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Articles 5461 - 5490 of 8432
Full-Text Articles in Entire DC Network
Bills And Notes-Assent By Indorser To Release Of Maker As Undertaking By Former To Continue Liable-Section 120, N.I.L., Bruce L. Moore
Bills And Notes-Assent By Indorser To Release Of Maker As Undertaking By Former To Continue Liable-Section 120, N.I.L., Bruce L. Moore
Michigan Law Review
The indorser on the note in suit gave his assent to the holder's release of the insolvent maker in return for a deed to certain real estate given by the maker. In reply to demands of the holder for the balance remaining due after sale of the real estate, the indorser stated he would pay the note, but asked for time. On failure of the indorser to pay, this suit was brought. Held, for the plaintiff. Consent of the indorser to release of the maker is not equivalent to an express reservation of rights as required by section 120(5) …
Criminal Law-Resentence-Right To Credit For Time Served Under Void Sentence, Bruce L. Moore
Criminal Law-Resentence-Right To Credit For Time Served Under Void Sentence, Bruce L. Moore
Michigan Law Review
Plaintiffs in error were convicted and sentenced from one to twenty years with recommendations that they serve four to five years. On writ of error, the judgment in each case was reversed and the cause was remanded for entry of a proper sentence· because the statute under which sentence was imposed was unconstitutional. A new sentence of from one to twenty years was imposed in each case. Plaintiffs in error had served three and one-half years in the one case, and over four years in the other case, under the original sentence. Error is assigned because no credit was allowed …
Significant Developments In The Law Of Federal Taxation, 1941-1947: Ii, Paul G. Kauper
Significant Developments In The Law Of Federal Taxation, 1941-1947: Ii, Paul G. Kauper
Michigan Law Review
The 1941 Revenue Act carried forward the rather complex normal tax structure prescribed by the 1940 Revenue Act and in addition introduced a corporate surtax rate schedule. The normal tax rates were increased to absorb the 10% defense tax previously imposed as a separate tax and also a very slight increase in the rates applicable to corporations with a normal-tax net income of less than $38,461.54. As so altered the normal tax amounted to 24% in the case of corporations having normal-tax net income over $38,461.54, and in the case of corporations having no more than this amount of normal-tax …
Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.
Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.
Michigan Law Review
The airspace above land is the object of at least five conflicting claims of right. The owner of the land beneath it claims the right to use it and at least a limited right to prevent its use. The aviator demands the right to fly through it. The airport operator, whether governmental agent or private individual, has an interest in keeping it free from obstructions. The state claims sovereignty over it. The federal government claims the power to control it for the purposes of interstate commerce as well as international relations.
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. The index embraces material published since the last issue of this REVIEW.
Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed.
Wills--Torts To Expectancies-Wrongful Destruction Of Wills, Robert K. Eifler S.Ed.
Michigan Law Review
In a tort action to recover damages for the destruction of a will, plaintiff alleged that plaintiff's grandmother had executed a holographic will · prior to her death in October, 1939 by which she devised a farm to her two children for their lives, and at their death to plaintiff in fee; that the defendants, one of the two children and his wife, destroyed the will shortly before plaintiff's grandmother's death and while she was non compos mentis. The petition alleged that if the will had not been destroyed it would have been duly probated, but there was no …
Significant Developments In The Law Of Federal Taxation, 1941-1947: I, Paul G. Kauper
Significant Developments In The Law Of Federal Taxation, 1941-1947: I, Paul G. Kauper
Michigan Law Review
A preliminary word on the scope of this review is in order. Since this was originally prepared as one of a series designed to acquaint returning veterans with legal developments during the war period, the year 1941 has been chosen as the starting point, and the review carried forward from that point through to date. The review covering this period is limited to significant developments in the area of federal taxation, with emphasis upon the estate, gift, and income taxes.
