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Michigan Law Review

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Pleading - Last Clear Chance May 1932

Pleading - Last Clear Chance

Michigan Law Review

Plaintiff was riding a bicycle on a bridge. Defendant, towing a truck, sounded his horn and plaintiff drove to the left while defendant passed, but was struck by the truck. The judge charged that if defendant was travelling at an excessive rate of speed, and injury resulted from that cause, plaintiff could recover although negligent. Held, reversed, on the ground, among others, that the instruction as to least clear chance was not supported by any pleading. Steele v. Brada et al. (Iowa 1931) 239 N. W. 538.


Searches And Seizures - Allegations Necessary For Warrant May 1932

Searches And Seizures - Allegations Necessary For Warrant

Michigan Law Review

The defendant objected to the use in evidence of intoxicating liquor on the ground that it was seized during a search of his premises under an insufficient search warrant. Held, the search warrant was issued without a sufficient showing that reasonable and probable cause existed for the search, there being neither a positive allegation of facts in the affidavit for the warrant nor a hearing of evidence by the issuing magistrate. Smith v. State (Ind. 1931) 177 N. E. 898.


State Administrative Supervision Of Municipal Indebtedness, E. Blythe Stason Apr 1932

State Administrative Supervision Of Municipal Indebtedness, E. Blythe Stason

Michigan Law Review

One of the lessons being drawn from the present economic depression, and especially from the financial straits of municipalities, is the very real need of more adequate restriction upon the power of cities, towns, villages, counties, school districts and other local governments to burden themselves and their taxpayers with excessive public debt.


Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding Apr 1932

Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding

Michigan Law Review

The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.


President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment Apr 1932

President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment

Michigan Law Review

In Illinois also the time between arrest and indictment is considerable. According to the figures of the Illinois Crime Survey the median time after preliminary hearing before indictment of persons who pleaded guilty ranged from thirteen days in Chicago to thirty-seven days in other parts of the state. An average of another two days is added by the time between arrest and preliminary hearing. In Missouri, too, the time interval is long. It seems reasonable to assume, therefore, that in the federal courts the time between arrest and indictment is at least as long, especially in districts where grand juries …


The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume Apr 1932

The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume

Michigan Law Review

When the object of a creditors' suit is to reach, establish and administer assets in the hands of a trustee who holds them for the benefit of all the creditors, the suit must be by all the creditors or by one or more for the benefit of all. In other types of creditors' suits, for example to set aside a fraudulent conveyance, joinder of all the creditors is not required. Each may sue alone, two or more may join, or one or more may sue for the benefit of all.


Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger Apr 1932

Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger

Michigan Law Review

On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."


Corporations - Corporate Reorganization Under Charter Agreement -Validity Of Enabling Statutes Apr 1932

Corporations - Corporate Reorganization Under Charter Agreement -Validity Of Enabling Statutes

Michigan Law Review

That reorganization is vexatious, frequently long drawn out and costly, is universally conceded. In the absence of statutory provisions, the only known judicial process whereby a court may set a reorganization in motion is a foreclosure and sale, or sale by court decree in an equity receivership. In most cases the real and only purpose of a reorganization is to work out a capital structure which the business of the corporation will support, hence, the sale under foreclosure or by court decree is a device rather than an independent end. As a result, much confusion and uncertainty exist under the …


Expanding Principles Of Jurisdiction Apr 1932

Expanding Principles Of Jurisdiction

Michigan Law Review

In the recent case of Frank S. Young Co. v. McNeal-Edwards Co., the plaintiff, a Massachusetts corporation, purchased a quantity of oil from the defendant, a Virginia corporation, the vendee to return the oil drums. Alleging a breach of warranty, the plaintiff filed suit in Massachusetts, gaining jurisdiction by attachment of the oil drums. Subsequently the defendant filed suit for conversion of these oil drums, upon which the plaintiff dropped his first suit and started this suit in the federal court by a service of process upon the attorney of record of the defendant in its suit as provided …


A Valuable Handbook, John B. Waite Apr 1932

A Valuable Handbook, John B. Waite

Michigan Law Review

A review of VOLD ON SALES. (Hornback Series) By Lawrence Vold.


Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation Mar 1932

Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation

Michigan Law Review

At common law an incident to the ownership of stock in a corporation is the right or privilege to inspect the books or records of the corporation. The right is analogous to that of partners to examine the records and books of the firm. However, it is not an absolute, unqualified right at common law, but one which is conditional on the good faith and proper purposes of the stockholder.


Civil Pleading In Scotland, Robert Wyness Millar Mar 1932

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

It might be expected that, after the lodging of the answers and pleas in law on the part of the defender, a brief period would now be allowed the pursuer to put in a reply to any affirmative allegations contained in the defender's pleading. But this is not the case, at least in the sense of his lodging a separate pleading. He is given opportunity to reply, but by way of revising his condescendence. Basically, the principle is the same as that obtaining in our classic chancery practice, whereby the complainant amended his bill in order to include any special …


Equitable Limitations On Statutory Or Charter Powers Given To Majority Stockholders, Norman D. Lattin Mar 1932

Equitable Limitations On Statutory Or Charter Powers Given To Majority Stockholders, Norman D. Lattin

Michigan Law Review

The object of this paper is to examine certain fundamental corporate changes which statutes or articles frequently authorize majority stockholders, or a certain proportion of all, to bring about, and to ascertain whether courts have looked simply to the literal wording of the authority and have sanctioned the action if in accord with the statute or whether they have implied equitable restrictions in spite of apparently unlimited authority in the statute or articles. How far, for example, have courts gone in the direction of the business man's idea that the corporation, after all, is a democratic affair, and that the …


Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines Mar 1932

Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines

Michigan Law Review

A Nebraska statute provided that in case of insolvency of a state bank the general depositors, subject to prior liens for taxes, have a first lien on all assets of the bank. A bank converted a note deposited for a special purpose, and indistinguishably mingled the proceeds with the general assets of the bank before insolvency. The deposit was held to have created a trust and the cestui was allowed to recover the amount of the note (trust fund) as a preferred claim upon the general assets of the bank. To the argument that this statute prohibited the imposition of …


Equity-Injunctions - Enjoining Police Officers Mar 1932

Equity-Injunctions - Enjoining Police Officers

Michigan Law Review

The plaintiff asked for a temporary injunction restraining the defendant sheriff from raiding or otherwise interfering with a "marathon" dance contest conducted in a regularly licensed dance hall. No statute making such contests illegal was cited by the defendant. There was considerable evidence that the sheriff, who had formerly approved of the marathon, was using his authority to extort $5,000 from the plaintiff. Held, equity can restrain officers from extra-judicial condemnation by physical means, such as raids and continuous trespasses destroying the plaintiff's business, on the mere claim that the criminal law may be violated. Ruty v. Huelsenbeck (N. …


Partnership - Bankruptcy-Partner's Liability For Misappropriation Of Partnership Funds Not Discharged By His Bankruptcy Mar 1932

Partnership - Bankruptcy-Partner's Liability For Misappropriation Of Partnership Funds Not Discharged By His Bankruptcy

Michigan Law Review

After dissolution of the partnership, one partner appropriated sums of money belonging to the partnership to his own use. He was subsequently discharged in bankruptcy. His co-partner, by a cross-bill in a suit for the appointment of a receiver and for liquidation of the partnership, sought to hold him for the liability, and it was held that this liability was not discharged by his bankruptcy, since the money appropriated was the property of the firm, and his taking of it was wilful and malicious injury to the property of another, liability for which is exempted from discharge by sec. 17 …


Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class? Mar 1932

Public Officers - When Do They Owe A Duty To A Particular Individual Rather Than A Class?

Michigan Law Review

The plaintiff, a stockholder in the Bank of the United States, sued the defendant, superintendent of banks for New York State, for losses sustained when the bank failed as a result of the defendant's failure to perform certain acts required by statute. Held, the defendant, being charged by statute with a duty to all the people of the state, owed no duty to the stockholders as individuals, and was not liable to the plaintiff. Walker v. Broderick, 252 N. Y. S. 559 (1931).


An Extravagant Account Mar 1932

An Extravagant Account

Michigan Law Review

A review of OUR LAWLESS POLICE. By Ernest Jerome Hopkins.


