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Michigan Law Review

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Full-Text Articles in Law

History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks Apr 1921

History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks

Michigan Law Review

Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.


Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard Apr 1921

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard

Michigan Law Review

Boycott - Clayton Act - In Duplex Printing Press Company v. Deering et al. (January 3, 192I) 41 S. Ct. 172, the facts were: The plaintiff, a Michigan corporation, manufactures at Battle Creek, and sells throughout the United States, especially in and around New York City, and abroad, very large, heavy and complicated newspaper printing presses. Purchasers furnish workmen, but ordinary mechanics alone are not competent to do this, and so they are supervised by specially skilled machinists furnished by plaintiffs. The plaintiffs have always operated on the "open shop" plan, without discrimination against union or non-union labor, either at …


Recent Important Decisions, Michigan Law Review Apr 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Color of Title - Written Instrument. - Where the defendant under a parol gift of an entire tract of land, but without any "paper" titlq took actual possession of only a part of the tract, but claimed title up to its well-defined boundaries for the statutory period, it was held, in an action by the heirs of the donor, that the defendant had acquired title to the whole tract. Nelson v. Johnson (Ct. of App., Ky., r92o), 226 S. W. 94.


Book Reviews, G L. Canfield Mar 1921

Book Reviews, G L. Canfield

Michigan Law Review

Handbook of Admiralty Law. By Robert It. Hughes, M.A., LL.D., of the Norfolk (Va.) Bar. Second Edition. St. Paul, Minn.: West Publishing Co., 1920. Pp. xviii, 572.


Respective Rights Of Preferred And Common Stockholders In Surplus Profits, George Jarvis Thompson Mar 1921

Respective Rights Of Preferred And Common Stockholders In Surplus Profits, George Jarvis Thompson

Michigan Law Review

The movement in the field of co5perative commercial undertakings has been; school-book-like, a movement from the simple to the complex, from the common-la* sitaation of persons associating together to conduct a busines for profit to the modern statutory association and the corporation possessing an enormous capital ,derived from a host of individuals whose respective interests are represented -by various -classes -of transferable shares.


Does The Constitution Protect Free Speech, Herbert F. Goodrich Mar 1921

Does The Constitution Protect Free Speech, Herbert F. Goodrich

Michigan Law Review

Many thoughtful men and women, witnessing the suppression of speech, by means both judicial and extra-judicial, in the period through which we have just passed, have reluctantly concluded that our hard won ight of freedom of speech has been lost, swept away in the flood tide of war enthusiasm. They point to the example of the recent candidate for the presidency, Eugene Debs, who is still confined in a federal prison for words he uttered during the war. They call attention to the fact that the fate of Mr. Debs is no worse than that of scores of other persons, …


Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu Mar 1921

Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu

Michigan Law Review

With the legal profession today there is a growing interest in Vthe study of universal legal ideas. Legal ideas, it would seem, gain strength by extension both in time and in space. ,As ius" gentium is necessarily more congenial to human reason than ius civie, so it may. be said that the laws of all ages are more deep-seated in human nature than those of a particular generation. The scope of comparative jurisprudence, therefore, embraces all the length and breadth of legal scholarship, so that it cannot afford to ignore any materials that may give us light upon the legal …


Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon Mar 1921

Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon

Michigan Law Review

Declaratory Judgments - The widespread interest in this ntw form of remedial instrument, which was. somewhat dashed by the recent decision of the Michigan Supreme. Court 'n Amwmy v. Grand Ropds.Ry. Co. (r920), 211 Mich. 59, holding declaritoty relief to b! non-judicial and -outside the constitutional power of 'courts (9ig MicH. LAw Rzv. 86), has been revived by the action of'the legislature of. Kansas in enacting a derlaratory judgment statute almost identical with the .Michigan act.. This was done with full knowledge of the decision in the .4mmy case, and inasmuch -as it is well known that some of the …


