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Articles 3511 - 3540 of 4292
Full-Text Articles in Entire DC Network
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Michigan Law Review
The insured died from the effects of carbon monoxide gas generated by an automobile in a closed garage. The policy which he held in the defendant company provided for compensation only if the means of death were accidental, and the insurer-resisted the claim of his beneficiary for the reason that, even if the death was accidental, it was not a death by accidental means. Held, that if the result is unexpected, death resulting from an intententional act is a death by accidental means. Wiger v. Mutual Life Ins. Co. of New York (Wis. 1931) 236 N.W. 535.
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Trusts - Statute Of Frauds - Part Performance Of Oral Trusts, Mark H. Harrington
Michigan Law Review
In some jurisdictions, where some equivalent to the seventh section of the English Statute of Frauds has not been enacted, an oral trust of land is enforceable. In others, it is held that the provisions requiring a writing in the case of conveyances of and contracts concerning interests in land forbid oral trusts of land. It is clear, however, that when the statute of frauds in force contains a provision requiring express trusts to be created or evidenced by writing, an oral agreement between grantor and grantee that the property conveyed should be held in trust can not be enforced …
The Recognition Of Russia, Edwin D. Dickinson
The Recognition Of Russia, Edwin D. Dickinson
Michigan Law Review
Revolution in Russia culminated, on March 15, 1917, in the abdication of the Romanoffs and the establishment of the Provisional Government. In November, 1917, the Provisional Government was overthrown by the Bolsheviki and the Russian Socialist Federated Soviet Republic was proclaimed. Thus in nine turbulent months authority in Russia passed from the autocracy of the Czars, through the ineffective hands of the moderates, to extreme radicals frankly committed to communism and the dictatorship of the proletariat.
Corporations - Dissolution - Distribution Of Assets Between Preferred And Common Stockholders
Corporations - Dissolution - Distribution Of Assets Between Preferred And Common Stockholders
Michigan Law Review
In periods of business depression, problems concerning the dissolution and liquidation of corporations, with the question of preference between the holders of the preferred and common stock, often become very acute. A recent case, presenting the question of preference from the aspect of unpaid dividends on preferred stock, is Penington v. Commonwealth Hotel Construction Corporation.
Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson
Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson
Michigan Law Review
The Report concerning child offenders in the federal system of justice is a joint report for the National Commission on Law Observance and Enforcement and the White House Conference on Child Health and Protection. The study on which the report is based was conducted by Dr. Miriam van Waters, for many years the referee of the Juvenile Court of Los Angeles. Her choice to direct this study is to be commended. Not only was she in intimate contact with children who were offenders in California, but her experience in varied capacities has made her familiar with juvenile delinquency and its …
Review Of A Review, Charles E. Clark
Review Of A Review, Charles E. Clark
Michigan Law Review
In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
Michigan Law Review
The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Report On The Cost Of Crime, Herbert F, Taggart
Report On The Cost Of Crime, Herbert F, Taggart
Michigan Law Review
The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …
Reports Of The National Commission On Law Observance And Enforcement
Reports Of The National Commission On Law Observance And Enforcement
Michigan Law Review
The article section of this issue of the Law Review is devoted to a consideration of the work of the National Commission on Law Observance and Enforcement, commonly called the Wickersham Commission.
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Michigan Law Review
The Commission on Law Observance and Enforcement was organized on May 28, 1929. Within six months it issued a Preliminary Report on Observance and Enforcement of Prohibition, under date of November 21, 1929, and shortly thereafter issued a Report supplemental thereto.
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Michigan Law Review
An attempt will be made in this comment to state the important points in the Report, and to bring together the scattered references to the various groups of information contained in the third collection now being printed by the Senate and to outline very briefly in an appendix the principal relationships between this and the Commission's report. This last is offered in the hope that it may stimulate interest in a closer analysis of this mass of very useful information which might otherwise suffer neglect, not only because of its bulk, but also because of its lack of organization.
Report On Prosecution, Rollin M. Perkins
Report On Prosecution, Rollin M. Perkins
Michigan Law Review
The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.
Report On Lawlessness In Law Enforcement, John Barker Waite
Report On Lawlessness In Law Enforcement, John Barker Waite
Michigan Law Review
The first part of this Report offers taxpayers little return on their investment. All it even purports to do is to inform the public that the police throughout the country sometimes use intolerable, brutal methods to extract information concerning crime and occasionally keep arrested persons out of communication with lawyers and friends until they can be questioned at length. But of these facts the public was already convinced through newspaper and magazine. Indeed, the Report itself uses the widespread public knowledge of the evil as evidence of its existence. Yet, beyond this repetition of already accepted beliefs, the Report really …
Report On Police, John Barker Waite
Report On Police, John Barker Waite
Michigan Law Review
The Report begins: "The general failure of the police to detect and arrest criminals . . . has caused a loss of public confidence in the police of our country. For a condition so general there must be some universal underlying causes to account for it."
Report On Criminal Statistics, Lent D. Upson
Report On Criminal Statistics, Lent D. Upson
Michigan Law Review
Among the reports of the National Commission on Law Observance and Enforcement, probably none received so little public attention as that on criminal statistics. Statistics, even of the criminal variety, are dull at the best, and not calculated to whet the imagination. One murder may be the basis of a printed volume of gory details and misleading clues with everybody suspected from the parish curate to the author himself. But murders by the gross or bale leave all unmoved except the most hardened editorial commentator.
