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Articles 20341 - 20370 of 21856

Full-Text Articles in Law

Law Of Oil And Gas, Iv, James A. Veasey Dec 1920

Law Of Oil And Gas, Iv, James A. Veasey

Michigan Law Review

This clause follows the grant, and is one of the most distinctive features of the modern oil and gas lease. Occasionally the duration of the lease is fixed by the granting clause; some times by a miscellaneous provision appearing therein. But generally speaking, the habenduin defines the term of the present-day oil and gas lease. At any rate a discussion of the legal effect of the habendum clause which now characterizes these instruments will involve the treatment of every important question which arises under this heading. At the outset we should observe that the clause is the direct result of …

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Constitutional Law In 1919-1920, Thomas Reed Powell Nov 1920

Constitutional Law In 1919-1920, Thomas Reed Powell

Michigan Law Review

This review aims to include all the decisions on constitutional questions rendered by the Supreme'Court of the United States during the October Term of court which began in October, i919, and ended in June, i92o.1 The treatment for the most part contents itself with exposition. The footnotes give references to articles and editorial notes in recognized law journals commenting on the cases here reviewed and on the more important constitutional decisions of other courts.2 The classification of the cases and the arrangement of topics are not satisfactory, but no alternative seems distinctly superior. A classification on the basis of the …

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Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek Nov 1920

Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek

Michigan Law Review

A recent writer has inveighed, not without some declamation, against the use of rhetoric in the field of law-making.1 But rhetoric finds a place, and often an unprofitable one, not only in legislation, but even in technical legal analysis. Metonymy (change of name) has often been pointed out. When we say that X is the owner of blackacre, what we mean is that X has certain legal advantages concerning blackacre; in other words, that X is the holder or dominus of claims (rights) and powers concerning certain land. Synecdoche (saying more or less than i' meant) is very commonly found; …

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Constitution Of The Empire Of Japan, George A. Malcolm Nov 1920

Constitution Of The Empire Of Japan, George A. Malcolm

Michigan Law Review

In the history of the Japanese people, five dates stand out above all others. They are 66o B. 'C., when, according to legendary account, the Empire of Japan was founded .by the Emperor Jinmu; 1853, when Commodore Perry, with an American squadron, anchored offside what is now Yokohama and caused the opening of Japan to foreign intercourse; 1867-1868, when there was a restoration'of the monarchy, marking the beginning of the Meiji Era of Constitutionalism; and 1889, when the Constitution of Japan was promulgated.

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Interest On Claims In Receivership Proceedings, Ralph E. Clark Nov 1920

Interest On Claims In Receivership Proceedings, Ralph E. Clark

Michigan Law Review

Outside the cases of receivership, the Supreme Court of the United States has said: "We reach the conclusion that whatever may have been the English and early American rule, the tendency in Virginia as elsewhere in this country, is to allow interest on contracts to pay money from the date that the debt becomes due."'

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Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler Nov 1920

Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler

Michigan Law Review

James H. Brewster - Thousands of alumni and former students of the Law School will learn with deep regret of the sudden death of Professor Brewster in Denver, Colorado, on October 7, 1920.

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Recent Important Decisions, Michigan Law Review Nov 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption - Right to Inherit from Foster Parents Not Lost by Readoption by Natural Father - In an adopted child's action against the natural children of foster parents and their assigns for the partition of real estate, where it appeared that the child had been re-adopted by the natural father, and where it appeared that she had stood by while the natural children sold the property to the co-defendants, it was held that the right to inherit from the foster parents was not lost by the readoption by the natural father and that she was nct estopped to assert her …

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The Constitution And Nationalism, Henry M. Bates Jul 1920

The Constitution And Nationalism, Henry M. Bates

Articles

Dean Bates comments on the alarming trend of nationalism in America: "Blind indeed must he be who supposes that our legal and political institutions can escape profound modification by those great changes in commercial, industrial, political and social conditions which, in part, were caused by the world war, but were greatly intensified by it.... No intelligent person, who has any knowledge of history and of the protection which local government has always given to human freedom, can fail to feel a deep and at times shuddering sense of apprehension at the rapidity with which we are massing our governmental power …

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Equitable Defenses Under Modern Codes, E W. Hinton Jun 1920

Equitable Defenses Under Modern Codes, E W. Hinton

Michigan Law Review

An equitable defense to a legal right of action involves a contradiction in terms. Either the equity is no defense at all, or it has become a legal defense.

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Law Of Oil And Gas, James E. Veasey Jun 1920

Law Of Oil And Gas, James E. Veasey

Michigan Law Review

The lessor hereby grants to the lessee, his heirs and assigns, the exclusive right to mine and produce from the following described land petroleum and natural gas, with possession of so much of such land as may be necessary for such purpose.

