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Michigan Law Review

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Probate-Recent Statutes-"Streamlining'' The Administration Of Small Estates, Joseph Gricar S.Ed. Nov 1950

Probate-Recent Statutes-"Streamlining'' The Administration Of Small Estates, Joseph Gricar S.Ed.

Michigan Law Review

One by-product of the research leading to the drafting of the Model Probate Code is a monograph by Professor Paul E. Basye which contains a complete survey of the statutes which simplify or eliminate the regular administration of estates. One portion of the monograph is devoted to statutes which provide methods for the administration of small estates. Since the publication of the monograph, there have been a number of statutes enacted which continue· the trend toward a "streamlined" administration of small estates; with these recent statutes this comment is concerned. Statutes which simplify or eliminate administration but which are not …


Appeal And Error-Significance Of Denial Of Certiorari As Precedent By United States Supreme Court, Edward W. Rothe S.Ed. Nov 1950

Appeal And Error-Significance Of Denial Of Certiorari As Precedent By United States Supreme Court, Edward W. Rothe S.Ed.

Michigan Law Review

Respondents were found guilty of contempt of court for broadcasting dispatches concerning a person about to be tried on a charge of murder. The convictions were reversed on constitutional grounds by the Court of Appeals of Maryland, relying upon certain decisions of the United States Supreme Court. The state sought a writ of certiorari on the ground that the Maryland court had misconceived the rulings of the Supreme Court. Although the application for certiorari was denied, Justice Frankfurter took occasion to write an opinion stating that the denial of the writ meant only that fewer than four members of the …


Attorneys At Law-Substitution Of Attorneys-Protection Of The Attorney's Right To Compensation, G. B. Myers S.Ed. Nov 1950

Attorneys At Law-Substitution Of Attorneys-Protection Of The Attorney's Right To Compensation, G. B. Myers S.Ed.

Michigan Law Review

Plaintiff employed an attorney on a contingent fee basis. After the suit had been begun, but before trial, plaintiff moved to dismiss and to substitute attorneys so that he might bring the action in another state. The attorney objected, claiming that the court should secure him in his right to one-third of the recovery. Plaintiff contended that the attorney was only entitled to the reasonable value of his services. On argument to the court, held, for plaintiff. When the employment is upon a contingent fee basis the attorney discharged without cause has a right only to the reasonable value …


Bills And Notes-The Meaning Of "Next Business Day", Richard B. Gushée S.Ed. Nov 1950

Bills And Notes-The Meaning Of "Next Business Day", Richard B. Gushée S.Ed.

Michigan Law Review

Two checks, payable to the plaintiff, were forwarded to the defendant drawee for payment on February 13, 1949. After the close of banking hours on February 14, the defendant telegraphed the presenting bank advising that it would not pay the checks. The applicable Illinois statute allowed banks until the end of the "next business day" following the day of presentation to decide whether or not they would pay checks. The plaintiff argued that "business" qualified "day" and that defendant therefore should have indicated its decision within business hours on the day following the day of presentation, and that since it …


International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed. Nov 1950

International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.

Michigan Law Review

Diplomatic officers are immune from the criminal jurisdiction of the receiving state under well-recognized principles of customary international law, which principles are said to be a part of the law of the United States. As international organizations developed, certain privileges and immunities were given to their personnel by treaties or agreements and it appeared that by common consent of the family of nations their right to immunities might also come to be recognized as a principle of the law of nations. As yet the United States has not recognized such a principle and jurisdictional immunity here must still be provided …


Constitutional Law-Fourth Amendment-Search Without A Warrant Incident To Arrest, G. B. Myers S.Ed. Nov 1950

Constitutional Law-Fourth Amendment-Search Without A Warrant Incident To Arrest, G. B. Myers S.Ed.

