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Articles 31 - 60 of 74
Full-Text Articles in Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Appeal and Error--Meaning of "Person Aggrieved"; Bankruptcy--dower Rights of Bankrupt's Wife; Bankruptcy--Mechanic's Lien--Set Off; Bills and Notes--Usury--when note is Void as to Both Principal and Interest; Boundaries--Meander Line--Riparian Rights; Citizenship--Marriage of Alien Woman to a Citizen--Naturalization; Constitutional law--Constitutionality of Office of Supreme Judge--Construction of State Constitution; Constitutional Law--Full Faith and Credit--Chancery Power to Affect Foreign Property; Constitutional Law--Police Power--License and Registration of Automobiles; Contracts--Restraint of Trade--Limitation as to Time; Damages--Breach of Warranty of Title--Attorney's Fees and Costs; Deeds--Support and Maintenance as Consideration--Condition Subsequent; Evidence--Crimes Affecting Credibility of Witnesses; Evidence--Letters Between Husband and Wife--Not Privileged in Hands of Third Parties; Husband …
The Late Ashley Pond, Michigan Law Review
The Late Ashley Pond, Michigan Law Review
Michigan Law Review
On January 12th last, Ashley Pond died at his home in Detroit in his eighty-third year. By his death the University has lost one of its oldest and most distinguished alumni. Mr. Pond was graduated from the Literary Department in 1854. After studying law for a little over two years, he was admitted to the Detroit Bar. At that Bar he continued to practice for about half a century, and when he died was its senior member. Mr. Pond's career is an example to every lawyer and an encouragement to every young man of humble origin and narrow means. When …
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, Horus Lafayette Wilgus, Edson R. Sunderland, John R. Rood
Book Reviews, Horus Lafayette Wilgus, Edson R. Sunderland, John R. Rood
Michigan Law Review
Hamilton: The Modern law of General Business Corporations in Michigan. Including commentaries and annotated acts with forms, the Consolidated Corporation Law, the Partnership Association, Limited, Law, the Foreign Corporation Law.; Archer: Law Office and Court Procedure; Minor: the Law of Real Property (Based on Minor's Institutes); Baldwin: The Law of Taxation in Michigan; Lile, Redfield, Wambaugh, Sunderland, Mason, and Cooley: Brief Making and the Use of Law Books, (2nd ed.);
Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes
Note And Comment, Edson R. Sunderland, Frederick H. Schmidt, John R. Rood, Ralph W. Aigler, Robert T. Hughes
Michigan Law Review
The Work of the Commissioners on Uniform State Laws; Some Difficulties of Code Pleading; Applicability of Ordinances to the Distribution of Liquors by Social Clubs; Capias in Execution Without Prior Order or Arrest; The Degree of Care Required in the Operation of a Scenic Railway; Who Can Complain of Ultra Vires Acquisition of Real Estate by a Corporation?; The Heinrich Brunner Memorial;
Book Reviews, Ralph W. Aigler, Joseph H. Drake
Book Reviews, Ralph W. Aigler, Joseph H. Drake
Michigan Law Review
Bordwell: The Law of War Between Belligerents: A History and Commentary; Underhill: A Treatise On the Law of Landlord and Tenant; Korkunov: General Theory of Law;
Topical Index To Recent Legal Literature, Michigal Law Review
Topical Index To Recent Legal Literature, Michigal Law Review
Michigan Law Review
No abstract provided.
Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright
Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright
Michigan Law Review
James Barr Ames; Necessity and Effect of a Theory; Subrogation to a Lien for Assessments or Taxes--Construction of the Negotiable Instruments Law; We are the Rights of the Vender of Good Will?; Attachments on Unliquidated Demands; Will a Marriage, Bigamous in Inception, Become Valid After the Death of the Undivorced Spouse?
Recent Important Decisions, Michigal Law Review
Recent Important Decisions, Michigal Law Review
Michigan Law Review
Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …
Cases On Suretyship, Robert E. Bunker
Cases On Suretyship, Robert E. Bunker
Books
A casebook with selected cases to aid the teaching of suretyship.
What Is Interstate Commerce?, Horace Lafayette Wilgus
What Is Interstate Commerce?, Horace Lafayette Wilgus
Articles
In the case of International Text-book Company v. Pigg, Advance Sheets May 1, 1910 (30 Sup. Ct. 481) the Supreme Court of the United States, decided April 4, 1910, that a "corporation engaged in imparting instruction by correspondence, whose business involves the solicitation of students in other states by local agents, who are to collect and forward to the home office the tuition fees, and the systematic intercourse between the corporation and its scholars and agents, wherever situated, and the transportation of the needful books, apparatus, and papers," is engaged in interstate commerce, and a state statute which makes the …
Book Reviews, Henry M. Bates, Joseph H. Drake, Evans Holbrook
Book Reviews, Henry M. Bates, Joseph H. Drake, Evans Holbrook
Michigan Law Review
Cooke: The Commerce Clause of the Federal Constitution; Various: Select Essays in Anglo-American Legal History. Volume 3.; Tiffany: A Handbook on the Law of Persons and Domestic Relations
Some Leading Principles Of Chinese Law, Gustavus Ohlinger
Some Leading Principles Of Chinese Law, Gustavus Ohlinger
Michigan Law Review
It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers' guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the …
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard
Articles
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 …
Canadian Legislation, 1909, George L. Clark
Canadian Legislation, 1909, George L. Clark
Articles
One of the most important matters of legislation enacted by the Canadian Parliament, during the session of 1909, was the law establishing the commission for the conservation of natural resources, (ch. 27, Statutes of Canada, 1909).
