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1948

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Full-Text Articles in Law

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed. Dec 1948

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.

Michigan Law Review

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …


Mortgages--"Depression Jurisprudence" --Remaining Effects In Statutory Law, John F. Buchman, Iii S.Ed. Dec 1948

Mortgages--"Depression Jurisprudence" --Remaining Effects In Statutory Law, John F. Buchman, Iii S.Ed.

Michigan Law Review

Periods of economic depression, to a far greater degree than more prosperous times, bring into sharp conflict the competing interests of debtor and creditor. This conflict becomes especially apparent in the field of mortgage law. The mortgagee-creditor wants to enforce payment of the debt according to the terms of the contract, taking advantage of the security for which he bargained. The mortgagor-debtor is anxious to protect, if possible, his own investment in the mortgaged property. Because of the vast number of cases which occurred during the 1930's in which it appeared unduly harsh and inequitable to accord mortgagees their traditional …


New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed. Dec 1948

New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.

Michigan Law Review

Whether or not testimony of a juror is admissible for the purpose of setting aside a verdict is a question upon which the cases are in conflict. Much of the contrariety of opinion is due to a failure of courts to distinguish between the two basic factual situations which present the problem. The juror's testimony may be sought to be introduced to show either: (1) that, due to some misunderstanding, his own thought processes were misdirected in arriving at his final vote; or, (2) that he observed the open misconduct of a fellow juror. At the outset it should be …


Contracts--Mutual Assent--Effect Of Insanity, Earl R. Boonstra Dec 1948

Contracts--Mutual Assent--Effect Of Insanity, Earl R. Boonstra

Michigan Law Review

Defendant listed a hotel with plaintiff, a broker, who procured a purchaser. Defendant refused to sell and pleaded insanity in defense to an action for a commission. The jury was charged to hold for defendant if it found defendant mentally incapable of entering into the contract. On appeal from a judgment for defendant, held, the instruction was erroneous. The unadjudicated insanity of one of the parties is not sufficient reason for setting a contract aside where the executed contract was made in good faith, for a fair consideration, and without notice of infirmity, and if the parties cannot be …


Corporations - Liability Of Directors For Failure To Enforce Corporate Right By Section 16b Of Securities Exchange Act, Bernard Goldstone Dec 1948

Corporations - Liability Of Directors For Failure To Enforce Corporate Right By Section 16b Of Securities Exchange Act, Bernard Goldstone

Michigan Law Review

Plaintiff brought a stockholder's derivative suit against the directors of X corporation, alleging that they wilfully failed to demand short term profits made in the sale of the corporation's securities by an officer of the corporation. These profits were recoverable by the corporation pursuant to section 16B of the Securities Exchange Act of 1934. Plaintiff further alleged that as a result of the directors' failure to sue, the statute of limitations barred recovery of these profits, giving rise to a common law action against the directors for waste. Defendants moved to dismiss. Held, motion granted. Directors were not liable …


Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée Dec 1948

Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée

Michigan Law Review

In raiding a warehouse, a sheriff found forty-six dust-covered slot machines with payoff slots covered and containing no payoff mechanisms. There was no evidence that the machines had ever been used. Appellant had rented the warehouse for the purpose of storing the machines. His testimony showed that he owned the machines and was a dealer engaged in buying and selling them. He was indicted under a statute reading: "Any person who, by himself or with another, shall keep, maintain, employ, or carry on any lottery or other scheme or device for the hazarding of any money or valuable thing shall …


Taxation-Liens-Nature Of Federal Estate Tax Lien, David D. Ring Dec 1948

Taxation-Liens-Nature Of Federal Estate Tax Lien, David D. Ring

Michigan Law Review

At the time of his death, decedent owned certain land in fee simple. His executrix, authorized by an order of the probate court, sold the land to herself as an individual. Subsequently, the United States began condemnation proceedings against the land, paying an award into court. Before distribution of this award was ordered, the executrix in her individual capacity and as ostensible owner was permitted in accordance with statute to withdraw a part of this award. The withdrawal was made without prejudice to her right to the remainder if it proved more than sufficient to satisfy the claims of other …


Brinton: From Many One, Michigan Law Review Dec 1948

Brinton: From Many One, Michigan Law Review

Michigan Law Review

A Review of FROM MANY ONE. By Crane Brinton.


