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University of Michigan Law School

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Trusts - For Employees - Definiteness Of Cestui Jun 1933

Trusts - For Employees - Definiteness Of Cestui

Michigan Law Review

The testator by his last will and testament devised a saw mill owned by him to certain trustees, the will reading, "I suggest that my said trustees sell the mill" for a specified price about half the estimated value of the property to a corporation to be organized by "my employees." There was a further provision reading, "I suggest that all the employees who have been in my employment for five years or longer should hold stock in such corporation, should they so desire in such proportions as my trustees shall presence." After the corporation had been organized, the incorporators …

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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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Book Notes And Notices Jun 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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State Regulation Of Interstate Motor Carriers, Paul G. Kauper May 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …

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Fraudulent Concealment And Statutes Of Limitation, John P. Dawson May 1933

Fraudulent Concealment And Statutes Of Limitation, John P. Dawson

Michigan Law Review

In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …

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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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Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose May 1933

Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose

Michigan Law Review

The defendant owned property next to a lake which he subdivided into residential lots for the purpose of establishing a summer resort colony. In 1924 he sold one of the lots some distance back from the lake to the plaintiff, and during the negotiations for such sale it was represented that all the lots which bordered on the lake, both in front of and on both sides of the plaintiff's lot, would be improved as a park, that no buildings would be put upon them, and that the plaintiff would have a quiet summer home with an unobstructed view of …

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Book Notes And Notices May 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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Taxation - Priority Of Realty Taxes In Receivership May 1933

Taxation - Priority Of Realty Taxes In Receivership

Michigan Law Review

The question of the priority of realty taxes has seldom arisen in receiverships, for the statutes in practically every jurisdiction have made the tax a lien on the land. The statutes are so worded that the tax lien takes precedence over mortgages, labor liens, and all other forms of encumbrances and claims. In times of greatly depleted land values it may happen that the unpaid taxes amount to more than the market value of the property. In such a case is the State to be treated as a general creditor for the amount of the deficiency or is it to …

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Actions-Single Injury To Person And Property As One Cause Of Action May 1933

Actions-Single Injury To Person And Property As One Cause Of Action

Michigan Law Review

The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …

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Constitutional Law-Federal Instrumentality- Mcculloch V. Maryland In Canada And Australia, Alden L. Powell Apr 1933

Constitutional Law-Federal Instrumentality- Mcculloch V. Maryland In Canada And Australia, Alden L. Powell

Michigan Law Review

The British North America Act of 1867 expressly exempts from taxation certain governmental instrumentalities. Section 125 of that Act provides that "no Lands or Property belonging to Canada or any Province shall be liable to taxation." This restriction applies to both Dominion and Provincial governments. W. H. P. Clement writes that this provision was a precautionary measure "to prevent the Dominion from levying taxes for federal purposes upon property held by the Crown for provincial purposes, and vice versa. It would operate no doubt to exempt from custom's duties goods purchased abroad by a provincial government. . . . " …

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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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Constitutional Law - Due Process And Equal Protection - Freedom Of Contract Apr 1933

Constitutional Law - Due Process And Equal Protection - Freedom Of Contract

Michigan Law Review

Plaintiff denied the constitutionality of a statute declaring every settlement of a personal injury claim, retainer, or employment contract, made while the person injured is under disability from the effect of the injury, or within thirty days after the date of the injury, voidable at the option of the injured party within six months after the date of the injury. Held, that such a statute is constitutional, being neither a deprivation of property without due process of law nor a denial of the equal protection of the law. Peterson v. Panovitz, (N. D. 1932) 243 N. W. 798.

