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Articles 181 - 205 of 205
Full-Text Articles in Law
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Michigan Law Review
Defendant was convicted of having transported his wife in interstate commerce for the purpose of prostitution in violation of the White Slave Traffic Act. Defendant's wife testified to the various transportations which defendant had made of her and to her practicing of prostitution at their different destinations. Defendant contended that the trial court erred in permitting his wife, over his objection, to testify against him. On appeal, held, affirmed. So far as appellant's rights were concerned, the wife's testimony was competent evidence against him. Shores v. United States, (8th Cir. 1949) 174 F. (2d) 838.
Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed.
Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed.
Michigan Law Review
The recent decision of the Eighth Circuit Court of Appeals in Kistler v. Gingles, that a limited partner under the Arkansas Limited Partnership Act fails to avoid unlimited liability if the terms of the statute are not complied with, illustrates the inherent danger of the limited partnership. This statute, which is typical of the limited partnership statutes antedating the Uniform Limited Partnership Act, provides, in part, for an affidavit by one of the general partners stating that the sums which each limited partner proposes to contribute to the enterprise have actually and in good faith been paid into the …
Alternative Pleading: I, Roy W. Mcdonald
Alternative Pleading: I, Roy W. Mcdonald
Michigan Law Review
The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …
Sales-Criminal Law- Elements Of Unlawful Sale Of Narcotics, Robert W. Shadd
Sales-Criminal Law- Elements Of Unlawful Sale Of Narcotics, Robert W. Shadd
Michigan Law Review
Appellant, known to be peddling morphine, was contacted by a federal narcotic inspector who posed as a prospective purchaser. A price having been agreed upon, appellant permitted the inspector to handle and examine several of the tablets. After stating that he would take the drug, the inspector placed appellant under arrest. From a conviction of selling narcotics in violation of the Harrison Act, appellant appealed. Held, affirmed. A sale of narcotics is not complete without payment of the purchase price or delivery, but the facts here warranted a jury in finding that delivery was made. Barnett v. United States …
Rights Of Finders, Ralph W. Aigler
Rights Of Finders, Ralph W. Aigler
Michigan Law Review
Because the deeply important jurisprudential concept of possession is involved, cases dealing with the problem of finders assume an importance far beyond their practical significance. The recent decision by the Oregon Supreme Court in Jackson v. Steinburg suggests further discussion of the problem, with particular reference to the cases in that state.
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Michigan Law Review
At the present time this nation is greatly concerned over the state of its political health. Advocates of foreign ideologies are asserting their creeds with ever-increasing vigor. The doctrines they propound are generally conceded to be inconsistent with American ideals, and their activity has induced a feeling of alarm, sometimes attended by hostile reaction. There have been instances where this reaction has taken the form of demands that the proponents of these ideas be silenced. In these circumstances, it becomes important to examine the power of state and federal governments to restrict their activities, particularly with respect to the freedom …
Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar
Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar
Michigan Law Review
Petitioner had pleaded guilty to a criminal indictment and was sentenced to prison by an Illinois circuit court. His petition for a writ of habeas corpus, based upon an alleged denial of due process at trial, was denied without hearing. The Illinois Supreme Court in People v. Loftus, decided in 1949, seems squarely to have held that habeas corpus is a proper post-trial proceeding for hearing charges of denial of due process. Since the Illinois Supreme Court does not review habeas corpus proceedings in the circuit court, the United States Supreme Court granted certiorari. Held, remanded to the …
Reel: The Case Of General Yamashita, Michigan Law Review
Reel: The Case Of General Yamashita, Michigan Law Review
Michigan Law Review
A Review of THE CASE OF GENERAL YAMASHITA By A. Frank Reel.
