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Articles 1 - 7 of 7

Full-Text Articles in Law

The Attaint, John M. Zane Dec 1916

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 ...


Martial Law And The English Constitution, Harold M. Bowman Dec 1916

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 Nov 1916

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 ...


Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross Nov 1916

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?


The Surrogates' Court And The New Law, Robert Ludlow Fowler Jan 1916

The Surrogates' Court And The New Law, Robert Ludlow Fowler

Fordham Law Review

No abstract provided.


The Sheriff's Return, Edson R. Sunderland Jan 1916

The Sheriff's Return, Edson R. Sunderland

Articles

When William the Conqueror found himself military master of Britain, he was confronted by a governmental problem quite different from that which has usually accompanied foreign conquest. He did not subdue a nation already organized, substituting his power for that of its former ruler in the conventional way of conquerors. Britain was a geographical unit but politically and socially it was a congeries of loosely related communities. The natural law of survival of the fittest normally operates upon peoples as upon individuals, and develops centralized power as a means of self-preservation. But Britain had a substitute for this. The sheltering ...


Rule Against Perpetuities As Applied To Options, John R. Rood Jan 1916

Rule Against Perpetuities As Applied To Options, John R. Rood

Articles

Does the rule against perpetuities render unlimited options void? This is a question which the English courts answered affirmatively some thirty-five years ago; new aspects of the question have been frequently presented to those courts since that time, and conclusions not easy to reconcile have been reached. It is believed that the present status of the law in England is that an option is like any other interest in land, void if it may arise at too remote a time, otherwise not. This conclusion is based on the decision in Borland's Trustees v. Steel Bros. & Co. [1901] 1 Ch. D. 279, sustaining an option of a corporation to buy or call in its stock at any time; and Southeastern Ry. Co ...