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Michigan Law Review

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Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger Apr 1958

Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger

Michigan Law Review

In an action arising out of a highway collision, plaintiff sought disclosure of the amount of defendant's liability insurance in a pre-trial discovery proceeding. The defendant was adjudged to be in default for his refusal to disclose this information. On a writ of certiorari, held, the order of the trial court is quashed. Only matters which can actually be admitted and used as evidence or matters which might lead to the finding of such evidence are proper subjects of discovery under the Florida rule. The amount of defendant's insurance is not relevant to the litigation since it will accomplish …

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Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg Apr 1958

Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg

Michigan Law Review

Defendant-appellant was charged with violation of a Los Angeles municipal ordinance which required all persons convicted of a felony in California, or of a crime committed elsewhere which would have been punishable as a felony in California, subsequent to January 1, 1921, to register with the Chief of Police upon remaining in the city longer than five days, or upon making more than five visits to the city within a thirty-day period. At the time of her arrest, appellant had been a resident of Los Angeles for seven years. Within that period she had been convicted (in Los Angeles) of …

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Corporations - Dissolution - Equity Power To Dissolve Going Concern For Dissension, Robert P. Luciano S.Ed., Robert M. Vorsanger Apr 1958

Corporations - Dissolution - Equity Power To Dissolve Going Concern For Dissension, Robert P. Luciano S.Ed., Robert M. Vorsanger

Michigan Law Review

The stock in a hotel management corporation was divided equally between two families, each of which had for some years been unable to agree or cooperate with the other in the management of the business. As a result of this dissension, no meeting of stockholders or directors was held for some years, no withdrawals of profits had been possible for six years, and the corporation had been operated at a loss for the year prior to suit. While the concern was not insolvent, such a financial state was allegedly imminent, the business of the corporation was admittedly poorly managed and …

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Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr. Apr 1958

Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.

Michigan Law Review

Defendant, a witness called by the New Hampshire attorney general in an investigation of subversive activities, was granted statutory immunity in New Hampshire from criminal prosecution which might arise from his testimony and was ordered to testify. Since any disclosures would create serious danger of prosecution by the United States and Massachusetts, whose agencies were also investigating his activities, defendant refused to testify despite the grant of immunity, invoking the privilege against self-incrimination guaranteed by the state constitution. He was found guilty of contempt, subject to his exceptions regarding the constitutionality of the immunity statute. On hearing before the state …

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Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed. Apr 1958

Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed.

Michigan Law Review

Plaintiff brought suit in the Municipal Court of Cleveland based on an automobile collision which occurred in the city. Defendant was served by mail at his residence outside the city and beyond the territorial jurisdiction of the court. Appearing specially, defendant moved to quash service of summons; the trial court overruled the motion and gave him leave to plead. Defendant then filed a counterclaim based on the same collision, alleging the negligence of the plaintiff and requesting damages. On appeal of the decision overruling his motion to quash service, held, defendant had not waived his objection to jurisdiction by …

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Wills - Revocation - Loss Of A Duplicate Will, John W. Gelder Apr 1958

Wills - Revocation - Loss Of A Duplicate Will, John W. Gelder

Michigan Law Review

Testator, who had executed his will in triplicate, retained two originals in his possession, but only one of them could be found after his death. Plaintiff sought to probate this document, but the lower court held that the plaintiff had not rebutted the presumption of revocation arising from the loss or destruction of one duplicate and refused to grant probate. On appeal, held, reversed. The presumption that the testator destroyed one original with an intention to revoke his will is rebutted by the fact the testator had preserved another original in his possession. Jones v. Mason, (La. 1958) …

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Municipal Corporations - Financial Powers - Power To Expend Public Funds In Aid Of Industry, Paul K. Gaston Apr 1958

Municipal Corporations - Financial Powers - Power To Expend Public Funds In Aid Of Industry, Paul K. Gaston

Michigan Law Review

Taxpayers and voters of Frostburg, Maryland, sought to restrain the holding of an election under enabling legislation to obtain authority both to issue municipal bonds and to devote the proceeds to acquiring a site and contributing to the cost of construction of a building for sale to a private manufacturing company. The chancellor issued an injunction against the holding of such election on the ground that the enabling act, in authorizing the use of public funds for private purposes, was unconstitutional. On appeal, held, reversed. The location of new industry in furnishing employment and increasing the financial well being …

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Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed. Apr 1958

Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed.

Michigan Law Review

At a general election on November 6, 1956, voters of the state of Washington approved by popular initiative a reapportionment of the legislature based upon political sub-divisions as described in the federal census of 1950. On December 6, 1956, the governor proclaimed the measure to be law and it was enrolled as chapter 5, Laws of 1957. At the regular 1957 session of the state legislature, chapter 289, revoking the initiative and calling for the use of the election precinct as the unit · of population for forming legislative districts, was passed by a vote of more than a two-thirds …

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Contracts - Offer And Acceptance - Newspaper Advertisement As Offer To Sell, Theodore G. Koerner Apr 1958

Contracts - Offer And Acceptance - Newspaper Advertisement As Offer To Sell, Theodore G. Koerner

Michigan Law Review

Defendant store published two newspaper advertisements offering for sale on successive Saturdays limited numbers of fur pieces for one dollar, "first come, first served." The initial advertisement offered three new fur coats "worth to $100"; the second, inter alia, one black lapin stole "worth $139.50." Plaintiff was the first person to appear at the appropriate counter on both days, but defendant each time refused to sell him the advertised furs, asserting a "house rule" that such offers could be accepted only by women. Plaintiff sued for contract damages. As to the offer of the coats "worth to $100," the trial …

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Gair & Cutler: Negligence Cases: Winning Strategy, Marcus L. Plant Apr 1958

Gair & Cutler: Negligence Cases: Winning Strategy, Marcus L. Plant

Michigan Law Review

A Review of Negligence Cases: Winning Strategy. By Harry A. Gair and A. S. Cutler.

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Municipal Corporations - Contracts - Ratification And Estoppel In Contracts Made By Unauthorized Agent, Edward M. Heppenstall Apr 1958

Municipal Corporations - Contracts - Ratification And Estoppel In Contracts Made By Unauthorized Agent, Edward M. Heppenstall

Michigan Law Review

Plaintiff's infant daughter, admitted to Newark City Hospital as an emergency case, received hospitalization and medical treatment worth $1,190 during her seventy-day period of confinement. The medical director of the hospital had made an agreement with the Hospital Service Plan of New Jersey which provided that regardless of the amount or quality of the hospitalization required, payment of the flat sum of $100 for any subscriber-patient would constitute payment in full to the city. The city accepted the $100 check paid by the Plan as billed by the hospital for the care of the child. In order to facilitate settlement …

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Jessup: Transnational Law, Eric Stein Apr 1958

Jessup: Transnational Law, Eric Stein

Michigan Law Review

A Review of Transnational Law. By Phillip C. Jessup.

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Recent Books, Michigan Law Review Apr 1958

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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Periodical Index, Michigan Law Review Apr 1958

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.

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Criminal Law - Evidence - Wiretapping, James A. Park Apr 1958

Criminal Law - Evidence - Wiretapping, James A. Park

Michigan Law Review

Suspecting that petitioner and others were violating state narcotics laws, New York police tapped petitioner's telephone pursuant to a warrant obtained in accordance with New York law. Acting upon information thus gained the police apprehended petitioner's brother. In his possession was found, not the narcotics as suspected, but alcohol without the tax stamps required by federal law. This evidence was turned over to federal authorities. Prosecution for possessing and transporting distilled spirits without tax stamps thereon followed, during which petitioner's motion to suppress the evidence obtained through the wiretap was denied. The Second Circuit affirmed the conviction, holding that although …