Report On Crime And The Foreign Born, Joseph Cohen
Report On Crime And The Foreign Born, Joseph Cohen
Michigan Law Review
That the foreign born, more than the native born, tend to run afoul of the law, especially with respect to the more serious offenses, is a popular doctrine which critical opinion in the field of criminology has long been inclined either to qualify as to essential details or to contradict in toto. Twenty years back the Federal Immigration Commission reported that all the evidence then available indicated a lesser criminality on the part of the immigrant group as a whole. Succeeding studies have supported this conclusion. That an adverse view of the foreign born should persist in the face of …
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Michigan Law Review
This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.
Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood
Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood
Michigan Law Review
This Report consists of three main parts. The first is called the Commission's Report, and is signed by that body. The second, called the Report of the Advisory Committee to the Commission, is the work of a group which includes many of the most distinguished penologists of the country. The two reports cover much the same ground, they are about the same length, and, with one or two important exceptions, the recommendations and conclusions are the same. The third part is a brief statement entitled Police Jails and Village Lockups, prepared and written by Dr. Hastings H. Hart.
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.
Wills - Executor's Right To Deduct From A Legacy A Debt Due The Estate But Barred By The Statute Of Limitations
Michigan Law Review
The decedent left his estate, by will, equally to several persons, one of whom had owed to the testator a debt which was now barred by the statute of limitations so that the executor could not collect it by suit. The executor claimed a right to collect this debt by deducting it from the share of the personal property of the estate given the debtor. The court held that the debt, though barred by the statute of limitations, was still in fairness and good conscience due to the estate and that the executor might deduct it from the share given …
Bills And Notes-Negotiability Of Corporate Debentures
Bills And Notes-Negotiability Of Corporate Debentures
Michigan Law Review
Many corporate bonds and debentures contain some such reference provision as the following: "* * * all [bonds, debentures] issued under a certain Trust Agreement, dated as of June 15, 1926, executed by the Company to the National City Bank of New York, as Trustee, to which Trust Agreement reference is hereby made for a statement of the terms under which the said Debentures are issued and the rights and obligations of the Company, of the Trustee and of the respective holders of the said Debentures under said Trust Agreement. * * *." To this clause some of these securities …
Deeds-Delivery In Escrow-Effect On Income Tax
Deeds-Delivery In Escrow-Effect On Income Tax
Michigan Law Review
A taxpayer, by written contract, had agreed to sell a 99-year leasehold for $195,000. $50,000 was to be paid in 1920, and the balance in 1921. The first payment was made in October, 1920, and a deed put in escrow, to be handed to the grantee on payment of the balance. The transaction was fully carried out as per contract, and the taxpayer was assessed income tax on the entire $195,000 as of 1920. Held, the deed having been delivered in escrow, the title relates back to the original delivery on performance of the condition, showing a completed transaction …
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
Courts-Removal Of Causes-Jurisdictional Amount
Courts-Removal Of Causes-Jurisdictional Amount
Michigan Law Review
Two suits for personal injuries, in each of which a claim for $5,000 was made, were removed to the federal court by defendant. Plaintiff's counsel in his opening statement said that as the result of the injuries one plaintiff was unable to work for two weeks and visited his doctor seven times and that the other was away from work for three weeks and also saw his doctor seven times. The wages of the first plaintiff were $55 a week; those of the second averaged $75 a week. He further stated that the injuries were not permanent, and that, except …
Corporations-Duty Of Corporate Trustee To Record Mortgage Securing Bonds
Corporations-Duty Of Corporate Trustee To Record Mortgage Securing Bonds
Michigan Law Review
Plaintiff became the holder of bonds issued under and secured by a collateral trust agreement executed in Pennsylvania. The mortgage contained the provision that " * * * the trustee, save for its gross negligence or wilful default, shall not be personally liable for any loss or damage" and further that "It shall be no part of the duty of the trustee to record this instrument as a mortgage." The mortgage was not recorded nor the mortgage debt satisfied. Plaintiff sued the trustee in New York for negligence. Held, the contract limited the obligations and duties of the trustee, …
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner
Michigan Law Review
Plaintiff parked his car in defendant's parking lot, which was open to the public although no attendant appears to have been on duty. There was an unguarded excavation about forty feet to the rear of the space chosen by the plaintiff. In preparing to leave the lot, plaintiff cranked his car which, apparently, had been left in reverse. The car backed into the excavation, despite plaintiff's efforts to get it under control, and plaintiff sued the lot owner for injuries resulting. Held, that the defendant parking lot owner was not liable. Fielding v. S. Z. Poli Realty Co. (Mass. …
Torts-Defective Trees-Duty Of Abutter
Torts-Defective Trees-Duty Of Abutter
Michigan Law Review
While the plaintiff was travelling along the public highway, he was injured by the falling of a decayed tree which stood within twenty feet of the highway upon the adjoining land of the defendant. On sustaining a demurrer to the declaration, the court held that there was no duty upon the rural abutter to inspect the tree. Chambers v. Whelen, et al. (C. C. A. 4th, 1930) 44 F.(2d) 340.
Trusts-Liability Of Trust Estate For Torts Of Trustee
Trusts-Liability Of Trust Estate For Torts Of Trustee
Michigan Law Review
Plaintiff, an employee of a laundry of which the legal title was held in trust, was injured by an unguarded machine. The trustee was sued in tort in his representative capacity. There was no evidence as to whether the trustee himself or some agent was directly responsible for the condition of the premises. Held, the judgment of the lower court, directing that the plaintiff be paid out of the assets of the trust estate, was correct. Where the trustee is charged with the duty of carrying on a business the trust estate may be held liable for the negligence …