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Michigan Law Review

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Criminal Law In Russia, Pendelton Howard Jun 1932

Criminal Law In Russia, Pendelton Howard

Michigan Law Review

A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.

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Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute Jun 1932

Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute

Michigan Law Review

Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …

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Book Notes And Notices Jun 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.

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The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant May 1932

The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant

Michigan Law Review

When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.

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Receivers -Liability For Corporate Franchise Taxes Accruing After Appointment May 1932

Receivers -Liability For Corporate Franchise Taxes Accruing After Appointment

Michigan Law Review

General business conditions of the last three years have made the field of receivership law an extremely interesting and important one to that portion of the bar which has been picking up the pieces left by the debacle of 1929. The widespread liquidation and dissolution of great business organizations has been effected in large part through the medium of the receivership. One of the more difficult problems arising in connection with such receiverships has been the liability of the receiver for franchise taxes. Such taxes have been held to be not property levies but excises on the privilege to carry …

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Wills - Legacies On Impossible Or Illegal Conditions Precedent May 1932

Wills - Legacies On Impossible Or Illegal Conditions Precedent

Michigan Law Review

If a devise of realty be upon a condition subsequent which is impossible of performance or which is illegal as being malum prohibitum, it is generally held that the condition is void, but the devise is free and single. In this respect the law pertaining to legacies upon condition materially agrees with that upon devises of realty. But perhaps one of the most unusual distinctions drawn in the law of property is that which is drawn between an illegal or an impossible condition precedent to a legacy of personalty and an illegal or an impossible condition precedent to a …

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Corporations - Rights And Remedies Of Dissenting Stockholders Upon Consolidation And Merger May 1932

Corporations - Rights And Remedies Of Dissenting Stockholders Upon Consolidation And Merger

Michigan Law Review

Consolidation or merger of private corporations in recent years has been more and more frequent. One of the most engrossing problems when such unions take place is that of the rights and remedies of dissenting shareholders. The question which arises most frequently in cases of consolidation or merger, and that in the solution of which, paradoxicaIIy, our courts tend to expend the least amount of legal acumen, is whether the consolidation or merger of corporations operates to dissolve the constituent corporations in such a manner as materially to affect the rights of the shareholders in those corporations.

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Contracts - Partial Illegality - Contract In Restraint Of Trade May 1932

Contracts - Partial Illegality - Contract In Restraint Of Trade

Michigan Law Review

The plaintiff contracted to transfer his law business, property used in connection therewith, and good will to the defendant and to refrain from practicing law within the state until the time set for payment of the balance of the contract price. The balance not having been paid at maturity, the plaintiff brought an action on the contract, alleging full performance on his part. The defendant demurred on the ground that the contract constituted an illegal restraint of trade under Oklahoma statutes which declare that agreements in restraint of trade upon selling the good will of a business are void to …

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Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings May 1932

Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings

Michigan Law Review

On indictment for the refusal to give information requested by the authorized revenue agent, the appellee interposed a special plea averring that it would compel him to become a witness against himself in violation of the Fifth Amendment of the federal Constitution which reads, "nor shall any person be compelled to be a witness against himself." Held, the danger of incrimination in a state court was not grounds for asserting the constitutional privilege. United States v. Murdock, 284 U. S. 141, 52 Sup. Ct. 63, 76 L. ed. 83 (1931).

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Federal Practice - Power Of United States Supreme Court To Entertain Writ Of Certiorari Where Appeal Has Been Erroneously Taken May 1932

Federal Practice - Power Of United States Supreme Court To Entertain Writ Of Certiorari Where Appeal Has Been Erroneously Taken

Michigan Law Review

Judgment for the plaintiff in a law action was affirmed by the circuit court of appeals, first circuit, and defendant appealed to the Supreme Court of the United States and at the same time petitioned for a writ of certiorari. The appeal was dismissed for want of jurisdiction, and appellee contended that the petition for certiorari could not be entertained under par. (b) of sec. 240, Judicial Code, as amended by Act of February 13, 1925 (c. 229, 43 Stat. 936, 938, 939; U.S. C. A. tit. 28, sec. 347). Held, that the writ of certiorari could be granted, …

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Sales - What Constitutes Notice Of Defective Title May 1932