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Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson Jun 1920

Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson

Michigan Law Review

Equity, an Analysis of Modern Equity Problems Designed Primarily for Students. George L. Clark, SJ.D., Professor of Law, University of Missouri. E. W. Stephens Publishing Co., Columbia, Mo., igig. Pp. lii, 639.

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Recent Important Decisions, Michigan Law Review Jun 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes - "Fictitious Payee" - Payee a Person Not Intended to Have Any Interest - A member of a firm, authorized to sign the firm's name, made checks payable to an existing association, which he did not intend should ever gain possession of or have any interest in such checks, merely for the purpose of obtaining money for himself, which he did by unlawfully indorsing the association's name to the checks. The plaintiff firm now seek to recover the amount of the checks, charged to their account by the defendant bank, and the defense is that the payee …

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Salient Points In The German Constitution Of 1919, Simeon E. Baldwin Jun 1920

Salient Points In The German Constitution Of 1919, Simeon E. Baldwin

Michigan Law Review

The German Constitution of i919 is the production of the right wing of those belonging to the party known as the Social Democrats, and until the fall of the empire commonly called the International Socialist ,Party.

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Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page May 1920

Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page

Michigan Law Review

In common with other systems of law, Anglo-American law has grown in part by the use of analogies; and in part, by receptions from other systems of law.

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Book Reviews, Hessel Edward Yntema, Edwin C. Goddard May 1920

Book Reviews, Hessel Edward Yntema, Edwin C. Goddard

Michigan Law Review

To Joseph Story goes the credit of having introduced to American and to English law that field which he, following Ulric Huber, denominated the conflict of laws. It should not, however, be forgotten that behind Story lay at least six centuries of continental criticism upon which he drew for his materials. And it should be of peculiar interest to those trained in the Common Law to have pointed out the extent to which this most controversial of subjects was from the outset influenced by the practice of the courts. In the present monograph, originally written in celebration of the seventy …

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Joinder Of Actions, Edson R. Sunderland May 1920

Joinder Of Actions, Edson R. Sunderland

Articles

There is a further striking failure which must be charged to the legal profession in America, which grows out of the one just noted, and that is its ignorance of and indifference to improvements in procedural practice developed in other jurisdictions. It is safe to say that if a new method of treating cancer were discovered and successfully employed in England; every intelligent doctor in the world would almost immediately know about it and attempt to take advantage of it. But it is equally safe to say that if a new and successful method of treating some procedural problem were …

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Law Of Oil And Gas, James A. Veasey May 1920

Law Of Oil And Gas, James A. Veasey

Michigan Law Review

The questions heretofore considered are general in their scope, and were treated for the purpose of providing a background for the more intensive study upon which we must now enter. While commentators refer to this branch of jurisprudence as the "Law of Oil and Gas," it is more exact to say that .we are dealing with the law pertaining to oil and gas leases. This is true because the oil and gas lease characterizes and distinguishes the subject throughout. For reasons which inhere in the very nature of the business a lease yielding the lessor a royalty on the quantity …

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Power Of Congress To Declare Peace, Edward S. Corwin May 1920

Power Of Congress To Declare Peace, Edward S. Corwin

Michigan Law Review

In the course of the discussion which has been aroused in Congress by the proposal to declare hostilities with Germany at an end by joint resolution, Senator Thomas of Colorado has brought forward evidence showing that on one occasion the Convention which framed the Constitution voted down unanimously a motion to vest Congress with the power to "make peace." This evidence is good so far as it goes, but it does not support all of Senator Thomas's deductions from it, nor indeed has he given an altogether complete account of it. The proposal in question was made and rejected by …

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Recent Important Decisions, Michigan Law Review May 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Color of Title - Deed Color of Title Although Known not to Convey Title - In a suit for trespass the land which the plaintiff claimed to own was in part occupied by plaintiff's church building and the adjoining lot was used by the members of the church for hitching iheir horses and for picnics, etc. Both tracts had been so used by the plaintiff for twenty-five years or more. The land was conveyed by A to plaintiff, by deed recorded, describing the land purported to be conveyed. The defendant claimed that the deed did not operate …

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Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll May 1920

Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll

Michigan Law Review

The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.