Recent Important Decisions, Michigan Law Review Mar 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Possession in One County Carries Possession to Claimed Boundaries in Another County - In an action of ejectment for a tract oft land lying in two counties, the defendant claimed title'by adverse possession undi- color of tiae. The question was whether actual possession in one county woul4 " give constructive possession in the other county. Hel, since the enactment of Section"6, Civil Code, allowing an action for ihe recovery of real property to be brought in the county in which the land -lie, ot any part thereof, actual possession in one couty, gives constructive possession in- the …


Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard Feb 1921

Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard

Michigan Law Review

The Permanent International Court of Justice - For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League


Book Reviews, Edward S. Rogers, John Barker Waite Feb 1921

Book Reviews, Edward S. Rogers, John Barker Waite

Michigan Law Review

Patent Law. by John Barker Waite, Professor of Law in the University of Michigan Law School. Princeton University Press, x92o.


New Hampshire Constitutional Convention, Leonard D. White Feb 1921

New Hampshire Constitutional Convention, Leonard D. White

Michigan Law Review

New Hampshire's tenth constitutional convention, upon whose labors the voters will pass judgment in November, 1920, offers a striking contrast to most constitutional conventions of recent years.' It met originally in June, 1918, sat for three days, during which it organized, appointed its committees, debated andt disposed of an important constitutional question, and then adjourned awaiting the quieter days of peace. Upon reconvening in January, igo, it concluded its work within seventeen days, at an expense of less than $5oooo, and proposed only seven amendments, five of which had been submitted to the voters by previous conventions. For a body …


Damage Liability Of Charitable Institutions, Carl Zollman Feb 1921

Damage Liability Of Charitable Institutions, Carl Zollman

Michigan Law Review

The question of the liability of charitable institutions to actions for damages presents great difficulties. This is not due how- -ever to a lack of cases. The question has peculiarly "engaged the attention of the bench and bar of the country. The problem has been scrutinized from every conceivable viewpoint. The arguments for and against have well nigh been exhausted, and little, if anything, new remains to be advanced".' In their opinions the courts have frequently gone back to certain English cases disregarding the points decided but stressing certain dicta which have been uttered by the judges which decided them. …


Recent Important Decisions, Michigan Law Review Feb 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment - Under a Statute Regulating Acknowledgments by Married Women - An Examination Made Over Telephone is not Sufficient - In a question involving the validity of a mortgage deed, it appeared that the acknowledgment of a Mrs. Bertholf had been taken by means of telephone. The court, in construing the Idaho statute regulating acknowledgments of married women, held that the clear intent of the statute was that all acknowledgments should be taken in person before the magistrati, and any attempted acknowledgment not taken in person, though correct in form and without suspicion of fraud, was void, being beyond the …


The Suspension Of The Absolute Power Of Alienation, Oliver S. Rundell Jan 1921

The Suspension Of The Absolute Power Of Alienation, Oliver S. Rundell

Michigan Law Review

In his Nature and Sources of Law, John Chipman Gray says, "The Common Law has often been reproached with the lack of precision and certainty in its definitions, but, in truth, it is a great advantage of the Common Law, and of the mode of its development by judicial decision, that its definitions are never the matters resolved by the cases; they are never anything but dicta. If at the end of the sixteenth, or of the seventeenth, or even of the eighteenth century, there had been definitions binding by statute on the Courts; if the meaning of 'contract', and …


Note And Comment, G L. Canfield, Edson R. Sunderland, Horace Lafayette Wilgus, George D. Clapperton Jan 1921

Note And Comment, G L. Canfield, Edson R. Sunderland, Horace Lafayette Wilgus, George D. Clapperton

Michigan Law Review

Maritime Liens - Personality of Ship - In Coal Company v. Fisheries Company (Advanced Sheets, Nov. 15, ig2o), the Supreme Court denies a lien for supplies of coal furnished the owner of a fleet of vessels for use thereon and, incidentally, brings into stronger relief the admiralty doctrine of the personality of the ship as distinguished from that of the owner. At the time the arrangement was made, the shipowner was without money or credit and could not enter upon its operations without a supply of coal for its ships and factories. The Coal Company agreed to supply its requirements …


