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Articles 11431 - 11460 of 11521
Full-Text Articles in Law
Northwestern Railway Situation, Horace Lafayette Wilgus
Northwestern Railway Situation, Horace Lafayette Wilgus
Articles
What promises to be the most important corporate litigation that has or is likely to come before the Supreme Court for many years is involved in the various suits against the Northern Securities Company. To understand its full significance, it is desirable to recall something of the railroad history of the western states.
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Articles
AlI laws concerning property rights are based upon the broad - doctrine that every person who owns property may dispose of the same as he sees fit. The right of disposal of property is inseparably united to the right of property itself, and indeed is an essential element of the concept of property. It might even serve as a definition of property, viewing property as that which one may dispose of,-a definition too general, it is true, for practical purposes, but undoubtedly a correct and valuable metaphysical theorem
The "Torrens Acts": Some Comparisons, James H. Brewster
The "Torrens Acts": Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system. In making these changes, …
Ratification By An Undisclosed Principal, Edwin C. Goddard
Ratification By An Undisclosed Principal, Edwin C. Goddard
Articles
Omnis ratihabitio retrotrahitur, et mandato priori aequiparatur. Every ratification relates back, and is equivalent to a prior authority, is the second great maxim of agency, and has been said to be as well established and as simple of application as the first and fundamental one, qui facit per alium, facit per se. It was as well recognized in the Roman law, as it is in the common law. Whether the maxim ratihabitio mandato comparatur of the Roman lawyers and the early English cases is identical in meaning with the dogma ratihabitio mandato acquiparatur of Lord Coke, and of all English …
United States Steel Bond Conversion, Horace Lafayette Wilgus
United States Steel Bond Conversion, Horace Lafayette Wilgus
Articles
The litigation growing out of the plan of the United States Steel Corporation to retire $200,000,000 of its preferred stock by issuing bonds therefor has involved many interesting questions under the New Jersey law.
The Law Library, Victor H. Lane
The Law Library, Victor H. Lane
Articles
It has been thought that a brief sketch of the library of the law department which should furnish information as to its present condition and of the more important of the incidents of its history would be of sufficient general interest to warrant its publication in the ALUMNUS, and I have been requested to prepare such an article.
The Practice Court, Edson R. Sunderland
The Practice Court, Edson R. Sunderland
Articles
The law department of the University of Michigan has always proceeded upon the theory that the chief function of a law school is to fit men for the practice of the law. An aim to make professional instruction as thoroughly practical as possible is by no means a narrow one, nor is it out of accord with the liberalizing tendencies of university culture. The age is insisting with more and more emphasis that nothing is valuable which is not useful, a doctrine which does not put culture upon a money basis but does insist that all knowledge is but a …
Right Of Jury To Review Decisions Of The Court Upon The Admissibility Of Evidence As Illustrated In The Law Of Dying Declarations, Victor H. Lane
Right Of Jury To Review Decisions Of The Court Upon The Admissibility Of Evidence As Illustrated In The Law Of Dying Declarations, Victor H. Lane
Articles
In the discussion of this question, it is thought that the present condition of the law can be made most satisfactorily to appear by gathering the declarations of various courts found in illustrative opinions, and a good portion of this article will attempt this collection. Where the courts of particular states have not spoken upon this particular question, and cases illustrating the principle as applied to confessions exist, they have been used. And in a few instances cases involving the law of the admissibility of confessions have been used, though there were cases involving dying declarations, because they were more …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Articles
Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and 1hisright to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple.
Ratification By An Undisclosed Principal, Edwin C. Goddard
Ratification By An Undisclosed Principal, Edwin C. Goddard
Articles
Omnis ratihabitio retrotrahitur, et mandato priori aequiparatur. Every ratification relates back, and is equivalent to a prior authority, is the second great maxim of agency, and has been said to be as well established and as simple of application as the first and fundamental one, qui facit per alium, facit per se. It was as well recognized in the Roman law, as it is in the common law.
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Does The Power To Alienate In Fee Simple Defeat An Executory Devise?, Bradley M. Thompson
Articles
Under the common law one who held an estate in lands in fee simple absolute was the sole owner of such lands, and his right to enjoy the estate and exercise all the powers and privileges incident thereto could not be restricted by the devisor or grantor. The rights and privileges incident to an estate in fee simple constituted the estate-they were all essential, they were its bone, sinew and blood, and in the absence of any one of them the estate was regarded as less than a fee simple. Among those essential rights were the right of possession, the …
Northwestern Railway Situation, Horace Lafayette Wilgus
Northwestern Railway Situation, Horace Lafayette Wilgus
Articles
What promises to be the most important corporate litigation that has or is likely to come before the Supreme Court for many years is involved in the various suits against the Northern Securities Company. To understand its full significance, it is desirable to recall something of the railroad history of the western states.
