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Full-Text Articles in Law

Note And Comment, William C. O'Keefe, Edson R. Sunderland, Grover C. Grismore Feb 1922

Note And Comment, William C. O'Keefe, Edson R. Sunderland, Grover C. Grismore

Michigan Law Review

Taxation - Internal Revenue Act - Under the federal Revenue Act of i921 the taxable profit or deductible loss on sales of stock, bonds and other property is the actual profit or loss, if the purchase was after February I, 1913. Act, § 2o2 (a). The tax payer (other than a corporation) may, however, at his option, pay a flat tax of 1232% on his profit, provided he has held the property more than two years, and provided further that he first deducts losses on other property, and provided further, that his total tax is at least 1232% of his …


Recent Important Decisions, Michigan Law Review Feb 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - What Acts of Strangers Constitute an Interruption - Claimant by adverse possession showed that he had fenced in the land in controversy, and had used it for pasturing cattle during a period sufficient to satisfy the Statute of Limitations. Defendant offered evidence to show that strangers had trapped upon this land during the greater part of this period, and that one party in particular had repeatedly set traps there over protests of the adverse claimant, and that no action had been successfully prosecuted against hi,-although adverse claimant had threatened to prosecute. It did not appear whether the …


Operation And Effect Of Recording, Ralph W. Aigler Jan 1922

Operation And Effect Of Recording, Ralph W. Aigler

Articles

While the operation of the recording acts is not uncommonly said to result in a preference of the earlier recorded instrument on the ground that under the circumstances the later grantee takes "with notice," the true view in the normal case would seem to be that the earlier grantee is preferred because priority in time gives priority in right-and by recording, he has done all that is required to preserve that favored position. Recording does not ordinarily give preference, it merely safeguards priority. Reference is here made to the normal case because it is, of course, true that there are …


Note And Comment, D. Hale Brake, Joseph H. Drake, George Seletto, Ralph W. Aigler Jan 1922

Note And Comment, D. Hale Brake, Joseph H. Drake, George Seletto, Ralph W. Aigler

Michigan Law Review

Attorney's Interest in His Case undera Contract for Contingent Fees - Absolute protection for an attorney who has given services in a cause wherein he runs the risk of receiving no compensation for his efforts would require that he be considered as having an equitable assignment of the specified percentage of the judgment from the filing of the first paper, and that he have the right to carry the case through to final judgment, on his own behalf, any desire of his client to discontinue, dismiss or compromise to the contrary notwithstanding. On the other hand, the courts frequently say …


Privity Of Contract And Tort Liability, Herbert F. Goodrich Jan 1922

Privity Of Contract And Tort Liability, Herbert F. Goodrich

Articles

Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?


Reinstatement Of Disbarred Attorney, Edson R. Sunderland Jan 1922

Reinstatement Of Disbarred Attorney, Edson R. Sunderland

Articles

The petitioner asked to be reinstated. The court, excepting Justice Fellows, who concurred in the result but expressed no opinion, said they would be glad to reinstate him but for the fact that he was a non-resident, which in their opinion made him ineligible, but they gave their endorsement of his good character by vacating the order of disbarment. The questions which occur are these: 1. Did the court have the power to vacate its order of disbarment after the time for opening, amending or vacating judgments had passed? 2. Did the vacation of the order of disbarment operate ipso …


Recent Important Decisions, Michigan Law Review Jan 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Marketable Title - Land had been in the possession of P and his predecessors for twenty-eight years in such a manner that the court found that, beyond a reasonable doubt, title had been established by adverse possession. Held, that P could give D, a purchaser, a good and marketable title. Winer v. Hooper (Md., i92I), 115 Atl. 31.