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Articles 8191 - 8220 of 10564
Full-Text Articles in Law
Courts Rule - Making Power, Peter S. Boter
Courts Rule - Making Power, Peter S. Boter
Michigan Law Review
A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to …
Torts - Proximate Cause -Remoteness Of Damage, Michigan Law Review
Torts - Proximate Cause -Remoteness Of Damage, Michigan Law Review
Michigan Law Review
The plaintiff brought an action for damages to his realty, alleging that the murder of his sister-in-law, on his property, by the defendant's decedent, induced numerous curiosity seekers to trespass on his land to view the scene of the crime. Held, the defendant's demurrer was sustained, for the damages were too remote. Koontz v. Keller, 52 Ohio App. 265, 3 N. E. (2d) 694 (1936).
Air Law - Legal Status Of Airplane Flight, Philip A. Hart Jr.
Air Law - Legal Status Of Airplane Flight, Philip A. Hart Jr.
Michigan Law Review
The classical statement of the extent of the landowner's right to the air space above his land is the maxim, Cujus est solum ejus est usque ad coelum. It is recognized, however, that decisions stating such a rule are not in point upon the status of air navigation today, for when those decisions were rendered flights were made in fancy only. Hence it is that all cases deciding this modern problem have disregarded the literal meaning of this maxim and tried to strike a compromise between the claims of air navigation and the claims of ownership. Three theories have …
The Non-Recognition Law Of The United States, Kimon A. Doukas
The Non-Recognition Law Of The United States, Kimon A. Doukas
Michigan Law Review
We speak of nations as being equal, independent and sovereign within the fixed confines of their physical boundaries. As aptly stated by our Supreme Court, in the civilized world of today, "Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory."
Trust Mortgages -- Construction Of No-Action Clause, William J. Isaacson
Trust Mortgages -- Construction Of No-Action Clause, William J. Isaacson
Michigan Law Review
Plaintiff, a trustee under a trust indenture securing two issues of defendant company's bonds, sought to recover a partial summary judgment for interest, premiums, and principal on the series of bonds then due. Defendant company conceded that the sums claimed were overdue and unpaid, but contended that the real right of action on the bonds was vested in the bondholders. The bonds on their face made a reference to the trust indenture for a description of the rights of the holders. The bonds further contained a stipulation that, except as otherwise provided for in the trust indenture, all rights of …
Conditional Wills, Alvin E. Evans
Conditional Wills, Alvin E. Evans
Michigan Law Review
The discovery of what the language of a testator means is a constant duty of the courts. The task in the case of wills conditional in form frequently is to inquire whether the conditional language is merely formal and used by way of inducement or is intended to be taken literally. Clear cut and uniformly dependable tests as guides to such inquiry do not exist.
Insolvency-The Co-Debtor As A Factor In Distribution, Fred T. Hanson
Insolvency-The Co-Debtor As A Factor In Distribution, Fred T. Hanson
Michigan Law Review
The problems in distribution peculiar to claims upon which another is liable with the insolvent have received little critical analysis in judicial decisions. This is largely because the chancery rule, governing the treatment of lienors, is widely accepted as the solution in every instance where one creditor has an exclusive resource from which he may obtain payment wholly or in part.
Banks And Banking - Countermand Of Bank Drafts, Michigan Law Review
Banks And Banking - Countermand Of Bank Drafts, Michigan Law Review
Michigan Law Review
Plaintiff purchased of defendant bank its draft on a correspondent bank, made payable to the order of the plaintiff, who indorsed it to a third party in part payment on a contract. Six days later, deciding that the contract was tainted with illegality, plaintiff requested defendant bank to stop payment on the draft. Defendant refused to do so unless the plaintiff posted a bond. A few days later the draft was paid. Plaintiff sought damages for defendant's refusal. Held, that although defendant bank could have countermanded the draft if it so chose, it was under no duty to do …
Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann
Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann
Michigan Law Review
Plaintiff sued for damages for breach of promise to marry and seduction, after the enactment of a New York statute which abolished such causes of action. The court held for the defendant, basing its recognition of the validity of the statute on the ground that the legislature has plenary power to deal with the subject of marriage. Fearon v. Treanor, 272 N. Y. 268, 5 N. E. (2d) 815 (1936).