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
Even the most casual observer of modern business practices will accede to the general proposition that the most accurate reflection of market value for many commodities can be found in documentary sources. This is particularly true of those commodities of an homogeneous character which are sold in well-organized markets characterized by price uniformity and free access to price information. Of them, it may well be said that no more satisfactory evidence of market value than the newspaper market reports can be found, barring the possibility of personal observation of "the board" at the market itself. However, the average businessman will …
Bankruptcy-Bankrupt's Petition To Reopen Estate, Joseph N. Morency, Jr. S.Ed.
Bankruptcy-Bankrupt's Petition To Reopen Estate, Joseph N. Morency, Jr. S.Ed.
Michigan Law Review
Petitioner's no-asset estate in bankruptcy was closed and a discharge was granted in 1942. In 1945 a judgment creditor of the bankrupt sued in a Connecticut court on a judgment which antedated the bankruptcy proceeding and the existence of which was unknown to the bankrupt at the time he filed his schedules. It appeared that the bankruptcy proceeding was likewise unknown to the judgment creditor. Petitioner sought an order reopening the estate for the purpose of amending schedules to include the judgment inadvertently omitted; and the district court entered such an order over the objection of the judgment creditor. On …
Criminal Law-National Stolen Property Act--Application Of Kann V. United States, Edward S. Tripp
Criminal Law-National Stolen Property Act--Application Of Kann V. United States, Edward S. Tripp
Michigan Law Review
Defendant, as payee, knowingly negotiated forged checks at Jackson, Michigan. The checks were forwarded to the drawee bank in Missouri for payment and were returned unpaid. Defendant was convicted for violation of the National Stolen Property Act. The Circuit Court of Appeals for the Sixth Circuit reversed on authority of Kann v. United States. On certiorari to the United States Supreme Court, held, reversed. The circuit court erred in basing its interpretation of the National Stolen Property Act on Kann v. United States. Two justices dissented without opinion. United States v. Sheridan, (U.S. 1946) 67 S. …
Constitutional Aspects Of Federal Anti-Poll Tax Legislation, Joseph E. Kallenbach
Constitutional Aspects Of Federal Anti-Poll Tax Legislation, Joseph E. Kallenbach
Michigan Law Review
The proposal to abolish by national law the requirement now prevailing in seven Southern states that voters shall have paid a poll tax in order to vote in any national election involves a constitutional issue of the first magnitude. In the decade immediately following the Civil War the constitutional division of authority between the national and state governments in dealing with the question of Negro suffrage became a point of bitter controversy in Congress. Out of this struggle came the Fourteenth and Fifteenth Amendments to the Constitution, with certain supporting legislation, the aim of which was to prohibit disfranchisement of …
Constitutional Law-State Court Enforcement Of Race Restrictive Covenants As State Action Within Scope Of Fourteenth Amendment, John A. Huston S.Ed.
Constitutional Law-State Court Enforcement Of Race Restrictive Covenants As State Action Within Scope Of Fourteenth Amendment, John A. Huston S.Ed.
Michigan Law Review
The current housing shortage with the overcrowded living conditions and substandard accommodations which it imposes on the most numerous classes of society has made particularly significant in the competition for housing areas the discriminations generally enforced against negroes and other racial minority groups. Both normal population growth and the suspension of new construction during the great depression and the late war have contributed to an emergency in which the circumstances of our negro population are materially worse than those of any other group. Aggravating this result has been the shift in negro population occasioned by the wartime demand for industrial …
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-Restraints On Alienation Of Stock As Against Pledgees With Notice, John F. O'Connor S.Ed.
Corporations-Restraints On Alienation Of Stock As Against Pledgees With Notice, John F. O'Connor S.Ed.
Michigan Law Review
The charter and a by-law of the plaintiff corporation contained provisions which stipulated that before a stockholder could sell or transfer any stock, he must first offer the stock to the corporation. The relevant by-law appeared on every certificate of stock. The defendant Kiernan borrowed money from the defendant corporation for which he gave a collateral note secured by the pledge of his-stock in the plaintiff corporation. The stock certificate was delivered to the defendant corporation as pledgee. After the default of Kiernan, the plaintiff corporation brought a bill in equity to enjoin the sale of the pledged stock at …
Taxation-Excess Profits-General Relief Under Section 722 I. R. C, John W. Riehm, Jr. S.Ed.
