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Articles 1 - 30 of 220
Full-Text Articles in Law
The Present Status Of The Sherman Act, Robert W. Harbeson
The Present Status Of The Sherman Act, Robert W. Harbeson
Michigan Law Review
Two circumstances may be advanced by way of justification for the present addition to the voluminous literature dealing with the Sherman Anti-Trust Act. First, the Supreme Court has in recent months handed down two decisions involving the application of the Sherman Act to the oil industry, which are of great importance both because of their sweeping application to marketing practices in that industry and because of the directness with which they raise certain issues of economic theory and policy. Second, the fiftieth anniversary of the Sherman Act on July 2, 1940 provides an appropriate occasion for a review of the …
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …
Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman
Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman
Michigan Law Review
The long-term security of civil liberties in the United States must in the end depend upon the spirit and attitude of the public. Many violations of these rights never reach the stage of justiciable issues. But even when they do, public sentiment is often reflected in the courts. Especially is this true in the state courts, which are often too near local prejudices and entrenched mores to withstand their effect. This situation was recognized as long ago as the Reconstruction Era, when the various civil rights acts provided for federal protection of civil liberties. Apparently it was felt that from …
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Michigan Law Review
In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.
Corporations - Liability Of Officer For Profits Made Out Of His Office, James D. Ritchie
Corporations - Liability Of Officer For Profits Made Out Of His Office, James D. Ritchie
Michigan Law Review
X, in order to obtain funds with which to bid at a government sale of steel in 1919, offered defendant, president of the Y Bank, a one-half interest in the venture. Subsequently, defendant caused the bank to make large loans to the corporation organized to handle the steel transaction. The loans were approved by the bank's loan committee on defendant's recommendation and were repaid in due time. Within the next three years defendant received from the steel enterprise $75,000 in "salary," $73,125 in dividends, and, finally, $200,000 for the sale of his stock. Upon the directors' refusal to sue, …
Costs - Assessment Of Court Costs Against An Agency Of The Federal Government, Walter Muller
Costs - Assessment Of Court Costs Against An Agency Of The Federal Government, Walter Muller
Michigan Law Review
A complaint against defendant, filed in equity by the Reconstruction Finance Corporation, was dismissed without costs, the lower federal court being of opinion that it had no power to impose costs upon a governmental agency. The rule of court which bears on this point says, "costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law." Held, on appeal to the circuit court of appeals, the district court did have power to assess costs against the Reconstruction Finance Corporation. Reconstruction Finance Corp. v. J. G. Menihan Corp., (C. C. A. …
Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review
Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review
Michigan Law Review
In anticipation of becoming the owner of a tract of land, S agreed to convey to a water company that portion of the land which the company would require for its reservoir. On acquiring the land, S conveyed the tract to F "except about 25/100 acres on the westerly side to be deeded to the Centralia Water Works Co." Ten days later, S conveyed to the water company "all that part . . . that is now or shall hereafter be, covered by water in the reservoir of said . . . company to high water mark in flood time …
Bankruptcy - Corporate Reorganization - Limitation On The Right To Appeal From An Order For The Allowance Of Compensation In A Corporate Reorganization Under The Chandler Act, Michigan Law Review
Bankruptcy - Corporate Reorganization - Limitation On The Right To Appeal From An Order For The Allowance Of Compensation In A Corporate Reorganization Under The Chandler Act, Michigan Law Review
Michigan Law Review
A petition for reorganization was approved by the district court, and members of a bondholders' committee were granted an allowance for services. As the award was much less than the amount sought, the committee asked leave to appeal of the circuit court of appeals. Leave was granted and the allowance increased. In the Supreme Court the petitioner claimed that the circuit court of appeals had no jurisdiction on the theory that the committee was confined to an appeal as of right, which could only be taken by filing notice of appeal in the district court. Held, the circuit court …
Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom
Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom
Michigan Law Review
Defendant, a member of a machinist's union, was indicted for violation of a city ordinance which prohibited peaceful picketing except by employees employed three months or more at a place of business and who had been so employed within sixty days of the commencement of the picketing. A state statute modeled on the Norris-LaGuardia Act authorized the giving of publicity of labor disputes and forbade the issuing of injunctions for designated types of labor controversies. Held, that the ordinance was void and that the defendant was entitled to picket peacefully a company which had never employed him, but which …
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Michigan Law Review
A railroad made application to the Interstate Commerce Commission to obtain authorization to lease the lines of another railroad. The relevant federal statute provided that the commission should authorize consolidations and leases subject to such terms and conditions as it should find just and reasonable and as would promote the public interest. Accordingly, the commission conditioned approval of the lease by requiring that employees dismissed as a result of the lease be paid monthly allowances for fixed periods, or until securing re-employment; that those not dismissed be protected against any decrease in wages for five years, and reimbursed for expenses …
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Michigan Law Review
Defendant, president of plaintiff corporation, misappropriated over $1,000,000 in corporate funds, investing $79,000 thereof in government bonds. With the proceeds from these bonds, defendant set up two corporations, all the capital stock of which was owned by defendant's son and was purchased with plaintiff's money. One Greenslade was hired by defendant, and paid with a part of the misappropriated funds, to experiment with locomotive staybolt testing devices. As a result of the experimentation, Greenslade invented and patented several devices, transferring ownership thereof to one of the two corporations. In a prior action, brought without knowledge of the disposition of the …
Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan
Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan
Michigan Law Review
On the morning following the accident in which plaintiff's husband was struck and fatally injured by an auto owned and driven by defendant John Manning, the latter conveyed to his sister, Anna, his undivided one-half interest in certain realty, thereby making himself insolvent. About two and one-half weeks later, plaintiff's husband died as a result of the accident, and plaintiff brought suit on behalf of herself and her daughter to recover damages for the wrongful death of her husband. Plaintiff recovered judgment, and then filed the present action to set aside the conveyance. The court so decreed, and defendants John …
Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin
Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin
Michigan Law Review
Having found that the petitioner, by discharging employees for union activities, had engaged in an unfair labor practice, the National Labor Relations Board ordered the employees' reinstatement with back pay, less monies received during the period of discharge for work performed upon federal, state, county, municipal or other work-relief projects, and the payment of this amount received to the appropriate fiscal agencies of the government or governments which. supplied the funds for the work-relief projects. The Circuit Court of Appeals for the Third Circuit directed enforcement of the board's order. On petition for a writ of certiorari to that court, …
Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee
Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee
Michigan Law Review
In an action to cancel a five-year lease, it appeared that the lessee had agreed to pay as rent an amount equal to one cent a gallon on each gallon of gasoline delivered, by it, on the leased premises. Held, that the lease was valid, as it created a bilateral contract supported by consideration on both sides, since according to the court's construction of the lease the lessee had impliedly promised to use the premises as an automobile filling and service station for the stipulated period and so would necessarily be required to deliver gasoline there. Jackson v. Pepper …
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …
Wigmore On Evidence-A Review, John E. Tracy
Wigmore On Evidence-A Review, John E. Tracy
Michigan Law Review
In 1887 John Henry Wigmore graduated from Harvard Law School. Only four years later, in 1891, there came from his pen an article in the Harvard Law Review entitled "Nemo Tenetur Seipsum Prodere," which showed to the profession that there had arrived at the bar a writer who was not only a deep student of legal history and knew his law of evidence, but who had no hesitation in smashing images, regardless of how sacredly they had theretofore been worshiped.
Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee
Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee
Michigan Law Review
Plaintiff demanded a writ of prohibition against the defendant, a justice of the peace, to prevent his proceeding to determine ownership of trademarked milk bottles seized from plaintiff's milk truck under a search warrant. A statute required the issuance of a search warrant when any person made affidavit that he had reason to believe and did believe that trademarked receptacles were being wrongfully held. Held, writ of prohibition granted since the statute was unconstitutional in requiring the issuance of a search warrant without a showing of facts constituting probable cause, and in allowing the affiant instead of the judicial …
Taxation - Inheritance And Estate Taxes - Powers Of Appointment, William L. Howland
Taxation - Inheritance And Estate Taxes - Powers Of Appointment, William L. Howland
Michigan Law Review
From time immemorial, problems arising from the creation and exercise of powers of appointment have proven enigmatic to the judiciary. These problems are not decadent but still possess an abundance of vitality. The increased complexity of statutes imposing death taxes has tended to foment litigation. These two fertile sources of intricate problems, in combination, have borne the apprehended fruits. The taxation of powers of appointment has created problems of infinite variety, harassing alike the attorney, the judge and the legislator. The questions involved are not simply of academic or theoretical importance. Under our modern death tax statutes the questions are …
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Michigan Law Review
The practice of wringing confessions from the lips of persons accused of crime forms a substantial blot on the history of the medieval administration of criminal law. Never legalized in England, the practice early earned the condemnation of writers and criticism of courts. From a recognition of human rights and a perception of the unreliability of statements extorted by violence, evolved the general rule, now long recognized in England and the United States, that the accused's involuntary confession is inadmissible in evidence against him. Recently this rule of evidence has been implemented by the recognition of the United States Supreme …
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged by collision with an automobile belonging to the defendant while being driven by defendant's wife who was on an errand to purchase a twenty-five cent Hallowe'en party dress for her daughter. The accident was caused by the negligence of the defendant's wife. The defendant, his wife, and their child were living together, and the wife's sole income was derived from her husband, and from this she was to provide clothing and meet other expenses for the child. The circuit court gave judgment of damages to the plaintiff and the defendant appeals. Held, the plaintiff could …
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Michigan Law Review
The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …
Federal Courts - Deposition-Discovery Practice - Rule 26 And Hearsay Evidence, Jamille G. Jamra
Federal Courts - Deposition-Discovery Practice - Rule 26 And Hearsay Evidence, Jamille G. Jamra
Michigan Law Review
In an action for personal injuries suffered in defendant's store, plaintiff moved for an order requiring one Jackson to answer certain questions propounded to him at the taking of his deposition. Jackson, an investigator for defendant's insurer, had ascertained certain facts from witnesses to the accident. The questions, to which Jackson objected on the ground of privilege, sought to elicit the number and names of persons who he learned were present at the accident. Held, the motion should be denied on the ground that the evidence sought was hearsay. Poppino v. Jones Store Co., (D. C. Mo. 1940) …
Fraudulent Conveyances - Contingent Creditors - Bank Stockholders' Double Liability, Charles V. Beck Jr.
Fraudulent Conveyances - Contingent Creditors - Bank Stockholders' Double Liability, Charles V. Beck Jr.
Michigan Law Review
A holder of bank stock conveyed real estate to her daughter in consideration of love and affection, leaving the grantor with no other assets than the bank stock. At the time, the bank stock had a market value of eleven dollars a share, and the bank was advertising for depositors; there was nothing in the record to indicate insolvency. About two years later the bank closed, and the superintendent of banks assessed the stockholders the amount of their statutory double liability. When the transfer was discovered the superintendent brought action to set aside the conveyance as fraudulent to the creditors …
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Michigan Law Review
Plaintiff was passing under defendant's elevated railway structure when a small particle of steel coming therefrom dropped into his eye. In his suit for damages plaintiff relied on the application of the doctrine of res ipsa loquitur to make out a prima facie case for him. Held, the rule of res ipsa loquitur cannot apply to help plaintiff on such facts. Riles v. Murray, (N. Y. Cty. Ct. 1939) 12 N. Y. S. (2d) 648.
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Michigan Law Review
Plaintiff sued for injuries sustained when struck by a foul ball at a baseball game while seated in the unprotected bleachers of the municipal baseball park. Held, the fact that there was no choice of protected seats in the ball park would not justify the recovery against the defendant, for the plaintiff, while seated in these unprotected bleachers, assumed this risk which was reasonably incidental to the game of baseball. Adonnino v. Village of Mount Morris, 171 Misc. 383, 12 N. Y. S. (2d) 658 (1939).
Carriers - Interstate Commerce - Stockyard A Common Carrier, John L. Rubsam
Carriers - Interstate Commerce - Stockyard A Common Carrier, John L. Rubsam
Michigan Law Review
The Union Stock Yard and Transit Company of Chicago performed the services of loading and unloading livestock at its stockyards in Chicago. It neither owned nor controlled any railroad directly or indirectly, but restricted its transportation service to the loading and unloading of livestock as specified in its tariff. It owned the platforms and chutes which were the necessary and only means of loading and unloading at its yard, to and from which the livestock was shipped interstate by rail. For this service it charged the railroads the scheduled rates. Appellant contended that, having divested itself of all control and …
Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport
Charities - Torts - Liability Of Charitable Corporations For Their Torts, Raymond H. Rapaport
Michigan Law Review
Plaintiff was employed by defendant to assist in the work of redecorating defendant's building, and was injured because of defendant's alleged failure to provide a suitable place to work. To plaintiff's plea for damages defendant answered that since it was a charitable corporation it was, therefore, immune from such action. Held, charitable corporations are not immune from liability for torts by reason of any exemption accorded them on the basis of the purposes for which they were incorporated. Gable v. Salvation Army, 186 Okla. 687, 100 P. (2d) 244 (1940).
Admiralty - Workmen's Compensation - Longshoremen's Act Status Of Worker On Vessel Withdrawn From Navigation But Moving On Navigable Waters, Michigan Law Review
Admiralty - Workmen's Compensation - Longshoremen's Act Status Of Worker On Vessel Withdrawn From Navigation But Moving On Navigable Waters, Michigan Law Review
Michigan Law Review
Plaintiff and five others were hired to load a lake freighter with cargo for winter storage. They were hired by the day and none lived aboard the vessel, which had been out of commission for a year. Plaintiff assisted in towing the vessel to the elevator dock and worked on deck while the cargo was being loaded. While shifting the vessel along the dock, plaintiff's hand was crushed in a winch. Plaintiff brought an action at law under the Jones Act. Held, plaintiff is not a seaman within the terms of that act, nor "a member of a crew" …
Criminal Law And Procedure - Extradition Of A Juvenile Delinquent, Felicia I. Hmiel
Criminal Law And Procedure - Extradition Of A Juvenile Delinquent, Felicia I. Hmiel
Michigan Law Review
The state of Georgia, by an acting justice of peace of a county, charged a thirteen-year-old boy with the crime of assault with intent to murder. Under the Georgia Criminal Code the offense was punishable by imprisonment in the penitentiary for a term of two to ten years. The boy was found in the state of New York, whereupon the governor of Georgia sent a requisition for extradition to the governor of New York. The boy defendant brought a habeas corpus proceeding in a New York court to obtain release from custody under the extradition warrant. Held, the defendant …
Eminent Domain - Power Of The Federal Government To Condemn Land In Public Use For An Inconsistent Federal Use, Robert P. Kneeland
Eminent Domain - Power Of The Federal Government To Condemn Land In Public Use For An Inconsistent Federal Use, Robert P. Kneeland
Michigan Law Review
Defendants, landowners and next of kin of persons buried in a cemetery which was being subjected to condemnation, moved to dismiss the federal government's petition for condemnation of such lands on the grounds that the federal statutes did not authorize the United States to take land already dedicated to a public use for an inconsistent use; and that public cemeteries were not subject to the United States' power of eminent domain. The land was being condemned to effectuate a federal project under the National Industrial Recovery Act and the Federal Emergency Relief Appropriations Act of 1935, and was for public …