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Full-Text Articles in Law

Judges-De Facto Judges, J. R. Swenson S.Ed. Jun 1948

Judges-De Facto Judges, J. R. Swenson S.Ed.

Michigan Law Review

In 1947, the Arkansas legislature created an additional division in the First Chancery Circuit and provided that the office be filled until the next general election by Ruth F. Hale, the then Master of Chancery in that circuit. In Arkansas, divorce is an equitable proceeding, and from the date of her appointment, Chancellor Hale had granted an estimated 1,750 divorces. Defendant appealed a divorce decree granted by Chancellor Hale alleging it to be void. Held, decree vacated. Three judges dissented. Howell v. Howell, (Ark. 1948) 208 S.W. (2d) 22.


Eshheat-Bona Vacantia-Right Of State To Claim Unclaimed Royalty Payments Of A Corporation, N. S. Peterman Jun 1948

Eshheat-Bona Vacantia-Right Of State To Claim Unclaimed Royalty Payments Of A Corporation, N. S. Peterman

Michigan Law Review

The State of Arkansas brought suit against defendant to recover "various moneys, rents, royalties, credits, and other personal property, which had been unclaimed, forgotten, abandoned, or otherwise lost by-various persons," and which were allegedly in the possession of defendant. The state, not knowing who the previous owners were, submitted interrogatories to defendant which were designed to discover exactly what was in defendant's possession, and who had been the last known owners thereof. The state based its claim on the statutes and on the common law doctrine of bona vacantia. Defendant's demurrer was sustained. On appeal, held, affirmed. The state …


Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler May 1948

Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler

Michigan Law Review

Plaintiff, a tax assessor, sought to recover salary claims against a county, contending that compensation was payable under an act passed by the General Assembly but vetoed by the governor. An entry in the House journal reported delivery of the bill to the governor on March 5. The Assembly adjourned March 13, and the governor vetoed the bill March 28. An official receipt dated March 10 had been given for the bill by the governor's office. The Arkansas Constitution gives the governor five days within which to approve or disapprove the bill. If he fails to act, the bill becomes …