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Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams Apr 1940

Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams

Michigan Law Review

Almost daily, newspapers recount the details of another automobile accident or airplane crash in which numerous persons are killed--a common disaster. And determination of survivorship in common disaster cases presents some of the most vexing problems that lawyers and judges meet. Lawyers must search for evidence, frequently hard to obtain, and then must face difficult questions of relevancy, materiality, and probative value, since in almost all cases where any evidence is available it is wholly circumstantial. Judges must decide preliminary disputes over who shall bear the burden of proof, and then must rule on the sufficiency of evidence, which is …


Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland Apr 1940

Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland

Michigan Law Review

The petitioner, on behalf of the city of Akron, applied for a writ of mandamus to compel the board of health of the city to apply the municipal civil service regulations to the employees of the board. In 1912, Ohio had adopted a so-called "home rule amendment" to its constitution, under authority of which the city had formulated its charter. By statute, each city in Ohio constitutes a city health district, and the officers thereof are appointed by the mayor of the city with the consent of the city council. The state statutes make no express reference to civil service …


Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske Apr 1940

Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske

Michigan Law Review

Plaintiff, administratrix of her husband's estate, brought an action against defendant newspaper to recover damages for the death of her husband, which she claimed resulted from worry over an alleged libel that defendant published. The trial court sustained defendant's demurrer to the declaration and plaintiff appealed. Held, since the "survival statute" does not preserve actions affecting character, the libel abated with the husband's death; and since mental anguish, worry, fear and loss of health are the several results of the wrongful act of libel, they cannot be made the basis of a new cause of action. Judgment for defendant …


Declaratory Judgment To Declare A Prior Judgment Void Apr 1940

Declaratory Judgment To Declare A Prior Judgment Void

Indiana Law Journal

Recent Case Notes


An Approach To Administrative Law, Ralph F. Fuchs Apr 1940

An Approach To Administrative Law, Ralph F. Fuchs

North Carolina Law Review

No abstract provided.


The Case Against Taxation, Paul V. Betters Apr 1940

The Case Against Taxation, Paul V. Betters

Law and Contemporary Problems

No abstract provided.


George K. Thompson And Frank S. Markhap, Thompson-Markham Company V. Industrial Commission Of Utah, William M. Knerr, O. F. Mcshane, Frank A. Jugler, E. A. Hodges : Brief Of Plaintiffs, Utah Supreme Court Mar 1940

George K. Thompson And Frank S. Markhap, Thompson-Markham Company V. Industrial Commission Of Utah, William M. Knerr, O. F. Mcshane, Frank A. Jugler, E. A. Hodges : Brief Of Plaintiffs, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


George K. Thompson And Frank S. Markhap, Thompson-Markham Company V. Industrial Commission Of Utah, William M. Knerr, O. F. Mcshane, Frank A. Jugler, E. A. Hodges : Brief Of Defendants, Utah Supreme Court Mar 1940

George K. Thompson And Frank S. Markhap, Thompson-Markham Company V. Industrial Commission Of Utah, William M. Knerr, O. F. Mcshane, Frank A. Jugler, E. A. Hodges : Brief Of Defendants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


University Of Michigan Law School Announcement 1940-41 With List Of Students, 1939-40, University Of Michigan Law School Mar 1940

University Of Michigan Law School Announcement 1940-41 With List Of Students, 1939-40, University Of Michigan Law School

Law School Announcement and Bulletins

Board of Regents; Faculty of Law; Organization and Methods; The Law Quadrangle; The Law Library; Requirements for Admission; Directions for Registration; Requirements for Graduation Degrees; The Law Curriculum; The Practice Court; Fees and Expenses; Michigan Law Review; Fellowships, Scholarships, and Prizes; Order of the Coif; Loan Funds; Students' Physical Welfare; The Michigan Union; The Michigan League; University Automobile Regulation; Summer Session; Graduates of 1938; Students;


Discussion Of Recent Decisions, Chicago-Kent Law Review Mar 1940

Discussion Of Recent Decisions, Chicago-Kent Law Review

Chicago-Kent Law Review

Notes by W. H. Maynor, J. C. Kellogg, Eleanor Young, W. L. Schlegel Jr., V. Krauchunas, E. Boehm, J. C. Berghoff, D. G. MacDonald


Contributors To The March Issue/Notes, Joseph F. Nigro, Francis E. Bright, Edward F. Grogan, James H. Graham Mar 1940

Contributors To The March Issue/Notes, Joseph F. Nigro, Francis E. Bright, Edward F. Grogan, James H. Graham

Notre Dame Law Review

Notes by Joseph F. Nigro, Francis E. Bright, Edward F. Grogan, James H. Graham, Jr., John C. O'Connor, and William P. Mahoney.


