Digital Commons Network^™

Equity-Injunction-Enjoining Suits In Another State

Indiana Law Journal

No abstract provided.

Corporations - Injunctive Relief Against Corporate Action Which Requires Unanimous Approval

Michigan Law Review

A bill for an injunction to prevent the submission, at a stockholders' meeting, of a corporate by-law providing for extra dividends on stock owned by officers and employees, was maintained, on the ground that the proposed move was illegal and unauthorized by statute. Scott v. P. Lorillard Co. (N. J. Eq. 1931) 154 Atl. 515.

Review Of A Review, Charles E. Clark

Michigan Law Review

In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …

Easements-Way Of Necessity-Sale Of Servent Estate To Bona Fide Purchaser Without Notice

Michigan Law Review

M conveyed a portion of his land to X, through whom the defendant claims, the circumstances being such that X acquired a way of necessity over the land retained by M. X recorded his deed. Later M conveyed his remaining land to H, through whom the plaintiff claims. H was a purchaser for value without notice of the way of necessity. The plaintiff sought to enjoin the defendant from entering his land, and the defendant attempted to justify on the ground of this way of necessity. Held, under the recording acts the plaintiff as a bona fide purchaser took …

Book Reviews

Michigan Law Review

Multiple book reviews by various authors.

Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court

Michigan Law Review

The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …

Mortgages - Exchange For Deed With Option To Repurchase Or Sell To A Third Person And Take The Excess Of Purchase Money

Michigan Law Review

There is no principle more firmly established in equity than the one that the right of redemption constitutes an integral part of every mortgage. Neither by a stipulation in the mortgage itself, nor by any separate contemporaneous agreement, nor by giving a deed intended as a mortgage is it possible for the mortgagor to waive his equitable right to redeem. The application of this principle makes ineffectual the delivery of a deed in escrow at the time the note and mortgage are given, on condition that if the mortgagor does not pay his debt promptly the deed shall be delivered …

Bispham's Principles Of Equity, Clifford B. Snider

West Virginia Law Review

No abstract provided.

Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended

Michigan Law Review

Plaintiff and defendant entered into a contract by the terms of which defendant was to assign to plaintiff an equity in a land contract to purchase a lot. The plaintiff was to complete the payments and sell to the defendant on a land contract this same lot with a house and garage to be erected by the plaintiff, an experienced builder, according to plans and specifications to be drawn by the latter. The defendant was to be given credit for the amount he had previously paid on the lot, and the price was further reduced by the defendant doing the …

A Treatise On Equity, Jefferson B. Fordham

West Virginia Law Review

No abstract provided.

Review: The Recission Of Contracts And Cancellation Of Written Instruments

Michigan Law Review

A review of THE RECISSION OF CONTRACTS AND CANCELLATION OF WRITTEN INSTRUMENTS By Henry Campbell Black.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

A Rational Theory For Joinder Of Causes Of Action And Defences, And For The Use Of Counterclaims, William Wirt Blume

Michigan Law Review

In discussing, first, the joinder of actions it will be convenient to consider three groups or classes of cases:

Class I : Where one plaintiff (or joint plaintiffs) unites in a single proceeding two or more causes of action against one defendant (or joint defendants).

Class 2: "Where two or more plaintiffs, each having a cause of action against the same party (or parties), unite their causes of action in one proceeding.

Class 3: Where one plaintiff (or joint plaintiffs) having several causes of action, each against a different party, unites them in one proceeding.

In considering each group or …

Mortgages-Sale Under Trust Deed Mortgage For Inadequate Price-Effect

Michigan Law Review

The defendant, administrator of the estate of the mortgagee, bought the mortgaged property at the foreclosure sale for one thousand dollars. He bought for himself and not for the estate. He sold the property to a third party for three thousand five hundred dollars. The plaintiff mortgagor brought this suit to compel the defendant to account for the two thousand five hundred dollar difference between the price he paid for the property, and the amount he received for it, allowing a credit for the amount still due on the plaintiff's note-two thousand dollars. Held, where, as in this case, …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Joinder And Splitting Of Causes Of Action, Charles E. Clark

Michigan Law Review

The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Answer In Equity As Evidence In West Virginia, L. C.

West Virginia Law Review

No abstract provided.

Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee

Articles

The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that he does not waive it, yet all such stipulations …

Adversary Parties - Same Person As Both Plaintiff And Defendant, Edson R. Sunderland

Articles

Under the regulations promulgated by the Railroad Administration in 1918, all actions for injury to persons or property growing out of the possession or control of any railroad or system of transportation by the Director General of Railroads were required to be brought against the Director General. ORDER No. 50. Some courts refused to follow this order on the ground that it was contrary to the statute creating federal control. Lavalle v. Northern Pacific Railway Company, (1919), 143 Minn. 74; Franke v. Chicago & N. W. Ry. Co., (1919), 170 Wis. 71. But Order No. 50 has been generally observed, …

Gratuitous Partial Assignments, Edwin D. Dickinson

Articles

Is it possible to make an effective and irrevocable assignment by way of gift of part of a chose in action? There are no obvious reasons why it should not be possible. Gifts of a great variety of valuable rights are favored and protected by the law. Why not a gift of part of a chose in action? An answer deduced from the decided cases is not in all respects as certain and satisfactory as one might anticipate. Perhaps it is not too much to say that the answer is problematical. The problem invites interest, not only because it appears …

Interest On Claims In Receivership Proceedings, Ralph E. Clark

Michigan Law Review

Outside the cases of receivership, the Supreme Court of the United States has said: "We reach the conclusion that whatever may have been the English and early American rule, the tendency in Virginia as elsewhere in this country, is to allow interest on contracts to pay money from the date that the debt becomes due."'

Equitable Defenses Under Modern Codes, E W. Hinton

Michigan Law Review

An equitable defense to a legal right of action involves a contradiction in terms. Either the equity is no defense at all, or it has become a legal defense.

Book Reviews, Edgar N. Durfee, Evans Holbrook, Edwin D. Dickinson

Michigan Law Review

Equity, an Analysis of Modern Equity Problems Designed Primarily for Students. George L. Clark, SJ.D., Professor of Law, University of Missouri. E. W. Stephens Publishing Co., Columbia, Mo., igig. Pp. lii, 639.

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 …