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Articles 16111 - 16140 of 16285

Full-Text Articles in Courts

Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland Jan 1919

Stare Decisis - Liability Of Municipal Corporations For Tort, Edson R. Sunderland

Articles

Courts are charged with the duty of declaring the law. They are also required to decide cases. Either one of those functions might be performed with comparative ease if it were divorced from the other, but when the court is simultaneously obliged to do both, the difficulties are very apparent. To decide a case and at the same time to declare the law means that the court is required to generalize every legal proposition upon which it acts in making its decision. But judges are not omniscient. Who can so fully understand the logical implications and the latent possibilities of …

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Recent Important Decisions, Michigan Law Review Jan 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments - Carriers - Conversion - Trover by Bailee (A Common Carrier) Against a Third Person - On the facts as stated by the court of last resort it is often difficult to discover why any action should ever have been thought of, and impossible to see how the judgment of the trial court should have been in favor of the preposterous claim of the plaintiff. Such seems to be the case of Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co. (Ala. I918), 79 So. 387. Plaintiff carrier by mistake delivered cotton seed to defendant company. …

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Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee Jan 1919

Note And Comment, John B. Waite, Victor H. Lane, Edgar N. Durfee

Michigan Law Review

Sales - Liability for the Presence of Mice and Other Uncommon Things in Food - A group of recent decisions presents a somewhat farcical conformity with Montesquiet'. thesis that "law" may vary with time and geography. It strikingly illustrates, also, the importance of the particular theory of liability upon which a suit is predicated. The unusual similarity in detail of the operative facts of these cases lends peculiar emphasis to the difference in the judgments rendered.

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Law And Equity In The Federal Courts, Earl C. Arnold Jan 1919

Law And Equity In The Federal Courts, Earl C. Arnold

Kentucky Law Journal

No abstract provided.

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Verdicts, General And Special, Edson R. Sunderland Jan 1919

Verdicts, General And Special, Edson R. Sunderland

Articles

The most remarkable thing about this case of Georgia v. Brailsford is that a matter of such elementary importance in the daily administration of the law, after being announced in so dramatic a way by the Supreme Court of the United States at the very threshold of its career, could have dropped into oblivion for a hundred years only to be repudiated in a way hardly less dramatic by a sharply divided court. The controversy here disclosed goes to the very heart of the jury system as it has been developed by the common law and is still almost universally …

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Juvenile Courts And Privileged Communications, Evans Holbrook Jan 1919

Juvenile Courts And Privileged Communications, Evans Holbrook

Articles

In the case of Lindsey v. People, (Colo., 1919) 181 Pac. 531, the Supreme Court of Colorado has held that Judge Lindsey of the Juvenile Court of Denver could not refuse to testify as to a communication made to him by a child who was at the time of the communication suspected of crime and against whom proceedings were later taken in the Juvenile Court. The decision was by a vote of four to three, and a vigorous dissenting opinion was written by Justice Bailey and concurred in by Justices Scott and Allen.

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Determinable Fee - Possibility Of Reverter, Edwin C. Goddard Jan 1919

Determinable Fee - Possibility Of Reverter, Edwin C. Goddard

Articles

Professor Gray, in the first edition of his great work, "The Rule Against Perpetuities," Section 31 and following, contended that the Statute Quia Emptores by putting an end to tenure between feoffor and feoffee of an estate in fee simple, incidentally put an end to possibility of reverter to the feoffer on failure of the condition in a determihable fee. Specifically he says that upon dissolution of an eleemosynary corporation a terminable gift to such corporation does not revert to the donor, as is said by Lord Coke, Co. LITT. 13b, but escheats. For reversion depends on tenure, and the …

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Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite Jan 1919

Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite

Articles

An unusually obvious piece of judicial legislation, of practical importance to the manufacturing world, was promulgated in the case of Macbeth-Evans Glass Co. v. General Electric Co., 246 Fed. 695. The facts were that in 1903 Macbeth had invented a process for making glass. Since that time the plaintiff company, of which Macbeth was president, had been using that process. This use had, however, been "secret". In 1910 an employee of the plaintiff revealed the process to the Jefferson Glass Co., which at once began to use it, but on application of the Macbeth Co. the state court enjoined the …

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New Trials For Technical Errors, Edson R. Sunderland Jan 1919

New Trials For Technical Errors, Edson R. Sunderland

Articles

A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55. No one but an American lawyer could treat the above statement seriously. Only an American court could announce so extraordinary a decision. In no other English speaking country would the people tolerate …

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Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane Dec 1918

Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane

Michigan Law Review

The Writ of Prohibition - Procedural Delay - A disheartening recrudescence of procedural red-tape is found in a recent decision of the Supreme Court of Ohio. A contest arose over the jurisdiction of the Public Service Commission to fix telephone rates in Cleveland. The Commission was engaged in a determination as to the reasonableness of a schedule of rates filed by the telephone company, when a petition was filed in the Common Pleas Court for an injunction against the charging of rates other than those fixed by a city ordinance.

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Recent Important Decisions, Michigan Law Review Dec 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Building Restrictions - Single Private Dwelling on One Lot - What Is One Lot? Land was platted into sixty foot lots and conveyed from time to time to various purchasers subject to restriction, inter alia, that "There shall be nothing but a single private dwelling with the necessary outbuildings erected on each lot" Defendant became the owner of the westerly ten feet of lot 5o and the easterly forty feet of lot 51; the remaining twenty feet of lot 51 and the whole of lot 52 adjoining lot 51 on the other side became the property of plaintiff. Defendant being …

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Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard Apr 1918

Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard

Michigan Law Review

When the Descendants of a Predeceased Legatee Will Not Take Under a Statute of Substitution - There are in most states statutes declaring that if a person named as legatee dies before the testator, his descendants shall take his share. Downing v. Nicholson, 115 Ia. 493; Strong v. Smith, 84 Mich. 567; x8 A. & E. ENCYC. Ol LAw, 2d Ed. 755. A common type is such as is found in the Civil Code of California, sec. 1310, viz.: "When any estate is devised or bequeathed to any child or other relation of the testator and the devisee or legatee …

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Recent Important Decisions, Michigan Law Review Apr 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy - Dichargeability of Tort Judgment - Plaintiff recovered judgment against X for damages caused by X's negligent operation of his automobile. Afterwards X obtained a discharge in bankruptcy. Held, that the judgment was thereby discharged. Jefferson Transfer Co. v. Hull, (Wis. 1918), I66 N. W. i.

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Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood Mar 1918

Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood

Michigan Law Review

The National Army Act and the Administration of the "Draft" - In Aryer v. U. S., and five similar cases attacking the validity of the socalled National Army Act of May 18, 1917, Public Statutes, No. 12, 65th Congress, c. -, - Stat. -. ) the Supreme Court unanimously sustained the validity of the Act so far as attacked. The contention that compulsory military service as provided in the Act is contrary to our fundamental conception of the nature of citizenship, and that such compulsion is repugnant to a free government and in conflict with the guaranties of the Constitution …

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Recent Important Decisions, Michigan Law Review Mar 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes - Dishonor by Nonpayment - Marginal Memoranda for Partial Payments - Suit by the holder on the following note: "$100.00. Hampden, N. D., Sept. 2, 1909. "On or before Sept. 2, 191o, after date, I promise to pay to the order of the Sageng Threshing Machine Company, of Minneapolis, Minn., one hundred dollars. "Value received, with interest at 6 per cent. "[Signed] ALBERT BENSON. "$25 will be paid Nov. ist, 1909. "$25 will be paid Jan. Ist, I910."

