Law Commons^™

Note And Comment, Michigan Law Review

Michigan Law Review

The American Political Science Association; The Bill of Rights and The Right to Labor; Right to Impeach the Consideration of a Judgment Rendered in Another State; the Function of the "Exhibit" in Copde Pleading; Lapse of Residuary Gifts; "Voluntary Confessions"; The Competency of the Conduct of Bloodhounds as Evidence in Criminal Cases; The "Reasonable Use" of Subterranean Waters

Jurisdiction Over Foreign Ships In Territorial Waters, Charles Noble Gregory

Michigan Law Review

War, says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law …

Recent Legal Literature, Mark Norris, Henry M. Bates, Victor H. Lane

Michigan Law Review

Clement: Fire Insurance as a Valid Contract; Gardner: Handbook of the Law of Wills; Van Dyne: Citizenship of the United States

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--Right to Convey Inchoate Homestead; Agency--Scope of Authority--Sunday Contract; Assignment for the Benefit of Creditors--Action to set Aside; Bankruptcy--Discharge--Debt Created in Fiduciary Relation--Laundry Agent; Bills and Notes--Banks--Payment of Draft to Impost--Liability to Drawer; Chattel Mortgages-Validity--Mortgagor's Possession and Power of Sale in Ordinary Course of Business; Constitutional Law--Due Process at Law--Forfeiture of Lands for Failure to Pay Taxes; Constitutional Law--Local Option Law--Use of Liquors in Religious Worship--Discrimination; Contract for the Benefit of Third Persons--Enforcement by Beneficiary--Assignment; Corporations--Oral Subscription to Stock--Statute of Frauds; Corporations--Promissory Notes--Proof of Execution; Courts--Jurisdiction of State Court to Enjoin a Receiver Appointed by Federal Court; Damages--Automobiles--Frightening Horses--Excessive Speed; …

Administrative Powers Of The President, John R. Fairlie

Michigan Law Review

Turning now to those particular branches of administration where the Constitution confers on the President special powers, we shall find that in these fields he has still more ample authority. Not only do the constitutional grants guard him from encroachment on the part of Congress, but they enable him at times to assume a large degree of legislative power.

Negotiable Instruments Law Its History And Its Practical Operation, Amasa M. Eaton

Michigan Law Review

July 1 1878, several leading lawyers in different states, public spirited men, issued a call for a meeting, to form an American Bar Association. Pursuant to this call seventy-five prominent members of the bar and others, interested in the proposal met at Saratoga Springs, New York, August 21, 1878, and the American Bar Association came into being.

The first object of the Association, as stated in the call for this meeting, was "to assimilate the laws of the different states," and the first article of the Constitution as then adopted and as it still stands, is as follows:

"Its object …

Recent Legal Literature, Robert E. Bunker, James H. Brewster, Harry B. Hutchins, James H. Brewster

Michigan Law Review

Kinkead: Commentaries on the Law of Torts; Massie: Report of the Fifteenth Annual Meeting of the Virginia State Bar Association; Wellman: The Art of Cross-Examination; Niblack: The Torrens System

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for the Michigan Law Review Vol 2 (1903-1904)

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Action to Quiet Title--Venue--change of Venue; Agency--Secret Commission--recovery of both Secret and Stipulated Commission; Attorney and Client--Attorney's Lien--Fund in Court; Bankruptcy--Discharge--New Promise; Bankruptcy--Exemptions--discharge; Bankruptcy--Judgment in Bastardy--Discharge; Banks and Banking--Trust funds--Misappropriation--Subrogation; Contracts--Agreement for Advertising in Street Cars--Breach While Executory--Measure of Damages; Contracts--Agreement to Build with Materials Furnished by Owner--Destruction by Vis Major; Conveyance of Pretended Title--Maintenance--Adverse Claimant--Real Party in Interest; Corporations--Fiduciary Relation Existing Between Directors and Stockholders; Corporations--Fiduciary Relation Existing Between Stockholders and Directors; Courts--Limited Jurisdiction--Effect of Counterclaim; Criminal Law--Burden of Proof--Reasonable Doubt--Insanity--Contradictory and Inconsistent Instructions; Criminal law--Evidence--competency of Wife--Manner of Showing Incompetency--Suppression of Evidence; Damages--Exemplary Damages Where Actual Damage Purely …