Pritchett: The Roosevelt Court, Michigan Law Review Dec 1948

Pritchett: The Roosevelt Court, Michigan Law Review

Michigan Law Review

A Review of THE ROOSEVELT COURT. By C. Herman Pritchett.


S. W. Dowse V. Doris Trust Company : Brief Of Respondent, Utah Supreme Court Nov 1948

S. W. Dowse V. Doris Trust Company : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Livinia Allen V. Edward F. Allen And Peggy F. Allen : Brief Of Appellant, Utah Supreme Court Nov 1948

Livinia Allen V. Edward F. Allen And Peggy F. Allen : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Roald A. Hogenson, Judge.


William F. Kidman V. Garland Yonk, Et Al : Brief Of Respondent, Utah Supreme Court Nov 1948

William F. Kidman V. Garland Yonk, Et Al : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the First Judicial District of the State of Utah, in and for the County of Cache. Hon. Marriner M. Morrison, Judge.


R. Byron Ferguson V. J. Oscar Garrett And Stella F. Garrett : Brief Of Appellant, Utah Supreme Court Nov 1948

R. Byron Ferguson V. J. Oscar Garrett And Stella F. Garrett : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Fourth Judicial District Court, in and for Utah County, State of Utah. Judge Will L. Hoyt.


Capitol Electric Company V. Susan M. Campbell : Brief Of Respondent, Utah Supreme Court Nov 1948

Capitol Electric Company V. Susan M. Campbell : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal From The Third Judicial District Court, Salt Lake County, State of Utah. Honorable Ray Van Cott, Jr., Judge.


Henry Hayward V. J. R. Downing And J. Wayne Eldredge And Lynn D. Wright V. J. R. Downing And J. Wayne Eldredge : Brief Of Respondent, Utah Supreme Court Nov 1948

Henry Hayward V. J. R. Downing And J. Wayne Eldredge And Lynn D. Wright V. J. R. Downing And J. Wayne Eldredge : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the Third Judicial District in and for Salt Lake County, State of Utah. Honorable Roald A. Hogenson, Judge.


Ray W. Rosebraugh V. Rex G. Branch : Brief Of Appellants, Utah Supreme Court Nov 1948

Ray W. Rosebraugh V. Rex G. Branch : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Rocky Mountain Honey Co., Inc. V. Marion R. Crystal And Delsa N. Crystal : Brief Of Appellant, Utah Supreme Court Nov 1948

Rocky Mountain Honey Co., Inc. V. Marion R. Crystal And Delsa N. Crystal : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


In The Matter Of The Estate Of Anna D. Walton : Brief Of Respondent, Utah Supreme Court Nov 1948

In The Matter Of The Estate Of Anna D. Walton : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Pherrel Draper V. J. B. & R. E. Walker, Inc : Brief Of Respondent, Utah Supreme Court Nov 1948

Pherrel Draper V. J. B. & R. E. Walker, Inc : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


The State Insurance Fund V. Thomas L. Dykes, The Industrial Commission Of Utah, And Intermountain Service Bureau, Inc. : Reply Brief Of Plaintiff, Utah Supreme Court Nov 1948

The State Insurance Fund V. Thomas L. Dykes, The Industrial Commission Of Utah, And Intermountain Service Bureau, Inc. : Reply Brief Of Plaintiff, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Hotel Utah Company V. R. H. Ralrymple, Daniel Edwards And H. Fred Egan, And Hotel And Restaurant Employees Alliance, Local No. 815. : Brief Of Defendants, Utah Supreme Court Nov 1948