Fixtures - Gasoline Station - Rights Of Tenant To Remove, Michigan Law Review
Fixtures - Gasoline Station - Rights Of Tenant To Remove, Michigan Law Review
Michigan Law Review
Defendant leased a vacant lot from the plaintiff for a three-year period, to use as a gasoline station site. The lease, a filled-in printed form, supplied and drawn up by the defendant was silent as to which of the parties would erect the building, but stipulated that the lessee agreed to keep the premises, including equipment and fixtures of every nature, in good repair, would insure them, and at the end of the term "yield and deliver up the same in like condition as when taken." It also provided that the lessor would rebuild in the event of fire. Defendant …
Judges - De Facto Judge - Special Judge Holding Over After Term Of Assignment Expires, Michigan Law Review
Judges - De Facto Judge - Special Judge Holding Over After Term Of Assignment Expires, Michigan Law Review
Michigan Law Review
A district judge, specially assigned to a court other than his own for a term of one week, continued to hold the position after the period had expired under the belief that his assignment covered a longer period, and tried this case after the expiration of the one week period. All attorneys, assuming that the assignment covered a longer period, acted in the case without objection to the judge. The parties did not specifically agree upon him as a special judge. After verdict for defendant, plaintiff moved to vacate. Held, the judge was a de facto judge, and his …
Taxation - Exemption Of Federal Instrumentality -Property Of A Governmental Agency Used For Non-Governmental Purpose, Virginia M. Renz
Taxation - Exemption Of Federal Instrumentality -Property Of A Governmental Agency Used For Non-Governmental Purpose, Virginia M. Renz
Michigan Law Review
Oklahoma attempted to tax property used by the lessee of restricted Indian land in producing oil and gas. It was argued that the property was not taxable because the lessee was a federal instrumentality, and Congress had not consented to its taxation. Held, property is not exempt from a non-discriminatory ad valorem state tax merely because it is the property of a federal instrumentality. There should be no exemption unless the taxation imposes a direct burden upon the exertion of a federal governmental power. Taber v. Indian Territory Illuminating Oil Co., (U. S. 1937) 57 S. Ct. 334.
Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review
Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review
Michigan Law Review
Defendant, driving an automobile at night on a new highway in process of construction, turned therefrom on to the old road with which he was familiar, at such a speed and angle that his headlights did not immediately reveal the condition thereof; the car struck a lantern-marked depression in the road, caused by the excavation by the defendant construction company for a culvert, whereupon the defendant driver lost control, overturning the car, with resultant serious injuries to the plaintiff passenger. From a directed verdict for the defendant construction company, a refusal of the defendant driver's motion for judgment non obstante …
Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay
Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay
Michigan Law Review
Recent decisions involving the constitutional validity of the first and second Frazier-Lemke Acts have again raised the old spectre of due process. The questions involved related to the power of the Federal Government to regulate the rights, duties, and liabilities existent between debtors and creditors in the field of farm mortgages under the bankruptcy power. To forego an extended discussion of the history of due process as a limitation on governmental fiat, let it suffice to say that the concept, which began with Magna Carta ran through early definitions in the United States limiting it to procedural matters and attempts …
International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton
International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton
Michigan Law Review
The control which a littoral state may exercise over the adjacent sea has never been the subject of complete agreement among the nations of the world. Inability to agree and resulting confusion have arisen in many instances from a failure to distinguish between a claim of control over a definite strip of adjacent water, often spoken of as "territorial waters," analogous to the control exercised on land and a claim that, for the well-being of the littoral state, control for limited and specific purposes may be extended beyond these territorial waters. The most obvious example of this latter type of …
Adverse Possession - Tacking Possessions Of Land Not Included In Deed - Michigan Rule, Michigan Law Review
Adverse Possession - Tacking Possessions Of Land Not Included In Deed - Michigan Rule, Michigan Law Review
Michigan Law Review
By agreement with plaintiffs' predecessor in title, defendants' grantor set out a hedge on what both parties believed to be the true dividing line between their respective lots but which was in fact seven feet south of the true line. Defendants' grantor occupied the strip up to the hedge for ten years and then sold the lot to defendants, at the time of sale pointing out to them the piece of property believed to be the lot he was selling. He delivered possession and a deed which did not include the seven-foot strip within its calls. Six years later plaintiffs …
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Michigan Law Review
A statute of California forbade the transportation of automobiles from without the state for the purpose of sale within or without the state unless there be attached to each vehicle a special permit issued by the State Motor Vehicle Department, for which a fifteen dollar fee was exacted. A suit was brought to restrain state officers from enforcing this statute. Held, the statute imposed an unconstitutional burden upon interstate commerce. Ingels v. Morf, (U.S. 1937) 57 S. Ct. 439, affirming (D. C. Cal. 1936) 14 F. Supp. 922.
