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Articles 323611 - 323640 of 325388
Full-Text Articles in Law
Martial Law And The English Constitution, Harold M. Bowman
Martial Law And The English Constitution, Harold M. Bowman
Michigan Law Review
On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Michigan Law Review
Special Assessments Upon Cemetaries - Though the power to tax cemeteries would seem to be'entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See CooLY, TAxATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, i39 IIl. 16, 28 N. E. io76; Mullins v. Cemetery Assoc., 239 Mo. 681, i44 S. W. iog; Buffalo City Cemetery v. Buffalo, 46 N. Y. 5o3; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 5! …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption - Inheritance from Natural Kindred - The plaintiff, a minor, by his guardian sued to recover his share of his deceased grandfather's estate under the law of succession of the state of California. After the death of his father and mother he had been adopted into another family. The statute of California provides that the natural parents of an adopted child are "relieved *** of all parental duties towards and all responsibilities for the child so adopted and have no right over it," and the child and persons adopting "shall sustain towards each other the legal xelation of parent …
Recent Apportionment In New York State , Walter Francis Willcox
Recent Apportionment In New York State , Walter Francis Willcox
Cornell Law Review
No abstract provided.
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The practice of attainting a jury was the method by which for centuries the English law corrected an erroneous finding of fact by the body of men who, in course of time, came to be called a jury. Today this necessary corrective of judicial administration is very inadequately performed by the judge or judges presiding over the trial. The proceeding is now called a motion for a new trial. The new trial is inadequate for the reason that it does not, as did the attaint, substitute a correct verdict for the one given. It merely reverses or sets aside the …
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Michigan Law Review
The first local direct nomination law in Michigan was passed ir 1901; the first general law in 1905. The public opinion, however, which looked to the abolition of the convention system of nomination, rather than to its legal regulation, had its inception as early as 1894. The unusually objectionable primaries of that year led to a pronounced but unorganized agitation for reform, in the course of which a few of the most radical proposed to abolish absolutely all conventions.1 The legislature of 1895 contented itself, however, with attempting the regulation of primaries and conventions, leaving most of the nominating machinery …
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Michigan Law Review
The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Michigan Law Review
The Mortgages in Possession in New York and in Michigan - It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 18o2 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, ii Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adjoining Landowners-Lateral Support.-Defendant was sued for injuries to plaintiff's dwelling on an adjoining lot caused by defendant's having -excavated on his lot after having given plaintiff notice of the intended excavation. Held, defendant, after having given plaintiff reasonable notice of 'the intended excavation, was not liable for injuries to plaintiff's building which resulted from defendant's "ordinarily careful excavation of his own lot:' Vandegrift, et al. v. Boward (Md. I916), 98 AtI. 528.
Tort Liability For Negligence In Missouri, George L. Clark
Tort Liability For Negligence In Missouri, George L. Clark
University of Missouri Bulletin Law Series
It was stated, at the beginning of the first article in this series, that in order to make out a prima facie case in an action based upon a negligent tort of the defendant, the plaintiff must allege and prove not only that the defendant was negligent, but also that the defendant's negligent misconduct was at least a part of the legal or proximate cause of the plaintiff's damage. In this article will be discussed the subjects of legal or proximate cause and contributing misconduct of the plaintiff.
Notes On Recent Missouri Cases
Notes On Recent Missouri Cases
University of Missouri Bulletin Law Series
No abstract provided.
Game Protection And The Constitution, Edward S. Corwin
Game Protection And The Constitution, Edward S. Corwin
Michigan Law Review
The Agricultural Department Appropriation Act of March 4, 1913, contains these provisions: "All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any state or territory, shall hereafter be deemed to be within the custody and protection of the government of the United States, and shall not be destroyed or taken contrary to regulations hereinafter provided therefor."
Tax Exemptions Of American Church Property, Carl Zollmann
Tax Exemptions Of American Church Property, Carl Zollmann
Michigan Law Review
The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Joseph H. Drake
Book Reviews, Joseph H. Drake
Michigan Law Review
A collection of book reviews by multiple authors.
Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat
Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat
Michigan Law Review
With the unprecedented development of the means' of transportation in the early nineteenth century, and the increased use of the corporate form of ownership and control of these means, the inadequacy of the familiar rule of law, respondeat superior, as a protection to the travelling public from the torts of the carrier's servants was recognized. The majority of courts applied with the utmost rigor a test which determined the master's liability by considering whether the act complained of was within the scope of the servant's authority. Some few courts said that the liability depended rather upon whether the act was …
Specific Performance Of Contracts For Arbitration Or Valuation, Alfred Hayes
Specific Performance Of Contracts For Arbitration Or Valuation, Alfred Hayes
Cornell Law Review
No abstract provided.
Some Twilight Zones In Newspaper Libel, Harold L. Cross
Some Twilight Zones In Newspaper Libel, Harold L. Cross
Cornell Law Review
No abstract provided.
Specific Performance Of Contracts For Arbitration Or Valuation, Alfred Hayes
Specific Performance Of Contracts For Arbitration Or Valuation, Alfred Hayes
Cornell Law Review
No abstract provided.