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Articles 6961 - 6990 of 8432
Full-Text Articles in Entire DC Network
Insurance - Death In Violation Of Law-Proximate Cause
Insurance - Death In Violation Of Law-Proximate Cause
Michigan Law Review
Decedent's life was insured by the defendant company, a clause in the by-laws of which, incorporated in the policy by reference, excepted liability where death occurred in consequence of a violation of law. Decedent and two companions had committed the crime of auto banditry, and police officers, with warrants for their arrest, surprised them in possession of the stolen car, killing the decedent who sat armed with a rifle in the rear seat as the car drove away. Held, the policy covered the death of the insured, including additional payment for accidental death. Ben Hur Life Association v. Cox …
Practice And Procedure-Special Appearance-Waiver Of Objections To Service Of Process
Practice And Procedure-Special Appearance-Waiver Of Objections To Service Of Process
Michigan Law Review
The plaintiff brought suit in a South Dakota court against residents of Nebraska. The defendants, in what they designated as a special appearance, objected to the jurisdiction of the court both over their persons and over the subject-matter. The trial court held that by objecting to the jurisdiction over the subject-matter, the defendants waived the right to attack the jurisdiction over their persons and so had made a general appearance. The defendants elected to stand upon their jurisdictional pleas. A default judgment was entered against them and from that judgment they appealed. Held, that an appearance objecting to the …
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency
Michigan Law Review
County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
Equity - Contempt - Enforcement Of Decree To Pay Money
Equity - Contempt - Enforcement Of Decree To Pay Money
Michigan Law Review
The defendant became the beneficiary in a life insurance policy by undue influence. The court decree ordered her to pay the proceeds, most of which she had spent, to the plaintiff, the original beneficiary. Upon commitment for contempt in disobedience of the decree the defendant brought habeas corpus. Held, that attachment for contempt for non-compliance with an order to pay money lies only when payment is unenforceable by execution. Since defendant had available his remedy of execution, contempt proceedings were unjustifiable. Klimek v. Borkowski, 259 Mich. 383,243 N. W. 313 (1932).
Criminal Law And Procedure - Homicide - Causal Relation Between Defendant's Unlawful Act And The Death
Michigan Law Review
Though the books are replete with homicides in which the elusive doctrine of proximate cause has vexed both courts and commentators, it may be ventured that no case has more strikingly run the gamut of proximate cause perplexities than Stephenson v. State. There it appeared that the deceased, an unmarried girl of good reputation and social standing, had been drugged and then raped by defendant in circumstances of the most atrocious brutality. In her dying declaration, admitted by the trial court into evidence, she deposed that "he chewed her all over her body; bit her neck and face; chewed …
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell
Michigan Law Review
Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Undiscovered Fraud And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Statutes of limitation are framed in terms of the interval between the accrual of a "cause of action" and the filing of suit. How far is the operation of this mathematical formula varied by the circumstance that the existence of the cause of action was for some time unknown to the suitor? In most American States statutes have given a partial answer to the question, but in uncertain terms. There, as well as in States where statutes are silent, an effort to provide a full and final answer would face a tangled web of history and legal doctrine, interwoven with …
Practice And Procedure - Declaratory Judgments In The Federal Courts
Practice And Procedure - Declaratory Judgments In The Federal Courts
Michigan Law Review
The declaratory judgment by that name is comparatively new in legal procedure in this country. But it is in reality simply an extension of an old process. The power to declare the rights of the parties is inherent in courts of equity and has been exercised since ancient times in action to quiet title, to declare marriages valid or void, to annul divorces, to declare legitimacy or illegitimacy or determine heirship, to construe wills and trusts, and in other actions. A suit for a declaratory judgment in no wise differs from other suits save in the single respect of the …
Automobiles - Guest - Contributory Negligence
Automobiles - Guest - Contributory Negligence
Michigan Law Review
The plaintiff was a guest of the defendant in the latter's automobile during a night trip. With the knowledge and consent of the defendant the plaintiff went to sleep. While he was sleeping the defendant negligently wrecked the car and plaintiff was injured. Held, that the question as to whether or not such conduct constituted contributory negligence was one of fact for the jury. Nelson v. Nygren, (N. Y. 1932) 181 N. E. 52.
