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Articles 6331 - 6360 of 8523
Full-Text Articles in Entire DC Network
Automobiles -Violation Of Parking Statute, Michigan Law Review
Automobiles -Violation Of Parking Statute, Michigan Law Review
Michigan Law Review
Defendant, in violation of a statute and ordinance prohibiting parking "within ten feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway," parked his truck within the prohibited area, thus blocking the sign from the view of the traffic it was intended to warn. A third party, approaching the stop street, being unable to see the sign, proceeded into the intersection without stopping, and struck the car in which plaintiff was a passenger, injuring him. Defendant demurred to the petition on the ground of lack of causal connection. Held …
Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review
Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review
Michigan Law Review
In a libel action, the plaintiff proved that the defendant had published a news item in its newspaper falsely imputing to the plaintiff, a Puerto Rican student at Louisiana State University, the authorship of an article written in the student paper deploring the pacifistic attitude of the American youth. The lower court dismissed the plaintiff's bill. Held, the publication by the defendant was not a libel actionable without proof of special damages, and that, while mental suffering alone would constitute special damages, the defendant's publication was not the proximate cause of the plaintiff's suffering. Santana v. Item Co., Ltd. …
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Michigan Law Review
The petitioner was a member of the class against whom a decree was rendered in a class suit. The petitioner was not named as a party and had no actual notice of the proceedings although notice was published according to court rules. After the time for appeal had expired, petitioner filed a petition to reopen the decree, under the terms of a statute which gave this right to any defendant against whom a court had rendered a decree without personal service. The petition was dismissed and the petitioner appealed. Held, order affirmed because the petitioner was not a party …
Quasi-Contracts -- Unsolicited Performance Of A Statutory Duty, Edward S. Biggar
Quasi-Contracts -- Unsolicited Performance Of A Statutory Duty, Edward S. Biggar
Michigan Law Review
An Indiana statute required county officers to publish reports of public business in two newspapers, representing the leading political parties of the county. Plaintiff, one of the two newspapers in Decatur county, printed the required notices without first obtaining official authorization. After defendant had disallowed the claim for this service, plaintiff appealed to the circuit court, there obtaining a verdict. Defendant appealed from the denial of its motion for a new trial. Held, that plaintiff had performed an obligation created by law and was entitled to recover on quasi-contract principles. On motion for rehearing, defendant urged the statute prohibiting recovery …
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Michigan Law Review
Desiring to operate a restaurant on his land, plaintiff petitioned the city trustees of Sunnyvale to rezone his property by taking it out of the residential district and adding it to the adjacent industrial district. After denial of his petitions, plaintiff brought this suit in which he sought a judgment declaring the zoning ordinance void as to his property. Reversing the lower court's judgment in favor of the city, the supreme court held, that because conditions had changed since the enactment of the ordinance, it was void as to plaintiff's property. Skalko V. City of Sunnyvale, (Cal. 1939) …
Book Notes, Michigan Law Review
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.
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Michigan Law Review
It is the purpose of this paper to discuss the broadcast license practice and procedure before the Federal Communications Commission as it exists today. No attempt at criticism or suggestions for reform will be made.
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Michigan Law Review
At the early English law an executor was entitled to the surplus of the personal estate after the payment of debts and legacies, but this practice nowhere prevails today. At common law the office of executor was regarded as honorary, to be performed without compensation unless the will expressly provided for compensation. It is doubtful if the common-law rule ever obtained in this country, where from a very early time it has been universally considered that executors are normally entitled to reasonable compensation not only to reward them for their time, labor and trouble, but also for the responsibility incurred …
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Michigan Law Review
Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature …
Corporations - Non-Profit Corporations - Power Of Court Of Equity To Preserve Original Purposes And Set-Up Of Such A Corporation, W. Wallace Kent
Corporations - Non-Profit Corporations - Power Of Court Of Equity To Preserve Original Purposes And Set-Up Of Such A Corporation, W. Wallace Kent
Michigan Law Review
The Osteopathic Hospital was incorporated in 1919 as a nonprofit corporation by five persons who subscribed funds for its support. Its articles provided that the qualifications for trustees, method of filling vacancies in the board of trustees and the manner in which persons could become members should be set out in the by-laws to be adopted by the original incorporators. The by-laws thus adopted provided for a self-perpetuating board of trustees with power in them to amend the by-laws. These by-laws were not questioned until January 20, 1938, when a group of the members attempted to amend the by-laws to …
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Michigan Law Review
The defendant broadcasting company leased its facilities to a commercial advertising corporation for the transmission of a series of sponsored radio programs. During the course of one of these broadcasts a comedian, employed by the advertiser, suddenly interpolated an extemporaneous remark, "That's a rotten hotel," in reference to plaintiff's hotel. A script for each program was prepared in advance, submitted to the defendant for approval, and followed exactly by the performers. The interjection in question did not appear in the script and had not been made at rehearsal. Plaintiff brought trespass for defamation, and from a judgment on a verdict …
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Michigan Law Review
The plaintiff owned several lots in a subdivision which the defendant city changed from a class "B" residence district to a class "C" residence district. In an action for a declaratory judgment the plaintiff asked the court to pronounce the amendment making pie change void. The declaration contained the following allegations: that there was already sufficient undeveloped class "C" property to satisfy present and future building needs; that the change was made at the instance of private persons, for their benefit, and not in the public interest; that the new classification would decrease the value and enjoyment of the plaintiff's …
Dicey's Law Of The Constitution: A Review, William A. Robson
Dicey's Law Of The Constitution: A Review, William A. Robson
Michigan Law Review
The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …
Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review
Criminal Law And Procedure - Interpretation Of Statute, Michigan Law Review
Michigan Law Review
Convicted of the statutory crime of falsely uttering a bank check, defendant appealed on the ground that the instrument in question was a promissory note. It was in appearance and form a check except for the substitution of "will pay" for "pay" and the addition of the words "payable at" before the name of the bank. Held, affirmed, the court construing the instrument as a check. State v. Doudna, (Iowa, 1939) 284 N. W. 113.
