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University of Michigan Law School

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Federal Practice-Entry Of Judgment Notwithstanding Verdict On Undisputed Evidence Jan 1934

Federal Practice-Entry Of Judgment Notwithstanding Verdict On Undisputed Evidence

Michigan Law Review

In an action on a contract the plaintiff claimed the entire contract price as damages on the theory of an anticipatory breach by the defendant. The trial court, however, on the undisputed facts, instructed the jury that the plaintiff could recover only the damages suffered prior to the first day of the present term of court. Held, by the Circuit Court of Appeals, that the trial court should have instructed the jury to return a verdict for the plaintiff for the entire contract price, but that a new trial was not necessary and the cause should be remanded to …

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Searches And Seizures - Search As Incident Of Unlawful Seizure - Search Without Warrant Jan 1934

Searches And Seizures - Search As Incident Of Unlawful Seizure - Search Without Warrant

Michigan Law Review

Where a sheriff took possession of an unattended car parked on the streets, in the belief that the automobile was stolen and without knowledge that it contained liquor, and two hours later searched it and seized liquor in the car, acting on information received subsequent to the seizure of the car but prior to the search for the liquor, held that the taking of the car by the sheriff was an unlawful act and the search was an incident thereof; that the search without a warrant was an unreasonable one under the South Dakota Constitution prohibiting unreasonable searches and seizures, …

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Municipal Corporations - Municipal Responsibility For The Torts Of Policemen Jan 1934

Municipal Corporations - Municipal Responsibility For The Torts Of Policemen

Michigan Law Review

E, standing near the scene of a holdup in the Bronx, was shot by a stray bullet from the gun of a policeman engaged in pursuing several highwaymen. The Municipal Assembly of New York City enacted in 1927 an ordinance providing that the Board of Estimate is authorized to make an award of damages to such innocent bystanders when injured by policemen. E received an award of $6,740 from the Board for injuries suffered. Upon the Comptroller's refusal to pay it without a judicial declaration of its legality, E sued out a writ of mandamus. It was held that …

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Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp Dec 1933

Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp

Michigan Law Review

Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …

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Bills And Notes-Warranty Of Qualified Indorser -When Instrument "Valueless" Dec 1933

Bills And Notes-Warranty Of Qualified Indorser -When Instrument "Valueless"

Michigan Law Review

In an action based upon the vendor's warranty in the sale of a note as set forth in the N.I.L., sec. 65 (4), it being alleged that the maker was insolvent and the mortgaged property worth much less than the debt at the time of the transfer of the note and that both such facts were known to the transferor, held, a ruling sustaining a demurrer should be affirmed. Leekley v. Short, (Iowa 1933) 249 N. W. 363.

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Corporations - Pledge Of Stock - Statutory Liability Of Pledgee Dec 1933

Corporations - Pledge Of Stock - Statutory Liability Of Pledgee

Michigan Law Review

The owner of shares of bank stock pledged them to defendant corporation to secure a loan. Defendant had the bank issue a new certificate to it in its own name. On the failure of the bank plaintiffs, creditors, sought to hold defendant for "double" liability under statute. Held, under the Montana statute providing that pledgees should not be personally liable as stockholders, defendant was not liable despite the fact that the bank's records did not show it to be a pledgee. Mitchell v. Banking Corp. of Montana, (Mont. 1933) 24 Pac. (2d) 124.

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Constitutional Law--- Status Of Courts Of District Of Columbia Nov 1933

Constitutional Law--- Status Of Courts Of District Of Columbia

Michigan Law Review

Plaintiffs, justices of District of Columbia courts, protested the application by the Comptroller-General of an Act of Congress reducing their salaries, alleging that they felt it their duty to have the status of these courts defined. The majority of the Court, answering questions certified by the Court of Claims; held that section l of Article III of the federal constitution applied to the Supreme Court of the District of Columbia and to the Court of Appeals of the District of Columbia, and forbade a reduction of the compensation of the justices thereof during their continuance in office, on the theory …

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Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite Nov 1933

Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite

Michigan Law Review

Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.

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Appeal And Error - Authentication Of Bills Of Exceptions By Judge's Initials Jun 1933

Appeal And Error - Authentication Of Bills Of Exceptions By Judge's Initials

Michigan Law Review

The records on two appeals contained what purported to be bills of exceptions. The trial judge used only his initials in allowing the bills as follows: "Allowed August 20, 1930, J. A. L., D. J." Held, this was sufficient to satisfy the requirement that a bill of exceptions be signed by the trial judge. Ohl & Co. v. Smith Iron Works (two cases), 53 Sup. Ct. 340, 77 L. ed. 485 (1933).

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Mortgages - Assignment Of Rents And Profits - Michigan Statute Jun 1933

Mortgages - Assignment Of Rents And Profits - Michigan Statute

Michigan Law Review

There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.

