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Articles 6721 - 6750 of 8523
Full-Text Articles in Entire DC Network
Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps
Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps
Michigan Law Review
Defendant was convicted of violating an ordinance of the City of Long Beach. That ordinance related exclusively to the barber trade and made it a misdemeanor, punishable by fine or imprisonment or both, to advertise prices of services in any publication, handbill, or notice whatsoever, provided, however, that prices might be displayed within a barber shop in such manner as not to be visible from the outside, and provided further that no advertising of prices should be allowed on the windows or on the outside of the shop, or on the adjacent sidewalk or street. Held, the ordinance was …
Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard
Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard
Michigan Law Review
On a bill of complaint being filed in chancery court an injunction was issued against the defendant therein, and the papers in the cause were ordered suppressed by the chancellor, and to that end, sealed in an envelope. The bill alleged misrepresentation on the part of a leading banker in getting stockholders to contribute toward making up the defalcations of other officers in the bank and malfeasance of other officers. Defendant newspaper reporter obtained information relative to the allegations in the bill from sources other than the suppressed file and published the same nine months later. Upon citation for contempt, …
Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee
Eminent Domain -Valuation Of Land - Evidence Of Potential Use, Donald H. Larmee
Michigan Law Review
The United States Government condemned certain lands of the petitioners on the island of Oahu for a federal public purpose. Although the owners of the lands had for many years used them mainly for cattle raising, they had in view the ultimate use of them for the growing of sugar cane. The petitioners offered to prove that over 3,000 acres of the tract were suitable for the growing of sugar cane due to the climate and contour of the land. They further offered to prove that on other lands owned by them a water source was available from which water …
Injunctions - Interest Necessary To Enjoin The Practice Of A Profession Without A License, Michigan Law Review
Injunctions - Interest Necessary To Enjoin The Practice Of A Profession Without A License, Michigan Law Review
Michigan Law Review
Three individual plaintiffs, as registered optometrists, and the Michigan Society of Optometrists, on behalf of themselves and duly registered members of their profession, filed a bill to enjoin the defendant corporation from violating a section of the Michigan Optometrical Act, and to specifically enjoin the advertisement of glasses and using in connection with such advertisement the statement, "Scientific eye examination included." Held, suit may be brought by parties engaged in a profession to enjoin unfair trade and practice even though such practices are punishable by criminal penalties. Seifert v. Buhl Optical Co., 276 Mich. 692, 268 N. W. …
Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps
Taxation-Validity Of Tax On Income Of Superintendent Of School Cafeteria System -Sovereign Immunity, Elbridge D. Phelps
Michigan Law Review
Petitioners, husband and wife, residents of Texas, made returns of community income for the year 1932, listing as exempt the salary of the wife who was superintendent of a non-profit cafeteria system operated by the Ft. Worth public schools for the exclusive patronage and benefit of teachers and students. The Commissioner of Internal Revenue refused the exemption and levied a deficiency tax of $105. On appeal from an affirmance of the commissioner's decision by the Board of Tax Appeals, held, reversed on the ground that the operation of the cafeteria system was a proper exercise of a governmental function …
Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson
Torts - Right Of Privacy - Newsreel As Violation Of, Royal E. Thompson
Michigan Law Review
Section 51 of the New York Civil Rights Law provides that: "Any person whose name, portrait or picture is used . . . for advertising purposes or for the purposes of trade without the written consent first obtained . . . may maintain an equitable action . . . to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use . . . . " Held, publication by defendant of a newsreel showing plaintiff and other stout women exercising in a gymnasium with the aid of unique …
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.
Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review
Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review
Michigan Law Review
A parent corporation owned all the stock of a subsidiary which it had organized to hold real estate, its own business being mercantile. The directors and officers of both corporations were identical. The subsidiary sublet premises for ninety-nine years, in turn leasing them to the parent for ten years. Improvements were made in accordance with the subsidiary's contract, and "leasehold trust certificates" were issued by an assignee of the underlying lease. The parent quit the premises before the expiration of its lease, but paid the rent for the whole period. The subsidiary then defaulted on the ninety-nine year lease, having …
Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson
Taxation-Proceeding Before United States Board Of Tax Appeals -Validity Of Subpoena Duces Tecum - Unreasonable Search And Seizure, Royal E. Thompson
Michigan Law Review
In a proceeding for judicial process to compel defendant to obey a subpoena duces tecum issued by the United States Board of Tax Appeals, defendant asserted that the documents called for were irrelevant to the issue involved, and that the subpoena was a violation of the Fourth Amendment to the Federal Constitution. Held, a witness is not entitled to resist a subpoena for mere incompetency or irrelevancy. To question admissibility, the papers must be so manifestly irrelevant as to make it plain that it is a mere "fishing expedition." One paragraph of the subpoena was declared invalid, as lacking …
Section 77b, The Chandler Bill And Other Proposed Revisions, John Gerdes
Section 77b, The Chandler Bill And Other Proposed Revisions, John Gerdes
Michigan Law Review
Section 77B of the Bankruptcy Act has been in effect since June 7, 1934. Its novelty and recognized importance in the field of corporate reorganizations have aroused great interest and wide discussion. The attention which it has received has brought to the fore criticisms of many aspects of the statute.
Corporations - Capital, Capital Stock And Stock, Frederick K. Brown
Corporations - Capital, Capital Stock And Stock, Frederick K. Brown
Michigan Law Review
The recent case of Haggard v. Lexington Utilities Co. is typical of the nominalistic confusion occasioned by the use of the terms "capital" and "capital stock." Whatever progress the courts have made toward making them words of precise signification has not been reflected in the drafting of statutes, where they are employed to represent a bewildering number of connotations. The courts have recognized this and have not sought to make them words of art with a single, definitive meaning but through the mechanics of statutory interpretation have sought to divine the legislative intent.
Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow
Michigan Law Review
One of the most vexing problems which confronts a police officer investigating a crime is to determine how far he may go in seizing goods from the possession either of the person accused of the crime or of some other person. To him it is important not only as it may affect law suits against him for invasion of possessory rights, but also to make the goods thus seized admissible in evidence. To the individual this problem is important in securing full protection against unwarranted invasions of his possession. It is elementary in our legal system that the possessory rights …
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.
The Proposed United States Administrative Court, Robert M. Cooper
The Proposed United States Administrative Court, Robert M. Cooper
Michigan Law Review
The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Michigan Law Review
The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.
Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz
Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz
Michigan Law Review
Defendant union picketed in an orderly manner to secure the cooperation of plaintiff's employees in the unionization of his open shop establishment. Plaintiff had apparently been unopposed to such unionization but, when his employees failed to respond to defendant's solicitations, had declined to encourage it in any way. Held, defendants, their agents, etc., enjoined from picketing plaintiff's place of business. Safeway Store, Inc. v. Retail Clerks' Union, 184 Wash. 322, 51 P. (2d) 372 (1935).
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Libel And Slander - "Of And Concerning Plaintiff'' - Defendant's Intent, Michigan Law Review
Michigan Law Review
Defendant had a picture of plaintiff actress on display at the entrance to his burlesque theater. Plaintiff was not employed by the defendant and was not performing there. Held, that the publication could be found to have been made of and concerning the plaintiff even if the defendant knew nothing about the plaintiff. Louka v. Park Entertainments, Inc., (Mass. 1936) 1 N. E. (2d) 41.
Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt
Witnesses - Instruction As To Credibility Of Police Officers And Paid Detectives, Theodore R. Vogt
Michigan Law Review
Defendant was convicted of violating the liquor laws. He complained of the trial court's refusal to instruct the jury that greater care should be used in weighing the evidence of police officers than that of other witnesses. Held, such an instruction was properly refused because the witnesses were regular members of the city police force. McCartney v. State, 129 Neb. 716, 262 N. W. 679 (1935).
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Workmen's Compensation-Burden Of Proof Of Cause Of Accident- Presumptions, Michigan Law Review
Michigan Law Review
Decedent, who was an employee of respondent, was found dead in respondent's store with a rope around his neck and legs. The doctor found that death was caused by asphyxiation by hanging. The deputy commissioner held that petitioner had not sustained the burden of proving that decedent met with an "accident arising out of and in the course of" employment, and that the mere finding of the body of an employee on the premises of an employer will not alone raise a presumption that there was an "accident arising out of and in the course of" the employment. Dietz v. …
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-four leading law reviews.
