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Recent Important Decisions, Michigan Law Review Dec 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Concealment of Property--Bankruptcy Schedules Inadmissible Against Bankrupt on Trial for Concealing Property; Bankruptcy--Jurisdiction--Recovering Excessive Counsel Fees; Bills and Notes--Extension of Time of Payment--Release of Lien of Trust Deed; Carriers--Error in Ticket--Ejection of Passenger; Carriers--Free Pass Within Statutory Prohibition; Constitutional Law--Judgment of Sister State--Full Faith and Credit; Corporations--Promoters--Sales to Corporation; Discovery--Personal In juries--Power of Court to Compel Physical Examination of Plaintiff; Divorce--Defense--Connivance; Elections--Primary Elections--Canvassing of Votes; Eminent Domain--Interest on Award Against the Government; Eminent Domain--"Private Property"--Owner's Remedy--Injunction; Evidence--Burden of Proof--Fraudulent Conveyances; Fire Insurance--Forfeiture of Policies--"Other Insurance"; Insurance--Subrogation--Accident Insurance; Judgment--Conclusiveness of Decision of United States Commissioner on Collateral Attack; Master and Servant--Disobedience …


Recent Important Decisions, Michigan Law Review Nov 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …


Recent Important Decisions, Michigan Law Reviw May 1908

Recent Important Decisions, Michigan Law Reviw

Michigan Law Review

Adverse Possession--Property Subject to Highways; Agency--Brokers--Commissions--When Earned; Bankruptcy--Acts of Bankruptcy--Payment with Intent to Prefer a Creditor; Bankruptcy--Jurisdiction of Court--Suits Between Trustee and Claimants of Property--Suites Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joiner of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions …


Recent Important Decisions, Michigan Law Review Apr 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Defect in Proceedings--Effect; Bankruptcy--Equitable Rights under Unrecorded Mortgage--Agreement to Insure--Equitable Lien on Insurance Money; Bankruptcy--Insolvent Firm--Individual Estate of Unadjudicated Solvent Partner Not Subject to Administration; Bills and Notes--Liability of Indorser of Non-Negotiable Note; Bills and Notes--Liability of Irregular Indorser; Carriers--Wrongful Treatment of Passengers--Damages for Mental Suffering; Constitutional Law--Imprisonment for Debt--Peonage; Constitutional Law--Interstate Commerce--Shipments Within a State; Corporations--Foreign Corporations--Effect of Withdrawal From State--Validity of Service; Courts--Jurisdiction--Action Under the Laws of Another State; Covenants--Running with the Land; Damages--Destruction of Growing Grass; Evidence--Admissibility of a Deed as an Ancient Document; Evident--Admissions in Pleading; Garnishment--Nonresident Defendant--Jurisdiction; Jury--Right to Trial by Twelve Jurors--Waiver of Jury; …


Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner Jan 1908

Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner

Michigan Law Review

The International Law Association and Its Last Meeting; The Extent to Which the Action of Medical Boards may be Controlled By Mandamus; The Effect Upon An Illegal marriage of Cohabitiation After the Removal of the Impediment;


Recent Important Decisions, Michigan Law Review Dec 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Evidence of Performance--right to Compensation--Acting for both Parties; Assignment for Benefit of Creditors--Marshaling Assets; Bonds--Bona Fide Purchasers--Mandamus--Redemption of Bonds; Carriers--may, as Lessors, Contract for Total Exemption from Liability for Negligence; Constitutional law--Jurisdiction of Federal Courts to Review Contempt Proceedings in State Court; Contracts--Accord and Satisfaction--Consideration; Criminal Law--Venue--Statutes--Validity; Damages--Conversion; Deeds--Construction--Intent of Parties; Deeds--Seal Essential; Dower--rights of Widow Pending Assignment--Possession of Lands; Eminent domain--Interurban Railways; Evidence--Presumption as to Foreign Law; Fee Simple Estate--Restraints on Alienation; Fraudulent Conveyances--Sales in Bulk--Validity as Between the Parties--Lien for Price; Husband and Wife--Separation Agreements--Validity; Insurance--Fire--Concurrent Insurance; Insurance--Mutual Benefit--Unreasonable Change of By-Laws; Judgment--Res Judicata; Master and Servant--Liability of …


Recent Important Decisions, Michigan Law Review Nov 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Who is a "Child"; Agency--Ratification--Act Must Have Been Done as Agent--Trusts--Pretended Agent as Constructive Trustee; Bankruptcy--Assets--Commissions of Agent on Policies Written Prior to Adjudication; Bankruptcy--Property Held Under conditional Sale--Right to Reclaim; Banks and Banking--Usury Laws--Notes Purchased in Good Raith--Power of Congress to Regulate National Banks; Bills and Notes--Execution in Blank--Statutory Provisions; Constitutional Law--Inheritance Tax--due Process of Law; Contracts--Abandonment--Recovery;


