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Articles 6511 - 6540 of 8523
Full-Text Articles in Entire DC Network
Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook
Covenants - Effect Of Change Of Conditions On Equitable Restrictions, Dan K. Cook
Michigan Law Review
Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the …
Jurors - Disqualification For Relationship To Parties - Who Are Parties, James H. Kilbourne
Jurors - Disqualification For Relationship To Parties - Who Are Parties, James H. Kilbourne
Michigan Law Review
Defendant was convicted of grand larceny. His motion for a new trial on the ground that one of the jurors was disqualified for implied bias because she was the mother of a deputy prosecuting attorney of the county was denied. Defendant appealed. Held, there was no error in denying the motion, for the juror was not disqualified. State v. Peterson, 190 Wash. 668, 70 P. (2d) 306 (1937).
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Michigan Law Review
A New York statute provided for the public transportation of school children to public and private schools. Plaintiff instituted a taxpayer's action to enjoin defendant board of education from furnishing transportation, in compliance with the statute, to children attending a parochial school. Plaintiff contended the statute was unconstitutional by reason of a provision of the New York constitution which forbade public aid or maintenance of denominational schools. Held, that the statute was valid, and plaintiff's prayer was denied. Judd v. Board of Education, 164 Misc. 889, 300 N. Y. S. 1037 (1937), affd. (App. Div. 1938) 3 N. …
Taxation - Federal Income Tax - Non-Exemption Of Compensation Of State Employees Derived From Funds Of Liquidated Corporations, Gerald L. Stoetzer
Taxation - Federal Income Tax - Non-Exemption Of Compensation Of State Employees Derived From Funds Of Liquidated Corporations, Gerald L. Stoetzer
Michigan Law Review
The Commissioner of Internal Revenue assessed employees of a state or an instrumentality thereof for federal income tax, their compensation having been paid from funds of banks and insurance companies in the liquidation of which they were engaged. Held, that the tax was properly assessed against the taxpayers so engaged because (1) the compensation was paid out of assets of private corporations and (2) the business in which they were employed for the state was not in the discharge of essential governmental duties. Helvering v. Therrell, (U.S. 1938) 58 S. Ct. 539.
Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competition, Frank B. Stone
Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competition, Frank B. Stone
Michigan Law Review
An order of the Federal Trade Commission issued against the defendant publisher requiring it to cease and desist from representing to prospective purchasers, contrary to fact, (1) that the purchaser was a selected person in the community to whom special offers were being made, and (2) that an encyclopedia was being given to him free, a charge being made only for an annual supplement. The Circuit Court of Appeals for the Second Circuit affirmed the first clause but dismissed the second. Held, that the second clause should be reinstated. Federal Trade Commission v. Standard Education Society, 302 U.S. …
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.
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Michigan Law Review
A recent personal injury case, Erie Railroad v. Tompkins, arose in the federal district court, based upon diversity of citizenship, in which the defendant urged that state judicial decisions of Pennsylvania, the locus delicti, imposed no liability on it for negligence to trespassers. The plaintiff denied that such was the Pennsylvania law and alternatively replied that the issue of law was one to be determined by the federal court without regard to the law of Pennsylvania. On April 25, 1938, a verdict for the plaintiff was unanimously set aside by the Supreme Court. Two members, Justices Butler and McReynolds, …
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Courts - Judicial Ethics - Broadcast Of Murder Trial, Michigan Law Review
Michigan Law Review
A microphone was installed in a court room with consent of the trial judge and counsel, for a direct broadcast of a murder trial. Prisoner's counsel, in his argument to the jury, made certain remarks concerning the plaintiff, state's witness, which the latter claimed were libelous per se. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff asserted that the installation of the equipment was an "extrajudicial and illegal" act. Defendant trial judge's motion for non-suit was granted at the close of plaintiff's case, The case was submitted to the …
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.
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.
Waters And Watercourses - Navigable Waters - Dried-Up Lake - Reliction, Daniel Hodgman
Waters And Watercourses - Navigable Waters - Dried-Up Lake - Reliction, Daniel Hodgman
Michigan Law Review
A meandered lake, during periods of normal rainfall covering 3000 acres, due to years of drought completely dried up. Plaintiff, the owner of land abutting on the lake, sued the defendant, a stranger, who entered on the dry bed and cut hay, plaintiff claiming ownership of that part of the dry bed where the hay was cut as relicted land. Held, that the lake which was deemed navigable before it dried up was still a navigable lake although no water was in it; that as a navigable lake the ownership of the bed was in the state in trust …
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Michigan Law Review
We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …
Testamentary Conditions Against Contest, Olin L. Browder Jr.
