Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 16531 - 16560 of 18711

Full-Text Articles in Entire DC Network

Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality Mar 1935

Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality

Michigan Law Review

In connection with the performance of a contract with the federal government, the plaintiff corporation was required to pay a state sales tax on lumber, cement, steel and other materials used in the construction work. An action was brought to enjoin the collection of the tax and to have it declared unconstitutional as impeding and hampering the federal government in the performance of its governmental functions, and as depriving the plaintiff of its property without due process of law. Held, the plaintiff is not a proper party to raise the question of the constitutionality of the tax: first, because …

Go to article

Bills And Notes - Execution Of Instruments By Agents - Liability Under N.I.L. Mar 1935

Bills And Notes - Execution Of Instruments By Agents - Liability Under N.I.L.

Michigan Law Review

The liability of parties on negotiable instruments executed by agents or representatives is a matter which has not been satisfactorily settled by the cases under the N.I.L., due partly to the ambiguity of the statute itself and partly to the obstinate refusal of some courts to adopt the approach of the ordinary business man. Under the law merchant the agent ran a great risk of personal liability in executing a negotiable instrument unless he was careful to spell out that he was signing for a named principal as agent only. If he merely added to his name the phrase "agent …

Go to article

Evidence-Use Of Photostatic Copies In Proving Books Of Account-Model Statute Feb 1935

Evidence-Use Of Photostatic Copies In Proving Books Of Account-Model Statute

Michigan Law Review

Private records, books of account, and documentary evidence in general present an evidenciary problem in litigation if one, in proving his case, must use the records and books of account of a third person outside the jurisdiction of the forum. A subpoena duces tecum is limited to the boundaries of the state of the forum. Written evidence in the hands of a third person outside the state where the litigation is being pursued can only be obtained by permission of the owner, and even if the owner does permit the transportation of records and books of account necessary to the …

Go to article

Corporations-Trust Indenture-Notice To Security Holders Of Contents Of Indenture Feb 1935

Corporations-Trust Indenture-Notice To Security Holders Of Contents Of Indenture

Michigan Law Review

Ever since corporate bonds made their appearance more than a century ago, there has been a steady increase in difficult problems relating thereto. Not the least interesting of these problems pertains to the matter of notice to holders of the bonds and other securities of the contents of the indenture under which they are generally issued. The question becomes acute when one of these bondholders starts suit in law or in equity, and is met by the proposition that his right to so sue is limited by the trust indenture. There are two aspects to the matter, and it is …

Go to article

Corporations -De Facto Existence Of Corporations Where Charter Expired Feb 1935

Corporations -De Facto Existence Of Corporations Where Charter Expired

Michigan Law Review

After expiration of its charter the defendant corporation, which had been operating under the name of "Trustees of the Young Harris Institute," continued to conduct the business for which it was incorporated, holding itself out to the public as a corporate entity under the name of "Young L. G. Harris College." Plaintiff sued on a contract for goods and services furnished to defendant as "Young L. G. Harris College." Held, defendant is a de facto corporation and cannot escape liability on the ground that there was in fact no legal corporation by the name of "Young L. G. Harris …

Go to article

The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens Feb 1935

The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens

Michigan Law Review

It will be the purpose of this article to attempt (1) a chronological survey of the previous Supreme Court cases relating to alleged delegations of legislative power, and (2) an analysis and discussion of the Panama Refining Co. decision in the light of this background. No discrimination is made between delegations of state and of federal legislative power, as the Supreme Court makes no such discrimination.

Go to article

Foreign Enforcement Of Actions For Wrongful Death, William H. Rose Feb 1935

Foreign Enforcement Of Actions For Wrongful Death, William H. Rose

Michigan Law Review

Actions for wrongful death have a long history in the common law. Homicide was once a private matter giving rise to the blood feud and later to the wergild, whereby a money substitute replaced private warfare. With the development of criminal law the crown took jurisdiction over all killings. At a time when all felonies carried with them the death penalty, forfeiture of chattels and escheat of lands, the right to sue for wrongful death was scarcely of practical importance. This was especially so since felony included negligent killing, and even an accidental killing required the king's pardon if …

Go to article

Creation Of Government Corporations By The National Government, Maurice S. Culp Feb 1935

