Law Commons^™

Municipal Corporations—Municipal Borrowing, Robert Blaney

Buffalo Law Review

City of Buffalo v. Strong & Co., 304 N. Y. 132, 106 N. E. 2d 217 (1952).

Municipal Corporations—Municipal Tort Liability, Robert Blaney

Buffalo Law Review

Brown v. Board of Trustees of Town of Hamplonburg, School District 4, 303 N. Y. 484 104 N. E. 2d 866 (1952); Matter of McEwan v. City of New York, 304 N. Y. 628, __ N. E. 2d __ (1952); Schmid v. Werner, 303 N. Y. 754, 103 N. E. 2d 540 (1952) affirming 277 App. Div. 520, 100 N. Y. S. 2d 860 (1st Dep't 1950).

Municipal Corporations—Community Planning, Robert Blaney

Buffalo Law Review

People v. Miller, 304 N. Y. 105, 106 N. B. 2d 34 (1952); City of Buffalo v. Roadway Transit Co., 303 N. Y. 453, 104 N. E. 2d 96 (1952); In re Gillen Place, Borough of Brooklyn, City of New York, 304 N. Y. 215, 106 N. E. 2d 897 (1952).

Municipal Taxpayers And Standing To Sue, Hilary P. Bradford

Buffalo Law Review

No abstract provided.

Municipal Corporations—The Local Unit, Robert Blaney

Buffalo Law Review

Holmes Electric Protective Co. v. City of New York, 304 N. Y. 202, 106 N. E. 2d 607 (1952); Town of Pelham v. City of Mt. Vernon, 304 N. Y. 15, 105 N. E. 2d 604 (1952), motion for reargument denied, 304 N. Y. 594, 105 N. E. 2d 604 (1952).

Title Examinations In Michigan As Affected By The General Federal Tax Lien, L. Hart Wright

Michigan Law Review

There are three federal tax liens which serve to haunt the average title examiner. The first of these is pitched at the wholesale level; it is a shotgun type lien applicable to all federal taxes and is now provided for by section 3670 of the Internal Revenue Code. The second and third are not nearly so sweeping. One is confined to the federal estate tax, being provided for by section 827 of the code, while the other reinforces the federal gift tax and is the product of section 1009 of the code.

The discussion which follows deals only with the …

Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton

Michigan Law Review

The first fifteen years of Michigan's existence as a state were marked by much experimentation and change in state government. In this short period two state constitutions, a basic constitutional amendment, two general revisions of the statutes, and numerous fundamental laws were enacted and put into effect. Both the legislative and executive branches underwent extensive renovation in these years, but it was the state court system in particular that was subjected to constant pressure for alteration and which was most radically modified, both in structure and procedure.

Insurance-Conditions-Effect Of Non-Compliance With Notice Clause On Insurer's Liability, John W. Hupp S.Ed.

Michigan Law Review

Automobile liability insurance policies invariably contain a provision requiring immediate notice of accident and suit. The purpose of such a provision is to allow the insurer to make an investigation of the accident in order to prepare a defense and to prevent fraudulent and invalid claims. Although compliance with the provision may be of the utmost importance to the insurer, it frequently is a matter of little or no concern to the insured, and so upon the happening of an accident the insured frequently fails to give due notice to the insurer. The succeeding action by the injured party against …

Civil Procedure-Parties-Intervention Denied Where Applicant Asserts An Independent Cause Of Action In Damage Suit, Richard P. Matsch S.Ed.

Michigan Law Review

ln plaintiff's action for property damages sustained in a collision with defendant's automobile, defendant's wife filed a petition of intervention for her claim against plaintiff for personal injuries received in the accident. Plaintiff's motion to strike the petition of intervention was overruled by the trial court. On appeal, held, reversed. Petitioner's cause of action was independent of the controversy between plaintiff and defendant and did not fall within the provisions of the court rule allowing intervention. Edgington v. Nichols, (Iowa 1951) 49 N.W. (2d) 555.