Banks And Banking - Deposit Of Trust Funds In Individual Account Of Trustee - Liability Of Depositary
Michigan Law Review
Committee for an incompetent was directed, by the court order appointing him, to deposit in X bank all funds which might come into his possession. In violation of this order he deposited checks payable to himself as committee in his individual account in the defendant bank. Plaintiff, as substituted committee, sued the depositary for alleged diversions by the original committee, on the theory that the defendant aided the diversions by accepting the deposit of trust funds in the individual account of the committee. Held, under the rule of Bischoff v. Yorkville Bank defendant bank is not liable for the …
Criminal Law And Procedure - Aiding And Abetting
Criminal Law And Procedure - Aiding And Abetting
Michigan Law Review
Defendant and companion committed a holdup and robbery. Defendant's companion carried a pistol but did not have a license to do so. Defendant was unarmed. Held, that defendant was guilty of the offense of carrying a pistol without having first secured a license. Vinson v. State, (Ga.App. 1932) 164 S. E. 209.
Criminal Law And Procedure - Sufficiency Of Information
Criminal Law And Procedure - Sufficiency Of Information
Michigan Law Review
In an information for murder, after a definite statement of time and place it was charged that the defendant "did then and there . . . shoot, wound and kill" the deceased. On appeal from the order of the lower court overruling his demurrer to the information, the defendant contended that the information was defective in that it failed to allege death within a year and a day or that the deceased died in the county where the information was filed. Held, both time and place were sufficiently stated and the demurrer was properly overruled. State v. Stone, …
Duress -Threats Of Prosecution - Illegality
Duress -Threats Of Prosecution - Illegality
Michigan Law Review
Plaintiff filed a bill for cancellation, on the ground of duress or illegality, of a mortgage given by her to the defendant. The mortgage was induced by a promise of the defendant's attorney to use his influence to procure the release from jail of the mortgagor's husband and the dismissal of criminal proceedings originally brought against him by the defendant. Held, there was no duress, and no fraud or deceit was practiced upon the court or court officials, so relief must be denied. Wilhelm v. King Auto Finance Co., (Mich. 1932) 244 N. W. 130.
Executors And Administrators - Administration Without Probate
Executors And Administrators - Administration Without Probate
Michigan Law Review
The plaintiff is the only heir of the decedent who died intestate. The defendant was in possession of certain assets of the deceased which had formerly been deposited with a bank, now insolvent. Plaintiff brought a bill in her own name to compel the defendant to turn over to her such assets. The Illinois statute providing for administration adds, "Provided, That when the heirs are residents of this State and the estate is solvent and without minor heirs and it is desired by the parties in interest. to settle the estate without administration this law shall not apply." Held, …
Partnership - Consideration For Contract - Illusory Promise
Partnership - Consideration For Contract - Illusory Promise
Michigan Law Review
D and his three daughters executed an agreement whereby each was to get an undivided fourth interest in all of D's property. The business under this agreement was to be conducted on a partnership basis. It was agreed that D should have complete control of the business and the right to issue only such profit as he saw fit beyond the actual need of the daughters. A demand note was given in 1918 by each of D's daughters without interest. The notes were renewed and the majority of the court agreed that it was the intent of the …
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander
Certain Problems Confronting Creditors When A Revocable Trust Accomplishes Testamentary Succession, Ray Leslie Alexander
Michigan Law Review
Under the overwhelming weight of authority the reservation by the settlor of the income from trust property, or of other benefits, during his lifetime, and of the power to revoke the trust and so recover all or any part of the principal does not invalidate the trust; nor does the trust fail because the trust instrument is not executed in accordance with the Statute of Wills. Upon the death of the settlor the corpus of such a trust is distributable by the trustee in accordance with the terms of the trust instrument and does not pass to the executor or …
Banks And Banking -Trust Companies - Deposit Of Trust Funds By Corporate Trustee In Own Banking Department
Michigan Law Review
The appearance of the corporate fiduciary, the trust company, in the modern banking and business world has, because of its peculiar composite structure, been attended by some confusion in the application to it of certain rules designed for the administration of trusts by private persons as trustees. The trust company maintains a department which acts as trustee, executor under wills, and in such other capacities as a natural fiduciary might assume; and in addition there usually exists, within the same corporate structure, a commercial and savings banking business. Each of these departments is capable of dealing with the other as …
Carriers - State Regulation Of Interstate Motor Carriers
Carriers - State Regulation Of Interstate Motor Carriers
Michigan Law Review
Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Michigan Law Review
The far-reaching contest being waged between the advocates of municipal ownership of public utilities and the private ownership group, between those who "want the government to get out of business" and those who desire to see an increase in its proprietary functions, has produced a number of sharp legal controversies. One of the most interesting of these, recently litigated in a number of state courts, is whether an obligation incurred for the purchase or repair of a municipally-owned utility is a "municipal debt" within the meaning of constitutional or statutory debt limits. Because of the wide-spread interest in, and the …
The Value Of Sociology To Law, Robert C. Angell
The Value Of Sociology To Law, Robert C. Angell
Michigan Law Review
There has been a good deal said about a sociological approach to law and, as time goes by, more and more attempts are being made to turn words into action. There is a definite trend toward the tise of the sociologist, his research methods, his findings, or his body of principles by those concerned with the law. It may not be amiss, therefore, for a sociologist to inquire what the possibilities of this trend really are. Though, in certain respects, he may be less well equipped for this task than the student of law, he at least has the advantage …
Constitutional Law -Validity Of Restrictions On House-To-House Selling
Constitutional Law -Validity Of Restrictions On House-To-House Selling
Michigan Law Review
Although data of an accurate nature are not available there seems no doubt that the use of house-to-house selling as a means of distribution has received a considerable impetus during the past few years. So extensive, in fact, has the practice become that many communities are seeking relief from whatever undesirable features may be felt. The problem has already been the subject of litigation in Fuller Brush Co. v. Town of Green River. That other controversies will inevitably follow justifies consideration of the legal aspects involved.