Trading In Securities By Directors, Officers And Stock.Holders: Section 16 Of The Securities Exchange Act, Kenneth L. Yourd
Trading In Securities By Directors, Officers And Stock.Holders: Section 16 Of The Securities Exchange Act, Kenneth L. Yourd
Michigan Law Review
The prime objective of the Securities Exchange Act is the establishment and maintenance of a free and open market for trading in securities; a free and open market in the sense that the prices obtaining thereon represent an evaluation of worth based upon a full knowledge in all traders of all pertinent facts and circumstances. In an attempt to achieve a realization of the ideal concept of a free and open market, the framers of the Securities Exchange Act have been careful to bring within the purview of the enactment all elements which they believed in any way were reflected …
Inconsistencies In Public Utility Depreciation, Robert D. Haun
Inconsistencies In Public Utility Depreciation, Robert D. Haun
Michigan Law Review
Depreciation is a matter of valuation and of the determination of the cost of rendering public service. It is only incidentally related to replacements, and accounting for depreciation will not necessarily provide for replacements. Since depreciation does have to do primarily with valuation and determination of the cost of rendering service, and since capital devoted to public utility use is subject to regulation, it would seem that consistency in principles is not only desirable but attainable. It is the purpose of this article to examine the cases decided by the courts and by the regulatory commissions of the various jurisdictions …
The Test Of The Employment Relation, Gerald M. Stevens
The Test Of The Employment Relation, Gerald M. Stevens
Michigan Law Review
Labor's status is the subject of what seems to be an interminable war, with campaigns in the courts, on picket lines, in conference rooms, and in legislative halls. The prominence of these battles increases, if anything, the obscurity in which a closely related conflict is being worked out. For as long as there are important distinctions to be made on the basis of whether an employment relation exists, there is fairly certain to be at least some argument over the existence of that relation.
Corporations - Recapitalization By Statutory Merger And Consolidation, Robert Meisenholder
Corporations - Recapitalization By Statutory Merger And Consolidation, Robert Meisenholder
Michigan Law Review
When changes in the capital structure of a corporation are attempted by amendment or by voluntary reorganization plans, such efforts at recapitalization are often blocked by dissenting stockholders. As a result, attempts have been made to recapitalize and force dissenting stockholders to go along by following the procedure of the merger and solidation statutes. The extent to which these statutes governing merger and consolidation can be used in order to change the capital structure of a corporation will be examined here. This discussion will consider, first, the governing rules concerning possible .changes in a stockholder's interest and rights when two …
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
Michigan Law Review
Following the report of the Commonwealth Fund Committee, in which they advocated the adoption of a model act to govern the admission of business entries as evidence, a comparatively small number of states have enacted legislation of this kind, either the model act or an act of similar nature. The extent of this comment is to show: (1) in what states hospital records have been held not to be admissible as business entries, the states where there has been no decision on the subject, and the states where the status of the rule is in doubt; (2) the states where …
Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review
Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review
Michigan Law Review
A South Carolina statute prohibited labor of employees in enumerated manufacturing and mercantile establishments for more than fifty-six hours per week or more than twelve hours in any one day. Plaintiffs were druggists who brought suit to restrain the commissioner of labor from enforcing the statute. A temporary restraining order was issued and the commissioner of labor appealed. Held, the statute was unconstitutional as in violation of the due process and equal protection clauses in both state and federal constitutions. Gasque, Inc. v. Nates, (S. C. 1939) 2 S. E. (2d) 36.