New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton
New Doctrine Concerning Contracts In Restraint Of Trade, Jerome C. Knowlton
Articles
Is a covenant in restraint of a particular trade and unlimited as to space against public policy and therefore void and unenforceable? Long ago an English judge, in speaking of the making of contracts, protested against arguing too strongly upon public policy. "It is a very unruly horse, and, when once you get astride it, you never know where it will carry you."1 Right he was and is, and the judge who would keep his saddle must be a good rider, for the horse shies badly on the way at every new condition in trade and commerce, occasioned by recent …
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Articles
Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a wide-spread …
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner
Articles
"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in progressive …
Corporation Liens On Stock, Edson R. Sunderland
Corporation Liens On Stock, Edson R. Sunderland
Articles
At common law a corporation had no lien upon its stock for assessments unpaid or for debts due it from its shareholders.6 There are therefore but four possible methods by which liens could be created in favor of the corporation upon the stock which it issues, (i) by statute, (2) by charter, (3) by by-law, (4) by contract.
Purchase Of Shares Of Corporation By A Director From A Shareholder, Horace Lafayette Wilgus
Purchase Of Shares Of Corporation By A Director From A Shareholder, Horace Lafayette Wilgus
Articles
It is generally laid down in the encyclopedias and text books, and affirmed in many court opinions that "the doctrine that officers and directors [of corporations] are trustees of the stockholders, applies only in respect to their acts relating to the property or business of the corporation. It does not extend to their private dealings with stockholders or others, though in such dealings they take advantage of knowledge gained through their official position."1 Much of this doctrine is based upon the language of Chief Justice SHAW in Smith v. Hurd2 decided in 1847. He said: "There is no legal privity, …
Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler
Validity Of Legislation Limiting Hours Of Labor For Women, Ralph W. Aigler
Articles
Public opinion and the development of social and economic thought are well read in the decisions, of the courts. An excellent illustration: of this is found in the recent case of Ritchie & Co. et al. v. Wayman, 244. Ill. 509, 91 N. E. 695, decided April 21, 1910.
The Right Of Privacy At Common Law, Henry M. Bates
The Right Of Privacy At Common Law, Henry M. Bates
Articles
It is quite evident that the question as to whether there is a right of privacy at common law must be met by the courts in most of our states in the not distant future, unless indeed the right is created or declared by the legislatures.
The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler
The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler
Articles
During the special session of Congress held the past summer there was enacted as an amendment to the new Tariff Law what is generally known as the Federal Corporation Tax.1 At the time of its consideration in Congress and since its enactment there has been considerable discussion regarding the constitutionality of the measure, and no little doubt has been expressed as to its validity.
James Barr Ames, James H. Brewster
James Barr Ames, James H. Brewster
Articles
Hardly shall one name another American lawyer whose death would be as widely felt as will be that of James Barr Ames. He passed away on January eighth in the sixty-fourth year of his age.
Attachments On Unliquidated Demands, John R. Rood
Attachments On Unliquidated Demands, John R. Rood
Articles
If the creditor should not have the aid of attachment to recover on unliquidated demands, why not? It is true that attachment as a security for the satisfaction of the judgment that may be recovered in an action pending or just commenced was unknown to the general common law of England, and existed only in a restricted form as a special custom of London and other places in the form of garnishment till it was introduced into the New England colonies by an early statute of Massachusetts, whence its utility commended it so that it was soon adopted in all …
President Harry Burns Hutchins, Edwin C. Goddard
President Harry Burns Hutchins, Edwin C. Goddard
Articles
No more striking proof of perfect confidence and high regard could be afforded than the unanimous sense of relief with which the news of the appointment of Harry Burns Hutchins as permanent President of the University was welcomed by his colleagues of all Departments, with whom he had for so many years been closely associated. Verily, he is not one without honor in his own country.
State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus
State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus
Articles
The line between regulations of intrastate and interstate commerce is difficult to draw and hard to maintain. This is well illustrated in the recent case of St. Louis Southwestern Railway Company v. Arkansas, decided by the Supreme Court of the United States April 4, 1910, Advance Sheets, May I, 1910, p. 476, 30 Sup.Ct. 476.
Some Difficulties Of Code Pleading, Edson R. Sunderland
Some Difficulties Of Code Pleading, Edson R. Sunderland
Articles
The common law system of pleading was founded upon the theory that issues of fact, representing the gist of the controversy between the contending parties to a suit, should be developed by the pleadings. In practice this was not always realized, for many fictions and legal conclusions obtained recognition as legitimate allegations, and upon them issues were formed which satisfied the courts. The most striking and familiar instance of this is found in the common counts. Here there is an allegation of indebtedness, which is a mere legal conclusion, and with this as a consideration a promise to pay is …
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Articles
Not infrequently the legislatures of various states have deemed it advisable to provide by law for the time and manner of payment of wages of men engaged in certain designated employments; and these laws have been the cause of considerable litigation. Their validity has been challenged mainly on the ground of deprivation of property without due process of law and denial of the equal protection of the law, the contention being that the refusal of the privilege of contracting for the manner and time of payment is a deprivation of liberty and property, and the classification of men in certain …
Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster
Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster
Michigan Law Review
The Right of Privacy at Common Law; Limitation of a Carrier's Liability for Negligence; Validity of Corporate By-Law Vesting in Directors the Discretionary Power of Denying Stockholders the Right to Examine the Corporate Books; A Single Action of Successive Actions for a Nuisance; Status of One Holding Office Under an Unconstitutional Statute; Two Recent Decisions Preventing the Presbyterian Re-Union