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Michigan Law Review

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Criminal Law And Procedure - Indictments - Resubmission To Grand Jury Jun 1933

Criminal Law And Procedure - Indictments - Resubmission To Grand Jury

Michigan Law Review

The defendant was charged with criminal homicide but the grand jury refused to find a true bill. Two more bills were sent to the grand jury, identical in terms with the first. The third was returned a true bill. Defendant claimed error in overruling his motion to quash the indictment. Held, the motion to quash the indictment should have been granted as the subsequent bills were improper. State v. Ledford, (N. C. 1932) 166 S. E. 917.

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Front Matter, Michigan Law Review May 1933

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 31, Issue 7 of Michigan Law Review

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Fraudulent Concealment And Statutes Of Limitation, John P. Dawson May 1933

Fraudulent Concealment And Statutes Of Limitation, John P. Dawson

Michigan Law Review

In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …

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Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold May 1933

Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold

Michigan Law Review

A recent English case decided in the Court of Appeal, In re Société lntercommunale Belge D'Eléctricité, Feist v. The Company, suggests questions of interesting application to American constitutional law. In that case a debtor's obligation specified payment "in sterling in gold coin of the United Kingdom of or equal to the standard of weight and fineness existing on September 1, 1928." When payment became due, however, gold was no longer available - England had discontinued gold payments and left the gold monetary standard, gold was subject to being commandeered by the government, and gold coins were redeemable at …

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Taxation - Priority Of Realty Taxes In Receivership May 1933

Taxation - Priority Of Realty Taxes In Receivership

Michigan Law Review

The question of the priority of realty taxes has seldom arisen in receiverships, for the statutes in practically every jurisdiction have made the tax a lien on the land. The statutes are so worded that the tax lien takes precedence over mortgages, labor liens, and all other forms of encumbrances and claims. In times of greatly depleted land values it may happen that the unpaid taxes amount to more than the market value of the property. In such a case is the State to be treated as a general creditor for the amount of the deficiency or is it to …

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Admiralty- Collision- Damages Resulting From Disability Of Injured Vessels May 1933

Admiralty- Collision- Damages Resulting From Disability Of Injured Vessels

Michigan Law Review

The dredge Raritan collided with the petitioner's steam tug Integrity. It was found that both vessels were at fault, and it was ordered that the damages to each vessel should be equally apportioned between the owners. The trial court allowed petitioner the market hire of its tug for the time it was disabled while being repaired. The Circuit Court of Appeals excluded this item. The petitioner did not use its vessels for hire generally. Nor was it shown that the vessel would have been let if it could have been chartered. Three tugs were used in the business of towing …

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Bills And Notes - Negotiable Despite Reference To Trust Agreement May 1933

Bills And Notes - Negotiable Despite Reference To Trust Agreement

Michigan Law Review

In an action of replevin for the recovery of stolen debenture bonds, the defense relied upon the contention that the bonds were negotiable and that they had been bought by an innocent purchaser. The bonds in terms referred to a trust agreement "for a statement of the terms under which the said debentures are issued, and the rights. and obligations of the company, of the trustee and of the respective holders of the said debentures under the said trust agreement." It was further provided in the bonds that "to the extent provided in the said trust agreement all rights of …

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Conditional Sales - Repossession - Use Of Force May 1933

Conditional Sales - Repossession - Use Of Force

Michigan Law Review

A conditional seller, in order to repossess an automobile from a defaulting buyer unwilling to relinquish possession, forcibly expelled her from the car, assisted by local police acting merely at the vendor's request. In the scuffle she was knocked down. Her resulting rage moved the police to imprison her temporarily. In her subsequent action for damages the trial court instructed that if no more than reasonable force had been used the jury should find for the defendants. Held, the right of recapture does not include the right to use such force as was reasonably necessary. Roberts et ux. v. …

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Criminal Law And Procedure-Instructions To Jury May 1933

Criminal Law And Procedure-Instructions To Jury

Michigan Law Review

Defendant was indicted for unlawful possession of liquor. He offered no substantial defense, and the trial judge, in charging the jury, said that while they were sole judges of the facts, "that on the undisputed evidence this man is guilty, and it is your duty to convict him." On appeal, the circuit court held that the charge, while drastic, was not error, as there were no controverted facts, and hence nothing for the jury to do but convict. United States v. Notto, (C. C. A. 2d, 1932) 61 F. (2d) 781.

