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Articles 6151 - 6180 of 8432
Full-Text Articles in Entire DC Network
Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland
Banks And Banking - Liability Of Bank Upon Payment Of The Check Of An Insane Depositor Without Notice Of The Insanity, William L. Howland
Michigan Law Review
The plaintiff, as trustee for a depositor, sought in this action to charge the defendant bank with the amount of a check drawn by the depositor while insane. On the ground that the depositor was an inmate of the state hospital for the insane, the plaintiff had been appointed his trustee. Subsequent to this appointment, the depositor drew the check in question, and the defendant paid the amount of the check to the payee. Held, in the absence of actual or constructive knowledge of the insanity, a payment by a bank of the check of an insane depositor is …
Federal Courts - Appeal And Error - Does A Statute Which Authorizes An Interlocutory Appeal Require Such Appeal?, Michigan Law Review
Federal Courts - Appeal And Error - Does A Statute Which Authorizes An Interlocutory Appeal Require Such Appeal?, Michigan Law Review
Michigan Law Review
A bill seeking an injunction and an accounting was filed in a United States district court for alleged infringement by defendant of plaintiff's rights in the words of a song. Defendant's appeal from a decree enjoining further use of the song and directing an accounting for profits was denied, because the appeal had been taken more than thirty days after its entry and so the circuit court of appeals was without jurisdiction. The case proceeded to an accounting in the district court, and a final decree was entered from which defendant appealed again to the circuit court. Held, the …
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Michigan Law Review
A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the …
Negligence - Causation - Failure To Sign License, Michigan Law Review
Negligence - Causation - Failure To Sign License, Michigan Law Review
Michigan Law Review
A New Hampshire statute provided that a motor vehicle operator's license should not be valid until endorsed on the margin by the operator. In a negligence action arising out of an automobile collision it was shown that defendant operator's license had not been endorsed. Plaintiff requested the court to charge that defendant's license was not valid and that defendant's violation of the statute was a legal cause of the accident, entitling plaintiff to recover unless found guilty of contributory negligence. Held, that defendant's failure to endorse his signature was not such a statutory violation that plaintiff could take advantage …
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Negligence - Assumption Of Risk - Contributory Negligence, Roy L. Steinheimer
Michigan Law Review
Plaintiff, knowing that the driver of the automobile in which she was riding had been drinking, continued to ride with him though she was under no compulsion to do so. In an accident resulting from the driver's intoxication, plaintiff was injured and the driver killed. In an action against the personal representative of the driver, the defendant raised the defense of volenti non fit injuria. Held, for plaintiff. The maxim volenti non fit injuria would apply only where the drunkenness of the driver was extreme and glaring. Dann v. Hamilton, [1939] 1 K. B. 509.
Public Utilities - Consumers' Actions To Enforce Performance Of Public Duties, Edmund R. Blaske
Public Utilities - Consumers' Actions To Enforce Performance Of Public Duties, Edmund R. Blaske
Michigan Law Review
The petitioner, suing on behalf of himself and ten thousand other consumers, sought to compel the defendant gas company to furnish gas in accordance with the terms of a rate ordinance. The defendant challenged the petitioner's right to sue, on the ground that statutes had conferred this right upon the city solicitor. Held, the statutes were not intended to abrogate a consumer's common-law right to compel a utility company to perform its public duty. Maxwell v. Ohio Fuel Gas Co., 61 Ohio App. 394, 22 N. E. (2d) 639 (1939).