Recent Decisions, John E. Savord, Lawrence J. Petroshius, William T. Meyers Mar 1940

Recent Decisions, John E. Savord, Lawrence J. Petroshius, William T. Meyers

Notre Dame Law Review

No abstract provided.


Carpenter V. Syrett : Brief Of Appellant, Utah Supreme Court Mar 1940

Carpenter V. Syrett : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Sixth Judicial District Court of the State of Utah in and for Garfield County. Honorable Henry D. Hayes, Judge.


Post-War Protection Of Freedom Of Opinion - A Study Of Supreme Court Attitudes, Raymon T. Johnson Mar 1940

Post-War Protection Of Freedom Of Opinion - A Study Of Supreme Court Attitudes, Raymon T. Johnson

Washington and Lee Law Review

No abstract provided.


Constitutional Law - Spouse Act - Public Employment Of Both Husband And Wife, J. G. C. Mar 1940

Constitutional Law - Spouse Act - Public Employment Of Both Husband And Wife, J. G. C.

Louisiana Law Review

No abstract provided.


George Saltas V. David A. Affleck And Kenneth Butte : Brief Of Appellant, Utah Supreme Court Feb 1940

George Saltas V. David A. Affleck And Kenneth Butte : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


State Of Utah V. Richard Jessup : Brief Of Respondent, Utah Supreme Court Feb 1940

State Of Utah V. Richard Jessup : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


City-County Separation And Consolidation In Tennessee, William H. Combs Feb 1940

City-County Separation And Consolidation In Tennessee, William H. Combs

Tennessee Law Review

No abstract provided.


Fifty Years Of Crime In America, J. Edgar Hoover Feb 1940

Fifty Years Of Crime In America, J. Edgar Hoover

Tennessee Law Review

No abstract provided.


Charitable Hospitals In The Eyes Of The Law, M. Ann Joachim Feb 1940

Charitable Hospitals In The Eyes Of The Law, M. Ann Joachim

Tennessee Law Review

No abstract provided.


Student Case Notes Feb 1940

Student Case Notes

Tennessee Law Review

No abstract provided.


Is Utility Regulation Encroaching Upon Management, Francis X. Welch Feb 1940

Is Utility Regulation Encroaching Upon Management, Francis X. Welch

West Virginia Law Review

No abstract provided.


Constitution Making By The Supreme Court, Hugh Evander Willis Feb 1940

Constitution Making By The Supreme Court, Hugh Evander Willis

Indiana Law Journal

No abstract provided.


What Law Governs The Disposition Of Insurance Proceeds , Guy B. Horton Feb 1940

What Law Governs The Disposition Of Insurance Proceeds , Guy B. Horton

Cornell Law Review

No abstract provided.


Necessary Expenses -- Within The Meaning Of Article Vii, Section 7, Of The North Carolina Constitution, Albert Coates, William S. Mitchell Feb 1940

Necessary Expenses -- Within The Meaning Of Article Vii, Section 7, Of The North Carolina Constitution, Albert Coates, William S. Mitchell

North Carolina Law Review

No abstract provided.


Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge Feb 1940

Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge

Michigan Law Review

There has been much discussion through the years about the evils of monopoly, monopolistic practices, and unreasonable restraints of trade. We have always paid lip service to the ideal of free competition. But we have done little in this country to cope with these evils. We have done little to make our competitive ideal effective.


Insurance - Legal Execution Of Insured As A Defense, G. Randall Price Feb 1940

Insurance - Legal Execution Of Insured As A Defense, G. Randall Price

Michigan Law Review

Insured was convicted of murder and legally executed by the state. Plaintiff is the beneficiary of his life insurance policy. Held, no recovery on the ground that the risk of legal execution was impliedly excepted in the policy as a matter of law. Southern Life & Health Ins. Co. v. Whitfield, (Ala. 1939) 190 So. 276.


William A. Fawcett V. Security Benefit Association : Brief Of Respondent, Utah Supreme Court Jan 1940

William A. Fawcett V. Security Benefit Association : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from District Court of Salt Lake County, Utah. P. C. Evans, Judge


Alice Loos V. Mountain Fuel Supply Company And Utah Motor Park Incorporated : Appellants' Abstract Of Record, Utah Supreme Court Jan 1940

Alice Loos V. Mountain Fuel Supply Company And Utah Motor Park Incorporated : Appellants' Abstract Of Record, 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. Hon. P. C. Evans, Judge, Presiding


State Of Utah V. E. B. Erwin, Harry Finch And R. O. Pearce : Abstract Of Record, Utah Supreme Court Jan 1940

State Of Utah V. E. B. Erwin, Harry Finch And R. O. Pearce : Abstract Of Record, 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