The Law Of Municipal Contracts With Annotated Model Forms, Londo H. Brown

West Virginia Law Review

No abstract provided.

Paths To Constitutional Home Rule For Municipalities, Wallace Mendelson

Vanderbilt Law Review

A basic American tradition is that problems which are national in scope (i.e., which "affect more states than one") shall be handled by the national government, while problems of merely state-wide concern are left for state government. Municipal home rule is the application of this basic principal in the relationship of the state to its towns and cities. To put the matter in the most simple and direct terms--nothing should be done at the national level that can be done efficiently by the states and nothing should be handled at the state level that can be dealt with effectively by …

Constitutional Law-Fourteenth Amendment Equal Protection Segregation In Recreational Facilities Furnished By A Municipality, James S. Taylor S. Ed.

Michigan Law Review

The plaintiff, a Negro, was denied admission to a municipal golf course under an ordinance setting aside certain public parks for the exclusive use of Negroes, and providing that all other public parks were for the exclusive use of white people. Only the public parks provided for the "whites" had golf courses, though in all other respects the park facilities offered were substantially equal. The plaintiff brought an action in a federal district court for a declaratory judgment as to his civil rights and for an injunction protecting such rights. The injunction was denied on the grounds that the facilities …

"Constitutional" Limitations On Amendments In Indiana

Indiana Law Journal

No abstract provided.

Handler V. Board Of Supervisors, Jesse W. Carter

Jesse Carter Opinions

A county was authorized by statute to oppose a commuter railroad's application for a passenger-fare rate increase and to hire an attorney to represent the county in opposing the rate increase.

Fascination, Inc. V. Hoover, Jesse W. Carter

Jesse Carter Opinions

The right to engage in business in the city for whom the officials worked could not be arbitrarily denied by the city's officials without a hearing or an opportunity to present the merits of the application.

The Law Of Burial Insurance, Charles T. Cady

Vanderbilt Law Review

Burial insurance, used in the sense of a risk-shifting device to aid the less fortunate, has existed in the form of friendly societies from time immemorial. Indeed, it is probable that this noncommercial type was the first form of insurance. There is some evidence that such societies existed in Egypt, 2500 B.C. There exists more concrete evidence that they thrived in ancient China, India, Greece and Rome. The Grecian societies, although largely religious and ritualistic, had as their main function the guarantee of a decent burial for their members. The existence around A.D. 117-138 of Roman societies, called collegia, is …

Ten Probate Codes, Lewis M. Simes

Michigan Law Review

It is the purpose of this article to summarize some of the most important aspects of these codes for the purpose of indicating legislative trends. For the most part, they will be discussed in the chronological order of their enactment. While some of them deal with many other matters besides the law of decedents' estates, such as guardianships and testamentary trusts, this discussion will be limited to the substantive and procedural law of decedents' estates, exclusive of matters of ancillary administration.

Constitutional Law-Civil Procedure-Due Process Requirements For State Jurisdiction Over Foreign Corporations, Richard D. Rohr

Michigan Law Review

The plaintiff, a nonresident of Ohio, brought an action in Ohio against the defendant, a sociedad anonima organized under the laws of the Philippine Islands, on claims which neither arose in Ohio nor were connected with the defendant's activities in Ohio. Defendant's president, who was also its general manager and principal stockholder, had returned to his home in Ohio when the company's mining operations were suspended by the Japanese occupation of the Philippines. During the war years, he conducted such business as was possible in Ohio, holding directors' meetings, carrying on correspondence, maintaining bank accounts, but the defendant did not …

Municipal Corporations-Power Of The Municipality To Expend Public Funds For Municipal Advertising, William A. Bain, Jr.