Hotel Utah Company V. R. H. Ralrymple, Daniel Edwards And H. Fred Egan, And Hotel And Restaurant Employees Alliance, Local No. 815. : Brief Of Defendants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Federal Farm Mortgage Corporation V. Vance D. Walker, Leona W. Corbitt, Elven Walker, Luella W. Roskelley, Max Walker, Harry Walker, First Doe, Second Doe, Third Doe, And Fourth Doe : Brief Of Respondent, Utah Supreme Court Nov 1948

Federal Farm Mortgage Corporation V. Vance D. Walker, Leona W. Corbitt, Elven Walker, Luella W. Roskelley, Max Walker, Harry Walker, First Doe, Second Doe, Third Doe, And Fourth Doe : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the First Judicial District of the State of Utah, in and for the County of Cache. Hon. Marriner M. Morrison, Judge.


Heber O. Cronquist And Idella N. Cronquist V. Utah State Agricultural College : Reply Brief Of Appellant, Utah Supreme Court Nov 1948

Heber O. Cronquist And Idella N. Cronquist V. Utah State Agricultural College : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the First Judicial District of the State of Utah, in and for the County of Cache.


The State Insurance Fund V. Thomas L. Dykes, The Industrial Commission Of Utah, And Intermountain Service Bureau, Inc. : Brief Of Defendant, Utah Supreme Court Nov 1948

The State Insurance Fund V. Thomas L. Dykes, The Industrial Commission Of Utah, And Intermountain Service Bureau, Inc. : Brief Of Defendant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


State Tax Commission Of The State Of Utah V. F. P. Linford, Voyle B. Barber And Raymond Peterson : Brief Of Appellants, Utah Supreme Court Nov 1948

State Tax Commission Of The State Of Utah V. F. P. Linford, Voyle B. Barber And Raymond Peterson : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Pherrel Draper V. J. B. & R. E. Walker, Inc : Brief Of Appellant, Utah Supreme Court Nov 1948

Pherrel Draper V. J. B. & R. E. Walker, Inc : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Lehi Irrigation Company V. Clarence T. Jones And Ed H. Watson : Brief Of Amicus Curiae On Reply Of State Engineer And Reply Of Respondent Jones, Utah Supreme Court Nov 1948

Lehi Irrigation Company V. Clarence T. Jones And Ed H. Watson : Brief Of Amicus Curiae On Reply Of State Engineer And Reply Of Respondent Jones, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Henry Hayward V. J. R. Downing And J. Wayne Eldredge And Lynn D. Wright V. J. R. Downing And J. Wayne Eldredge : Brief Of Appellant, Utah Supreme Court Nov 1948

Henry Hayward V. J. R. Downing And J. Wayne Eldredge And Lynn D. Wright V. J. R. Downing And J. Wayne Eldredge : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the Third Judicial District in and for Salt Lake County, State of Utah. Honorable Roald A. Hogenson, Judge.


The Legal Status Of Occupied Germany, Max Rheinstein Nov 1948

The Legal Status Of Occupied Germany, Max Rheinstein

Michigan Law Review

The unprecedented situation presently existing in Germany has, of necessity, given rise to new and intricate questions of international law. Of these, one set of problems appears to me to deserve special attention because of both their theoretical and practical significance, namely, the problems concerning the legal relations between Germany and .her occupiers.


Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard Nov 1948

Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard

Washington Law Review

Last year your Subcommittee on Practice and Procedure of Justices of the Peace and Inferior Courts, following the failure of the state Legislature to provide funds for a study, accepted the responsibility of making a report this year. Contact was immediately established with the local bar associations in the state and the prosecuting attorneys of the state. Most of the counties have from one to seven justices of the peace. Lincoln, Whitman, Okanogan, Lewis, Grant, Snohonish, and Yakima have eight to seventeen. Pierce County has twenty-one and King County fifty-three. Eighteen counties reported that there were no justices of the …