Recent Important Decisions, Michigan Law Review Jan 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Automobiles - Constitutionality of Statute Making Owner Liable for Injury Caused by Another's Negligent Driving The automobile of D, driven negligently by his fifteen-year-old son. injured P. In an action for damages, D offered evidence that his son took and was driving the automobile against his express orders. Held, such evidence is not admissible in view of PUBLIc AcTs or 1915, No. 302, Sec. 29, providing that if the motor vehicle is being driven at the time of the injury by an immediate member of the owner's family it shall be conclusively presumed that it was with the owner's consent …


Book Reviews, Herman W. Oliphant, Ralph W. Aigler Jan 1921

Book Reviews, Herman W. Oliphant, Ralph W. Aigler

Michigan Law Review

The Law of Contracts. Samuel Williston, Weld Professor of Law in Harvard University. New York. Baker, Voorhis & Co., 192o. In four volumes. Vol. I, pp. xxiii, 1155, Vol. II, pp. xxi, 1157-2329


Constitutional Law In 1919-1920, Iii, Thomas Reed Powell Jan 1921

Constitutional Law In 1919-1920, Iii, Thomas Reed Powell

Michigan Law Review

Five of the corporations which fought in vain against exercises of the police power profited nothing from their grasp at the obligation-of-contracts clause. In Milwaukee Electric Ry. & Light Co. v. Wisconsin2 the contract relied on was a clause in the charter of a street railroad imposing on it the duty to keep the space between and near its tracks in good repair "with the same material as the city shall have last used to pave or repave these spaces and the street previous to such repairs, unless the railway company and the board of public works of said city …


Note And Comment, Horace Lafayette Wilgus, Victor H. Lane, William C. O'Keefe, Evans Holbrook Dec 1920

Note And Comment, Horace Lafayette Wilgus, Victor H. Lane, William C. O'Keefe, Evans Holbrook

Michigan Law Review

Baseball and the Judiciary - The acceptance by Judge Kenesaw Mountain Landis of the position of supreme arbiter of professional baseball, as recently announced, raises questions of good taste if not of propriety. It has been generally assumed that Judges of the District Court of the United States have their hands amply full if they do the work incumbent upon them in a way befitting a judge of the United States. It may well be true that the salary provided by the Government is grossly inadequate, but we dare say that no one has considered that the remedy for such …


Constitutional Law In 1919-1920 Ii, Thomas Reed Powell Dec 1920

Constitutional Law In 1919-1920 Ii, Thomas Reed Powell

Michigan Law Review

Two important cases sustained objections to applications of the federal income tax. In each there was vigorous dissent. Evans v. Gore2 held that the constitutional provision that the federal judges shall receive "a compensation which shall not be diminished during their continuance in office" applies to diminution by inclusion of that compensation in the assessment of the general federal tax on net income. The case at bar involved a tax on the i918 compensation of a judge appointed in 1899. While not directly qualified by anything in the opinion, the decision would seem to have no application to judges appointed …


Book Reviews, Edwin D. Dickinson Dec 1920

Book Reviews, Edwin D. Dickinson

Michigan Law Review

Part I of Mr. Ogilvie's book is entitled, "The Evolution of the Principle" and is intended to serve as an introduction to the subject of internatitonal rights on inland navigable waterways. Systematic treatment of the subject is reserved for a later volume. Assuming that free navigation on inland waterways is the natural sequence of freedom on the seas, the author sketches briefly the growth of maritime enterprise, the early development of maritime law, the history of maritime discovery, and the triumph after long controversy of the freedom of the seas- One short chapter is devoted to freedom of navigation on …


Indirect Revocation And Termination By Death Of Offers, James Lewis Parks Dec 1920

Indirect Revocation And Termination By Death Of Offers, James Lewis Parks

Michigan Law Review

In a learned and useful article, entitled "The Duration and Termination of an Offer,"1 by Professor Oliphant, which appeared in the January, 192o number of MICHIGAN LAW RvmIW, the nature of an offer to make a simple contract was considered as well as the question of when such an offer can be regarded as either revoked, or terminated. It is pointed out that where the actual state of mind of the offerer is different from his apparent state of mind that "the former must be ignored, and whenever -they happen to be identical that it may be ignored without effecting …