Note And Comment, Michigan Law Review

Michigan Law Review

Sarah Caswell Angell; The Students of the Law Department; The Conference of Commissioners on Uniform State Laws; Royal Prerogative--Treasure Trove; The Erie Canal A navigable Water of the United States; Partnership Name--An Asset of the Partnership--Right of the Purchaser to it Use; Maliciously Inducing a Breach of Contract--Lumley v. Gye;

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School; the Mostly Edicuation Commission; Penal Statute--"medical Attendance"--Devine Healing--Constitutional Law; Validity of a Note Given to an Unlicensed Practitioner of Medicine for Medical Services When the Note has Passed Before it is Due to a Bona Fide Purchaser for Value and Without Notice; Parties--Joining Representative of Deceased Joint Obligor--Survivors; Code Pleading--Amendment--Forms of Action; Conflict of Laws--Public Policy--Agreement ot Stifle Prosecution;

Recent Legal Literature, John R. Rood, Bradley M. Thompson, Harlow P. Davock, Harry B. Hutchins

Michigan Law Review

, vols 90, 91, and 92; Veeder (ed.): Legal Masterpieces--speciments of Argumentation and Exposition by Eminent Lawyers; Eastman: The Bankruptcy Law Annotated, Being the National Bankruptcy Act of 1898, as amended; Wambaugh (ed.): Littleton's Tenures in English

The Law Of Reason, Fredrick Sir Pollock

Michigan Law Review

If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …

Administrative Powers Of The President, John A. Fairlie

Michigan Law Review

It is the purpose of this paper to discuss, with some effort at systematic classification the powers of the President of the United States, through which he maintains an effective and responsible control over the whole federal administration. The position of the President in this respect offers a striking contrast to that of the state governors, which is not always fully appreciated in comparisons of the state and federal governments; and an analysis of the President's authority may well suggest some inquiry as to the relative merits of the centralized executive of the federal government, and the decentralized and unorganized …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …

Covenants As Quasi Contracts, Louis L. Hammon

Michigan Law Review

It is the scope of this article to discuss briefly certain forms of covenant with a view to determining whether in their nature they are contractual or quasi contractual. "Quasi contract may be defined as an obligation whereby one person becomes bound to another, without regard to his consent, by a legal tie similar to that arising from contract. It may exist either by statute or by common law, and, if by the latter, it may be enforced either on principle or by reason of custom. As to the cause of the obligation, it may be imposed upon a man …

Note And Comment, Michigan Law Review

Michigan Law Review

The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;

Fellow Servant Doctrine In The United States Supreme Court, Albert Martin Kales

Michigan Law Review

The difficulties of the fellow servant doctrine in the United States Supreme Court have been thought to centre principally about the Ross case. The Baugh case, has been said to go far toward overruling it, and the more recent case of New England Railroad Co. v. Conroy, is now taken as overruling it in terms. Nevertheless, the writer believes that the results of all t here cases may be supported upon a common principle. This principle it is the object of this article to suggest.

