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Leading And Illustrative Cases: With Notes On The Law Of Judgments, Attachments, Garnishments And Executions, John R. Rood

Books

The prior edition being exhausted, this one became necessary. The scope of the book has been considerably changed by developing the law of jurisdiction and the estoppel by judgments. Room for this has been obtained by dropping some of the less important cases on other topics. In several instances a case has been displaced by another on the same point, because thought to cover the matter better.

Directory Of The Law Class Of 1913

Yearbooks & Class Year Publications

Directory of the Law Class of 1913.

Practice Court Rules, University Of Michigan Law School

Miscellaneous Law School History & Publications

The purpose of the Practice Court is to afford to students of this department practical instruction in pleading both at law and in equity, under the common law system and the "reformed" or "code" procedure, and actual experience in the commencement and trial of cases through all their stages.

This booklet outlines the Practice Court Rules for 1913.

Editorial Preface To This Volume, Joseph H. Drake

Other Publications

"American juristic thinking at the present time needs a von Ihering. Our jurists, our legislators and our courts, both bench and bar, are still holding fast to an historical 'Naturrecht' built up on the precedents of the Common Law.... The public is crying out against our crystallized and inelastic theory and practice of law. The practical application of the idea of law as purpose would, in many cases, loosen our legal shackles and open the way out of our legal difficulties ...."

"The days of 'laissez faire' in legal matters have gone by in America as well as in Germany. …

Cases On Procedure, Annotated. Code Pleading, Edson R. Sunderland

Books

“In the present volume on Code Pleading, the editor has aimed to present the subject, in all of its more important features, as a complete working system of pleading. The code has frequently been treated as the mere ‘antithesis’ of common law pleading, and this has resulted in throwing the subject completely out of balance by unreasonably extending the discussion of those elements which are ‘characteristic’ of the code, while unduly restricting or entirely ignoring those principles which the code shares with the common law….

“The student should be able to obtain a clear conception of the system as a …

The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland

Articles

Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …

The New Federal Equity Rules, Robert E. Bunker

Articles

On November 4, 1912 the Supreme Court of the United States, by formal order, adopted and established a code of rules for the courts of equity of the United States, which should take the place of all rules theretofore prescribed by the Supreme Court and then in force. Rule 81 provides: "These rules shall be in force on and after February 1, 1913, and shall govern all proceedings in cases then pending or thereafter brought, save that where in any then pending cause an order has been made or act done which cannot be changed without doing substantial injustice, the …

The Effect Of The Carmack Amendment To The Hepburn Act Upon Limitation By Common Carriers Of The Amount Of Their Liability, Edwin C. Goddard

Articles

Two cases, decided by the Supreme Court of the United States on March 1O, 1913, may be considered together. They are developments of the cases reviewed in 11 MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of "household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed a judgment against the carrier for the full value. 91 Ark. 97, 121 S. W. 932, 134 A. S. R. 56. On …

Effect Of Covenants In Leases Upon Tenant's Right To Remove Trade Fixtures, Ralph W. Aigler

Articles

At least since the decision in Poole's Case, 1 Salk. 368 (1703), it has been considered as settled that a tenant has the right to remove trade fixtures placed, upon the demised premises for the purpose of furthering his trade. There is a well-marked tendency in some jurisdictions to greatly extend this right of removal so as to include anything added by the tenant to the leased property "in furtherance of the purpose for which the premises were leased." Hayward v. School District, 139 Mich. 541, 102 N. W. 999; Bircher v. Parker, 40 Mo. 118; Heddrick v. Smith, 103 …

How To Beat The Rule Against Perpetuities, John R. Rood

Articles

Many people seem to think that the lawyer's problem is not so much to know what the law is as to know how to get all they want while obeying the law to the letter. In the case of perpetuities the history of nearly a thousand years of our law shows an almost unbroken series of disastrous failures of the best-laid schemes to violate the public policy of freedom of alienation.

