Michigan State Bar Journal Volume 1

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... NOTES ON RECENT MICHIGAN CASES Appeal--Extens1on Of The Statutory Per1od--Mandamus--Plaintiff was summoned to appear in a summary proceeding before a circuit court commissioner. Unable to attend because of alleged illness, she gave her husband sufficient money to settle the claim and instructed him to make payment. Because of his failure to do as directed, judgment was rendered against her in the proceeding; and she was also prevented from taking an appeal within the period of right. Compiled Laws 1915, 14408, provides for an extension of the statutory period within which an appeal may be taken when the party has been prevented from taking the same by circumstances not under his control. Upon defendant's denial of her motion for leave to appeal from the judgment, plaintiff asked for a writ of mandamus compelling its allowance. Held, writ denied, for the dereliction of plaintiff's husband was not such a circumstance beyond her control as will authorize a belated appeal. Kowalsky v. Marschner, Circuit Judge (Mich., 1922), 191 N. W. 32. Generally, the time prescribed by statute for taking an appeal is regarded as jurisdictional and there can be no extension of the time unless such extension is authorized by statute. 3 Corpus Jur1s, 1069. Michigan, among other states, expressly authorizes an extension of time for certain causes. Klotz v. Lenawee Circuit Judge, 159 Mich. 639; Witham v. Clinton Circuit Judge, 159 Mich. 568; Bliss v. Saginaw Circuit Judge, 159 Mich. 507. While some jurisdictions allow an extension of time by stipulation or agreement of the parties: Goodwin v. Fox, 120 U. S. 775; Pipkin v. McArtan, 122 N. C. 194; this court follows the general rule in refusing to permit an extension of the statutory period by consent of...

The History of Michigan Law offers the first serious survey of Michigan's rich legal past. Michigan was among the first states to admit African-Americans and women to its law schools and was the first governmental entity to abolish the death penalty. Additionally, the state, unlike its midwestern neighbors, did not enact racial exclusion laws in the post-Civil War era. Michigan has also played a leading role in developing modern rape laws, in protecting the environment, and in assuring the right to counsel for those accused of crimes. The story of Michigan's legal development includes high profile cases such as the Dr. Ossian Sweet murder trial, the cross-district busing case Milliken v. Bradley, and the affirmative action cases brought against the University of Michigan Law School.The History of Michigan Law documents and analyzes, as well, Michigan legal develpments in environmental history, civil rights, and women's history. This book will serve as the entry point for all future studies that involve the law in Michigan. With 2005 marking the bicentennial of the establishment of the Michigan Supreme Court, as well as the bicentennial of the creation of the Michigan Territory, The History of Michigan Law has appeal beyond the legal community to scholars and students of American history. ABOUT THE EDITORS---Martin Hershock is an associate professor of history at the University of Michigan-Dearborn. He is author of The Paradox of Progress: Economic Change, Individual Enterprise and Political Culture in Michigan, 1837-1878 (Ohio, 2003) Paul Finkelman is Chapman Distinguished Professor of Law at the University of Tulsa College of Law. He is the author of many articles and books, including His Soul Goes Marching On: Responses to John Brown and the Harpers Ferry Raid and the Library of Congress Civil War Desk Reference.

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A chronological history of the United States District Court for the Eastern District of Michigan, from its beginnings in the 1830s to the present. The United States District Court for the Eastern District of Michigan, the federal trial court based in Detroit with jurisdiction over the eastern half of Michigan, was created in 1837 and operated as recently as 1923 with a single trial judge. Yet by 2010, the court had fifteen district judges, a dozen senior U.S. district judges and U.S. magistrate judges, and conducts court year-round in five federal buildings throughout the eastern half of Michigan (in Detroit, Bay City, Flint, Port Huron, and Ann Arbor). In The United States District Court for the Eastern District of Michigan: People, Law, and Politics, author David Gardner Chardavoyne details not only the growth of the court but the stories of its judges and others who have served the court, litigants who brought their conflicting interests to the court for resolution, and the people of the district who have been affected by the court. In chronological order, Chardavoyne charts the history of the court, its judges, and its major cases in five parts: The Wilkins Years, 1837 to 1870; The Industrial Revolution and the Gilded Age, 1870 to 1900; Decades of Tumult, 1900 to 1945; The Era of Grand Expectations, 1946 to 1976; and A Major Metropolitan Court, 1977 to 2010. Along the way, Chardavoyne highlights many issues of national concern faced by the court, including cases dealing with fugitive slave laws, espionage and treason, civil rights, and freedom of speech. Chardavoyne also examines how conflicting interests—political, local, and personal—have influenced the resolution of a myriad of issues not directly related to the court’s cases, such as who becomes a federal judge, how many judges the court should have, in which cities and in which buildings the judges hold court, what kinds of cases the judges can and cannot hear, and the geographical boundaries of the district and of divisions within the district. This volume includes helpful appendixes that list the Eastern District of Michigan Court’s Chief Judges, Clerks, Magistrates and Magistrate Judges, and United States Marshals; along with the succession of judges, and a list of District and Circuit Court Case Filings, 1837–2010. Legal professionals and scholars will appreciate this thorough history.

The nation’s longest-serving attorney general tells the story of a life that spanned two centuries and a career that helped transform consumer protection and public interest law. After several years as a small-town lawyer in Alpena, Frank J. Kelley was unexpectedly appointed Michigan’s attorney general at the end of 1961. He never suspected that he would continue to serve until 1999, a national record. During that time, he worked with everyone from John and Bobby Kennedy to Bill Clinton and jump-started the careers of dozens of politicians and public figures, including U.S. Senator Carl Levin and Governors James Blanchard and Jennifer Granholm. In The People’s Lawyer: The Life and Times of Frank J. Kelley, the Nation’s Longest-Serving Attorney General, Kelley and co-author Jack Lessenberry reflect on the personal and professional journey of the so-called godfather of the Michigan Democratic Party during his incredible life and thirty-seven years in office. The People’s Lawyerchronicles Kelley’s early life as the son of second-generation Irish immigrants, whose father, Frank E. Kelley, started out as a Detroit saloon keeper and became a respected Democratic Party leader. Kelley tells of becoming the first of his family to go to college and law school, his early days as a lawyer in northern Michigan, and how he transformed the office of attorney general as an active crusader for the people. Among other accomplishments, Kelley describes establishing the first Office of Consumer Protection in the country, taking on Michigan’s public utility companies, helping to end racially restrictive real estate practices, and helping to initiate the multibillion-dollar Tobacco Master Settlement Agreement in 1998. Kelley frames his work against a backdrop of the social and political upheaval of his times, including the 1967 Detroit riots, the disappearance of Jimmy Hoffa, and the assassinations of John F. Kennedy, Robert F. Kennedy, and Martin Luther King, Jr. All those interested in American history and legal history will enjoy this highly readable, entertaining account of Kelley’s life of public service.