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Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches Jun 1933

Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches

Michigan Law Review

May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …

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Public Utility Valuation - Rate Base Jun 1933

Public Utility Valuation - Rate Base

Michigan Law Review

The California Railroad Commission, in conducting a hearing in 1930 on natural gas rates charged by the Los Angeles Gas and Electric Corporation, found that the "historical value" of the utility was $60,704,000, and that its "fair value" for rate-making purposes was $65,000,000. This fair. value figure included no specific allowance for going concern value. The company's engineers had estimated the fair value at $95,000,000, on the basis of the "present cost of reproduction" theory. The commission, relying on its fair value figure of $65,000,000, ordered a rate reduction. A three-judge federal court refused to enjoin the enforcement of the …

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Constitutional Law--Due Process--Martial Law May 1933

Constitutional Law--Due Process--Martial Law

Michigan Law Review

The Texas Railroad Commission ordered a limitation of oil production in the East Texas field. Governor Sterling of that State issued a proclamation declaring martial law in the district and setting forth the existence of "a state of insurrection, tumult, riot and breach of the peace," and sent in troops to enforce the orders of the commission. A temporary injunction was issued restraining the commission's action but the governor continued, through the troops, to limit oil production. Such action was sought to be enjoined in the federal courts. The lower court granted the injunction. The decree was affirmed on the …

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Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold May 1933

Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold

Michigan Law Review

A recent English case decided in the Court of Appeal, In re Société lntercommunale Belge D'Eléctricité, Feist v. The Company, suggests questions of interesting application to American constitutional law. In that case a debtor's obligation specified payment "in sterling in gold coin of the United Kingdom of or equal to the standard of weight and fineness existing on September 1, 1928." When payment became due, however, gold was no longer available - England had discontinued gold payments and left the gold monetary standard, gold was subject to being commandeered by the government, and gold coins were redeemable at …

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Subrogation -An Equitable Device For Achieving Preferences And Priorities Apr 1933

Subrogation -An Equitable Device For Achieving Preferences And Priorities

Michigan Law Review

Courts are seldom embarrassed in modern times by the poverty of their resources. On the contrary, with the multiplication of "substantive law" formulae and of new procedural devices, their difficulties more often result from the embarrassment of overwhelming riches. This statement may be best illustrated by a brief review of the equitable devices for achieving preferences and priorities, which have developed so rapidly within the last fifty years and have surmounted almost completely the artificial barriers of legal doctrine. In this field the chief effort of the courts must now be not to develop new machinery, but to reexamine the …

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Public Policy And The Arrest Of Felons, John Barker Waite Apr 1933

Public Policy And The Arrest Of Felons, John Barker Waite

Michigan Law Review

Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …

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Control Of Securities Selling, Watson Washburn Apr 1933

Control Of Securities Selling, Watson Washburn

Michigan Law Review

President Roosevelt in his inaugural address stated as one of the most important immediate necessities of the country "a strict supervision of all banking and credits and investments." This statement is in line with his campaign criticism of the failure of the Republican national administration to check the inordinate inflation of security prices in 1929. There is no doubt that the President's program in this respect received a sympathetic hearing throughout the country. Many state legislatures are now considering changes in state laws regulating securities. It is interesting that some States with rigid blue sky laws seem to be quite …

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Federal Trade Commission - False And Misleading Advertising Apr 1933

Federal Trade Commission - False And Misleading Advertising

Michigan Law Review

The law provided neither practical remedies nor suitable means of preventing false and misleading advertising before the passage of the Federal Trade Commission Act in 1914. The doctrine of caveat emptor had long prevented the effectual protection of misled customers and of competitors consequently injured. True, competitors could enjoin or recover damages-for injury by misleading advertising which took the form of common law "unfair competition." The courts had found no great difficulty in extending established common law principles to make unlawful such obvious violations of the proprietary rights of particular competitors as "simulation" and "disparagement." Although there is little question …

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Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases Apr 1933

Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases

Michigan Law Review

The defendant was indicted under a criminal statute making it a misdemeanor for agents and officers to transact business for any foreign corporation which had failed to comply with certain statutory requirements for conducting business in Maryland. The trial judge instructed the jury that if they believed the evidence to he true he was of the opinion that the defendant was an agent within the meaning of the statute. He cautioned them, however, that they were by article 15, sec. 5, of the constitution made judges of the law as well as fact and that his opinion as to the …

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Book Notes And Notices Apr 1933

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law.