The Department Of Law And The State, Henry M. Bates

Articles

We are living in a period of extraordinary unrest. The spirit of criticism is prevalent, and no belief or creed, no institution is exempt from this questioning spirit of the time. Among social institutions perhaps none is being more relentlessly subjected to attack than the law as administered in our courts and practiced by our lawyers. It is true that much of the criticism leveled at legal institutions is unreasonable and is based upon ignorance or prejudice, but there remains a residuum of complaint which is well founded. In the very nature of things law and its administration always have …

Pecote': A Bit Of Legal Archaeology, Joseph H. Drake

Articles

In the case of Pusey v. Pusey, 1 Vern. 273 (1684), the "bil was, that a horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in his bill charged it to be an …

The Character Of User In Prescription, Ralph W. Aigler

Articles

As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during the entire prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 AM. & ENG. ENCY. L. & P. …

The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake

Articles

AIthough our text-books say that the rule of certainty is "more fundamental than any rule of compensation because compensation is allowed or disallowed subject to it," (cf. SEDGWICK, EL. or DAMAGES, p. 12) nevertheless the tendency of the courts seems to be to save the equitable principle of compensation at the expense of certainty. A striking illustration of this is found in a recent case in the Court of Appeal, Chaplin v. Hicks, C. A. [1911] 2 K. B. 786. The defendant, a theatrical manager, agreed to give positions as actresses to persons chosen by the votes of the readers …

Depositors' Checks In Payment Of Matured Obligations Held By Drawee Bank As Preferences, Ralph W. Aigler

Articles

Since the case of New York County Bank I. Massey, 192 U. S. 138, there has been no doubt as to the right of a debtor of a bankrupt's estate to exercise the right of set-off as preserved by § 68a of the Bankruptcy Act. In that case it was laid down dearly that such right of set-off may be exercised despite the provisions of § 60a, which covers the matter of preferences. The question very frequently arises when bankers apply deposit balances upon matured obligations of customers. If such application is made within four months of the time when …

Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates

Articles

That the practice of law and the administration of justice are under the fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and what are we lawyers going to …

The Lien Theory Of The Mortgage--Two Crucial Problems, Edgar N. Durfee

Articles

In a recent article in this review1 the writer discussed in a general way the nature of a mortgage of real property in the states which adopt the lien or equitable theory of the mortgage. The conclusion therein arrived at was that, while the mortgage does not convey the legal title to the land until foreclosure, it does convey to the mortgagee, at the time of its execution, a present interest in the land, the general ownership of which remains in the mortgagor-an interest which is limited and special, more analogous to an easement than to general ownership; which is …

Compulsory Service In Office, W. Gordon Stoner

Articles

It was "the policy of prudent antiquity," as Lord COKE has said, "that officers did ever give a grace to the place, and not the place only grace (to) the officer."1 A modern expression of a similar thought is found in the maxim, "the office should seek the man and not the man, the office." Have we Americans reversed the process? Have we lost sight of these ideals? Certain it is that some popular notions which are not consistent with the spirit of these maxims have grown up in this country. Offices have come to be regarded too much as …

Directing A Verdict For The Party Having The Burden Of Proof, Edson R. Sunderland

Articles

The practice of moving for a directed verdict is the modern substitute for the old demurrer to the evidence. The reason for its development at the expense of the older procedure is not far to seek. The demurrer to the evidence was in the first place cumbersome and difficult to draw, for it was required to contain a full written recital of all the facts shown in evidence by the opposite party, together with all reasonable inferences favorable to the party who introduced the evidence.1 The preparation of such a demurrer usually required the expenditure of much time and labor.

Admiralty Jurisdiction And State Waters, John B. Waite

Articles

The case of Ex parte Boyer1 closes with the statement that it "does not raise the question whether the admiralty jurisdiction of the district court extends to waters wholly within the body of a state, and from which vessels cannot so pass as to carry on commerce between places in such state and places in another state or in a foreign country; and no opinion is intended to be intimated as to jurisdiction in such a case." Nor does any other case appear directly to intimate such an opinion, unless it be that of Stapp v. Clyde2 wherein a state …

Constitutionality Of Teachers' Pensions Legislation, Horace Lafayette Wilgus

Articles

To arrive at a safe conclusion as to the validity of legislation. providing for teachers' pensions requires some consideration of all pension legislation. A pension is defined by BOUVIER as "A stated and certain allowance granted by the government to an individual, or those who represent him, for valuable services performed by him for the country;"1 "a periodical allowance of money granted by the government for services rendered;"2 "a stated payment to a person in consideration of the past services of himself or of some kinsman or ancestor;"3 "an annuity from the government for services rendered in the past;"4 "a …

