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Recent Cases, Law Review Staff

Vanderbilt Law Review

ADJOINING LAN DOWNERS--OVERHANGING BRANCHES--INJUNCTION AGAINST MAINTENANCE REFUSED

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ADMINISTRATIVE LAW--ZONING BOARD--RIGHT OF BOARD TO APPEAL FROM ADVERSE DECISION OF LOWER COURT

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CONSTITUTIONAL LAW--FREEDOM OF RELIGION--STATUTE OUTLAWING SNAKE-HANDLING

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CONSTITUTIONAL LAW--STATE CONSTITUTIONAL REQUIREMENT FOR VOTING TO "UNDERSTAND AND EXPLAIN" THE CONSTITUTION--EFFECT OF DISCRIMINATORY ADMINISTRATION AGAINST NEGROES

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CONTRACTS--OFFER AND ACCEPTANCE--EFFECT OF ATTEMPTED REVOCATION OF UNILATERAL OFFER AFTER PART PERFORMANCE

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CRIMINAL LAW--DOUBLE JEOPARDY--CONVICTION OF HIGHER OFFENSE ON RETRIAL

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CRIMINAL LAW--LARCENY--SINGLE ACT CONSTITUTING SEPARATE OFFENSES

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FEDERAL JURISDICTION--AMOUNT IN CONTROVERSY--DEGREE OF EVIDENCE REQUIRED

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INSURANCE--INCONTESTABLE CLAUSE--EFFECT ON ACTION BY INSURER TO REFORM POLICY

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LOTTERIES--SLOT MACHINES--FREE GAMES AS PROPERTY OF …

Constitutional Law-Commerce Clause-Validity Of New York Milk Licensing Law, William P. Sutter

Michigan Law Review

A New York statute required the licensing of all milk dealers in the state, and authorized the refusal of such a license upon a finding by the commissioner of agriculture that its issuance would "tend to a destructive competition in a market already adequately served." Petitioner, an out-of-state corporation, sought a license for an additional plant for the processing of milk to be purchased locally and to be distributed out of state, but was denied a license on the ground stated in the statute as quoted above. Denial of the license was sustained by the New York Court of Appeals. …

Equity-Power To Rescind Conveyance For Fraud-Survival, Stephen A. Bryant

Michigan Law Review

Defendants obtained a deed from plaintiffs' testator shortly before he died. Plaintiffs, his residuary devisees, filed a bill seeking cancellation of the deed, alleging that it was procured by undue influence. Defendants demurred on the ground that undue influence is a species of fraud and the power to rescind a conveyance for fraud does not survive the grantor's death. The demurrer was overruled. On appeal, held, affirmed. The power to rescind was not extinguished by the grantor's death. Glojek v. Glojek, (Wis. 1948) 35 N.W. (2d) 203.

The Standard Of Care Owed By A Hospital To Its Patients, William J. Harbison

Vanderbilt Law Review

Despite the: great number of tort cases which have arisen between hospitals and their patients, comparatively little has been written upon the subject of the standard of care required of a hospital in its relationship with those who enter it for treatment. In this Note some of the types of problems arising out of this relationship will be examined.' Questions of substantive and procedural law will be treated together in order to present these problems more clearly.

Generally, public hospitals are excused from tort liability to their patients upon the ground of governmental immunity ; in most states charitable institutions …

The Lawyers Club, University Of Michigan Law School

Miscellaneous Law School History & Publications

Book serving as a guide to the Lawyers Club.

Constitutional Law - Limitation Of Constitutional Guarantee Of Freedom Of Religion, Stanley H. Mervis

William and Mary Review of Virginia Law

No abstract provided.

Notes, John F. Bodle, Edward G. Coleman, Joseph V. Wilcox

Notre Dame Law Review

No abstract provided.

Geneve Graehl Burt, Lorele Burt Neff, Karleen Burt, Bonnie A. Burt, Shanna G. Burt, John G. Burt V. Luella H. Burt, Emerson H. Burt, Mrs. Helen B. Reed, Mrs. Dorothy B. Flowers, Lester C. Burt, Milton F. Burt : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Forum Juridicum: An Outline Of The Research And Publication Possibilities Of The War Crimes Trials, Telford Taylor

Louisiana Law Review

No abstract provided.

Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch

Michigan Law Review

Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict …

Insurance-Effect Of Incontestable Clause In Suit For Reformation Of Policy, N. S. Peterman S. Ed.

