Digital Commons Network^™

Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

If a period of three years be sufficient time to detect any trend in the field of insurance litigation, there is reflected a decrease in the number of cases reaching our appellate courts having to do with automobile liability insurance and an increase in the number of cases having to do with health and accident policies--the latter probably being the result of the extension of group insurance. In the past year there were only two reported decisions in the state courts and one in the federal court sitting in Tennessee involving automobile liability policies. During the present Survey period, there …

Labor Law And Workmen's Compensation -- 1955 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

In Stokeley Van Camp, Inc. v. United Packinghouse Workers of America, the company and the union had entered into a collective bargaining agreement under which there were to be no strikes or lock-outs pending the use of the grievance and arbitration procedures provided in the contract. The chancellor enjoined members of the union from participating in a strike, and in such incidental activities as mass picketing, and threatening and intimidating persons seeking to enter and leave the plant. The company's bill and affidavits indicated the existence of a strike with mass picketing and threats of violence. The union did not …

Recent Decisions, John Rogers, Thomas S. Calder, Edward S. Mraz, Cornelius Jerome Smith

Notre Dame Law Review

Comments on recent decisions by John Rogers, Thomas S. Calder, Edward S. Mraz, Cornelius Jerome Smith, Allan C. Schmid, and Ralph R. Blume.

Book Reviews, Roger Paul Peters, Edward F. Barrett

Notre Dame Law Review

No abstract provided.

Administrative Law -- 1955 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Judicial review of administrative agency action, with emphasis upon the limited nature of such review, has again been of major importance in Tennessee Administrative Law during the survey period, This is shown to be true not only in the number of decisions but also in the frequent utilization (and apparent broadening) of the doctrine of Hoover Motor Express Co. v. Railroad & Public Utilities Commission in according finality to administrative action. In addition to holdings on various aspects of judicial review, the Tennessee appellate courts contributed important decisions during the survey period dealing with delegation of legislative power and the …

Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.

Vanderbilt Law Review

Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …

Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe

Vanderbilt Law Review

Execution of Wills:

Under the Tennessee Code a will valid at the place of execution is valid under the laws of Tennessee. A testator domiciled in Tennessee executed a will in Mississippi in the presence of two witnesses, but thinking that the will should be acknowledged by a notary public rather than subscribed by the witnesses, he had the acknowledgment taken by a Mississippi notary public. As the Mississippi statute is peculiar in that it merely requires "that the Will shall be attested by two or more credible witnesses" rather than the usual "shall be both attested and subscribed" the …

Laura M. Price V. Edward E. Price : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

The Mcguire Act And The Mail Order Vendor-Commerce Clause Limitations On Anti-Fair Trade Policies

Indiana Law Journal

No abstract provided.

Section 8(D) (4) Limitations On The Right To Strike: A Criticism

Indiana Law Journal

No abstract provided.

Amortization And Performance Standards In Zoning Regulations: Study Of Existing Nonconforming Uses In An Indiana Community

Indiana Law Journal

No abstract provided.

Conservation Of Existing Housing, William L. Slayton

Law and Contemporary Problems

No abstract provided.

New Developments In British Land Planning Law—1954 And After , Desmond Heap

Law and Contemporary Problems

No abstract provided.

The Master Plan: An Impermanent Constitution, Charles M. Haar

Law and Contemporary Problems

No abstract provided.

Due Process Rights Of Mentally Ill Parents In Nonconsensual Adoptions

Indiana Law Journal

No abstract provided.

The Fourteenth Amendment And The Bill Of Rights-An Historical Interpretation, Robert M. Holmes

South Carolina Law Review

No abstract provided.

Relation Of Planning And Zoning To Housing Policy And Law, Shirley Adelson Siegel

Law and Contemporary Problems

No abstract provided.

Private Enforcement Of City Planning, Allison Dunham

Law and Contemporary Problems

No abstract provided.

Municipal Economy And Land Use Restrictions, William C. Smith

Law and Contemporary Problems

No abstract provided.

The Diminishing Fee, Harry M. Cross

Law and Contemporary Problems

No abstract provided.

D.A.V. Chapter No. 6 Et Al V. Secretary Of State Of The State Of Utah : Plaintiffs' Brief, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment

Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage

Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature

Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB

Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured

Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion

Wills--Holographic Codicil--Publication of an Invalid Typewritten Will

The Place Of The Planning Commission And The Board Of Zoning Appeals In Community Life, E. C. Yokley

Vanderbilt Law Review

Progressive and fortunate is the city or town served by a planning commission whose membership is comprised of upstanding and public spirited citizens of known integrity, who give freely of their time and talents in such activity. When the same city or town can point with pride to a board of zoning appeals possessing the same high qualities of dedicated public service, it is doubly blessed.

The members of such commissions and boards become the city's most effective police officers when they properly perform their duties. This is literally true, because they derive all of their authority from such part …

The Public Employee And His Government: Conditions And Disabilities Of Public Employment, Jerome J. Shestack

Vanderbilt Law Review

Even before Mr. Marbury, the public employee and his government have frequently found themselves on opposite sides of the counsel table. Not that public employees are a particularly litigious lot. Faced, however, with the willingness of administrators to deal with them politically and the unwillingness of legislators to protect them adequately, their resort to the courts was inevitable. But the courts also often provided inadequate protection. Decisions which combined ancient concepts with more than a touch of political realism accorded scant recognition to the substantial interests of the ever-growing number of public employees.

In recent years, the traditional cliches in …

Lawyer's Responsibilities, The, Luther W. Youngdahl

Missouri Law Review

No abstract provided.

Constitutional Law - Due Process Of Law - Fluoridation Of Water Supply By City, J. Bennett Johnston Jr.

Louisiana Law Review

No abstract provided.

Workmen's Compensation - Prescription - Occupational Diseases, J. Bennett Johnston Jr.

Louisiana Law Review

No abstract provided.

Security Devices - Suretyship - Deficiency Judgment Act, J. Bennett Johnston Jr.

Louisiana Law Review

No abstract provided.

Public Duty Of The American Lawyer, The, Rush H. Limbaugh

Missouri Law Review

No abstract provided.

Criminal Law -- Attempted Perjury -- The Rules Of "Legal" And "Factual" Impossibility As Applied To The Law Of Criminal Attempts, J. Thomas Mann

North Carolina Law Review

No abstract provided.