Negligence-Application Of The Rescue Doctrine Where Personal Property Is Involved, Thomas Hartwell
Negligence-Application Of The Rescue Doctrine Where Personal Property Is Involved, Thomas Hartwell
Michigan Law Review
The defendant's servant, while parking the defendant's automobile, negligently failed to secure the brakes. At defendant's request, plaintiff police officer attempted to enter the automobile after it had started to roll, hoping to avert any possible collision. In so doing, he slipped on a stone and was injured. Defendant demurred to plaintiff's complaint on the grounds that the plaintiff was contributorily negligent, as a matter of law, and that the rescue doctrine should not apply where that rescued from peril created by the defendant is not human life or the rescuer's own property. Held, the rescue doctrine was correctly …
Negligence-Proximate Cause-Intervening Act Of Child, John J. Gaskell
Negligence-Proximate Cause-Intervening Act Of Child, John J. Gaskell
Michigan Law Review
In the race track arena of defendant's fairground there were nightly fireworks displays. Three bombs, similar in appearance to ordinary firecrackers, but containing explosives more powerful than gunpowder, had failed to explode on the previous night. They had been wrapped in paper, placed in open wooden crates alongside three exposed bombs, and left unguarded in the arena firing area which was accessible to and traversed by the general public. The plaintiff's older brother, aged thirteen, together with other children between twelve and fifteen years old, had climbed over a fence into the fairgrounds. In compassing the fairgrounds he discovered the …
Wills-Construction-Meaning Of The Phrase ''Nearest Of Kin", Daniel A. Isaacson
Wills-Construction-Meaning Of The Phrase ''Nearest Of Kin", Daniel A. Isaacson
Michigan Law Review
Testator died in 1931, leaving his estate in trust for the life use and benefit of his wife. The will further provided, inter alia, that "Upon the death of my wife, I order and direct my said executor to pay and distribute the one-half of all my said estate unto my nearest of kin in equal shares and to pay and distribute the other half of all my said estate unto the nearest of kin of my wife in equal shares." Testator's wife died in April, 1947. The testamentary trustee filed a petition for construction of the will to determine …
Procedure-Contempt As Sanction To Enforce Delivery In Replevin, John A. Nordberg
Procedure-Contempt As Sanction To Enforce Delivery In Replevin, John A. Nordberg
Michigan Law Review
In a replevin action in a common pleas court the plaintiff, after filing a $200 bond for property later valued at $900, obtained possession of some household goods of the defendant under a fatally defective writ. On motion of the defendant the court dismissed the action and ordered the property returned. On appeal, plaintiff's action was again dismissed and he was directed to return defendant's goods. He ignored the order and was adjudged guilty of contempt. On appeal in the nature of certiorari from this conviction, held, reversed without prejudice. The order was void since the court had lost …
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Charles Myneder
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Charles Myneder
Michigan Law Review
Plaintiff corporation owned and operated oil pipe lines lying wholly within the state of Mississippi. Oil transported through these lines was later pumped into railroad tank cars and shipped out of state. The Mississippi State Tax Commission levied a tax against plaintiff measured by its gross receipts for transporting oil through the pipe lines. The state supreme court sustained the tax, ruling that the operation of the pipe lines was intrastate rather than interstate commerce and that the tax was "merely on the privilege of operating a pipe line wholly within this state as a local activity." On appeal to …
Contracts - Mutuality- Consideration In A "Requirements" Contract, Robert W. Shadd S. Ed.
Contracts - Mutuality- Consideration In A "Requirements" Contract, Robert W. Shadd S. Ed.
Michigan Law Review
Plaintiff, a wholesale liquor distributor, and defendant entered into a contract under which plaintiff agreed to place orders with defendant from time to time for all such wines as it might require under labels bearing plaintiff's own brand or trade name. Defendant agreed to fill these orders for a period of sixteen months, as well as orders for other wines bottled under labels not the exclusive property of plaintiff. As to the latter types of wine, however, plaintiff was expressly left free to purchase from others. When defendant refused to complete orders pursuant to this agreement, plaintiff brought an action …
Discovery-Attorney-Client Privilege-Statements By Client To Insurer Before Attorney Employed, Colvin A. Peterson, Jr. S. Ed.
Discovery-Attorney-Client Privilege-Statements By Client To Insurer Before Attorney Employed, Colvin A. Peterson, Jr. S. Ed.