Michigan Law Review

Respondent was convicted of selling and of possessing and concealing forged and altered stamps of the United States with intent to defraud. The primary evidence of "possessing and concealing" consisted of numerous forged and altered stamps taken from respondent's one room office by Federal officers immediately after his arrest. The stamps were the product of a one and one-half hour search of the desk, safe and file cabinets in the office. The officers, though without a search warrant for the premises, made the arrest pursuant to a valid warrant. Respondent protested the search, and this protest was renewed by motions …


Discovery-Disclosure Of Trade Secrets In Tort Action, Cleaveland J. Rice S.Ed. Nov 1950

Discovery-Disclosure Of Trade Secrets In Tort Action, Cleaveland J. Rice S.Ed.

Michigan Law Review

Prior to trial of suit to recover damages for hand infection alleged to have been caused by the use of defendant's washing compound, plaintiff filed interrogatories requesting the ingredients and proportions used in the compound. Defendant's offer to divulge its secret formula to the court in confidence until the plaintiff should make a prima facie case was ruled upon adversely by the court. Defendant thereupon suffered the statutory penalty of default rather than disclose the secret. Held, default judgment affirmed. In this instance trade secrets were not privileged, and there was no abuse of discretion in the trial court's …


Federal Courts-Removal Jurisdiction-Counterclaim As The Sole Basis For Removal, Paul M. D. Harrison S.Ed. Nov 1950

Federal Courts-Removal Jurisdiction-Counterclaim As The Sole Basis For Removal, Paul M. D. Harrison S.Ed.

Michigan Law Review

Plaintiff brought an action for damages in a state court Defendant filed pleas to the declaration, and also filed a counterclaim arising out of the same cause of action. On this date defendant also filed a motion with the Federal District Court asking removal of the case based solely upon his counterclaim. On plaintiff's motion, held, case remanded to the state court. Defendant has no right under the United States Judicial Code to have a case removed from the state court to the federal court when his motion is based upon his own counterclaim. Collins v. Faucett, (D.C. …


Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed. Nov 1950

Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed.

Michigan Law Review

Petitioner, General Secretary of the Communist Party in the United States, was convicted of contempt of Congress after he failed to obey a subpoena of the Committee on Un-American Activities of the House of Representatives. At the trial counsel for the petitioner during voir dire examination inquired as to the employment of each prospective juror, and challenged all Government employees for cause. Counsel argued that because of the "Loyalty Order" and other security investigations taking place in Washington, Government employees would be afraid to risk the possible consequences of an acquittal and were therefore subject to implied bias. The challenge …


Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed. Nov 1950

Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.

Michigan Law Review

Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …


Future Interests-Inter Vivos Application Of Worthier Title Doctrine- Destruction Of The Doctor V. Hughes Rule, Daniel A. Isaacson S.Ed. Nov 1950

Future Interests-Inter Vivos Application Of Worthier Title Doctrine- Destruction Of The Doctor V. Hughes Rule, Daniel A. Isaacson S.Ed.

Michigan Law Review

In one case, settlor executed an instrument whereby certain property was conveyed to trustees to pay the income therefrom to settlor during her life and upon her death to convey the principal of the trust estate to such persons as she should appoint in her will, or, in default of appointment, to her next of kin as in intestacy. In addition, settlor reserved to herself the right and power to approve and join in the execution of any conveyance or mortgage of the property. After the settlor died without having exercised the power of appointment, her four children applied as …


Labor Law--Arbitration--Management's Disciplinary Authority On Union's Breach Of A No-Strike Covenant, Jean Engstrom S.Ed. Nov 1950

Labor Law--Arbitration--Management's Disciplinary Authority On Union's Breach Of A No-Strike Covenant, Jean Engstrom S.Ed.

Michigan Law Review

A demonstration protesting the proper discharge of two union officials resulted in the discharge of ninety-six participating employees. The following day the company commuted the penalty to a two-week suspension. The effective collective bargaining agreement provided that there should be no strikes or lockouts "for any reason" unless the grievance and arbitration procedure had been exhausted but it reserved the employer's right to discharge for breach of the agreement. The arbitration board awarded employees back pay for the time of suspension and seniority and other rights incident to employment for the entire period. Although the employee had violated the no-strike …


Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed. Nov 1950

Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.

