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Full-Text Articles in Law

A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland Dec 1917

A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland

Articles

In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential. If this is true, it must be because there is something in civilization itself which diminishes the necessity for a resort to actual force in sustaining the judgments of courts. And it is quite clear that civilization does supply an element which is theoretically capable of entirely supplanting the exercise of force in the assertion of jurisdiction. This ...


Legal Education, Henry M. Bates Nov 1917

Legal Education, Henry M. Bates

Articles

Bates describes the growth of law schools and the changing nature of legal education: "The outstanding fact in legal education in this country during the past twenty-five years is the shift from the law office to the law school as the avenue of approach to the bar.... This increase in the number of institutions teaching law and in the number of students preparing for the bar in this way makes on the whole for improvement, but the ointment is not without its flies..."


Partnership Entity And Tenancy In Partnership: The Struggle For A Definition, Joseph H. Drake Jun 1917

Partnership Entity And Tenancy In Partnership: The Struggle For A Definition, Joseph H. Drake

Articles

PARTNERSHIP is a legal entity formed by the association of two or more persons. This definition of a partnership as a person or entity represents what may be characterized as a generally accepted theory among American jurists at the time of its publication in 1893. But a later definition says: "A partnership is an association of two more persons." "A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership." The second definition shows that the Commissioners on Uniform State Laws have rejected the entity theory and coined a new term to describe partnership ...


Options And The Rule Against Perpetuities, John R. Rood Mar 1917

Options And The Rule Against Perpetuities, John R. Rood

Articles

"The question to be discussed in this article is whether an option to buy property is void by reason of the fact that it may be exercised at a period more remote from the time of its creation than the law of the state permits contingent interest to vest."


The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood Mar 1917

The Disposition To Be Made Of Property The Subject Of A Power If The Power Is Not Exercised, John R. Rood

Articles

The object sought in this article is to collect and classify the cases in which the courts have passed on the question as to what shall be done with property over which a power of appointment has been given; when it finally turns out for some reason that the power has not been exercised. It is not the object to establish any particular thesis, but rather to ascertain how the adjudicated cases stand.


The Patentability Of A Principle Of Nature, John B. Waite Jan 1917

The Patentability Of A Principle Of Nature, John B. Waite

Articles

The extent to which courts will go in conceding patentability to a natural law, or principle of nature, is evidenced in the case of Minerals Separation Co. v. Hyde, 37 Sup. Ct. -, decided by the Supreme Court, December 11, 1916. It has always been more or less an axiom of patent law that the discovery of a principle of nature does not entitle the discoverer to a patent for it. The case usually thought of first as authority therefor, is that of Morton v. New York Eye Infirmary, 5 Blatch. 116, 2 Fisher 320. The patentees in that case had ...


Rights In Percolating Waters, Ralph W. Aigler Jan 1917

Rights In Percolating Waters, Ralph W. Aigler

Articles

Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure ...


The Right Of Fishing, Ralph W. Aigler Jan 1917

The Right Of Fishing, Ralph W. Aigler

Articles

While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in ...


The Scope Of The Mann Act, Ralph W. Aigler Jan 1917

The Scope Of The Mann Act, Ralph W. Aigler

Articles

As was to be expected in view of the well-settled doctrine of the Supreme Court that the constitutional grant of power to regulate interstate commerce includes power of control over transportation of persons as well as property, it was held in Hoke v. United States, 227 U. S. 308, 57 L. Ed. 523, 33 Sup. Ct. 281, that the WHITE SLAVE TRAFFIC ACT of 1910 (36 Stat. 825), usually referred to as the MANN ACT, was constitutional. State legislation covering the same ground, it has been held, has been displaced. State v. Harper, 48 Mont. 456, 138 Pac. 495.


The 'Right' To Break A Contract, Willard T. Barbour Jan 1917

The 'Right' To Break A Contract, Willard T. Barbour

Articles

It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MICH. L. REV. 480 appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the most forcible exposition of this position is ...


The Patentability Of A Mental Process, John B. Waite Jan 1917

The Patentability Of A Mental Process, John B. Waite

Articles

The fact of possession has been so correlated with the theory of property that it is difficult to dissociate ownership from the possibility of physical possession. One finds that the average lawyer, even though he may defind a right in rem as a right enforcible against any person, is extremely apt, unless after especial thought, to explain that it is enforcible against anyone because it pertains to a thing capable of physical possession and control, a thing that could be actually sequestered, from all other persons. Not at all infrequently the term property has been judicially stripped even of its ...