Creation Of Government Corporations By The National Government, Maurice S. Culp

Michigan Law Review

The federal government has until recently made very little use of the corporation as an agency for executing the laws of Congress. Early in the course of our national development the federal government chartered banks and shared in their ownership, utilizing them in the fiscal operations of the treasury. At various other times the federal government has chartered other corporations under some power granted by the Constitution, particularly railroad corporations under the commerce power. Beginning with the World War the corporate form of administrative agency was utilized to avoid difficulties which would arise if the execution of the war-time activities …

Go to article

Banks And Banking - Priorities On Insolvency Of Bank Feb 1935

Banks And Banking - Priorities On Insolvency Of Bank

Michigan Law Review

Plaintiff, clerk of court, deposited in a reputable bank a compensation award known by the bank to be such, pending review in an appropriation proceeding. On the insolvency of the bank, plaintiff sued for the immediate payment of the deposit in full, claiming a preference because: (a) "a special deposit, constituting a trust, was created"; (b) the unauthorized and, consequently, unlawful deposit-of any trust fund in a bank which knows the nature of the fund impresses a trust on the bank. Held, plaintiff was not entitled to a preference over the other depositors in the bank. Busher v. Fulton …

Go to article

Book Notes, Michigan Law Review Feb 1935

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.

Go to article

Taxation-Constitutional Limitations On Sales Taxes Feb 1935

Taxation-Constitutional Limitations On Sales Taxes

Michigan Law Review

There are twenty-three states having general sales tax statutes today. For the most part these statutes have been prompted by the recent economic depression as emergency measures. Most of them are license or privilege taxes, and are of two classes: those of the first type are sales taxes in name only, and consist of taxes upon the privilege of engaging in various occupations, of which selling personal property is but one; those of the second type are taxes solely upon the privilege of selling personal property at retail. Such taxes have met with considerable opposition in the form of litigation, …

Go to article

Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges Jan 1935

Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges

Michigan Law Review

The Public Service Commission of Kansas issued an order directing nine local gas companies to cease setting up as an item of operating expense more than a certain amount for gas being furnished the companies by an interstate pipe line company. The nine distributing companies and the pipe line company, all of which were affiliated companies within the meaning of a Kansas statute and ultimately controlled by the same holding company, secured an injunction in the three-judge federal court, and the commission appealed to the United States Supreme Court. Held, that the injunction should not have been granted. State …

Go to article

Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl Jan 1935

Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl

Michigan Law Review

Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate …

Go to article

Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore Jan 1935

Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore

Michigan Law Review

The steps which have recently been taken, both through federal and state legislation, to regulate trade practices by outlawing what have been denominated "unfair methods of competition" have brought to the fore a problem that has vexed lawyers and legal writers for a long time. The question is whether a competitor who has been injured as a result of a rival's use of one of the condemned methods of competition can maintain any action either at law or in equity against the wrongdoer. Contrary to what has always been the practice in drafting so-called "anti-trust" laws, the legislation dealing with …

Go to article

Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B. Jan 1935

Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B.

Michigan Law Review

The historical classification of actions for personal injuries as transitory imposes no limitation upon the prosecution of foreign suits, either by reference to the residence of the parties or the place in which the action arises. Whenever jurisdiction of the person of the defendant is obtained, the power to hear and determine this type of tort action inheres in every court having jurisdiction of the subject matter. An extreme application of the doctrine of the transitory character of personal actions is not infrequently permitted under the statutes as to venue, wherever suits between parties, all of whom are nonresidents of …

Go to article

Bills And Notes-Bonds Payable At Office Of Trustee Which Becomes Insolvent After Deposit According To Agreement But Before Bonds Presented, Ralph W. Aigler Jan 1935

Bills And Notes-Bonds Payable At Office Of Trustee Which Becomes Insolvent After Deposit According To Agreement But Before Bonds Presented, Ralph W. Aigler

Michigan Law Review

By the terms of a trust mortgage securing a large bond issue the debtor agreed that it would punctually pay the principal and interest of every bond according to the terms of the bond and coupons and would "deposit the necessary funds for such purpose with the trustee at least five days prior to the respective due dates." For the maturities of March 1st and September 1st, 1931, the requisite funds were deposited. Plaintiff's coupons of March and his bonds and coupons of September were not presented on the due dates and not until after the trustee had failed and …

Go to article

Criminal Law And Procedure -Automobiles -Violation Of Traffic Regulations - Liability Of Registered Owner Jan 1935

Criminal Law And Procedure -Automobiles -Violation Of Traffic Regulations - Liability Of Registered Owner

Michigan Law Review

A traffic ordinance of the city of Boston provided, "No person shall allow, permit, or suffer any vehicle registered in his name to stand or park in any street . . . in violation of any of the rules and regulations of the Traffic Commission of the City of Boston." Under this ordinance defendant, the registered owner of a car, was convicted of overtime parking without any evidence that she herself had parked the vehicle. Defendant appealed. Held, under an ordinance such as this absence of criminal intent makes no difference and the registered owner is criminally liable. Commonwealth …

Go to article

Public Officers-Sheriff's Removal From Office- Use Of Third Degree Jan 1935

Public Officers-Sheriff's Removal From Office- Use Of Third Degree

Michigan Law Review

In a quo warranto proceeding instituted under a Kansas statute providing that an officer of this state "who shall willfully misconduct himself in office, or who shall willfully neglect to perform any duty enjoined upon such officer by any of the laws of the state . . . shall forfeit his office and shall be ousted from such office," it was held, that a sheriff who assaulted and used other third degree practices on a prisoner to force a confession from him had misconducted himself in office and should be removed. State ex rel. Boynton v. Jackson, (Kan. …

Go to article

Trade Marks- Use Of Same Mark On Dissimilar Goods Jan 1935

Trade Marks- Use Of Same Mark On Dissimilar Goods

Michigan Law Review

The defendant began to manufacture and sell mechanic's hand soap, adopting the word "Par" as a trade-mark. Within the same year the plaintiff corporation, ignorant of the defendant's prior use of the word "Par," adopted the same trade-mark for its granulated laundry soap. Thereafter the defendant, assuming the name "Par Soap Co.," began to market a granulated laundry soap under the same trade-mark, "Par." Each party prayed for an injunction against infringement by the other. Held, the defendant acquired a common-law trade-mark as applied to mechanics' hand soap but not the right to extend it to the whole field …

Go to article

Waters And Watercourses - Percolating Waters - Pollution Jan 1935

Waters And Watercourses - Percolating Waters - Pollution

Michigan Law Review

Defendant operated an oil refinery and deposited waste therefrom on his land. The percolating waters under his land were a part of the supply for the plaintiff's well on adjoining land. These waters were contaminated and rendered plaintiff's well water unfit for human or livestock consumption. Held, that in the absence of negligence this was not a nuisance, but was damnum absque injuria. Rose v. Socony-Vacuum Corp., (R. I. 1934) 173 Atl. 627.

Go to article

Book Notes, Michigan Law Review Jan 1935

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.

Go to article

Descent And Distribution - Inheritance As Affected By Heir's Murder Of Deceased Jan 1935

Descent And Distribution - Inheritance As Affected By Heir's Murder Of Deceased

Michigan Law Review

Albert Tarlo shot and killed his wife while she slept, then killed his daughter, and next killed himself. He survived the wife and daughter by a few hours. The daughter left no will, and by the statute of distribution her property went to the father. A statute provided in effect that no one who should be "finally adjudged guilty" of murder should be allowed to take as heir or next of kin of the person killed. Held, that the father's estate might take the daughter's estate by inheritance. In re Tarlo's Estate, 315 Pa. 321, 172 Atl. 139 …

Go to article

The Economic Aspects Of Inflation, Leonard L. Watkins Dec 1934

The Economic Aspects Of Inflation, Leonard L. Watkins

Michigan Law Review

In every large industrial country there is a considerable group that urges inflation as a path to national prosperity. They have made least impression on monetary policies in countries that experienced severe inflation during the war and post-war years. But in the United States, where war-time inflation was relatively moderate and where losses in the recent depression have been especially severe, inflationary measures have been adopted and agitation persists for the adoption of still more radical policies.

