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Articles 21061 - 21090 of 21832

Full-Text Articles in Law

Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler Jan 1910

Liability Of Water Companies For Losses By Fire In Actions Of Tort, Ralph W. Aigler

Articles

In Fisher v. Greensboro Water Supply Company, 128 N. C. 375, it was held that the defendant water company was liable in damages in an action of tort for negligent failure to furnish sufficient water pressure in the mains of the city, by reason of which negligence the plaintiff's house was burned. The only duty on the part of the defendant to furnish water grew out of a contract made by the company with the city and the fact that the defendant had entered upon the business of supplying water pursuant to such contract.

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James Barr Ames, James H. Brewster Jan 1910

James Barr Ames, James H. Brewster

Articles

Hardly shall one name another American lawyer whose death would be as widely felt as will be that of James Barr Ames. He passed away on January eighth in the sixty-fourth year of his age.

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Henry Moore Bates, Joseph H. Drake Jan 1910

Henry Moore Bates, Joseph H. Drake

Articles

The important changes in the administrative force of the University this year have been of especial significance to the Law Department. It is a matter for congratulation that a r.ew Dean has been chosen from the present Faculty, thus assuring the continuation of the successful policy of the past without essential break.

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President Harry Burns Hutchins, Edwin C. Goddard Jan 1910

President Harry Burns Hutchins, Edwin C. Goddard

Articles

No more striking proof of perfect confidence and high regard could be afforded than the unanimous sense of relief with which the news of the appointment of Harry Burns Hutchins as permanent President of the University was welcomed by his colleagues of all Departments, with whom he had for so many years been closely associated. Verily, he is not one without honor in his own country.

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Some Difficulties Of Code Pleading, Edson R. Sunderland Jan 1910

Some Difficulties Of Code Pleading, Edson R. Sunderland

Articles

The common law system of pleading was founded upon the theory that issues of fact, representing the gist of the controversy between the contending parties to a suit, should be developed by the pleadings. In practice this was not always realized, for many fictions and legal conclusions obtained recognition as legitimate allegations, and upon them issues were formed which satisfied the courts. The most striking and familiar instance of this is found in the common counts. Here there is an allegation of indebtedness, which is a mere legal conclusion, and with this as a consideration a promise to pay is …

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What Is Interstate Commerce?, Horace Lafayette Wilgus Jan 1910

What Is Interstate Commerce?, Horace Lafayette Wilgus

Articles

In the case of International Text-book Company v. Pigg, Advance Sheets May 1, 1910 (30 Sup. Ct. 481) the Supreme Court of the United States, decided April 4, 1910, that a "corporation engaged in imparting instruction by correspondence, whose business involves the solicitation of students in other states by local agents, who are to collect and forward to the home office the tuition fees, and the systematic intercourse between the corporation and its scholars and agents, wherever situated, and the transportation of the needful books, apparatus, and papers," is engaged in interstate commerce, and a state statute which makes the …

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Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland Jan 1910

Limitation Of A Carrier's Liability For Negligence, Edson R. Sunderland

Articles

Limitation of a Carrier's Liability for Negligence.-This is one of the subjects which never seems to be set at rest. In making contracts, shipper and carrier do not stand upon an equality. The shipper cannot exist without the aid of the carrier, but the carrier can easily forego the business of any particular shipper. Hence the ordinary rules of contract fail in many respects to meet the demands of the situation. To properly define the limitations necessary to be placed upon these rules is not an easy task.

