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Full-Text Articles in Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks and Banking - Negotiable Instruments - Indorsement of Forged Check - Plaintiff, nowing that the one who signed the drawer's name was not the drawer herself, but not knowing further of signer's lack of authority, presented a check drawn on defendant bank in which bank the supposed drawer had an account but not sufficient to cover the check. The check was payable to plaintiff and indorsed by him and was placed to his credit in the bank. After discovering the forgery defendant charged tle check to plaintiff's account. Plaintiff objected to such charge. Held, that the defendant might repudiate …
Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus
Note And Comment, Edgar N. Durfee, Edwin C. Goddard, Horace Lafayette Wilgus
Michigan Law Review
Effect at the Situs Rei of a Decree Ordering Conveyance of Foreign Land - In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it w9uld a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union. the "full faith …
Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane
Note And Comment, Edson R. Sunderland, Evans Holbrook, Jospeh H. Drake, Ralph W. Aigler, Victor H. Lane
Michigan Law Review
The Law School- The year 1919-1920 opens with 336 sudents enrolled. These are classified as follows: Third year--85; second year--W; first year -149; special-s. As compared with 65 enrolled a year ago the present attendance is gratifying. Preliminary applscations point to a large number of entering students in February.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Boundaries - Property Conveyed - Half of "Lot" Street - Plaintiff and defendants own, respectively, the easterly and westerly halves of "lot 17" of a certain tract of land. Defendants' deed described the land conveyed to them as the "westerly one-half of lot 17" of said tract, according to a recorded map, which indicated that the western boundary of lot 17 is the center line of an avenue 6o feet wide. Plaintiff sues to quiet title to a strip of land i5 feet wide adjacent to the center line of said lot. Held, that the 3o-foot strip covered by the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Arrest - Right of Officer to Kill when Serving Warrant for Misdimeanor- Defendant-had a warrant for the arrest of one White, charging him with being drunk and disorderly. When the defendant served the warrant, White advanced upon him with an open knife. Although the defendant had a chance to escape through an open door, he shot and wounded White. In the prosecution of defendant for shooting and wounding White, it was held that the defendant was justified in shooting him. State v. Dunning (N. C., igig), 98 S. E. 530
Mutual Wills, Edwin C. Goddard
Mutual Wills, Edwin C. Goddard
Articles
SO LATE as 1822 Sir John Nicholl is reported to have said in Hobson v. Blackburn, that a mutual, or conjoint will is an instrument "unknown to the testamentary law of this country; or, in other words, that it is upknown, as a will, to the law of this country at all. It may, for aught that I know, be valid as a compact." In Darlington v. "Pulteney, Lord MANSFIELD said, "there cannot be a joint will." Following these distinguished and learned judges, Jarman and Williams in their classical treatises accepted the statement of Sir John, and some early American …
Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner
Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner
Michigan Law Review
Admiralty Rule of "Care and Cure" A Limit of Liability - One of the very ancient doctrines of the general maritime law is that a sailor injured in the service of the ship is entitled to care and cure at the expense of the ship, and to his wages, but nothing more in the nature of damages for negligence of the master or others of the ship's company. In the sixth article of the Rooles d'Oleron, for example, it is said,---"But if by the master's orders and commands any of the ship's company be in the service of the ship, …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Cemetaries - Civil Liabilities - Torts - Plaintiff sued defendant corporation for malicious prosecution by its sexton and secretary. Defendant was organized for cemetery purposes, not for profit, and without capital stock. The state general code provided that such an association might acquire and hold not exceeding one hundred acres of land, and also take any gift or devise, or the income thereof, in trust, "all of which shall be exempt from execution." Held, one justice dissenfing, under the maxim "expressio uniu, exclusio alterfus" the statute expressly excluded other property from execution. Hence defendant, though a charitable organization, was liable …
Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour
Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour
Articles
ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to …
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
Articles
THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency - Respondeat Superior as to Liability of a Lodge for Negligence of a Subordinate Lodge - The Birmingham Lodge used what was called a "branding board" for initiating new members. A current of electricity was turned on for the purpose of creating on the blindfolded candidate an impression that he was being branded. This was so effective that it killed- one candidate. Nothing daunted by this the lodge tried it on another candidate, fifteen minutes later, possibly to see if it was still working. It was, and the administrator of the estate of the second deceased candidate now sues …
Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee
Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee
Michigan Law Review
New Trials for Technical Errors - A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Following the decision of the United States Supreme Court that the Wilson Act did not affect interstate shipments of liquor until final delivery by the carrier, Rhodes v. Iowa, 170 U. S. 412, (898), Congress passed the Webb-Kenyon Act, 37 Stat. at L. 699 (1913). Meantime, in 1913, 35 Stat. at L. 1136, Sec. 239, it was enacted that it should be a penal offense for any carier or other agent, in connection with the interstate carriage of intoxicating liquors, to collect the purchase price from the consignee, or in any manner act as agent of buyer or seller, except …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Railroad Right of Way - Defendant, by deed, acquired. title to a right of way, fifty feet wide and fenced within four feet of the line. Plaintiff owned the adjoining tract and more than ten years befori this action was brought, planted fruit trees up to the fence. Held, the Statute of Limitations did not run against defendant as to the four foot strip. Beyer.. Chicago, R. I. & P. R. Co., (Ia. 918), A69 N.W. 651.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bailments - Carriers - Conversion - Trover by Bailee (A Common Carrier) Against a Third Person - On the facts as stated by the court of last resort it is often difficult to discover why any action should ever have been thought of, and impossible to see how the judgment of the trial court should have been in favor of the preposterous claim of the plaintiff. Such seems to be the case of Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co. (Ala. I918), 79 So. 387. Plaintiff carrier by mistake delivered cotton seed to defendant company. …
Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee
Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee
Michigan Law Review
Sales - Liability for the Presence of Mice and Other Uncommon Things in Food - A group of recent decisions presents a somewhat farcical conformity with Montesquiet'. thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.
The Scintilla Rule Of Evidence, Edson R. Sunderland
The Scintilla Rule Of Evidence, Edson R. Sunderland
Articles
In analyzing the reasons why "trial by jury has declined to such an extent that it has come in many cases to be an avowed maxim of professional action,--a good case is for the court; a bad case is for the jury,"-JUDGE DILLON, in his LAWS AND JURISPRUDENCE, pp. 130-2, credits "the false principle known as the scintilla doctrine" with a large degree of responsibility.
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Determinable Fee - Possibility Of Reverter, Edwin C. Goddard
Articles
Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Articles
In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it would a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union, the "full faith and credit" clause of the Constitution makes such enforcement of the foreign decree obligatory. …
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Sales: Liability For The Presence Of Mice And Other Uncommon Things In Food, John B. Waite
Articles
A group of recent decisions presents a somewhat farcical conformity with Montesquieu's thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.
Wills - Revocation By Judicial Legislation, Edwin C. Goddard
Wills - Revocation By Judicial Legislation, Edwin C. Goddard
Articles
Wills and their revocation as we know them are peculiarly the result of the actions and reactions of our common and statute law. We are sufficiently familiar with statutes, declaratory of the common law, in derogation thereof, and creating entirely new principles of law. We also know law the result of no legislative act. Whatever may or may not be admitted about court-made law, we see the undoubted fact that the great body of our law is the outgrowth of decisions applying to new conditions principles of law found in analogous cases, whereby the common law is able to adapt …
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson
Articles
The question of domicil under consular jurisdiction was discussed at some length by the present writer in an article which appeared in an earlier number of this review. See 17 MICH. LAW REV. 437-455. When that article was written some much quoted dicta and the decision of the Court of Appeal in Casdagli v. Casdagli, 87 L. J. P. 73, 79, indicated that according to the English rule a domicil of choice could not be acquired under consular jurisdiction. The author ventured to criticise that extraordinary rule from the point of view of the authorities and on principle. With regard …