Digital Commons Network^™

Constitutional Law-Denaturalization Under The Immigration And Nationality Act Of 1952, Lois H. Hambro S.Ed

Michigan Law Review

On June 26th and 27th of 1952, the House of Representatives and the Senate, respectively, passed the Immigration and Nationality Act of 1952 over the President's veto. There are substantial differences between the denaturalization provisions of this new act and those of prior acts. Before this act, the denaturalization statute provided for the bringing of suits by the attorney general to revoke the judgment of naturalization and to cancel the certificate of naturalization on the ground of fraud or on the ground that naturalization had been illegally procured. The basic provision for denaturalization is now section 340, which provides for …

Evidence-Admissibility Of Expressions Of Pain And Suffering, Edgar A. Strause S.Ed

Michigan Law Review

Notwithstanding medical achievements, the human being has not yet been immunized from physical injury and the pain customarily attending such injury. This fact coupled with the ill-controlled fury of modem life has led to an enormous amount of personal injury litigation. Such litigation, with rare exceptions, presents an evidentiary feature of pain and suffering of the victim. Most often the problem arises where pain and suffering are an element of the damages, although it may likewise be involved in showing the nature or the extent of the physical injury.

A Decade Of Administrative Law: 1942-1951, Bernard Schwartz

Michigan Law Review

The past ten years have been particularly momentous ones in the development of American administrative law. It is, indeed, not too much to say that there are few, if any, aspects of that field which have not witnessed important changes during that time. It is for this reason that an analysis of administrative law developments during the past decade should prove useful. However valuable an annual survey of the law may be, it suffers from the shortness of the period which it covers. An analysis of developments during a decade enables a broader perspective to be obtained.

It will be …

Bills And Notes-Holders In Due Course-Receipt Of Stolen Instruments, David W. Belin

Michigan Law Review

In the course of employment by defendant, X handled large amounts of cash. To facilitate this work, plaintiff gave X access to its banking house, enabling X to steal $5,000 in paper currency. X used the money to repay a shortage in his accounts with defendant, placing the money in the treasury of defendant as a credit to himself and obtaining a receipt from defendant's cashier. Defendant had no knowledge of the theft. Plaintiff sued for the money, claiming defendant was unjustly enriched by the acts of X and had no right to the money. Defendant contended that the pre-existing …

Chattel Mortgages In Floor Financing-Validity Of Recorded Chattel Mortgage As Against Purchaser In Ordinary Course-Effect Of Certificate Of Title Act When Certificate Retained By Mortgage, Walter H. Weiner S.Ed

Michigan Law Review

Plaintiff, buyer of an automobile from a used-car dealer, brought suit against the dealer and a bank, to which the dealer had given a duly filed chattel mortgage covering the automobile, to have the mortgage declared invalid as to the automobile in question, and for specific enforcement of the promise by the dealer to deliver the certificate of title to the buyer. The mortgage contained a clause giving the dealer-mortgagor the right to sell automobiles mortgaged to the bank-mortgagee, but the bank retained possession of the certificate of title to the automobile. The Circuit Court in Chancery entered judgment for …

Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman

Michigan Law Review

The Food, Drug, and Cosmetic Act by section 301(f) prohibits a factory operator from refusing to permit entry and inspection as provided by section 704. Violation of section 301(f) is made a misdemeanor by section 303(a). Section 704 authorizes persons "duly designated by the Administrator, after first making request and obtaining permission of the . . . operator" of the factory, "to enter" and "to inspect" at "reasonable times." Defendant was convicted by the district court for violating section 301(f), having refused permission to authorized persons to enter and inspect at a reasonable time. The court of appeals reversed, on …

Constitutional Law-Relation Between State And Federal Governments, J. David Voss

Michigan Law Review

Plaintiffs, employees of a United States Naval Ordnance Plant located in an area of exclusive federal jurisdiction within the State of Kentucky, sued in a state court for a declaratory judgment that a license tax on the privilege of working in the City of Louisville, measured by a percentage of all salaries, wages and commissions earned within the city, was not applicable to them. Defendants' demurrer was overruled, and the collection of the tax enjoined. The Kentucky Court of Appeals reversed, and judgment was entered for the defendants. The court of appeals affirmed. On appeal to the United States Supreme …

Rights Accruing To A Husband Upon Marriage With Respect To The Property Of His Wife, James W. Day

Michigan Law Review

Attention is directed in this article to the principles of the common law and the features of the subsequent developments that are believed to be of greatest current value either because the particular doctrine still persists or because it aids in the evaluation of a precedent for use in a legal background that differs from that of the period or jurisdiction in which the decision was rendered.

