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Articles 7081 - 7110 of 8523
Full-Text Articles in Entire DC Network
Constitutional Law - The Delegation Of Federal Legislative Power To Executive Or Administrative Agencies
Michigan Law Review
The range of governmental activity, ever expanding both because of the adoption of new functions and because of the increase in proportions of the old, has developed a frequent need for supervision by specialized administrative agencies. In addition to the normal trend toward increased administrative control, present-day economic difficulties have provided additional impetus in that direction. Hence the question of how far Congress can go in turning over its duties to executive or administrative agencies has become of immediate and vital concern.
Banks And Banking-Set -- Off -- Deposits In Fiduciary Capacity
Banks And Banking-Set -- Off -- Deposits In Fiduciary Capacity
Michigan Law Review
Plaintiff, receiver for an insolvent national bank, sued to recover money deposited in defendant bank. The defendant sought to set off a deposit as trustee in the insolvent bank. Held, the set-off would be improper. The claims are not mutual. A claim in a fiduciary' capacity cannot be set off against an individual debt. Thomas v. Potter Title & Trust Co., (D. C. W. D. Pa. 1932) 2 Fed. Supp. 12.
Public Policy And The Arrest Of Felons, John Barker Waite
Public Policy And The Arrest Of Felons, John Barker Waite
Michigan Law Review
Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …
Control Of Securities Selling, Watson Washburn
Control Of Securities Selling, Watson Washburn
Michigan Law Review
President Roosevelt in his inaugural address stated as one of the most important immediate necessities of the country "a strict supervision of all banking and credits and investments." This statement is in line with his campaign criticism of the failure of the Republican national administration to check the inordinate inflation of security prices in 1929. There is no doubt that the President's program in this respect received a sympathetic hearing throughout the country. Many state legislatures are now considering changes in state laws regulating securities. It is interesting that some States with rigid blue sky laws seem to be quite …
Federal Trade Commission - False And Misleading Advertising
Federal Trade Commission - False And Misleading Advertising
Michigan Law Review
The law provided neither practical remedies nor suitable means of preventing false and misleading advertising before the passage of the Federal Trade Commission Act in 1914. The doctrine of caveat emptor had long prevented the effectual protection of misled customers and of competitors consequently injured. True, competitors could enjoin or recover damages-for injury by misleading advertising which took the form of common law "unfair competition." The courts had found no great difficulty in extending established common law principles to make unlawful such obvious violations of the proprietary rights of particular competitors as "simulation" and "disparagement." Although there is little question …
Constitutional Law - Due Process And Equal Protection - Freedom Of Contract
Constitutional Law - Due Process And Equal Protection - Freedom Of Contract
Michigan Law Review
Plaintiff denied the constitutionality of a statute declaring every settlement of a personal injury claim, retainer, or employment contract, made while the person injured is under disability from the effect of the injury, or within thirty days after the date of the injury, voidable at the option of the injured party within six months after the date of the injury. Held, that such a statute is constitutional, being neither a deprivation of property without due process of law nor a denial of the equal protection of the law. Peterson v. Panovitz, (N. D. 1932) 243 N. W. 798.
Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases
Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases
Michigan Law Review
The defendant was indicted under a criminal statute making it a misdemeanor for agents and officers to transact business for any foreign corporation which had failed to comply with certain statutory requirements for conducting business in Maryland. The trial judge instructed the jury that if they believed the evidence to he true he was of the opinion that the defendant was an agent within the meaning of the statute. He cautioned them, however, that they were by article 15, sec. 5, of the constitution made judges of the law as well as fact and that his opinion as to the …
Finders -Lost Article In Taxicab
Finders -Lost Article In Taxicab
Michigan Law Review
X and Y, government agents, were taking A and B, bribery suspects, to the station in a taxicab. X thought he saw A drop something on the floor. When the cab reached its destination X picked up, from under the collapsible seat, a roll of bills, the ownership of which A denied. The bills were subsequently used in evidence against A and B. Petitioner, the driver of the cab, now claims the money on the ground that it was found on the floor of his cab and the real owner had not appeared. Held, petition dismissed because …
Future Interests-Rule In Shelley's Case
Future Interests-Rule In Shelley's Case
Michigan Law Review
In a recent North Carolina case a trustee under a deed of trust brought suit for specific performance against defendant who was the highest bidder, subject to approval of title, at a public sale of the property. Defendant contended that the trustee could not convey a title in fee since the deed to his grantor was "to R. W. for life with remainder to his bodily heirs by ------ if any," otherwise to another. Held, that defendant must perform his contract since the deed in question gave R. W. a contingent fee tail under the rule in Shelley's case, …
Municipal Corporations - Effect Of The Lowest Responsible Bidder Statutes On "Local Labor" Provisions
Michigan Law Review
The plaintiff, a taxpayer, brought a bill to prevent the defendant from carrying out a contract with a certain construction company. The plaintiff alleged that the requirement in the proposal for bids that all laborers should have been residents of Delaware for at least six months prior to the awarding of the contract violated the lowest responsible bidder statute. Held, it not having been shown that the requirement would, as a matter pf fact, increase the cost, it therefore did not violate the statute, Ebbeson v. The Board of Public Education in Wilmington, (Del. 1931) 156 Atl. 286.
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
Banks And Banking - Deposit Of Trust Funds In Individual Account Of Trustee - Liability Of Depositary
Michigan Law Review
Committee for an incompetent was directed, by the court order appointing him, to deposit in X bank all funds which might come into his possession. In violation of this order he deposited checks payable to himself as committee in his individual account in the defendant bank. Plaintiff, as substituted committee, sued the depositary for alleged diversions by the original committee, on the theory that the defendant aided the diversions by accepting the deposit of trust funds in the individual account of the committee. Held, under the rule of Bischoff v. Yorkville Bank defendant bank is not liable for the …
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Statutes of limitation are framed in terms of the interval between the accrual of a "cause of action" and the filing of suit. How far is the operation of this mathematical formula varied by the circumstance that the existence of the cause of action was for some time unknown to the suitor? In most American States statutes have given a partial answer to the question, but in uncertain terms. There, as well as in States where statutes are silent, an effort to provide a full and final answer would face a tangled web of history and legal doctrine, interwoven with …
Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death
Michigan Law Review
Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …
Practice And Procedure - Declaratory Judgments In The Federal Courts
Practice And Procedure - Declaratory Judgments In The Federal Courts
Michigan Law Review
The declaratory judgment by that name is comparatively new in legal procedure in this country. But it is in reality simply an extension of an old process. The power to declare the rights of the parties is inherent in courts of equity and has been exercised since ancient times in action to quiet title, to declare marriages valid or void, to annul divorces, to declare legitimacy or illegitimacy or determine heirship, to construe wills and trusts, and in other actions. A suit for a declaratory judgment in no wise differs from other suits save in the single respect of the …
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
Michigan Law Review
Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.
Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract
Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract
Michigan Law Review
The Rowena State Bank, a corporation organized under the laws of South Dakota, borrowed a sum of money from the plaintiff who was the president of the bank. A state statute provided : "In all cases where money is borrowed, a bank shall issue its 'Bills Payable' and shall show the true amount of borrowed money on its books." The bank failed to comply with this statute. A short time later the defendant as superintendent of banks took charge of this bank. The plaintiff brought an action to recover upon a quantum meruit for the money loaned. Held, that …
Contracts - Champerty
Michigan Law Review
Plaintiff leased her lands to defendant under a void oil and gas lease. One Johnston induced plaintiff to enter into a contract with him whereby Johnston agreed to pay the costs of a bill to cancel the lease in return for a new lease to himself should the bill be successful. Accordingly, this suit was brought to cancel the lease. The court, agreeing that the existing lease was void, nevertheless dismissed the bill on the ground that the contract between Johnston and plaintiff was void as against public policy, and that plaintiff had no standing in equity. Of the eight …
Criminal Law And Procedure-Jury
Criminal Law And Procedure-Jury
Michigan Law Review
In examining a prospective juror in a homicide case, the court asked him whether he had formed and expressed an opinion as to the guilt or innocence of the prisoner at the bar from having seen the crime committed or having heard any of the evidence delivered on oath. The venireman "shook his head and said no," but added that he had heard the case discussed a good deal and would rather not serve. Held, that he was not disqualified. Smallwood v. State, (Ga. App. 1932) 165 S. E. 476.