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University Of Michigan Law School Annual Announcement 1920-1921 And Catalogue Of Students 1919-1920, University Of Michigan Law School Apr 1920

University Of Michigan Law School Annual Announcement 1920-1921 And Catalogue Of Students 1919-1920, University Of Michigan Law School

Law School Announcement and Bulletins

The Law School; Library; Directions to Candidates for Admission; Requirements for Admission; Admission as Candidate for a Degree; Combined Curriculum in Letters and Law; Admission of Special Students; Admission to Advanced Standing; Requirements for Graduation: Degrees; Regulations Applicable to All Degrees; The Law Curriculum; Fourth Year Course; Summer Session; The Practice Court; Public Speaking; Oratorical Associations; Fees and Expenses; Michigan Law Review; University Health Service; The Michigan Union; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of Study; Schedule of Work for 1920; Courses of Free Lectures; Graduates of 1919; Summary of Students;

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The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson Apr 1920

The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson

Articles

IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.

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Law Of Oil And Gas, James A. Veasey Apr 1920

Law Of Oil And Gas, James A. Veasey

Michigan Law Review

No thoughtful observer will presume to gainsay the all-important part which the oil business plays and will continue to play in the industrial, commercial and social life of the civilized world. Long before the great war this fact was deeply impressive, and was generally recognized. At the end of that conflict it was said with much truth that the Allies had floated to victory upon a sea of oil. Now, standing as we are at the threshold of a new era rich in industrial and commercial promise, no man can foresee nor even approximate the mighty expansion which will characterize …

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When Are Deeds Testamentary, Henry W. Ballantine Apr 1920

When Are Deeds Testamentary, Henry W. Ballantine

Michigan Law Review

It is no objection to a deed that it is used as a substitute for a will, to avoid the expense and delay of probate proceedings. The frequent litigation arising over such deeds, however, shows that this expedient is a* dangerous one unless the grantor uses great care to avoid certain snares and pitfalls which the law in its wisdom provides for the unwary. The grantor may attempt to accomplish his purpose either by express provisions embodied in the deed itself, or by external, collateral conditions, preserved by the delivery of the deed to a deposifory. This paper will consider …

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Recent Important Decisions, Michigan Law Review Apr 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accretion - Title to New Land - Encroachment of Watercourse Upon Lands Beyond - D's lands were bounded on the east by a river and on the west by the land of P. By erosion the river slowly shifted until all of D's tract was washed away as well as part of P's holding. The river then slowly receded and the land of P was built up as was also new land east of the former boundary of P and D. P brings an action to quiet title for the land newly formed. Held, title to the land in dispute …

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Book Reviews, John B. Waite, Ralph W. Aigler Apr 1920

Book Reviews, John B. Waite, Ralph W. Aigler

Michigan Law Review

The Negotiable Instruments Law Annotated by Joseph Doddridge Brannon, Professor of Law Emeritus, in Harvard University. Third Edition. The W. H. Anderson Company, Cincinnati, 1920, pp. lxvi, 662. That this is the third edition of this compilation, indicates a favorable reception by law book buyers. In this case the demand should not be confinned to lawyers, for the book would be of particular value to bankers and others of the lay world who have to deal with commercial paper. And for such readers, who seek practical information as to the characteristics and qualities of particular instruments as affected by the …

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Is The Assignee Of A Contract Liable For The Non-Performance Of Delegated Duties?, Grover C. Grismore Feb 1920

Is The Assignee Of A Contract Liable For The Non-Performance Of Delegated Duties?, Grover C. Grismore

Articles

IT is an oft recurring statement that "rights arising out of a contract cannot be transferred if they are coupled with liabilities." It is such obscure statements as this which give rise to and perpetuate error, and an examination of the cases will show that this one has been responsible for no little confusion in regard to the matter of assignment in the law of Contract. Our courts, under the pressure of a well filled docket, are prone to seize upon a broad generalization of this kind without examining its true meaning or defining its proper limitations. It is high …

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Writs Vs Rights An Unended Contest, Lyman P. Wilson Feb 1920

Writs Vs Rights An Unended Contest, Lyman P. Wilson

Michigan Law Review

It is desired in the following pages, even at the expense of repeajing much that is already common knowledge, to emphasize that as yet we are not done with the formulary system of the common law, despite the fact that codes of civil procedure in most of our states have purported to end the varied and interesting career of forms of action at common law by legislating them out of existence. However, that legislative edict has been about as effecttive as was the famous, but probably mythical, order of King Canute to the waves of the sea. Certain well-known illustrations …

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Fictitious Payee, Victor H. Kulp Feb 1920

Fictitious Payee, Victor H. Kulp

Michigan Law Review

It is proposed to discuss the doctrine that negotiable instruments with fictitious payees are deemed payable to bearer, and to note the conditions and limitations of the rule.

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Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard Feb 1920

Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard

Michigan Law Review

Deeds Delivered Conditionally to the Grantee - Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's …

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