Go to article

Effects Of Inflation On Private Contracts: Germany, 1914-1924, John P. Dawson Dec 1934

Effects Of Inflation On Private Contracts: Germany, 1914-1924, John P. Dawson

Michigan Law Review

The German experience with inflation is unique not only in the magnitude of the ultimate disaster but in the wealth and variety of the record which it left behind. From that experience we may still learn much. The problems presented at successive stages of the German inflation differ in degree but not in kind from those which appear in any major shift in the general level of prices. The devices, legal and economic, for restoring an equilibrium thus destroyed must be essentially the same in any great country organized, as Germany was, for specialized, large-scale production. From a study of …

Go to article

Federal Regulation Of Motor Carriers, Paul G. Kauper Dec 1934

Federal Regulation Of Motor Carriers, Paul G. Kauper

Michigan Law Review

Regulations pertaining to public safety include such matters as requirements concerning drivers' licenses, safety equipment, clearance lights, maximum speed limits, and others of a similar nature. It has already been pointed out that the states in the absence of federal regulation can enforce safety regulations of this kind against interstate motor carriers. It has also been shown that federal regulation in this field is desired in order to relieve interstate motor carriers from diverse and conflicting state laws. The only limitation upon the right of the federal government to impose such regulations upon interstate motor carriers is the general requirement …

Go to article

Banks And Banking - Bank Stock Holding Company As Fraud On Double Liability Statute Dec 1934

Banks And Banking - Bank Stock Holding Company As Fraud On Double Liability Statute

Michigan Law Review

The question as to when, to prevent evasion of a statutory liability, a court will look behind a corporate entity in order to hold individual stockholders liable has been raised in two recent cases. The first, a federal case, involved the Detroit Bankers Company, a Michigan corporation formed for the purpose of holding and investing in bank stocks. Each corporate stock certificate of the holding company contained an "agreement" that the holder of the stock would be liable for his pro rata share of any assessment for which the corporation might become liable as a result of the failure of …

Go to article

Corporations-Tort Liability Of Independent Taxi Owners' Associations Dec 1934

Corporations-Tort Liability Of Independent Taxi Owners' Associations

Michigan Law Review

(a) In order to meet the competition of the large taxicab companies a number of taxi drivers owning their own cabs join together to advertise under a common name, establish a more efficient phone service, and secure the benefits of large-scale garage service. For this purpose a non-profit-sharing corporation is organized, to the expenses of which each driver contributes initiation fees and dues. (b) In order to avoid the liabilities which attend the ownership of cars one of the large taxi companies sells its cabs to the drivers. The drivers now pay the company a certain compensation in "dues" for …

Go to article

Aliens-Right Of Illegally Present Alien To Sue-Tortsplaintiff's Violation Of Statute Dec 1934

Aliens-Right Of Illegally Present Alien To Sue-Tortsplaintiff's Violation Of Statute

Michigan Law Review

The plaintiff was injured when struck by an automobile operated on the public way by defendant Long. He brought two suits in tort, one against Long, the other against Adamski, the owner of the car. Defendants contested his right to sue on the ground that he was in the country admittedly in violation of the immigration laws. They offered the further objection that his illegal presence made him a trespasser on the highway, and hence, under the Massachusetts doctrine, he was ineligible to maintain a suit arising from mere negligence. Held, plaintiff's unlawful residence in the country was no …

Go to article

Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause Dec 1934

Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause

Michigan Law Review

An indictment under the penalties clause of the Home Owners Loan Corporation Act, brought before the promulgation of authorization of charges for services rendered, was dismissed on the ground that, prior to such authorization, the act was not sufficiently definite to satisfy the Sixth Amendment to the Constitution of the United States. United States v. Willard, (D. C. W.D.Mich.No.4057, September 27, 1934) 2 U.S.LAW WEEK, index p. 99.

Go to article

Innkeepers - Statutory Construction - Hospital As Hotel Dec 1934

Innkeepers - Statutory Construction - Hospital As Hotel

Michigan Law Review

Plaintiff hospital claimed a lien upon the personal effects of a deceased patient left in their possession. An Iowa statute defines a hotel, for the purposes of its operator's lien, as including "inn, rooming house, and eating house, or any structure where rooms or board are furnished, whether to permanent or transient occupants." The term "guest" is defined to include "any legal occupant of any hotel as herein defined." Held, that "structure" as used in the statute refers to one used for the entertainment of ordinary individuals, as in the case of the structures enumerated; and that a hospital, …

Go to article

First Prev Next Last