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Practice And Procedure - Conditional Judgments At Law - Validity And Advantages Mar 1933

Practice And Procedure - Conditional Judgments At Law - Validity And Advantages

Michigan Law Review

Some modern courts have asserted and many lawyers have assumed that in common law actions a court can not render a judgment conditional in form. It is argued that the court is without jurisdiction so to decide a case, and that in any event the common law has never recognized such a form of judgment as valid. The first point is not so difficult to disprove, and the second, so far as actual decision is concerned, is clearly incorrect." In several early cases common law courts were willing not only to stay execution of judgments until conditions were performed, but …

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Undiscovered Fraud And Statutes Of Limitation, John P. Dawson Mar 1933

Undiscovered Fraud And Statutes Of Limitation, John P. Dawson

Michigan Law Review

Statutes of limitation are framed in terms of the interval between the accrual of a "cause of action" and the filing of suit. How far is the operation of this mathematical formula varied by the circumstance that the existence of the cause of action was for some time unknown to the suitor? In most American States statutes have given a partial answer to the question, but in uncertain terms. There, as well as in States where statutes are silent, an effort to provide a full and final answer would face a tangled web of history and legal doctrine, interwoven with …

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Corporations - Interference With The Internal Affairs Of A Foreign Corporation Mar 1933

Corporations - Interference With The Internal Affairs Of A Foreign Corporation

Michigan Law Review

The quaint cliché, "interference with the internal affairs of a foreign corporation," has sufficiently dominated judicial decisions to merit an exalted place in what Justice Cardozo has called "the tyranny of tags and tickets." A frequently adopted analysis for the purpose of determining whether the court will hear the cause allegedly involving internal affairs confines the inquiry of the court to the application of a test laid down by the Maryland court about a half century ago.

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Appeal And Error - Application For Separate Trials - Nature Of Order Denying Mar 1933

Appeal And Error - Application For Separate Trials - Nature Of Order Denying

Michigan Law Review

The decedent was riding with his brother as a guest when a collision with another automobile caused his death. The executrix of his estate sued his brother and the driver of the other car jointly. The defendants were suable jointly for their concurring negligences but a statute authorized the court in its discretion to allow separate trials. Upon an appeal from an order overruling an application by the defendants for separate trials the court held that it was an "intermediate order involving the merits or materially affecting the final decision" and thus directly appealable. Manley v. Paysen, (Iowa 1932) …

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Book Notes And Notices Mar 1933

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law.

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Workmen's Compensation - Dependents - Children Born After The Injury Feb 1933

Workmen's Compensation - Dependents - Children Born After The Injury

Michigan Law Review

A proceeding was brought under the workmen's compensation act of Virginia by the widow of a deceased employee on behalf of herself and children. Between the date of the injury and death of the employee he became the father of two children for whom compensation is now sought. The Industrial Commission denied them compensation, and in affirming the decision the supreme court held that under the Virginia statutes a person is entitled to compensation only if "dependent at the time of injury," hence the two children are not dependents within the statute and are not entitled to compensation. Hotton, Brown …

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Banks And Banking -Trust Companies - Deposit Of Trust Funds By Corporate Trustee In Own Banking Department Feb 1933

Banks And Banking -Trust Companies - Deposit Of Trust Funds By Corporate Trustee In Own Banking Department

Michigan Law Review

The appearance of the corporate fiduciary, the trust company, in the modern banking and business world has, because of its peculiar composite structure, been attended by some confusion in the application to it of certain rules designed for the administration of trusts by private persons as trustees. The trust company maintains a department which acts as trustee, executor under wills, and in such other capacities as a natural fiduciary might assume; and in addition there usually exists, within the same corporate structure, a commercial and savings banking business. Each of these departments is capable of dealing with the other as …

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Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes Feb 1933

Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

All civilized States, in the interest of an efficient administration of justice, have felt compelled to fix time limits beyond which access to their courts would be denied to aggrieved parties. Interest reipublicae ut sit finis litium. This was true even of Roman law in which actions were normally perpetual. Since the limitations enacted by various legislatures differ widely, and since debts are transitory, permitting suit wherever the creditor can find the debtor (at least in countries where the Common Law prevails), it is of the first practical importance that definite rules of Conflict of Laws be evolved to …

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The Value Of Sociology To Law, Robert C. Angell Feb 1933

The Value Of Sociology To Law, Robert C. Angell

Michigan Law Review

There has been a good deal said about a sociological approach to law and, as time goes by, more and more attempts are being made to turn words into action. There is a definite trend toward the tise of the sociologist, his research methods, his findings, or his body of principles by those concerned with the law. It may not be amiss, therefore, for a sociologist to inquire what the possibilities of this trend really are. Though, in certain respects, he may be less well equipped for this task than the student of law, he at least has the advantage …

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International Law Problems In The Extradition Of Samuel Insull Feb 1933

International Law Problems In The Extradition Of Samuel Insull

Michigan Law Review

Considerable interest was aroused by the press announcement of October 4, 1932, that Samuel Insull, former utilities magnate, had been indicted by an Illinois grand jury on charges of embezzlement and larceny and that his extradition from France, where he was then sojourning, would be requested. The seventy-four year old fugitive displayed unusual vigor in surreptitiously leaving Paris by train for Italy, where he boarded an airplane for Greece. He arrived in Athens on October 9, 1932, just one day after the request for his extradition reached Paris. On the following day he was arrested by the Greek authorities on …

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