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Replevin-Defense Of Paramount Right To Possession In A Third Person
Replevin-Defense Of Paramount Right To Possession In A Third Person
Michigan Law Review
Courts are often heard to say, as does the Wisconsin court in a recent case, that an action of replevin may be defeated by proof of title paramount in a third person, even though the plaintiff has shown a right to possession as against the defendant sufficient to support an action of trespass. This seems so anomalous, so opposed to our notion of other possessory actions, for example, trespass, and even trover, where the plaintiff need show only a better right to possession to recover, that we are led to wonder how such a doctrine ever obtained a foothold in …
Fire Insurance-Is "Double" Payment Necessarily Overpayment?
Fire Insurance-Is "Double" Payment Necessarily Overpayment?
Michigan Law Review
A recent Wisconsin case, Ramsdell v. Insurance Co., presents a novel and interesting situation. The lessor and lessee of business property each insured the property in separate companies, the lessor for $3,000 and the lessee for $7,500. The lease contained no provisions as to insurance, repairing, or rebuilding and there was no contract between any of the parties which could affect the situation that arose. A loss of $4,246 occurred in June. After lengthy negotiations had proved fruitless, the lessee rebuilt the premises and sued his insurer. At the same time the lessor sued on his policy. The lessee …
Administrative Law-Delegation Of Legislative Power To Administrative Tribunals
Administrative Law-Delegation Of Legislative Power To Administrative Tribunals
Michigan Law Review
Thirty years ago it was generally said and believed that no part of the legislative power could be delegated to any other department of government or to any administrative officer or officers. That was a fundamental principle of constitutional law thought essential to the integrity and maintenance of the system of government established by the constitution. But as social and industrial problems became more complex, calling for an ever greater amount of governmental regulation, legislative bodies found themselves unable to attend to the ever increasing volume of technical detail. Furthermore, the nature of the problems was often such as to …
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Michigan Law Review
The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …