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Articles 31 - 43 of 43
Full-Text Articles in Law
Foreign Enforcement Of Actions For Wrongful Death, William H. Rose
Foreign Enforcement Of Actions For Wrongful Death, William H. Rose
Michigan Law Review
Actions for wrongful death have a long history in the common law. Homicide was once a private matter giving rise to the blood feud and later to the wergild, whereby a money substitute replaced private warfare. With the development of criminal law the crown took jurisdiction over all killings. At a time when all felonies carried with them the death penalty, forfeiture of chattels and escheat of lands, the right to sue for wrongful death was scarcely of practical importance. This was especially so since felony included negligent killing, and even an accidental killing required the king's pardon if …
Constitutional Law - New Deal Legislation - Gold Hoarding Statute
Constitutional Law - New Deal Legislation - Gold Hoarding Statute
Michigan Law Review
Two cases involving acts of Congress passed in March 1933 to prevent the hoarding of gold' were denied a review by the United States Supreme Court on October 8. Both of these cases involved the same facts. Plaintiff had delivered certain gold bars to a bank for safe-keeping. Later the bank notified him that, pursuant to an executive order by the President of the United States, it would have to surrender the gold. Immediately the plaintiff demanded the return of the bullion, which demand was refused, and he filed bills for specific performance of the bailment contract against the bank …
Constitutional Law-Strike As Interference With Interstate Commerce
Constitutional Law-Strike As Interference With Interstate Commerce
Michigan Law Review
Whether the federal courts have jurisdiction to apply the mailed fist of the injunction to the settlement of strike disputes sometimes depends on whether the strike is deemed an interference with interstate commerce. Thus, the Supreme Court held in the recent case of Levering & Garrigues v. Morrin that relief must be denied a group of New York structural steel fabricators who sought to enjoin the boycott activities of the iron workers union, because " . . . the sole aim of the conspiracy was to halt or suppress local building operations as a means of compelling the employment of …
Corporations - Dissenting Stockholder's Suit -Conditional Decree
Corporations - Dissenting Stockholder's Suit -Conditional Decree
Michigan Law Review
The directors and majority stockholders of a Minnesota mining corporation which. needed financing were also the directors and majority stockholders of another Minnesota mining corporation which had a large surplus. They decided to consolidate the two in order to finance the one, offering the stockholders of each corporation a share for share exchange, which would result in the stockholders of the unsuccessful corporation having a 9/16 control of the consolidated corporation. Dissenting stockholders, holding 18/100 of 1% of the total stock in the successful corporation, brought a bill to restrain the consolidation and to have a receiver appointed to take …
Constitutional Law--Due Process--Martial Law
Constitutional Law--Due Process--Martial Law
Michigan Law Review
The Texas Railroad Commission ordered a limitation of oil production in the East Texas field. Governor Sterling of that State issued a proclamation declaring martial law in the district and setting forth the existence of "a state of insurrection, tumult, riot and breach of the peace," and sent in troops to enforce the orders of the commission. A temporary injunction was issued restraining the commission's action but the governor continued, through the troops, to limit oil production. Such action was sought to be enjoined in the federal courts. The lower court granted the injunction. The decree was affirmed on the …
Equity-Intervention
Michigan Law Review
A Kansas statute forbids the operation of theatres on Sunday. Appellee obtained an interlocutory injunction restraining "the Attorney General of the State of Kansas, and his subordinates . . . and every other person acting or attempting to act for said defendants" from enforcing the statute. Following this temporary injunction the appellee continued to operate his theatres on Sunday, and when the municipal authorities of Winfield and Eldorado threatened to enforce municipal ordinances prohibiting Sunday shows, the appellee served them with copies of the preliminary order against the attorney general, and warned them that contempt proceedings would be instituted if …
Equity - Supplemental Decrees
Michigan Law Review
Appellant sold a trade name to the appellee which the latter was to use on "crayons, pastels, oil and water color paints, pens and erasers." Appellee used the name on other commodities and the appellant obtained an injunction forbidding the use of the name on any articles not mentioned in the contract. A year later, and in another term of court, the appellant moved for a supplemental decree, representing that the appellee was violating the spirit of the injunction by drafting advertising so that through association of the commodities upon which the name could be used with those upon which …
Licenses - Revocability Of Executed License - Fraud On Licensee
Licenses - Revocability Of Executed License - Fraud On Licensee
Michigan Law Review
Plaintiff and defendant were owners of adjoining city lots. At plaintiff's suggestion they constructed a common driveway, half on each lot, defendant refusing, however, to exchange reciprocal deeds therefor. Plaintiff built his house and garage to conform to the location of the drive. After long-continued use, defendant blocked his half of the drive. Inasmuch as building a new drive entirely on his own land would necessitate expensive structural changes in his house and garage, plaintiff sought an injunction. Held, that plaintiff had only a license, revocable even though acted upon, and that defendant's revocation was not such a fraud …
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Michigan Law Review
Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Articles
It has often been held that a party may obtain a judicial determination of his rights in respect to legislation alleged to be invalid, by means of an application to a court of equity for an injunction restraining the enforcement of the statute. Ex parte Young (1907) 209 U. S. 123, is the leading case of this type. There, a railroad rate statute was involved, which required compliance by all railroad companies in the state, under the threat of heavy penalties. The railroad actually violated the provisions of the statute after an injunction had been obtained by a stockholder restraining …
Nebulous Injunctions, Edgar N. Durfee
Nebulous Injunctions, Edgar N. Durfee
Articles
Injunctive relief is sought against alleged wrongdoing which is merely incidental to the conduct of a legitimate business. The wrong is established and the court is satisfied that an injunction should issue. Yet some nice questions remain as to the scope and terms of the decree.
The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland
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 …
Recent Legal Literature, Henry H. Swan, James F. Tracey, Robert E. Bunker, Floyd R. Mechem, Bradley Thompson, James H. Brewster, Floyd R. Mechem, Horace Lafayette Wilgus
Recent Legal Literature, Henry H. Swan, James F. Tracey, Robert E. Bunker, Floyd R. Mechem, Bradley Thompson, James H. Brewster, Floyd R. Mechem, Horace Lafayette Wilgus
Michigan Law Review
Hughes: Handbook of Admiralty Law; Wilgus: Cases on the General Principles of the Law of Private Corporations; Spelling: A Treatise on Injunctions and Other Extraordinary Remedies; Brannon: A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States; Boone: Real Property Law, 2nd ed.; Abbott and Abbott: The Clerks' and Conveyancers' Assistant; Rose: Notes on the United States Reports; Nichols: Britton: An English Translation and Notes