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Full-Text Articles in Law
Corporations - Rights Of Action By The Representative Of Corporate Creditors - Effect Of Corporate Assent, Edward W. Adams
Corporations - Rights Of Action By The Representative Of Corporate Creditors - Effect Of Corporate Assent, Edward W. Adams
Michigan Law Review
By various acts the directors and officers of a corporation--its agents for the conduct of corporate business--may wrong the corporation or make possible a wrong to the corporation or to the body of corporate stockholders. When the corporation becomes involved in insolvency proceedings, in order to make available to creditors as many assets as possible, the receiver or trustee in bankruptcy determines whether some cause of action will lie to recover damages or property, or whether he may successfully defend to preserve assets. If the corporation itself could have been successful in the litigation, the solution would be easy because …
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Michigan Law Review
Plaintiff sued defendant city for damages caused his land by the continual discharge of raw sewage into the river about one-half mile above plaintiff's land. The pollution rendered the water of the river unfit for domestic use and deleterious to health. Held, that although the plaintiff failed to allege the necessary elements for a tort action against a municipality, under the Washington statute, he stated a valid cause of action for damages under article I, section 16 of the Washington Constitution which states that "No private property shall be taken or damaged for public or private use without just …
Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review
Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review
Michigan Law Review
Plaintiffs sought a permanent injunction against the procurement by defendant. of a judgment upon a workmen's compensation award, on the ground that defendant had obtained the award through the perjured testimony of himself and his witnesses. The false testimony was claimed to be a fraud upon the department of labor and industry as well as upon the plaintiffs. The lower court dismissed the bill as failing to state a cause of action. Held, dismissal affirmed since perjury is an intrinsic fraud, and equitable relief will not be given. Fawcett v. Atherton, 298 Mich. 362, 299 N. W. 108 …