Duress -Threats Of Prosecution - Illegality
Duress -Threats Of Prosecution - Illegality
Michigan Law Review
Plaintiff filed a bill for cancellation, on the ground of duress or illegality, of a mortgage given by her to the defendant. The mortgage was induced by a promise of the defendant's attorney to use his influence to procure the release from jail of the mortgagor's husband and the dismissal of criminal proceedings originally brought against him by the defendant. Held, there was no duress, and no fraud or deceit was practiced upon the court or court officials, so relief must be denied. Wilhelm v. King Auto Finance Co., (Mich. 1932) 244 N. W. 130.
Equity - Supplemental Decrees
Michigan Law Review
Appellant sold a trade name to the appellee which the latter was to use on "crayons, pastels, oil and water color paints, pens and erasers." Appellee used the name on other commodities and the appellant obtained an injunction forbidding the use of the name on any articles not mentioned in the contract. A year later, and in another term of court, the appellant moved for a supplemental decree, representing that the appellee was violating the spirit of the injunction by drafting advertising so that through association of the commodities upon which the name could be used with those upon which …
The Contracts Restatement, Grover C. Grismore
The Contracts Restatement, Grover C. Grismore
Michigan Law Review
A book review of OF THE LAW OF CONTRACTS. By the American Law Institute.
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
All civilized States, in the interest of an efficient administration of justice, have felt compelled to fix time limits beyond which access to their courts would be denied to aggrieved parties. Interest reipublicae ut sit finis litium. This was true even of Roman law in which actions were normally perpetual. Since the limitations enacted by various legislatures differ widely, and since debts are transitory, permitting suit wherever the creditor can find the debtor (at least in countries where the Common Law prevails), it is of the first practical importance that definite rules of Conflict of Laws be evolved to …
Carriers - State Regulation Of Interstate Motor Carriers
Carriers - State Regulation Of Interstate Motor Carriers
Michigan Law Review
Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …
Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander
Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander
Michigan Law Review
Under the overwhelming weight of authority the reservation by the settlor of the income from trust property, or of other benefits, during his lifetime, and of the power to revoke the trust and so recover all or any part of the principal does not invalidate the trust; nor does the trust fail because the trust instrument is not executed in accordance with the Statute of Wills. Upon the death of the settlor the corpus of such a trust is distributable by the trustee in accordance with the terms of the trust instrument and does not pass to the executor or …
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Michigan Law Review
The far-reaching contest being waged between the advocates of municipal ownership of public utilities and the private ownership group, between those who "want the government to get out of business" and those who desire to see an increase in its proprietary functions, has produced a number of sharp legal controversies. One of the most interesting of these, recently litigated in a number of state courts, is whether an obligation incurred for the purchase or repair of a municipally-owned utility is a "municipal debt" within the meaning of constitutional or statutory debt limits. Because of the wide-spread interest in, and the …
The Value Of Sociology To Law, Robert C. Angell
The Value Of Sociology To Law, Robert C. Angell
Michigan Law Review
There has been a good deal said about a sociological approach to law and, as time goes by, more and more attempts are being made to turn words into action. There is a definite trend toward the tise of the sociologist, his research methods, his findings, or his body of principles by those concerned with the law. It may not be amiss, therefore, for a sociologist to inquire what the possibilities of this trend really are. Though, in certain respects, he may be less well equipped for this task than the student of law, he at least has the advantage …
Contracts -Anticipatory Breach - Recovery Of The Present Worth Of Unmatured Installments Of A Debt
Contracts -Anticipatory Breach - Recovery Of The Present Worth Of Unmatured Installments Of A Debt
Michigan Law Review
It is generally agreed that recovery may be had in one suit not only of the damages suffered up to the date of the writ but also of prospective damages for the non-performance of that which is not yet due, whenever a defendant has committed a partial material breach of an executory bilateral contract or of a unilateral contract to do something other than to pay a sum of money. The same conclusion is reached whenever a defendant has repudiated his promise after the time for beginning performance has arrived. These propositions are accepted even in those jurisdictions which do …