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Articles 7141 - 7170 of 8523
Full-Text Articles in Entire DC Network
Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers
Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers
Michigan Law Review
Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …
Non-Assignment Provisions In Land Contracts, Edwin C. Goddard
Non-Assignment Provisions In Land Contracts, Edwin C. Goddard
Michigan Law Review
Many a sale of real estate is made to a purchaser who lacks the ready cash to pay the price. A deed of conveyance may be given with a mortgage back for the unpaid portion of the purchase price. But more and more in recent years the vendor has given a contract to convey conditioned upon the making of periodical payments of stipulated amounts, a deed to be given when the whole or a stated portion of the purchase price has been paid. The initial payment may be very small, and not infrequently the periodic payments are little more than …
Burden Of Proof In Rate Cases Involving Inter-Corporate Charges, William E. Treadway
Burden Of Proof In Rate Cases Involving Inter-Corporate Charges, William E. Treadway
Michigan Law Review
The United States Supreme Court has held repeatedly that dealings between intercorporately related companies should be scrutinized closely to prevent any unfair advantage being taken of a subsidiary public utility company by a dominant organization through an exercise of the control inherent in capital stock ownership.1 Yet in an opinion written by Mr. Justice McReynolds in 1923, the court laid down a rule for utilities commissions in rate cases involving intercorporate service-contract charges which, if strictly adhered to, would have sounded the death knell for effective commission regulation.
Legislative Committees And Commissions In The United States, John A. Fairlie
Legislative Committees And Commissions In The United States, John A. Fairlie
Michigan Law Review
In the Congress of the United States and the legislatures of the forty-eight states committees composed of a limited number of members play an important part and to a large extent the predominant part, in legislation both by making preliminary inquiries and by planning the detailed provisions of measures. While important changes are at times made in the general sessions, the final result is in a large measure determined by the several committees. In most American legislative bodies there are numerous committees of various kinds, such as select committees for limited special purposes, standing committees regularly appointed, conference committees, and …
Limiting Jurisdiction Of Federal Courts-Pending Billscomment By Members Of Chicago University Law Faculty
Michigan Law Review
At the time the last session of Congress adjourned four important bills affecting the jurisdiction of federal district courts were being considered. The Norris-La Guardia bill would abolish the jurisdiction of federal district courts in suits of a civil nature "between citizens of different states." The Attorney General's bill would not eliminate any of the language of the first paragraph of section 24 of the Judicial Code but would add a provision that a foreign corporation carrying on business in a state other than the one wherein it was organized shall be treated as a citizen of the state wherein …
Restrictive Indorsements
Michigan Law Review
Under Sec. 36 of the N. I. L. an indorsement is restrictive which prohibits further negotiation or constitutes the indorsee the agent of the indorser or vests the title in a trustee in trust for some other person. The mere absence of words importing a power to negotiate does not, however, make the indorsement restrictive. Among the rights of a restrictive indorsee as declared by Sec. 37 is the one to bring "any action thereon that the indorser could bring." The remaining provision of the statute dealing with such indorsements is Sec. 47, which provides that "An instrument negotiable in …
Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance
Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance
Michigan Law Review
Although there was some dispute among the earlier authorities, it is the rule today that comprehensive zoning ordinances, if enacted under proper legislative authority, are constitutional and will be upheld in so far as they are reasonable in application. In order to give aggrieved property owners an opportunity to obtain relief upon the basis of the ordinance itself without attacking its constitutionality, it has become common practice to give the board of appeals the power to vary the operation of the ordinance in specific cases.
Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable
Michigan Law Review
In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from …
Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance
Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance
Michigan Law Review
Cars in which liquor was imported were seized by the government. The operators were prosecuted for violation of the customs laws, and the government attempted to declare forfeiture of the cars under the customs laws. Lienors whose rights are not recognized under these laws intervened and claimed that forfeiture could be declared only under the National Prohibition Act which saves the rights of lienors. Held, in General Motors Acceptance Corp. v. United States, that forfeiture may be declared either under customs laws or the National Prohibition Act.
