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Articles 6361 - 6390 of 12807
Full-Text Articles in Entire DC Network
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Michigan Law Review
Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright
Michigan Law Review
Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.
Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt
Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt
Michigan Law Review
State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.
Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.
Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.
Michigan Law Review
Petitioner, suspected of the murder of his parents, was subjected to intensive police interrogation culminating in a confession to a state-employed psychiatrist. Petitioner had been allowed only a small amount of sleep and was suffering from a sinus condition when he was introduced to the psychiatrist, who was represented as a general practitioner. The questioning of the psychiatrist, who was skilled in hypnosis, was a subtle blend of threats and promises of leniency. Within the next three and one-half hours petitioner also confessed to a police captain, a business associate, and two assistant state prosecutors. The confession to the psychiatrist …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 53, Issue 3 of Michigan Law Review
Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross
Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross
Michigan Law Review
In 1949, the last year for which accurate statistics are available, 390,567 persons were admitted to mental hospitals in the United States. Total annual cost of mental illness, including loss of earnings, has been estimated to be over a billion dollars a year. Although the problems involved in admission of the mentally ill patient to a hospital are usually thought of in terms of formal involuntary commitment proceedings, there is an increasing awareness of the desirability of provision for voluntary procedures which would encourage prompt and effective medical care. Voluntary admission is not a form of commitment, although it may …
Federal Procedure - Realignment Of Parties In Non-Diversity Case, David D. Dowd, Jr S.Ed.
Federal Procedure - Realignment Of Parties In Non-Diversity Case, David D. Dowd, Jr S.Ed.
Michigan Law Review
Plaintiff (S1), a surety for the subcontractor, brought an action against the subcontractor and the prime contractor to compel them to set off their respective counterclaims in order to diminish the liability of S1. The subcontractor had another surety (S2) on a different obligation arising out of the same construction job, and the prime contractor, uncertain where liability should be placed, impleaded S2. On S1's motion to vacate the impleader order, held, denied, and the court on its own motion directed realignment of the parties, ruling that the main issue was division of …
Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown
Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown
Michigan Law Review
Although provisions in a number of state constitutions limit the amount of debt a state may incur state legislatures frequently have attempted to circumvent such limitations. Recent decades have seen increased use of the "authority," set up by the legislature to accomplish a particular objective and given power to issue evidences of indebtedness to finance the objective, repayment to come from the revenues of the authority, with the declaration that the obligations of the authority are not those of the state. The enabling legislation has been challenged as unconstitutional, often on the ground that the obligations of the authority are …
Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck
Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck
Michigan Law Review
Plaintiff, a non-profit hospital service organization, furnished services to defendant, a member of the organization injured in an automobile accident. Defendant thereafter entered into a settlement with the third party whose negligence had caused the accident and executed a release which included the hospital bill. Plaintiff then filed a bill in equity against defendant and the third party, claiming that on common law principles of subrogation it was entitled to recover from defendant all sums received by the defendant in settlement for the hospital services and from the third party the cost of the hospital services made necessary by the …
The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.
The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.
Michigan Law Review
This comment is concerned with the examination of various methods of creating future interests in gas and oil and the effect of the rule against perpetuities on these interests.
Corporations - "Personal Interst" Of Directors In Corporate Transactions, Richard R. Dailey
Corporations - "Personal Interst" Of Directors In Corporate Transactions, Richard R. Dailey
Michigan Law Review
Serious dissension had developed between two factions of the seven member board of directors of defendant corporation. Group A, consisting of four members, represented a working majority of the outstanding stock recently acquired by a group of investors. Group B, consisting of three members, had constituted the active management of the corporation for a number of years. The resignation of group B was probable if group A continued to dominate the board. It was proposed that stock of the defendant be exchanged for stock in another corporation. Under the overall plan, group A was to resign and two …
Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed.
Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Defendant was subpoenaed in connection with a grand jury investigation of gambling and corruption of public officials. He had been retained by one 'Willie" Moretti as attorney for five of his associates in October, 1950 after a complaint charging a gambling conspiracy had been filed against them. During some two hundred conferences with Moretti in the following year, defendant learned that protection money was being paid to certain high ranking state officials, Moretti at one point complaining of the frequent demands of these officials for more· money. Moretti also discussed with defendant a visit he had paid to the home …
Brown: Digest Of Procedural Statutes And Court Rules: Pleading, Joinder, And Judgment Record, John W. Reed
Brown: Digest Of Procedural Statutes And Court Rules: Pleading, Joinder, And Judgment Record, John W. Reed
Michigan Law Review
A Review of Digest of Procedural Statutes and Court Rules: Pleading, Joinder, and Judgment Record . By Elizabeth Gaspar Brown
Labor Law - Legality Of A Temporary Lockout As A Countermeasure To A Strike, John F. Dodge, Jr. S.Ed.
Labor Law - Legality Of A Temporary Lockout As A Countermeasure To A Strike, John F. Dodge, Jr. S.Ed.
Michigan Law Review
After several months of unsuccessful negotiations on a new contract, a local union of truck drivers, affiliated with the A.F.L. Teamsters International Union, struck one of the members of a multi-employer bargaining association. The following day the remaining members of the association locked out their non-striking employees after advising the union that the action was the result of the union's strike against one member of the association, and that the employees who had been laid off would be recalled if the union withdrew its picket line and ended the strike. The union processed a complaint to the National Labor Relations …
Monthly Periodical Index, Michigan Law Review
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.
Labor Law - Improper Union Objective - Lawfulness Of Concerted Action To Prevent The Use Of Labor Saving Devices, John F. Dodge, Jr. S.Ed.
Labor Law - Improper Union Objective - Lawfulness Of Concerted Action To Prevent The Use Of Labor Saving Devices, John F. Dodge, Jr. S.Ed.
Michigan Law Review
Plaintiff, an association of painting contractors, brought an action to enjoin strike activities by organized painters who had struck to obtain a contract provision prohibiting the use of pan-rollers while on union jobs. The plaintiff contended that the newly developed method of applying paint with rollers is faster and results in no deterioration of the standards of the trade. The defendant local union maintained that the application of paint with rollers is injurious to the health and safety of painters and fails to furnish either the long-lasting or finely finished quality characteristic of brush painting. Held, that the application …
Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke
Michigan Law Review
Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial …
Federal Procedure - Venue In Third-Party Tort Actions Against The United States, Robert B. Olsen S.Ed.
Federal Procedure - Venue In Third-Party Tort Actions Against The United States, Robert B. Olsen S.Ed.
Michigan Law Review
Plaintiff sustained serious injuries when he was struck by a mail pouch thrown from defendant's moving train by a United States mail clerk. Action was was brought against the railroad in the District Court for the Western District of Oklahoma, whereupon the railroad filed a third-party complaint against the United States, alleging negligence on the part of the mail clerk. The United States moved for a dismissal on the ground that both plaintiffs residence and the situs of the injury were in the Eastern District of Oklahoma; since the venue provisions of Title 28, U.S.C. (1952) §1402(b) prescribe that tort …
Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld
Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld
Michigan Law Review
A physician certified plaintiff to be insane, when in fact she was sane; she was thereafter committed to a state sanitarium. Upon her release, she sued the physician for negligence in examination. Defendant's demurrer for failure to state a cause of action was sustained. On appeal, held, affirmed. Quoting almost the entirety of an analogous 1900 decision from the same jurisdiction, the court held that defendant had owed no duty to plaintiff. Because the administration of the law "should not be obstructed by the fears of physicians that they may render themselves liable to suit," certifying physicians "should be …
Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs
Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs
Michigan Law Review
Lightning killed an employee as he was carrying a shovel with a metal scoop over his shoulder while in the course of his employment. Expert testimony indicated that the risk from lightning was increased from a radius of twelve feet for a man six feet tall to a radius of fourteen feet for a man of the same height carrying a shovel. The Michigan Workmen's Compensation Commission granted an award. On appeal, held, reversed. Assuming that the employee was in greater danger by carrying the shovel, there also must be proof that this increased degree of risk caused the …
Conflict Of Laws - Penal Provisions In Foreign Law - Liability Of Shareholders In De Facto Corporation, James M. Potter S.Ed.