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Michigan Law Review
The plaintiff sued defendant power company for damages resulting from the destruction of his building by fire. The electricity furnished by defendant, after being reduced by a transformer, passed from its main line through an auxiliary line to a point a few inches from plaintiff's building where it was connected with the wiring system of the building which had been installed, and at the time of the accident was controlled, by plaintiff. Failing to show by direct proof that the transformer was defective and the proximate cause of the loss, plaintiff's claim for negligent destruction of his building was predicated …
Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review
Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review
Michigan Law Review
To collect a lawful debt of $61.80, defendant collecting agent wrote plaintiff three letters threatening to sue and to report plaintiff's poor pay record to the members of defendant association if payment was not promptly made. Plaintiff alleged that he was just recovering from a serious illness and that the defendant was aware of the plaintiff's weakened condition; that the defendant sent the letters intending to cause the plaintiff mental and physical injury, for the purpose of collecting the bill, and that the plaintiff did suffer a relapse as well as mental agony. The trial court sustained the defendant's demurrer. …
Trade Restraints-Fair Trade Acts - Use Of Trading Stamps, William L. Howland
Trade Restraints-Fair Trade Acts - Use Of Trading Stamps, William L. Howland
Michigan Law Review
The plaintiff filed a bill in equity to restrain by injunction an alleged violation of the Pennsylvania Fair Trade Act. The violation charged was the issuance by the defendant retailer of yellow trading stamps, when requested, on all purchases of merchandise, including trade-marked articles manufactured by the plaintiff in relation to which, as the defendant well knew, the plaintiff had made contracts fixing the resale price. The chancellor dismissed the bill. Held, judgment affirmed. The issuance of the trading stamps was not a violation of the Fair Trade Act. Even assuming that it was a violation, the invasion was …
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.
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.
Schools And School Districts - School Elections - Tax Limitations - Bond Issues - Qualifications Of Electors Under Michigan Constitution, John S. Pennell
Schools And School Districts - School Elections - Tax Limitations - Bond Issues - Qualifications Of Electors Under Michigan Constitution, John S. Pennell
Michigan Law Review
The plaintiff submitted to the school district electors two propositions: (1) that of increasing the tax limitation from 1.5 per cent to 1.802 per cent of the assessed valuation, and (2) that of bonding the school district in the amount of $182,600 for improvements. Both at the registration of voters, and at the election, the qualifications of the electors were tested by the school code. On the tax limitation question, all registered school electors were permitted to vote. On the question of the bond issue, only those registered electors who owned property assessed for school taxes in the district were …
Constitutional Law - National Firearms Act - Usurpation Of Police Power Of States - Constitutional Right To Bear Arms, Michigan Law Review
Constitutional Law - National Firearms Act - Usurpation Of Police Power Of States - Constitutional Right To Bear Arms, Michigan Law Review
Michigan Law Review
Defendants were indicted for violating section 11 of the National Firearms Act by transporting a firearm in interstate commerce without having registered it, and without having in their possession a stamp-affixed written order for the firearm. Their demurrer alleged that the act was unconstitutional because it was not a revenue measure but an attempt to usurp police power reserved to the states, and because it infringed the constitutional right to bear arms. The district court sustained the demurrer on the ground that this section of the act violated the constitutional right to bear arms. Held, on appeal, that the …
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Michigan Law Review
The petitioner was a member of the class against whom a decree was rendered in a class suit. The petitioner was not named as a party and had no actual notice of the proceedings although notice was published according to court rules. After the time for appeal had expired, petitioner filed a petition to reopen the decree, under the terms of a statute which gave this right to any defendant against whom a court had rendered a decree without personal service. The petition was dismissed and the petitioner appealed. Held, order affirmed because the petitioner was not a party …
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.
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Michigan Law Review
It is the purpose of this comment to examine the contract and the property theories of restrictive covenants; and to suggest other possible grounds upon which to decide whether or not a public agency should compensate owners in the subdivision for interference with their restrictive covenants.