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Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose May 1933

Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose

Michigan Law Review

The defendant owned property next to a lake which he subdivided into residential lots for the purpose of establishing a summer resort colony. In 1924 he sold one of the lots some distance back from the lake to the plaintiff, and during the negotiations for such sale it was represented that all the lots which bordered on the lake, both in front of and on both sides of the plaintiff's lot, would be improved as a park, that no buildings would be put upon them, and that the plaintiff would have a quiet summer home with an unobstructed view of …

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State Regulation Of Interstate Motor Carriers, Paul G. Kauper May 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …

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Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota May 1933

Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota

Michigan Law Review

Alert Minnesota lawyers undertake to enlighten aggrieved persons in neighboring States in regard to the procedural advantages to be obtained in Minnesota. As a result of their efforts, a deluge of personal-injury litigation continues to flood the Minnesota courts. These tribunals are crowded with cases between non-residents on causes of action accruing abroad; Minnesota citizens are delayed in the trial of their own suits, and Minnesota citizens pay the bill for the added litigation. In addition, the non-resident defendant, required to appear in Minnesota, is deprived of evidence and is frequently put to useless expenditure; yet the Minnesota court, with …

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Automobiles-Licenses-Who Is A Chauffeur May 1933

Automobiles-Licenses-Who Is A Chauffeur

Michigan Law Review

In a suit to recover on an insurance policy, defendant sought to establish that the driver of plaintiff's automobile, who worked in plaintiff's plant and drove the delivery truck during the temporary absence of the usual driver, was not a licensed chauffeur as required by statute. Held, that a person who is not paid solely for driving a car but who does so merely as an incident to his regular employment does not come within the provision requiring those persons to obtain licenses who are " . . . known as a chauffeur, and employed for hire therefor . …

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Bankruptcy -- Fraudulent Conveyances -- Dealings Between One-Man Corporations Owned By One Person May 1933

Bankruptcy -- Fraudulent Conveyances -- Dealings Between One-Man Corporations Owned By One Person

Michigan Law Review

H was president of corporations A, B, and C. Through his control of B and C he secured personal advances approximating $600,000. This money he loaned as personal funds to A which through its directors and officers, in their official capacities, was aware of the source of the funds though not of the exact amounts nor of the fact of unlawful diversion. F bank held certain matured promissory notes of B upon which H had become obligated as guarantor. B and H were in financial difficulties and F bank threatened to throw H into bankruptcy.A thereupon, and …

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Bills And Notes-Acceleration Clause Affecting Negotiability May 1933

Bills And Notes-Acceleration Clause Affecting Negotiability

Michigan Law Review

A promissory note maturing by its terms ninety days after date contained a provision authorizing the payees to declare the note due "at any time they may deem this note insecure, even before the maturity of the same." In an action against indorsers, it was held that the note was rendered non-negotiable by the acceleration provision. Guio v. Lutes, (Ind. App. 1933) 184 N. E. 416.

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Constitutional Law--Due Process--Martial Law May 1933

Constitutional Law--Due Process--Martial Law

Michigan Law Review

The Texas Railroad Commission ordered a limitation of oil production in the East Texas field. Governor Sterling of that State issued a proclamation declaring martial law in the district and setting forth the existence of "a state of insurrection, tumult, riot and breach of the peace," and sent in troops to enforce the orders of the commission. A temporary injunction was issued restraining the commission's action but the governor continued, through the troops, to limit oil production. Such action was sought to be enjoined in the federal courts. The lower court granted the injunction. The decree was affirmed on the …

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Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act May 1933

Criminal Law And Procedure - Conspiracy - Conviction Of Woman Transported In Violation Of Mann Act

Michigan Law Review

Defendants, a man and woman, were indicted and convicted under the conspiracy statute for conspiring together to violate the Mann Act, the only evidence of the woman's cooperation being her mere consent to transportation for immoral purposes. The conviction was affirmed by the court of appeals, and reversed by the Supreme Court of the United States on the ground that the evidence was insufficient to support the conviction of the woman. Gebardi v. United States, (U.S. 1932), 53 Sup. Ct. 35.

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Federal Practice - Mandamus -Power Of Supreme Court To Issue May 1933

Federal Practice - Mandamus -Power Of Supreme Court To Issue

Michigan Law Review

An indictment having been returned against one Wingert, the district court refused to issue a bench warrant for his arrest. The United States petitioned the United States Supreme Court for a writ of mandamus. Held that without considering the right of the government to a direct review in certain cases adverse to it, and though the immediate appellate power is in the circuit court of appeals, the Supreme Court has power to issue the writ of mandamus on the ground that ultimate power to review by certiorari to the circuit court of appeals exists. Ex Parte United States, 53 …

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Vendor -Purchaser-Prospective Inability Of Vendor To Convey May 1933

Vendor -Purchaser-Prospective Inability Of Vendor To Convey

Michigan Law Review

In a contract for the sale of sixty-three lots of a subdivision, the defendant agreed to take the purchase money by installments extending over a period of eighteen months, and promised to convey the premises free from encumbrances when twenty-five per cent of the sale price was paid. While the plaintiff was not in default the defendant mortgaged the entire subdivision to one who was not charged with notice, to secure the payment of bonds some of which did not mature for five years. Stipulations m the mortgage allowed the release of any lot on deposit with the mortgagee of …

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Book Notes And Notices May 1933

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law.

