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Articles 20521 - 20550 of 21856

Full-Text Articles in Law

Admission To The Bar, Edwin C. Goddard Feb 1918

Admission To The Bar, Edwin C. Goddard

Articles

This article is written in the belief that the hour is here when some changes in admissions to the bar should be urged and urged again, when some things often thought and discussed in certain assemblies should be openly and frankly talked over with the profession at large.

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Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin Feb 1918

Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin

Michigan Law Review

The discussion here has to do with the earnings of corporations as taxable income, whether such earnings remain in the hands of the corporation accumulating them, or are distributed to the stockholders as dividends, the inquiry being limited, however, to the question of the time of their accrual as affecting their taxability.

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Recent Important Decisions, Michigan Law Review Feb 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Taxation - Public Purpose - Rev. St. Me. 1903, c. 4, sec. 87, authorized any municipality to establish a permanent wood, coal, and fuel yard for the purpose of selling wood, coal, and fuel to its inhabitants at cost. Held, not to violate the Fourteenth Amendment. Jones v. City of Portland (U. S., 1917), 38 Sup. Ct Rep. 112.

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Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee Feb 1918

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee

Michigan Law Review

Inducing Breach of Agreement by Employees Not to Join a Labor Union, in Order to Compel Unionization of Plaintiff's Business - In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 6s, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to …

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Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney Feb 1918

Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney

Michigan Law Review

If there is a living American qualified to prepare material for the student of future interests probably law teachers would agree that Professor Kales is the man. He has written a book on Future Estates in Illinois which has made a distinct impression on the law of that state and is recognized elsewhere as a sound and scholarly treatise. He has taught the course on future interests and illegal restraints at Northwestern University Law School for many years, and last year gave the same course at Harvard.

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Class History: Law Class Of 1918, University Of Michigan Jan 1918

Class History: Law Class Of 1918, University Of Michigan

Yearbooks & Class Year Publications

Summary of the experience of the 1916 Law Class.

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Logic V Common Sense In Pleading, Nathan Isaacs Jan 1918

Logic V Common Sense In Pleading, Nathan Isaacs

Michigan Law Review

Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that

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Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client - Contracts Restricting Settlement by Client - A contingent fee agreement made by an attorney with his client provided that the attorney should have a lien for his services on the amount received by reason of the claim, and also that neither party should compromise the claim without the consent of the other. The plaintiff brought suit for the amount of his services against the defendants in the prior suit, who admitted receiving notice of the above agreement. Held, an agreement prohibiting a client from settling a case without the attorney's consent is void as against public …

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Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accretion - Title to New Land - Certain lots in Section 31 bounded on one side by a river and on the opposite side by a section line were slowly eaten away and submerged by the action of the water. By this process the river was carried beyond the section line into Section 3o onto the land of P. After a time the river again shifted and gradually restored P's land and built new land in Section 31 where the above mentioned lots had been. As against D who had acquired tax deeds to the new land in Section 31. …

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Front Matter, Michigan Law Review Jan 1918

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 16, Issue 7 of Michigan Law Review.

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Contract Of Infant--Evidence, Competency Of Witness Under Survivorship Statute, Victor H. Lane Jan 1918

Contract Of Infant--Evidence, Competency Of Witness Under Survivorship Statute, Victor H. Lane

Articles

Two questions are presented by the case of Sigiaigo v. Signaigo, (Mo. 1918), 205 S. W. Rep. 23: First, the enforcibility of the contract of an infant, fully performed by her, to live with a man and his wife as their adopted child so long as they should live, in consideration that the infant should have all the property of the foster parents upon their death; and Second, the competency of the consenting mother of the infant to testify in support of the infant's claim.

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Contingent Gifts And Incorporation By Reference, John R. Rood Jan 1918

Contingent Gifts And Incorporation By Reference, John R. Rood

Articles

The courts have had great difficulty in reconciling certain contingent gifts with the statutes requiring wills to be in writing duly executed. At first glance there appears no inconsistency, but in practice troubles accumulate.

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Public Utility Valuation - Going-Concern Value In Rate Making, Edwin C. Goddard Jan 1918

Public Utility Valuation - Going-Concern Value In Rate Making, Edwin C. Goddard

Articles

What is the effect of a city ordinance which proposes to a public utility company the terms on which it may dispose of its product to the users, but which is rejected by the company? As to a company not yet doing business it is clear that the ordinance when rejected becomes a mere legal nullity. It never was more than an offer that might ripen into a binding contract by acceptance. That it is by no means a nullity as to a utility actually operating in the city after the expiration of its franchise and as a mere tenant …

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Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake Jan 1918

Acquirement Of Title By A Willful Trespasser And Compensation For The Trespassee, Joseph H. Drake

Articles

The interaction of the basic maxim of substantive law, that no man may be deprived of his property without his consent, and the correlative maxim of adjective law, that the courts will give exact compensation for property taken or destroyed, together with the more or less mechanical rules of damages depending upon the form of action used, have in their outcome gone far toward justifying the somewhat grandiloquent utterance of our legal forbears of the seventeenth and eighteenth centuries, that the "Common Law is the perfection of human wisdom." The final stage in this development is shown in the late …

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The National Army Act And The Administration Of The 'Draft', Henry M. Bates Jan 1918

The National Army Act And The Administration Of The 'Draft', Henry M. Bates

Articles

In Arver v. U. S., and five similar cases attacking the validity of the so-called National Army Act of May 18, 1917, Public Statutes, No. 12, 65th Congress, c. -, - Stat. -. ) the Supreme Court unanimously sustained the validity of the Act so far as attacked. The contention that compulsory military service as provided in the Act is contrary to our fundamental conception of the nature of citizenship, and that such compulsion is repugnant to a free government and in conflict with the guaranties of the Constitution as to individual liberty, the Court disposed of summarily and completely …

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Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler Jan 1918

Effect Of Change Of Law Upon Obligation To Pay Rent, Ralph W. Aigler

Articles

In McCullough Realty Co. v. Laemmle Film Service, (Nov. 16, 1917), 165 N. W. 33, the supreme court of Iowa had occasion to pass upon a question which has become increasingly frequent with the spread of prohibition laws, namely, the effect upon the obligation of a tenant to pay rent, of a subsequent law that makes it unlawful for him to use the premises for the purpose for which he leased them. The case before the Iowa court was not one arising out of a lease of premises for saloon purposes, but the question involved was precisely the same, and …

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Child Labor Law Case, Commerce Power Of Congress And Reserved Powers Of The States, Henry M. Bates Jan 1918

Child Labor Law Case, Commerce Power Of Congress And Reserved Powers Of The States, Henry M. Bates

Articles

The decision in the Child Labor Law case, Hammer v. Dagenhart, - U. S. -, 62 L. ed. -, decided June 3, 1918, would have caused much less surprise twenty-five years ago than it did when announced last June, for it is based upon two constitutional provisions concerning which the much wider and more varied experience of the last quarter century had developed theories, better defined and sounder than those of the earlier period. Those two provisions are the Tenth Amendment regarding the powers reserved to the States and the Commerce Clause. There has been an astonishing amount of faulty …

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Re-Writing The Statute Of Frauds: Part Performance In Equity, Willard T. Barbour Jan 1918

Re-Writing The Statute Of Frauds: Part Performance In Equity, Willard T. Barbour

Articles

One of the most striking examples of judicial legislation is that process whereby courts of equity, from the end of the seventeenth century onwards, have in no small measure re-written the Statute of Frauds. Exception was added to exception until the doctrine kmown as "part performance" became firmly established. The doctrine was not evolved consistently and the basis of some applications of it is obscure. One who follows Sir Edward Frys admirable but futile attempt (Fry, SPECIFIC PERFORMANCE (ed. 5) §§ 580, ff.) to systematize the variant decisions of the English courts must feel doubtful whether any single theory will …

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Acquiring Jurisdiction Without Personal Service, Seizure Of Aid Of Statute, John R. Rood Jan 1918

Acquiring Jurisdiction Without Personal Service, Seizure Of Aid Of Statute, John R. Rood

Articles

It is often assumed that courts can acquire jurisdiction only by personal service to give jurisdiction in personam, or by a seizure to give jurisdiction in rem; but it is not so. The assumption is induced no doubt by the fact that in the ordinary common law actions jurisdiction is acquired in that way. Mr. Justice Field very distinctly pointed out in the case of Pennoyer v. Neff (1877), 95 U. S. 714, that it was not the fact that the land was not seized that rendered the judgment void. It was the fact that the land was not the …

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Performance Of An Existing Obligation As Consideration For A Promise, John B. Waite Jan 1918

Performance Of An Existing Obligation As Consideration For A Promise, John B. Waite

Articles

The dictum that if there be nothing in a rule flatly contradictory to reason the law will presume it to be well founded, and that the office of the judge is "jus dicere and not jus dare", is responsible for much agony of construction and tortious logic on the part of courts torn by desire to evade it in the interest of modern ideas of right. There is a trilogy of accepted legal principles which it has been particularly difficult for the courts to adhere to in spirit or to repudiate in letter. They are the propositions, that for a …

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Inducing Breach Of Agreement By Employees Not To Join A Labor Union, In Order To Compel Unionization Of Plaintiff's Business, Horace Lafayette Wilgus Jan 1918

Inducing Breach Of Agreement By Employees Not To Join A Labor Union, In Order To Compel Unionization Of Plaintiff's Business, Horace Lafayette Wilgus

Articles

In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 65, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to continue in plaintiff's employment if they joined the Union, this agreement being fully known to defendants,-secretly to agree to join the …

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Some Aspects Of Fifteenth Century Chancery, Willard T. Barbour Jan 1918

Some Aspects Of Fifteenth Century Chancery, Willard T. Barbour

Articles

IT is now more than thirty years since Justice Holmes in a brilliant and daring essay set on foot an inquiry which has revealed the remote beginnings of English equity. Equity and common law originated in one and the same procedure and existed for a long time, not only side by side, but quite undifferentiated from each other. Their origin is to be found in the system of royal justice which the genius of Henry II converted into the common law; but this royal justice was in the beginning as much outside of, or even antagonistic to, the ordinary judicial …

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Insurance Policies As Assets In Bankruptcy, Evans Holbrook Jan 1918

Insurance Policies As Assets In Bankruptcy, Evans Holbrook

Articles

The Supreme Court of the United States, in the recent case of Cohen v. Samuels, 38 Sup. Ct. 36, has put an end to a method, approved by some of the lower Federal Courts, whereby a person could create a fund which would be completely under his control but which would nevertheless be protected against any claim on the part of his trustee in bankruptcy. The circumstances in the principal case were as follows: Samuels had taken out ordinary life insurance policies, with the usual provisions as to loan and surrender values, payable to certain of his relatives as beneficiaries, …

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Joy Riding, Simple And Compound, Edgar N. Durfee Jan 1918

Joy Riding, Simple And Compound, Edgar N. Durfee

Articles

The wrongful use of another's automobile, even though accompanied by a trespassory taking, cannot, if followed by a return to the owner or an abandonment, be easily brought within the definition of larceny at common law or under the ordinary larceny statutes, because of the requirement of intent to deprive the owner permanently of his property. Smith v. State, 146 S. W. 547; State v. Boggs (Iowa, 1917), 164 N. W. 759; McClain, Criminal Law, § 566. Of course, such intent, at the time of taking, might be found in spite of return or abandonment, though it is doubtful whether …

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When Is A Preferential Transfer 'Required' To Be Recorded? , Evans Holbrook Jan 1918

When Is A Preferential Transfer 'Required' To Be Recorded? , Evans Holbrook

Articles

The BANKRUPTCY ACT of 1898 (as amended in 1903 and 1910), after defining a preference, provides in § 60b that preferences made under certain circumstances may be recovered from the preferred creditor if the latter had "reasonable cause to believe" that a preference was to be effected "at the time of the transfer * * * or of the recording or registering of the transfer if by law recording or registering thereof is required," such time being within four months before bankruptcy. Bankrupcty courts have for years been vexed with the question: When is a transfer "required" to be recorded …

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The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook Jan 1918

The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook

Articles

Since Sturgis v. Crowninshield, 4 Wheat. 122, it has been clear that State Insolvency Laws were valid (within certain well-defined limits) during the non-existence of a Federal Bankruptcy Act, and that upon the enactment of a Federal Bankruptcy Act the State laws were superseded and suspended so far as they were in conflict with the Federal legislation. The difficulty has been in determining when there was such conflict, and it has arisen in various ways. For instance, the Federal Bankruptcy Act permits any natural person to become a voluntary bankrupt, but provides that no involuntary proceedings shall be taken against …

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Interstate Commerce Commission - Intrastate Rates, Edwin C. Goddard Jan 1918

Interstate Commerce Commission - Intrastate Rates, Edwin C. Goddard

Articles

The marvelous possibilities for collision between State and Nation involved in our dual form of government are nowhere better or more often exhibited than in commerce regulation. We have long been learning the definition of the commerce which the constitution gives Congress power to regulate. It is only recently that we are finding how this power reaches over into purely intrastate business done by a carrier also engaged in interstate commerce. That nearly all rail carriers are now engaged in such business, even when their lines are wholly intrastate, has been often illustrated under the Second Employer's Liability Act. In …

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Power Of The U.S. Supreme Court To Enforce Judgments Against States, Henry M. Bates Jan 1918

Power Of The U.S. Supreme Court To Enforce Judgments Against States, Henry M. Bates

Articles

Four and one-half centuries later the "sovereign state" of Virginia sued the "sovereign state" of West Virginia to recover a sum of money alleged to be due upon the agreement of West Virginia to assume its proportionate share of the debt of the old state of Virginia. The suit was brought in the Supreme Court of the United States, which after prolonged consideration rendered judgment for the plaintiff. No execution or other compulsory process was issued, however. But now after delays for various reasons and pretexts urged by West Virginia the court is compelled to face the problem of what …

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Training For A Profession--Law, Ralph W. Aigler Jan 1918

Training For A Profession--Law, Ralph W. Aigler

Articles

So long as human conduct and relations must accord with pre-established and determinable rules, the study of law, and the practice thereof, will be of absorbing interest. When we consider futher that our government is one of law, and the the positisions of highest responsibility therein are such that training in law is peculiarly desirable, it is not at all surprising that many young men have taken to the legal profession.

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Acquiring Jurisdiction In Garnishment Proceedings, John R. Rood Jan 1918

Acquiring Jurisdiction In Garnishment Proceedings, John R. Rood

Articles

Garnishment is a proceeding provided by statutes found in every state, for the purpose of laying hold of something belonging to a defendant or judgment debtor but actually in the hands of someone else, and appropriating it to pay the debt due from the defendant or judgment debtor. If the proceeding is instituted ancillary to a pending suit, and before judgment, it is a species of attachment. If it is issued ancillary to a judgment already recovered it is a species of execution. If the third person summoned as garnishee is merely bailee of property belonging to the judgment debtor …

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