Taxation-Excess Profits-General Relief Under Section 722 I. R. C, John W. Riehm, Jr. S.Ed.
Michigan Law Review
Even the most casual observer of modern business practices will accede to the general proposition that the most accurate reflection of market value for many commodities can be found in documentary sources. This is particularly true of those commodities of an homogeneous character which are sold in well-organized markets characterized by price uniformity and free access to price information. Of them, it may well be said that no more satisfactory evidence of market value than the newspaper market reports can be found, barring the possibility of personal observation of "the board" at the market itself. However, the average businessman will …
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. The index embraces material published since the last issue of this REVIEW.
Duress Through Civil Litigation: Ii, John P. Dawson
Duress Through Civil Litigation: Ii, John P. Dawson
Michigan Law Review
Where litigation has progressed to the stage of a final judgment under which execution is immediately available, the initial obstacles already suggested to relief for duress appear to exist in magnified form. The judgment itself establishes the legitimacy of the original demand. Though the coercion threatened is immediate, it has been supplied by general rules of procedure for the specific purpose of compelling satisfaction. It appears from numerous decisions and is even more frequently assumed that a settlement induced by threat of immediate issuance of execution under a valid, final money judgment cannot be duress, whatever the nature of the …
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
De Minimis Non Curat Lex, Max L. Veech, Charles R. Moon
Michigan Law Review
An age-old maxim often applied but infrequently rationalized is that of de minimus non curat lex. In the recent case of Steve Anderson v. Mt. Clemens Pottery Company, the United States Supreme Court focused attention upon the doctrine by ruling that it should be applied in determining whether "walking time" and other "preliminary activities" constitute "work" for which employees are entitled to compensation under the Fair Labor Standards Act of 1938. The so-called "portal-to-portal" problems which have arisen as a result of the last mentioned ruling make timely a discussion of the origin, meaning, function and application of …
The Political And Social Factor In Legal Interpretation, Roscoe Pound
The Political And Social Factor In Legal Interpretation, Roscoe Pound
Michigan Law Review
We may think of the task of the legal order as one of maintaining the inner order of a politically organized society. The term "law" is not uncommonly used to include the task and the agencies by which we endeavor to achieve it. Thus it is used (as by sociologists and by the historical jurists) for all social control, and, by those who limit the term to a highly specialized social control through politically organized society, for (1) the legal order, the regime of adjusting relations and ordering conduct by systematic employment of the force of a state (the type …
Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.
Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.
Michigan Law Review
The most important step in the development of this constitutional provision came in 1886 in the famous case of Boyd v. United States. There the Court gave life to the Fourth Amendment by recognizing its intimate relation to the Fifth Amendment; thus laying the foundation for the federal rule that the Fifth Amendment protects every person from incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. With the exception of a temporary setback in 1903, this rule, as restated in the Weeks case, has effectively weathered a …
Duress Through Civil Litigation: I, John P. Dawson
Duress Through Civil Litigation: I, John P. Dawson
Michigan Law Review
Duress through the use of civil litigation provides a convenient starting point for an analysis of modern doctrines of economic duress. The propriety of this form of pressure, used alone or in conjunction with other means of coercion, may become an issue in a variety of situations in which relief for duress is asked. At the same time it is in this area that the extension of duress as a remedial principle has encountered the greatest resistance.
Corporations-Accrued Preferred Stock Dividends-Charter Amendment, T. M. Kubiniec S.Ed.
Corporations-Accrued Preferred Stock Dividends-Charter Amendment, T. M. Kubiniec S.Ed.
