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Articles 10411 - 10440 of 11192
Full-Text Articles in Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption - Right to Inherit from Foster Parents Not Lost by Readoption by Natural Father - In an adopted child's action against the natural children of foster parents and their assigns for the partition of real estate, where it appeared that the child had been re-adopted by the natural father, and where it appeared that she had stood by while the natural children sold the property to the co-defendants, it was held that the right to inherit from the foster parents was not lost by the readoption by the natural father and that she was nct estopped to assert her …
Equitable Defenses Under Modern Codes, E W. Hinton
Equitable Defenses Under Modern Codes, E W. Hinton
Michigan Law Review
An equitable defense to a legal right of action involves a contradiction in terms. Either the equity is no defense at all, or it has become a legal defense.
Law Of Oil And Gas, James E. Veasey
Law Of Oil And Gas, James E. Veasey
Michigan Law Review
The lessor hereby grants to the lessee, his heirs and assigns, the exclusive right to mine and produce from the following described land petroleum and natural gas, with possession of so much of such land as may be necessary for such purpose.
Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson
Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson
Michigan Law Review
Equity, an Analysis of Modern Equity Problems Designed Primarily for Students. George L. Clark, SJ.D., Professor of Law, University of Missouri. E. W. Stephens Publishing Co., Columbia, Mo., igig. Pp. lii, 639.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bills and Notes - "Fictitious Payee" - Payee a Person Not Intended to Have Any Interest - A member of a firm, authorized to sign the firm's name, made checks payable to an existing association, which he did not intend should ever gain possession of or have any interest in such checks, merely for the purpose of obtaining money for himself, which he did by unlawfully indorsing the association's name to the checks. The plaintiff firm now seek to recover the amount of the checks, charged to their account by the defendant bank, and the defense is that the payee …
Salient Points In The German Constitution Of 1919, Simeon E. Baldwin
Salient Points In The German Constitution Of 1919, Simeon E. Baldwin
Michigan Law Review
The German Constitution of i919 is the production of the right wing of those belonging to the party known as the Social Democrats, and until the fall of the empire commonly called the International Socialist ,Party.
Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page
Development Of The Doctrine Of Impossibility Of Performance, William Herbert Page
Michigan Law Review
In common with other systems of law, Anglo-American law has grown in part by the use of analogies; and in part, by receptions from other systems of law.
Book Reviews, Hessel Edward Yntema, Edwin C. Goddard
Book Reviews, Hessel Edward Yntema, Edwin C. Goddard
Michigan Law Review
To Joseph Story goes the credit of having introduced to American and to English law that field which he, following Ulric Huber, denominated the conflict of laws. It should not, however, be forgotten that behind Story lay at least six centuries of continental criticism upon which he drew for his materials. And it should be of peculiar interest to those trained in the Common Law to have pointed out the extent to which this most controversial of subjects was from the outset influenced by the practice of the courts. In the present monograph, originally written in celebration of the seventy …
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
The questions heretofore considered are general in their scope, and were treated for the purpose of providing a background for the more intensive study upon which we must now enter. While commentators refer to this branch of jurisprudence as the "Law of Oil and Gas," it is more exact to say that .we are dealing with the law pertaining to oil and gas leases. This is true because the oil and gas lease characterizes and distinguishes the subject throughout. For reasons which inhere in the very nature of the business a lease yielding the lessor a royalty on the quantity …
Power Of Congress To Declare Peace, Edward S. Corwin
Power Of Congress To Declare Peace, Edward S. Corwin
Michigan Law Review
In the course of the discussion which has been aroused in Congress by the proposal to declare hostilities with Germany at an end by joint resolution, Senator Thomas of Colorado has brought forward evidence showing that on one occasion the Convention which framed the Constitution voted down unanimously a motion to vest Congress with the power to "make peace." This evidence is good so far as it goes, but it does not support all of Senator Thomas's deductions from it, nor indeed has he given an altogether complete account of it. The proposal in question was made and rejected by …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Color of Title - Deed Color of Title Although Known not to Convey Title - In a suit for trespass the land which the plaintiff claimed to own was in part occupied by plaintiff's church building and the adjoining lot was used by the members of the church for hitching iheir horses and for picnics, etc. Both tracts had been so used by the plaintiff for twenty-five years or more. The land was conveyed by A to plaintiff, by deed recorded, describing the land purported to be conveyed. The defendant claimed that the deed did not operate …
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Michigan Law Review
The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.
