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University of Michigan Law School

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Libel And Slander-Necessity For Allegation Of Special Damages In Action For Defamation Not Shown Libellous Per Se, Elbridge D. Phelps Jan 1937

Libel And Slander-Necessity For Allegation Of Special Damages In Action For Defamation Not Shown Libellous Per Se, Elbridge D. Phelps

Michigan Law Review

Plaintiff, a member of the bar, sued to recover damages for an alleged libel committed by defendant by maliciously failing to rate him in its annual directory, though continuing to carry his name, after having both carried his name and rated him for many years previously. Held, that the publication was not libellous per se, and that therefore special damages beyond a general allegation of injury to professional reputation, business, and practice must be alleged and proved to show a cause of action on demurrer. Ellsworth v. Martindale-Hubbell Law Directory, Inc., (N. D. 1936) 268 N. W. 400.

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Trusts-Breach By Trustee--Liability Of Trustee Taking Title To Note And Mortgage In Individual Name, Milton M. Howard Jan 1937

Trusts-Breach By Trustee--Liability Of Trustee Taking Title To Note And Mortgage In Individual Name, Milton M. Howard

Michigan Law Review

A corporate trustee, authorized to invest trust funds in mortgage loans, made such an investment, taking title to the mortgage and note securing the same in its individual name. The beneficiary sought to surcharge the trustee for the full amount of the funds so invested, the property having declined in value due to a world-wide depression. The trustee defended on the ground that the trust had been declared in a separate instrument recorded in its files, that such was an established practice, that it acted on expert advice, in good faith and for the best interests of the beneficiary. Held …

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Monthly Periodical Index, Michigan Law Review Jan 1937

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-four leading law reviews.

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Front Matter, Michigan Law Review Jan 1937

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 35, Issue 3 of Michigan Law Review

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Commission Jurisdiction Over Utility Cooperatives, Israel Packel Jan 1937

Commission Jurisdiction Over Utility Cooperatives, Israel Packel

Michigan Law Review

A group of farmers desire electricity. They propose to form a cooperative, to borrow money and to construct electric distribution lines. They probably will incorporate the cooperative as a stock or non-stock corporation in order to obtain the benefit of limited liability. The cooperative might be formed under a statute specifically enacted to authorize the formation of cooperatives or under a general incorporation statute. Normally, the charter of the cooperative will provide for equality in control by the members or shareholders and for a limited return or no return on capital investment. The cooperative will probably apply to the Federal …

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Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton Jan 1937

Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton

Michigan Law Review

It is the purpose of this comment to discuss the validity under the Federal Constitution of an indictment, drawn in accordance with the proposed code, which would merely accuse the defendant of having committed some kind of "offense," and would leave the particulars of the offense to a bill of particulars.

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Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen Jan 1937

Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen

Michigan Law Review

Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …

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Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review Jan 1937

Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review

Michigan Law Review

Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …

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Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps Jan 1937

Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps

Michigan Law Review

Defendant was convicted of violating an ordinance of the City of Long Beach. That ordinance related exclusively to the barber trade and made it a misdemeanor, punishable by fine or imprisonment or both, to advertise prices of services in any publication, handbill, or notice whatsoever, provided, however, that prices might be displayed within a barber shop in such manner as not to be visible from the outside, and provided further that no advertising of prices should be allowed on the windows or on the outside of the shop, or on the adjacent sidewalk or street. Held, the ordinance was …

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Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard Jan 1937

Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard

Michigan Law Review

On a bill of complaint being filed in chancery court an injunction was issued against the defendant therein, and the papers in the cause were ordered suppressed by the chancellor, and to that end, sealed in an envelope. The bill alleged misrepresentation on the part of a leading banker in getting stockholders to contribute toward making up the defalcations of other officers in the bank and malfeasance of other officers. Defendant newspaper reporter obtained information relative to the allegations in the bill from sources other than the suppressed file and published the same nine months later. Upon citation for contempt, …

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Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee Jan 1937

Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee

Michigan Law Review

The United States Government condemned certain lands of the petitioners on the island of Oahu for a federal public purpose. Although the owners of the lands had for many years used them mainly for cattle raising, they had in view the ultimate use of them for the growing of sugar cane. The petitioners offered to prove that over 3,000 acres of the tract were suitable for the growing of sugar cane due to the climate and contour of the land. They further offered to prove that on other lands owned by them a water source was available from which water …

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Injunctions - Interest Necessary To Enjoin The Practice Of A Profession Without A License, Michigan Law Review Jan 1937

Injunctions - Interest Necessary To Enjoin The Practice Of A Profession Without A License, Michigan Law Review

Michigan Law Review

Three individual plaintiffs, as registered optometrists, and the Michigan Society of Optometrists, on behalf of themselves and duly registered members of their profession, filed a bill to enjoin the defendant corporation from violating a section of the Michigan Optometrical Act, and to specifically enjoin the advertisement of glasses and using in connection with such advertisement the statement, "Scientific eye examination included." Held, suit may be brought by parties engaged in a profession to enjoin unfair trade and practice even though such practices are punishable by criminal penalties. Seifert v. Buhl Optical Co., 276 Mich. 692, 268 N. W. …

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Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps Jan 1937

Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps

Michigan Law Review

Petitioners, husband and wife, residents of Texas, made returns of community income for the year 1932, listing as exempt the salary of the wife who was superintendent of a non-profit cafeteria system operated by the Ft. Worth public schools for the exclusive patronage and benefit of teachers and students. The Commissioner of Internal Revenue refused the exemption and levied a deficiency tax of $105. On appeal from an affirmance of the commissioner's decision by the Board of Tax Appeals, held, reversed on the ground that the operation of the cafeteria system was a proper exercise of a governmental function …