Recent Legal Literature, Edwin C. Goddard, Horace Lafayette Wilgus, Jerome C. Knowlton, James H. Brewster

Michigan Law Review

Tiffany: Handbook of the Law of Principal and Agent; Smith: The Modern Law of Municipal Corporations; Hughes: A concise Treatise on Contracts upon a New Plan; Kales: The Homestead Exemption Laws of the State of Illinois

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Who May Take--Competency Affected by Interest; Acknowledgement of Mortgage before Stockholder in Mortgage Corporation--Stockholder as Witness; Agency--Distinguished from Trust; Agency or Service--Telegraph Companies--Knowledge of Operator; Carrier--Refusal of Passenger to Pay Extra Fare--Assault by Conductor on Passenger While Enforcing the Company's Rules; Constitutional Law--Free Speech--Distribution of Circulars; Constitutional Law--Master and Servant--Weekly Payment of Wages; Constitutional Law--Municipal Corporations--Minimum Wage Law; Corporations--Partnership with an Individual; Corporations--Ultra Vires--Replevin Undertaking; Deed--Consideration--Bona Fide Purchaser; Eminent Domain--Appropriation of Railroad Property--compensation; Fraudulent Conveyances--Fraud on Creditors--Withholding Mortgage from Record; Fraudulent Conveyances--Loan by Wife to Husband; Garnishment--Rolling Stock--Rights of Garnishee; Guardian and Ward--Testamentary Guardian; Insurance--Pleading--Waiver--Failure of Notice and Proof--General and …

Note And Comment, Michigan Law Review

Michigan Law Review

Constitutional Law--Compelling one to be a Witness Against Himself--Comparing Defendant's Shoe with Footprints; Rights in Inventions as Between Employer and Employee; Constitutional Law--Power of Legislature to Prescribe Rules of Evidence--Making Conveyance by Person Indebted Prima Facie Evidence of Intent to Defraud Creditors; Decorum of Attorney in Argument--Propriety of Appeals to the Pathetic or Sentimental; Liability of United States for Injury from Elevator in its Public Buildings--Implied Contract to Operate Safely--Case "Sounding in Tort"; Statutes Regulating the Practice of Medicine--Osteopathy; Precedents

Recent Legal Literature, Floyd R. Mechem, Victor H. Lane, Floyd R. Mechem

Michigan Law Review

Dillon: John Marshall, Life, Character, and Judicial Services, as portrayed in the Centenary and Memorial Addresses and Proceedings throughout the United States, on Marshall Day 1901, and in the classic orations of Binney, Story, Phelps, Waite and Rawle; Morse: A Treatise on the Law of Banks and Banking; American State Reports. Vols. 88 and 89.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Authority to Appoint Sub-Agents; Agency--right to Compensation; Bankruptcy--Discharge; Bankruptcy--Discharge; Banks and Banking--Crediting Depositor--Check of Another Depositor; Conflict of Laws--Legitimation of a Bastard--Status Fixed by Domicile of his Parents; Conflict of Laws--Lex Loci Fori--Right of Action in England for Acts in Foreign Country--Territorial Waters; Constitutional Law--Summary Sale of Trespassing Animals; Contract--Public Policy--General Restraint of Trade; Contract--Validity--Release of Employer for Liability to next of Kin for Injury to Employee; Elections--Right of a Party Committee to Question Eligibility of a Candidate; Fraudulent Conveyances--Contingent Fees; Insurance--Condition for Immediate Notice--Excuse; Married Women--Power to Enter into Partnership with Husband--Set off of Debt Due by Partner in …

Latest Development Of The Interstate Commerce Power, Edward B. Whitney

Michigan Law Review

The litigation under the anti-lottery act of 1895, has for the first time raised the important constitutional question whether congress, under its general power to regulate interstate commerce, can select any particular article and exclude it from interstate commerce altogether-whether the power to regulate involves the power to prohibit. For nearly a century after the foundation of the government no attempt was made by congress to restrict interstate commerce by excluding any article therefrom. Quarantine legislation, however, opened the way, and the anti-lottery act sharply raised the question of power. Lottery tickets in the earliest days of the republic were …

