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Articles 10081 - 10110 of 11192
Full-Text Articles in Law
The New Holdsworth, Arthur Lyon Cross
The New Holdsworth, Arthur Lyon Cross
Michigan Law Review
In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …
A Letter To The Lawyers' Club, William W. Cook
A Letter To The Lawyers' Club, William W. Cook
Michigan Law Review
In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …
The Needs Of A Law School, Henry M. Bates
The Needs Of A Law School, Henry M. Bates
Michigan Law Review
A wide and remarkable experience, sound judgment, fine legal scholarship, and great intellectual ability have combined to make Mr. Cook's gift and his plan for this School unique in the annals of legal e4ucation. Beautiful and satisfying as are the buildings which he has erected, still more important and still more likely to produce good results for law and the administration of justice, is the plan into which he has put so much thought.
New Types Of Negotiable Paper
Michigan Law Review
Admirers of the common law are prone to point with pride to its adaptability to meet changing conditions. In codification the tendency toward rigidity would seem to be almost inevitable, particularly in so far as there is an indulgence in attempts at definition. The Uniform Negotiable Instruments Law affords examples of the price to be paid in departing from the ready elasticity of the common law.
Inheritance Taxatlon
Michigan Law Review
The recent decision of the Supreme Court of the United States in Frick v. Pennsylvania, (June 1925) Adv. Ops. 122, 123, 124, 125, is of vital importance in the field of inheritance taxation. The facts as far as material to the present discussion are these: one Henry C. Frick, domiciled in Pennsylvania, died testate in 1919 leaving a large estate, consisting, among other things, of certain tangible personalty permanently located in New York and other tangible personalty located in Massachusetts and stock in various corporations chartered by states other than Pennsylvania. This property was all included in the clear …
Witnesses--When Interpreters May Be Used
Witnesses--When Interpreters May Be Used
Michigan Law Review
A novel situation in regard to the use of interpreters was presented in People v. Walker (Cal. App. 1924) 231 Pac. 572. The prosecution called a witness who was brought in in a crippled and weak condition. He was asked questions, but "the witness could give forth no sound, not even a whisper, by means of the organs of Speech." While the record was not clear whether there was any movement of his lips whatever, at least there was none which conveyed to any person but his wife the impression that he attempted to put forth articulate speech in response …
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Michigan Law Review
Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Next Task Of The Law School, James Parker Hall
The Next Task Of The Law School, James Parker Hall
Michigan Law Review
When, last December, I first saw these beautiful buildings, I could only exclaim: "It is a dream--a wonderful dream come true!" There was nothing original about this exclamation. You have all said or thought the same thing every time you have approached this quadrangle. In my mouth this trite but spontaneous utterance was but part of the res gestae of being conducted through the group by Dean Bates, the proud and intimate spirit of this architectural magnificence. And now, when I am privileged to return and to share in the dedication to the high service of man of this miracle …
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Michigan Law Review
If it be objected that our proposal is wholly novel and that it is the function of the Uniform Act merely to codify existing law, changing it only in so far as is necessary to remove conflicting rules, we would answer that codification in a strict sense is impossible in a field which presents so many conflicting views as that before us. We also believe that the objection is less forceful when the existing law is wholly statutory and half our states have no such law. And we understand that the commissioners have more and more abandoned the strict ideal …
Proof Of Good Faith, Jason L. Honigman
Proof Of Good Faith, Jason L. Honigman
Michigan Law Review
Section 59 of the Uniform Negotiable Instruments Law provides, that, "Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title." Numerous questions of interpretation have arisen in …
Search Of Automobile Without Warrant--When Reasonable
Search Of Automobile Without Warrant--When Reasonable
Michigan Law Review
The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …
The Effect Of Martial Law Upon The Soldier's Liability To The Citizen
The Effect Of Martial Law Upon The Soldier's Liability To The Citizen
Michigan Law Review
The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?
Subrogation-The Effect On Equity Jurisdiction Of The Legal Remedy Becoming Adequate
Subrogation-The Effect On Equity Jurisdiction Of The Legal Remedy Becoming Adequate
Michigan Law Review
As the common law courts develop and discard many of their technical rules it often happens that a remedy at law formerly inadequate becomes perfectly adequate to administer substantial justice to all parties concerned. When such a situation arises the question is raised as to whether or not equity jurisdiction in that field has been ousted. Historically the greatest factor in equitable relief was the inadequacy of the remedy at law. From a strictly logical point of view it would seem that when the remedy at law becomes adequate the Chancellor is pro tanto deprived of his· right to give …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
An announcement of prizes and honors at the law school.
Arbitration Under The Modern Statutes
Arbitration Under The Modern Statutes
Michigan Law Review
Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
Michigan Law Review
Not the least serious of the evil effects of the Great War has been the resultant collapse in value of the currencies of foreign countries and the consequent dislocation of exchanges. The case of Sirie v. Godfrey, decided in the Appellate Division of the Supreme Court of New York, presents clearly one of the legal problems arising out of this situation. Goods were bought by an American lady in Paris, in 1913 and 1914, at a cost of about 10,000 francs. These goods were delivered in due time but were not paid for. At the time the goods were …
The United States And The Mandates, Quincy Wright
The United States And The Mandates, Quincy Wright
Michigan Law Review
Although the United States has not yet become a member of the League of Nations nor burdened itself with any responsibilities in regard to the mandatory system established by that instrument for the government of former German and Turkish colonies, nevertheless (1) American influence was all important in gaining acceptance of the system by the Paris Peace Conference. (2) American influence was again felt in the process of putting the system into practical operation. (3) Finally the right of America to influence the future operation of the mandates irrespective of her ultimate relation to the League of Nations has been …
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Michigan Law Review
One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.
Negotiable Instruments-Carelessness In Making Checks
Negotiable Instruments-Carelessness In Making Checks
Michigan Law Review
In a recent case the supreme court of Texas held that the drawer of a check could recover from the drawee bank money paid on a check which had been fraudulently altered in amount by the payee even though the drawer was negligent in drawing the check in such a manner as to facilitate the fraudulent alteration. Glasscock v. First National Bank of San Angelo (Nov. 26, 1924) 266 S. W. 393. The court takes the view, though the decision is not based on it, that sec. 124 of the Negotiable Instruments Law which provides that: "Where a negotiable instrument …
Is Non-Cumulative Preferred Stock Cumulative?
Is Non-Cumulative Preferred Stock Cumulative?
Michigan Law Review
A corporation may not lawfully pay dividends except out of profits, this limitation representing one important distinction between stockholders and creditors. Furthermore, as a general rule, stockholders have no right to dividends even out of earnings until they have been declared, it being within the discretion of the directors whether any payment shall be made or not. N. Y. L. E. & W. v. Nickals, 119 U. S. 296. True, this power of the directors is limited by the rule of reasonableness. Dodge v. Ford Motor Co. 204 Mich. 459. But an action to compel a distribution of …
Notice Of Acceptance Of A Guaranty Contract
Notice Of Acceptance Of A Guaranty Contract
Michigan Law Review
In the recent case of Midland Nat. Bank v. Security Elevator Co. (Minn. 1924) 200 N. W. 851, the important question arises as to whether there need be a communicated acceptance of a guaranty in order to consummate a binding undertaking on the part of the guarantor. On this question there is great confusion in the authorities, both as to results and as to reasoning.
Res Ipsa Loquitur-A Presumption Of Law?
Res Ipsa Loquitur-A Presumption Of Law?
Michigan Law Review
As a general proposition the rule of res ipsa loquitur may be said to apply in those instances where a plaintiff is injured and the instrumentality causing the injury is in the complete control and management of the defendant or his servants and the circumstances are of such a nature that ordinarily no injury would result unless there was some negligence on the part of the defendant The rule finds its justification, it is commonly said, in the fact that the defendant being in control of the instrumentality has almost exclusive means of finding the came of the injury while …
The Remedies Of A Landlord Against A Subtenant
The Remedies Of A Landlord Against A Subtenant
Michigan Law Review
As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Equitable Conversion Fiction As A Basis For Inheritance Taxation
The Equitable Conversion Fiction As A Basis For Inheritance Taxation
Michigan Law Review
No one would dispute the jurisdiction of the state where land is situated to impose an inheritance tax upon its transfer at the death of the owner. Callahan v. Woodbridge, 171 Mass. 595, 51 N. E. 176; Matter of Majot, 199 N. Y. 29, 92 N. E. 402, Chamberlain's Estate, 257 Pa. 113,101 Atl. 314. Equally clear is the converse proposition: that no other state except the state where the land lies can impose such a tax. Succession of Westfeldt, 122 La. 836, 48 So. 281; In re Rust's Estate, 213 Mich. 138, 182 N. W. …