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Full-Text Articles in Law
Practice And Procedure - Substituted Service Of Process
Practice And Procedure - Substituted Service Of Process
Michigan Law Review
A statute provided for substituted service of process on a defendant "by leaving a copy thereof at his usual place of residence with some member of his family over fourteen years of age." Held, a maid with no definite term of employment is not a member of the family upon whom substituted service may be made under the provisions of the statute. Thompson v. Butler, (Iowa 1932) 243 N. W. 164.
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Michigan Law Review
Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …
Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly
Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly
Michigan Law Review
The effect of the holding of the Sanders case is of special interest at the present time because of the large number of recent bank failures. This decision may possibly result in former stockholders of Illinois state banks and the heirs of former stockholders being subjected to an assessment on stock that was disposed of several decades ago. The holding is applicable only to state banks, since national banks are not subject to state regulation. It would not be surprising if this Illinois holding should be followed in Nebraska, since the latter state has already based some of its rulings …
Pleading - Last Clear Chance
Michigan Law Review
Plaintiff was riding a bicycle on a bridge. Defendant, towing a truck, sounded his horn and plaintiff drove to the left while defendant passed, but was struck by the truck. The judge charged that if defendant was travelling at an excessive rate of speed, and injury resulted from that cause, plaintiff could recover although negligent. Held, reversed, on the ground, among others, that the instruction as to least clear chance was not supported by any pleading. Steele v. Brada et al. (Iowa 1931) 239 N. W. 538.
Crimes - Procedure - Indictment - Included Offense
Crimes - Procedure - Indictment - Included Offense
Michigan Law Review
Defendant was indicted for burglary with intent to commit larceny. The jury found him guilty of larceny. Held, reversed, burglary not being a compound felony including larceny. State v. Henderson (Iowa 1931) 239 N. W. 588.
Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street
Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street
Michigan Law Review
In driving his automobile plaintiff approached a "stop" street and stopped his car as required by law; he then entered the intersection and collided with defendant's car, which approached from plaintiff's left on the "through" street. On the trial of an action for the resulting damage the court instructed the jury that the vehicle on the through street "shall have right of way over all other vehicles approaching or traveling upon all streets intersecting said designated boulevard." Held, such instruction is erroneous, for the ordinance did not give the traveler on the through street right of way over cars …
Trial Practice - Questioning On Voir Dire As To Relation To Insurance Company
Trial Practice - Questioning On Voir Dire As To Relation To Insurance Company
Michigan Law Review
Plaintiff's counsel was permitted, over the objection of defendant's counsel, to ask on voir dire examination whether the jurors or the members of their families were stockholders in any insurance company. Held, proper under the circumstances, there being no showing of want of good faith, or persistent course or effort to impress on the jury that the defendant's liability was insured. Raines v. Wilson (Iowa, 1931) 239 N. W. 36.
Banks And Banking - Joint Deposits
Banks And Banking - Joint Deposits
Michigan Law Review
Funds originally belonging to the wife were deposited in a joint account for the husband and wife, it being stipulated that the money was to be withdrawn upon the order of both, and that, upon the death of either, the survivor should have an absolute right to the balance. The husband died and his administrator brought an action to recover one-half of the funds. Held, the money belonged to the wife on any theory of the case which might be developed. Hollingsworth v. Hollingsworth (Iowa 1931) 235 N.W. 726.