Law Commons^™

Evidence - Search And Seizure - Standing To Suppress Evidence Obtained By Unconstitutional Search And Seizure, Robert C. Casad S.Ed.

Michigan Law Review

The most radical departure of the new California doctrine from federal precedents, however, lies in the rejection of the requirement of "standing" which the federal courts have always imposed. In People v. Martin the California court announced its willingness to permit any criminal defendant to move for the exclusion of evidence obtained by unreasonable search and seizure -regardless of whether it was his premises that were searched or his property that was seized.

Rejection of the requirement of standing by this outstanding court calls for a re-evaluation of the requirement as it is imposed in every other jurisdiction that observes …

Admiralty - Collision - Duty Of Third Vessel To Give Warning, Michael Scott

Michigan Law Review

Washington, a private merchantman proceeding north at night through a large United States Navy formation steaming west, received no warning from formation commanders that Ruchamkin, an escort, was rejoining from the east. Uninformed of Washington's presence and ordered to resume station expeditiously, Ruchamkin entered the formation at high speed. Despite late radical maneuvers upon discovery of Washington close aboard, Ruchamkin was struck by the latter's bow with resulting damage to both ships. On reciprocal libels, held, decree for Washington's owner. In addition to Ruchamkin's failure to anticipate Washington, the United States was negligent in that the …

Corporations - Securities: Regulation - Parent Corporation As Insider Realizing Shortswing Profit, Allan L. Bioff

Michigan Law Review

Parent corporation, owning a majority of the outstanding voting securities of its subsidiary, sold 120,000 shares of the subsidiary's common stock. A substantial shortswing profit was realized on 4115 shares which had been purchased on the open market five months earlier. The sale, whereby the parent was to divest itself of control of its subsidiary, was made pursuant to an agreement between both companies and approved by a majority of the voting stock of each. Section 16 (b) of the Securities Exchange Act of 1934 provides that officers, directors and beneficial owners of more than ten percent of any class …

Corporations - Stockholders - Availability Of Federal Remedy As Basis For Denial Of Attorney Fees In Derivative Action, Jerome Prewoznik

Michigan Law Review

Defendants were directors of Merritt, Chapman and Scott Corporation and of Montgomery Ward & Co., Inc. simultaneously. Plaintiff, a stockholder in Merritt, instituted a derivative suit to compel the resignation of defendants from their positions with Ward on the ground that an interlocking directorate existed making Merritt subject to criminal and civil prosecution under federal law. Defendants resigned before judgment. Plaintiff, arguing that its suit was the cause of the resignations and that Merritt was thereby benefited, moved for an award of counsel fees to be assessed against Merritt. Held, application for counsel fee denied. Plaintiff could have achieved …

Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed.

Michigan Law Review

In two recent New York cases churches sought permits to use residential property for church purposes, including worship, social gatherings, construction of an adjacent parking lot, and, in one case, establishment of a school and playground. In each case the zoning board denied the permit on grounds that a church would change the residential character of the neighborhood, decrease the enjoyment of neighboring property, depreciate property values, and that the contemplated use of the property for other than worship was prohibited by the ordinance. The lower court upheld the decisions of both zoning boards. On appeal to the New York …

Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich

Michigan Law Review

The plaintiff, an infant, fell from the back porch of an apartment leased by his parents from a housing authority. The plaintiff brought actions for negligence against the architect who designed the dwelling, the builder who constructed it, and the housing authority which leased it, alleging that the back porch was so designed and constructed as to create a dangerous condition for the users thereof. The trial court dismissed the complaints against the builder and the architect. On appeal, held, reversed. Despite the lack of privity between the builder and the architect and the plaintiff, a good cause of …

Torts - Unauthorized Autopsy - Non-Survival Of Action, Lee H. Snyder

Michigan Law Review

Plaintiff's husband was struck and killed by a motorbus owned and operated by defendant municipality. The body was removed to a hospital maintained by defendant. Subsequently, at the request and direction of a physician employed by defendant, an autopsy was performed, apparently to determine whether the deceased had been drinking. During the examination certain organs were removed and destroyed. Plaintiff brought an action for damages on the ground that the mutilation was done without her consent and in violation of her legal right to the possession of the body. Plaintiff died while the action was pending, and her administrator continued …

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …

Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.

