Digital Commons Network^™

Some Legal Problems Connected With Stock Market Transactions, S. Ashley Guthrie, Henry F. Tenney

Michigan Law Review

If any one were asked what was the most dramatic event of the last year, he probably refer at once to the collapse of the great Bull Market on the New York Stock Exchange. This was not only a dramatic event, but it was literally a tragedy for hundreds of thousands of people. Securities shrank to less than half their former inflated values and hundreds of millions of dollars in cash and paper profits were lost over night, or possibly we should say over two nights, for the crash occurred in two stages, one in October and one in November, …

The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin

Michigan Law Review

The Fourth Amendment of the Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The so-called "self-incrimination clause" of Amendment V reads as follows: "No person * * * shall be compelled in any criminal case to be a witness against himself."

Aliens-Right To Hold Propsrty-Effect Of Statutes

Michigan Law Review

An alien testator devised land to her son, which property was seized during the World War by the defendant Alien Property Custodian as belonging to an alien enemy. Von Zedtwitz v. Sutherland, 58 App. D. C. 153, 26 F.(2d) 525. The plaintiffs sued the son in Kentucky, where part of the land was located, and the Alien Property Custodian in this suit to recover the property on the theory that after the eight-year period which the laws of Kentucky allowed the alien heir in which to dispose of the realty, the title vested in them as next of kin …

Fraudulent Intent In Trade Mark Cases, Grover C. Grismore

Michigan Law Review

One of the troublesome questions which confront the trade mark lawyer is that as to the extent to which a fraudulent intention is an essential element in trade mark litigation. Must a plaintiff who is seeking injunctive relief, or damages, or an accounting against a defendant who", it is alleged, has simulated his trade mark, trade name or other identifying device, show that the latter has consciously sought to mislead the purchasing public? Judges and legal writers leave the matter in doubt. It is the purpose of this paper to discover, if possible, how this doubt has arisen and to …

Replevin-Defense Of Paramount Right To Possession In A Third Person

Michigan Law Review

Courts are often heard to say, as does the Wisconsin court in a recent case, that an action of replevin may be defeated by proof of title paramount in a third person, even though the plaintiff has shown a right to possession as against the defendant sufficient to support an action of trespass. This seems so anomalous, so opposed to our notion of other possessory actions, for example, trespass, and even trover, where the plaintiff need show only a better right to possession to recover, that we are led to wonder how such a doctrine ever obtained a foothold in …

The Criminal's Right Of Privacy

Michigan Law Review

The dissent of Mr. Justice Brandeis in the famed wire tapping case has been of especial interest to those who are acquainted with his article in the Harvard Law Review in 1890 on "The Right of Privacy." The law has witnessed few more fascinating developments than the engrafting of this latter concept into the formula of justice, few more conspicuous examples of creative juristic effort. Concerning it Dean Pound has said: "What may almost be called the classical example (of creative activity) is the paper on the Right of Privacy in which Mr. Justice Brandeis, then at the bar, was …

Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit

Michigan Law Review

An interesting problem as to what constitutes fraud sufficient to invalidate a marriage is raised by the recent Illinois case of Bielby v. Bielby. 165 N.E. 231. The husband asked annulment on the ground of the wife's misrepresentation as to her intent to cohabit. The evidence as to the wife's intent and as to whether the marriage was actually consummated was undecisive, the wife testifying that it was and the husband that it was not. However, he did not testify that he had ever requested consummation or that she had ever refused it. It was held there could not …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Illinois Appellate Courts-Are They Satisfactory?

Michigan Law Review

The instantaneous answer of "Yes" to this question was given by every Illinois attorney the writer asked while gathering material for this article, and undoubtedly that would be the answer of an overwhelming percentage of the Illinois Bar. In the Constitutional Convention of 1920 in Illinois, not one of the fifty odd lawyer members ever questioned their expediency in all the debates on the judiciary article. And much can, of course, be said in their favor. They relieve the supreme court of a great burden of work. They are closer at hand than the supreme court to most of the …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Right Of Holders Of Preferred Stock To Participate In The Distribution Of Profits, Jay Finley Christ

Michigan Law Review

When, in the management of the affairs of corporate enterprises, a surplus is available for the payment of dividends, the question often arises, "In what proportions is this fund to be distributed, as between holders of common stock and holders of preferred stock?" When the contract, whether in the by-laws, the subscription agreement, the certificate, or any other form, makes clear the intent of the parties, one way or another, such intent is, of course, controlling. But the intent of the parties may not always be clearly expressed, and in the latter event the rights of the parties are determined …

Mortgages - Equity Jurisdiction - Personal Decrees Against The Mortgagor

Michigan Law Review

The Michigan supreme court recently held that the jurisdiction of equity in proceedings for the foreclosure of mortgages is governed by statute, and that equity can only render a personal decree against the mortgagor where the statute expressly permits it. This view, if correct, must be recognized as an exception to the well settled doctrine that a court of equity which has obtained jurisdiction of a controversy on any ground or for any purpose, may retain such jurisdiction for the purpose of administering complete relief. Michigan has repeatedly affirmed this general doctrine.

