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Articles 7321 - 7350 of 8523
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Constitutional Law-Due Process-Police Power-Junk Yards
Constitutional Law-Due Process-Police Power-Junk Yards
Michigan Law Review
The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Michigan Law Review
Plaintiff, a licensed insurance broker in New Jersey, sued for commissions due for services performed as the local agent of two licensed foreign fire insurance companies. The claim was for twenty-five per cent of the premiums. The defense relied on a New Jersey statute which made unlawful the payment of commissions in excess of a reasonable amount or at a rate higher than that paid to any one of the insurer's local agents. The defendant set up that it had local agents receiving commissions of but twenty per cent. Plaintiff attacked the constitutionality of the statute. Held, four justices …
Constitutional Law-Due Process-Revocationof Driver's License
Constitutional Law-Due Process-Revocationof Driver's License
Michigan Law Review
Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …
Public Utilities-Valuation-The Rate Base
Public Utilities-Valuation-The Rate Base
Michigan Law Review
The Board of Public Utility Commissioners of New Jersey appealed from a decree entered in the district court enjoining the enforcement of their order regulating the rates of the Elizabethtown Water Co. The district court found that, upon its own determination as to valuation, the rates prescribed were confiscatory and violative of the due process clause of the Fourteenth Amendment. Held, the basis of valuation in determining the rate base is present value. After reviewing the evidence, the court was of the opinion that the utility's evidence as to valuation was the more satisfactory, and that. the rates prescribed …
Statutes-Indefiniteness As Affecting Vaudity
Statutes-Indefiniteness As Affecting Vaudity
Michigan Law Review
Plaintiff sought to enjoin the enforcement of Public Acts Conn. 1929, c. 296, section 4 of which prohibits the "sale or delivery of lubricating oil for use in motor vehicle engines, that shall not be 'equal to or better in quality and specifications' than that !mown as United States Government Specifications for Motor (Class D) Lubricants." Section 5 provides for all tests to determine quality to be made in accordance with methods contained in a certain technical paper of the Bureau of Mines, made a part of the act. The act further provided fines and imprisonment for violations. The district …
Torts-Right Of Privacy
Michigan Law Review
Petition by the plaintiffs alleging an invasion of their right of privacy by an unauthorized publication of a picture of their malformed child, taken without their consent after its death, held, on demurrer, to state a cause of action. Bazemore v. Savannah Hospital et al. (Ga. 1930). 155 S.E. 194.
Review: The Public And Its Government. By Professor Felix Frankfurter, Forrest Revere Black
Review: The Public And Its Government. By Professor Felix Frankfurter, Forrest Revere Black
Michigan Law Review
A Review of THE PUBLIC AND ITS GOVERNMENT By Professor Felix Frankfurter.
Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood
Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood
Michigan Law Review
A Review of THE LAW OF INSANITY. By George A. Smoot
Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown
Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown
Michigan Law Review
A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.
Public Utilities--Confiscatory Rate-Operation Enforced In Accord With Contract Between Predecessor And Municipality
Michigan Law Review
This action was brought to compel the defendant to operate in Decatur about a mile of its interurban system at an admittedly confiscatory rate. Defendant's predecessor, chartered by the Georgia legislature to acquire and operate street railways, contracted with plaintiff, in return for permission to remove one Decatur line, to operate the line involved and never charge more than a five-cent fare. The cost of service, aside from compensation to capital, exceeded the revenue. With a paving assessment imminent, the carrier offered to surrender its permit to operate, and notified plaintiff that it would discontinue service. The city refused to …
The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley
The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley
Michigan Law Review
One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …
Sales-Conditional-Resale By Seller
Sales-Conditional-Resale By Seller
Michigan Law Review
Plaintiff bought a truck under a conditional sales contract. Defendant, as assignee of the vendor, retook possession of the truck when plaintiff defaulted in his payments and undertook by sale of the truck to foreclose plaintiff's rights therein. The Uniform Conditional Sales Act, in force in the jurisdiction, provided for a compulsory resale at public auction by the retaking seller. He was required to give notice of the sale by registered letter to the buyer, by newspaper advertisement, and by three notices posted in public places. Defendant failed to post the three notices. Plaintiff then brought suit for conversion and …
Carriers-Contract Against Liability For Negligence By Telephone Company
Carriers-Contract Against Liability For Negligence By Telephone Company
Michigan Law Review
Plaintiff sought to recover for damages to its business resulting from the failure of defendant company to list plaintiff's main office and number and the incorrect listing of plaintiff's branch office in the 1928 telephone directory plaintiff being a subscriber to defendant's service. The contract of service contained a clause providing that defendant shall not be liable "for damages arising from errors or omissions in the making up or printing of its directory." The court held that in the absence of any showing of gross negligence or wilful misconduct; there was no liability for the omission and error. Hamilton Employment …
Law In The Making, Burke Shartel
Law In The Making, Burke Shartel
Michigan Law Review
A review of LAW IN THE MAKING By Carleton Kemp Allen.
Trusts-Right Of Trustee To Reimbursement For Tort Liability
Trusts-Right Of Trustee To Reimbursement For Tort Liability
Michigan Law Review
The recent New York case, In re Lathers presents the question seldom before raised whether a trustee may be reimbursed from the trust estate for tort liability to a third person through his negligence in management of the estate. In that case, as a result of fire in an apartment building of the trust property, the trustee suffered judgments for $62,000 plus costs. The rooms of one apartment, rented by the trustee's agent, had been closed off by the lessee to form several small apartments. For the one subleased to the tort creditor, access to fire escapes, adequate normally, was …
Evidence-Other Crimes
Michigan Law Review
Judging from the number of opinions handed down in 1930 involving evidence of other crimes committed by the defendant, the modem criminal trial is not complete without some attempt to introduce evidence of this sort.
Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger
Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger
Michigan Law Review
The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.
Some Inadequacies In The Law Of Arrest, John Barker Waite
Some Inadequacies In The Law Of Arrest, John Barker Waite
Michigan Law Review
Suppose that a farmer whose orchard borders the highway happens on the spot in time to see a truck, with the license tag of a foreign state, conveniently parked while the driver loads it with apples which he picks from the farmer's trees. What can the farmer-owner do in respect to the situation?
Trusts-Devices For Defeating Rights Of Creditors
Trusts-Devices For Defeating Rights Of Creditors
Michigan Law Review
Attempts to protect property rights from the claims of creditors are faced at common law with the initial objection that restraints on the power of alienation are wholly ineffective. An exception has been recognized in this country in the case of equitable interests for life or for years. This exception, criticized severely at the time it was first recognized, has established itself in the law of most states in this country, though rejected in two jurisdictions.
Carriers-Division Of Joint Rates
Carriers-Division Of Joint Rates
Michigan Law Review
The divisions here involved were those to be made in joint rates between points in southwestern territory and those in western trunk-line territory, or via western territory to and from eastern points. The line between western and southwestern territory passes through St. Louis and other Missouri and Illinois towns. The divisions of these joint rates between the carriers in these territories had been in existence for many years and were without uniform or rational basis. The Interstate Commerce Commission, investigating these divisions, found them more favor able to southwestern lines than present circumstances justified. Conditions in southwestern territory had become …
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Michigan Law Review
ln a conveyance of land adjoining a lake, the description read in part, "thence running northerly * * * to the Rockland Lake thence westwardly along the south side of the Rockland Lake." Held, that the grantee took to the center of the lake. White v. Knickerbocker Ice Co. et al. (N. Y. 1930) 172 N.E. 452.
Marriage--Common-Law Marriage After The Removal Of Impediments Existing At The Time Of The Ceremonial Marriage
Michigan Law Review
An action was instituted for the removal of respondent as administrator of the estate of X, on the ground that the respondent was not the legal husband of the intestate. Both respondent and deceased had living spouses at the time they entered into a ceremonial marriage in 1898, but whether or not they knew of the impediments to the validity of their marriage did not appear on the record. In 1924, the last obstacle to their marriage was removed by the death of respondent's first wife. The parties cohabited for thirty years and continued so to do subsequent to. the …
Mechanic's Liens-Time Of Filing-Completion Of Work
Mechanic's Liens-Time Of Filing-Completion Of Work
Michigan Law Review
The plaintiff contracted to do plumbing work, the contract containing a one-year guaranty. The work was finished in December, 1926, and in February, 1928, two months after the guaranty had expired, the plaintiff at the request of the owner (defendant), gratuitously made some minor repairs. In March, 1928, he filed a claim for a lien for the entire contract. Held, the work was completed when the guaranty expired and the plaintiff had no lien, since his claim was filed after the statutory limit from the completion of the work. Bohinek v. Smith (Ohio App. 1930) 172 N.E. 852.
Negligence-Implied Invitation
Michigan Law Review
The plaintiff's intestate was killed as a result of the defendant's failure to keep in repair a footway paralleling a railroad and vehicular toll bridge. Held, that the defendant, by permitting the public to use this footway, had impliedly invited its use and hence owed the deceased the duty of keeping the premises in a reasonably safe condition. Louisville, and Nashville R.R. v. Snow's Admr. (Ky. 1930) 30 S.W.(2d) 885.
Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature
Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature
Michigan Law Review
The Dry Dock Company was given franchises by the legislature to operate street railways in New York City, by Laws 1860, c. 512, and Laws 1866, cc. 866, 868, 883. These special laws fixed a five-cent maximum fare. Much later, the Public Service Commission Law (Cons. laws, c. 48) was enacted. Sec. 29 of this provided that, "unless the commission otherwise orders, no change shall be made in any rate * * * which shall have been filed and published by a common carrier * * * except after 30 days' notice to the commission * * * and all …
Sales-Conditional Sales-Resale By Seller
Sales-Conditional Sales-Resale By Seller
Michigan Law Review
Plaintiff bought fourteen cabs from defendant on a conditional sate contract, and after paying more than fifty per cent of the purchase price defaulted in his payments. Defendant then retook possession of the cabs and undertook to foreclose plaintiff's interest therein by a resale at public auction, as required by the Uniform Conditional Sales Act, in force in the jurisdiction. The specific requirements of the Act relative to notice of the sale were complied with, but the notices did not state where the cabs were being kept, and at the time of the sale they were in a garage miles …
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Michigan Law Review
A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-
Changing Factors Of Reasonable Rates, Clarence M. Updegraff
Changing Factors Of Reasonable Rates, Clarence M. Updegraff
Michigan Law Review
In this period of financial difficulties there arise many old familiar problems. Some are inherent in times of "tight" money; some perhaps may be solved once and for all; others may possibly be met in such a way that certain of their had features will be permanently modified. In this last class seem to lie certain problems of public utility financing.
Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message
Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message
Michigan Law Review
It is surprising that despite the tremendous number of messages handled, covering almost every conceivable subject, the question of the liability of a telegraph company for the transmission of a defamatory message has arisen in but half a dozen jurisdictions. The earliest reported case, decided in 1858 when the law as to the tort liability of a corporation was still in the formative period, asserted the liability of the telegraph company on the sole ground that a corporation could be guilty of malice. Following a series of cases arising in the state and federal courts of Minnesota, a modern rule …