Corporations-Power Of Legislature To Revive Corporate Charter, John S. Slavens S.Ed

Michigan Law Review

Defendant, a New York corporation, was engaged in operating steamboats for sightseeing purposes below Niagara Falls. Defendant was incorporated in 1892 for a term of fifty years, the maximum then permitted by statute. Through inadvertence the charter was not renewed in 1942. The corporation continued in its regular course of business, and in 1947 when the oversight was discovered, the board of directors, with the approval of three-fourths of the shareholders, immediately revived the corporation under a statutory provision enacted in 1944. Plaintiffs, shareholders of the corporation, claimed that application of the provision was an unconstitutional deprivation of their rights …

Evidence-Burden Of Proof, Duncan Noble S.Ed

Michigan Law Review

In 1945, plaintiff, a common carrier, accepted a shipment of automotive parts from an army depot, which shipment had been loaded and sealed by service personnel before delivery to plaintiff. The bill of lading clerk, as was his usual practice, issued a straight bill without personally checking the contents. In fact the contents were short of those indicated in the bill, as was discovered by plaintiff's employees when they checked the car immediately prior to forwarding. Plaintiff sued for the balance of the freight charge withheld by the United States to cover the shortage, the present opinion of the trial …

Federal Procedure-Applicability Of State Decisional Law Interpreting State Statutes Of Limitations Under Section 11 (E) Of The Bankruptcy Act, Charles E. Oldfather S.Ed

Michigan Law Review

Plaintiff is the trustee in bankruptcy of a Virginia corporation whose petition for reorganization under chapter X of the Bankruptcy Act was approved by a Virginia federal district court in 1942. Plaintiff filed this action in a New York federal district court under section 11 (e) of the Bankruptcy Act against defendant, the principal stockholder, and others for breach of fiduciary duty. The alleged breaches of duty occurred in 1927 and 1929. The defendant pleaded the New York statute of limitations and contended that it should be applied as interpreted by New York decisions, which hold that the statute begins …

Future Interests-Powers Of Appointment-Exclusive And Nonexclusive Powers And The Doctrine Of Illusory Appointments, John Houck S.Ed

Michigan Law Review

Testatrix, after making certain specific bequests, devised the residue of her estate to her son George for life. The will stated that upon the death of George, the property should pass to his widow and descendants, "provided, however, that [George] may devise his interest to his widow, his descendants or my descendants." The will further provided that if George should die leaving no widow or descendants, and without having made a testamentary disposition, the property was to pass one-half to George's brother and his descendants, and one-half to a sister. George died without having married and left a will which …

Constitutional Law-Equal Protection-Use Of Property And Poll Tax Lists For Selection Of Jurors, Alfred W. Blumrosen S.Ed

Michigan Law Review

Brown, a Negro, was convicted of a capital offense in Forsyth County, North Carolina. Having exhausted his state remedies, he petitioned the federal district court for a writ of habeas corpus alleging, inter alia, systematic discrimination against Negroes serving on grand and petit juries. This discrimination was claimed to result from the use of property and poll tax lists as sources from which to draw jury panels. The district court denied his petition and was affirmed by the court of appeals. On certiorari to the United States Supreme Court, held, affirmed. The use of property and poll tax lists …

Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge

Michigan Law Review

The negligence of a taxicab driver in backing his cab into plaintiff's automobile caused the bumpers of the two cars to lock. When plaintiff stepped out to inspect the situation, he was, without provocation, brutally beaten by the cab driver. Plaintiff recovered a judgment of $3,000 against the driver and the cab owner, and sought to garnishee the defendant, an insurance company which had issued to the cab owner a policy of automobile liability insurance. In 1946, when the assault occurred, the Illinois Motor Vehicle Law required the owner of a vehicle for the carriage of passengers for hire to …

Real Property-Torrens System-Preservation Of Equitable Easements, Paul Campbell

Michigan Law Review

Plaintiff sued to have certain lots declared free and clear of a restrictive covenant. The land was registered under a Torrens statute, but the restrictive covenant was not noted on the certificate of title. However, it was noted on a plat of the land which was referred to in the certificate of title for the purpose of identifying the location of the land. The lower court denied relief and enjoined violation of the restrictions. Held, reversed, plaintiff as a good faith purchaser for value of registered land, obtains the land free and clear of a restrictive covenant not noted …

Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed

Michigan Law Review

Defendant, president of a corporation which processes apples for shipment in interstate commerce, was convicted of violating §301(f) of the Food, Drug, and Cosmetic Act. That section prohibits "the refusal to permit entry oi inspection as authorized by section 704"; section 704 authorizes federal officers, "after first making request and obtaining permission of the owner, operator or custodian" of the factory "to enter" and "to inspect" the establishment "at reasonable times." Federal authorities requested permission to enter and inspect defendant's factory at reasonable hours, but permission was refused. This refusal was the basis of the conviction. The Court of Appeals …

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.

Torts-Libel And Slander, David D. Dowd, Jr.

Michigan Law Review

Plaintiff brought an action in slander alleging that defendant orally described him as a Communist during the course of a neighborhood argument. Plaintiff further asserted that when the defamatory words were spoken he held the position of an official in the United Financial Employees Union. Defendant moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Held, complaint dismissed with leave to amend. The court ruled that the averments were not sufficient to show special damage to the plaintiff, nor did they support an interpretation that the words …

Howe: Holmes-Laski Letters: The Correspondence Of Mr. Justice Holmes And Harold J. Laski, 1916-1935, John C. H. Wu

Michigan Law Review

A Review of HOLMES-LASKI LETTERS: THE CORRESPONDENCE OF MR. JUSTICE HOLMES AND HAROLD J. LASKI, 1916-1935. Edited by Mark DeWolfe Howe.

