly be improved upon: "A trade mark is infringed when goods are sent into the …
The Harter Act And Its Limitations, I. L. Evans
The Harter Act And Its Limitations, I. L. Evans
Michigan Law Review
Prior to 1893 vessel owners attempted to limit their liability by inserting restriction clauses in bins of lading. These stipulations were recognized and upheld by the English courts, but not to so great an extent by the American courts. This attempted limitation of liability by shipowners led up to the passage of the so-called "Harter Act," February 13, 1893.
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Note And Comment, Horace Lafayette Wilgus, Horace Lafayette Wilgus, Ralph W. Doty, Lee M. Gordon
Michigan Law Review
State Regulations Affecting Interstate Commerce; Rules of Procedure and Substantive Law Governing the United States Court for China; What Is Interstate Commerce?; Waiver of Conditions in Insurance Policy by Knowledge of Agent Where Policy Attempts to Provide the Only Way in Which Waiver Shall Take Place; The Right of a Trustee in Bankruptcy to Sue for Injuries to the Bankrupt's Property;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …
Book Reviews, Joseph H. Drake, Horace Lafayette Wilgus, Henry M. Bates, Victor H. Lane
Book Reviews, Joseph H. Drake, Horace Lafayette Wilgus, Henry M. Bates, Victor H. Lane
Michigan Law Review
Loewy (trans): the Civil Code of the German Empire. As enacted on August 18, 1896, with the Introductory Statute enacted on the same date.; Parker (ed.): The Corporation Manual and Cyclopedia of Corporation Forms and Precedents; Wilcox: A Description of the Terms and Conditions upon which Private Corporations enjoy Special Privileges in the Streets of American Cities; Watkins: Shippers and Carriers of Interstate Freight; Wigmore: A Pocket Code of the Rules of Evidence in Trials at Law;
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Michigan Law Review
When Mr. Justice Nelson, in the New Jersey Steam Navigation Company v. Merchants' Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …
Note And Comment, Ralph W. Aigler, Thomas L. O'Leary, Harry W. Isenberg, Samuel R. Williams, Karl B. Goddard
Note And Comment, Ralph W. Aigler, Thomas L. O'Leary, Harry W. Isenberg, Samuel R. Williams, Karl B. Goddard
Michigan Law Review
Interstate Commerce and State Control of Foreign Corporations; Quantum of Evidence Necessary to Sustain a Plea of Justification, to a Civil Action of Libel or slander, for charging the Plaintiff with a Crime; Statutes Requiring the Appointment of Public Officers from Certain Political Parties; Proximate Cause; Police Regulation of the Business of Plumbing
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Lien--Settlement Pending Judgment; Bankruptcy--discharge--Liability Absolutely Owing; Bankruptcy--Partnership--Individual Estate of a Partner; Banks and Banking--Checks on Trust Funds--Deposit to Personal Account of Trustee--Liability of Bank; Banks and Banking--Deposit Slip Headed by Mistake in Another's Name--Bankbook Does not Control; Constitutional Law--freedom To Contract--Master and Servant--Regulating Hours of Service; Constitutional Law--Interstate Commerce--solicitation of Orders for Sale of Intoxicating Liquors; Criminal Law--Offenses by Drivers of Automobiles; Damages--Extent of Liability on Replevin Bond; Damages--What may be Considered in Mitigation in Action for Libel; Deeds--Delivery--Grantee's Name Blank; Equity--Injunction to Restrain Cutting of Timber--Policy of State; Federal Procedure--Removal of Causes--Fraudulent Joinder; Gaming--"Bookmaking"--Oral Bets; Garnishment--Set-off of …
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon
Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon
Michigan Law Review
The Right of Joint Adventurers, Holding All the Stock of a corporation, to a Dissolution and Accounting in Equity; Liability of Water Companies for Losses by Fire in Actions of Tort; Judgments as contracts and the Effect of Motive in Creating a Tort; Intervening Agency as an Element in Determining Proximate Cause; Application of Michigan Statute for the Benefit of Laborers and Materialmen on Public Works and the Right of Third Parties to Sue; Marketable Title;
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
Michigan Law Review
When the difficulties of the subject are fairly weighed it is not surprising that the problem of the basis by which the reasonableness of railroad rates may be tested continues to await a definite solution by the courts. The Interstate Commerce Commission has confessed its inability at present to decide upon those larger aspects of the question which arise when general schedules are under consideration. In its Annual Report for 1903, the Commission made appeal to Congress that provision be made, whether independently of the Commission or by an enlargement of its powers, for an authoritative valuation of railway property. …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Surety's Rights to Subrogation--Preferred Claim; Bills and Notes--Negotiability--Effect of Words "Not Transferable" Added to Negotiable Note; Bills and Notes--Transfer of Note by Indorsement--What Law Governs the Indorser's Contract; Boundaries--Private Way--Title to Fee--Presumption; Civil Rights--Equal Privileges--Place of Amusement--Advertising Material; Constitutional Law--Inequality--classification--Child Labor; Constitutional Law--Limitations on the Taxing Power--Convict-Made Goods--Equal Protection of Laws; Contracts--Real Estate Brokers--Oral Authorization for Sale of Land--Commissions; Criminal Law--Post Office--Fraudulent Use of Mails; Damages--Measure of, in Case of Wrongful Death; Damages--Mitigation of, in Action for Personal Injuries--Duty to Submit to Medical Operation; Deed of Standing Timber--Time of Removal; Divorce--Extent of Relief--Absolute Divorce; Divorce--Vacation of Decree--Perjured Testimony; Evidence--Offer to …
Book Reviews, Horace Lafayette Wilgus, Horace Lafayette Wilfus, Ralph W. Aigler
Book Reviews, Horace Lafayette Wilgus, Horace Lafayette Wilfus, Ralph W. Aigler
Michigan Law Review
Dill: The Statute and Case Law of the State of New Jersey, Relating to Business Companies, Under an Act Concerning Corporations (Revision of 1896) and the various acts amendatory thereof and supplemental thereto, with annotations and forms.; Machen, Jr.: A Treatise on the Modern Law of Corporations, with reference to Formation and Operation under General Laws; Wellman: Day in Court;
The Right To Engage In Interstate And Foreign Commerce As An Individual Or As A Corporation, Fred'k H. Cooke
The Right To Engage In Interstate And Foreign Commerce As An Individual Or As A Corporation, Fred'k H. Cooke
Michigan Law Review
There are two circumstances that seem to me to tend to obscure a discussion of the right to engage in interstate or foreign commerce. One is the existence of the constitutional provision conferring on Congress power to regulate such commerce; the other, the circumstance that such commerce is commonly carried on rather by corporations than by individuals. For the present, let us ignore these two circumstances, and assume the commerce clause to be non-existent; also, that all interstate and foreign commerce is carried on by individuals exclusively, and not at all by corporations. In short, let us transport ourselves pro …
An Experiment In Equalization, And Its Result, William Carpenter
An Experiment In Equalization, And Its Result, William Carpenter
Michigan Law Review
The legislature of the State of Michigan at its latest session, attempted to provide a remedy for the injustice often occasioned by the boards of supervisors in equalizing the assessment rolls of the several townships, wards and cities of their respective counties. For that purpose it passed Act No.292 of the laws of 19O9 amending secs. 34 and 37 of the general tax law. The act provides that any supervisor of any township or city who considers his township or city aggrieved by the action of the board of which he is a member, in equalizing the valuation of the …