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Michigan Law Review

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Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr. Apr 1955

Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr.

Michigan Law Review

The six states in this group present some very special cases. They range from an original colony to Florida and Texas, which were admitted to statehood in 1845. National rank in population varies from sixth (Texas) to twenty-sixth (Mississippi) with the average almost within the top one-third. As to increase of population, the mean is close to the national figure of fifteen percent. That statement needs qualification, however, since Florida increased 46 percent and Texas 20 percent, whereas Mississippi had an actual loss of two percent. No docket delay of more than six months is found anywhere except in Texas, …

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Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed. Apr 1955

Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.

Michigan Law Review

The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.

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Taxation - Federal Income Tax - Meals And Lodging Under The 1954 Code, John H. Mcdermott Apr 1955

Taxation - Federal Income Tax - Meals And Lodging Under The 1954 Code, John H. Mcdermott

Michigan Law Review

Before discussing the application of the 1954 Internal Revenue Code with regard to the taxability of meals and lodging furnished an employee by his employer, several fundamental tax concepts should be examined. The first of these involves the definition of gross income, which for many years has been cast in broad statutory language. For example, section 22(a) of the 1939 Internal Revenue Code provided that gross income includes " ... gains, profits, and income derived from salaries, wages, or compensation for personal service ... of whatever kind and in whatever form paid .... " Comprehensive as these terms appear, gross …

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Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed. Apr 1955

Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.

Michigan Law Review

The defendant purchased a car from a dealer who represented it to be a new demonstrator. In fact, the car was a used one. The defendant executed a negotiable note for the balance of the purchase price and a chattel mortgage on forms which were furnished the dealer by the plaintiff finance company. The dealer handled the paper, but the plaintiff was to finance the sale and the note was payable at the office of the plaintiff. Both the bill of sale and the chattel mortgage described the car as a new demonstrator. The note was indorsed in blank by …

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Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed. Apr 1955

Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.

Michigan Law Review

Defendant issued a liability insurance policy to the manufacturer of a hair-waving product, an Illinois subsidiary of a Delaware corporation having its headquarters in Massachusetts. The policy, issued in Massachusetts and delivered in Massachusetts and Illinois, was to protect the insured against damages that might be suffered by users of the product anywhere in the United States or Canada. It contained a "no action" clause enforceable under Massachusetts and Illinois law prohibiting direct actions against the insurer until final determination of the insured's liability, either by judgment or agreement. Alleging injuries sustained in Louisiana where the product was bought and …

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Corporations - Preference Rights On Dissolution, Robert B. Fiske, Jr. S.Ed. Apr 1955

Corporations - Preference Rights On Dissolution, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

The capital structure of the defendant corporation consisted of class A, class B, and preferred stock. According to the articles of association, the class A stock was entitled to a ten percent dividend before any dividend was paid on the class B. After the class B stock had also received a ten percent dividend, the two classes were to share equally in any further dividends. The charter further provided that on dissolution the holders of the class A stock were entitled to cash to the amount of the par value of their stock before any payment in …

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Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed. Apr 1955

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …

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Labor Law - Labor-Management Relations Act - Rights Of Replaced "Economic" Strikers Under Section 8 (A)(3), David R. Macdonald S.Ed. Apr 1955

Labor Law - Labor-Management Relations Act - Rights Of Replaced "Economic" Strikers Under Section 8 (A)(3), David R. Macdonald S.Ed.

Michigan Law Review

One hundred and seventy employees of the respondent, predominantly union members, engaged in an "economic'' strike. Thirty of them returned during the strike; the others were permanently replaced. After the strike had ceased, the union asked the respondent if it would take back the remaining strikers as soon as possible, to which the respondent replied that it would rehire them when it could. About 100 strikers then applied for employment and 73 were rehired. The remaining strikers caused a complaint to be filed, alleging discrimination in violation of section 8 (a) (3) of the amended National Labor Relations Act. The …

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Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed. Apr 1955

Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed.

Michigan Law Review

An act of the state legislature authorized the issuance of municipal bonds to finance off-street parking facilities. The city was authorized to pledge revenue from existing on-street parking facilities to service the bonds but was to retain the right to change the location of the parking meters and other on-street facilities for enumerated reasons so long as the change did not materially lessen the revenue to be derived from those facilities. Acting in pursuance of authority granted by the enabling act, the city covenanted to maintain its parking meters subject to the reservations required by the act. In an action …

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Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern Apr 1955

Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern

Michigan Law Review

Appellee and his co-worker attempted to lower a suspended scaffold on which they were standing, whereupon the scaffold gave way and the coworker fell to his death. Appellee suffered only slight bruises on his leg, but as a result of seeing his fellow employee fall to his death, he sustained severe fright and shock which resulted in a traumatic neurosis preventing him from engaging in the normal duties of his occupation. The lower court awarded appellee judgment for permanent partial disability under the Texas Workmen's Compensation Law. On appeal, held, reversed. Appellee's condition was a mental disease and compensable …

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Lore: How To Win A Tax Case, John J. Raymond Apr 1955

Lore: How To Win A Tax Case, John J. Raymond

Michigan Law Review

A Review of How to Win A Tax Case. By Martin M. Lore

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Beaney: The Right To Counsel In American Courts, William M. Kunstler Apr 1955

Beaney: The Right To Counsel In American Courts, William M. Kunstler

Michigan Law Review

A Review of The Right to Counsel in American Courts. By William M. Beaney

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Monthly Periodical Index, Michigan Law Review Apr 1955

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this Review.

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Criminal Law - Delay In Imposition Of Sentence As Destroying Jurisdiction Of Trial Court, M. Fred Mallender, Ii S.Ed. Mar 1955

Criminal Law - Delay In Imposition Of Sentence As Destroying Jurisdiction Of Trial Court, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Defendant was tried for burglary in April 1952. Before judgment was rendered, a petition for his commitment to the Indiana Village for Epileptics was granted, and the trial court entered judgment in July 1952 that it continue the matter under advisement so long as defendant remained in the Epileptic Village and complied with the rules and regulations. In September 1952 defendant escaped from the Epileptic Village and was later apprehended. He was brought to trial in April 1953. The court found that he had not complied with the judgment of July 1952, found him guilty as charged, and sentenced him …

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Taxation - Federal Income Taxation - Problems Created By The Complex Trust Provisions Of The 1954 Code, Harvey A. Howard S.Ed. Mar 1955

Taxation - Federal Income Taxation - Problems Created By The Complex Trust Provisions Of The 1954 Code, Harvey A. Howard S.Ed.

Michigan Law Review

This comment will not be expository of all of the trust provisions but rather will attempt to deal with some of the more important interpretative difficulties likely to be encountered in the new law involving the taxation of the income of those trusts which may accumulate income, distribute corpus, or pay or set aside amounts for charitable purposes. It will be assumed that the reader is familiar with the basic statutory pattern of the trust sections of the new code.

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Evidence - Presumptions - Continuting Life During Seven-Year Absence, Douglas Peck S.Ed. Mar 1955

Evidence - Presumptions - Continuting Life During Seven-Year Absence, Douglas Peck S.Ed.

Michigan Law Review

Deceased, a wage earner, disappeared on December 28, 1943, and was unreported for more than seven years. Evidence was conflicting as to whether he had suicidal tendencies. He was adjudged dead in December 1950 by probate court, and plaintiff, as administratrix, filed a claim for monthly social security benefits to which deceased would have been entitled for the period from December 1943 to December 1950. The referee made a finding that deceased died in December 1943. On appeal to the United States District Court from a decision of the Appeals Council of the Federal Security Agency affirming the referee's finding …

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Securities Regulation - Controlling Stockholders As "Issuers" Under The Securities Act Of 1933, Richard R. Dailey Mar 1955

Securities Regulation - Controlling Stockholders As "Issuers" Under The Securities Act Of 1933, Richard R. Dailey

Michigan Law Review

The Securities and Exchange Commission sought an injunction to restrain the corporate defendant, a brokerage company, and the individual defendant, its president and controlling stockholder, from selling stock in an oil company. At the time the stock was issued and sold, the individual defendant was also president and controlling stockholder of the oil company. No registration statement was in effect with reference to the stock,. which was sold through the mails in interstate commerce in violation of section 5 of the Securities Act of 1933. Section 5 of the act applies only to transactions by an "issuer, underwriter, or dealer." …

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Front Matter, Michigan Law Review Mar 1955

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 53, Issue 5 of Michigan Law Review

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Boundaries: Description V. Survey, Olin L. Browder, Jr. Mar 1955

Boundaries: Description V. Survey, Olin L. Browder, Jr.

Michigan Law Review

These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …

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Responsibilities In The Transfer Of Stock, Francis T. Christy Mar 1955

Responsibilities In The Transfer Of Stock, Francis T. Christy

Michigan Law Review

During the past few years there have been increasing efforts on the part of a number of organized groups to establish statutory definitions of the responsibilities of corporations and their transfer agents in the transfer of stock. Among these groups are the Commission on Uniform State Laws, which sponsored the Uniform Fiduciaries Act, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, which have jointly produced the new Uniform Commercial Code, the Committee on Simplification of Security Transfers of the Real Property, Probate and Trust Law Section of the American Bar Association, of which Committee …

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Taxation - Federal Income Tax - Corporate Accumulations, Stock Dividends And The "Preferred Stock Bail-Out," And Taxability Of The Corporation Upon The Distribution Of "Inventory Assets" Under The Internal Revenue Code Of 1954, Alice Austin S.Ed. Mar 1955

Taxation - Federal Income Tax - Corporate Accumulations, Stock Dividends And The "Preferred Stock Bail-Out," And Taxability Of The Corporation Upon The Distribution Of "Inventory Assets" Under The Internal Revenue Code Of 1954, Alice Austin S.Ed.

Michigan Law Review

It is the purpose of this discussion to indicate, with respect to corporate accumulations and distributions, some of the major interpretative problems existing under the 1939 code which Congress has failed to resolve, as well as some of the major interpretative difficulties which arise for the first time under the 1954 code.

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Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey Mar 1955

Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey

Michigan Law Review

Plaintiff's trade-mark, "Minute Maid," had been registered under the Lanham Act in 1952 and had been used in interstate commerce in connection with the sale of frozen fruit juice concentrates since that time. Defendant's trade-mark consisted in part of the words "Minute Made." Defendant used its mark wholly within the State of Florida in the processing and sale of frozen meat products. Both plaintiff and defendant were Florida corporations. In a suit for trade-mark infringement, jurisdiction of the federal district court depended. on the provisions of the Lanham Act. The complaint alleged damage to plaintiff's good will established in interstate …

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Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed. Mar 1955

Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.

Michigan Law Review

Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …

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Corporations - Reclassification Of Securities As A Purchase Under Section 16 (B) Of The Securities And Exchange Act, Eric E. Bergsten Mar 1955

Corporations - Reclassification Of Securities As A Purchase Under Section 16 (B) Of The Securities And Exchange Act, Eric E. Bergsten

Michigan Law Review

Plaintiff, a minority stockholder in the Old Town Corporation, brought action on behalf of the corporation to recover alleged "shortswing" profits made by defendants, who were officers, directors and large shareholders of Old Town, on the sale of 45.9 percent of the outstanding stock of the corporation. The corporation had, with the approval of 78 percent of the owners in interest, reclassified the 320,402 outstanding shares of $5 par common stock as 320,402 shares of $1 par common and 320,402 shares of 40¢ cumulative preferred stock of $7 par value. This reclassification was done for the frank purpose of increasing …

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Descent And Distribution - Intestate Succession From An Adopted Child - Who Aim His "Brothers And Sisters", Jack G. Armstrong Mar 1955

Descent And Distribution - Intestate Succession From An Adopted Child - Who Aim His "Brothers And Sisters", Jack G. Armstrong

Michigan Law Review

Decedent had never married and was predeceased by his natural and adopted parents. The California statute provided that in such a case his property would go to his brothers and sisters. Appellant, the natural daughter of decedent's adopted parents, contended that she was his sole heir under this statute, while respondent, decedent's natural brother, argued that the term ''brothers and sisters" meant blood relatives. The superior court applied the common meaning of the words brothers and sisters and held that appellant was not such a person. On appeal, held, reversed. Since the entire pattern of the California code indicates …

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International Law - The Abrogation Of Treaties By War, David R. Macdonald S.Ed. Mar 1955

International Law - The Abrogation Of Treaties By War, David R. Macdonald S.Ed.

Michigan Law Review

In 1923, the United States and Germany entered into a treaty, one provision of which exempted from taxation the government property of either nation situated in the territory of the other. From the outbreak of World War II in 1941 through 1948 the City and County of San Francisco levied real property taxes on the German Consulate, assuming that this treaty had been abrogated by the outbreak of hostilities between the two nations. The taxes were paid under protest, and the Attorney General, as successor to the Alien Property Custodian, sued and recovered them in the trial court. On appeal, …

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Labor Law - Labor-Management Relations Act - Effect Of Section 8(D) On The Right To Strike, Lawrence W. Sperling Mar 1955

Labor Law - Labor-Management Relations Act - Effect Of Section 8(D) On The Right To Strike, Lawrence W. Sperling

Michigan Law Review

A union gave notice of its desire to modify the existing collective bargaining agreement sixty days before the date when, according to the terms of the contract, modification would be allowed. Eight months later, but prior to the termination date of the contract, the union called a strike. After several weeks the employees returned to work but the employer refused to reinstate them on the ground that they had struck before the expiration date of the contract in contravention of section 8(d) of the amended National Labor Relations Act and had thereby lost their employees status. On petition to the …

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Municipal Corporations - Zoning - Amortization Of Existing Noncomforming Uses, James W. Beatty S.Ed. Mar 1955

Municipal Corporations - Zoning - Amortization Of Existing Noncomforming Uses, James W. Beatty S.Ed.

Michigan Law Review

ln 1930 defendant Gage acquired several lots in the City of Los Angeles. He constructed a residential building in which he established a wholesale and retail plumbing business, using one room as an office for the conduct of his business. Also used in the business were a garage and racks, bins, and stalls for the storage of materials and supplies. The use to which defendant put the property was permitted under the applicable zoning ordinance of 1930. Later the ordinance was changed so as to make defendant's use of both lots nonconforming. In 1946 another rezoning ordinance provided that the …

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Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke Mar 1955

Negligence - Res Ipsa Loquitur - Application To Multiple Defendants In The Alternative, Edward H. Hoenicke

Michigan Law Review

Appellant, a minor, was injured by the explosion of an "aerial bomb" which he found on a county fair ground. Two of the defendants admitted having brought aerial bombs to the fair but each entered evidence which if believed would show that he had not left the article which injured the appellant. These two defendants were completely independent of each other and it was admitted that both could not be responsible for the injury to the child. The lower court instructed the jury that if they could not determine which of the two defendants was actionably negligent, they were compelled …

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Smith: James Duane Doty - Frontier Promoter, William Wirt Blume Mar 1955

Smith: James Duane Doty - Frontier Promoter, William Wirt Blume

Michigan Law Review

A Review of James Duane Doty - Frontier Promoter . By Alice Elizabeth Smith

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