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Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler Jan 1910

Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler

Articles

Not infrequently the legislatures of various states have deemed it advisable to provide by law for the time and manner of payment of wages of men engaged in certain designated employments; and these laws have been the cause of considerable litigation. Their validity has been challenged mainly on the ground of deprivation of property without due process of law and denial of the equal protection of the law, the contention being that the refusal of the privilege of contracting for the manner and time of payment is a deprivation of liberty and property, and the classification of men in certain …

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Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard Jan 1910

Contract Limitations Of The Common Carrier's Liability, Edwin C. Goddard

Articles

When Mr. Justice NELSON, in the New Jersey Steam Navigation Company v. Merchants Bank, speaking of the power of a common carrier by special agreement to restrict his obligation, said for the court: "We are unable to perceive any well founded objection to the restriction," he opened the way for an amount of litigation which, in volume and expense, both to carriers and shippers, scarcely finds its equal on any other question. The Supreme Court of North Carolina was well within the limit when it said: "The right of a common carrier to limit or diminish his general liability by …

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The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler Jan 1910

The Degree Of Care Required In The Operation Of A Scenic Railway, Ralph W. Aigler

Articles

The case of O'Callaghan v. Dellwood Park Co., - Ill. -, 89 N. E. 1005. decided by the supreme court of Illinois, October 26, 1909, is of interest because of the holding of owners and operators of scenic railways to the same high degree of care required of railroads and common carriers of passengers in general. The action was in case for the recovery of damages for injuries suffered by the plaintiff by reason of having been thrown out of a car on defendant's scenic railway. The plaintiff had paid the usual charge for the ride and was, at the …

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Interstate Commerce And State Control Of Foreign Corporations, Ralph W. Aigler Jan 1910

Interstate Commerce And State Control Of Foreign Corporations, Ralph W. Aigler

Articles

Corporations are the creatures of their parent state and outside the borders of the state creating them they have no existence except such as is granted them by comity. Bank of Augusta v. Earle, 13 Pet. 519; Lafayette Ins. Co. v. French, 18 How. 404; Paul v. Virginia, 8 Wall. 168; Ducat v. Chicago, 10 Wall. 410; Liverpool Ins. Co. v. Massachusetts, 10 Wall, 566; Home Ins. Co. v. Morse, 20 Wall. 445; Horn Silver Mining Co. v. New York, 143 U. S. 305; Waters-Pierce Oil Co. v. Texas, 177 U. S. 28; Security Mut. L. I. Co. v. Prewitt, …

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Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster Jan 1910

Two Recent Decisions Preventing The Presbyterian Reunion, James H. Brewster

Articles

When, a few years since, the General Assemblies of The Cumberland Presbyterian Church and The Presbyterian Church in the United States of America determined that there should be a re-union of the two bodies there were, of course, many objectors. Disputes concerning property have brought the objectors to the re-union before the courts, and in Missouri and Tennessee they have recently obtained victories.

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Attachments On Unliquidated Demands, John R. Rood Jan 1910

Attachments On Unliquidated Demands, John R. Rood

Articles

If the creditor should not have the aid of attachment to recover on unliquidated demands, why not? It is true that attachment as a security for the satisfaction of the judgment that may be recovered in an action pending or just commenced was unknown to the general common law of England, and existed only in a restricted form as a special custom of London and other places in the form of garnishment till it was introduced into the New England colonies by an early statute of Massachusetts, whence its utility commended it so that it was soon adopted in all …

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State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus Jan 1910

State Regulations Affecting Interstate Commerce, Horace Lafayette Wilgus

Articles

The line between regulations of intrastate and interstate commerce is difficult to draw and hard to maintain. This is well illustrated in the recent case of St. Louis Southwestern Railway Company v. Arkansas, decided by the Supreme Court of the United States April 4, 1910, Advance Sheets, May I, 1910, p. 476, 30 Sup.Ct. 476.