Negligence-"Family Automobile" Doctrine Applied To Motorboat
Negligence-"Family Automobile" Doctrine Applied To Motorboat
Michigan Law Review
Plaintiff, while riding as a guest in a motorboat owned and maintained by defendant for the pleasure of his family, sustained injuries caused by the alleged negligence of the operator, defendant's son. In an action brought for damages arising out of said injuries, Felcyn v. Gamble, et al., the order sustaining demurrer interposed by defendant was affirmed, the "family automobile" doctrine being declared inapplicable.
Taxation-Federal Instrumentalities-Exemption From State Tax
Taxation-Federal Instrumentalities-Exemption From State Tax
Michigan Law Review
Appellant, a New York corporation which is engaged in Georgia in licensing copyrighted motion pictures, brought suit to restrain a Georgia tax upon the gross receipts of royalties. Appellant urged the invalidity of the tax upon the ground that copyrights are instrumentalities of the United States. The supreme court of Georgia ruled that the suit should be dismissed. On appeal to the Supreme Court of the United States it was held, in Fox Film Corporation v. Doyal, that a state tax on royalties derived from copyrights is valid.
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity
Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity
Michigan Law Review
The latest effort of organized labor to protect itself against judicial interference in industrial disputes is to be found in the Norris anti-injunction bill, passed by Congress early this year and signed by the President on March 23, 1932. Its object is to limit the powers of federal courts at law and in equity, and chiefly to regulate the grant of federal injunctions in labor disputes. Similar legislation, state and federal, has encountered many obstacles, either by way of restrictive interpretation or through constitutional limitations. It is, therefore, interesting to examine not only the main provisions of the Norris Act …
Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss
Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss
Michigan Law Review
The Judicial Code provides, in section 265, that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State," except where authorized by the Bankruptcy Act. This provision, minus the bankruptcy exception, first appeared in an act of 1793, amending the Judiciary Act of 1789. We know next to nothing of the parliamentary history of this statute. We do, however, know that the basic political issue in the framing of the Constitution was that of states' rights, the question how far the new government should be a …
Controlling The Production Of Oil, Donald H. Ford
Controlling The Production Of Oil, Donald H. Ford
Michigan Law Review
The present pressing need for controlling the production of oil is due to a variety of causes. The principal factors that have contributed to the existing situation to "the flood of oil that takes on the proportions of a national disaster'' are: (1) A rapid improvement in exploratory technique, geological and geophysical, which has resulted in "bringing in" too many new oil fields. (2) Enormous advances in the art of drilling, especially as regards rapidity of drilling and the depths attained. (3) Improved methods of refining which furnish an ever-increasing percentage of gasoline from. the crude. (4) The development of …
Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper
Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper
Michigan Law Review
In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the. methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the quality of the evidence submitted as the …
Constitutional Law - Due Process-Business "Affected With A Public Interest''
Constitutional Law - Due Process-Business "Affected With A Public Interest''
Michigan Law Review
Ever since Munn v. Illinois there has been continuous dispute as to what regulation is deprivation of property without due process of law within the prohibition of the Fourteenth Amendment. In this first case Chief Justice Waite, discussing with approval prior statutes regulating the rates of chimney sweeps and of auctioneers, the price of bread, the charges of draymen and of hackneycabs, concluded that, if these might be regulated, surely so important a matter as the rates of the great grain elevators in Chicago might be subjected to regulation. The position taken was expressed by these sentences: "From this it …
Evidence-Corroboration In Criminal Cases
Evidence-Corroboration In Criminal Cases
Michigan Law Review
On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.
Public Utilities -The Effect Of Recent Cases On The Control Of Public Utility Holding Companies
Public Utilities -The Effect Of Recent Cases On The Control Of Public Utility Holding Companies
Michigan Law Review
When the stock of a local utility company is owned by a holding company, difficult problems of regulation are presented to the state utilities commission. The commission can still control the rates which the local utility can charge, but, usually it cannot directly control the holding company which is a private business or is engaged in interstate commerce. Yet some control over the holding company is necessary for the effective control of the local utilities, and recent years have witnessed several attempts on the part of state commissions to obtain this control. So far they have not been entirely successful.