Testamentary Conditions Against Contest, Olin L. Browder Jr.
Michigan Law Review
It is the natural desire of any testator that his will be speedily probated after his death and that there be no rancorous bickerings over his estate by his beneficiaries. One might, therefore, expect that no-contest conditions--conditions prescribing forfeiture of any interest under the will if a beneficiary contests probate-would be of common occurrence and that the rules regulating a testator's right to employ them would be well settled. As a matter of fact, conditions of this type have appeared from time to time ever since cases were first reported, but their validity is far from settled; the state of …
Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow
Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow
Michigan Law Review
One of the long accepted differences between the common law and the civil law has been the freedom of testamentary disposition of the former as contrasted with the limitations of the latter. Thus, while the continental testator was limited in the amount of property that he could leave away from the members of his immediate family, the Englishman could cut them all off without a penny. In other common-law countries the same liberty was continued; but recent years have witnessed important departures.
Labor Law-Power Of National Labor Relations Board To Order Disestablishment Of Company Union, Wayne E. Babler
Labor Law-Power Of National Labor Relations Board To Order Disestablishment Of Company Union, Wayne E. Babler
Michigan Law Review
In two recent Supreme Court cases, National Labor Relations Board v. Pennsylvania Greyhound Lines, lnc., and National Labor Relations Board v. Pacific Greyhound Lines, lnc., it was held that the Board had the power under section 10 (c) to order an employer, who had created, fostered and dominated a labor organization of its employees, to withdraw recognition from such organization of its employees, to withdraw recognition from such organization as representative of the employees and to post notices that it was "so disestablished." In so doing the Court reversed the respective circuit courts which had held the Board was …
Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann
Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann
Michigan Law Review
Two recent Supreme Court decisions, interpreting the Norris-LaGuardia Act at its most troublesome area, confirm the Congressional revision of the rules governing scrimmages between capital and labor in the federal courts. In holding in Lauf v. Shinner that the struggle by an outside union for unionization of a shop, none of whose employees were affiliated with the organizing union, and in New Negro Alliance v. Sanitary Grocery Co. that agitation by members of a negro racial protective organization to compel employment of negro workers were "labor disputes" within the meaning of section 13, the Supreme Court has substantially put to …
Injunctions - Defamation - Injury To Business, Charles E. Nadeau
Injunctions - Defamation - Injury To Business, Charles E. Nadeau
Michigan Law Review
A complaint praying for an injunction alleged that plaintiff, a retail dealer in automobiles, sold defendant an automobile in good condition; that defendant complained of the steering and demanded a replacement of the parts; that upon inspection, the steering apparatus was found to be in good condition and defendant's request was refused; that thereafter defendant carried signs on the car indicating that it was defective and that plaintiff would do nothing about it; and that he did this, knowing that his claims were false, solely for the purpose of injuring plaintiff and to extort money from him. On overruling a …
Principal And Surety - Duty Of Obligee To Disclose To Surety - Surety's Right Of Subrogation, Julian Caplan
Principal And Surety - Duty Of Obligee To Disclose To Surety - Surety's Right Of Subrogation, Julian Caplan
Michigan Law Review
Surety defended an action on the bond of the town treasurer on the ground that at the time the bond was entered into the treasurer, in violation of statute, had deposited in a local bank an amount exceeding thirty per cent of the total deposits of the bank and that the town selectmen, although well aware of the situation, failed to disclose the facts to the surety. Plaintiff contended that there was no duty to disclose these facts to the surety, especially since the treasurer's annual report showed that the amount of the deposits exceeded the legal limit. As an …
Torts - Negligent Misrepresentations - Information Gratuitously Supplied, Michigan Law Review
Torts - Negligent Misrepresentations - Information Gratuitously Supplied, Michigan Law Review
Michigan Law Review
Plaintiffs, who were liquidating trustees of a building and loan association, alleged that the association requested defendant to send it a copy of a certain will, but that defendant, who was trustee under the will, sent the association a copy of another will. Since the testators bore the same name, the association did not realize the error, but relied on the copy and suffered a loss which it would not have suffered if it had known the true state of facts. Plaintiffs sued to recover the loss. Held, plaintiffs have not stated a cause of action, inasmuch as they …
Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens
Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens
Michigan Law Review
In a recent case compensation was sought for the taking of riparian land for public use. The Supreme Court of Nebraska held that the award should be limited to damages to those sections of land {by the government plat) bordering on the stream. A decision note in this REVIEW criticized that ruling. It was there said that proximity to riparian land might add value even to non-riparian land. Later a rehearing of the case was granted and a new opinion filed. Held, "damages . . . are not limited to governmental sections a part of which is included in …
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.
Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis
Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis
Michigan Law Review
An Illinois statute provided for the compulsory retirement of teachers at the age of seventy with an annuity of $1500 a year for life, and an amendment thereto granted annuities on a sliding scale from $1000 to $1500 a year to teachers voluntarily retiring between the ages of sixty-five and seventy. These provisions were changed by an act of 1935 which abolished the provisions for voluntary retirement and .fixed compulsory retirement at the age of sixty-five, with annuities reduced to a flat rate of $500 annually. Plaintiffs, who either had retired or were eligible for retirement at the time the …
Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review
Highways - Title Which An Abutter May Obtain In A Public Street By Adverse Possession, Michigan Law Review
Michigan Law Review
By the plat, the lots of P and D in the unincorporated village of Crescent were separated by a street sixty-six feet wide. Actually the street was never opened and only the twenty feet abutting P's property had been used as a way of access to land held by P and D and others. The remaining two-thirds of the street had been fenced by D and used by him as his for thirty years. P brought a statutory action to vacate the streets of the village. D cross-petitioned to have title to the fenced area quieted in him. Held …
Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review
Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review
Michigan Law Review
Plaintiff secured a temporary injunction against the picketing of her beauty shop by members of a union who sought an agreement as to the prices which plaintiff would charge her customers. None of plaintiff's employees were dissatisfied with the terms and conditions of employment. The trial court, on the basis of allegations in plaintiff's bill, affidavits and oral testimony, but without an answer being filed by defendant, held that the case did not "involve or grow out of a labor dispute" and awarded a temporary injunction. A Minnesota statute provided that no court of the state should have "jurisdiction" to …
Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy
Libel And Slander - Slander Of Title As A Protection Against Unfair Interference With Sale Of Literary Work, James W. Mehaffy
Michigan Law Review
In a slander of title action, the complaint alleged that defendant requested plaintiffs to write a motion picture scenario based on historical events, but after plaintiffs submitted the scenario, defendant rejected it. Thereafter defendant announced its intention, by filing a statement with a voluntary association of motion picture producers, to produce a picture based on the same plot as that contained in plaintiffs' scenario. As a result, plaintiffs were unable to sell their scenario to any other producer. Held, that the complaint was insufficient in the absence of an allegation of special damages. Carrol v. Warner Bros. Pictures, Inc. …
Parent And Child - Effect Of Adoption On Duty Of: Parent To Support Child, Marcus L. Plant
Parent And Child - Effect Of Adoption On Duty Of: Parent To Support Child, Marcus L. Plant
Michigan Law Review
The defendant, father of the child whose support was in question, was-divorced by the plaintiff, mother of the child, in 1927. At that time, with the consent of both parties, the maternal grandparents adopted the child. In 1931 the grandfather died insolvent, and in 1933 the grandmother remarried and left the state. In 1934 the plaintiff adopted the child, and brought suit against the defendant for its support. The court entered an order requiring him to pay ten dollars per week for that purpose. After compliance for several months the defendant stopped payment, and in contempt proceedings protested the validity …
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.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 36, Issue 6 of Michigan Law Review
Corporate Nationality And The Neutrality Law, Paul Weidenbaum
Corporate Nationality And The Neutrality Law, Paul Weidenbaum
Michigan Law Review
Even a superficial reading of the neutrality law indicates that certain problems of corporate entity and nationality are of utmost importance for its future working. This act seeks to give protection from certain real or assumed dangers. The problem arises whether such purpose cannot be wholly frustrated by the simple means and ways afforded by incorporation. This problem has never been hidden.
The Uncompensated Industrial Injury, Stanley Law Sabel
The Uncompensated Industrial Injury, Stanley Law Sabel
Michigan Law Review
Workmen's compensation laws as means by which industry shares part of the burden of the human toll incident to the cost of production are reaching the maturity of their development. The adoption of such laws has been wide; all but two states in the union now have some provision by which employees engaged in most lines of work are compensated without regard to fault for injuries caused by their work.