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Some Leading Principles Of Chinese Law, Gustavus Ohlinger Jan 1910

Some Leading Principles Of Chinese Law, Gustavus Ohlinger

Michigan Law Review

It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers' guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the …

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Recent Important Decisions, Michigan Law Review Jan 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …

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Book Reviews, Henry M. Bates, Joseph H. Drake, Evans Holbrook Jan 1910

Book Reviews, Henry M. Bates, Joseph H. Drake, Evans Holbrook

Michigan Law Review

Cooke: The Commerce Clause of the Federal Constitution; Various: Select Essays in Anglo-American Legal History. Volume 3.; Tiffany: A Handbook on the Law of Persons and Domestic Relations

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Topical Index To Recent Legal Literature, Michigan Law Review Jan 1910

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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Uniformity Of Commercial Law On The American Continent, Roscoe Pound Dec 1909

Uniformity Of Commercial Law On The American Continent, Roscoe Pound

Michigan Law Review

Anglo-American, lawyers are not, as a rule, believers in codification. Hence, as legislation is the only agency through which in practice a uniform commercial law for the American continent may be looked for, you might, with some degree of reason, anticipate that I should be opposed to such a project. I may say, however, that I do not, at all share the orthodox common-law antipathy toward legislation and codification. I have no doubt that a legislative restatement of the law and a juridical new start upon the basis of such a restatement are inevitable in English-speaking countries for the same …

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Some Questions In Connection With State Rate Regulation, Guy A. Miller Dec 1909

Some Questions In Connection With State Rate Regulation, Guy A. Miller

Michigan Law Review

There are probably few questions of greater interest, both present and future, than those which concern the relations between corporations performing the so-called public services on the one hand, and their immediate patrons and the general public on the other. These questions relate to the quality and safety of the services rendered, to the rights of all members of the public to receive service without discrimination, and to the charges which may be exacted for those services. To a great extent they involve matters of public policy and economics, rather than those which are strictly legal in nature, while even …

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The Public Service Of The Future Lawyer, John C. Park Dec 1909

The Public Service Of The Future Lawyer, John C. Park

Michigan Law Review

The lawyer has two characters. He is a private personage, and as such cares for his family, contributes to the local improvement and philanthropies and conducts the common business affairs of his clients. He is also a public functionary and as such his usefulness is not confined to appearance in court and the conduct of litigation. From him must be had the counsel necessary in public movements, his brain must plan and his hand write the rules necessary to make right and wrong govern modem conditions. His must be the thought which shall stir the people to action. In him …

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Note And Comment, Charles A. Kent, Horace Lafayette Wilgus, Willard J. Banyon, John T. Creighton Dec 1909

Note And Comment, Charles A. Kent, Horace Lafayette Wilgus, Willard J. Banyon, John T. Creighton

Michigan Law Review

A Criticism of President Hadley's Views on "The constitutional Position of Property in America"; Inconsistent Defenses; Vacation of Corporation Directors; Right of the United States to Recover Money Paid on Pension Checks Bearing Forged Indorsements; Damages Recoverable on Stock Broker's Failure to Purchase as Directed;

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Recent Important Decisions, Michigan Law Review Dec 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Actions--Moot Questions Not Decided; Automobiles--Dangerous Machines--Liability of Owners for Misuse; Bankruptcy--Debts Discharged--Fraud--Election of Remedies; Bankruptcy--Jurisdiction of Court--Property in Other Districts; Bills and Notes--fictitious or Non-Existing Indorsee--Knowledge of Indorser; Bills and Notes--Notice of Dishonor--Effect of Constructive Waiver; Carriers--Injuries to Passengers--Riding on Platform--Question for Jury; Chattel Mortgages--Bill of Sale and a Lease Constituting a Mortgage--Question of Law; Constitutional Law--employer's Liability Act--Right to Sue in State Court; constitutional Law--Police Power--Trade Marks--Reuse of Original Packages; Deeds--Date--Presumption as to Time of Delivery; Deeds--Effect of an Assignment Indorsed Thereon; Divorce--Allowance of Temporary Alimony; Elections--Use of voting Machines--Unconstitutional; Evidence--Judicial Notice that Voltaire's Works are not Immoral or …

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Book Reviews, Henry M. Bates, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland Dec 1909

Book Reviews, Henry M. Bates, Joseph H. Drake, Edson R. Sunderland, Edson R. Sunderland

Michigan Law Review

Williston: the Law governing Sales of Goods at Common Law and Under the Uniform Sales Act ; Russell: Cases on the Measure of Damages; Scott: The Courts of the State of New York. Their History, Development and Jurisdiction; Macomber: The Fixed Law of Patents, As Established by the Supreme Court of the United States and the Nine Circuit Courts of Appeals; Scott: The Evolution of Law. A historical review based upon the author's Commentaries on the Evolution of Law.

