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Articles 5881 - 5910 of 8432
Full-Text Articles in Entire DC Network
Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff
Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff
Michigan Law Review
Plaintiff brought suit in Georgia to enforce a final divorce decree obtained by her husband in Florida. The decree granted plaintiff $30 a week for the support of herself and three minor children placed in her custody. It further provided that if the plaintiff should remarry, the weekly payments should be reduced to $22.50, and that when any child married or reached maturity, the weekly payments should be reduced $7.50 for each such child. Plaintiff sought to recover $30 per week for 129 weeks. Her husband claimed that plaintiff should recover only $7.50 per week for her own support because …
Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review
Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review
Michigan Law Review
In an action for malpractice, after the plaintiff had rested, defendant moved for a directed verdict. In response to an inquiry as to how he intended to rule upon the motion, the trial judge indicated that he would have to grant the motion. Plaintiff then moved for a voluntary nonsuit, but the judge proceeded to direct a verdict for the defendant. He later granted a motion to vacate the order directing a verdict and to set aside the verdict and judgment. Defendant sought mandamus to compel the trial judge to reinstate the directed verdict and judgment. Held, that under. …
Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review
Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review
Michigan Law Review
Plaintiff, having recovered a judgment against insured defendant for injuries sustained in an automobile accident, filed a supplemental bill against defendant's insurer to recover the 'insurance money. The statute granting plaintiff this right provides that whenever damage occurs for which the insured is responsible, the liability of the insurer "shall become absolute," and upon his obtaining a judgment against the assured, the injured person shall be entitled to have the insurance money applied to satisfy the judgment. The insurer defended on the ground that the insured violated a condition of the policy by failing to cooperate in the defense of …
Public Utilities - Methods Of Valuation - Prudent Investment As The Sole Method, Jay W. Sorge
Public Utilities - Methods Of Valuation - Prudent Investment As The Sole Method, Jay W. Sorge
Michigan Law Review
The state board of railroad commissioners, in reducing the rates of the plaintiff utility, adopted a valuation based on the "'prudent investment" theory, claiming that under a statute of the state such method of valuation had to be used. Plaintiff urged that valuation should have been measured by reproduction cost minus depreciation. Held, valuation by the commission was improper, since the statute did not authorize the use of the "prudent investment" theory as the sole standard. Northern States Power Co. v. Board of Railroad Commissioners, (N. D. 1941) 298 N. W. 423.
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-five leading law reviews.
Parties To Administrative Proceedings, Paul Oberst
Parties To Administrative Proceedings, Paul Oberst
Michigan Law Review
It is the purpose of this article to examine the statutory provisions, and the regulations and practices of the federal agencies, dealing with the rights of third persons, along with the relevant judicial decisions. The rights of third persons to notice, to participation in the hearing, and to appeal will be considered in turn. In general, the ultimate purposes of an administrative hearing are to inform the agency, to serve as a check upon arbitrary action, and to enable the individuals who will be affected by the decision to confront their opponents and to present their case in its best …
Taxation - Income Tax - Capital Gains - Cost Basis To Distributee, David N. Mills
Taxation - Income Tax - Capital Gains - Cost Basis To Distributee, David N. Mills
Michigan Law Review
Testator died in 1903, and the executors turned over the residue of his estate to themselves as testamentary trustees in 1905. In 1923, pursuant to the will, trustees delivered part of the original trust property, together with other property purchased with trust funds, to plaintiff, the equitable remainderman under the trust. In 1930 plaintiff sold some of the securities which had constituted the corpus of the trust. In determining the cost basis for the capital gains tax on this transaction, plaintiff claimed that the market value on the date when the trustees delivered the property to him in 1923 should …
Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree
Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree
Michigan Law Review
Several members of the New Orleans Board of Commissioners of Elections were indicted on charges of having fraudulently altered and counted numerous votes in a Louisiana primary election to nominate a candidate of the Democratic Party for representative in the United States Congress. The indictments were brought under sections 19 and 20 of the Criminal Code of the United States which make it a criminal offense to injure or deprive a citizen of any right or privilege secured to him under the Constitution. The defendants were alleged to have conspired together to deprive citizens in Louisiana of the right to …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 40, Issue 3 of Michigan Law Review
The Classification Of Some Powers Of Appointment, Joseph Gold
The Classification Of Some Powers Of Appointment, Joseph Gold
Michigan Law Review
Many problems involving powers of appointment depend for their solution on the classification of the power in question as general or special. It is now clearly established in English law and in most American jurisdictions that this classification depends on the persons to whom an appointment may be made. The fact that the power is exercisable on a contingency or in a specified manner does not affect the character of the power. Nor is it relevant for the purpose of classification that the power permits the appointment of a limited interest only. A general power is usually said to be …
Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review
Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review
Michigan Law Review
The gist of the crime of larceny both at common law and under statutes is a fraudulent taking of the personal property of another with an intent to appropriate it. One taking coupled with the necessary intent normally constitutes a single offense of larceny, and normally the courts limit their inquiry to whether there is such taking and intent; if the finding is in the affirmative the crime of larceny is established. Yet the courts tend to go beyond these limits of inquiry where the problem arises whether a single offense or several distinct offenses have been committed. Two types …
Bills And Notes - Effect Of Unreasonable Delay In Presentment For Payment Of Demand Notes And Bills Of Exchange, Lloyd M. Forster
Bills And Notes - Effect Of Unreasonable Delay In Presentment For Payment Of Demand Notes And Bills Of Exchange, Lloyd M. Forster
Michigan Law Review
The Negotiable Instruments Law, section 71, provides: "Where [the instrument] is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof." This section raises some extremely complex problems: (1) Can the discharge of the contractual liability of the drawer and all indorsers of a demand bill of exchange be indefinitely postponed by successive negotiations, each within a reasonable time after the last? (2) Can the liability of the drawer …
Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review
Assignments - Injunctions - Enforceability In Equity Of Partial Wage Assignments, Michigan Law Review
Michigan Law Review
The complainant, a milling and textile company employing about 2,000 men, brought this action to enjoin certain wage assignments made by 1,100 of its employees. The assignments, voluntarily made to the respondent union (certified by the National Labor Relations Board), directed the company to deduct from each laborer's pay at the end of every month the amount of his union dues. The complainant had previously refused to sign a contract with the union which embodied a "check-off" provision. Held, the mass assignment being prejudicial to the rights of the complainant, the injunction should be granted. Pacific Mills v. Textile …
Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster
Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster
Michigan Law Review
X had a cost-plus-a-fixed-fee contract with the federal government, under which the government reserved the right to pay directly for purchases made by X pursuant to contract to give prior authorization for each purchase over $500, to inspect and acquire title to materials delivered under such contract, and to furnish materials itself. X ordered lumber from plaintiff, who contested the constitutionality of an Alabama sales tax levied on this sale, contending that the tax was levied on a transaction by which the United States secured goods for governmental purposes. Held, the tax should be sustained, since X, and …
Aliens - Naturalization - Refusal To Bear Arms, David N. Mills
Aliens - Naturalization - Refusal To Bear Arms, David N. Mills
Michigan Law Review
In applying for citizenship, petitioner, a licensed missionary in the denomination of Seventh Day Adventists, was unwilling to promise to bear arms, on the ground that she was a noncombatant. Petitioner was not a pacifist or conscientious objector and would gladly do any war work in an army camp except that involving the use of a weapon. Held, that application for naturalization must be denied for failure to take the oath of allegiance in the form prescribed by law. The court expressed its desire to grant citizenship, but declared itself bound by stare decisis. In re Losey, (D. …
Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills
Labor Law - Seamen - Reinstatement Of Sit-Down Strikers, David N. Mills
Michigan Law Review
While a ship whose home port was Philadelphia was at dock in the port of Houston, unlicensed seamen commenced a strike for union recognition and boarding passes for union delegates. The strikers did not take possession of the ship but remained on the poop-deck and refused to obey all orders. They were never requested to leave. Sufficient steam was maintained for the operation of all the ship's sanitary and safety appliances, and the vessel was never in danger. When upon the ship's return to Philadelphia the steamship company discharged five of the seamen for participating in the strike, the National …
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Michigan Law Review
Plaintiff entered into an antenuptial agreement with his intended wife whereby she waived all rights which she might acquire by virtue of the marriage in certain stock which he owned. In consideration therefor, he transferred to her two annuities and an interest as tenant by the entirety in two parcels of real estate. Plaintiff contended that such transfers did not constitute taxable gifts, and the Board of Tax Appeals decided in his favor. Held, that the transfers were taxable gifts, for a waiver of marriage rights in the property of plaintiff pursuant to an antenuptial agreement did not constitute …
Taxation - Power Of Municipality To Tax Income Of State Officials, Michigan Law Review
Taxation - Power Of Municipality To Tax Income Of State Officials, Michigan Law Review
Michigan Law Review
A Pennsylvania statute empowered the city of Philadelphia to levy taxes on "persons, transactions, occupations, privileges, subjects and personal property" within Philadelphia. Pursuant to such authority the city enacted an ordinance imposing a tax of one and one-half per cent annually on salaries, wages, commissions, and other compensation earned by nonresidents for work performed in Philadelphia. Plaintiff, employed by an agency of Pennsylvania engaged in performance of governmental functions, brought suit to restrain the collection of the tax. Held, the statute grants the power to tax salaries of state officials and is not invalidated by any doctrine of governmental …
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.
