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Restraints On Alienation Of Legal Interests In Michigan Property: Ii, William F. Fratcher

Michigan Law Review

"Estate for life" is a generic term embracing interests in land of several types. The duration of such an estate may be measured by the life of the tenant himself, by the life of some other person, by the joint lives of a group of persons (i.e., the life of the member of the group who first dies), or by the life of the survivor of a group of persons. In the last two cases the tenant himself may or may not be a member of the group. When the duration of the estate is measured by the life of …

Citizenship-Expatriation-Distinction Between Naturalized And Natural Born Citizens, Gordon I. Ginsberg S.Ed.

Michigan Law Review

Plaintiff's father, a native of Germany, was naturalized in the United States in 1896. In 1901, he returned to Germany with his American wife, and plaintiff was born in that country in 1905. Plaintiff made occasional visits to the United States, but was at all times domiciled in Germany. He served in the German army during World War II. In 1947, upon refusal of his application for a passport as a citizen of the United States, he came to this country on a temporary visa and brought a declaratory judgment action for adjudication that he was a citizen. The trial …

Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause

Michigan Law Review

The defendant was in the unlawful possession of narcotics. Having been given a key by his two aunts to their hotel room with authority to use the room at will, defendant stored the narcotics there without the knowledge of the occupants. A federal officer entered the hotel room, searched the room, and seized the narcotics during the absence of the occupants, without a search warrant. The defendant was arrested the following day and claimed ownership of the seized narcotics. He was convicted in the District Court of the District of Columbia for violation of federal law, the court refusing to …

Hospitalizing The Mentally Ill, Henry Weihofen

Michigan Law Review

It is hard for lawyers and doctors to see eye to eye on the fundamental problem of how to eliminate needless legalistic formality in hospitalization procedures and at the same time maintain adequate legal safeguards against error and abuse.

Lawyers are inclined to emphasize the need to guard against "railroading" sane persons into institutions without giving them a chance to prove their sanity. They therefore stress the importance of a fair trial, with adequate notice and a chance to be heard before being deprived of one's liberty. As a special committee of the American Bar Association said a few years …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 50, Issue 6 of Michigan Law Review

Federal Procedure-Removal Of Causes-Meaning Of "Receipt By Defendant" When Service Is On A Nonresident Motorist, Gordon I. Ginsberg S.Ed.

Michigan Law Review

As a result of an automobile accident in Missouri, the plaintiff, a resident of Missouri, brought a damage action in Missouri against the defendant, a resident of Illinois. Service was had on the defendant by serving the Secretary of State of Missouri and sending notice by registered mail to the defendant, pursuant to the Missouri nonresident motorist statute. Service was received by the Secretary of State on January 13, 1951, and notice was received by the defendant on January 20, 1951. The defendant removed the cause to the federal district court on February 9, 1951. The plaintiff moved to remand …

Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston

Michigan Law Review

Husband sued for divorce alleging that wife drank excessively and humiliated him in public by her conduct, and that she continually made false and profane accusations designed to make his life unbearable. As proof of the latter charge, plaintiff was allowed to introduce in evidence a wire recording of conversations between plaintiff and defendant in their bedroom. Plaintiff's son by a previous marriage had, by prearrangement with plaintiff, installed in their bedroom a microphone connected to a wire-recorder in the son's adjoining bedroom, with which recordings were made of four separate conversations between plaintiff and defendant. The recordings substantiated plaintiff's …

Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport

Michigan Law Review

Until a competing radio station appeared on the scene in 1948, defendant newspaper was the only medium for mass advertising available in the Lorain, Ohio area. In an effort to regain its monopoly position and eliminate the radio station as a competitor, defendant inaugurated a policy of refusing to accept custom from advertisers who employed the services of its rival. Both the newspaper and the radio station received news dispatches, advertising copy, payments, and other materials from sources outside Ohio, but neither had any appreciable audience beyond the borders of the state. In a civil action brought by the United …

Regulation Of Business--Robinson-Patman Act--Defenses Of In Pari Delicto And Changed Market Conditions, William K. Davenport

Michigan Law Review

A group of businessmen in Santa Rosa, New Mexico, organized a boycott against all bread except that baked by plaintiff, the sole baker in Santa Rosa, to induce him not to move his bakery out of town; plaintiff agreed to this plan. Defendant, who sold in interstate commerce, thereupon halved his bread prices in Santa Rosa while maintaining them in other towns, in order to defeat the boycott and preserve the town as a market. Plaintiff brought an action for treble damages under section 2(a) of the Robinson-Patman Act for injuries suffered from this price discrimination. The federal district court …

Federal Procedure-Jurisdiction-Removal Under Section 1441(C) Of Title 28 By Nonresident Defendant Where Joint Torts Cause A Single Injury, Wilber M. Brucker, Jr. S.Ed.

Michigan Law Review

Plaintiff, a citizen of Utah, brought a joint action for damages in a state court of Utah against Powell, also a citizen of Utah, and the Denver & Rio Grande Western Railroad Company, a Delaware corporation. Plaintiff alleged both an assault and battery by Powell in the depot of the railroad company, and negligence of the railroad company in failing to take action to prevent or arrest this assault. The railroad company had the entire action removed to the federal district court under section 1441(c) of the Judicial Code. Upon motion of the railroad company, the claim against it was …

Fiduciary Administration-Executors And Administrators-Death Of Widow As Affecting Amount Of Her Allowance, Warren K. Urbom

Michigan Law Review

A widow survived her husband by three months and thirteen days. Subsequent to the death of both, appraisers of the husband's estate set off to his widow $750 as her year's allowance. Executrix of the widow's estate filed an exception to the allowance and made application to increase the amount on the ground that the sum given would have been insufficient if the widow had lived the full year. Granting the application, the probate court found that a reasonable allowance based on twelve months would be $5000, The court of appeals reversed, holding that the allowance should be based on …

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.

Personal Property-Tenancy By The Entirety In United States Series "E" Savings Bonds, William E. Beringer

Michigan Law Review

A trustee in bankruptcy petitioned the referee to order a bank to tum over certain United States Series ''E" Savings Bonds as assets of the bankrupt's estate. The bonds were payable to the bankrupt "or" his wife and had been pledged to the bank by the bankrupt, with his wife's consent, as collateral for a personal loan. The referee denied the petition. On appeal, held, affirmed. Since the bonds were payable to persons who were husband and wife, a tenancy by the entirety was created, with each tenant holding an interest in the whole of the bond property. Neither …

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.

Insurance-Interpretation Of "Accidental Means" In Double Indemnity Clause, David W. Rowlinson S.Ed.

Michigan Law Review

Insured engaged in a game called "Russian Roulette" in which he removed all but one cartridge from the cylinder of a revolver, spun the cylinder, placed the revolver to his head without ascertaining the position of the cartridge, and pulled the trigger. The revolver fired, killing the insured. The beneficiary of a life insurance policy on his life brought the present action to recover under a provision providing double indemnity for death effected solely through external, violent, and accidental means. The trial court directed a verdict for the insurance company. On appeal, held, affirmed. Such reckless abandon and exposure …

Taxation-Federal Income Tax-Sale Of Goodwill Treated As Sale Of A Capital Asset, David F. Ulmer S.Ed.

Michigan Law Review

Plaintiffs were partners in a wholesale produce business which was well established and had a large goodwill value in the area. Plaintiffs sold the whole business, including goodwill, to another produce dealer, with a specific portion of the sale price being allocated to the sale of the goodwill. Included in the sale contract was an agreement by the sellers not to compete with the purchaser for a certain number of years, but it was understood by the parties that none of the sale price was given in consideration of this agreement. Plaintiffs returned the amount received from the sale of …

Real Property-Landlord And Tenant-Transfer By Lessee As Sublease, Not Assignment, John S. Slavens

Michigan Law Review

X leased lands to plaintiff for a term of years, with a provision that if property truces were assessed against the property in excess of a certain amount, plaintiff would pay X a certain proportion of the excess amount as additional rent. Plaintiff then transferred his remaining term to defendant "subject to the terms" of the overlying lease. In addition, the sublease provided for a right to cancel the sublease if defendant failed to restore in case of fire or in the event of taking by eminent domain. Subsequent to the sublease, the tax assessments exceeded the amount stipulated in …

Lenin, Stuchka, Reisner, Pashukanis, Stalin, Vyshinsky, Yudin, Golunskii, Strogovich, And Trainin: Soviet Legal Philosophy, S. I. Shuman

Michigan Law Review

A Review of SOVIET LEGAL PHILOSOPHY. By V. I. Lenin, P. I. Stuchka, M. A. Reisner, E. B. Pashukanis, J. V. Stalin, A.Y. Vyshinsky, P. Yudin, S. A. Golunskii, M. S. Strogovich, and I. P. Trainin. Translated by H. H. Babb. Introduction by J. N. Hazard.

Civil Procedure-Jurisdiction-Commission Of Isolated Tort By Foreign Corporation As "Doing Business" Within The State, W. H. Bates S.Ed.

Michigan Law Review

Plaintiff, a Vermont resident, brought action for damages in the Vermont court, alleging negligence of defendant in re-roofing plaintiff's house located in that state. Defendant, a Massachusetts corporation, had not qualified to do business in Vermont, nor had it appointed an agent to receive service therein. There was no evidence to indicate that defendant was actively engaged in business there. Substituted service was made upon defendant through the Secretary of State of Vermont as authorized by a statute. The statute stipulated that the term "doing business" included those instances in which a foreign corporation made a contract in Vermont with …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 50, Issue 5 of Michigan Law Review

Promissory Estoppel: Principle From Precedents: I, Benjamin F. Boyer

Michigan Law Review

The doctrine of promissory estoppel is an outstanding modem example of the way in which the Anglo-American legal system develops significant rules and principles out of the day-to-day decisions of our courts.