Obtaining The Gift Tax Exclusion On Gifts In Trust: Drafting And Legislative Suggestions, Zolman Cavitch

Michigan Law Review

The purposes of this article are to outline the "future interest" pitfalls in the use of various conventional trust provisions, to explore remedial drafting possibilities even under the present law, and to suggest a statutory amendment which will eliminate the fundamental defects of the present poorly-drafted law.

Negligence-Federal Employer's Liability Act-Extension Of The Safe Place To Work Doctrine, Charles E. Oldfather S.Ed.

Michigan Law Review

Plaintiff, a lumber inspector employed by the defendant railroad, was inspecting railroad ties on a dock owned by an independent lumber company. The employees of the lumber company had piled the ties so that the ends were either flush with or protruded over the edge of the dock. In order to inspect the ends, the plaintiff assumed a ''bent-over" position in which his right foot was on the edge of the dock, his left hand on the pile and his left foot suspended in the air. After losing his balance, he placed his left foot on the dock where it …

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.

Municipal Corporations-Expenditure Of Funds Accruing From Parking Meters, William A. Bain, Jr. S.Ed.

Michigan Law Review

Panama City proposed to issue bonds to finance the reconstruction, paving, and improvement of city streets. The bonds were to be secured by and payable from the revenue of the city's parking meters. A petition for validation of the bond issue was submitted and was refused. On appeal, held, affirmed. The city may not use the revenue from the parking meters to finance the reconstruction, paving and improvement of streets since this bears no reasonable relation to the regulation of parking and is therefore an illegal exercise of the police power. Panama City v. State, (Fla. 1952) 60 …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 55, Issue 5 of Michigan Law Review

That Pierced Veil-Friendly Stockholders And Enemy Corporations, Norman S. Fink

Michigan Law Review

Consider, if you will, the position of Mr. A, an ordinary resident of Suburbia, Long Island, New York, U.S.A., who on the advice of his stock broker that he has an opportunity to buy a "growth" stock, invests $5,000 in 100 shares of X company, organized under the laws of Switzerland. The World erupts into another tragic war and Mr. A receives peremptory demand from his government to turn over his shares to it. He learns that his investment gives aid and comfort to the enemy since X company, apparently a non-belligerent enterprise in a neutral country, is alleged …

Corporations-Standard Of Valuation Of Dissenters' Stock Under Appraisal Statutes, Richard P. Matsch S.Ed.

Michigan Law Review

It was a well established rule at common law that fundamental changes in the character of a corporate enterprise could be accomplished only with the consent of all of the stockholders. However, the growth and development of modem corporations necessitated abrogation of this rule of unanimity. As a result, state legislatures enacted statutes authorizing consolidations and mergers with the consent of only a prescribed majority of the shareholders. It was recognized that for business convenience, the majority group must have power to determine the future course of the corporation's business and yet the individual stockholder should not be forced to …

Advancements: I, Harold I. Elbert

Michigan Law Review

The purpose of this monograph is to consider the afore-mentioned topics and other questions inherent in the doctrine of advancements. Different interpretations in the various states will be discussed. The principal objectives of the work are to make a comparative study of advancement legislation and to state the law as it actually exists as a basis for determining whether it can be improved.

Real Property-Relation Of The Covenants For Title And The Doctrines Of Estoppel By Deed, James W. Callison S.Ed.

Michigan Law Review

The doctrine of estoppel by deed is familiar to all students of real property law. So, too, are the principles of law relating to covenants for title made by a grantor in connection with a conveyance of land. It is the purpose of this comment to discuss the relation between the two areas of law, with particular reference to two problems: (1) what effect does the estoppel doctrine have upon the recovery of damages by the grantee where there has been a breach of the covenant of seisin; and (2) conversely, what effect does recovery of substantial damages by the …

Corporations-Officers And Directors-Effect Of Statutes On Contracts Between Corporations With Common Directors, William K. Davenport S.Ed.

Michigan Law Review

Legislative policy-making on the subject of contracts between corporations having interlocking directorates has required a balancing of the interest of corporate enterprise in the flexibility of business relations against the interest of minority shareholders in protection against self-dealing by corporate managers.

Civil Procedure-Statute Of Limitations-Possibility Of Service Under Nonresident Motorist Service Act As Preventing Tolling Of Statute, James H. Loprete S.Ed.

Michigan Law Review

Plaintiffs, while riding as passengers in defendant's automobile, were injured in an accident in Iowa. Two of the four plaintiffs brought suit in Kansas against defendant, a citizen of Kansas, but their suits were dismissed upon the sustaining of demurrers. The four then sued defendant in Iowa, obtaining service upon him under the nonresident motorist service act Defendant pleaded the statute of limitations, and plaintiffs countered with the tolling statute. Issue was raised over the interpretation to be given the word "nonresident" in the tolling statute. Plaintiff contended it was to be given a literal interpretation, that is, that the …