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Articles 10801 - 10830 of 11284
Full-Text Articles in Entire DC Network
The New Michigan Court Rules, Edson R. Sunderland
The New Michigan Court Rules, Edson R. Sunderland
Michigan Law Review
There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Michigan Law Review
The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …
The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley
The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley
Michigan Law Review
One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …
Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger
Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger
Michigan Law Review
The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.
Trusts-Right Of Trustee To Reimbursement For Tort Liability
Trusts-Right Of Trustee To Reimbursement For Tort Liability
Michigan Law Review
The recent New York case, In re Lathers presents the question seldom before raised whether a trustee may be reimbursed from the trust estate for tort liability to a third person through his negligence in management of the estate. In that case, as a result of fire in an apartment building of the trust property, the trustee suffered judgments for $62,000 plus costs. The rooms of one apartment, rented by the trustee's agent, had been closed off by the lessee to form several small apartments. For the one subleased to the tort creditor, access to fire escapes, adequate normally, was …
Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act
Michigan Law Review
Plaintiffs, purchasers of land previously brought under Illinois Torrens Act, delivered certificate of title to party under agreement to sell, who forged deed to himself, had certificate issued in his name, and then conveyed to defendants who were good faith purchasers for value. Plaintiffs informed registrar of the forgery after the defendants had bought, and demanded cancellation of the deeds and certificates, and the reissue of a certificate to themselves. The registrar refused, and this petition was brought to compel such action. Held, plaintiffs having voluntarily bought land brought under Torrens system, there was a waiver of any constitutional …
Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman
Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman
Kentucky Law Journal
No abstract provided.
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Michigan Law Review
Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.
Crimes-Speedy Trial-Justification For Delay
Crimes-Speedy Trial-Justification For Delay
Michigan Law Review
The defendant was convicted under a state prohibition statute. The information was filed on June 7, 1929, and no further proceedings were taken against him for more than sixty days thereafter. The defendant moved to dismiss the suit on the ground that he had not had a speedy trial. No jury was on duty during the months of July, August, and the early part of September. Held, that the constitutional guaranty of a speedy trial was not infringed by such delay. State v. Vukich (Wash. 1930) 290 Pac. 992.
Pleading And Practice Under The Revised Code, Lawrence R. Lynch
Pleading And Practice Under The Revised Code, Lawrence R. Lynch
West Virginia Law Review
In a paper of limited length such as this necessarily must be, it is impracticable to discuss or even to mention many of the changes in pleading and practice contained in the Revised Code. For that reason this discussion will be confined primarily to some important and interesting changes in Chapter 56, entitled "Pleading and Practice." At the outset it may be said that the revisers have retained the common law system of pleading and procedure. They declined follow in the steps of those jurisdictions which have adopted what is known as code pleading and practice. Such changes as the …
The West Virginia Water Power Act, James W. Simonton
The West Virginia Water Power Act, James W. Simonton
West Virginia Law Review
No abstract provided.
Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation
Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation
Michigan Law Review
Plaintiff brought suit in Missouri to enjoin collection of taxes alleged to be discriminatory, basing his claim for equitable relief on the absence of any other remedy. The supreme court of Missouri dismissed the bill, without hearing on the substantive question, on the ground that there existed, under a state statute, an adequate remedy in appeal to the state tax commission. Previously the court had denied, in several cases, that the statute gave such a right, and had allowed equitable relief in one case on that ground. When the decision in the principal case was rendered, it was too late …
Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case
Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case
Michigan Law Review
The relator brought an action to test the right of the defendant Kohler to the office of governor of the state of Wisconsin, asserting that his election was invalid for violation of the Corrupt Practices Act, particularly in that he had expended more than $100,000 for political purposes in violation of the provision of the act limiting such expenditures for candidates for governor to $4,000. The defendant demurred to the petition, asserting that the Corrupt Practices Act is void and unconstitutional as applied to the governor because (1) the statute seeks to prescribe either qualifications for the office of governor …
Corporations - Directors - Power Of Shareholders To Fill Vacancies
Corporations - Directors - Power Of Shareholders To Fill Vacancies
Michigan Law Review
One of a directorate of three having resigned in the middle of his term, a special stockholders' meeting was called to fill the vacancy, and defendant was elected to finish the term. The relator, a stockholder and director, brought a writ of quo warranto to oust the defendant on the ground that the Corporation Act (ch. 32, sec. 21, par. 5, Ill. Rev. Stat. Cahill, 1929) provided that "the directors shall fill all vacancies which may happen in the board * * * by death, resignation, or otherwise, until the next annual meeting of the stockholders," and that therefore the …
Burns Annotated Indiana Statutes: Supplement Of 1929, By Benjamin F. Watson, W. E. Treanor
Burns Annotated Indiana Statutes: Supplement Of 1929, By Benjamin F. Watson, W. E. Treanor
Indiana Law Journal
No abstract provided.