Sales - What Constitutes Notice Of Defective Title

Michigan Law Review

A retail dealer in automobiles sold to the plaintiff a new and unregistered automobile. This car had previously been sold by the dealer to a third person, under a conditional sale agreement. This contract the dealer assigned to the plaintiff who recorded it, together with the assignment. Neither the conditional vendor nor the plaintiff took possession of the car which was left in the dealer's possession. Thereafter the dealer sold it to the defendant who purchased for value and without actual notice and took possession. The plaintiff sought to recover the car in an action of replevin. Held, the …

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Searches And Seizures - Allegations Necessary For Warrant May 1932

Searches And Seizures - Allegations Necessary For Warrant

Michigan Law Review

The defendant objected to the use in evidence of intoxicating liquor on the ground that it was seized during a search of his premises under an insufficient search warrant. Held, the search warrant was issued without a sufficient showing that reasonable and probable cause existed for the search, there being neither a positive allegation of facts in the affidavit for the warrant nor a hearing of evidence by the issuing magistrate. Smith v. State (Ind. 1931) 177 N. E. 898.

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Political Theory And Practice, Everett S. Brown May 1932

Political Theory And Practice, Everett S. Brown

Michigan Law Review

A review of THE DEVELOPMENT OF AMERICAN POLITICAL THOUGHT. A DOCUMENTARY HISTORY. By J. Mark Jacobson, Ph.D.

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Book Notes And Notices May 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology government etc.) which are of possible value to the legal profession.

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Front Matter, Michigan Law Review May 1932

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 30, Issue 7 of Michigan Law Review

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State Administrative Supervision Of Municipal Indebtedness, E. Blythe Stason Apr 1932

State Administrative Supervision Of Municipal Indebtedness, E. Blythe Stason

Michigan Law Review

One of the lessons being drawn from the present economic depression, and especially from the financial straits of municipalities, is the very real need of more adequate restriction upon the power of cities, towns, villages, counties, school districts and other local governments to burden themselves and their taxpayers with excessive public debt.

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Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding Apr 1932

Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding

Michigan Law Review

The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.

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President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment Apr 1932

President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment

Michigan Law Review

In Illinois also the time between arrest and indictment is considerable. According to the figures of the Illinois Crime Survey the median time after preliminary hearing before indictment of persons who pleaded guilty ranged from thirteen days in Chicago to thirty-seven days in other parts of the state. An average of another two days is added by the time between arrest and preliminary hearing. In Missouri, too, the time interval is long. It seems reasonable to assume, therefore, that in the federal courts the time between arrest and indictment is at least as long, especially in districts where grand juries …

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Bills And Notes - Waiver Of Presentment And Notice Of Dishonor Apr 1932

Bills And Notes - Waiver Of Presentment And Notice Of Dishonor

Michigan Law Review

The defendant was an accommodation indorser on a demand note without interest. Almost three years after date of the note the holder notified defendant that repeated attempts had been made to secure payment from the maker, but without avail, and that the defendant was expected to pay. This resulted in a conversation between holder and defendant in which defendant indicated that it was not convenient for him to pay the note, and some discussion occurred as to the defendant's giving collateral security and an effort on his part to get some protection from the maker, the holder allowing the note …

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Front Matter, Michigan Law Review Apr 1932

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 30, Issue 6 of Michigan Law Review

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The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume Apr 1932

The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume

Michigan Law Review

When the object of a creditors' suit is to reach, establish and administer assets in the hands of a trustee who holds them for the benefit of all the creditors, the suit must be by all the creditors or by one or more for the benefit of all. In other types of creditors' suits, for example to set aside a fraudulent conveyance, joinder of all the creditors is not required. Each may sue alone, two or more may join, or one or more may sue for the benefit of all.

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Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger Apr 1932

Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger

Michigan Law Review

On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."