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Michigan Law Review
Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee
Michigan Law Review
After foreclosure in Florida of a purchase money mortgage on Florida land, the mortgagee filed a claim for the deficiency against the estate of one of the co-mortgagors, who was a permanent resident of Michigan, and who had been served only by publication in the foreclosure suit. In the foreclosure proceedings the mortgagee had prayed for a deficiency decree, and the Florida court had retained jurisdiction for that purpose, after ordering the sale. The mortgagee had taken no further steps in that proceeding. Held, the Florida law was controlling, and that by Florida statutes, as construed by the courts …
Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review
Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review
Michigan Law Review
The insured died from bullet wounds inflicted by a revolver in the hand of the beneficiary. After there had been an indictment for murder the beneficiary pleaded guilty to so much of the indictment as charged manslaughter. The beneficiary sued on the insurance policy. The Supreme Court of Massachusetts held that there was error in directing a verdict for the insurer because a beneficiary who is guilty of manslaughter, where there was no intentional injury of a kind likely to cause death, is not barred from recovering on the policy. Minasian v. Aetna Life Insurance Co., (Mass. 1936) 3 …
Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale
Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale
Michigan Law Review
A New Mexico statute exacts a flat permit fee for the privilege of transporting motor vehicles, on their own wheels, over the highways of the state, for purpose of sale within or without the state. Held, this does not impose an unconstitutional burden on interstate commerce nor does it discriminate against a citizen of another state engaged in transporting automobiles on their own wheels, in processions or caravans, for sale outside of New Mexico. Morf v. Bingaman, (U.S. 1936) 56 S. Ct. 756.
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-four leading law reviews.
Taxation - Exemptions - Municipally-Owned Property
Taxation - Exemptions - Municipally-Owned Property
Michigan Law Review
In settlement for collateral notes given to secure its deposits in a bank which became insolvent, a municipality had conveyed to it an office building, located in a county other than the one in which said municipality was situated. The city thereafter rented the offices to tenants operating private businesses. The county in which the building was located subjected it to an ad valorem tax. Contesting the right to its collection, the city failed to pay the assessed taxes, for a period of four years. Held, the property, although municipally-owned, not being held or used for any governmental or …
International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization
Michigan Law Review
The Moscow Fire Insurance Company, the Northern Insurance Company of Moscow, and the First Russian Insurance Company were incorporated in Russia under the Czarist regime, and given authority to do business in New York. Deposits were made in New York for the benefit of policy holders and creditors in this country. Subsequent to the revolution in Russia and the Soviet decrees nationalizing all Russian corporations and confiscating without compensation such corporations' assets in Russia and abroad, these deposits were turned over to the New York State Insurance Commissioner for liquidation. Large sums remained after domestic claims were satisfied and the …
Constitutional Law - Impairment Of Obligation Of Contracts Change In Statutory Regulations For Withdrawal And Payment Of Building And Loan Association Members
Michigan Law Review
Plaintiff became a member stockholder of the defendant building and loan association under a general Louisiana statute authorizing such corporations. This law provided for withdrawal of members, setting up a fund for payment to be made in order of notice of intent to withdraw. Plaintiff placed his name on the list, but before payment the statute in question was enacted and payment was refused. This statute abolished the liquidation fund and changed the order of withdrawal to a payment of 25 per cent of the claim at the head of the list, the claimant's name to be then placed at …
Insurance - Remainderman's Share In Proceeds Of Life Tenant's Policy
Insurance - Remainderman's Share In Proceeds Of Life Tenant's Policy
Michigan Law Review
Buildings insured by the life tenant for their full value were totally destroyed and the insurance money paid over to the life tenant. The remainderman brought suit under a statute requiring the giving of security for the protection of the remaindermen by those having limited interests in personal property. Held, the remainderman has no interest in the proceeds of the policy and cannot compel the life tenant to render security. In re Gorman's Estate, (Pa. 1936) 184 A. 86.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 35, Issue 1 of Michigan Law Review