Limitations Upon The Use, After Sale, Of Patented Articles, John B. Waite Jan 1917

Limitations Upon The Use, After Sale, Of Patented Articles, John B. Waite

Articles

In the case of Motion Picture Patents Co. v. Universal Film Co., 37 Sup. Ct. 416, the Supreme Court has just rendered a decision which reverses the much discussed case of Henry v. Dick Co., 224 U. S. 1. The opinion was by a divided court, however, as three of the justices dissented, and Justice McREYNOLDS "concurred in the result" only. It can, therefore, hardly be said to settle the ultimate rule as in contradiction to that followed in Henry v. Dick Co., and discussion of the case is of something more than mere academic value. The facts were that ...


What Service Gives Jurisdiction In Person, John R. Rood Jan 1917

What Service Gives Jurisdiction In Person, John R. Rood

Articles

On March 6th, 1917, the Supreme Court of the United States, in the case of McDonald v. Mabee, reversing the decision of the Supreme Court of Texas, in 175 S. W. 676, held that a judgment in foreclosure proceedings in which the defendant was served only by publication did not merge the cause of action so as to bar a suit on the original notes for the balance unpaid by the sale of the mortgaged property on the foreclosure, although the statute of the state declared such service sufficient to give jurisdiction in personam, and the defendant was a citizen ...


Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner Jan 1917

Liability Of Public Officer For The Loss Of Private Funds Entrusted To His Keeping, W. Gordon Stoner

Articles

There is much contrariety of decision concerning the liability of public officers for the loss of funds with which they have been entrusted. A recent case illustrates some of the more important phases of the law of such a situation. People for use of Hoyt et al. v. McGrath et al. (Ill. 1917), I17 N. E. 74. In this case the public brought an action of debt on the official bond of the clerk of court for the use of Hoyt and others. Usees had tendered into court a sum of money which the clerk took under the court's ...


Simplification Of Judicial Procedure In Federal Courts, Edson R. Sunderland Jan 1917

Simplification Of Judicial Procedure In Federal Courts, Edson R. Sunderland

Articles

In 1914 the Judiciary Committee of the House of Representatives unanimously reported favorably upon a bill (H. R. 133) authorizing the Supreme Court of the United States to prescribe by rule the forms, kind and character of the entire pleading, practice and procedure to be used in all actions and proceedings at law in the federal courts, with a view to their simplification, which rules should, when promulgated, take precedence of any law in conflict therewith. On January 2, 1917, a similar bill (S. 4551) was favorably reported from the Senate Judiciary Committee by a distinguished graduate of this Law ...


Rights In Percolating Waters, Ralph W. Aigler Jan 1917

Rights In Percolating Waters, Ralph W. Aigler

Articles

Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure ...


Recovery Of Money Paid Under Duress Of Legal Proceedings In Michigan, Edgar N. Durfee Jan 1917

Recovery Of Money Paid Under Duress Of Legal Proceedings In Michigan, Edgar N. Durfee

Articles

THE case of Welch v. Beeching, recently decided by the Supreme Court of Michigan, raises puzzling problems conconcerning the recovery of money paid under pressure of legal proceedings. It is the purpose of this paper to give that case a more adequate setting, in relation to the whole field of law to which it pertains, than was provided by the brief opinion of the court. We shall not attempt to exhaust the authorities, nor to present a rounded treatment of the whole subject touched upon.


Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler Jan 1917

Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler

Articles

Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 M. & W. 285, Baron PARKE, after referring to a number of such situations, said: "It is needless to multiply examnples; all the old cases will be ...


Execution Sales As Preferential Transfers In Bankruptcy, Evans Holbrook Jan 1917

Execution Sales As Preferential Transfers In Bankruptcy, Evans Holbrook

Articles

In the recent case of Golden Hill Distilling Co. v. Logue, 243 Fed. 342, the Circuit Court of Appeals for the Sixth Circuit holds that a "creditor who recovers a judgment, by consent or in invitum, and by execution sale collects his money within four months preceding bankruptcy, and with reasonable cause to believe [that a preference would thereby be effected] receives a voidable preference, which he must repay to the trustee." This question is one that has vexed the bankruptcy courts ever since the Supreme Court of the United States in Clarke v. Larremore, 188 U. S. 486, declined ...


State Legislation Extending To Navigable Waters, Ralph W. Aigler Jan 1917

State Legislation Extending To Navigable Waters, Ralph W. Aigler

Articles

In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOLMEs dissenting, that the WORKMEN'S COMPENSATION ACT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred on navigable waters of the United States ...


Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler Jan 1917

Reletting On Abandonment By Tenant As Surrender By Operation Of Law, Ralph W. Aigler

Articles

Among the very many difficult problems arising under the STATUTE OF FRAUDS not the least troublesome has been that of surrender of estates by "operation of law." The Statute (29 Car. II, c.3,§3,) provided that "no leases * * * shall * * * be assigned, granted, or surrendered, unless it be by deed or note in writing, * * * or by act and operation of law." Under a number of varying situations it has been held that a surrender by operation of law had been accomplished. See 2 TIFFANY, LANDLORD AND TENANT, §190. In Lyon v. Reed, 13 M. & W. 285, Baron PARKE, after referring to a number of such situations, said: "It is needless to multiply examnples; all the old cases will be ...


Public Utility Valuation, Edwin C. Goddard Jan 1917

Public Utility Valuation, Edwin C. Goddard

Articles

EVERY consideration of valuation of a public utility, whether for the purpose of condemnation for purchase or as a basis for fixing rates or permitting the issue of stock or bonds, must start from Sinyth v. Ames, and the rule therein laid down by HARLAN, J., at page 546: "We hold, however, that the basis of all calculations as to the reasonableness of rates to be charged by a corporation maintaining a highway under legislative sanction must be the fair value of the property being used by it for the convenience of the public. And in order to ascertain that ...


State Legislation Extending To Navigable Waters, Ralph W. Aigler Jan 1917

State Legislation Extending To Navigable Waters, Ralph W. Aigler

Articles

In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOLMEs dissenting, that the WORKMEN'S COMPENSATION ACT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred on navigable waters of the United States ...


What Words Create A Power?, John R. Rood Jan 1917

What Words Create A Power?, John R. Rood

Articles

As the right to sell may exist either as a result of ownership, or by virtue of a power without or independent of ownership, it is sometimes a question whether words indicating a right to sell, contained in an instrument granting an estate, are intended to give a power, or are merely descriptive of the rights incident to the estate given. When property is devised without any designation of the estate given, and the devise is followed by words indicating that the devisee is to have the right of absolute disposal in fee, or to sell in fee, it has ...


Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner Jan 1917

Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner

Articles

There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign ...


Safeguarding The Criminal Defendant, Edson R. Sunderland Jan 1917

Safeguarding The Criminal Defendant, Edson R. Sunderland

Articles

Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing more ancient than a statutory ...


Constitutionality Of Segregation Ordinances, John B. Waite Jan 1917

Constitutionality Of Segregation Ordinances, John B. Waite

Articles

The effort of various southern states to segregate white persons and colored ones into mutually exclusive residential districts has received a final quietus, unless the Supreme Court of the United States shall reverse itself, by the decision in Buchanan v. Warley, handed down November 5, 1917. The suit in this case was for specific performance of a contract to buy land. The contract expressly stipulated that the buyer, a colored man, was not to be held to his purchase unless he had "the right under the laws of the state of Kentucky and the city of Louisville to ocupy said ...


The Right Of Fishing, Ralph W. Aigler Jan 1917

The Right Of Fishing, Ralph W. Aigler

Articles

While the man engaged in fishing is ordinarily more concerned with the supply of fish and their susceptibility than with his right to be doing what he is, not infrequently the latter question is thrust upon his attention. Popular notions on this matter are not to be relied upon. "In country life a multitude of acts are habitually committed that are technically trespasses. Persons walk, catch fish, pick berries, and gather nuts in alieno solo, without strict right. Good natured owners tolerate these practices until they become annoying or injurious, and then put a stop to them," ADAMS, J., in ...


The Scope Of The Mann Act, Ralph W. Aigler Jan 1917

The Scope Of The Mann Act, Ralph W. Aigler

Articles

As was to be expected in view of the well-settled doctrine of the Supreme Court that the constitutional grant of power to regulate interstate commerce includes power of control over transportation of persons as well as property, it was held in Hoke v. United States, 227 U. S. 308, 57 L. Ed. 523, 33 Sup. Ct. 281, that the WHITE SLAVE TRAFFIC ACT of 1910 (36 Stat. 825), usually referred to as the MANN ACT, was constitutional. State legislation covering the same ground, it has been held, has been displaced. State v. Harper, 48 Mont. 456, 138 Pac. 495.


The 'Right' To Break A Contract, Willard T. Barbour Jan 1917

The 'Right' To Break A Contract, Willard T. Barbour

Articles

It is common knowledge that the fully developed common law affords no means to compel the performance of a contract according to its terms. Does it follow from this that there is no legal obligation to perform a contract, or if obligation there be, that it is alternative: to perform or pay damages? A note in the XIV MICH. L. REV. 480 appears to give an affirmative answer to this question and at least one court (Frye v. Hubbell, 74 N. H. 358, at p. 374) has taken the same view. Probably the most forcible exposition of this position is ...