Michigan Law Review
Plaintiff, suing for personal injuries suffered in an automobile collision, sought discovery of statements made by defendant to his insurer, both before and after an attorney had been employed by the insurer pursuant to its contract with defendant. Defendant contended that such statements were within the attorney-client privilege. On appeal from an order denying discovery, held, affirmed. The statements were intended as a communication by defendant to the attorney ultimately to be retained for him by his insurer, and the insurer was the agent of defendant to transmit the statements to the attorney when selected. Hollien v. Kaye, …
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Michigan Law Review
Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs
Michigan Law Review
H's car, driven by H with W as passenger, collided with D's car as H and W were traveling from their California home to visit relatives in Florida. Both intended to seek employment in Florida and, if successful, to take up residence there. Each had been employed since marriage, their salaries going into a common fund. From this fund the car was purchased and the trip financed. In suit by W and H against D, held, recovery of W denied. Because there was a joint enterprise between W and H, H's contributory negligence was …
Power Of Appointment-Validity Of Exercise Subject To A No-Contest Clause, John J. Gaskell
Power Of Appointment-Validity Of Exercise Subject To A No-Contest Clause, John J. Gaskell
Michigan Law Review
The decedent received under the will of her husband a general testamentary power of appointment over a remainder interest. In her will she exercised the power, providing that any person benefiting under the power who in any manner should institute, encourage, or participate in proceedings for the avoidance of any part of the will should forfeit his right to any benefits from the power or from her estate. Held, exercise of a general testamentary power of appointment subject to a no-contest forfeiture provision is valid. Marx v. Rice, 1 N.J. 584, 65 A. (2d) 48 (1949).
Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer
Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer
Michigan Law Review
The ambitious undertaking of the American Law Institute and the National Conference of Commissioners on Uniform State Laws to draft a "Uniform Commercial Code" includes a proposed revision of the Negotiable Instruments Law. This is not merely an attempt to patch up the present statute. It is virtually a complete rewriting. It includes many changes and additions in substance as well as a radical reorganization and rephrasing of language where no change in substance is designed. · It includes the much needed separation of the provisions relating to investment instruments such as corporate bonds from those relating to bills, checks, …
A Critique Of The New British Monopoly Act, Gerald M. Meier
A Critique Of The New British Monopoly Act, Gerald M. Meier
Michigan Law Review
In 1948 the British Parliament passed the Monopoly and Restrictive Practices (Inquiry and Control) Act. It is instructive to examine this Act against the background of the criticisms and suggestions for improvement which have emerged with sixty years of American anti-trust legislation. Section one of this paper presents some reasons why the measure has appeared at this time. The next section summarizes the Act's provisions. Section three contrasts the British technique of monopoly control with the American and considers whether the different approach is likely to avoid the debilities which have become evident in the American legislation.
Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.
Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.
Michigan Law Review
Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying …
Keeney: Judgment By Peers, Michigan Law Review
Keeney: Judgment By Peers, Michigan Law Review
Michigan Law Review
A Review of JUDGMENT BY PEERS. By Barnaby C. Keeney.
Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir
Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir
Michigan Law Review
From 1924 until 1948 plaintiff and her family were in apparent, open and continuous possession of a portion of defendant's lot, without permission, and with the intent to exclude the defendant and all others from possession. Although plaintiff and her family constructed a lawn, gardens, steps and parking space on the premises, the court found that such use was "an incident to her occupancy of the house" on the adjoining lot, and was without any separate claim of title. In 1948, defendant entered and began excavating for the foundation of a house. Plaintiff sought an injunction and damages, resting her …
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler
Michigan Law Review
As a result of a river's change in course, an old Indian canoe buried on certain land was exposed. While swimming in the river, plaintiffs discovered the canoe and told defendant about it. The latter excavated and removed it. The land had been owned by H, who had died many years ago, devising it to his wife for life and then in fee to his daughter. Plaintiffs, intending to exhibit the canoe, paid the wife and her sons ( who had been farming the land) a sum of money for it. In a replevin action, the daughter intervened. Held …
Wills-Holographic-Evidence As To Testamentary Intent, Alan P. Goldstein S. Ed.
Wills-Holographic-Evidence As To Testamentary Intent, Alan P. Goldstein S. Ed.
Michigan Law Review
The deceased had in her possession, at the time of her death, an envelope entitled 'Will of Ella McNair." The envelope contained three separate sheets of paper dated some nineteen months prior to Ella's death, upon which was written, entirely in the hand of the deceased, what purported to be a will. The document opened with the statement "I, Ella McNair . . . do hereby make my last will." The exordium was followed by fifteen specific bequests, and then the writing ended abruptly at the middle of the back of the third sheet. At the top of the second …