Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Michigan

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 241 - 270 of 275

Full-Text Articles in State and Local Government Law

Declaratory Judgments, Ralph W. Aigler Jan 1921

Declaratory Judgments, Ralph W. Aigler

Articles

The Declaratory Judgments Act of Michigan (Act No. 150, P. A. 1919) provided as follows: (Sec. 1) "No action or proceeding in any court of record shall be open to objection on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any consequential relief is or could be claimed, or not, including the determination, at the instance of anyone claiming to be interested under a deed, will or other written instrument, of any question of construction arising under the instrument and a declaration of the rights …

Go to article

Declaratory Judgments, Edson R. Sunderland Jan 1921

Declaratory Judgments, Edson R. Sunderland

Articles

The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges …

Go to article

Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland Jan 1921

Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland

Articles

It has often been held that a party may obtain a judicial determination of his rights in respect to legislation alleged to be invalid, by means of an application to a court of equity for an injunction restraining the enforcement of the statute. Ex parte Young (1907) 209 U. S. 123, is the leading case of this type. There, a railroad rate statute was involved, which required compliance by all railroad companies in the state, under the threat of heavy penalties. The railroad actually violated the provisions of the statute after an injunction had been obtained by a stockholder restraining …

Go to article

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland Jan 1920

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland

Articles

It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …

Go to article

Married Women - The Husband's Right To His Wife's Services And To Her Earnings, Evans Holbrook Jan 1920

Married Women - The Husband's Right To His Wife's Services And To Her Earnings, Evans Holbrook

Articles

A Michigan statute passed in 1911 (LAWS OF 1911, ch. 196; COMP. LAWS 1915, § 11478) provided that a married woman should be "entitled to * * * earnings acquired * ** * as the result of her personal efforts." A married woman, before 1911, had worked as housekeeper for X and had continued to work for him after 1911; on his death she filed a claim against his estate for her services during the whole period. Held, she could not recover for the period before 1911, as her services and earnings prior to that date belonged to her husband.

Go to article

Judicial System Of Michigan Under Governor And Judges, W L. Jenks Nov 1919

Judicial System Of Michigan Under Governor And Judges, W L. Jenks

Michigan Law Review

When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …

Go to article

Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum Jun 1919

Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum

Michigan Law Review

Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act

Go to article

Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard Apr 1919

Real Significance Of The Proposed Michigan Beer And Wine Amendment, Edwin C. Goddard

Articles

DISCUSSION of proposed prohibitory amendments to Constitutions, State or Federal, are usually regarded as part of the wet and dry fight in which lawyers are interested only as citizens. Before the recent Cleveland Meeting of the American Bar Association the bar of the country was circularized by a protest, signed by a number of very well known lawyers, urging the bar to take action against putting into the fundamental law, the Constitution, such matters as the regulation of what the people shall drink. These lawyers presented their case at the Cleveland meeting and vigorously attempted to induce the American Bar …

Go to article

Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake Apr 1919

Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake

Michigan Law Review

Repeals by Implication - Prohibition in Michigan - At the November election of. 1916 the people of the state of Michigan ratified the following amendment to the constitution of that state: "The manufacture, sale, giving away, bartering or furnishing of any vinous, malt, brewed, fermented, spiritous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific or sacramental purposes shall be after April thirty, nineteen hundred eighteen, prohibited in the State forever. The Legislature shall by law provide regulations for the sale of such liquors for medicinal, mechanica, cheinical, scientific and sacramental purposes."

