Law Commons^™

Constitutional Law - Reinstatement Of Attorney - Constitutionality Of Pardon Statute - Legislative Encroachment On Judicial Power

Michigan Law Review

In proceedings based on the record of his conviction for attempted extortion, the petitioner was disbarred. Having received a full pardon from the governor, he sought reinstatement, relying on a statute which purported to make reinstatement mandatory on the court upon proof of the pardon. Held, the statute is unconstitutional in so far as it directs the court to reinstate a disbarred attorney without a showing of moral rehabilitation. It is an encroachment by the legislature upon the inherent power of the court to admit attorneys to practice and in effect vacates a judicial order by legislative mandate. In …

Criminal Law And Procedure - Evidence - Presumptions

Michigan Law Review

The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …

Bills And Notes-Liability Of An Acceptor On An Altered Instrument

Michigan Law Review

Section 62 of the N. I. L. (Uniform Negotiable Instruments Law) provides: "The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits,-- (1) The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument, and (2) The existence of the payee and his then capacity to indorse." A recent California case decided that by force of this section, a bank certifying and paying a check on which the payee's name had been changed could not recover the money from the holder …

Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable

Michigan Law Review

In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from …

Bills And Notes - Negotiability - Accelerating Factors Extraneous To Instrument

Michigan Law Review

Plaintiff was a good faith purchaser of a trade acceptance payable at a fixed date with a provision for acceleration at the option of the holder [1] " . . . upon the acceptor hereof suspending payment, [2] giving a chattel mortgage, [3] suffering a fire loss, [4] disposing of his business or [5] failing to meet at maturity any prior trade acceptance." In an action by the plaintiff after the fixed date of maturity, defendant-acceptor contended that accelerating provisions 3 and 5 rendered time of payment uncertain and the instrument non-negotiable. Held, the trade acceptance was negotiable. People's …

Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente

Michigan Law Review

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …

Attorney And Client - Disbarment - False Testimony

Michigan Law Review

A, an attorney, as a witness for his client in a suit against the latter, testified falsely under oath with knowledge of the fact. In proceedings for disbarment, during which A admitted the falsity of his testimony, held, his conduct warranted suspension from the bar for one year. Green v. State Bar ( Cal. 1931 ) 2 Pac. ( 2d) 340.

Torts -Attractive Nuisance - Natural Hazards

Michigan Law Review

The defendant maintained an open storm drain twenty feet deep which was easily accessible by means of its sloping sides. Muddy water and debris in the bottom of the drain concealed a dangerous pool formed by caved-in banks constructing a dam and by water falling from a conduit gouging out a pit. A child of ten years, while playing in the drain, fell into the hole and was drowned. Held, since the pool had not been created by an act of the defendant, the case did not fall within the attractive nuisance doctrine which requires that there be an …

Torts-Last Clear Chance Doctrine-Position Of Peril

Michigan Law Review

The trial court refused to give an instruction to the effect that "if the jury believed that the decedent, by her own negligence, had placed herself in a position of peril, and the defendant saw and realized her condition in time to avoid the accident by the exercise of ordinary care, but failed to do so, the defendant was solely responsible for her death." Held, that the instruction was rightly refused. Sadler v. Benson (Cal. App. 1930) 293 Pac. 126.

Bills And Notes-Acceleration Provisions In Negotiable Paper

Michigan Law Review

The defendant, acceptor, claimed that the trade acceptance sued upon was non-negotiable. This trade acceptance was payable at a specified date, but provided for accelerated maturity in case the acceptor should suspend payment, give a chattel mortgage, suffer fire loss, dispose of his business, or fail to meet at maturity any prior trade acceptance. The defendant claimed that in order to preserve negotiability the contingencies specified in the acceleration clause must be such that their happening will be brought about by some act or omission on the part of the acceptor, and that they must relate to some …

Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant

Michigan Law Review

L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in …

Conflict Of Laws-Contracts-Married Woman's Capacity

Michigan Law Review

Defendant, a married woman, domiciled in Idaho, entered into a guaranty contract in California with the plaintiff. In a bankruptcy proceeding brought against her in the district court for Idaho, she denied the validity of the obligation because it was not within the exceptions in Idaho law to the common law disability of a married woman to contract. Under California law the contract was valid. The agreement stipulated that it should be construed according to California law. Held, the capacity of the defendant to enter into the contract is governed by the law of California, the place where it …

Review: Stephen J. Field: Craftsman Of Tbe Law., Everett S. Brown

Michigan Law Review

A Review of: STEPHEN J. FIELD: CRAFTSMAN OF TBE LAW

Constitutional Law-Due Process-Revocationof Driver's License

Michigan Law Review

Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …

Carriers--Rates-Construction Of Hoch-Smith Resolution On Power Of Interstate Commerce Commission Over Railroad Rates

Michigan Law Review

California growers have for several years complained that railroad freight rates to eastern points on decidious fruits were unreasonably high, contributing to their suffering from the agricultural depression. In 1925, the Interstate Commerce Commission found these rates not reasonable nor unduly prejudicial, 100 I. C. C. 79. That year, Congress passed the Hoch-Smith Resolution, c. 120, 43 Stat. 801, 49 U. S. C. A. 55. This provided for investigation of rate structures by the Interstate Commerce Commission, and stated that in rate-making due regard should be paid to conditions in the various industries, the market-value levels of commodities, the natural …

The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley

Michigan Law Review

One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …

Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination

Michigan Law Review

To the railroad's action to recover unpaid freight, the shipper set up as a counterclaim his loss (an amount greater than the freight) from damage to that shipment due to the plaintiff's negligence. The United States district court for the southern district of California held for the defendant, that this might be done. Upon appeal, the circuit court of appeals for the ninth circuit certified the question: Where a carrier brings an action at law to recover freight charges-in a district where state law provides that if a defendant fails to set up a counterclaim arising out of the transaction …

Crimes-Alibi-Instructions As To Particular Evidence

Michigan Law Review

In a prosecution for robbery the defendants introduced evidence as to an alibi and requested a charge which contained the proposition that the evidence on this point had merely to raise a reasonable doubt as to their presence at the scene of the crime to entitle them to an acquittal. The court refused this request, but had previously instructed the jury that the burden rested with the state to prove the guilt of the. defendants beyond a reasonable doubt. Held, that it was reversible error to refuse the charge requested. People v. Vasquez (Cal. App. r928) 26g Pac. 549.

The Rights Of Access Of An Upland Owner To Navigable Waters, Marshall John Rutherford

University of the Pacific Theses and Dissertations

The question to be discussed in this dissertation is whether or not the upland owners on navigate waters live, by virtue of the position of their land a right of ocean to the free enjoyment of the water in front of the land there of for purpose of navigation.

The question here involved has been considered by many legislatures and courts as well as by many text writers and as a result of such consideration there is a great variety of opinions. I shall in this dissertation direct my attention to the law as believe it be in California.

Certain California Indian War Bonds.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

California Indian War Bonds. 4 June. SD 137, 55-1, v6, 2p. (3563] Concerning interest payments on said bonds, etc.

In The Senate Of The United States. Letter From The Secretary Of The Interior, Transmitting Papers Concerning Claim Of Casuse Costello As Settler On Certain Indian Reservation, With Favorable Recommendation For.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

L-C of C. Costello. 12 Sept. SED 12, 53-1, v1, 3p. [3144] Lands and improvements on the Round Valley Indian reservation in California are lost to the claimant.