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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.

1915-1938 Rowan County (Ky.) Circuit Witness Attendance, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The witness attendance ledger for the Rowan County (KY.) Circuit Court from 1915 to 1938.

The Inefficiency Of The American Jury, Edson R. Sunderland

Articles

What is proposed in the present article is to show that in attempting to preserve the independence of the jury in its exclusive juris- diction over questions of fact, the people and the courts in most American jurisdictions have departed from the common law practice and have introduced a principle calculated to undermine the very institution which they wish to strengthen. That is to say, through the rules prohibiting judges from commenting on the weight of the evidence, juries tend to become irresponsible, verdicts tend to become matters of chance, and the intricacy of procedure, with its cost, delay and …

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), …

Note And Comment, Edson R. Sunderland, Roswell B. O'Hara, Arend V. Dubee, Hollis Harshman

Michigan Law Review

The Proposed Michigan Judicature Act. 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 …

Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore

Michigan Law Review

The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Michigan Law Review

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament. Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here. In a few cases, and particularly in the decisions of the courts of North Carolina, offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner

Michigan Law Review

Adverse Possession in the Case of the Rights of Way of the Pacific Railroad Companies - While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips -were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect …

Newton D. Baker Scrapbook, March 20, 2014-September 1,1914, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.

Newton D. Baker Scrapbook, September 2, 2014-December 10,1914, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.

Newton D. Baker Scrapbook, October 1, 2013-March 19,1914, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1914, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1914, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

"What Is Kentucky's Name?", Polk South

Kentucky Law Journal

No abstract provided.

May An Atheist Testify Under The Constitution Of Kentucky?, Basil Duke Sartin

Kentucky Law Journal

No abstract provided.

Replication Of Waiver And Estoppel To Plea Of Statute Of Limitations In Kentucky, Lyman Chalkley

Kentucky Law Journal

No abstract provided.

May An Atheist Testify By Virtue Of Sections 605-606 Of The Civil Code Of Practice Of Kentucky?, Basil Duke Sartin

Kentucky Law Journal

No abstract provided.

1914-1917 Rowan County (Ky.) Court Commonwealth Docket, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Commonwealth Docket from Rowan County (KY.) Circuit Court from March of 1914 to September of 1917.

Las Vigentes Ordenanzas Municipales De Policía Urbana Y Rural Del Término Municipal De La Habana, Manuel J. Cobreiro

Mario Diaz Cruz Pamphlets

Con las reformas de algunos artículos acordados en diferentes sesiones por el ayuntamiento con notas por M. J. Cobreiro.

At head of title: Policía Urbana y Rural Habana.

Journal Of The Senate Of The Commonwealth Of Kentucky, 1914, Volume Two, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1914 term. This volume covers March 6, 1914 to March 17, 1914. This volume includes the index for both volumes.

Defects In Our Legal System, Henry M. Bates

Articles

That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …

The Registration Of Land Titles, John R. Rood

Articles

It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles, adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Articles

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler

Articles

Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to such entry be required to surrender a right or …

Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore

Articles

A recent Oklahoma case raises one phase of a question which has been perplexing the courts ever since jury trials were invented, and in regard to which there is a great contrariety of opinion. After a verdict had been rendered for the plaintiff in a personal injury suit, the defendant made a motion for a new trial on the ground of misconduct of the jury, and in support of his motion offered the affidavits of several of the jurors to the effect that the verdict was determined upon as the result of an agreement whereby each one of the jurors …

Journal Of The Senate Of The Commonwealth Of Kentucky, 1914, Volume One, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1914 term. This volume covers January 6, 1914 to March 5, 1914.

Constitutionality Of Teachers' Pensions Legislation Ii:The Validity Of The Proposed Michigan Law, Continued, Horace L. Wilgus

Michigan Law Review

We considered the constitutionality of Sections I, and II, of the proposed act in the former paper.

Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall

Michigan Law Review

What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …

Constitutionality Of Teachers' Pensions Legislation Ii: The Validity Of The Proposed Michigan Law, Horace L. Wilgus

Michigan Law Review

In the preceding paper, we considered pension legislation in general -- its extent, forms, purpose, and relation to the taxing power of the state and nation. It is proposed in this paper to discuss in detail the provisions of the proposed Michigan teachers' pension law in the light of the general principles, set forth in the former paper, with reference to specific constitutional provisions, and the decisions of the courts upon-the validity of pensions for firemen and policemen which are similar in many respects to teachers' pension systems, together with such decisions as have been made concerning the constitutionality of …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.