Michigan Law Review

Petitioners paid money to respondent for prospective passage to Europe on his passenger vessel held out as a common carrier. When respondent failed to make the voyage or return the passage money, petitioners sued in admiralty for breach of contract. The libel was in the nature of indebitatus assumpsit for moneys had and received and wrongfully withheld by respondent. The district court held this an action based upon the breach of a maritime contract and therefore within the admiralty jurisdiction. The court of appeals reversed, on the ground that the action was in the nature of the common law indebitatus …

Corporations - Stockholder's Suit - Necessity Of Demand On Other Stockholders In Derivative Action, John C. Dowd

Michigan Law Review

In two related cases, a holder of common stock brought a derivative suit against the directors of his corporation claiming their illegal acts had deprived the corporation of assets. On defendants' motion to dismiss and for summary" judgment, held, judgment for the defendants. Plaintiff's failure to allege either that he had presented his claim to the stockholders at a stockholders' meeting or that a majority of the stockholders' votes were under the control of the directors defeated his action. Carroll v. New York, New Haven & Hartford R.; Glenmore v. Alpert, (D.C. Mass. 1956) 141 F. Supp. 456.

Taxation - Federal Income Tax Deductibility Of Interest On Debentures Issues As A Dividend, Jules M. Perlberg

Michigan Law Review

Taxpayer, a wholly-owned subsidiary corporation, had filed consolidated returns with its parent prior to 1934. When Congress abolished consolidated returns in that year, the subsidiary issued 6% debentures as a dividend to the parent company and subsequently deducted the interest paid on these bonds. The Commissioner claimed the interest payments were really dividends and were not deductible. The Tax Court upheld the Commissioner pointing out the tax-saving motive, absence of new investment, and parent-subsidiary relationship as factors indicating that no genuine debtor-creditor relationship existed. On appeal, held, reversed. The debentures involved were conventional in form and created a valid …

Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day

Michigan Law Review

The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …

Wills - Construction - Conditional Wills, Richard Rosenthal

Michigan Law Review

Testator executed a holographic will immediately prior to departing on an intended journey abroad. The will, making a friend and creditor his sole beneficiary, provided, "This is my will if I should die on this my trip to India You are my sol heiress." Although the trip was postponed, it was never abandoned. Testator subsequently repaid a substantial part of his debt to the beneficiary. Soon thereafter, testator died without having made the journey. His will was contested by his widow and brother. On remand to the surrogate's court from the court of appeals, held, the will is conditional …

Administrative Law - Judicial Control - Veterans Administration's Findings Of Law And Fact Are Not Conclusvie In Government's Suit To Recover Sums Allegedly Due From Veteran, James M. Porter S.Ed.

Michigan Law Review

An action was brought by the United States to recover sums of money paid to a veteran as an employment readjustment allowance. It was claimed that the defendant was not entitled to the money because of his misstatement of earnings. Prior to this action, an administrative finding that the defendant had knowingly received the allowance contrary to law and was obliged to return it was approved by the Administrator of Veterans' Affairs. The government maintained that section 705 of the Servicemen's Readjustment Act required that the administrator's findings of law and fact be conclusive and binding on the court. The …

Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.

Michigan Law Review

Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant's motion to order the government to produce for defendant's inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Trusts - Jurisdiction - Trustee And Trust Assets Outside Jurisdiction Of Forum, Richard J. Riordan

Michigan Law Review

The purpose of this comment is to examine these rationales and determine their validity--first as to testamentary trusts and then as to inter vivos trusts.

Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss

Michigan Law Review

In order to operate in interstate commerce, motor carriers must obtain a certificate of public necessity and convenience from the Interstate Commerce Commission and must obey the Interstate Commerce Act. However, motor vehicles used in carrying " . . . agricultural . . . commodities (not including manufactured goods) . . ." may operate free of the act. The commission on its own initiative investigated the meaning of the term "agricultural commodities," and after two years published a seventy-one page list classifying certain commodities as within or not within the exemption. Petitioner, an interstate trucker of various commodities listed as …

Agency - Apparent Authority - Liability Of Corporation On Unauthorized Note Of General Manager, Thomas A. Troyer