International Law Problems In The Extradition Of Samuel Insull
International Law Problems In The Extradition Of Samuel Insull
Michigan Law Review
Considerable interest was aroused by the press announcement of October 4, 1932, that Samuel Insull, former utilities magnate, had been indicted by an Illinois grand jury on charges of embezzlement and larceny and that his extradition from France, where he was then sojourning, would be requested. The seventy-four year old fugitive displayed unusual vigor in surreptitiously leaving Paris by train for Italy, where he boarded an airplane for Greece. He arrived in Athens on October 9, 1932, just one day after the request for his extradition reached Paris. On the following day he was arrested by the Greek authorities on …
Trust Receipts
Michigan Law Review
That the conflict between the convenience of business and the rigidity of the law continually brings about modifications and expansions of legal doctrine is nowhere better illustrated than in the field of commercial financing. A merchant wishes to purchase goods; he has no funds or available unencumbered property for security; his general credit is too poor to warrant either the manufacturer or a bank in making advances without security. How can the manufacturer give the merchant possession and power of sale of the goods and yet retain a legal hold on them or their proceeds as security for the payment …
Corporations - Conversion Of Corporate Stock
Corporations - Conversion Of Corporate Stock
Michigan Law Review
The defendant acquired in good faith certain stock certificates, each bearing an indorsement purporting to be that of the plaintiff. The certificates had been stolen from the plaintiff and the indorsements were forged. Upon learning that these certificates were in the possession of the defendant the plaintiff demanded their return, which was refused without qualification. The plaintiff then brought an action of trover to recover as damages the value of the stock. The Appellate Division limited the recovery to damages incurred by way of expenses, profits lost, or otherwise, flowing from the wrongful detention of the certificates as distinguished from …
Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant
Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant
Michigan Law Review
Prosecuted for unlawful possession of liquor, defendant moved to suppress the evidence on the ground that the following description in the warrant, under authority of which the liquor was seized, fails sufficiently to describe the premises searched: " . . . on the northwest cor. in Block 'A,' Robinson Addition in the City or Town of Elk City (Cor. 9th and Oliver Sts. Beckham County, State of Oklahoma)." Block A was originally not subdivided and was without streets. It was later subdivided and 9th and Oliver Streets crossed near the center of the block. The house searched was on Lot …
Criminal Law And Procedure - Indictment And Information - Sufficiency Of Allegation
Criminal Law And Procedure - Indictment And Information - Sufficiency Of Allegation
Michigan Law Review
An indictment under section 215 of the Criminal Code of the United States charged the appellant with devising a scheme to defraud and to obtain money under false pretences from certain named persons ( the scheme is fully set out and certain representations alleged) and with causing, for the purpose of executing said scheme, "a certain letter" to a named individual to be delivered by United States mail. The defendant promptly filed a motion to quash the indictment on the ground that it was not sufficiently informative of the offense. Held, without discussion, that the indictment was sufficient. Johnson …
Criminal Law And Procedure - Evidence - Presumptions
Criminal Law And Procedure - Evidence - Presumptions
Michigan Law Review
The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Torts - Liability Of Negligent Driver To One Who Goes To His Rescue
Michigan Law Review
Defendant's driver tried to pass plaintiff's car on an icy road and, solely because of his excessive speed under the prevailing conditions, the defendant's truck skidded off the road and into an electric light pole. The pole and attached wires fell to the ground and the defendant's driver was pinned beneath the overturned truck. Plaintiff rushed to the assistance of the driver, but, in so doing, became entangled in the highly charged wires and was severely burned. In a suit to recover for the injuries so sustained, it was held that plaintiff could recover from defendant. Butler v. Jersey Coast …