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Workmen's Compensation - Benefits - Exclusiveness Of Schedule Provision, Mark Shaevsky Mar 1958

Workmen's Compensation - Benefits - Exclusiveness Of Schedule Provision, Mark Shaevsky

Michigan Law Review

Plaintiff received benefits under the schedule provisions of the Michigan workmen's compensation statute for amputation of four fingers and one leg. Upon the expiration of payments the hearing officer awarded additional recovery for plaintiff's total disability resulting from the amputation. After subtracting compensation received for the specified losses, the appeal board affirmed. On appeal to the supreme court, held, affirmed by an equally divided court. The legislature intended the schedule provisions to be irreducible minimum awards, not exclusive compensation. Curtis v. Hayes Wheel Co., which construed schedule allowances as barring further recovery for total and permanent disability, is …

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Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches Mar 1958

Damages - Automobile Collisions - Penalties For Failure To Settle Small Claims Promptly, Ralph E. Boches

Michigan Law Review

Recent Arkansas legislation provides for double damages, reasonable attorney's fees of not less than fifty dollars, and court costs for failure to pay property damage claims arising from automobile collisions within sixty days after the submission of estimates of damage. Application of the statute is limited to claims under two hundred dollars. Furthermore, if the defendant presents a "meritorious defense," liability under the statute does not attach. Acts of Arkansas (1957), Act 283, Senate Bill 166.

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Vaughan: The United States Patent System, Arthur M. Smith Mar 1958

Vaughan: The United States Patent System, Arthur M. Smith

Michigan Law Review

A Review of The United States Patent System. By Floyd L. Vaughan.

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Future Interests - Validity Of Shifting Executory Interest On Event Certain To Occur, Jerome B. Libin S.Ed. Mar 1958

Future Interests - Validity Of Shifting Executory Interest On Event Certain To Occur, Jerome B. Libin S.Ed.

Michigan Law Review

Testator's will provided for alternative devises of his business real estate. If employees of the business exercised an option granted by the will to purchase his partnership interest within eight months after his death, the real estate was to pass to a bank in trust for his daughter and her children. If the option was not exercised within this period, the real estate was to pass to his widow. A residuary clause divided the remainder of his estate equally between his widow, absolutely, and the named bank as trustee. After passage of the eight-month period, testator's daughter sought a declaration …

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Avins: The Law Of Awol, Major General Thomas H. Green Mar 1958

Avins: The Law Of Awol, Major General Thomas H. Green

Michigan Law Review

A Review of The Law of AWOL. By Alfred Avins.

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Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed. Mar 1958

Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed.

Michigan Law Review

Defendant purchased a tract of vacant land located in the most highly restricted residence zone of his city. The local zoning ordinance prescribed minimum area, width, and depth measurements for building plots in that district. Defendant desired to subdivide the property into two building plots in order to build a one-family residence on each plot. Although the first plot complied with the minimum requirements of the ordinance, the other plot was deficient in area and depth measurements. Defendant was unsuccessful in his attempts both to purchase adjoining land and to sell parts of his property to adjoining owners. He then …

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Oil And Gas - Construction Of Lease-Dry Hole And Cessation Of Production Clause, James L. Burton Mar 1958

Oil And Gas - Construction Of Lease-Dry Hole And Cessation Of Production Clause, James L. Burton

Michigan Law Review

Newman Brothers Drilling Company obtained an oil and gas lease on land subject to a prior lease held by Stanolind Oil and Gas Company and under which a well commenced within the primary term had been completed as a dry hole after the expiration of the primary term. Forty-nine days after completion of the dry hole Stanolind commenced and completed a second well as a producer. Upon suit by Newman in trespass to try title and for declaratory judgment the court of civil appeals, reversing the trial court, held that the lease under which Stanolind claimed had terminated with the …

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Periodical Index, Michigan Law Review Mar 1958

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.

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Front Matter, Michigan Law Review Mar 1958

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter Volume 56, Issue 5 of Michigan Law Review

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Tax Accrual Accounting For Contested Items (Without The Benefit Of I.R.C. Sections 452 And 462), Harrop A. Freeman Mar 1958

Tax Accrual Accounting For Contested Items (Without The Benefit Of I.R.C. Sections 452 And 462), Harrop A. Freeman

Michigan Law Review

A spate of cases in 1956-1957 has required us to examine again the tax handling of accrual accounting in an attempt to find some way through the judicial morass. This study is concerned primarily with proper income and expense accrual reporting in cases in which some form of controversy exists or may exist between the taxpayer and another party concerning the item to be accrued.

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Atomic Energy - Indemnity Legislation - Anderson Amendments To The Atomic Energy Act Of 1954, Dudley H. Chapman S.Ed. Mar 1958

Atomic Energy - Indemnity Legislation - Anderson Amendments To The Atomic Energy Act Of 1954, Dudley H. Chapman S.Ed.

Michigan Law Review

The Anderson Amendments were enacted to encourage private industry to enter the atomic energy field by removing the risk of excessive liability for a major nuclear reactor disaster. Such a disaster could result in liability far in excess of available insurance coverage. The solution provided by the new legislation has three aspects: (1) After private financial protection, geared to the amount of available insurance, is obtained by a person licensed by the Atomic Energy Commission, (2) the Commission will execute an agreement to indemnify (not insure) the licensee and "any other person who may be liable for public liability" to …

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Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler Mar 1958

Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler

Michigan Law Review

The venerable rule of property known as the rule against perpetuities has recently been subjected to numerous searching and critical analyses, some of which will presently be discussed. Thus far nothing has been published dealing with, and only Professor Simes has touched upon, what seems to the present writer to be the most serious problem engendered by the common law rule in its commonly accepted form, i.e., the notion that the rule is concerned only with remoteness of vesting. It is the purpose of the present discussion to examine the concept of vesting as related to the rule and to …

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Atomic Energy - Patents - Patent Aspects Of Domestic Law, Euratom, And The International Atomic Energy Agency, Peter H. Hay Mar 1958

Atomic Energy - Patents - Patent Aspects Of Domestic Law, Euratom, And The International Atomic Energy Agency, Peter H. Hay

Michigan Law Review

With the growing importance of atomic energy, conventional legal concepts must be adapted and remodeled to fit new situations. In the area of patent law, the traditional notion that the inventor's reward should be a legal monopoly in the invention, in the form of a patent, has to be reconciled with the need for wide dissemination of technical information. The need for secrecy, for government control over weapons, and for cooperation with other countries affects the atomic patent system. These factors are reflected in the Atomic Energy Act of 1954 and in the agreements establishing two international organizations concerned with …

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Contribution - Joint Liability - Claimant Not A Volunteer But Not Subject To A Common Liability, Melvyn I. Mozinski Mar 1958

Contribution - Joint Liability - Claimant Not A Volunteer But Not Subject To A Common Liability, Melvyn I. Mozinski

Michigan Law Review

A passenger was injured while riding in an automobile driven by D when it collided with a car driven by C. In the passenger's action for damages against C, C cross-complained against D. On the day of trial C settled with the passenger with the knowledge and approval of D. In the ensuing suit for contribution both C and D denied negligence; the jury found that D was negligent and that C was in no way at fault. Since there was no common liability shown, C's claim for contribution was dismissed. C moved to have …

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Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner Mar 1958

Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner

Michigan Law Review

The United States as plaintiff instituted denaturalization proceedings alleging that deliberately false statements were made by defendant at the time of his naturalization. No "affidavit showing good cause" for such suit, required by section 340 (a) of the Immigration and Nationality Act of 1952, was filed with the original complaint although one was filed with a later amended complaint. When plaintiff sought to take defendant's deposition pursuant to rule 26, Federal Rules of Civil Procedure, defendant appeared for the examination but refused to be sworn. He was taken before the district court which directed that he be sworn, and he …

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