Michigan Law Review

Welch, the general manager, executive vice-president, treasurer, and director of petitioner corporation, requested that respondent, a salesman employed by the corporation, loan petitioner $25,000. Respondent complied, and Welch executed and delivered to respondent a note for the amount of the loan, signed by himself as vice-president and treasurer. After Welch had appropriated the money to his own uses, respondent obtained a judgment by confession against petitioner on the note. On trial of a petition to open the judgment, held, dismissed. Welch had acted with apparent authority in giving respondent petitioner's note, respondent had reasonably relied upon this appearance in …

Corporations - Ultra Vires Act - Effectiveness Of Action By Informal Meeting Of Board Of Directors, Guy Maxfield

Michigan Law Review

Defendant insurance company issued a policy on the life of the president of plaintiff corporation with the corporation named as beneficiary. The president, his wife in the capacity of secretary-treasurer, and son were the sole stockholders of the corporation. Pursuant to a divorce agreement between the president and his wife, a part of the insurance policy was assigned to the wife at an informal board of directors' meeting with the concurrence of the wife and son. The president died and his stock was sold to the present stockholders. The corporation then sued the insurance company to collect the full amount …

Torts - Guest Statute - Carpools, Ross Kipka S.Ed.

Michigan Law Review

Plaintiff, a passenger, and defendant's decedent, the driver on the day in question, were two of six members of a carpool, each of whom drove every six.th day from the town where they all lived to the place of their common employment, thereby effecting a saving to each of approximately five dollars per week. As a result of a collision due to ordinary negligence of the driver, plaintiff was injured and sued for damages, alleging that he was not a guest passenger. The court submitted to the jury the question of whether plaintiff was a passenger for hire or a …

Torts - Misrepresentation - Knowledge Of Falsity Unnecessary, Gerald D. Rapp

Michigan Law Review

Defendant, a real estate broker, while showing plaintiffs a house which they subsequently purchased told them that the walls of the house were of tile construction with imitation stone on the outside. Defendant reasonably believed this to be true, although the walls actually had been cleverly constructed of earth, clay, and straw with a plaster covering on the inside and a tarlike preparation on the outside covered with a thin veneer of imitation stone, completely concealing their true nature. Purchasers brought an action, on the theory of deceit, against the broker to recover damages. A jury verdict for plaintiffs was …

Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.

Michigan Law Review

Plaintiff, a minor, sustained injuries in a collision which occurred while he was riding in a car owned and driven by defendant, his father. The complaint alleged that defendant was guilty of willful and wanton misconduct, consisting of speeding on a wet road on a foggy night and of running a stop light. A motion to dismiss on the ground that the suit was contrary to public policy was sustained. On appeal, held, reversed. The doctrine of parental immunity is inapplicable to cases of willful and wanton misconduct. Nudd v Matsoukas, (III. 1956) 131 N.E. (2d) 525.

Wills - Execution - Attestation, Max H. Bergman

Michigan Law Review

Prospective witnesses to a will saw the testatrix standing in an adjoining room engaged in writing. Soon thereafter, the testatrix asked them to come in and sign a paper. Her name had already been written on the document, and she neither signed it in the witnesses' presence nor in any manner indicated the writing to be her will. The witnesses read enough of the document, however, to know it was a will, before subscribing it in the presence of the testatrix and one another. Three of the testatrix' sons objected to the probate of the will on the ground that …

Workmen's Compensation - Requirement Of Causal Connection Between Employment And Injury, Thomas S. Erickson S.Ed.

Michigan Law Review

Plaintiff-employee was compensated for injuries received when she slipped on a patch of ice and fell on defendant-employer's premises while going from her work to eat lunch in defendant's cafeteria. On appeal, held, reversed. At the time of the injury plaintiff was not rendering any service to her employer. There was no causal connection between employment and injury, and the injury did not arise out of and in the course of her employment as required by statute. Mack v. Reo Motors, Inc., 345 Mich. 268, 76 N.W. (2d) 35 (1956).

Schwartz: The Code Napoleon And The Common Law World, J. G. Castel

Michigan Law Review

A Review of The Code Napoleon and the Common Law World. Edited by Bernard Schwartz.

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

Garcia-Mora: International Law And Asylum As A Human Right, Alona E. Evans

Michigan Law Review

A Review of International Law and Asylum as a Human Right. By Manuel R. Garcia-Mora.