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Topical Index To Recent Legal Literature, Michigan Law Review Dec 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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Note And Comment, Richard E. Simmonds Jr., Robert T. Hughes, Ralph W. Doty Nov 1909

Note And Comment, Richard E. Simmonds Jr., Robert T. Hughes, Ralph W. Doty

Michigan Law Review

The Law School--President Angell on Larger Preliminary Requirements--Faculty Changes--Enrollment; A Misleading Opinion as to the Defense of Non-Delivery of a Negotiable Instrument in an Action by a Holder in Due Course; Qualifications of Aliens for Naturalization; Fright Without Physical Impact but Resulting in Physical Injury; Noncompliance with Statutory Requirements as a Defense to Suits Brought by Foreign Corporations Where the Irregularity Has Been Cured Subsequently to the Institution of the Suit; In Absence of Proof What is the Presumption as to the Law of a Country not of Common Law Origin

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Book Reviews, Edward S. Rogers, Victor H. Lane, Henry M. Bates, John R. Rood, Victor H. Lane Nov 1909

Book Reviews, Edward S. Rogers, Victor H. Lane, Henry M. Bates, John R. Rood, Victor H. Lane

Michigan Law Review

Nims: The Law of Unfair Business Competition; Moore: A Treatise on Facts or the Weight and Value of Evidence; Reeder: Rate Regulation, as Affected by the Distribution of Governmental Powers in the Constitutions; Reeves: A Treatise on the Law of Real Property; Lorenzen: Cases on the Conflict of Laws

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The Illinois Ten-Hour Labor Law For Women, Andrew Alexander Bruce Nov 1909

The Illinois Ten-Hour Labor Law For Women, Andrew Alexander Bruce

Michigan Law Review

There are few cases before the American courts today which are of more significance than that which has recently been brought in the Illinois courts by William E. Ritchie of Chicago and which seeks "to enjoin the prosecuting officers of the state from enforcing the provisions of the so-called Women's' Ten-Hour Labor Law. The case of course involves the somewhat mooted question as to whether the remedy in such cases, if remedy there be at all, is by injunction, or whether the slower and more unsatisfactory procedure of a writ of error is not technically demanded, but this question is …

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The Commerce Clause, And Taxation Of Gross Receipts And Of "Intangible Property.", Frederick H. Cooke Nov 1909

The Commerce Clause, And Taxation Of Gross Receipts And Of "Intangible Property.", Frederick H. Cooke

Michigan Law Review

The decision in Galveston, Harrisburg &c. Ry. Co. v. Texas curiously, perhaps even painfully, illustrates the confusion that has resulted from the establishment by the Supreme Court of what seem to me to be incompatible rules of taxation. As is well understood, the commerce clause of the Federal Constitution imposes certain restrictions upon action under the authority of a State. That is to say, it is a general rule that has been frequently applied, that no restriction by way of prohibition or otherwise may be validly imposed under the authority of a State upon transportation within the scope of the …

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The German Law-Suit Without Lawyers, Simon E. Baldwin Nov 1909

The German Law-Suit Without Lawyers, Simon E. Baldwin

Michigan Law Review

As in the Roman practice, during the formulary period, there were two judicial stages to every law-suit, one in which the issue was determined and: the mode of trial directed, and another for the trial itself, so there are two judicial stages to every German law-suit. In the first, the court finds out what is really in controversy; in the second is the trial. In most cases there must be written pleadings drawn by lawyers, and a trial conducted by lawyers. A plaintiff is not allowed to conduct his own cause in any of the higher courts. But the plaintiff …

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