Michigan Law Review
In 1943 defendant corporation's charter was amended to cancel 5 per cent cumulative preferred stock, outstanding since 1926 or earlier, and all accrued dividends in exchange for new 5 per cent ,non-cumulative preferred and non-voting common stock. Dividends had accumulated on the old preferred stock both before and after 1939 in a total amount of $50 per share. The recapitalization plan rested on a 1939 amendment to the Ohio General Code providing that the terms of outstanding stock can be changed "in such a manner as to discharge (without payment), adjust or eliminate rights to accrued undeclared cumulative dividends" by …
Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed.
Executors And Administrators-Priority Of Payment Of United States Claims, E. M. Deal S.Ed.
Michigan Law Review
When decedent died in 1940, his personal estate was consumed by the widow's exemption and expenses of administration, leaving only a one-sixth interest in certain real estate formerly owned by his deceased father. Proceedings to partition this property resulted in a sum of $2,306.17 payable to decedent's widow, subject to the payment of his debts. The executors of one Davidson who had obtained a $24,588.00 judgment against decedent in 1933 claimed the entire fund as did the United States under tax liens entered in 1940 and 1941 of $2,202.89 and $8,904.67. The government based its claim on section 3466 of …
Libel And Slander-Classification Of Defamatory Broadcasts From A Prepared Script, Robert L. Cardon S.Ed.
Libel And Slander-Classification Of Defamatory Broadcasts From A Prepared Script, Robert L. Cardon S.Ed.
Michigan Law Review
In an action for libel or slander, plaintiff's complaint alleged that defendant, a radio commentator, broadcast from a prepared script a charge that plaintiff was the leader of a movement which favored peace because Germany was losing the war and blamed the United States for killing children in Europe and Asia. Defendant moved to dismiss the complaint; held, that the complaint stated a good cause of action. Since the remarks complained of were not defamatory per se, the court considered the decision as turning on whether they constituted libel or slander and held that they were libelous, distinguishing a …
Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.
Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.
Michigan Law Review
The concept of the Sabbath, the setting apart of one day in seven as a day of rest, was derived from the Mosaic code, the Fourth Commandment directs abstention from labor on the seventh day of the week, and although there is nothing in the New Testament relating to Sunday, the Christian world adopted the first day of the week as a day of rest. Constantine, by an edict in 321 A.D., ordered the suspension on Sunday of all business in the courts of law, except the manumission of slaves, and all other- business except agricultural labor.
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. The index embraces material published since the last issue of this REVIEW.
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Michigan Law Review
Petitioners, three qualified Illinois voters, filed a proceeding in a United States district court composed of three judges, seeking a determination under the Federal Declaratory Judgment Act that the 1901 State Apportionment Act of Illinois was in violation of the Fourteenth Amendment and Article I of the Constitution, in that it denied to citizens of the United States the equal and unabridged right to vote for Congressmen. On direct appeal to the Supreme Court of a dismissal of the petition by the lower court, the complaint alleged that the statute apportioning the State of Illinois was void in that it …
Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen
Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen
Michigan Law Review
The ganancial or community concept of property ownership, by which husband and wife have equal, vested, undivided, one-half interests in property held by them as tenants in community, has been a thorn in the side of federal tax laws ever since some tax-conscious community income earner decided to report as taxable only one-half of the community income, leaving the other half to be reported by and taxed to his wife upon her separate return. Such procedure first became authorized in community property jurisdictions recognizing the wife's interest as "vested" in 1920. Not long thereafter the realization began to dawn upon …
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court's decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of …
Bills And Notes--Holder In Due Course-Purchasing Installment After Maturity, John E. Grosboll
Bills And Notes--Holder In Due Course-Purchasing Installment After Maturity, John E. Grosboll
Michigan Law Review
Three installment notes were pledged to the plaintiffs by the payee as security. At the time plaintiffs took the notes, the first installment of each was overdue and unpaid. In an action by plaintiffs against the makers, the latter pleaded in defense failure of consideration and fraud on the part of the payee. Held, plaintiffs were not holders in due course and consequently took the notes subject to the defense of the makers. Bliss v. California Co-op. Producers, (Cal. 1946) 172 P. (2d) 62.