Michigan Law Review

For over twenty years, defendant insurer accepted premiums on a life insurance policy issued to plaintiff. Defendant then discovered that a clerical error had been made in the original policy, as a result of which plaintiff's premium payments were approximately one-half the premiums defendant normally received for the type of policy actually issued. Defendant asked for reformation of the policy on the ground of mistake, and the trial court granted the relief sought. On appeal, held, reversed. The action was barred by the incontestable clause. Richardson v. Travelers Insurance Co., (App. 9th, 1948) 171 F. (2d) 699.

Labor Committee Of The Twentieth Century Fund: Partners In Production, Michigan Law Review

Michigan Law Review

A Review of PARTNERS IN PRODUCTION. By the Labor Committee of the Twentieth Century Fund.

Charles Thomas Duffy V. Union Pacific Railroad Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from a Judgment of the District Court in and for Salt Lake County, State of Utah. Honorable Joseph G. Jeppson, Judge.

Habeas Corpus And Court-Martial Deviations From The Articles Of War, Bernard Schwartz

Missouri Law Review

No abstract provided.

Recent Cases

Missouri Law Review

No abstract provided.

Broad Scope Of State Regulatory Power Reaffirmed

Indiana Law Journal

Recent Cases: Due Process

Comparative Conflicts Law, Ernst Rabel

Indiana Law Journal

This paper was delivered at a Round Table Meeting of the Association of American Law Schools, December 29, 1948.

Stockholder Attacks On Corporate Pension Systems, F. Hodge O'Neal

Vanderbilt Law Review

This article considers the legal issues raised when a corporate pension system is attacked by minority stockholders. These issues perhaps best can be delineated by focusing attention on a representative fact-situation.

The board of directors of a corporation formulate a pension plan for corporate officers and employees. Retirement benefits under the plan are to be based on employees' "past service" (i.e., service rendered the company prior to the effective date of the plan) as well as on their "future service" (i.e., service rendered after the plan is in operation). The plan includes provisions for funding the pensions with either a …

Merrill Holbrook V. Louise Holbrook : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Res Judicata-Use Defensively Of Former Judgment By One Not A Party Or In Privity With A Party To Former Action, Richard H. Conn

Michigan Law Review

Plaintiff sued defendant in a federal district court to foreclose a mortgage lien alleged to exist on defendant's land in consequence of a loan by plaintiff to defendant's predecessor in title. Defendant's land was but a part of the tract originally encumbered. In a prior action in the state court, plaintiff had sought foreclosure of the same mortgage against the holder of another parcel of the mortgaged land on the precise grounds now asserted against defendant. In that action it was held that the entire mortgage had already been discharged. Defendant moved for summary judgment, contending that the former decision …

Weigert, Stefansson And Harrison: New Compass Of The World, Michigan Law Review

Michigan Law Review

A Review of NEW COMPASS OF THE WORLD. Edited by Hans W. Weigert, Vilhjalmur Stefansson and Richard E. Harrison.

Stockholder Attacks On Corporate Pension Systems, F. Hodge O'Neal

Vanderbilt Law Review

This article considers the legal issues raised when a corporate pension system is attacked by minority stockholders. These issues perhaps best can be delineated by focusing attention on a representative fact-situation.

Mac Peterson V. Verga Peterson Anderson : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Seventh Judicial District Court of Sanpete County, State of Utah. Honorable F. W. Keller, Judge.

Calder Brothers Creamery Co. And The Commission Of Finance Of Utah V. The Industrial Commission Of Utah And Charles M. James : Brief Of Defendants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

The Undersized House: A Municipal Problem, Robert Mcclory

Chicago-Kent Law Review

No abstract provided.

Trends In The Administration Of The Taft-Hartley Act, Walter L. Brown

West Virginia Law Review

No abstract provided.

Federal Civil Rights Legislation And The Constitution, Frank K. Sloan

South Carolina Law Review

No abstract provided.

The School Of Law, 1849-1949: A Century Revisited, Ollinger Crenshaw

Washington and Lee Law Review

No abstract provided.

Bankruptcy-Definition Of "Farmer" For Purposes Of Relief Through Agricultural Compositions And Extensions

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws-Application Of Full Faith And Credit Clause To State Court's Finding In Support Of Its Jurisdiction

Washington and Lee Law Review

No abstract provided.