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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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Finders -Lost Article In Taxicab Apr 1933

Finders -Lost Article In Taxicab

Michigan Law Review

X and Y, government agents, were taking A and B, bribery suspects, to the station in a taxicab. X thought he saw A drop something on the floor. When the cab reached its destination X picked up, from under the collapsible seat, a roll of bills, the ownership of which A denied. The bills were subsequently used in evidence against A and B. Petitioner, the driver of the cab, now claims the money on the ground that it was found on the floor of his cab and the real owner had not appeared. Held, petition dismissed because …

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Future Interests-Rule In Shelley's Case Apr 1933

Future Interests-Rule In Shelley's Case

Michigan Law Review

In a recent North Carolina case a trustee under a deed of trust brought suit for specific performance against defendant who was the highest bidder, subject to approval of title, at a public sale of the property. Defendant contended that the trustee could not convey a title in fee since the deed to his grantor was "to R. W. for life with remainder to his bodily heirs by ------ if any," otherwise to another. Held, that defendant must perform his contract since the deed in question gave R. W. a contingent fee tail under the rule in Shelley's case, …

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Municipal Corporations - Effect Of The Lowest Responsible Bidder Statutes On "Local Labor" Provisions Apr 1933

Municipal Corporations - Effect Of The Lowest Responsible Bidder Statutes On "Local Labor" Provisions

Michigan Law Review

The plaintiff, a taxpayer, brought a bill to prevent the defendant from carrying out a contract with a certain construction company. The plaintiff alleged that the requirement in the proposal for bids that all laborers should have been residents of Delaware for at least six months prior to the awarding of the contract violated the lowest responsible bidder statute. Held, it not having been shown that the requirement would, as a matter pf fact, increase the cost, it therefore did not violate the statute, Ebbeson v. The Board of Public Education in Wilmington, (Del. 1931) 156 Atl. 286.

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Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency Apr 1933

Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency

Michigan Law Review

County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.

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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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Constitutional Law - The Delegation Of Federal Legislative Power To Executive Or Administrative Agencies Apr 1933

Constitutional Law - The Delegation Of Federal Legislative Power To Executive Or Administrative Agencies

Michigan Law Review

The range of governmental activity, ever expanding both because of the adoption of new functions and because of the increase in proportions of the old, has developed a frequent need for supervision by specialized administrative agencies. In addition to the normal trend toward increased administrative control, present-day economic difficulties have provided additional impetus in that direction. Hence the question of how far Congress can go in turning over its duties to executive or administrative agencies has become of immediate and vital concern.

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Banks And Banking-Set -- Off -- Deposits In Fiduciary Capacity Apr 1933

Banks And Banking-Set -- Off -- Deposits In Fiduciary Capacity

Michigan Law Review

Plaintiff, receiver for an insolvent national bank, sued to recover money deposited in defendant bank. The defendant sought to set off a deposit as trustee in the insolvent bank. Held, the set-off would be improper. The claims are not mutual. A claim in a fiduciary' capacity cannot be set off against an individual debt. Thomas v. Potter Title & Trust Co., (D. C. W. D. Pa. 1932) 2 Fed. Supp. 12.

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University Of Michigan Law School Announcement 1933-1934 With List Of Students, 1932-1933, University Of Michigan Law School Mar 1933

University Of Michigan Law School Announcement 1933-1934 With List Of Students, 1932-1933, University Of Michigan Law School

Law School Announcement and Bulletins

Board of Regents; Faculty of Law; University Calendar; History and Organization; Library; Summer Session; Directions to Candidates for Admission; Requirements for Admission; Requirements for Graduation: Degrees; The Law Curriculum; Electives; Seminar Courses; Special Courses; The Practice Court; Fees and Expenses; The Lawyers Club; Michigan Law Review; Fellowships, Scholarships, and Prizes; Order of the Coif; Students' Physical Welfare; The Michigan Union; The Michigan League; Summer Session; Graduates of 1932; Students;

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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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Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death Mar 1933

Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death

Michigan Law Review

Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …

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Practice And Procedure - Declaratory Judgments In The Federal Courts Mar 1933

Practice And Procedure - Declaratory Judgments In The Federal Courts

Michigan Law Review

The declaratory judgment by that name is comparatively new in legal procedure in this country. But it is in reality simply an extension of an old process. The power to declare the rights of the parties is inherent in courts of equity and has been exercised since ancient times in action to quiet title, to declare marriages valid or void, to annul divorces, to declare legitimacy or illegitimacy or determine heirship, to construe wills and trusts, and in other actions. A suit for a declaratory judgment in no wise differs from other suits save in the single respect of the …

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'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell Mar 1933

'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell

Michigan Law Review

Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.

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