Agency- Liability Of Principal For Torts Of Agent-Apparent Authority
Agency- Liability Of Principal For Torts Of Agent-Apparent Authority
Michigan Law Review
Defendant regularly delivered goods to plaintiff C. O. D. Lambert was employed by defendant to deliver such goods and collect for them, and for this purpose he was given blank re6eipts which he was authorized to fill out and sign upon being paid for the goods. The usual course of business was for Lambert to deliver to plaintiff's shipping clerk who signed the delivery bill, and then collect from plaintiff's cashier who was stationed in another room. Plaintiff's cashier never asked to see this delivery bill, but always took Lambert's word as to the amount due. For a period of …
Receivers - Liability For Corporate Franchise Taxes Accruing After Appointment
Receivers - Liability For Corporate Franchise Taxes Accruing After Appointment
Michigan Law Review
In a comment appearing in the May issue of the Review (30 MICH. L. REV. 1094), this writer considered the existing conflict of decisions on the question of a receiver's liability for corporate franchise taxes accruing during the period of receivership. The opposing views, as represented by In Re Detroit Properties Co., 254 Mich. 523, 236 N. W. 850 (1931), and Michigan Trust Co. v. Michigan (C. C. A. 6th, 1931) 52 F.(2d) 842, were compared and evaluated. Both decisions were based on the same Michigan statute (2 Comp. Laws 1929, sec. 10140). It was pointed out that the …
Criminal Law In Russia, Pendelton Howard
Criminal Law In Russia, Pendelton Howard
Michigan Law Review
A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.
The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant
The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant
Michigan Law Review
When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 30, Issue 7 of Michigan Law Review
When Is A Corporation Insolvent?, Floyd Mathew Rett
When Is A Corporation Insolvent?, Floyd Mathew Rett
Michigan Law Review
There is general unanimity that as to real persons "insolvency" means the inability of a debtor to pay his obligations as .they fall due in the usual course of business - even though the value of his assets exceeds the aggregate of his liabilities. But the question - when is a corporation insolvent - the question to which this paper is devoted, is one with very varied answers. The answers may vary both with the nature of the corporation concerned and with the type of transaction involved. There are, however, two conventional definitions of corporate "insolvency," with occasional variations and …
Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases
Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases
Michigan Law Review
Perhaps the doctrine of stare decisis is sometimes deserving of severe criticism in its application to matters of substantive law; but the unfortunate results of uncritical adherence to precedent appear most clearly in regard to rules of procedure, where the demand for certainty cannot be justified by a supposed reliance of laymen on "settled" rules. The evils are aggravated where inconvenient decisions are not undermined or their effects evaded by the lawyer's typical process of "distinguishing'' cases. A forcible illustration is the firm refusal of most courts to extend quasicontractual relief to cases of use and occupation of land by …
Receivers -Liability For Corporate Franchise Taxes Accruing After Appointment
Receivers -Liability For Corporate Franchise Taxes Accruing After Appointment
Michigan Law Review
General business conditions of the last three years have made the field of receivership law an extremely interesting and important one to that portion of the bar which has been picking up the pieces left by the debacle of 1929. The widespread liquidation and dissolution of great business organizations has been effected in large part through the medium of the receivership. One of the more difficult problems arising in connection with such receiverships has been the liability of the receiver for franchise taxes. Such taxes have been held to be not property levies but excises on the privilege to carry …
Wills - Legacies On Impossible Or Illegal Conditions Precedent
Wills - Legacies On Impossible Or Illegal Conditions Precedent
Michigan Law Review
If a devise of realty be upon a condition subsequent which is impossible of performance or which is illegal as being malum prohibitum, it is generally held that the condition is void, but the devise is free and single. In this respect the law pertaining to legacies upon condition materially agrees with that upon devises of realty. But perhaps one of the most unusual distinctions drawn in the law of property is that which is drawn between an illegal or an impossible condition precedent to a legacy of personalty and an illegal or an impossible condition precedent to a …
Bailments - Innkeepers - Liability For Loss Of Baggage
Bailments - Innkeepers - Liability For Loss Of Baggage
Michigan Law Review
Plaintiff, a guest at defendant's hotel, on his arrival there gave his trunk check to the head porter who, in turn, gave the check to a licensed expressman. Due to the expressman's negligence the trunk was stolen. At the trial it was shown that it was customary for the defendant to make a separate charge for trunk delivery. Held, defendant was liable for the negligent performance of the contractual duties by the expressman. Davidson v. Madison Corp. (N. Y. 1931) 177 N. E. 393.