Michigan Law Review

A statute allowed any city to set aside a certain amount annually from the general tax fund, which money might be expended under the direction and control of the city council for the purpose of aiding and encouraging the location of industry and other purposes which would increase the population, taxable property, and business prospects of the city. The Burlington City Council appropriated $2,000 to the Chamber of Commerce, a private non-profit corporation, which was organized for the purpose of advancing the commercial, civic, industrial, and monetary interests of the city. No specification was, made as to use, and the …

County Home Rule In Tennessee, Henry N. Williams

Vanderbilt Law Review

The present Tennessee Constitution as interpreted by the courts permits the legislature to grant to the governing boards of counties a considerable amount of power to determine and regulate matters which are of local concern. There is no reason to doubt that the legislature could authorize county governing boards great freedom in determining the form and organization of county government. Thus the General Assembly could go far in establishing county home rule in Tennessee.

The chief difficulty in relying on the General Assembly's granting considerable authority under the existing constitutional provision to the governing boards of the counties to determine …

Municipal Corporations—Competition Between Public Utilities, Eldon C. Parr

Washington Law Review

A Public Utility District (P.U.D.), organized in 1937 and including the Town of Newport in its territory, in June 1949 purchased the properties of a public service corporation which supplied the Town of Newport and the surrounding area with electric power. The P.U.D. thereafter performed this service. In July 1949, the Newport City Council proposed that the city acquire its own power system. An election was conducted which favored the proposal. Action by the P.U.D. to enjoin issuance of revenue bonds by the Town of Newport to finance the proposed acquisition. Judgment for the Town of Newport. On appeal, that …

Corporations--Shareholders-Effect On Voting Trust Agreement Of Inability To Transfer Shares To The Voting Trustees, Peter Van Domelen

Michigan Law Review

Plaintiff filed a petition in equity attacking his removal as a director and president of the defendant corporation on the grounds that such removal was brought about through the exercise of an alleged invalid voting trust agreement The plaintiff and another shareholder, each owning fifty per cent of the stock in the defendant corporation, had entered into a voting trust agreement by which they appointed themselves and a third party as voting trustees. At the time the trust agreement was executed, all of the stock was on deposit with an escrow agent subject to an existing escrow contract. Plaintiff challenged …

Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.

Michigan Law Review

Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …

Anderson V. Souza [Dissent], Jesse W. Carter

Jesse Carter Opinions

Finding that operation of airport constituted a nuisance under the State Aeronautics Commission Act was proper because its operation interfered with rights of neighboring land owners, but remedy of enjoining the operation of airport was too severe.

Zoning—The Non-Conforming Use And Spot Zoning, John M. Mckee, Morree Levine

Buffalo Law Review

No abstract provided.

Dedication--Right Of Municipality To Deviate From Intended Use, W. O. S.

West Virginia Law Review

No abstract provided.

Culver City V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter

Jesse Carter Opinions

When city violated injunction which required it to contribute to the costs of new sewage facilities, city's inability to agree to a contract with the sewage treatment provider was not a reasonable excuse, and city and its council were in contempt.

Stang V. Mill Valley [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because the city and its officials owed to the homeowners no specific duty to maintain the waterways to a fire hydrant, the homeowners had no claim against the city and its officials arising from the blaze that destroyed the homeowners' dwelling.

State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover

Vanderbilt Law Review

The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of the …

Constitutional Law-Due Process-Freedom Of Expression- Commerce Clause-Clause-"Green River" Ordinance As Applied To Door To Door Solicitation For Magazine Subscriptions, C. E. Lombardi, Jr. S.Ed.

Michigan Law Review

In their famous article on the right of privacy, Warren and Brandeis noted that the common law protection of the right of privacy in the home was far more highly developed than the protection given to individual privacy in other respects. "The common law has always recognized a man's house as his castle, impregnable, often, even to its own officers engaged in the execution of its commands." The common law impregnability has met perhaps its stiffest test when those attacking it have sought constitutional protection. The recent decision of the Supreme Court in the case of Breard v. City of …