Michigan Law Review

Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …


Libel And Slander-Necessity For Allegation Of Special Damages For Defamation Not Shown Libelous Per Se, John J. Gaskell S.Ed. Nov 1950

Libel And Slander-Necessity For Allegation Of Special Damages For Defamation Not Shown Libelous Per Se, John J. Gaskell S.Ed.

Michigan Law Review

Defendants, the deacons, pastor, and clerk of the Gallatin Baptist Church, published to the church membership a letter to the plaintiff, an ordained minister of the Baptist Church, and a member of the Gallatin Church, requiring him to report and show cause why the hand of fellowship should not be withdrawn from him because of heresy. The plaintiff's complaint for libel set out the letter published, but a motion to dismiss for failure to state a cause of action was sustained by the circuit court on the grounds that there was no allegation of special damages to the plaintiff. On …


Negligence-Charities-Immunity From Tort Liability, Jean Engstrom S.Ed. Nov 1950

Negligence-Charities-Immunity From Tort Liability, Jean Engstrom S.Ed.

Michigan Law Review

When leaving a church service, plaintiff fell on ice that had formed as a result of poor drainage facilities on the public sidewalk outside defendant's church building. An action was brought based on negligence and the maintenance of a public nuisance. Defendant's answer claimed a right as a privately conducted charity to immunity from tort liability. Plaintiff demurred, the demurrer was overruled, and the case was transferred to the Supreme Court for a decision on that issue. Held, decree overruling the demurrer reversed. Charitable institutions are not entitled to immunity from tort liability. Foster v. Roman Catholic Diocese of …


Restitution-Constructive Trust On Recission For Fraud Will Not Displace Lien For Repairs On Vessel, William H. Yager Nov 1950

Restitution-Constructive Trust On Recission For Fraud Will Not Displace Lien For Repairs On Vessel, William H. Yager

Michigan Law Review

The Maryland Dry Dock Company sued to enforce its statutory maritime lien for converting a cargo vessel owned by the Republic Steamship Corporation into a passenger ship, and the International Refugee Organization contested the action on the ground that the money used to purchase the vessel was obtained by Republic from IRO by fraud. IRO argued that Republic did not have authority to bind the vessel because the vessel was impressed with a constructive trust in IRO's favor, and that if Republic did have authority the trust took preference over the lien. Held, a constructive trust on rescission for …


Wills-Pretermitted Heir Statutes-Need To State Parent-Child Relationship In The Will., Nancy J. Ringland S.Ed. Nov 1950

Wills-Pretermitted Heir Statutes-Need To State Parent-Child Relationship In The Will., Nancy J. Ringland S.Ed.

Michigan Law Review

Plaintiff alleged that she was an adopted daughter of testator, and, by reason thereof, claimed to be a pretermitted heir, under a statute providing that if any person make his last will and die, leaving a child not named or provided for in such will, testator in so far as regards such child shall be deemed to die intestate, and such child shall be entitled to such proportion of the estate of the testator as if he had died intestate. Plaintiff's claim was based on two provisions in the will. In the first, the testator declared that he had had …


Jensen: Cooperative Corporate Association Law-1950, William S. Barnes Nov 1950

Jensen: Cooperative Corporate Association Law-1950, William S. Barnes

Michigan Law Review

A review of COOPERATIVE CORPORATE ASSOCIATION LAW-1950. By A. Ladru Jensen and others.


Lieberman: Unions Before The Bar, Michigan Law Review Nov 1950

Lieberman: Unions Before The Bar, Michigan Law Review

Michigan Law Review

A review of UNIONS BEFORE THE BAR. By Elias Lieberman.


Notes, Michigan Law Review Nov 1950

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.


Monthly Periodical Index, Michigan Law Review Nov 1950

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.