Law Of Oil And Gas, James A. Veasey
Law Of Oil And Gas, James A. Veasey
Michigan Law Review
No thoughtful observer will presume to gainsay the all-important part which the oil business plays and will continue to play in the industrial, commercial and social life of the civilized world. Long before the great war this fact was deeply impressive, and was generally recognized. At the end of that conflict it was said with much truth that the Allies had floated to victory upon a sea of oil. Now, standing as we are at the threshold of a new era rich in industrial and commercial promise, no man can foresee nor even approximate the mighty expansion which will characterize …
When Are Deeds Testamentary, Henry W. Ballantine
When Are Deeds Testamentary, Henry W. Ballantine
Michigan Law Review
It is no objection to a deed that it is used as a substitute for a will, to avoid the expense and delay of probate proceedings. The frequent litigation arising over such deeds, however, shows that this expedient is a* dangerous one unless the grantor uses great care to avoid certain snares and pitfalls which the law in its wisdom provides for the unwary. The grantor may attempt to accomplish his purpose either by express provisions embodied in the deed itself, or by external, collateral conditions, preserved by the delivery of the deed to a deposifory. This paper will consider …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Accretion - Title to New Land - Encroachment of Watercourse Upon Lands Beyond - D's lands were bounded on the east by a river and on the west by the land of P. By erosion the river slowly shifted until all of D's tract was washed away as well as part of P's holding. The river then slowly receded and the land of P was built up as was also new land east of the former boundary of P and D. P brings an action to quiet title for the land newly formed. Held, title to the land in dispute …
Book Reviews, John B. Waite, Ralph W. Aigler
Book Reviews, John B. Waite, Ralph W. Aigler
Michigan Law Review
The Negotiable Instruments Law Annotated by Joseph Doddridge Brannon, Professor of Law Emeritus, in Harvard University. Third Edition. The W. H. Anderson Company, Cincinnati, 1920, pp. lxvi, 662. That this is the third edition of this compilation, indicates a favorable reception by law book buyers. In this case the demand should not be confinned to lawyers, for the book would be of particular value to bankers and others of the lay world who have to deal with commercial paper. And for such readers, who seek practical information as to the characteristics and qualities of particular instruments as affected by the …
Writs Vs Rights An Unended Contest, Lyman P. Wilson
Writs Vs Rights An Unended Contest, Lyman P. Wilson
Michigan Law Review
It is desired in the following pages, even at the expense of repeajing much that is already common knowledge, to emphasize that as yet we are not done with the formulary system of the common law, despite the fact that codes of civil procedure in most of our states have purported to end the varied and interesting career of forms of action at common law by legislating them out of existence. However, that legislative edict has been about as effecttive as was the famous, but probably mythical, order of King Canute to the waves of the sea. Certain well-known illustrations …
Fictitious Payee, Victor H. Kulp
Fictitious Payee, Victor H. Kulp
Michigan Law Review
It is proposed to discuss the doctrine that negotiable instruments with fictitious payees are deemed payable to bearer, and to note the conditions and limitations of the rule.
Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard
Note And Comment, Ralph W. Aigler, John B. White, Grover C. Grismore, Edwin C. Goddard
Michigan Law Review
Deeds Delivered Conditionally to the Grantee - Generally courts have shown a commendable disposition to get away from the formalism, which in the past played such a large part in determination of questions of delivery. While the actual tradition of the instrument to the grantee or to someone on his behalf, on the one hand, or its retention in the hands of the maker, on the other, is still very important evidentially, such facts are not by any means controlling. Thus it is entirely possible for a deed to be delivered though it never has been out of the grantor's …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Tenants in Common - Inception of Hostility - A father died leaving seven children as heirs to his farm. Since 1883, the plaintiff, who was the eldest son. had been in continuous and exclusive Dossession, paying all the taxes and taking all the profits without rendering any account to his co-heirs. Before 1883, the plaintiff had rebuilt the house on the premises, and in xgoi, he built a barn on the place. In a suit to quiet title, it was held, that it was a permissible inference from all the evidence that the plaintiff had gained title …
Book Reviews, Joseph H. Drake
Book Reviews, Joseph H. Drake
Michigan Law Review
The appearance in permanent form of these five lectures, which were first published in the Fortnightly Review in 1878 and i879, will be welcomed by all interested in the history of jurisprudence, since they put forth in most attractive form several of the basic principles of the subject as they were understood by learned English jurists forty years ago. They are reissued in practically unchanged form, with annotations by Professor Lefroy, whose untimely death apparently occurred before the volume was printed, though there is no notice of that sad event in the book itself.
League Of Nations And The Constitution, J M. Matthews
League Of Nations And The Constitution, J M. Matthews
Michigan Law Review
The Covenant for a League of Nations has justly aroused an immense amount of discussion in this country, since it undoubtedly presents to the American nation the most important of the many questions of foreign policy growing out of the Great War. Most of this discussion has dealt with the matter solely from the standpoint of policy or expediency, without noticing the interesting constitutional questions involved. When the Covenant has, on occasion, been considered from the constitutional point of view, such corsideration has generally been merely incidental and the writer's or speaker's views as to the desirability of subscribing to …
Administrative Legislation, John A. Fairlie
Administrative Legislation, John A. Fairlie
Michigan Law Review
Few people are aware of the great extent to which public administration in the United States national government is controlled by means of administrative regulations or orders, in the nature of subordinate legislation. Most writers on American government have emphasized the greater detail of statutory legislation in this country as compared with the statutes of continental countries in Europe, or even with Acts of Parliament in Great Britain, and have under-estimated, and indeed have usually ignored entirely, the enormous mass of administrative legislation supplementing Acts of Congress, and issued by the President and the various executive departments, bureaus, commissions. and …
Note And Comment, Joseph H. Drake, Grover C. Grismore, Victor H. Lane, Edgar N. Durfee, Robert G. Day
Note And Comment, Joseph H. Drake, Grover C. Grismore, Victor H. Lane, Edgar N. Durfee, Robert G. Day
Michigan Law Review
Epithetical Jurisprudence and the Annexation of Fixtures - If we begin with all the facts of a controversy and proceed inductively to determine the rights of the parties litigant, we thus arrive at a jurisprudence of rights, whereas, if we reason deductively from a rule, a definition, or a maxim of law to its application in the facts of our case, we can at best attain only a jurisprudence of rules, which has been so aptly characterized as an epithetical jurisprudence. The subject of fixtures is one in which we have great difficulty in applying the inductive method because the …
Note And Comment, Edwin C. Goddard, Victor H. Lane
Note And Comment, Edwin C. Goddard, Victor H. Lane
Michigan Law Review
Public Utility Valuation - Cost of Reproduction Theory and the World War - The very grave objections to the cost-of-reproduction theory of valuation of public utilities was pointed out at large in 15 MICH. L. REv. 2o5. The violent price changes following the World War have greatly increased the weight of these objections to calling anything a base which rests on such uncertainties and fluctuations as cost-of-reproduction. A base should be stable, but this has the stability Of a flying machine. There had been a rising curve of costs from 1893 to 1i16, but since that date the rise has …
Index, Michigan Law Review
Index, Michigan Law Review
Michigan Law Review
Index for Volume 19 of Michigan Law Review, including a cumulative Table of Contents for Volume 19 as a whole.
Duration And Termination Of An Offer, Herman Oliphant
Duration And Termination Of An Offer, Herman Oliphant
Michigan Law Review
Professor Williston has recently pointed out' the change which the law of the formation of simple contracts underwent during the first century of its development. The change is fundamental. Originally the courts thought of a simple contract as involving an actual concurrence of the minds of the parties. Gradually this conception was supplanted by the notion that the objective and not the subjective state of mind of the parties is controlling. Where the actual state of mind differs from the apparent state of mind, the former must be ignored and, whenever they happen to be identical, it may be ignored …
Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner
Intrinsic Limitations On The Power Of Constitutional Amendment, George D. Skinner
Michigan Law Review
Just as the war has educated the public in geography, so the question of amending the organic law of the country has stimulated discussion concerning our own legal and political institutions. The amendments providing for the direct election of senators and for federal power to levy an income tax attracted little attention compared with the sudden interest in legal questions which the so-called prohibition amendment has aroused, for it touches upon a matter of very intimate personal concern to many people and one over which very heated controversies have raged. Matters involving, or which are made to involve, moral issues …
Note And Comment, Edwin C. Goddard, Louis Kawin, Robert G. Day
Note And Comment, Edwin C. Goddard, Louis Kawin, Robert G. Day
Michigan Law Review
Escheat - How State Acquires Title - Escheat is of feudal origin, and properly applied only to land which on failure of heirs or for certain other reasons, "fell in" to the lord under whom it had been held. Personal property without an owner, as bona vacantia, became the property of the crown. In re Bond [Igo1] i Ch. 15. In the United States escheat is used more broadly, but usually arises when the owner of property dies intestate without heirs. Our'alienage laws have generally removed disabilities of aliens to take, but in some jurisdictions there may still be escheat …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement - Liability of Notary - Where the defendant, a notary, certified that certain impersonators of the grantors were known to him, and that they were the persons who executed the deeds, and the plaintiff who accepted the deeds as security for a loan in reliance upon the certificate of the notary was defrauded, held, the defendant was guilty of negligence and must respond in damages for not fulfilling the requirements of Sec. i185 of the Civil Code: that "the acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the …