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Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson Jan 1937

Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson

Michigan Law Review

Section 51 of the New York Civil Rights Law provides that: "Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . " Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique …

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Book Notes, Michigan Law Review Jan 1937

Book Notes, Michigan Law Review

Michigan Law Review

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

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Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review Jan 1937

Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review

Michigan Law Review

A parent corporation owned all the stock of a subsidiary which it had organized to hold real estate, its own business being mercantile. The directors and officers of both corporations were identical. The subsidiary sublet premises for ninety-nine years, in turn leasing them to the parent for ten years. Improvements were made in accordance with the subsidiary's contract, and "leasehold trust certificates" were issued by an assignee of the underlying lease. The parent quit the premises before the expiration of its lease, but paid the rent for the whole period. The subsidiary then defaulted on the ninety-nine year lease, having …

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Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson Jan 1937

Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson

Michigan Law Review

In a proceeding for judicial process to compel defendant to obey a subpoena duces tecum issued by the United States Board of Tax Appeals, defendant asserted that the documents called for were irrelevant to the issue involved, and that the subpoena was a violation of the Fourth Amendment to the Federal Constitution. Held, a witness is not entitled to resist a subpoena for mere incompetency or irrelevancy. To question admissibility, the papers must be so manifestly irrelevant as to make it plain that it is a mere "fishing expedition." One paragraph of the subpoena was declared invalid, as lacking …

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Section 77b, The Chandler Bill And Other Proposed Revisions, John Gerdes Jan 1937

Section 77b, The Chandler Bill And Other Proposed Revisions, John Gerdes

Michigan Law Review

Section 77B of the Bankruptcy Act has been in effect since June 7, 1934. Its novelty and recognized importance in the field of corporate reorganizations have aroused great interest and wide discussion. The attention which it has received has brought to the fore criticisms of many aspects of the statute.

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Corporations - Capital, Capital Stock And Stock, Frederick K. Brown Dec 1936

Corporations - Capital, Capital Stock And Stock, Frederick K. Brown

Michigan Law Review

The recent case of Haggard v. Lexington Utilities Co. is typical of the nominalistic confusion occasioned by the use of the terms "capital" and "capital stock." Whatever progress the courts have made toward making them words of precise signification has not been reflected in the drafting of statutes, where they are employed to represent a bewildering number of connotations. The courts have recognized this and have not sought to make them words of art with a single, definitive meaning but through the mechanics of statutory interpretation have sought to divine the legislative intent.

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Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow Dec 1936

Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow

Michigan Law Review

One of the most vexing problems which confronts a police officer investigating a crime is to determine how far he may go in seizing goods from the possession either of the person accused of the crime or of some other person. To him it is important not only as it may affect law suits against him for invasion of possessory rights, but also to make the goods thus seized admissible in evidence. To the individual this problem is important in securing full protection against unwarranted invasions of his possession. It is elementary in our legal system that the possessory rights …

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Book Notes, Michigan Law Review Dec 1936

Book Notes, Michigan Law Review

Michigan Law Review

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

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The Proposed United States Administrative Court, Robert M. Cooper Dec 1936

The Proposed United States Administrative Court, Robert M. Cooper

Michigan Law Review

The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …

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Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart Dec 1936

Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart

Michigan Law Review

The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.

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Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz Dec 1936

Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz

Michigan Law Review

Defendant union picketed in an orderly manner to secure the cooperation of plaintiff's employees in the unionization of his open shop establishment. Plaintiff had apparently been unopposed to such unionization but, when his employees failed to respond to defendant's solicitations, had declined to encourage it in any way. Held, defendants, their agents, etc., enjoined from picketing plaintiff's place of business. Safeway Store, Inc. v. Retail Clerks' Union, 184 Wash. 322, 51 P. (2d) 372 (1935).

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Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review Dec 1936

Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review

Michigan Law Review

Defendant had a picture of plaintiff actress on display at the entrance to his burlesque theater. Plaintiff was not employed by the defendant and was not performing there. Held, that the publication could be found to have been made of and concerning the plaintiff even if the defendant knew nothing about the plaintiff. Louka v. Park Entertainments, Inc., (Mass. 1936) 1 N. E. (2d) 41.

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Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt Dec 1936

Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt

Michigan Law Review

Defendant was convicted of violating the liquor laws. He complained of the trial court's refusal to instruct the jury that greater care should be used in weighing the evidence of police officers than that of other witnesses. Held, such an instruction was properly refused because the witnesses were regular members of the city police force. McCartney v. State, 129 Neb. 716, 262 N. W. 679 (1935).

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Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review Dec 1936

Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review

Michigan Law Review

Decedent, who was an employee of respondent, was found dead in respondent's store with a rope around his neck and legs. The doctor found that death was caused by asphyxiation by hanging. The deputy commissioner held that petitioner had not sustained the burden of proving that decedent met with an "accident arising out of and in the course of" employment, and that the mere finding of the body of an employee on the premises of an employer will not alone raise a presumption that there was an "accident arising out of and in the course of" the employment. Dietz v. …

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Monthly Periodical Index, Michigan Law Review Dec 1936

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-four leading law reviews.

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Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife Dec 1936

Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife

Michigan Law Review

Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …

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Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee Dec 1936

Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee

Michigan Law Review

After foreclosure in Florida of a purchase money mortgage on Florida land, the mortgagee filed a claim for the deficiency against the estate of one of the co-mortgagors, who was a permanent resident of Michigan, and who had been served only by publication in the foreclosure suit. In the foreclosure proceedings the mortgagee had prayed for a deficiency decree, and the Florida court had retained jurisdiction for that purpose, after ordering the sale. The mortgagee had taken no further steps in that proceeding. Held, the Florida law was controlling, and that by Florida statutes, as construed by the courts …

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