Recent Important Decisions, Michigan Law Review May 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Assigned Claim for Wages--Preference; Bankruptcy--time of Filing Claims; Banks and Banking--Liability of Stockholders--Unregistered Transfer; Banks and Banking--What is a Bank?; Bills and Notes--Indorsement Before Issue--Liabilities; Bills and Notes--usury--Evidence--Burden of Proof; Carriers--Freight Elevators as Carriers of Passengers; Carriers of Passengers--Servants--Communication of Disease; Constitutional Law--Delegation of Power; Constitutional Law--Police Power to Restrict Hours of Labor; Contracts--Mutuality; Courts--Criminal Law--Instructions to Jury; Covenants--Warranty--claims "By, Through or Under" Grantor--Eminent Domain; Criminal Law--Exclusion of Public From Trial; Criminal Law--Trial--conduct of Jury--comments on Defendant's Failure to Testify; Divorce--Custody of Minor Children--Duty to Support Father's Misconduct; Ejectment--When Maintainable--Easements; Estate by Entirety--Effect of Murder of Wife by Husband; Evidence--Wife …


Recent Important Decisions, Michigan Law Review May 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …


Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman May 1906

Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman

Michigan Law Review

Is a Divorce Granted Where One Only of the Parties is domiciled Entitled to Full Faith and Credit?; Laibiltiy of Water Companies for Fire Losses; Diversion of Subterranean Percolating Waters; Women as Notaries Public;


Recent Important Decisions, Michigan Law Reivew Apr 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …


Recent Important Decisions, Michigan Law Review Mar 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arbitration and Award--By-Laws of Board of Trade--Ousting Courts' Jurisdiction; Bills and Notes--Accommodation Indorsement--Conflict of Laws; Bills and Notes--Material Alteration; Common Carriers--Duty to Notify Passenger of Arrival at His Destination--Must Awaken Sleeping Passenger if His Destination is Known; Constitutional Law--Anti-Trust Laws--Equal Protection of the Laws; Constitutional Law--Insurance--State Statutes Prohibiting Combinations Among Insurance Companies--Do Not Violate Fourteenth Amendment; Constitutional Law--Prosecution by Information due Process of Law; Contracts--Agreement to Employ Only Members of a Certain Union; Contracts--Public Policy--Location of Depots; Corporations--Reduction of Stock--Equitable Relief--Powers of Officers; Corporations--Suit by Stockholders--Refusal of Directors to Sue; Corporations--Suit in Stockholders' Names--Device to Confer Jurisdiction on Federal Courts; …


Recent Important Decisions, Michigan Law Reivew Feb 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Acknowledgment--Notary Agent of Grantee--Extra Compensation for Securing Acknowledgment; Attachment of Real Property--Conflict of Jurisdiction--Federal and State Courts; Attorney and Client--Contract Between--Fraudulent Conveyance; Bankruptcy--Preferences--Securing Attorney's Fee; Banks--Liability of Private Banker; Common Carriers--Duty to Receive Helpless Persons as Passengers--Degree of Care Required When Accepted; Common Carriers--duty Toward Hackmen at Depots--May Discriminate; Constitutional Law--Impairing Obligation of Contract--Contracts with Waterworks Companies; Constitutional Law--License for Issuing Trading Stamps; Constitutional Law--Trading Stamp Laws; Corporations--amendment of Charter--Service on--Liberty to Contract; Corporations--Constitutional Law--Pools and Trusts--Foreign Insurance Companies; Criminal law--Written instructions to Jury; damages--Fright Unconnected with Physical Injury; Deed--description--Conveyance to Trustee--Necessity of Word "heirs"--Rule in Shelley's Case--Adverse Possession; Evidence--Corporations--Books …


Recent Important Decisions, Michigan Law Reviw Dec 1905

Recent Important Decisions, Michigan Law Reviw

Michigan Law Review

Bills and Notes--Assignment of a Note by an Insane Person; Bills and Notes--Necessity for Identification of Payee of Check--Payment of Forged Check; Carriers--Limitation of Amount of Liability by Special Contract--Negligence--Limitation Valid; Carriers--Owners of Passenger Elevators--Not Liable as Common Carriers; Carriers--Owners of Passenger Elevators--Liable as Common Carriers; Constitutional Law--Indeterminate Sentence--Invation of Executive or Judicial Functions; Constitutional law--Obligation of Contract--Stockholders' Liability to Creditors; Constitutional Law--Sales--Interstate Commerce; Constitutional Law--Trial by Jury in Territories; Contract--Action for Breach--Question for Jury; Contract--Effect of Assignment of a Dramshop License as part Consideration; Corporations-- Insolvency--Sale--Creditors' Bill--Preferences to Officers; Corporations--Insolvency--Stockholders' Liabilities--Action at Law; Divorce--Alimony--Foreign Decree--Enforcement; Divorce--Epileptic's Marriage in Violation …