Note And Comment, Michigan Law Review

Michigan Law Review

Election of Remedies--right of Party Who Rescinds Contract for Fraud to Maintain Action for Damages Caused by Entering into the Contract; Corporations--Retirement of Preferred Stock by Exchange of Mortgage Bonds Therefore--Acceptance of Amendment by Majority--contracts in Which Directors are Interested--Notice to the Shareholders--Authorization by Vote of Shareholders Interested in the Contract; Physical Examination in Personal Injury Cases

Collateral Attacks Based On Irregularities, John R. Rood

Michigan Law Review

Should judicial action ever be held void on collateral attack by reason of any departure from the prescribed mode of procedure? To discuss this question is the purpose of the present article. The magnitude of the subject will forbid the discussion of any specific departures or modes of procedure in detail. Numberless decisions and discussions on specific points will be found scattered through the books where these points are severally treated. If anything need be said, the comprehensive view is the one most needing attention, and least liable to receive it, because text-writers to a great extent, and the courts …

The Right Of Foreign Corporations To Hold Land, W. A. Coutts

Michigan Law Review

Few questions have been more prolific of litigation than those relating to the legal status of foreign corporations, and the right of foreign corporations to hold land is among the most important of those questions. The statutes of most of the states prescribe certain limitations to the acquisition and holding of land by corporations, foreign and domestic; and the tendency is to place the former upon the same basis as the latter. It is impracticable in this article to discuss those various statutes; the purpose is merely to indicate the reasoning of the courts which is in general applicable in …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Action by Undisclosed Principal; Agency--Authority to Sell Land--Notice of Revocation by Record; Agency--Good Faith--Commissions; Bankruptcy--Intent of Insolvent; Carriers--Damages for Loss of Market--Carriage of Goods Destined for Enegies--Seizure of Ships; Constitutional Law--Cigarettes--Original Package; Constitutional Law--Municipal Corporations--Validity of Ordinance Requiring Union Label; Constitutional Law--Vested Rights--Alimony; Contract--Rescission as Affecting Rights of a Stranger to the Consideration; Contract--Public Policy--Agreement to ASsist Attorney to Secure Clients; Courts--contempt--Publication of Evidence in Newspapers; Criminal law--burglary--Sufficient Breaking; Criminal Law--Embezzlement; Damages--Exemplary--Parol License--Revocable--Trespass; Damages--Reversing Judgment for Defendant in Order to Give Plaintiff Nominal Damages; Deeds--Grantees--Constructions; Deeds--Reservation--Construction--Extent of Property; Deeds--Reservation--effectin Equity--Implied Trust; Fraudulent Conveyance--Who are Creditors--claimant in Tort Action; Highways--Street Car …

Recent Legal Literature, Robert E. Bunker, Harlow P. Davock, Edward Samuel Corwin

Michigan Law Review

Eaton: A Treatise on Commercial Paper and the Negotiable Instruments Law; Hotchkiss: Collier on Bankruptcy (4th ed.); Howard: History of the Louisiana Purchase; Webster's International Dictionary of the English Language;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Nature of Relation--Distinguished from Lease; Bankruptcy--discharge--Judgment Recovered for Alienation of Affections; Banks and Banking--Savings Banks--Pass Books--Payment to Wrong Party--By-Law; Carriers--Passenger Ejected at Wrong Place--Sickness Caused by Act of Carrier; Conflict of Laws--foreign Trustees--Right to Sue; Constitutional Law--Insterstate Commerce--Tax on a Delivering Agent; contracts--Labor Union--Inducing Employer to Break Contracts; Contracts--Validity of Insurance--Property of Alien Enemy--Public Policy; Corporation--Service of Process on Agent; Descent and Distribution--To Illegitimates on the Part of their Mother; Evidence--Defective Sidewalk--Jury--Magnifying Glass; Executors and Administrators--Enforcement of Claims--Limitations; Fraudulent Conveyances--Creditor's Right to Subject Wife's Property to Payment for Improvements Made Thereon by Husband; Fraudulent Conveyances--Personal Liability of Wife for Property …