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Michigan Law Review
Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Michigan Law Review
At the early English law an executor was entitled to the surplus of the personal estate after the payment of debts and legacies, but this practice nowhere prevails today. At common law the office of executor was regarded as honorary, to be performed without compensation unless the will expressly provided for compensation. It is doubtful if the common-law rule ever obtained in this country, where from a very early time it has been universally considered that executors are normally entitled to reasonable compensation not only to reward them for their time, labor and trouble, but also for the responsibility incurred …
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Michigan Law Review
In the trial of defendant for embezzlement, the prosecutor's opening address to the jury included a hearsay statement, regarding a tacit admission by defendant, tending to establish his guilt. Subsequently in the trial such hearsay statement was not allowed in evidence and the defendant now claims on appeal from conviction that the opening statement was prejudicial and thus he is entitled to a new trial. Held, that the statute governing reversals by an appellate court for prejudicial errors did not apply; and that a new trial follows as a matter of course because of a deprivation of the constitutional …
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Michigan Law Review
Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …
Automobiles -Violation Of Parking Statute, Michigan Law Review
Automobiles -Violation Of Parking Statute, Michigan Law Review
Michigan Law Review
Defendant, in violation of a statute and ordinance prohibiting parking "within ten feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway," parked his truck within the prohibited area, thus blocking the sign from the view of the traffic it was intended to warn. A third party, approaching the stop street, being unable to see the sign, proceeded into the intersection without stopping, and struck the car in which plaintiff was a passenger, injuring him. Defendant demurred to the petition on the ground of lack of causal connection. Held …
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Michigan Law Review
An ordinance of the city of Detroit regulated trailer camps in part by requiring the consent of sixty-five per cent of the adjoining property owners before a permit would issue, and by forbidding the parking of occupied trailers in any camp or camps for more than ninety accumulated days in any twelve-months' period. Plaintiff camp owner sought to restrain enforcement of the restrictions. Held, that as to both the consent and the ninety-day provisions, the ordinance is a valid and reasonable exercise of the police power. Cady v. City of Detroit, 289 Mich. 499, 286 N. W. 805 …
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Michigan Law Review
Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature …
Corporations - Non-Profit Corporations - Power Of Court Of Equity To Preserve Original Purposes And Set-Up Of Such A Corporation, W. Wallace Kent
Corporations - Non-Profit Corporations - Power Of Court Of Equity To Preserve Original Purposes And Set-Up Of Such A Corporation, W. Wallace Kent
Michigan Law Review
The Osteopathic Hospital was incorporated in 1919 as a nonprofit corporation by five persons who subscribed funds for its support. Its articles provided that the qualifications for trustees, method of filling vacancies in the board of trustees and the manner in which persons could become members should be set out in the by-laws to be adopted by the original incorporators. The by-laws thus adopted provided for a self-perpetuating board of trustees with power in them to amend the by-laws. These by-laws were not questioned until January 20, 1938, when a group of the members attempted to amend the by-laws to …
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Michigan Law Review
The defendant broadcasting company leased its facilities to a commercial advertising corporation for the transmission of a series of sponsored radio programs. During the course of one of these broadcasts a comedian, employed by the advertiser, suddenly interpolated an extemporaneous remark, "That's a rotten hotel," in reference to plaintiff's hotel. A script for each program was prepared in advance, submitted to the defendant for approval, and followed exactly by the performers. The interjection in question did not appear in the script and had not been made at rehearsal. Plaintiff brought trespass for defamation, and from a judgment on a verdict …
Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review
Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review
Michigan Law Review
In a libel action, the plaintiff proved that the defendant had published a news item in its newspaper falsely imputing to the plaintiff, a Puerto Rican student at Louisiana State University, the authorship of an article written in the student paper deploring the pacifistic attitude of the American youth. The lower court dismissed the plaintiff's bill. Held, the publication by the defendant was not a libel actionable without proof of special damages, and that, while mental suffering alone would constitute special damages, the defendant's publication was not the proximate cause of the plaintiff's suffering. Santana v. Item Co., Ltd. …
Taxation - Constitutional Objections To Release Of Delinquent Taxes And Accrued Penalties Thereon, Michigan Law Review
Taxation - Constitutional Objections To Release Of Delinquent Taxes And Accrued Penalties Thereon, Michigan Law Review
Michigan Law Review
In 1933, the Ohio legislature passed an act exempting from taxation certain property of interurban railway companies for a period of three years from January 1, 1932, and a subsequent act in 1935 extended the exemption for two more years. Relator, a taxpayer, sought by mandamus to compel the state tax commission to collect the taxes for all the years in question. Held, the act was unconstitutional as applied to the 1932 taxes already assessed because it violated a provision of the state constitution forbidding retroactive laws. State ex rel. Struble v. Davis, 132 Ohio St. 555, 9 …
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Michigan Law Review
Desiring to operate a restaurant on his land, plaintiff petitioned the city trustees of Sunnyvale to rezone his property by taking it out of the residential district and adding it to the adjacent industrial district. After denial of his petitions, plaintiff brought this suit in which he sought a judgment declaring the zoning ordinance void as to his property. Reversing the lower court's judgment in favor of the city, the supreme court held, that because conditions had changed since the enactment of the ordinance, it was void as to plaintiff's property. Skalko V. City of Sunnyvale, (Cal. 1939) …
Dicey's Law Of The Constitution: A Review, William A. Robson
Dicey's Law Of The Constitution: A Review, William A. Robson
Michigan Law Review
The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …