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Articles 10771 - 10800 of 11192
Full-Text Articles in Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Possession of One Joint-Tenant as Possession of All; Bankruptcy--manner of Claiming Exemptions--Construction of Provisions Relating to Exemptions; Bankruptcy--Title to Property of Bankrupt After Adjudication and Before Election of Trustee; Bills and Notes--Agreement for Attorney Fee Void Under Negotiable Instruments Act; Champterty and Maintenance--Contract with attorney for Contingent Fee; Commerce--Carriers--Federal Employer's Liability Act Held Constitutional; Commerce--State Regulation--Intoxicating Liquors--Carrier's Refusal to Accept; Constitutional law--Equal Protection--Discrimination in License Tax; damages--Injuries to Growing Crops; Damages--liability of Corporation in Punitive Damages for Acts of Its Officers; Evidence--Carbon Copy Admissible as Duplicate Original; Evidence--Judicial Notice that Beer is an Intoxicating Liquor; Garnishment--Impeaching Affidavit--Dissolution; Infants--Torts--Breach of …
Book Reviews, Edson R. Sunderland
Book Reviews, Edson R. Sunderland
Michigan Law Review
Nichols: Michigan Forms of Procedure at Law
Note And Comment, Ralph W. Aigler, Langdon H. Larwill, Walter R. Metz
Note And Comment, Ralph W. Aigler, Langdon H. Larwill, Walter R. Metz
Michigan Law Review
The Rule of Certainty in Damages and the Value of a Chance; Is a Bank Check an Assignment Pro Tanto of the Fund on Deposit?; The "Finger-Print" Case; Right of Husband to Recover Alimony Independent of an Action for Divorce;
The Economic And Legal Basis Of Compulsory Industrial Insurance For Workmen I, James Harrington Boyd
The Economic And Legal Basis Of Compulsory Industrial Insurance For Workmen I, James Harrington Boyd
Michigan Law Review
It is proposed to present to the readers of the Michigan Law Review, the economic and legal basis for the substitution of a new remedy, namely, compulsory industrial insurance for workingmen, in lieu of the common and statutory liability law remedies, as a means for compensating workmen who are injured in the due course of their employment. In Part I, it will be shown not only that the common (and liability) law remedy in its present form does not furnish compensation of any kind in to exceed 12% of the cases of injuries to employees, and even in those cases …
The State Governor I, John A. Fairlie
The State Governor I, John A. Fairlie
Michigan Law Review
In all the States of the American Union there is an official known as the governor, who is at the head of the executive department of the State government. Most of the State constitutions provide that "the supreme executive power" shall be vested in the governor; and in some States, the phrase "chief executive power" is used; while others have the simpler form, "the executive power," as found in the national constitution. The qualifying adjective, "supreme" or "chief," found in most of the State constitutions serves to indicate at the outset a difference in the position of the governor from …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Prior Holding; Appeal and Error--Harmless Error--Admission of Evidence--Mortality Tables; Bankruptcy--Effect of Composition of Liability of Surety on Bankrupt's Note; Bank and Bank--Collections--Insolvency of Collecting Bank; Bills and Notes--instruments Constituting Negotiable Notes; Contracts--Arbitration Clause; Contracts--Indefiniteness of Promise; Contributory Negligence--Acts in Emergency; Corporations--Liability of Corporation in Action for Deceit; Estoppel--School Lands--Title of State; False Pretenses--Defenses--Illegality; Husband and Wife--Support of Self and infant Children--Action by Wife Against Husband; Intoxicating Liquors--Regulation--Prohibition--Police Power; Mortgages Upon Property of Constituent Companies Become a Lien Upon the Property of a Consolidated Company; Municipal Corporations--Liability for Injuries Resulting from Civic Beautification; Municipal Corporations--Partial Vacation of Streets--Title to Land …
Book Reviews, Henry M. Bates
Book Reviews, Henry M. Bates
Michigan Law Review
Watson: the Constitution of the United States, Its History, Application and Construction
Workmen's Compensation In Michigan, Hal H. Smith
Workmen's Compensation In Michigan, Hal H. Smith
Michigan Law Review
The Michigan Commission appointed by Governor Osborn to report upon Employers' Liability and Workmen's Compensation, and to present a law that would embody its conclusions, has formulated its report and laid the same before the Governor. The report deals with the subject from an economic standpoint in so far as it was found possible to divorce it from the legal problems that are so important to a practical and constitutional solution. Though the Commission has in its report made no particular reference to its views upon the legal questions involved, it is evident, that it must have arrived at a …
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Implied Powers Of Agent For Sale Of Land, Floyd R. Mechem
Michigan Law Review
What Here Included--It will be borne in mind that the question here to be considered is not in what form or in what manner authority to sell land may be conferred, e. g., whether it must be by writing or may be by word or act, but whether an authority properly created and unquestionably existing for some purpose will include this one, whether authority unquestionably relating in some form to land confers authority to sell it, and whether an authority clearly authorizing a sale of land confers authority to do some other act relating to it. So far as form …