Conveyancing In The Law Department, James H. Brewster
Conveyancing In The Law Department, James H. Brewster
Articles
There was a time when the young man "studied law" in the private office of some successful practicing lawyer. Much time was spent by the student in copying legal papers the real meaning of which was seldom understood and seldom explained. Fundamental legal principles were but little considered. Only under the most exceptional circumstances was this method educational. There was little, if any, systematic and orderly study of law as a science. That young men, after serving such an apprenticeship, ever became good lawyers was rather in spite of this manner of training them than because of it. As the …
Justice William Rufus Day, Harry B. Hutchins
Justice William Rufus Day, Harry B. Hutchins
Articles
The University of Michigan , when measured by the standard of public services rendered by its graduates, must certainly be accorded an honorable rank. For a quarter of a century the number of its alumni occupying high official station has been large. The list includes state executives, judges of state courts of last resort, senators and representatives in the national congress, cabinet officers, and members of important commissions raised by the general government for international and executive purposes. The character of the services has in some cases been conspicuous for its excellence and in all cases such as to bring …
Preferences Arising From Trust Relations, Harry B. Hutchins
Preferences Arising From Trust Relations, Harry B. Hutchins
Articles
Where property has once been impressed with a trust, the quality inheres therein and in the proceeds thereof so long as the trust relation continues, provided the rights of a bonafide purchaser for value and without notice do not intervene and identification remain possible. The trust impress, in the absence of a superior equity, at once places property in the preferred class. In equity, trust property belongs to the cesiui que trust, and his claim to it cannot be defeated by the insolvency or dishonesty of the trustee, if it constitutes, in an identifiable form, a part of the trustee's …
Eligibility To Office--As Of What Time Determined, Floyd R. Mechem
Eligibility To Office--As Of What Time Determined, Floyd R. Mechem
Articles
Eligibility to office under our political system cannot be regarded as a natural right, and some rules or regulations are therefore obviously indispensable to determine what shall be the qualifications which shall be deemed necessary or sufficient. These rules are usually express and written ones, though in a few cases they have been deduced by inference from considerations of policy or propriety
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Articles
In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?"' This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Articles
In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?" This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.4 And, like the original question, it puzzled the judges and Lords very much to answer.
Joseph Hardcastle Vance, Jerome C. Knowlton
Joseph Hardcastle Vance, Jerome C. Knowlton
Articles
On December 20, 1900, after a quarter of a century's services in the University of Michigan, Joseph H. Vance died at his rooms on Monroe street in the city of Ann Arbor. He had been confined to the house for only a few days and the announcement of his death shocked many of his friends, who had not learned of his illness. He was seventy-three years of age and to those most intimately associated with him his death was not a surprise. During the past two years marked indications of senility had appeared with painful frequency.
Elias Finley Johnson, Jerome C. Knowlton
Elias Finley Johnson, Jerome C. Knowlton
Articles
A biographical sketch of Elias Finley Johnson at the time of his appointment as a Supreme Judge of the Philippines. Includes a photograph.
Recollection Of The Law Department, Jerome C. Knowlton
Recollection Of The Law Department, Jerome C. Knowlton
Articles
In 1859 the Department of Law began its work in education at the the university of Michigan, with three professors and ninety students. The faculty consisted of Thomas M. Cooley, James V. Campbell and Charles I. Walker. Judge Cooley resided in Ann Arbor and the other gentlemen lived in Detroit. At this time these men were young and inexperienced in educational work and had not achieved in any marked degree, success at the bar. Today the lives of Cooley, Campbell and Walker make up some of the best chapters in the history of the State of Michigan, and the better …
Suggestions As To The Study Of Law, Floyd R. Mechem
Suggestions As To The Study Of Law, Floyd R. Mechem
Articles
I have been asked to make a few suggestions respecting the study of law. I realize, of course, that I am in no position to speak with authority upon the subject. I realize also that it is a subject upon which competent judges might give different opinions. It seems to me, however, that two or three points may be suggested with reference to which all might agree.
The Legal Status Of The Teacher, Floyd R. Mechem
The Legal Status Of The Teacher, Floyd R. Mechem
Articles
Prof. Mechem's address on the status of public and private school teachers.
The Consent Of The Governed, Bradley M. Thompson
The Consent Of The Governed, Bradley M. Thompson
Articles
The acquisition of the Philippine Islands has aroused a profound interest in certain constitutional questions. This is not to be deplored. One of those questions is the meaning, the force and effect of the statement in the Declaration of Independence that "all governments derive their just powers from the consent of the governed." That doctrine is not embodied in the constitution in those words nor in words of similar import, but some contend that the Declaration of Independence is a great beacon fire kindled by the fathers of the revolution and that in its light the constitution, afterwards adopted by …
The Professional School As A Factor In University Education, Harry B. Hutchins
The Professional School As A Factor In University Education, Harry B. Hutchins
Articles
The past twenty-five years have witnessed many radical changes in professional education. Here, quite as much as in other fields of learning, the old has given place to the new. This is particularly true of legal and medical education. In these departments the changes have been chiefly in the direction of more scientific methods and greater thoroughness. In the United States, until within a comparatively recent period, professional education in law and medicine was very largely obtained through an apprenticeship in the office of the practitioner. It is true that under the old regime, the medical student, if he aspired …
A Word To The Alumni In Michigan, Harry B. Hutchins
A Word To The Alumni In Michigan, Harry B. Hutchins
Articles
Through the amalgamation, at the last commencement, of the different alumni societies and the employment of a resident secretary who gives his entire time and undivided energies to the work of the association, a step was taken that must result in great and permanent good to the University. The unification of this great body of men and women who have at heart the interests of the University and who are ready and willing at all times to use their influence for its advancement, cannot but bring the institution into closer touch with the people. I firmly believe that substantial results …
The New Law Building, Jerome C. Knowlton
The New Law Building, Jerome C. Knowlton
Articles
At the last meeting of the Board of Regents an important action was taken. Plans for enlarging and improving the law building were adopted, involving an expenditure of some $50,000.
The First Law Class, Bradley M. Thompson
The First Law Class, Bradley M. Thompson
Articles
The writer was a member of the literary class of 1858, a class great in numbers. It graduated forty-nine. It was the custom in those days for each senior to deliver an oration on commencement day. The class of '58 were limited to five minutes each, and they gave the audience a perfect fusilade of speeches for more than three hours at short range.