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Articles 10171 - 10200 of 11192
Full-Text Articles in Law
The New Colombian Law Of Bills And Notes
The New Colombian Law Of Bills And Notes
Michigan Law Review
The collection of "Laws Presented to the Government of Colombia by the Commission of American Financial Experts, and an Exposition of Motives by the Latter" (Bogota, 1923, Casa Editorial de Cromos; with an introduction by Dr. Cesar Julio Rodriguez), states by way of introduction that Law 60 of 1922 authorizes the government to contract abroad with five experts in public administration to come to Colombia and assist in the preparation of bills for laws or decrees for the reorganization of the national fiscal system. In accordance with this law the Colombian Minister at Washington, Dr. Enrique Olaya Herrera, engaged the …
Simplified Civil Procedure Under The Wisconsin Code
Simplified Civil Procedure Under The Wisconsin Code
Michigan Law Review
A rare illustration of the possibility of simplified procedure, under the modern codes, is presented by a recent decision of the Wisconsin court. Singularly enough the case was also productive of some very interesting problems of substantive law, and will be commented upon, from that standpoint, elsewhere in this publication. As for the fact situation, it will be sufficient for our present purposes, to note that the plaintiff was injured, while riding as a guest, as the result of a collision occasioned by the negligent driving of her host and the operator of another automobile. The guest and the driver …
To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence
To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence
Michigan Law Review
X accepts an invitation to ride with his friend A, in the latter's coupe. B has a party of friends in his new limousine. Both drivers are careless; the cars collide; and X is injured. X brings suit against B, and the latter has A brought into court as a defendant, a proceeding permitted under the provisions of the Wisconsin code of civil procedure. B claims the right of contribution against A, in the event that X is successful in his suit, and also asks affirmative relief against A for the damage done to his limousine. A counters with a …
Remedies, Rights, And Equitable Estates
Remedies, Rights, And Equitable Estates
Michigan Law Review
Reasoning from remedies to rights has always been in vogue. In primitive law, as Sir Henry Maine observed, the law of actions has such ascendency that "the substantive law has at first the look of being gradually secreted in the interstices of procedure." EARLY LAW AND CUSTOM, 389. As law matures, the distinction between substantive and adjective law becomes clearly recognized and it becomes the common method of legal analysis to found conclusions as to rights and duties upon bases remote from procedure and then to turn to adjective law demanding a remedy for the rights thus established. This process …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
"Current Funds" As "Money" In Commercial Paper
"Current Funds" As "Money" In Commercial Paper
Michigan Law Review
By the Uniform Negotiable Instruments Law, §1 (2), it is provided that an instrument to be negotiable "must contain an unconditional promise or order to pay a sum certain in money"; and by Section 6 (5) it is declared that "the validity and negotiable character of an instrument are not affected by the fact that * * * [it] designates a particular kind of current money in which payment is to be made." The Illinois statute inserts before the word "designates" the following: "Is payable in currency or current funds, or." There is nothing in the language of the statute …
Arrest Without A Warrant, Horace L. Wilgus
Arrest Without A Warrant, Horace L. Wilgus
Michigan Law Review
We shall now consider the circumstances under which a person (D) may be arrested for treason (T), or felony (F), or breach of the peace (BP), or other misdemeanor (M), or breach of a city ordinance (BO), without a warrant, by a private citizen (C), or a peace officer (O), prior to, at the time of, or after the commission of the offense. It is assumed that O acts within his territorial jurisdiction.
Contracts--Modern Rules As To Past Consideration Furnished At Request
Contracts--Modern Rules As To Past Consideration Furnished At Request
Michigan Law Review
Very early in the history of contract law it was recognized that goods delivered or services rendered in the past could not furnish valid consideration for a present promise, for there was no quid pro quo, no element of exchange. But the equities in favor of the promisee in such cases, in view of the fact that assumpsit would lie only on an express promise, were frequently so strong that in 1615 we find an exception created. Lampleigh v. Brathwait, Hobart 105, held, that if the past services or goods had been furnished at request, the present promise …
Criminal Assault Through Negligence--Bonding Automobile Drivers
Criminal Assault Through Negligence--Bonding Automobile Drivers
Michigan Law Review
The Supreme Court has recently declared constitutional and valid the New York legislation requiring taxi-cab drivers to file with the state a surety bond or an insurance policy conditioned for the payment of judgments against the driver for personal injuries caused by the operation or the defective construction of his vehicle. Packard v. Banton (Feb., 1924) Adv. Ops. No. 126. The amount of the bond or policy required is only $2,500, though with a continuing liability for that amount during the period of the bond. It appears from the court's opinion that the insurance companies charged a premium of $900 …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Legitimation And Adoption In The Conflict Of Laws, Herbert F. Goodrich
Legitimation And Adoption In The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
Legitimation is defined in Bouvier's Law Dictionary as the act of giving the character of legitimate children to those who were not so born. To make the description complete, it should be added that the natural relation of parent and child must exist between the parties (if strangers in blood the case becomes one of adoption) and that the act or acts of legitimation must be provided for by law.
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
It has been often remarked that the property of a public utility is privately owned, and it was not until recent years that its owners ceased to insist that they had all the rights of a private owner in the use and enjoyment of the property. Munn v. Illinois was a rude jar, but it has withstood the storm it aroused, at least to the extent that it is no longer questioned that property devoted to a public use is subject to public regulation, especially as to the charges that may be made to the public for the use. During …
Bills And Notes-- Acceleration Provisions In Commercial Paper
Bills And Notes-- Acceleration Provisions In Commercial Paper
Michigan Law Review
The decision of the Idaho court in McCormick & Co. v. Gem State Oil & Products Co. (Dec. 1923) 222 Pac. 286, perhaps warrants some further consideration of the problem indicated by the heading. See the very valuable discussion by Professor Chaffee in 32 HARV. L. REV. 747.
Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions
Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions
Michigan Law Review
No other questions are oftener before our courts in these latter days than those which concern the admissibility of evidence objected to under the various constitutional provisions, state and national, providing against unreasonable searches and seizures, and compulsory self-crimination.
Law Review Reunion And Dinner
Michigan Law Review
For some time it has been the custom of many of the alumni who have served on the editorial staff of the Review to return to Ann Arbor each year for a reunion and dinner with the active staff and the Law School faculty.
The Passing Of The Partnership By Operation Of Law
The Passing Of The Partnership By Operation Of Law
Michigan Law Review
A case recently decided in the United States Supreme Court, Giles et al. v. Vette et al., Sup. Ct. U. S. Adv. Ops. Jan. 7, 1924, No. 59, gives us another illustration of the clever way in which the codifiers of the UNIFORM PARTNERSHIP ACT steered their course between the epithetical jurisprudence, built upon the case of Waugh v. Carver, [1793] 2 Henry Blackstone, 235, and the jurisprudence of realities, derived from the interpretation of Cox v. Hickman, [1861] 8 H. of L. cases, 268, by the English court in Mollwo v. Court of Wards, [1872] …
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Michigan Law Review
The Supreme Court in four decisions has gone far in sustaining Congress and the Interstate Commerce Commission in regulating interstate commerce: (1) in sustaining the Adamson Act of 1916, establishing an eight-hour day for interstate railroads. Wilson v. New, 243 U. S. 332 (1917); Ft. Smith, etc. R.R. 71. Mills, 253 U.S. 306 (1920); (2) in sustaining the "recapture" clause in the Transportation Act of 1920 impounding surplus earnings of prosperous railroads, Dayton-Goose Creek Ry. v. United States, decided January 7, 1924; (3) in sustaining the order of the Commission raising intrastate railroad fares which were so …
Error Without Prejudice
Michigan Law Review
An examination of almost any of our reports of decisions now current, will impress one with the great number of cases reported in which the courts discuss the matter of reversal for error as affected by the question of whether prejudice results from such error.
The Occupation Of Michigan, Elbridge Colby
The Occupation Of Michigan, Elbridge Colby
Michigan Law Review
The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.
The Assignability Of Easements In Gross In American Law, Lewis Mallalieu Simes
The Assignability Of Easements In Gross In American Law, Lewis Mallalieu Simes
Michigan Law Review
In an admirable comment in the Yale Law Journal for June, 1923, signed W. R. V., it was proposed to explain the American cases on the assignability of easements in gross on the ground that those easements which are admeasurable are assignable; while others are not. This explanation is said to be derived from the law of profits. From that view of the American cases the writer respectfully dissents, and desires to show in this article that no good reason exists why easements in gross should not be held to be assignable.
Arrest Without A Warrant, Horace L. Wilgus
Arrest Without A Warrant, Horace L. Wilgus
Michigan Law Review
The word arrest comes from the Latin through the French, and literally means to stop, stay or restrain. In law it relates to restraints upon a person's liberty of locomotion, movement from place to place. To require one to keep her mouth shut is not an arrest, even if wrongful. Every detention or "confinement of the person is an imprisonment, whether it be in a common prison, or private house, or in the stocks," or in the open street or elsewhere. Where codes define false imprisonment "as the unlawful violation of the personal liberty of another," the gist of the …
Bills And Notes--Payee As Holder In Due Course
Bills And Notes--Payee As Holder In Due Course
Michigan Law Review
The problem indicated is one which has perplexed courts very frequently since the enactment of the Uniform Negotiable Instruments Law. Many of the cases dealing with the question are cited and reviewed in successive notes in 15 A. L. R. 437; 21 A. L. R. 1365; 26 A. L. R. 769. See also 59 PA. L. REV. 471 ; 64 Ibid. 318; 70 Ibid. 52; 10 CAL. L. REV. 413; 24 YALE. JOUR. 429; 28 Ibid. 197, 710; 30 HARV. L. REV. 515: 20 MICH. L. REV. 908; 21 MICH. L. REV. 591. Some recent cases may …
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
Injunction As Remedy For Unlawful Taxation
Injunction As Remedy For Unlawful Taxation
Michigan Law Review
Whether or not a court of equity should issue an injunction restraining the assessment or collection of an illegal or wrongful tax is a question concerning which there is little harmony among the cases and writers. 4 POMEROY, EQUITY JURISPRUDENCE, ed. 4, §1781; HIGH, lNJUNCTIONS, ed. 3, §484, p. 363; 37 HARV. L. REV. 255.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
International Law-Counterclaimes In Suits By Foreign Govenments
International Law-Counterclaimes In Suits By Foreign Govenments
Michigan Law Review
The confusion to which the courts are reduced by counterclaims in suits by foreign governments is illustrated by the recent cases on the point in the lower federal courts. Unassisted by an authoritative decision from the United States Supreme Court, they reflect the doubts appearing in most of the American cases, doubts that are founded on both the theoretical and practical difficulty of the questions involved.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.