Recent Important Decisions, Michigan Law Review May 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …


Marriage And Divorce In State And Church, Benjamin Brewster May 1905

Marriage And Divorce In State And Church, Benjamin Brewster

Michigan Law Review

When, in 1831, the French philosopher De Tocqueville visited America, he was impressed with the stability of the marriage relation. In his great work, "Democracy in America," he thus sums up the results of his observations: "There is certainly no country in the world where the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appreciated." And this acute and discerning reasoner makes a further reflection, from his stand-point as one interested in the maintenance of order and stability in the state: "Agitated by the tumultuous passions which frequently disturb …


Recent Important Decisions, Michigan Law Review Apr 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Equity Decree in Support of; Bankruptcy--Attachment--Sheriff's Fees; Bankruptcy--title of Trustee--Validity and Preservation of Liens; Bills and Notes--Discharge of Endorser of Check--Waiver; Bills and notes--Indorsement of Payee Forged by Drawer--Recovery by Drawee; Constitutional law--Equal Protection of the Laws--master and Servant--Railroad Fellow Servants' Act; Corporate Stock--Statute Requiring Registration of Transfer--Attachment; Criminal law--Evidence--confidential Communications--Letters from Accused to Wife; Dead body--Action for Mutilation; Deeds--Delivery--Estoppel; Deeds--Fraudulent Conveyance--bona Fide Purchaser from Fraudulent Grantee; Domicil--Election--Residence and Intention; Ejectiment--By Railroad Company for Right of Way; Equity--navigable Waters--Obstruction--Special Injury; Equity--Personal Trespass--Injunction; Foreign Corporations--Failure to Comply with Laws--Effect on Contracts; Judicial Officer--Liability of Inferior Judicial Officer Acting Under a Void …


Recent Important Decisions, Michigan Law Review Feb 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--alliams Writ--Collateral Attack; Attorneys--disbarment--Malfeasance in Office; Chattel Mortgages--Liability of Mortgagee for Selling More Property than Enough to Satisfy Debt; Conflict of Laws--Comity--Extraterritorial Effect of Laws; Constitutional Law--due Process of Law--Restraint of Insane Persons--Habeas Corpus; Constitutional Law--Eight-Hour Haw--Public contracts; Contempt--Libel of Court; Contract--Construction--Damages; Corporations--Fraud of Directors--Rights of Stockholders; Criminal Law--Habeas Corpus--Waver of Objections as to the Legality of Trial Court; Criminal Procedure--Bill of Exceptions--Presumption as to Evidence; Deeds--In Consideration of Support--Condition Subsequent--Charge Upon Land; Divorce--Alimony--Payment After Husband's Death; Elections--Conduct of Special Elections--Preparation of Ballots; Evidence--constitutional Law--Privilege--Witness; Evidence--Presumption--Suicide; Garnishment--Interests in Expectancy; Husband and Wife--Conveyance to Avoid Taxation--Trusts; Injunction--Parties--Contempt; Insurance, Fire--"Iron Safe" Clause--Waiver; …


Recent Important Decisions, Michigan Law Review Jan 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …


Recent Important Decisions, Michigan Law Review May 1904

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrator--Appointment of, on Disappearance of Person; Agency--collection of Notes--Possession of the Instrument--Apparent Authority; Appeal--Right to Appeal After Satisfaction of Judgment; Attorney and Client--divorce Cases--contingent Fees--Prevention of Reconciliation; Attorneys--disbarment--Attacking Honesty of Judge; Bankruptcy--city Taxes--Priority; Carriers--Death by Wrongful Act--Stipulations Avoiding Liability for Negligence Toward free Passenger--Validity and Effect; Carriers--signed Ticket not the Contract; Constitutional Law--Class Legislation--Use of Flag for Advertising Purposes; Constitutional Law--Jurisdiction of Equity to Try Title to Office--Injunction; Contract--Validity--Conditions Attached to Goods--Purchase by Retail Trader from Wholesale Trader with Notice; corporations--forfeiture of Charter--Mandamus; Corporations--Garnishment of Stockholder for Unpaid Subscription; Criminal Law--Self-Defense; Deeds--Delivery--Testamentary Disposition; Ejectment--Description--Verdict--Judgment; Ejectment--Equitable Title in Plaintiff; Evidence--Admissions--Abandoned Pleadings; …