Indiana Should Call A Constitutional Convention, Albert Stump
Indiana Should Call A Constitutional Convention, Albert Stump
Indiana Law Journal
No abstract provided.
Revision Of The Indiana Constitution, Hugh E. Willis
Revision Of The Indiana Constitution, Hugh E. Willis
Indiana Law Journal
No abstract provided.
Necesssity Of Notice To A Municipal Corporation To Render It Liabile For Defects In Its Streets, Phyllis Cavender
Necesssity Of Notice To A Municipal Corporation To Render It Liabile For Defects In Its Streets, Phyllis Cavender
Washington Law Review
A municipal corporation is not an insurer of its streets; and is not obliged to so construct and maintain them as to secure absolute nnmunity from any danger in using them. Generally stated, its duty is to exercise ordinary care to keep them in a reasonably safe condition for public travel; this duty being in some states imposed by statute, and in others, arising by mere implication. The Washington rule is well illustrated by the case of Sutton v. Snohomish, in which the court said: "Where a city has exclusive control and management of its streets with power to raise …
Jury Selection In Kentucky, Leer Buckley
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
West Virginia Law Review
No abstract provided.
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
West Virginia Law Review
No abstract provided.
The Illinois Appellate Courts-Are They Satisfactory?
The Illinois Appellate Courts-Are They Satisfactory?
Michigan Law Review
The instantaneous answer of "Yes" to this question was given by every Illinois attorney the writer asked while gathering material for this article, and undoubtedly that would be the answer of an overwhelming percentage of the Illinois Bar. In the Constitutional Convention of 1920 in Illinois, not one of the fifty odd lawyer members ever questioned their expediency in all the debates on the judiciary article. And much can, of course, be said in their favor. They relieve the supreme court of a great burden of work. They are closer at hand than the supreme court to most of the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field
The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field
Michigan Law Review
A municipal corporation has governmental as well as proprietary functions to perform. It differs from a private corporation in that its primary functions are governmental. Municipal corporations are usually spoken of as legal persons, or entities, in the same sense that private corporations are, but in studying them it must always be borne in mind that the main purpose for which most of them are created is that they may perform certain governmental functions.
Municipal Corporations-Methods Of Detaching Outlying Districts
Municipal Corporations-Methods Of Detaching Outlying Districts
Michigan Law Review
Since the power to restrict boundaries is legislative in nature, territory which has once become part of an incorporated community can be detached only by the authority of a statute, and the corporation, the courts, and even the people are powerless to act unless so authorized. 1. DILLON, MUNCIPAL CORPORATIONS, 4th ed. sec. 356. But when the town is booming and each farmer sees himself swept into wealth by the subdivision and sale of his property, who worries about detaching land? It is only when the boom has passed and the farmer finds himself still engaged in agriculture, and burdened …
Indiana Municipalities And The State Government, Conrad Wolf
Indiana Municipalities And The State Government, Conrad Wolf
Indiana Law Journal
Address by Mr. Wolf delivered before the Indiana State Bar Association 1928.
Some Anomalies In The Kentucky Negotiable Instruments Law, Colvin P. Rouse
Some Anomalies In The Kentucky Negotiable Instruments Law, Colvin P. Rouse
Kentucky Law Journal
No abstract provided.
State Law And The Federal Courts, Raymond T. Johnson
State Law And The Federal Courts, Raymond T. Johnson
Kentucky Law Journal
No abstract provided.
The Kentucky Judicial Council, George Ragland Jr.
The Kentucky Judicial Council, George Ragland Jr.
Kentucky Law Journal
No abstract provided.