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-five leading law reviews.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 40, Issue 2 of Michigan Law Review
Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig
Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig
Michigan Law Review
The National Conference of Commissioners on Uniform Laws approved in 1936 the Uniform Judicial Notice of Foreign Law Act, which has since been adopted by fourteen states. This act was drafted to make uniform a legislative movement of the past twelve years proposing to change two rules of the common law. One is the rule that a state court will not notice the law of sister states in the United States; and the other is the rule that the determination of such law shall be made by the jury and not by the judge. Accordingly, the Uniform Act provides (1) …
Federal Taxation Of Insurance Trusts, Allan F. Smith
Federal Taxation Of Insurance Trusts, Allan F. Smith
Michigan Law Review
The life insurance trust may take many forms and serve a variety of purposes, but for present purposes it may be defined as a trust, at least part of the corpus of which is a policy of life insurance, in which the duty of the trustee is to receive the proceeds of such policy and administer such proceeds as a trust. Such a trust, like any other, may be revocable or irrevocable, and may be funded or unfunded. These various types will be considered separately only where the tax results vary with the type. The present objective is to survey …
Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills
Judgments - Propriety Of Finding That A Nonparty Conducted The Defense, David N. Mills
Michigan Law Review
A patent infringement suit against a distributor was dismissed on the ground that plaintiff's patents were invalid. A finding was incorporated in the judgment that the defense had been "openly and avowedly conducted" by the manufacturer of the article distributed by defendant. Plaintiff objected that the finding "on its face would be a valid estoppel" in case plaintiff later wished to sue the manufacturer in a separate suit. Held, that plaintiff was entitled to have the finding deleted from the judgment since the finding was not necessary to a disposition of the issues between plaintiff and defendant. Minneapolis- Honeywell …
Consumers' Co-Operatives And Price Fixing Laws, Charles Bunn
Consumers' Co-Operatives And Price Fixing Laws, Charles Bunn
Michigan Law Review
The evolution of our business institutions shows us a long procession of experimental procedures, giving rise to de facto commercial forms, many of which have in turn demanded such recognition de jure as should make their position in the business world both clear and safe. Consumers' co-operation is such a procedure. Its underlying idea is simple, that a business owned by its customers, managed under their direction and having no legitimate loyalties except to them, has a better chance to meet their needs than one owned and managed by outsiders. But it has taken many years and many failures to …
Admiralty - Uniformity Rule, William C. Whitehead
Admiralty - Uniformity Rule, William C. Whitehead
Michigan Law Review
From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application …
Holding Company Act - "Controlling Influence", Smith Warder
Holding Company Act - "Controlling Influence", Smith Warder
Michigan Law Review
Most new and revolutionary statutes for the regulation of interstate trade and commerce cause both lawyers and businessmen many headaches before their terms become fixed in meaning by judicial interpretation. The Public Utility Holding Company Act of 1935 is no exception. Difficult questions of interpretation are bound to arise under a statute of such a complicated nature, leaving, as it does, so much to the discretion of administrative officers. In the spring of this year the problem of what is a "controlling influence" was brought to light by two cases. While each case raised the question in a situation totally …
Attorney And Client - Illegal Practice Of Law - Activities Of Insurance Investigators And Adjusters Which Constitute Practice Of Law, Jay W. Sorge
Michigan Law Review
The defendant was an independent insurance adjuster and investigator who for more than seven years had been engaged in adjusting and investigating insurance claims for both insurance companies and claimants. He advertised in insurance periodicals and wrote letters to insurance companies to interest them in the service he rendered. He charged his clients on a fee basis and maintained his office at his own expense. Suit was brought to restrain him from practicing law without a license. Held, defendant could not give advice as to legal rights of either insurance company or claimant, but could communicate advice of counsel …
Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis
Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis
Michigan Law Review
Defendant was indicted for alleged violation of the Pennsylvania Fair Sales Act, which prohibits the "advertisement, offer for sale, or sale of any merchandise at less than cost by retailers or wholesalers," and makes violation of the act a misdemeanor. His motion to quash the indictment was sustained by the court of the quarter sessions and affirmed by the superior court, and the state appealed to the Pennsylvania Supreme Court. Held, affirming, that the statute violates the due process clause of the Fourteenth Amendment since it is not within the power of the state to prohibit sales below cost …
Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall
Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall
Michigan Law Review
In 1938, Mississippi authorized the issuance of state highway bonds in the aggregate of $60,000,000. Interest was payable semiannually and the bonds were to mature serially semiannually, and to the extent necessary to make these payments the revenues from gasoline taxes were pledged. The act further provided that the state covenanted that so long as any of the bonds were outstanding and unpaid, it would not authorize "any other obligations or securities payable from gasoline tax revenues" unless such revenues should increase in such an amount that one-third of the proceeds would be sufficient to meet the principal and interest …