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Actions-Single Injury To Person And Property As One Cause Of Action May 1933

Actions-Single Injury To Person And Property As One Cause Of Action

Michigan Law Review

The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …

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Bills And Notes -- Non-Negotiable Because Of Reference To Trust Agreement May 1933

Bills And Notes -- Non-Negotiable Because Of Reference To Trust Agreement

Michigan Law Review

Whether certain purchasers of notes occupied a better position than the ones from whom they purchased depended upon whether the notes in question were negotiable. Each note contained the following clause: "This note is one of a duly authorized issue of notes . . . issued under and all legally entitled to the benefit of a trust indenture. . . . For a description of the rights of the holders of the notes and the terms and conditions upon which the notes are issued, reference is made to said Trust Indenture with like effect as though said Trust Indenture were …

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Contracts - Offer And Acceptance - Silence As Acceptance May 1933

Contracts - Offer And Acceptance - Silence As Acceptance

Michigan Law Review

D had engaged P, an attorney, to sue X for $144,000 gotten by fraud, P agreeing to try the case on a 25 per cent contingent fee. While the suit was pending, D began negotiations through local attorneys for a settlement out of court, and asked P on March 4 what his fees would be in the event D accepted a compromise offer. P replied that his fee would be $12,500. On June 16 a settlement was reached, after which P was instructed to discontinue the suit. When D refused to pay the fee P sued. Held, that …

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Life Estates - Oil And Gas -Effect Of Lease By Life Tenant May 1933

Life Estates - Oil And Gas -Effect Of Lease By Life Tenant

Michigan Law Review

The plaintiff, a remainderman, granted an "oil and gas lease to X, subject to the rights of the tenant by curtesy, Anderson. Anderson, seven years later, granted an "oil and gas lease" in the same premises to Y. Eventually both leases were acquired by the defendant who entered upon the land and drilled for oil. Anderson contended that he was entitled not only to the royalty stipulated in the lease made by him, but also to receive for his lifetime the income from the proceeds of the sale of the royalty for which the remainderman stipulated. The defendant …

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Bankruptcy-Who May Become Bankrupts - Cooperative Marketing Asociations May 1933

Bankruptcy-Who May Become Bankrupts - Cooperative Marketing Asociations

Michigan Law Review

A cooperative marketing association was held to be such a "moneyed, business or commercial" corporation as may be ad judged an involuntary bankrupt under section 4 of the Bankruptcy Act. Schuster v. Ohio Farmers' Coop. Milk Ass'n, (C. C. A. 6th, 1932) 61 F. (2tl) 337.

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Receivers - Consent Receivership Not Allowed In Michigan May 1933

Receivers - Consent Receivership Not Allowed In Michigan

Michigan Law Review

A general creditor filed a bill alleging that the defendant corporation's assets as shown by its books have a value in excess of its indebtedness but that it cannot meet its current obligations although its assets, when converted into money would be sufficient to meet them and continue its business; that several suits have been instituted by defendant's creditors and that if executions are issued and levies made, defendant will be compelled to cease operations and losses will be suffered by all of defendant's creditors, whereas, if a receiver is appointed to operate its business their claims may be paid …

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Front Matter, Michigan Law Review Apr 1933

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 31, Issue 6 of Michigan Law Review

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Control Of Securities Selling, Watson Washburn Apr 1933

Control Of Securities Selling, Watson Washburn

Michigan Law Review

President Roosevelt in his inaugural address stated as one of the most important immediate necessities of the country "a strict supervision of all banking and credits and investments." This statement is in line with his campaign criticism of the failure of the Republican national administration to check the inordinate inflation of security prices in 1929. There is no doubt that the President's program in this respect received a sympathetic hearing throughout the country. Many state legislatures are now considering changes in state laws regulating securities. It is interesting that some States with rigid blue sky laws seem to be quite …

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Constitutional Law - The Delegation Of Federal Legislative Power To Executive Or Administrative Agencies Apr 1933

Constitutional Law - The Delegation Of Federal Legislative Power To Executive Or Administrative Agencies

Michigan Law Review

The range of governmental activity, ever expanding both because of the adoption of new functions and because of the increase in proportions of the old, has developed a frequent need for supervision by specialized administrative agencies. In addition to the normal trend toward increased administrative control, present-day economic difficulties have provided additional impetus in that direction. Hence the question of how far Congress can go in turning over its duties to executive or administrative agencies has become of immediate and vital concern.

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Practice And Procedure -The Effect Of Plaintiff's Pleading On The Doctrine Of Res Ipsa Loquitur Apr 1933

Practice And Procedure -The Effect Of Plaintiff's Pleading On The Doctrine Of Res Ipsa Loquitur

Michigan Law Review

The doctrine of res ipsa loquitur, originating as an exception to the requirement that the plaintiff must prove the particular acts of negligence causing his injury, is applied at the discretion of the trial judge in cases where the acts of negligence are unknown to plaintiff or proof of them is not available to him. Since the doctrine permits of an inference of negligence from the circumstances of the case, these circumstances must be such as will warrant the inference, and various rules have been evolved to determine this.

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