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Michigan Law Review
The Power of a Court to Compel a jury to Render its Verdict in Accordance with a Peremptory Instruction; The Liability of Municipal Corporations in the Discharge of Public or Governmental Duties and of Private or Corporate Duties; Some views of the Nature and Effect of Corporateness; Mitigation of Damages or Substituted Contract; Limitation of the Amount of a Carrier's Liability
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Army and Navy--Enlistment of Minor--Discharge; arrest--Authority to Arrest Without Warrant--"In His Presence"--"Within His Immediate Knowledge"; Bankruptcy--The Right of a Wife to Recover an Equitable Claim Against Her Husband's Estate in Bankruptcy; Bankruptcy--Title of Trustee as Against Unrecorded Contract of Conditional Sale--Effect of Amendment of 1910; Banks and Banking--Entry of Deposit for Collection--Insolvency of Banks Agent; Bills and Notes--Stipulations for Attorney's Fees--Validity; Corporations--Sale by Corporation to Sole Stockholder--Notice; Criminal Law--Adjournment of Court to House of a Sick Witness; Criminal Law--Error in Admission of Evidence; Damages--Breach of Contract to Carry Dead Body; Damages--Denial of Recovery for Mental Suffering Under Statute; Equity--Equitable Set-Off …
Note And Comment, Paul P. Farrens, Langdon H. Larwill, Leonard F. Martin
Note And Comment, Paul P. Farrens, Langdon H. Larwill, Leonard F. Martin
Michigan Law Review
The Latest Step in the Expansion of the Commerce Clause of the Federal Constitution; The Right of a Trustee of a Bankrupt Partnership to Administer the Individual Estate of an Unadjudicated Partner Against His Will or Consent; Presumption in Favor of Reply Letters; A Novel Case Upon the Question of What Constitutes Former Jeopardy
Book Reviews, Gordon W. Stoner, Edwin C. Goddard
Book Reviews, Gordon W. Stoner, Edwin C. Goddard
Michigan Law Review
Dillon: Commentaries on the Law of Municipal Corporations; Wyman: Public Service Corporations; White: Commentaries on the Law in Shakespeare, with Explanation of the Legal Terms Used in the Plays, Poems and Sonnets, and Discussion of the Criminal Types Presented;
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
Michigan Law Review
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and, will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Hostile Character--Possession Under Executory Contract for Sale; Bills and Notes--Bona Fide Purchase--Effect of Taking After Maturity; Bills and Notes--Bona Fide Purchase--Payment of Forged Check--Recovery of Payment; Bills and Notes--Invalidity of Note--Recovery Upon Original Consideration; Constitutional law--Due Process of Law--Situs of Ship for Purposes of Taxation; contracts--Sufficiency of Typewritten Signature; Copyright--Moving Pictures as Dramatization of Book; Corporations--Stockholder's Meetings--Effect of Withdrawal of Stockholders; Courts--The New Commerce Court--Jurisdiction--First Decision; Covenants Running with the Land--Building Restrictions; Damages--Excessiveness--Personal Injuries--Remittitur; Dead Bodies--Burial Determination of Place; Easements--Merger--Use by Owner of Servient Estate--Adverse Possession; Homicide--Burden of Proof When Insanity is a Defense; Intoxicating Liquors--Illegal Sale--"Dispensing"; Judgment--Collateral Attack--Defective …
Book Reviews, Joseph H. Drake, Joseph H. Drake, Henry M. Bates
Book Reviews, Joseph H. Drake, Joseph H. Drake, Henry M. Bates
Michigan Law Review
Berolzhiemer: The World's Legal Philosophies; Stephenson: A History of Roman Law, with a Commentary on the Institutes of Gaius and Justinian; McMurdy: The Upas Tree
The Mosaic Law, Clarence A. Lightner
The Mosaic Law, Clarence A. Lightner
Michigan Law Review
In recent years much has been learned of the civilization, which developed in early times in Mesopotamia. In Babylon, laws appropriate to a vast and wealthy agricultural nation, which was engaged, also, largely in commerce, had been developed many centuries before the authentic history of other peoples begins. This civilization was Semitic. A great light, where formerly but dim reflections had been seen, was thrown upon this jurisprudence by the discovery, in 1901, of the codification of the laws of Babylonia, which was promulgated by King Hammurabi about 2350 B. C. Migration from Babylonia occurred from time to time, and …
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
Michigan Law Review
The visible universe, from the giant constellation down to the infinitesimal corpuscle, is in a condition of eternal movement, or, we may say, a condition of eternal transportation. Indeed, there seems to be no phenomenon more universal than this transportation. But we are to here consider it merely as a phenomenon of life, in particular, of human life. In common with other higher animals, man possesses organs that characterize him as a being eminently fitted for transportation; his arms; his legs; even his vocal organs, fitted for transportation (or transmission) of the intangible, that is, of intelligence communicated from one …