Go to article

Presumptions--Burden Of Proof, Victor H. Lane Jan 1919

Presumptions--Burden Of Proof, Victor H. Lane

Articles

The case of Gillett v. Michigan United Traction Co. (Michigan, April 3rd, 1919), 171 N. W. 536, arose out of the following facts: Plaintiff, driving a Ford car with the curtains down, turned from the curb at the side of the street where he had stopped, to cross the interurban car tracks which ran through the center of the street in the city of Marshall, and as he drove his machine upon the track was struck by an interurban car and seriously injured. The evidence established beyond question, negligence of the defendant, by showing that the car was, at the …

Go to article

Logic V Common Sense In Pleading, Nathan Isaacs Jan 1918

Logic V Common Sense In Pleading, Nathan Isaacs

Michigan Law Review

Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that

Go to article

Acquiring Jurisdiction In Garnishment Proceedings, John R. Rood Jan 1918

Acquiring Jurisdiction In Garnishment Proceedings, John R. Rood

Articles

Garnishment is a proceeding provided by statutes found in every state, for the purpose of laying hold of something belonging to a defendant or judgment debtor but actually in the hands of someone else, and appropriating it to pay the debt due from the defendant or judgment debtor. If the proceeding is instituted ancillary to a pending suit, and before judgment, it is a species of attachment. If it is issued ancillary to a judgment already recovered it is a species of execution. If the third person summoned as garnishee is merely bailee of property belonging to the judgment debtor …

Go to article

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 …

Go to article

Michigan's Adoption Of Uniform State Legislation, George W. Bates Mar 1917

Michigan's Adoption Of Uniform State Legislation, George W. Bates

Michigan Law Review

The commissioners on Uniform State Laws have just filed their fourth Biennial Report to the Legislature of Michigan. This Conference is a body composed of representatives of each State, Territory and Federal possession, who meet in annual conference under a permanent organization commonly designated the Commissioners on Uniform State Laws. The twenty-sixth annual meeting was held in Chicago last August. The commissioners consist very largely of lawyers and judges of standing and experience and of law teachers from some of the principal law schools. There are usually three representatives from each State or Territory, appointed for terms of three to …

Go to article

Recovery Of Money Paid Under Duress Of Legal Proceedings In Michigan, Edgar N. Durfee Jan 1917

Recovery Of Money Paid Under Duress Of Legal Proceedings In Michigan, Edgar N. Durfee

Articles

THE case of Welch v. Beeching, recently decided by the Supreme Court of Michigan, raises puzzling problems conconcerning the recovery of money paid under pressure of legal proceedings. It is the purpose of this paper to give that case a more adequate setting, in relation to the whole field of law to which it pertains, than was provided by the brief opinion of the court. We shall not attempt to exhaust the authorities, nor to present a rounded treatment of the whole subject touched upon.

Go to article

Direct Primary Legislation In Michigan, Arthur C. Millspaugh Nov 1916

Direct Primary Legislation In Michigan, Arthur C. Millspaugh

Michigan Law Review

The first local direct nomination law in Michigan was passed ir 1901; the first general law in 1905. The public opinion, however, which looked to the abolition of the convention system of nomination, rather than to its legal regulation, had its inception as early as 1894. The unusually objectionable primaries of that year led to a pronounced but unorganized agitation for reform, in the course of which a few of the most radical proposed to abolish absolutely all conventions.1 The legislature of 1895 contented itself, however, with attempting the regulation of primaries and conventions, leaving most of the nominating machinery …

Go to article

Mortgagee In Possession In New York And Michigan, Edgar N. Durfee Jan 1916

Mortgagee In Possession In New York And Michigan, Edgar N. Durfee

Articles

It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 1802 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, 11 Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute of 1828 denying ejectment to the mortgagee, the details of mortgage …

Go to article

The Michigan Judicature Act Of 1915, Edson R. Sunderland Jan 1916

The Michigan Judicature Act Of 1915, Edson R. Sunderland

Articles

IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.

Go to article

Special Assessments Upon Cemeteries, Ralph W. Aigler Jan 1916

Special Assessments Upon Cemeteries, Ralph W. Aigler

Articles

Though the power to tax cemeteries would seem to be entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See COOLY, TAXATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, 139 IIl. 16, 28 N. E. 1076; Mullins v. Cemetery Assoc., 239 Mo. 681, 144 S. W. 109; Buffalo City Cemetery v. Buffalo, 46 N. Y. 503; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 51 Am. Rep. 809. It …

Go to article

A Modern Action At Law, Horace L. Wilgus Jan 1915

A Modern Action At Law, Horace L. Wilgus

Books

The following is a true "short story" of what occurred in the county a few years ago, taken, for the most part, from the records of the County Clerk, in the Court House, in Ann Arbor, Michigan.