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Michigan Law Review
The defendant was indicted for assisting in the conduct of a meeting which was called under the auspices of the Community Party, an organization advocating criminal syndicalism. The statute defined criminal syndicalism as "the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution," and described a number of offenses, including the presiding at, or the assisting in, the conduct of a meeting of an organization advocating criminal syndicalism as defined in the act. The state court upheld the indictment under a construction of …
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Michigan Law Review
The status of the fireman or policeman who enters on the land of another in the performance of duty, under a right conferred by the law, has quite generally been held to be that of a licensee, to whom the landowner owes no greater duty than to refrain from wilful, wanton misconduct. This places such visitors in the second group of the usual classification, which designates persons present on the land of another as trespassers, licensees (bare licensees, gratuitous licensees, social guests), and invitees (business visitors) . A recent case so holding is Aldworth v. F. W. Woolworth Co., …
Corporations - Ratification Of Unauthorized Withdrawal Of Funds By An Officer Of A Corporation, Walter Probst Jr.
Corporations - Ratification Of Unauthorized Withdrawal Of Funds By An Officer Of A Corporation, Walter Probst Jr.
Michigan Law Review
The president of a corporation withdrew funds from the corporation with which to purchase stock for his own personal benefit. He used this money so as to save the brokerage cost of his securities. A great deal of the money was repaid a few days after its withdrawal. The board of directors, discovering these activities, approved all past actions and present loans of the president. Held, the attempted ratification by the board of directors did not relieve the president from his duty of accounting for the profits realized on the stock purchased with the funds, since there had not …
Libel And Slander - Qualified Privilege - Fair Comment - Bona Fide Misstatement Of Fact, Michigan Law Review
Libel And Slander - Qualified Privilege - Fair Comment - Bona Fide Misstatement Of Fact, Michigan Law Review
Michigan Law Review
A newspaper publisher reported in his papers the filing by a certain person, with executive officers of the United States, of charges that a federal employee had removed certain documents from files over which he had supervision. The filed charges were "greatly enlarged and embellished upon" by the publisher, so that the statements made in the paper amounted in themselves to charges by the publisher against the employee. There were no allegations of malice in the subsequent suit by the employee against the publisher. Held, that the right of fair comment upon matters of public interest does not extend …
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Michigan Law Review
As a direct result of the defendant's negligence, "plaintiff fell and sustained injuries including a fracture of the pubic bone. Ten months later, knowing that she could not walk unassisted because the bone had not knit, plaintiff attempted to do so, fell and refractured the bone. Held, that plaintiff's negligence, found as a matter of law, was an "efficient intervening cause" making the defendant's negligence remote as to the aggravation of the injury. S.S. Kresge Co. v. Kenney, (App. D. C. 1936) 86 F. (2d) 651.
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Michigan Law Review
The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.
Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt
Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt
Michigan Law Review
A Connecticut statute provides: "No building constructed as . . . a tenement house shall be occupied . . . until the issuance of a certificate . . . that said building conforms . . . to the requirements of this chapter . . . . " (Section 2592.) It is further provided (Section 2593): "If any building . . . be occupied . . . in violation of the provisions of section 2592, during such unlawful occupation no rent shall be recoverable by the owner or lesee . . . and no action or special proceedings shall be maintained …
Taxation - Income From Sale Of Goods Within The United States, Michigan Law Review
Taxation - Income From Sale Of Goods Within The United States, Michigan Law Review
Michigan Law Review
The commissioner of internal revenue assessed income and profits taxes against a Mexican corporation for its sales of oil to domestic buyers under the provisions of section 2 33 (b) of the Revenue Acts of 1918 and 1921. The statutes taxed income from the "sale" of personal property "within the United States." The commissioner contended that the essential character of the transaction-the contract of sale-is the decisive factor in determining the place of sale for this purpose. Since the contracts were made here and called for payment at the offices of the seller's agents in this country, the sales occurred …
Trusts -Tracing Principles Applicable Where Funds Of Two Or More Cestuis Are Wrongfully Commingled, Michigan Law Review
Trusts -Tracing Principles Applicable Where Funds Of Two Or More Cestuis Are Wrongfully Commingled, Michigan Law Review
Michigan Law Review
Public funds of a school district, of the village of Vassar, and of ten other municipalities were deposited in defendant bank without securing the deposit bond required by statute. After defendant bank had been declared insolvent, the school district intervened and sought to have the amount of its deposit impressed upon the cash assets of the bank as a trust, on the ground that the bank became a trustee ex maleficio. The total of the illegal deposits was greater than the cash on hand and the credits established in solvent correspondent banks at the time the receiver took over the …
Corporations - Power Of Attorney To Transfer Stock On The Books Of The Corporation, Royal E. Thompson
Corporations - Power Of Attorney To Transfer Stock On The Books Of The Corporation, Royal E. Thompson
Michigan Law Review
Although a power of attorney to transfer stock on the books of the corporation is found almost as a matter of course on the reverse side of stock certificates, along with a form for assignment of the certificate, there is surprisingly little to be found in the authorities, as to why it is there. An inquiry into the reasons, if any, for such a provision is the purpose of this discussion. A decision of last summer, by the New York Supreme Court, New York County, lends present emphasis to the query. Three certificates of stock which had been indorsed in …
Trade - Marks And Trade Names - Effect Of Word - Mark Acquiring A Descriptive Connotation, Grover C. Grismore
Trade - Marks And Trade Names - Effect Of Word - Mark Acquiring A Descriptive Connotation, Grover C. Grismore
Michigan Law Review
One of the principal stumbling blocks in the way of the development of a consistent and satisfactory theory of trade-mark protection has been the anomalous distinction that has always been made between the so-called technical or common-law trade-mark, and the non-technical mark or tradename. This distinction, as has been pointed out previously in this Review, grew somewhat accidentally out of the supposed limitations on the jurisdiction of equity. Some of the earliest trade-mark cases proceeded on the theory that to justify the intervention of a court of equity, when the defendant was not shown to have been guilty of …
Powers - Execution By A Residuary Clause, Herman J. Bloom
Powers - Execution By A Residuary Clause, Herman J. Bloom
Michigan Law Review
A testator devised all his property in trust; he instructed the trustees to purchase a residence for his wife and gave her the general power to appoint by will, both with respect to this proposed residence and with respect to a sum of money from the testator's estate, the aggregate amount being $20,000. The trustee purchased a 25-foot lot and the wife purchased 8 1/ 3 feet of an adjoining lot. At the request of the wife, the trustees erected a two family residence, the main part of the building being on the 25-foot lot, but the eaves and one …
Basic Monetary Conceptions In Law, Arthur Nussbaum
Basic Monetary Conceptions In Law, Arthur Nussbaum
Michigan Law Review
While in various periods of American legal history American courts have been confronted with problems of a monetary character, the importance and multiplicity of these questions have never been more strongly felt than within the last few years, and there is certainly no indication that this situation will change in the near future. The jural difficulties arising from monetary troubles are unusual, not only because of their financial and social implications, but also because of their theoretical intricacies. No wonder, therefore, that arguments advanced by courts in cases of a monetary nature are very often highly unsatisfactory. Again and again, …