Legal Writing and Research Commons^™

The "Law Reports", Nathan Abbott

Articles

The period between the years 1860 and 1870 marks an interesting stage in the history of law reporting. Within this period a system of reporting that had existed for upward of three centuries came to an end, and an experiment was begun whereby it was hoped to produce reports not merely in a new way, but reports that were to be materially different in form and substance from those of the previous system. The conception of the enterprise and its successful accomplishment is due to the energy and discretion of one man, whose history of the affair, after twenty years …

The Literature Of Law, Ernest W. Huffcut

Articles by Maurer Faculty

No abstract provided.

A Manual Of Equity Pleading And Practice, Bradley M. Thompson

Books

The following manual is intended simply as an introduction to the study of Equity Pleading and Practice, and to the course of lectures delivered upon that subject. The manual has been divided into lectures for the purposes of indicating the ground which a particular lecture will cover. It is expected that the student will master the printed synopsis before attending a given lecture.

Davey V. Aetna Life Ins. Co., Henry W. Rogers

Articles

Professor Rogers considers a case where a life insurance policy appears to be voided by the use of alcoholic beverages by the insured, to the degree of cause of death. Rogers notes: "In the particular case the court was asked to give the following instruction: Th expression in the policy, 'became so far intemperate as to impair his health,' does not mean habitual intemperance; but an act of intemperance producing the impairment of health is within the condition of the policy, and renders the policy null and void except as therein provided...."

In the Application for Rule to Show Cause …

The British Colonial System, Thomas M. Cooley

Book Chapters

Regarding the subject, Professor Cooley writes: "In a note to the first book of these Commentaries (p.109), the Colonial System of Great Britain is spoken of as the grandest in extent and power that the world has ever known. A more detailed account of the system, and of the countries and places embraced within it, than was given in the place referred to, will justify the statement there made, and at the same time will give us particulars of British Colonial government in all its varieties."

The Territories Of The United States, Thomas M. Cooley

Book Chapters

Writing to flesh out the comparisons between the United States and Great Britain following previous such chapters, Professor Cooley writes: "In the common acceptation of those terms the United States has no colonies and no foreign possessions." Professor Cooley then gives a relatively brief history of the admission of new states in constitutional philosophy and history. Later in the chapter he asserts, "Before any states can be admitted to the union, there must be a state ready to admit; and this implies that there shall be a state with a constitution and laws, so when admitted, it can proceed at …

Local Government In Great Britain, Thomas M. Cooley

Book Chapters

Professor Cooley's brief overview of the subject as context for his editing of the Commentaries: "As the local institutions of Great Britain have very largely been remodeled in our day, it seems desirable to give some brief account of them, as they exist at the present time..."

Local Government In The United States, Thomas M. Cooley

Book Chapters

Professor Cooley offers the readers of the Commentaries a brief statement regarding laws of the United States in local jurisdictions: "To present completely local government as it exists in the United States would require a volume.... What we shall say, therefore, will be aimed at an explanation of certain general features, which are to be met with in all the states, and of some of the most important peculiarities."

Sarony V. Burrow-Giles Lithographic Co., Henry W. Rogers

Articles

Commenting in the Federal Reporter on this Opinion, Professor Rogers considers at length this case bearing on definitions of copyright and artistic properties. "This was an action at law for the violation of the plaintiff's copyright of a photograph of Oscar Wilde, which the defendant had copied by the process known as chromo-lithography.... A jury was waived, and the case was argued upon questions of law only, which appear in the opinion."

"The contention of the defendant, briefly stated, is this: That there was no constitutional warrant for this act; that a photographer is not an author, and a photograph …

Detroit Savings Bank V. Zeigler, Henry W. Rogers

Articles

"Such interchanges of assistance between officers of a bank, as temporary need may require, is fairly within the contemplation of the appointment of such an officer, and the sureties on his bond are liable for a default made while he was temporarily filling the place of another officer.

"The receiving teller of the savings department of a bank, while filling the place of the general teller, during the latter's temporary absences, embezzled moneys of the bank: Held, that the sureties on a bond, given by him for so taken."

Coyle V. The Commonwealth, Henry W. Rogers

Articles

"Homicidal mania must be proved, not assumed, nor confounded with reckless frenzy; To instruct, however, that it must be proved by 'clearly preponderating evidence' is error. All the authorities require is that the evidence proving it should 'fairly' preponderate.

"An attempt at suicide is not of itself evidence of insanity, and raises no legal presumption thereof....

"It was clearly proved that Coyle killed Emily Myers. That fact is admitted. The only defence set up is that he was insane at the time."

The State Of The Law: A Test Of National Progress, Thomas M. Cooley

Other Publications

“The work to which the student in law first addresses himself is the fixing in his mind of certain principles which are agreed upon, or are supposed to be, and which collectively constitute the body of the law…. The brief remarks that I shall make will be addressed to two points: 1. That the law of the land must in the main be the handiwork of those who administer and practice it, and 2, That the final and most satisfactory evidence of assured national advancement must be found in the state of the law….”

Commentaries On The Constitution Of The United States : With A Preliminary Review Of The Constitutional History Of The Colonies And States Before The Adoption Of The Constitution, Joseph Story, Thomas M. Cooley

Books

From the Editor's Preface: “In preparing for the press a fourth edition of Mr. Justice Story’s Commentaries on the Constitution, it has been thought proper to preserve the original text without alteration or interpolation, and to put in notes all discussions by the editor, as well as all references to subsequent adjudications, public papers, and events, tending to illustrate, support, or qualify the positions assumed in the text. The new amendments, however, seemed to demand treatment in the body of the work, and additional chapters are given for that purpose….”

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

“The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest….

“In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to be put upon paper, and …

Commentaries On The Laws Of England : In Four Books, William Blackstone, Thomas M. Cooley

Books

From Editor's Preface, Volume I:

“The Commentaries of Mr. Justice Blackstone have now for more than a century been the wonder and delight of persons whose curiosity or interest have led them to investigate the constitution and laws of Great Britain, the condition of things from which they grew, and the reasons upon which they rest….

“In preparation of the present edition it has not been thought unimportant to call attention from time to time to the differences which exist between the constitutions of Great Britain and of the United States. Some of those differences, however, are too subtle to …

A Digest Of The Reported Cases Contained In The Michigan Reports, Thomas M. Cooley

Books

"In preparing the following Digest, brevity and convenience of use have been kept in view, rather than perfection of arrangement as a mere work of art; and the object of the compiler will be fully attained if he has succeeded in placing before the Profession of the State a convenient Index to the books of Reports....

"Seventeen volumes of Reports are embraced in this Digest; all of them official and authoritative, being prepared by Reporters appointed by the Courts under authority of law."

Brief Of T.M. Cooley, Cook And Waldron V. Hillsdale, 1859, Thomas M. Cooley

Other Publications

Mr. Cooley writes this Brief as counsel for the Complainants. Cook & Waldron own a grist mill and the Village of Hillsdale feels that the owners "voluntarily" gave leave for a public way to be conducted through the property. Cook & Waldron disagree.