Civil Pleading In Scotland, Robert Wyness Millar Feb 1932

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …


Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente Feb 1932

Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente

Michigan Law Review

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …


Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38 Feb 1932

Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38

Michigan Law Review

Plaintiff filed suit in a federal court, sitting in equity, in behalf of himself and others, to enjoin the collection of an illegal tax imposed by North Carolina upon peddlers of foreign fruit within that state. He alleged that 400 others were similarly situated and that over 100 of them had contributed to the expense of the litigation. Held, the individual legal remedy available under state statute was inadequate in view of the multiplicity of suits it necessitated, and the plaintiff was entitled under Federal Equity Rule 38 (post) to bring a class suit to enjoin the collection of …


Bills And Notes - Restrictive Indorsement Jan 1932

Bills And Notes - Restrictive Indorsement

Michigan Law Review

Plaintiff sued defendant to enforce the collection of two promissory notes which defendant indorsed in blank to X Bank. X Bank indorsed the notes to "Y Bank, as trustee." Y indorsed the notes to plaintiff. All the indorsements were before maturity and for value. Held, on the pleadings, that the order overruling the demurrer to the declaration be sustained. In a concurring opinion, Brown, J., stated that an indorsement to a corporation or person with the words, "as trustee," after the name is not a restrictive indorsement within the meaning of the Uniform Negotiable Instruments Law, sec. 6796, 7, …


Mistake Of Law In Connection With Titles To Land Jan 1932

Mistake Of Law In Connection With Titles To Land

Michigan Law Review

The confusion resulting from hasty and inaccurate generalization is nowhere better illustrated than in the field of mistake of law as to land titles. The doctrine that no relief can be given for mistake of law is constantly re-asserted by respectable authority, particularly in the case of money paid. But the peculiar hardship in the cases of complete failure of title to land has led to a special treatment of these cases, for which the explanations in judicial opinions are unusually obscure.


Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord Jan 1932

Landlord And Tenant- Injuries To Third Persons - Liability Of Landlord

Michigan Law Review

Plaintiff alleged that she slipped and fell upon vegetable leaves and other refuse on the sidewalk appurtenant to a fruit store owned by Nickolopulos and leased by him to Galante, thereby sustaining injuries. Held, in a suit brought against both landlord and tenant, that plaintiff stated a cause of action against the landlord, and the motion to dismiss the complaint was properly denied. Brovacko v. Nickolopulos et al. (N. J. 1931) 155 Atl. 765.


Transfer Of Future Interests, W. Lewis Roberts Jan 1932

Transfer Of Future Interests, W. Lewis Roberts

Michigan Law Review

In considering to what extent future interests are transferable in this country it is proposed to limit the investigation to those future interests known as contingent remainders, executory devises, and defeasible vested remainders. It has not been deemed necessary to consider vested remainders as they have long been treated by the law in much the same way as present estates have been as far as alienation is concerned.


Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss Jan 1932

Alteration Or Replacement Of Buildings By The Long-Term Lessee, Marvin L. Niehuss

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …


Foreign Diplomats And The Prohibition Laws, Lawrence Preuss Jan 1932

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …


Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant Jan 1932

Landlord And Tenant -Adverse Possession And Prescription-Based On Holding And User By Tenant

Michigan Law Review

A tenant who enters under a valid lease can, if he denies his landlord's title, and holds openly, notoriously, and adversely to him for the statutory period, acquire title by adverse possession. But suppose the tenant enters under a void lease and holds for the statutory period, claiming merely under the lease. It seems that there are three possible views as to the legal effect of his holding.


Contracts - Parties - Suit On A Sealed Instrument Jan 1932

Contracts - Parties - Suit On A Sealed Instrument

Michigan Law Review

Defendant was the obligor on a bond under seal given for the faithful performance of a shipbuilding contract in which the obligee was named as "the United States Shipping Board Emergency Fleet Corporation; a corporation organized and existing under the laws of the District of Columbia, representing the United States of America." The contract, to insure the performance of which the bond was executed, was signed by the "Fleet Corporation" and sealed with its own seal. In action at law on the bond brought by the United States, held, since the plaintiff was not a party named in the …


Book Notes And Notices Jan 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.