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Corporations - Corporate Reorganization Under Charter Agreement -Validity Of Enabling Statutes Apr 1932

Corporations - Corporate Reorganization Under Charter Agreement -Validity Of Enabling Statutes

Michigan Law Review

That reorganization is vexatious, frequently long drawn out and costly, is universally conceded. In the absence of statutory provisions, the only known judicial process whereby a court may set a reorganization in motion is a foreclosure and sale, or sale by court decree in an equity receivership. In most cases the real and only purpose of a reorganization is to work out a capital structure which the business of the corporation will support, hence, the sale under foreclosure or by court decree is a device rather than an independent end. As a result, much confusion and uncertainty exist under the …

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Corporations - Insolvency - Statutes Giving Priority To Wage Claims Apr 1932

Corporations - Insolvency - Statutes Giving Priority To Wage Claims

Michigan Law Review

Statutes giving liens or preferences to wage claims upon the insolvency of corporations are found among the laws of many states. In reference to the priority established, these statutes can be divided into three classes: those specifically stating that the lien or preference created shall be prior to all other claims not secured by specific liens, those specifically stating that wage claims shall be superior to all other claims upon the property of the corporation, including mortgages, and those making wage claims a lien or preferred debt to be paid "before any other debt or debts." Under this last type …

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Expanding Principles Of Jurisdiction Apr 1932

Expanding Principles Of Jurisdiction

Michigan Law Review

In the recent case of Frank S. Young Co. v. McNeal-Edwards Co., the plaintiff, a Massachusetts corporation, purchased a quantity of oil from the defendant, a Virginia corporation, the vendee to return the oil drums. Alleging a breach of warranty, the plaintiff filed suit in Massachusetts, gaining jurisdiction by attachment of the oil drums. Subsequently the defendant filed suit for conversion of these oil drums, upon which the plaintiff dropped his first suit and started this suit in the federal court by a service of process upon the attorney of record of the defendant in its suit as provided …

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Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment Apr 1932

Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment

Michigan Law Review

A vexatious question, and one which frequently arises in proceedings for removal from one federal district to another for trial, is to what extent the courts will go in weighing the force of the evidence against the accused. The government, when asking removal, presents to the court or commissioner a copy of the indictment found in the district to which removal is asked, and frequently rests on this, after giving evidence that the defendant is the party named in the indictment. The defendant, on the other hand, usually presents a mass of evidence, relevant and irrelevant, in an endeavor to …

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Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street Apr 1932

Automobiles - Right Of Way At Intersections - Effect Of "Stop" Street

Michigan Law Review

In driving his automobile plaintiff approached a "stop" street and stopped his car as required by law; he then entered the intersection and collided with defendant's car, which approached from plaintiff's left on the "through" street. On the trial of an action for the resulting damage the court instructed the jury that the vehicle on the through street "shall have right of way over all other vehicles approaching or traveling upon all streets intersecting said designated boulevard." Held, such instruction is erroneous, for the ordinance did not give the traveler on the through street right of way over cars …

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Banks And Banking-What Constitutes Payment Of A Check Apr 1932

Banks And Banking-What Constitutes Payment Of A Check

Michigan Law Review

The payee bank forwarded checks to the drawee bank for payment. The checks were entered on the "check journal sheet" and at the close of the business day were entered on the "general cash sheet" of the drawee bank. The drawee bank posted a letter to the payee bank stating that it had been credited with the checks. Later, the cashier withdrew from the mails this letter and altered the records of the drawee bank accordingly. The checks were never charged to the drawer's account on the "individual ledger" of the drawee bank and they were never stamped "paid." Held …

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Bills And Notes-Holders In Due Course-Good Faith Taker Apr 1932

Bills And Notes-Holders In Due Course-Good Faith Taker

Michigan Law Review

The plaintiff bank sued the defendant maker on his promissory note which with several others had been given as collateral by the payees for a loan made to them by the bank. The defendant alleged fraud and that the bank did not take in good faith as required by the Uniform Negotiable Act, Gen. Laws 2921 (N. I. L., sec. 52) because of the following circumstances: inconsistent property valuation reports, knowledge of the slight financial responsibility of one of the makers of the note, insufficient investigation of financial status of one of the guarantors and the lack of a financial …

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Constitutional Law-Compelling Witness Duty From Absent Nationals Apr 1932

Constitutional Law-Compelling Witness Duty From Absent Nationals

Michigan Law Review

In proceedings taken under the so-called Walsh Act the petitioner, Blackmer, a United States citizen residing in France, was found guilty of contempt for failure to respond to subpoenas issued out of a federal court and served on him in France by a United States consul requiring him to appear as a witness in that court. See 30 MICH. L. REV. 137 (1931) for a more detailed statement of the facts. By a unanimous decision (Mr. Justice Roberts not participating) the United States Supreme Court recently held that the contempt decree be affirmed, thus sustaining the constitutionality of the Walsh …

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