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Articles 20671 - 20700 of 21856

Full-Text Articles in Law

Recent Important Decisions Apr 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Inquiry Concerning Justice, Floyd R. Mechem Mar 1916

Inquiry Concerning Justice, Floyd R. Mechem

Michigan Law Review

Justice, said Daniel Webster, "is the greatest interest of man on earth." Alexander Hamilton, in the Federalist, declared "Justice is the end of government. It is the end of civil society. It has ever been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit."

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Church Cemeteries In The American Law, Carl Zollmann Mar 1916

Church Cemeteries In The American Law, Carl Zollmann

Michigan Law Review

One of the most usual sights in any rural community in the United States is a church edifice with a cemetery in the immediate neighborhood. This condition of affairs, where a church society antedates the municipal corporation within whose limits it exists, can even occasionally be found in populous cities. Such cases, however, are fast disappearing. The demands of commerce and the doctrines of modern sanitation are too strong to be resisted. When a cemetery situated in the heart of a city is not abandoned on account of the monetary inducements held out by commercial interests, the law-making power of …

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Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat Mar 1916

Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat

Michigan Law Review

Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …

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Recent Important Decisions Mar 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Book Reviews, Willard Barbour, John R. Rood, John B. Waite Mar 1916

Book Reviews, Willard Barbour, John R. Rood, John B. Waite

Michigan Law Review

A collection of book reviews by multiple authors.

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Charter Amending Powers Of Cities Under Michigan Home-Rule Legislation, Robert R. Jacobson Feb 1916

Charter Amending Powers Of Cities Under Michigan Home-Rule Legislation, Robert R. Jacobson

Michigan Law Review

The recent development in Michigan of the idea of home-rule for cities and villages makes the relation of municipal to state government there a matter of particular interest at the present time. The constitution of 1908 provided that the legislature should pass general laws giving to cities and villages the power to construct their own charters.1 The next two assemblies both attempted to frame statutes in accord with this general provision, 2 but the decisions of the Supreme Court in a number of important cases showed that these acts failed of their purpose. Having found that under the constitution as …

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Courts In The Philippines Old New, David Cecil Johnson Feb 1916

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …

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Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge Feb 1916

Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge

Michigan Law Review

Recovery of the Purchase Price Before Title Has Passed - In an action recently instituted' by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and …

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Book Reviews, Henry M. Bates Feb 1916

Book Reviews, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.

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Recent Important Decisions Feb 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Recent Important Decisions Jan 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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A Definition Of Consideration, John B. Waite Jan 1916

A Definition Of Consideration, John B. Waite

Articles

COMPOSING general statements of law is at best a didactic pursuit rather than a practically useful one, however agreeable an occupation it may be. The particulars of the past are not evaded by statement of their essence, and courts tend to guide their rulings by analogy to specific precedents in preference to rules educed therefrom by however studious laymen. And, on the other hand, the general expressions and definitions, so called, formulated by courts themselves, often hastily and hap-hazardly, which have been followed by other courts, do more to confuse the law, and confute its real precision of statement, than …

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The Michigan Judicature Act Of 1915, Edson R. Sunderland Jan 1916

The Michigan Judicature Act Of 1915, Edson R. Sunderland

Articles

IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.

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Recovery Of The Purchase Price Before Title Has Passed, John B. Waite Jan 1916

Recovery Of The Purchase Price Before Title Has Passed, John B. Waite

Articles

In an action recently instituted by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and Shawhan v. Van Nest. 25 Oh. St. 490. The court …

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What Is The Outlook For The Lawyer?, Henry M. Bates Jan 1916

What Is The Outlook For The Lawyer?, Henry M. Bates

Articles

This is a question which is being asked with frequency and painful anxiety all over the country by young men expecting to go to the bar and by many who have only recently been admitted. To the veterna practitioner at the bar it may seem presumptuous that devoting his entire time and energy to law school work should undertake any sort of answer to the question thus propounded. Nevertheless, I venture to say the opportunities for studying and estimating the conditions and factors which must be taken into account in reaching and answer are in some respects quite good for …

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Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid Jan 1916

Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid

Michigan Law Review

Can a Manufacturer be Compelled to Sell? - The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sois Company, and Baiter & Cie v. O'Donnell, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more ways than one of maintaining prices. One of these is to refuse to sell to persons …

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Titles To Real Property Acquired Originally And By Transfer Inter Vivos, Ralph W. Aigler Jan 1916

Titles To Real Property Acquired Originally And By Transfer Inter Vivos, Ralph W. Aigler

Books

Many law teachers have felt that Titles should be the basis of the beginning course in Property. Although this volume appears as number three in a series of casebooks covering the law of Property, it is believed that the subject-matter of the volume, with possibly some shifts in order of the topics, is such that it may well be used in that way.