Recent Important Decisions, Michigan Law Review Dec 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals - Knowledge of Vicious Propensity - Owner not Liable for Dog Upsetting Ford - The defendant's dog had been in the habit of following and barking at automobiles, and this fact was known to the defendant. The plaintiff was riding with her husband in a Ford car, when suddenly the defendant's dog jumped in front of them. By running over the dog, the car was thrown against an embankment and the plaintiff was injured. Held, that the plaintiff was not entitled to recover, there being no evidence of a vicious propensity in the dog. Melicker v. Sedlacek (Iowa, i92o), …


Law Of Oil And Gas, Iv, James A. Veasey Dec 1920

Law Of Oil And Gas, Iv, James A. Veasey

Michigan Law Review

This clause follows the grant, and is one of the most distinctive features of the modern oil and gas lease. Occasionally the duration of the lease is fixed by the granting clause; some times by a miscellaneous provision appearing therein. But generally speaking, the habenduin defines the term of the present-day oil and gas lease. At any rate a discussion of the legal effect of the habendum clause which now characterizes these instruments will involve the treatment of every important question which arises under this heading. At the outset we should observe that the clause is the direct result of …


Constitutional Law In 1919-1920, Thomas Reed Powell Nov 1920

Constitutional Law In 1919-1920, Thomas Reed Powell

Michigan Law Review

This review aims to include all the decisions on constitutional questions rendered by the Supreme'Court of the United States during the October Term of court which began in October, i919, and ended in June, i92o.1 The treatment for the most part contents itself with exposition. The footnotes give references to articles and editorial notes in recognized law journals commenting on the cases here reviewed and on the more important constitutional decisions of other courts.2 The classification of the cases and the arrangement of topics are not satisfactory, but no alternative seems distinctly superior. A classification on the basis of the …


Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek Nov 1920

Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek

Michigan Law Review

A recent writer has inveighed, not without some declamation, against the use of rhetoric in the field of law-making.1 But rhetoric finds a place, and often an unprofitable one, not only in legislation, but even in technical legal analysis. Metonymy (change of name) has often been pointed out. When we say that X is the owner of blackacre, what we mean is that X has certain legal advantages concerning blackacre; in other words, that X is the holder or dominus of claims (rights) and powers concerning certain land. Synecdoche (saying more or less than i' meant) is very commonly found; …


Constitution Of The Empire Of Japan, George A. Malcolm Nov 1920

Constitution Of The Empire Of Japan, George A. Malcolm

Michigan Law Review

In the history of the Japanese people, five dates stand out above all others. They are 66o B. 'C., when, according to legendary account, the Empire of Japan was founded .by the Emperor Jinmu; 1853, when Commodore Perry, with an American squadron, anchored offside what is now Yokohama and caused the opening of Japan to foreign intercourse; 1867-1868, when there was a restoration'of the monarchy, marking the beginning of the Meiji Era of Constitutionalism; and 1889, when the Constitution of Japan was promulgated.


Interest On Claims In Receivership Proceedings, Ralph E. Clark Nov 1920

Interest On Claims In Receivership Proceedings, Ralph E. Clark

Michigan Law Review

Outside the cases of receivership, the Supreme Court of the United States has said: "We reach the conclusion that whatever may have been the English and early American rule, the tendency in Virginia as elsewhere in this country, is to allow interest on contracts to pay money from the date that the debt becomes due."'


Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler Nov 1920

Note And Comment, Alan W. Boyd, Edson R. Sunderland, Edwin C. Goddard, Edgar N. Durfee, Ralph W. Aigler

Michigan Law Review

James H. Brewster - Thousands of alumni and former students of the Law School will learn with deep regret of the sudden death of Professor Brewster in Denver, Colorado, on October 7, 1920.