Note And Comment, Walle W. Merritt, Albino Z. Sycip
Note And Comment, Walle W. Merritt, Albino Z. Sycip
Michigan Law Review
Death of Gustav Stein; "Unenforcible Trusts" Made Enforcible by Statute; What Becomes of the Real Property of An Eleemosynary Corporation Upon its Dissolution?; Crossed Checks in England, and an American Analogy;
The Recall And The Political Responsibility Of Judges, W. F. Dodd
The Recall And The Political Responsibility Of Judges, W. F. Dodd
Michigan Law Review
The movement for the recall of State officers is one which has became important only within the past three or four years. The first application of the recall as a modem institution in the United States appears to have been in Los Angeles in 19o3, where the institution was adopted in the amendment of the charter framed by that city. From Los Angeles the recall as applicable only to municipal officers spread to other California cities, and has now been rather widely adopted in other States. The first State constitutional amendment with respect to the recall, that of California in …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …
Book Reviews, Edwin C. Goddard, Ralph W. Aigler
Book Reviews, Edwin C. Goddard, Ralph W. Aigler
Michigan Law Review
Walker: History of the Sherman Law; Bigelow: The Law of Fraudulent Conveyances;
Recent Interpretation Of The Sherman Act, George W. Wichersham
Recent Interpretation Of The Sherman Act, George W. Wichersham
Michigan Law Review
The only legitimate end and object of all government is the greatest good of the greatest number of the people. The means by which this end is attained vary in accordance with the experience and the temperament of the people. Government is necessarily more or less of an experiment at all times, but as men have been making similar experiments ever since the dawn of recorded history, the waste of repeating unsuccessful experiments of the past may be avoided by studying the records of the results of earlier effort; and, other things being equal, all thoughtful persons will agree, that …
The Doctrine Of Survivorship And The Definition Of A Vested Remainder, Henry W. Webber
The Doctrine Of Survivorship And The Definition Of A Vested Remainder, Henry W. Webber
Michigan Law Review
Here probably is not a more cited case in the law of survivorships than the leading case of Moore v. Lyons, which, in 1840, firmly laid down the rule of construction that words of survivorship prima facie refer to death in the lifetime of the testator, rather than to death in the lifetime of the life-tenant. In a devise, therefore, to one for life, and from and after his death to two others (naming them), or to the survivor of them, the remainderman takes a vested interest at the death of the testator even though one of them predeceased the …
Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.
Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.
Michigan Law Review
The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Actual Possession--Occupation of Part; Banks and Banking--Payment of Deposits on Forged Checks--Liability--Affirmative Defense; Banks and Banking--Payment of Check--Forged Indorsements; Cancellation of Instrument for Want of Consideration--Stauts Quo; Charities--Charitable Gift--Validity; Commerce--Interstate Commerce--Continuous Shipment--Violation of Elkins Act; Constitutional Law--Power of Judicial Department--Infringement on Executive; Conversion--Return of Goods as Defense; Conveyancing--Grantee's Name Left Blank; Courts--State Courts--Jurisdiction over National Banks; Criminal Law--Harmless Error in Admission of Evidence; Equity--Subrogation of Mortgagor to Rights of Mortgagee; Evidence--Admissibility of Statements in Corroboration of Testimony of Discredited Witness; Evidence--Other Offenses as Evidence of Offense Charged; Fixtures--Between Vendor of Chattel and Mortgagee of Land; Husband and Wife--Action Against …
Book Reviews, Henry M. Bates
Book Reviews, Henry M. Bates
Michigan Law Review
Dodd: The Revision and Amendment of State Constitution; Leaming: A Philadelphia Lawyer in the London Courts;
The New York Employers' Liability Act, Andrew Alexander Bruce
The New York Employers' Liability Act, Andrew Alexander Bruce
Michigan Law Review
In the recent case of Ives v. South Buffalo Railway Company the New York Court of Appeals annulled upon constitutional grounds, the so-called Wainwright Workmen's Compensation Law which sought to impose upon employers in certain specified extra-hazardous occupations a limited liability in cases of injuries to their employees regardless of the fact as to whether the negligence of the latter might have contributed to the injury or whether the risk had been well understood and assumed. The act did not abolish or modify the common law liability of the employer in cases where contributory negligence or assumption of risk could …
Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham
Note And Comment, Edson R. Sunderland, William W. Montgomery, H. Stanley Mccall, Charles L. Cunningham
Michigan Law Review
The Passing of State Control over Railway Rates; Constitutionality of the New York Workmen's Compensation Act; Must a Passenger Go on the Same Train with His Baggage?; Implied Reservation of Easements; Extent of the City's Right, Under the Power of Eminent Domain, to Exemption from Liability for Consequential Damages Under the Rule of Damnum Absque Injuria;