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Articles 11071 - 11100 of 11192
Full-Text Articles in Law
Marriage And Divorce In State And Church, Benjamin Brewster
Marriage And Divorce In State And Church, Benjamin Brewster
Michigan Law Review
When, in 1831, the French philosopher De Tocqueville visited America, he was impressed with the stability of the marriage relation. In his great work, "Democracy in America," he thus sums up the results of his observations: "There is certainly no country in the world where the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appreciated." And this acute and discerning reasoner makes a further reflection, from his stand-point as one interested in the maintenance of order and stability in the state: "Agitated by the tumultuous passions which frequently disturb …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
A Lesson in Patriotism from Pennsylvania; The Effect of a Motion by Each Party for a Directed Verdict; The Right of Privacy; Mutual Mistake as to the Quantity of Land Conveyed; The Privilege; Riparian Owner's Title to Contiguous Islands;
Recent Legal Literature, Edson R. Sunderland
Recent Legal Literature, Edson R. Sunderland
Michigan Law Review
Taylor: Jurisdiction and Procedure of the Supreme Court of the United States; The American State Reports, and Green: Digest of the Decisions of the Courts of last resort of the several states from 1887 to 1904, contained in the American State Reports, Vols. 1 to 96, inclusive, and of the notes to the cases reported therein, and Torbert: Table of Cases alphabetically arranged as to the several states in the American Decisions, 100 vols., American Reports, 60 vols., American State Reports, 100 vols.,showing the cases to which notes are appended, also what cases in these …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …
Curb-Stone Patent Opinions, Dwight B. Cheever
Curb-Stone Patent Opinions, Dwight B. Cheever
Michigan Law Review
Having been asked almost every day for the last nine years for offhand-commonly called curb-stone-opinions on one or more of certain very elementary propositions in Patent Law, it has occurred to me that perhaps a discussion of some of these questions would be of more practical value to the readers of this magazine than a comprehensive discussion of a more elaborate subject.
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Statute Requiring Examination and License as Prerequisites to Ownership or Management of a Dental Office Unconstitutional; Railroad Control of the Telegraph Business; The Need of Uniform Laws Governing "Conditional Sales"; Jurisdiction of Equity over Void Instruments; Quitclaim Deed as Affecting the Question of Good Faith; Competency of a child as a Witness; Compensation for Party Walls as Between Subsequent Grantees;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Equity Decree in Support of; Bankruptcy--Attachment--Sheriff's Fees; Bankruptcy--title of Trustee--Validity and Preservation of Liens; Bills and Notes--Discharge of Endorser of Check--Waiver; Bills and notes--Indorsement of Payee Forged by Drawer--Recovery by Drawee; Constitutional law--Equal Protection of the Laws--master and Servant--Railroad Fellow Servants' Act; Corporate Stock--Statute Requiring Registration of Transfer--Attachment; Criminal law--Evidence--confidential Communications--Letters from Accused to Wife; Dead body--Action for Mutilation; Deeds--Delivery--Estoppel; Deeds--Fraudulent Conveyance--bona Fide Purchaser from Fraudulent Grantee; Domicil--Election--Residence and Intention; Ejectiment--By Railroad Company for Right of Way; Equity--navigable Waters--Obstruction--Special Injury; Equity--Personal Trespass--Injunction; Foreign Corporations--Failure to Comply with Laws--Effect on Contracts; Judicial Officer--Liability of Inferior Judicial Officer Acting Under a Void …
Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker, Harlow P. Davock, James H. Brewster
Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker, Harlow P. Davock, James H. Brewster
Michigan Law Review
Langdell: A Brief Survey of Equity Jurisdiction; Vance: Handbook of the Law of Insurance; Collier: The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898; Yearbook of Legislation, 1903;
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Michigan Law Review
In determining what aspect of the general question I should discuss in the brief time available, it seemed to me desirable that I should confine my attention to the constitutional aspect of the matter, leaving the discussion of the practical workings of the various laws actually enacted to those who have had more opportunity to observe them. The constitutional side of the matter has already been very ably discussed by Professor Tuttle in MICHIGAN LAW REVIEW and I do not hope to add materially to what is there said, though certain of the questions may be approached in a somewhat …
Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle
Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle
Michigan Law Review
We have seen by the great weight of authority that removal for cause requires notice, charges and a chance to defend. It remains for us to discuss the most difficult question of all. What is the nature of this power? Is it judicial or executive in character? The importance of this question is two-fold. 1. If executive in nature, the courts have no power to review it by the writ of certiorari. If judicial, they have. 2. If judicial, the question arises, is it constitutional to confer such a power on an executive officer? Upon the question whether the power …
United States Department Of Justice, John A. Fairlie
United States Department Of Justice, John A. Fairlie
Michigan Law Review
The Department of Justice has been developed from the English office of Attorney-General, with important features added in the course of American experience. As early as the reign of Edward I, almost contemporaneous with the appearance of a special legal profession in England, we find Crown Attorneys (Attornati Regis) employed for guarding the royal privileges in the courts. By the time of Edward IV the official title of Attorney-General appears for the first time. A little later, as the distinction between barristers and solicitors became established, the Crown lawyers are distinguished as the King's Attorney and the King's Solicitor. These …
Ecclsiastical Jurisdiction In England, Edwin Maxley
Ecclsiastical Jurisdiction In England, Edwin Maxley
Michigan Law Review
Previous to the invasion of William the Conqueror the ecclesiastical jurisdiction in England was not at all clearly defined. Under the protection, and, as protection implies jurisdiction, under the jurisdiction of the bishops were the following: sacred persons and sacred things. Among the former were included men in orders, monks and nuns; and among the latter: churches and church-yards, books and furniture of churches, sacraments, ecclesiastical and marital rituals. So far as can be found, there were not at that time any separate ecclesiastical courts. The bishops, with the assistance of archdeacons and deans, exercised their ecclesiastical jurisdiction through the …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Federal Safety Appliance Act as a Regulation of Interstate Commerce; Liability of Christian Science Healer for Negligence and Deceit; Iowa and the Rule in Shelley's Case; Are Conditions Imposed by the Vendor of Chattels Binding on Subsequent Purchasers? Necessity for the Personal Presence of the Accused Upon Arraignment; Unconstitutional Aids to Local Industries; Damages for Mental Suffering Unaccompanied by Physical Injury
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Boundaries--Mistake; Attachment--Fraudulent Conveyance--Damages for Breach of Promise of Marriage; Bailments--Liability of Private Carrier on a Special Contract; Bailments--Loss of Goods Resulting from Violation of Ordinance; Constitutional Law--Equal Protection of the Laws--Due Process--State's control of Fish and Game; Contributory Negligence--Passenger on Car Platform; Conveyance--Standing Timber--Recording--Bona Fide Purchaser; Deeds--Building Restrictions--Easements; Deeds--Rule in Shelley's Case; Equity--Mistake of Fact--Negligence; Evidence--Photograph--X-Ray; Executors and Administrators--Liability of Executrix to Account fo rTrust Estate Held by Her Testator; Foreign Corporations--Interstate Commerce; Garnishment--Situs of Debt; Gift-Parent and Child--Undue Influence--Presumption; Guardian and Ward--Filling of Blank After Execution; married Women--Separate Estate--Note and Mortgage to Secure Husband's Debt; Master and Servant--Independent …
Recent Legal Lit, Edson R. Sunderland, Henry M. Bates, Gustav Stein, Gustav Stein
Recent Legal Lit, Edson R. Sunderland, Henry M. Bates, Gustav Stein, Gustav Stein
Michigan Law Review
Willoughby: The American Constitutional System; Ingersoll: Handbook of the Law of Public Corporations; Gilbert (ed.): Street Railway Reports, Annotated; Patterson: The United States and the States Under the Constitution
Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle
Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle
Michigan Law Review
Decidedly the most important and best considered debate in the history of Congress, is what Wm. Evarts calls the debate that took place in 1789 in the first session of Congress, under the Constitution, on the question of the nature of the power of the President to remove his appointees from office. The character of this debate is discussed elsewhere in this magazine." Suffice it to say that as a result it was decided then by Congress that under the Constitution the President has the absolute power of removal of all his appointees, without the assent of the Senate. This …
Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Gustav Stein, Horace Lafayette Wilgus
Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Gustav Stein, Horace Lafayette Wilgus
Michigan Law Review
Bodington: An Outline of the French Law of Evidence; Tompkins: A Summary of the Law of Private Corporations and Cases on Corporations, prepared for use of Students in the University Law School (2nd ed.); Pollock: The Expansion of the Common Law; Parker: Where and How, A Handbook of Incorporation
The Abuse Of New Trials, Everett P. Wheeler
The Abuse Of New Trials, Everett P. Wheeler
Michigan Law Review
It would seem a truism to state that the object of courts of justice is to do justice between the parties. Theoretically, for the purpose of promoting this object, a revision is allowed of the proceedings of the court of first instance. This is sometimes had before the full court sitting in bane, and sometimes before an appellate tribunal. But the experience of every lawyer who has much to do with the actual trial of cases and the argument of appeals, is that the decision of the appellate tribunal very often turns, not upon the merits of the case, but …
Practical Suggestions On Codifying The Law Of Warehouse Receipts, Francis B. James
Practical Suggestions On Codifying The Law Of Warehouse Receipts, Francis B. James
Michigan Law Review
Of one hundred and sixty national commercial organizations in the United States, the American Bankers' Association and the American Warehousemen's Association have manifested the deepest interest and cooperation in improving the commercial law and making it uniform. It will be superfluous to discuss the wisdom of and necessity for codifying the law of warehouse receipts and making that law uniform throughout the United States, because the American Warehousemen's Association has already placed itself on record on these questions and appropriated fifteen hundred dollars and The Conference of Commissioners on Uniform State Laws has employed Mr. Barry Mohun of the Washington …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Fayerweather Will Case; Conveyance of Land Includes Building material Fitted For Use Thereon; The Waiver of Fatal Defects in an Indictment; Consolidation of Railroads and Condemnation of Shares of Dissenting Stockholders; Compulsory Vaccination; Confidential Communications Between Physician and Patient; The Law on the Panama Canal Zone;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--alliams Writ--Collateral Attack; Attorneys--disbarment--Malfeasance in Office; Chattel Mortgages--Liability of Mortgagee for Selling More Property than Enough to Satisfy Debt; Conflict of Laws--Comity--Extraterritorial Effect of Laws; Constitutional Law--due Process of Law--Restraint of Insane Persons--Habeas Corpus; Constitutional Law--Eight-Hour Haw--Public contracts; Contempt--Libel of Court; Contract--Construction--Damages; Corporations--Fraud of Directors--Rights of Stockholders; Criminal Law--Habeas Corpus--Waver of Objections as to the Legality of Trial Court; Criminal Procedure--Bill of Exceptions--Presumption as to Evidence; Deeds--In Consideration of Support--Condition Subsequent--Charge Upon Land; Divorce--Alimony--Payment After Husband's Death; Elections--Conduct of Special Elections--Preparation of Ballots; Evidence--constitutional Law--Privilege--Witness; Evidence--Presumption--Suicide; Garnishment--Interests in Expectancy; Husband and Wife--Conveyance to Avoid Taxation--Trusts; Injunction--Parties--Contempt; Insurance, Fire--"Iron Safe" Clause--Waiver; …
Front Matter
Michigan Law Review
Front Matter for Michigan Law Review Vol 3 (1904-1905)
Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory
Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory
Michigan Law Review
The United States receives diplomatic representatives from thirty-seven nations and accredits her representatives to them in return. Six of these on each side are of the highest rank, namely, "Ambassadors Extraordinary and Plenipotentiary," being those received from and accredited to the five great powers of Europe, Austria-Hungary, Germany, Great Britain, Italy and Russia, and to our sister Republic of Mexico. The rest are almost without exception "Envoys Extraordinary and Ministers Plenipotentiary," standing in the second rank of "Les Employés Diplomatiques," to use the term adopted at the Congress of Vienna (1815) where the relative rank was determined which attaches to …
The Old Roman Law And A Modern American Code, Joseph H. Drake
The Old Roman Law And A Modern American Code, Joseph H. Drake
Michigan Law Review
In Book II, on Property, Ownership, and its Modifications, the Porto Rican Code follows closely its Spanish prototype. The main variation in general outline is the omission from the American code of the special property in minerals and in intellectual productions.
Liability Of A Master To Third Persons For The Negligence Of A Stranger Assisting His Servant, Floyd R. Mechem
Liability Of A Master To Third Persons For The Negligence Of A Stranger Assisting His Servant, Floyd R. Mechem
Michigan Law Review
Speaking generally, one person can only be liable for the negligence of another when he stands toward that other in the relation of master and servant. Speaking generally, also, one person can become the servant of another only with the latter's express or implied consent. That consent may be given by him in person or by some agent to whom the power of appointing servants for him has been delegated. Such a power may be expressly conferred or it may arise by implication. There is, for example, a large and familiar class of cases, not now necessary to be considered, …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
A New Instance of the Power of Congress to Destroy by Taxation; Pleading Contributory Negligence Under the Code; Presumptions as to Delivery of Deeds; Jurisdiction of Equity to Restrain Threatened to Wrong; The Power of Courts to Allow Amendments Under the Common Law and Code Procedure; Situs of Debts; The Time Limit for Presentations of Railroad Tickets
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …
Recent Legal Literature, Harry B. Hutchins, Ernst Freund, Gustav Stein, Victor H. Lane, John R. Rood, James H. Brewster, Edson R. Sunderland, C. H. Vantyne
Recent Legal Literature, Harry B. Hutchins, Ernst Freund, Gustav Stein, Victor H. Lane, John R. Rood, James H. Brewster, Edson R. Sunderland, C. H. Vantyne
Michigan Law Review
Reeves: A Treatise on speacial Subjects of the Law of Real Property; Miller: The Data of Jurisprudence; American State Reports, Vols. 96, 97, 98.; Flanders: An Exposition of the Constitution of the United States; Mikell: Cases on Criminal Law; Longsdorf (ed.): Current Law, a complete Encyclopedia of New Law; Harris: A Treatise on American Advocacy; Edgington: The Monroe Doctrine
Doctrine Of Stare Decisis, Edward B. Whitney
Doctrine Of Stare Decisis, Edward B. Whitney
Michigan Law Review
I am requested to present a paper whose theme is suggested by the Present Problems of Private Law, as distinguished from law that has a constitutional or international aspect. I doubt whether there is any other section of the Congress whose themes are so difficult to select. We cover, indeed, those branches that mainly concern the ordinary, plain, steady-going, stay-at-home, law-abiding citizen,-that multitude of questions among which most legal practitioners everywhere are wearing out their lives; working every day and all day upon Present Problems of Private Law. Each of those problems interests the parties to the particular litigation or …
The Old Common Law And The New Trusts, Ditlew M. Frederiksen
The Old Common Law And The New Trusts, Ditlew M. Frederiksen
Michigan Law Review
T HE Civil Code of Porto Rico, our latest Roman American code, gives interesting proof of the fact that the two systems of law, the Roman and the English, which control most of the nations of the civilized world and their dependencies, are, in their essence, but slightly different enunciations of the same principles of natural justice. The parent of the Civil Code of Porto Rico1 is the Spanish Civil Code,2 in force in Spain since May I, 1889, and extended to Cuba, Porto Rico, and the Philippines on July 31, 1889. The Spanish Civil-Code is the result of the …