When Is A Treaty Self-Executing, Leslie Henry

Michigan Law Review

A self-executing treaty is a treaty which of its own force furishes a rule of municipal law for the guidance of municipal courts in deciding cases involving the rights of individuals.

Ordinarily treaties are simply agreements or contracts between two or more sovereignties, obligating them to carry out the mutual promises contained therein. But under our Constitution a treaty is of greater force. It may operate as a law, just like an act of Congress. But the constitutional provision is not mandatory. Not every treaty provision is necessarily a law. For example, a promise to secure the passage of legislation …

The Fifteenth Century-The Dark Age In Legal History, Joseph F. Francis

Michigan Law Review

Everywhere during the last few decades there has been a revolution in the thinking of educated men. I refer to the revolution in logical method and thought that had its impetus first in the non-Euclidian mathematicians. was then carried on by the logicians and philosophers and finally culminated in the startling conclusions announced by Einstein. This revolution has been an attack on absolutism and on the metaphysical nonentities that pervade all man's learning. The attack is not new, it is only new in vigor, in scope, and in promise.

Fire Insurance-Is "Double" Payment Necessarily Overpayment?

Michigan Law Review

A recent Wisconsin case, Ramsdell v. Insurance Co., presents a novel and interesting situation. The lessor and lessee of business property each insured the property in separate companies, the lessor for $3,000 and the lessee for $7,500. The lease contained no provisions as to insurance, repairing, or rebuilding and there was no contract between any of the parties which could affect the situation that arose. A loss of $4,246 occurred in June. After lengthy negotiations had proved fruitless, the lessee rebuilt the premises and sued his insurer. At the same time the lessor sued on his policy. The lessee …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

When The Importer Is A State University, May The Government Collect A Duty?, Sweinbjorn Johnson

Michigan Law Review

The Tariff Act of 1922 has raised a question which may turn out to be one of great importance as well as one of unusual interest. It appears that in previous acts exemptions were granted, more or less general, in favor of schools, libraries and educational institutions with the result that on imports for their use no duties were levied or collected. In the law of 1922, however, no such exemptions appear, and the customs officers throughout the country have required state universities to pay a duty when the title passed abroad and the articles imported by them were intended …

Crimes-Alibi-Instructions As To Particular Evidence

Michigan Law Review

In a prosecution for robbery the defendants introduced evidence as to an alibi and requested a charge which contained the proposition that the evidence on this point had merely to raise a reasonable doubt as to their presence at the scene of the crime to entitle them to an acquittal. The court refused this request, but had previously instructed the jury that the burden rested with the state to prove the guilt of the. defendants beyond a reasonable doubt. Held, that it was reversible error to refuse the charge requested. People v. Vasquez (Cal. App. r928) 26g Pac. 549.

Forestalling, Regrating And Engrossing, Wendell Herbruck

Michigan Law Review

The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.

Descent And Distribution-Status And Inheritance Rights Of Adopted Child

Michigan Law Review

The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Vicarious Liability And The Family Automobile, Norman D. Lattin

Michigan Law Review

The advent of the automobile into the family life of the present age brought with it a doctrine which has been the troublesome source of much comment in the adjudicated cases and legal literature generally. Were it not for the fact that the battle still wages with much intensity, with very little outward evidence of abatement, it would be presumptuous to add to the already voluminous supply of legal material concerning the law of the family automobile, commonly termed the "family purpose" or "family car" doctrine. If further justification were needed, the problems arising from air navigation, which threatens to …

Due Process Of Law In State Labor Legislation, Fowler Vincent Harper

Michigan Law Review

With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …

Remedies For Wrongful Action In The Levy And Enforcement Of Taxes

Michigan Law Review

Although there is a distinct policy in favor of prompt and efficient procedure for the levy and collection of taxes, unhindered by judicial "red tape," yet the government cannot exercise its power so as to deprive the taxpayer of his property without due process of law. What are the taxpayer's remedies against wrongful action on the part of those in charge of tax administration? How may due process of law be secured to him in tax administration matters? The purpose of this note is to review some of the principal remedies, with especial reference to the equitable remedy of injunction, …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

The Collection Of Criminal Statistics In The United States, Raymond Moley

Michigan Law Review

It is well known to those who have attempted to secure final reliable and significant statistical data concerning crime and the enforcement of the criminal law in the United States that only the barest outline of the American crime problem is shown by the data now obtainable. Such diversity exists among recording agencies that we can not safely compare cities and states in the amount of crime reported to the police; the characteristics of these crimes or of those arrested for their crimes are so inadequately kept that little sociological data are available; we can not from material now published …