Libel And Slander - Libel Per Quod - Necessity Of Special Damages, Michigan Law Review
Libel And Slander - Libel Per Quod - Necessity Of Special Damages, Michigan Law Review
Michigan Law Review
In her petition, the plaintiff alleged that she had been defamed by the defendant and claimed damages therefor. The allegations were that the defendant had executed a letter and false wage assignment and had sent them to the employer of the plaintiff, whereby the plaintiff was embarrassed and humiliated, and held up to ridicule and scorn. The lower court sustained a demurrer to the petition, and an amended petition was stricken from the files and dismissed. Held, a good cause of action had been stated. The court said: "It is not and is not claimed to be a cause …
Libel And Slander - Publication - Common Interest In Subject Matter, Michigan Law Review
Libel And Slander - Publication - Common Interest In Subject Matter, Michigan Law Review
Michigan Law Review
Attorneys for plaintiff wrote a letter to a bus company claiming damages for an injury resulting from the negligence of the bus company. This letter was referred to the insurer of the bus company. Insurer, in reply, wrote a letter charging the plaintiff with an attempt to defraud, calling him a shyster lawyer, and making other disparaging remarks. Although intended for the bus company, this letter was inadvertently sent to plaintiff's attorneys. In a libel action brought against the bus company and the insurance company, the defendants moved to dismiss, claiming that the communication was privileged. Held, between the …
Sales - Implied Warranty By Victualler, Michigan Law Review
Sales - Implied Warranty By Victualler, Michigan Law Review
Michigan Law Review
Plaintiff purchased a meal at defendant's restaurant, in connection with which he was served contaminated drinking water obtained from defendant's well; he became ill from drinking the water. Plaintiff sued on the theory of implied warranty by defendant of the fitness of the water sold under the Uniform Sales Act, and on the ground that the service of the contaminated water in violation of the Ohio Pure Food Law constituted negligence by defendant. Held, plaintiff may recover on either theory. Yochem v. Gloria, Inc., 134 Ohio St. 427, 17 N. E. (2d) 731 (1938).
Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan
Torts - Liability Without Fault - Rylands V. Fletcher - Necessity For Control Of Premises, Charles F. Dugan
Michigan Law Review
Defendant, under a contract with the federal government to dredge the Chesapeake and Delaware Canal, deposited the effluent material dredged from the canal upon a disposal area owned by the government. The work was carried on under government supervision, and neither the government inspectors nor defendant's employees knew, nor apparently could they have known, of any defect in the retaining wall which had previously been built by the government to hold back the material. Defendant had had nothing to do with prior dredging operations, by which the level of fixed earth behind the retaining wall had been raised considerably. After …
Usury - Nuisances - Injunctions - Repeated Violations Of The Usury Laws Enjoinable As Public Nuisance, Michigan Law Review
Usury - Nuisances - Injunctions - Repeated Violations Of The Usury Laws Enjoinable As Public Nuisance, Michigan Law Review
Michigan Law Review
The defendant conducted a small loan office which advertised extensively in the community. The loans ranged from $5 to $50 in amount, and were originally made for terms ranging from one to six months. The borrowers were predominantly wage earners and they were required to give promissory notes far in excess of the sums received. The interest rates of 590 loans made by the defendant averaged well over three hundred per cent per annum, making the business almost exclusively usurious. The Minnesota statute set the maximum interest rate at six per cent with a provision allowing a maximum of eight …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-five leading law reviews.
Book Notes, Michigan Law Review
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.
Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick
Torts - Adjoining Landowners - Duty Of Adjacent Owner To Airport Operator - Dangerous Instrumentalities, Jerome Dick
Michigan Law Review
Plaintiff operated an airport which was adjacent to defendant public utility's uninsulated electric power transmission line. Since the airplane could not enter or leave the airport without flying low over defendant's adjacent right-of-way, the wire constituted an obstruction to their means of ingress and egress; in addition there was the danger of electrocution from contact with the wires. Plaintiff contends that this constitutes an interference with his business and seeks damages. Held, for defendant; under the statute plaintiff is a trespasser because he interferes with the reasonable use of defendant's property and a landowner is under no obligation to …
Torts - Liability Of Supplier Of Chattels To Third Persons, John J. Adams
Torts - Liability Of Supplier Of Chattels To Third Persons, John J. Adams
Michigan Law Review
Defendant leased trucks to plaintiff's employer for road construction purposes, contracting to keep them "in good working order" during the term of the lease. Plaintiff, while working alongside the road, was injured by one of the trucks driven by a fellow employee. Defective horn and brakes were responsible for the injury. Held, defendant is liable to plaintiff for breach of duty on any of three theories: (1) that defendant retained control of the trucks through his covenant to repair, the retention of control creating a duty of reasonable care to the lessee and his employees in making repairs; (2) …
Trade Restraints- Equitable Servitude On Chattels - Radio Broadcast Of Electrical Transcriptions, Roy L. Steinheimer
Trade Restraints- Equitable Servitude On Chattels - Radio Broadcast Of Electrical Transcriptions, Roy L. Steinheimer
Michigan Law Review
A popular orchestra leader made certain electrical transcriptions (not records) of unique interpretations of different musical numbers which were distributed, for a consideration, for radio broadcast on the Ford Motor Program. A notice appears on the transcription that it is to be used only by a distributee station and then only on the Ford Program. Defendant, who is not a distributee, broadcast one of these transcriptions without the plaintiff's consent. Plaintiff sued to enjoin rendition of the transcriptions. Held, that the injunction should be granted because there was a proprietary interest in the plaintiff's rendition of these musical numbers, …