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Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee Feb 1918

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee

Michigan Law Review

Inducing Breach of Agreement by Employees Not to Join a Labor Union, in Order to Compel Unionization of Plaintiff's Business - In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 6s, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to …

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Recent Important Decisions, Michigan Law Review Feb 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Taxation - Public Purpose - Rev. St. Me. 1903, c. 4, sec. 87, authorized any municipality to establish a permanent wood, coal, and fuel yard for the purpose of selling wood, coal, and fuel to its inhabitants at cost. Held, not to violate the Fourteenth Amendment. Jones v. City of Portland (U. S., 1917), 38 Sup. Ct Rep. 112.

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Cost Of Public Justice, John R. Rood Jan 1918

Cost Of Public Justice, John R. Rood

Articles

The common citizen who becomes victim of a wrong and seeks redress in the courts of America soon finds by bitter experience that it is better to bear those ills we have than go to law. The expense is more than the thing is worth. The result depends on who has the longest purse, the most endurance, and the shrewdest lawyer, and little on the merits of the case. When he gets to court he finds his remaining money is being spent, not in the trial of his case, but in deciding whether an absque hoc is a sine que …

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Re-Writing The Statute Of Frauds: Part Performance In Equity, Willard T. Barbour Jan 1918

Re-Writing The Statute Of Frauds: Part Performance In Equity, Willard T. Barbour

Articles

One of the most striking examples of judicial legislation is that process whereby courts of equity, from the end of the seventeenth century onwards, have in no small measure re-written the Statute of Frauds. Exception was added to exception until the doctrine kmown as "part performance" became firmly established. The doctrine was not evolved consistently and the basis of some applications of it is obscure. One who follows Sir Edward Frys admirable but futile attempt (Fry, SPECIFIC PERFORMANCE (ed. 5) §§ 580, ff.) to systematize the variant decisions of the English courts must feel doubtful whether any single theory will …

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Full Faith And Credit And Jurisdiction, Willard T. Barbour Jan 1918

Full Faith And Credit And Jurisdiction, Willard T. Barbour

Articles

The judgment of a sister state, when assailed by collateral attack, is often said to occupy a position intermediate between foreign and domestic judgments. Though the older American cases were inclined to examine into the merits of any foreign judgment, the present tendency is toward the adoption of the English view according to which a foreign judgment may be attacked collaterally only for want of jurisdiction or fraud. Dicey, Conflict of Laws (ed. 2) Ch. XVII; see note to Tremblay v. Aetna Life Insurance Co., 97 Me. 547, in 94 Am. St. Rep. 521, 538. But whereas any statement of …

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Performance Of An Existing Obligation As Consideration For A Promise, John B. Waite Jan 1918

Performance Of An Existing Obligation As Consideration For A Promise, John B. Waite

Articles

The dictum that if there be nothing in a rule flatly contradictory to reason the law will presume it to be well founded, and that the office of the judge is "jus dicere and not jus dare", is responsible for much agony of construction and tortious logic on the part of courts torn by desire to evade it in the interest of modern ideas of right. There is a trilogy of accepted legal principles which it has been particularly difficult for the courts to adhere to in spirit or to repudiate in letter. They are the propositions, that for a …

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Acquiring Jurisdiction Without Personal Service, Seizure Of Aid Of Statute, John R. Rood Jan 1918

Acquiring Jurisdiction Without Personal Service, Seizure Of Aid Of Statute, John R. Rood

Articles

It is often assumed that courts can acquire jurisdiction only by personal service to give jurisdiction in personam, or by a seizure to give jurisdiction in rem; but it is not so. The assumption is induced no doubt by the fact that in the ordinary common law actions jurisdiction is acquired in that way. Mr. Justice Field very distinctly pointed out in the case of Pennoyer v. Neff (1877), 95 U. S. 714, that it was not the fact that the land was not seized that rendered the judgment void. It was the fact that the land was not the …