Conflict Of Laws - Penal Provisions In Foreign Law - Liability Of Shareholders In De Facto Corporation, James M. Potter S.Ed.
Michigan Law Review
Defendants, residents of Tennessee, while attempting to form a corporation under the laws of Arkansas, inadvertently failed to file the articles of incorporation with the county clerk, although they were filed with the Secretary of State of Arkansas. The resulting business association was an Arkansas de facto corporation. Under Arkansas law the shareholders of a de facto corporation are personally liable for the debts of the corporation. Plaintiff, a creditor who dealt with the corporation, sued in a Tennessee court and asked that the Arkansas rule be applied. The trial court refused to do so on the ground that it …
Impact Of The Commercial Code On Liability Of Parties To Negotiable Instruments In Michigan, Roy L. Steinheimer Jr.
Impact Of The Commercial Code On Liability Of Parties To Negotiable Instruments In Michigan, Roy L. Steinheimer Jr.
Michigan Law Review
Since the Uniform Commercial Code is now effective in Pennsylvania and is under active consideration by official bodies in other states, it seems appropriate to investigate in some detail the impacts which this proposed legislation would have upon the accumulated business, legislative and judicial understanding and experience in the commercial law area in a specific jurisdiction. As an illustration of the problems which will be faced by judges, lawyers and businessmen in any jurisdiction which adopts the code, the writer has chosen to analyze some impacts which the code would have on commercial law in Michigan. Space limitations make it …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 53, Issue 2 of Michigan Law Review
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Michigan Law Review
Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).
Released Time And Religious Liberty: A Further Reply, Paul G. Kauper
Released Time And Religious Liberty: A Further Reply, Paul G. Kauper
Michigan Law Review
In his "Reply" to the writer's review of his excellent book, Mr. Pfeffer has singled out the part of the review in which the writer discussed the released-time problem and the position taken by Mr. Pfeffer with respect thereto. To prolong the arguments over this matter in the pages of this Review would he unprofitable, hut the writer feels that a few comments on Mr. Pfeffer's reply would not he out of order.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Michigan Law Review
After there has been a contract to make a will it is often said that the promisor is a trustee of the property for the use of the promisee. This statement is usually offered as a reason for or an explanation of the relief granted in a particular case, without any indication as to how such a premise was arrived at and without any consideration of other possible results that might How from the designation of the relationship as a trust.
The Law School 1954-55, E. Blythe Stason
The Law School 1954-55, E. Blythe Stason
Michigan Law Review
Another school year has become a part of the record of history, and again I wish to take advantage of the pages of the Law Review for the purpose of reporting some of the principal items of interest that have arisen in connection with the program of the law school. In this year's report, after dealing with current matters of interest, I wish to speak especially concerning certain aspects of the future of legal education at Michigan.
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Evidence - Statutory Rape - Right Of Accused To Compulsory Blood Test Of Prosecutrix And Child, Edward Pastucha S.Ed.
Michigan Law Review
Defendant was convicted of statutory rape on the strength of complaining witness' uncorroborated testimony. Testimony of the prosecutrix was to the effect that she had had sexual relations with defendant only once, that she had become pregnant and had given birth to a child prior to the trial, and that she had had sexual relations with no other men. Defendant moved for an order requiring that blood tests be taken of the child and the mother. The motion was denied. On appeal, held, affirmed. Assuming power, absent statute, to compel the taking of blood-grouping tests, the trial court did …
Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed.
Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed.
Michigan Law Review
While it is universally recognized that definiteness in statutory standards is a condition prerequisite to the application of a statute, there is no agreement among either the courts or the writers as to the theory behind this requirement. However, common elements in each of the two prevalent theories indicate certain factors which may well be decisive on the question of definiteness in any given case. The purpose of this comment is to explore the practical implications of the interplay of these various factors and theories.