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Full-Text Articles in Law
Torts-Libel-Publication Of Allegations In A Declaration, William H. Buchanan S.Ed.
Torts-Libel-Publication Of Allegations In A Declaration, William H. Buchanan S.Ed.
Michigan Law Review
Defendant published as a news items in its newspaper the fact that the plaintiff had been sued for the alleged alienation of one Emerson's wife, and also printed matter contained in Emerson's declaration. This publication occurred before the alienation suit was tried. Later, a verdict was rendered in that suit in favor of the present plaintiff. The lower court in the libel action decided in favor of the plaintiff. Held, affirmed. The publication of the report of the filing of the action and the charges made in the declaration before any judicial action had been taken was not privileged. …
Trade Restraints--Applicability Of Sherman Act To By-Laws Of News Services, Rosemary Scott
Trade Restraints--Applicability Of Sherman Act To By-Laws Of News Services, Rosemary Scott
Michigan Law Review
The Associated Press is a non-profit association of more than 1,200 publishers. It is incorporated under the laws of New York for the collection, assembly, and distribution of news for the exclusive benefit of its members. The United States charged in an action before a special three-judge district court on a motion for a summary judgement that the news service had violated the Sherman Anti-Trust Act because its by-laws restricted the sale of news to nonmembers and gave each member the power to block the admission to membership of competitors, and because it had a contract with the Canadian Press, …
Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody
Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody
Michigan Law Review
In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …
The Function Of Will Contests, Lewis M. Simes
The Function Of Will Contests, Lewis M. Simes
Michigan Law Review
To anyone steeped in the doctrines of the common law there is something anomalous about the will contest. First, the will is duly admitted to probate in a proceeding which is almost universally conceded to be judicial. Then at a subsequent time a so-called contest is brought by the heir, in which the precise proposition determined on the probate is retried. In most jurisdictions the heir is not bound to make any sort of a showing to entitle him to contest. He need not allege newly discovered evidence. He need not submit any evidence of · fraud or mistake. Indeed, …