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Note And Comment, Henry M. Bates, Ralph W. Aigler, James William Thomas, John B. Waite, Charles Lott Kaufmann Jan 1918

Note And Comment, Henry M. Bates, Ralph W. Aigler, James William Thomas, John B. Waite, Charles Lott Kaufmann

Michigan Law Review

Power of the US Supreme Court to Enforce Judgments Against States - In the year 1460, when the perogatives of sovereignty or at least of the Crown were asserted in England much more vigorously than they are today, "the Counseill of the right high and mighty Prynce Richard Duc of York, brought into the Parliament Chambre a writyng conteignyng the clayme and title of the right, that the seid Duc pretended unto the Corones of Englond and of Fraunce, and Lordship of Trelond, and the same writyng delyvered to the Right Reverent Fader in God George Bishop of Excestre, Chaunceller …

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Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client - Contracts Restricting Settlement by Client - A contingent fee agreement made by an attorney with his client provided that the attorney should have a lien for his services on the amount received by reason of the claim, and also that neither party should compromise the claim without the consent of the other. The plaintiff brought suit for the amount of his services against the defendants in the prior suit, who admitted receiving notice of the above agreement. Held, an agreement prohibiting a client from settling a case without the attorney's consent is void as against public …

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Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accretion - Title to New Land - Certain lots in Section 31 bounded on one side by a river and on the opposite side by a section line were slowly eaten away and submerged by the action of the water. By this process the river was carried beyond the section line into Section 3o onto the land of P. After a time the river again shifted and gradually restored P's land and built new land in Section 31 where the above mentioned lots had been. As against D who had acquired tax deeds to the new land in Section 31. …

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Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Evans Holbrook, Abraham Jacob Levin Jan 1918

Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Evans Holbrook, Abraham Jacob Levin

Michigan Law Review

Notes on recent cases and letters to the Law Review.

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Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood Jan 1918

Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood

Michigan Law Review

Injuries Arising "Out of" an Employment - An employee's duties take him into the streets where he is injured by being run into by an automobile or other vehicle; has he ground for recovery of compensation under the usual WOltM4a,'eS COMPENSATION AcT providing for an award for injuries "arising out of and in the course of his employment"? Since he was in the street in pursuance of his duties and not in going to or from work, it is clear that the injury was one arising in the "course of" the employment. But did it arise "out of' the employment?

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Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals - Injuries by Animals at Large - In an action for damages for injuries sustained by the kick of a horse, the petition alleged that for many days the defendant carelessly and negligently permitted a horse owned by him to run loose on the streets unattended, and that the plaintiff while playing about was kicked by the horse. On demurrer, held, no cause of action stated because no allegation that the owner knew the horse was vicious. Brady v. Str.aub, (Ky. Ct. of App. 1917), 197 S. W. 938.

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Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailment - Artisan's Lien - Selling Automobile Tires - Appellee sought to enforce a lien on three touring cars for the price of eight casings sold and fitted on them by him. No charge was made for taking off the old casings and putting on the new ones. The lien was based on the statute giving a lien to wheelwrights who performed work and labor on carriages, wagons, farm irhplements, and other articles for such work and labor, and for all materials furnished by them and used in such product or repairs. AcTs or ARKANSAS, i903, p. 26o. Held, (one …

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Power Of The U.S. Supreme Court To Enforce Judgments Against States, Henry M. Bates Jan 1918

Power Of The U.S. Supreme Court To Enforce Judgments Against States, Henry M. Bates

Articles

Four and one-half centuries later the "sovereign state" of Virginia sued the "sovereign state" of West Virginia to recover a sum of money alleged to be due upon the agreement of West Virginia to assume its proportionate share of the debt of the old state of Virginia. The suit was brought in the Supreme Court of the United States, which after prolonged consideration rendered judgment for the plaintiff. No execution or other compulsory process was issued, however. But now after delays for various reasons and pretexts urged by West Virginia the court is compelled to face the problem of what …

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