A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory

Michigan Law Review

Probably most well informed persons of the present generation associate the notion, once maintained, that a state might secede or nullify an act of Congress, with the South and its earlier statesmen. And it is time that the resolutions drawn substantially by Jefferson and adopted by the Legislature of Kentucky in 1798, and similar resolutions drafted by Madison and adopted by the General Assembly of Virginia in the same year, together with some similar and more explicit declarations by the Legislature of the former state in 1799, seem to furnish some warrant for this impression. Yet it seems to be …

Bank Deposits And Collections, Ralph J. Baker

Michigan Law Review

In the first portion of this paper-it has been shown that the character of ja deposit is determined by the contract made between the bank and its customer. It now remains to point out the various conditions of fact and combinations of circumstances which are useful in ascertaining the true character of the contract when the subject of the deposit is commercial paper, as drafts, notes, or cheques.

Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy

Michigan Law Review

The Renvoi Theory Repudiated as a Test for Determining the Negotiability of a Note - A recent case decided by the Supreme Court of Oklahoma (Bell v. Riggs, 127 Pac. 427) involving, among others, a question as to what law governs the negotiability of a note made in one State and payable in another, though of little intrinsic value so far as that point is concerned, is of some interest because the attorney for the holder of the note made a curious attempt to adapt the renvoi theory to his case. The term renvoi is used as a convenient descriptive …

Book Reviews

Michigan Law Review

Students and teachers of law, as well as historically-minded practitioners -though the number of the latter is, alas, all too few-have long felt the need of a brief but adequate and authoritative account of the origin and growth of English legal institutions. Previous treatises, based on modern investigations, notably those of Pollock and Maitland and Holdsworth, are not only too exhaustive, but do not completely cover the ground. Convinced, like many others of the present day, "that a rich field of educational effort awaited development," Mr. Jenks, already well-known for his contributions to various aspects of the subject, has at …

Book Reviews, Joseph H. Drake

Michigan Law Review

These two volumes, published simultaneously in the fall of 1912, are the first fruits of the labor of the committee which 'has been working since 19o9 to make available to American lawyers the 'works of the best legal historians of Continental Europe. The Series is to contain' a volume on the "History of Germanic Private Law," one on "Italian Law," one on "French Public Law," one on each of the subjects,-"Continental -Criminal Procedure," "Continental Criminal Law," "Continental Civil Procedure," and "Continental- Commercial Law," with a concluding volume on the "Evolution of Law in, Europe," and an extra volume (to be …

Book Reviews, John R. Rood

Michigan Law Review

The appearance of these two works in the Classics of International Law, the publication of which has been ,undertaken by the Carnegie Institution of Washington under the general editorship of Dr. James Brown 'Scott, is an event of great importance in the history of the literature of International Law. Several years ago Dr. Scott called the attention of the authorities of the Carnegie Institution to the need of reprints .of the texts of the great classics of International Law, each to be accompanied by a readable English translation. The Carnegie Institution undertook the work as outlined by Dr. Scott, and …

Book Reviews, Joseph H. Drake, Edgar N. Durfee, William T. Hoffman

Michigan Law Review

The legal profession is to be congratulated that men of the great erudition of Dean Wigmore and the editors associated with him are devoting themselves so unselfishly to the heavy labor of presenting in fitting English form the masterpieces of continental legal literature. Though much may be said about the insufficiency of translations as a basis of scholarly work in -any subject, the fact remains that the great bulk of the legal profession, even those of a scholarly habit of mind, have not the linguistic ability necessary to use the original sources of knowledge. On the other hand the need …

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

Michigan Law Review

Cases on Persons and Domestic Relations, Selected from Decisions of English and American Courts. By Albert M. Kales. American Casebook Series. James Brown Scott, General Editor. St. Paul, West Publishing Co., 1911, pp. xxix, 654.

Book Reviews, Edwin C. Goddard, Ralph W. Aigler

Michigan Law Review

This work, which is practically an annotated and well arranged selection of extracts from leading cases and from the rules laid down and followed by various railroad commissions and public service companies, puts in extremely convenient form a great deal of very valuable material. There has been such a diversity in the rules laid down by the courts as to the methods of valuation and the elements that should enter into a determination of the value of a public service plant, that it requires a large amount of investigation to bring together and analyze the various important cases. One can …