Go to article

The Proposed Michigan Judicature Act, Edson R. Sunderland Jan 1915

The Proposed Michigan Judicature Act, Edson R. Sunderland

Articles

The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is much less voluminous than the …

Go to article

The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner Jan 1915

The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner

Articles

It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 1915, § 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at the very outset.

Go to article

Jurisdictional Facts, John R. Rood Jan 1915

Jurisdictional Facts, John R. Rood

Articles

The advance sheets of the Northwestern Reporter for January 29th, 1915, contain two cases in which a supreme court declared proceedings that had been carried through to judgment void, (not merely voidable) because of the lack of a fact which the supreme court regarded as jurisdictional, (Sandusky Grain Co. v. Sanilac Circuit Judge (Mich. 1915), 150 N. W. 329 and Bombolis v. Minn. & St. L. R. Co. (Minn. 1914), 150 N. W. 385), and another case in which the court was equally divided as to whether the essential facts appeared (Fisher et al v. Gardnier et al. (Mich. 1915), …

Go to article

Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle Jan 1911

Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle

Articles

It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions …

Go to article

Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton Jan 1911

Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton

Articles

We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …

Go to article

Taxation Of Easements, Bradley M. Thompson Jan 1910

Taxation Of Easements, Bradley M. Thompson

Articles

In the case of Lever v. Grant,1 the supreme court passed incidentally upon the effect of a tax deed on an easement appurtenant to the estate on which the delinquent taxes had been levied. From the facts in that case it appears that in 1884 the owner of a parcel of land in the city of Detroit, bounded on the west by Woodward avenue, platted the same. The plat shows a street on the north side extending from Woodward avenue east thirty feet wide, one-half the width of an ordinary street. This street was named Custer Avenue. The next year, …

Go to article

The Extent Of The Land To Which A Mechanics' Lien Attaches, Edson R. Sunderland Jan 1908

The Extent Of The Land To Which A Mechanics' Lien Attaches, Edson R. Sunderland

Articles

The statutes of the various states which define the scope and extent of mechanics' liens differ somewhat in respect to the quantity of land subject to such lien. Some arbitrarily limit it to a specified number of city lots or acres, but many statutes provide that the lien shall attach to the lot or land upon which the building or other improvement is situated, or to so much contiguous land as is necessary for the convenient use of the building. In most cases no difficulty arises in applying these provisions, but the terms are evidently loose and general, and it …

Go to article

Are Too Many Executive Officers Elective?, Bradley M. Thompson Jan 1908

Are Too Many Executive Officers Elective?, Bradley M. Thompson

Articles

We propose very briefly to call attention, to so much of the present constitution of Michigan as has to do with the executive department, and to consider the methods which the people have adopted for selecting those public servants whose official duty it is to enforce the law, to maintain public order and protect private rights.

Go to article

One Way To Prevent Some Of The 'Law's Delays', James H. Brewster Jan 1908

One Way To Prevent Some Of The 'Law's Delays', James H. Brewster

Articles

In view of discussions concerning "The Law's Delays" which have been had before several Bar Association meetings lately, the case of In re McHugh, 116 N. W. 459, decided by the Supreme Court of Michigan, is of interest. In this case two attorneys had been summoned by the trial court to answer a charge of contempt in failing to appear in court on the day set for the trial of one accused of murder whose defense they had undertaken, their failure to appear being alleged to be "for the purpose of obstructing the course of justice." After a hearing they …

Go to article

Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner Jan 1895

Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner

Articles

It is not my purpose to enter upon a detailed examination of municipal government as it now exists, but to confine myself to the consideration of some of the constitutional limitations that rest upon the legislative power to deal with the matter.

Go to article

First Prev Next Last