Progress in the law comes about through the formulation and acceptance of generalizations. However, merely stating the results of a number of different instances does not result in clarification and simplification. That comes only when the precedents are studied with a view to discovering the ''binding thread of principle that runs through them all." Such a principle, if discovered in the course of the appraisal of a series …

Discipline Of Judges, Frederic M. Miller

Michigan Law Review

In most of the states, judges of the appellate courts and of the trial courts of general jurisdiction are subject to discipline or removal from office by impeachment at the hands of the legislature, pursuant to constitutional provisions analogous to those applicable to the Federal Judiciary. Such proceedings are seldom instituted. The survey indicates that, during the 20 year period from 1928 to 1948, only three impeachment proceedings were prosecuted and in all three the defense prevailed.

Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher

Michigan Law Review

During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …

Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review

Michigan Law Review

The fifth series of Thomas M. Cooley Lectures will be given on April 15, 16, and 17 at 4:15 p.m. in Room 120, Hutchins Hall, University of Michigan Law School. The lecturer will be Professor Hessel E. Yntema of the University of Michigan Law School faculty. He will speak on the general subject, "Perspectives in Conflicts Law."

Corporations-Majority Shareholder's Fraud In The Purchase Of Stock, Thomas P. Segerson S.Ed.

Michigan Law Review

Whether or not there has been fraud in the purchase of property, due to either affirmative statements or mere non-disclosure, may well depend upon the relation of the purchaser to the vendor. The recent case of Speed v. Transamerica Corporation presents two questions relative to this problem in the purchase of corporation shares: first, whether the price quoted in an offer to purchase can ever be the basis of an action for fraud and deceit; and second, whether the majority shareholder of a corporation occupies a fiduciary relation to minority shareholders in the purchase of their stock. Defendant was the …

Wills-Undue Influence, Wendell B. Will S.Ed.

Michigan Law Review

The right to dispose of one's property at death is one of the more important rights attaching to the ownership of property. Undoubtedly the philosophy behind will statutes is that the presumptive heirs of a man have no claims upon his property and that a testator may do with his property as he pleases within other rules of law. There is more to protecting this right than merely giving effect to a paper presented as the testator's will. The courts must carefully scrutinize this paper to be sure that it actually represents the will of this testator. One of the …

Agency-Imputation Of Agent's Knowledge To Principal-Insurance Contracts, Robert B. Krueger S.Ed.

Michigan Law Review

Defendant insurance company's soliciting agent falsified applicant's warranted answers to material questions in an application for automobile casualty insurance. The applicant signed, not knowing of the nature of the answers. On the basis of these answers, defendant issued a casualty policy on applicant's automobile, containing a clause prohibiting waiver or estoppel as to any of the terms of the contract because of the agent's knowledge. As a result of a subsequent accident, plaintiffs recovered judgments against applicant which applicant failed to satisfy. In an action by plaintiffs against defendant, on supplemental petition, defendant admitted recovery against applicant, but claimed no …

Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof

Michigan Law Review

In its efforts to combat gasoline price wars and the fraud that allegedly accompanied them, the City of Pontiac enacted an ordinance designed to restrict the scope of gasoline advertising. It provided that: "No sign or placard stating the price or prices of gasoline other than such signs or placards as hereinabove provided [signs not larger than 12 by 12 inches attached to pumps] shall be posted or maintained on the premises on which said gasoline is sold or offered for sale." Defendant retailed gasoline; by combining hauling and retailing into one operation, savings of about four cents a gallon …

Constitutional Law-Executive Powers-Right To Remove Executive Employees Without Judicial Trial, William E. Beringer

Michigan Law Review

Plaintiff was reinstated in the classified civil service of the federal government on the condition that removal might be ordered if, "on all the evidence, reasonable grounds exist for belief that the [plaintiff] is disloyal to the Government of the United States." Such evidence having allegedly been uncovered, dismissal followed, with a ban against federal employment for three years. The specific grounds for suspicion were never revealed to plaintiff, and no opportunity was ever afforded to confront, cross-examine, or learn the identity of those who had informed against her. Plaintiff sought an order of reinstatement in the federal district court, …

Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.

Michigan Law Review

Defendant suffered a single, sudden attack of dizziness or unconsciousness. He was warned by a physician, diagnosing his condition as Meniere's Syndrome, that he might at any time, without warning, suffer another such attack. Defendant worked for a year and three months without a recurrence. Then defendant ''blacked out" while driving alone and his automobile crashed into another, causing the death of its driver. The trial judge convicted for statutory negligent homicide. On appeal, held, affirmed. Defendant's driving on a through state highway with knowledge that he might become disabled without warning met the statutory criterion of driving "carelessly …