Contracts-Measure Of Damages-Life Insurance Contract, Howard Van Antwerp Jun 1950

Contracts-Measure Of Damages-Life Insurance Contract, Howard Van Antwerp

Michigan Law Review

When the plaintiff was expelled from defendant Brotherhood an insurance policy issued to the plaintiff by the defendant was canceled and the cash surrender value paid to him in accordance with the terms of his policy. The directors of the Brotherhood later decided that this expulsion had been wrongful, whereupon the plaintiff returned the cash surrender value of the policy and demanded the return of all premiums paid. When this demand was refused, the plaintiff sued to recover damages for wrongful cancellation of his policy. The trial court instructed the jury to return a verdict for the premiums paid with …


Taxation-Income Tax-Corporation Not Taxable On A Sale Of Property By Stockholders Following Genuine Liquidation Distribution, R. Lawrence Storms S.Ed. Jun 1950

Taxation-Income Tax-Corporation Not Taxable On A Sale Of Property By Stockholders Following Genuine Liquidation Distribution, R. Lawrence Storms S.Ed.

Michigan Law Review

The stockholders of a closely held electric utility corporation offered to sell all the corporate stock to a cooperative competitor. The cooperative countered with an offer to buy a part of the corporation's physical assets. Hoping to avoid a heavy corporate capital gains tax, the stockholders caused the corporation to distribute to them in partial liquidation the property in question, and then executed the previously contemplated sale themselves. The commissioner assessed and collected a capital gains tax from the corporation which then sued and recovered the amount of the tax in the court of claims. On appeal, held, affirmed. …


Freund: On Understanding The Supreme Court., Michigan Law Review Jun 1950

Freund: On Understanding The Supreme Court., Michigan Law Review

Michigan Law Review

A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.


Front Matter, Michigan Law Review Jun 1950

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 48, Issue 8 of Michigan Law Review/em>


Soviet Socialism And Due Process Of Law, John N. Hazard Jun 1950

Soviet Socialism And Due Process Of Law, John N. Hazard

Michigan Law Review

An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …


The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith Jun 1950

The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith

Michigan Law Review

The Committee on Ministers' Powers defined delegated legislation as the "exercise by a subordinate authority, such as a Minister, of the legislative power delegated to him by Parliament." This definition followed logically from the terms of reference which required the Committee to report "what safeguards are desirable or necessary to secure the constitutional principles of the sovereignty of Parliament and the supremacy of the Law."' Behind these two statements lie certain assumptions which coloured the Report of the Committee and influenced its recommendations. One of these assumptions is that Ministers of the Crown are "subordinate" to Parliament so that any …


Faces On The Court House Steps, A. F. Neumann Jun 1950

Faces On The Court House Steps, A. F. Neumann

Michigan Law Review

Judge Frank may one day write a book which it will be possible to take or leave, but I doubt it. Few writers, with his ability and insight in the field of administration of justice, I suppose, succeed in evoking in their readers the spirited reactions that his writings produce. This is the highest praise that any reader can bestow-even though his reaction be a spirited disagreement.

In his most recent book, Courts on Trial, he has attempted to· destroy what he calls "myths" in legal thinking describing the fact-finding process just as he did for the rule determination …


Administrative Law-Federal Administrative Procedure Act-The Supreme Court Gives The Act Its First Interpretation, Fred W. Freeman S.Ed. Jun 1950

Administrative Law-Federal Administrative Procedure Act-The Supreme Court Gives The Act Its First Interpretation, Fred W. Freeman S.Ed.

Michigan Law Review

The Federal Administrative Procedure Act received its first thorough consideration by the Supreme Court in the recent case of Wong Yang Sung v. McGrath. The Court held that deportation proceedings must conform to section 5, which provides for notice, opportunity for a hearing, separation of prosecution and quasi-judicial functions, and the issuance of declaratory orders by the agency, and to section 11, which prescribes an independent status for presiding officers. The scope of section 5 is limited to administrative adjudications "required by statute to be determined on the record after opportunity for an agency hearing." There is no specific requirement …


Corporations-Theory Of Organizational Franchise Taxation- Michigan Franchise Tax, Charles Hansen S.Ed. Jun 1950

Corporations-Theory Of Organizational Franchise Taxation- Michigan Franchise Tax, Charles Hansen S.Ed.

Michigan Law Review

The present inquiry, besides delving into the nature of corporate organizational franchise taxation, will also seek to arrive at a logical theoretical basis for two of the more common types of such levies, and will conclude by examining the pertinent Michigan statutes in the light of such theories.