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The Sheriff's Return, Edson R. Sunderland Jan 1916

The Sheriff's Return, Edson R. Sunderland

Articles

When William the Conqueror found himself military master of Britain, he was confronted by a governmental problem quite different from that which has usually accompanied foreign conquest. He did not subdue a nation already organized, substituting his power for that of its former ruler in the conventional way of conquerors. Britain was a geographical unit but politically and socially it was a congeries of loosely related communities. The natural law of survival of the fittest normally operates upon peoples as upon individuals, and develops centralized power as a means of self-preservation. But Britain had a substitute for this. The sheltering …

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Mortgagee In Possession In New York And Michigan, Edgar N. Durfee Jan 1916

Mortgagee In Possession In New York And Michigan, Edgar N. Durfee

Articles

It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …

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Performance Of Legal Obligation As A Consideration For A Promise, John B. Waite Jan 1916

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

Articles

At a time when the true reasonableness of the common law and its responsiveness to the actualities of life are under criticism, it is interesting to find several cases, within the past year, affirming the old rule that performance of a legal duty is not consideration for a promise. In Vance v. Ellison, (V. Va.) 85 S. E. 776, suit was brought to enjoin the enforcement of a deed of trust executed by plaintiff to defendant, to secure payment of $1000 promised for legal services. It was admitted that when the deed was executed the defendant was already bound by …

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When Is A Preferential Transfer Required To Be Recorded?, Evans Holbrook Jan 1916

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

Articles

In the recent case of Carey v. Donohue, 36 Sup. Ct. 386, the Supreme Court of the United States has passed on a question that has for years been vexing the Circuit Courts of Appeals, namely: When is the recording of a preferential transfer "required" under § 60 of the'Bankruptcy Act of 1898 as amended in 1903 and 1910. § 60a (as amended in 1903) defines a preference as a transaction by which property of an insolvent debtor is transferred, within four months before his bankruptcy, in such a way that the debt owing to one of his creditors will …

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Estates In Fee Tail, Ralph W. Aigler Jan 1916

Estates In Fee Tail, Ralph W. Aigler

Articles

Quite generally estates in fee tail under the Statute de Donis were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied.

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Special Assessments Upon Cemeteries, Ralph W. Aigler Jan 1916

Special Assessments Upon Cemeteries, Ralph W. Aigler

Articles

Though the power to tax cemeteries would seem to be entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See COOLY, TAXATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, 139 IIl. 16, 28 N. E. 1076; Mullins v. Cemetery Assoc., 239 Mo. 681, 144 S. W. 109; Buffalo City Cemetery v. Buffalo, 46 N. Y. 503; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 51 Am. Rep. 809. It …

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Rule Against Perpetuities As Applied To Options, John R. Rood Jan 1916

Rule Against Perpetuities As Applied To Options, John R. Rood

Articles

Does the rule against perpetuities render unlimited options void? This is a question which the English courts answered affirmatively some thirty-five years ago; new aspects of the question have been frequently presented to those courts since that time, and conclusions not easy to reconcile have been reached. It is believed that the present status of the law in England is that an option is like any other interest in land, void if it may arise at too remote a time, otherwise not. This conclusion is based on the decision in Borland's Trustees v. Steel Bros. & Co. [1901] 1 Ch. …

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Taking Of Equitable Easements For Public Use, Edgar N. Durfee Jan 1916

Taking Of Equitable Easements For Public Use, Edgar N. Durfee

Articles

The case of Flynn v. New York &c Railway Co., decided by the Court of Appeals of New York in April last, involves the right of an owner of land to which is appurtenant a so-called equitable easement, arising under a covenant restricting the use of other land, to compensation upon the taking of the servient land for a public use inconsistent with the restriction. A tract of land was laid out in accordance with a plan, and all, lots therein were sold and conveyed by deeds containing covenants, inter alia, that, "No building or structure for any business purpose …

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Can A Manufacturer Be Compelled To Sell?, Henry M. Bates Jan 1916

Can A Manufacturer Be Compelled To Sell?, Henry M. Bates

Articles

The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sons Company, 220 U. S. 373, 31 Sup. Ct. 376, 55 L. Ed. 502, and Bauer & Cie v. O'Donnell, 229 U. S. 1, 33 Sup. Ct. 616, 58 L. Ed. 1041, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more …

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Indivdual Interests In The Domestic Relations, Roscoe Pound Jan 1916

Indivdual Interests In The Domestic Relations, Roscoe Pound

Michigan Law Review

It is important to distinguish the individual interests in domestic relations from the social interest in the family and marriage as social institutions. This social interest must play an important part in determining what individual interests in such relations are to be secured, how far they are to be secured and how they are to be secured. Yet its chief significance is not in connection with securing interests in the domestic relations against the rest of the world but rather in connection with the conflicting interests of the parties to such relations among themselves, the curtailments of normal legal capacity …

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Equity In Rem, Edgar N. Durfee Jan 1916

Equity In Rem, Edgar N. Durfee

Michigan Law Review

Perhaps the most important legal publication of the past year is a monograph, by Charles Andrews Huston, which is published as the first volume of Harvard Studies in jurisprudence. It is inscribed as a dissertation submitted to the faculty of Harvard Law School in compliance with the terms of the Research Scholarship, and is dedicated to Roscoe Pound, to whom, the author tells us in his preface, he is indebted for the suggestion of the field of investigation, for constant inspiration, and for concrete suggestion and criticism.

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Book Reviews, John R. Rood, Henry M. Bates Jan 1916

Book Reviews, John R. Rood, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.

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