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Articles 7171 - 7200 of 12807
Full-Text Articles in Entire DC Network
Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.
Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.
Michigan Law Review
The case of United States v. One De Soto Sedan has again focused attention on some of the perplexing problems raised by the statutory imposition of both criminal and civil sanctions for the same wrongful act. The court held that an acquittal in a criminal prosecution for possessing liquor on which no federal tax had been paid was a bar to a civil in rem proceeding to forfeit claimant's car as having been used in the removal, deposit and concealment of the same liquor with intent to defraud the United States of taxes. Since the two proceedings involved the same …
Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.
Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.
Michigan Law Review
In recent months the National Labor Relations Board and its General Counsel, Robert N. Denham, have come to grips over the right of the Board to dismiss unfair labor practice charges on ground that to take jurisdiction would not effectuate the policies of the National Labor Relations Act. After unsuccessfully opposing the Board in several cases, Mr. Denham aired the controversy publicly, charging the Board with application of "their old Wagner Act formulae" when "the principle of the theory has been repudiated by the passage of the Taft-Hartley Act." The Board retaliated by revoking all the General Counsel's independent powers …
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Michigan Law Review
During the past five years the legislatures of several states have wrestled anew with an old problem, that of limiting the permissible duration of indirect restraints upon the alienation of property. Generally speaking, these statutes may be grouped into two classes: those designed to abandon previous statutory modifications of the common law rule against perpetuities and return to the common law rule; and those designed to modify the common law rule or alter existing statutory rules. With respect to the latter group, a further classification is possible between statutes which attempt a general revision of the law as to perpetuities …
Administrative Law-Hearing On Questions Of Law As A Requirement For Due Process
Administrative Law-Hearing On Questions Of Law As A Requirement For Due Process
Michigan Law Review
The Federal Communications Commission granted a permit for a radio station to the Coastal Plains Broadcasting Company. WJR, not a party to that proceeding, filed a petition for reconsideration and hearing, alleging, inter alia, that the new station would cause objectionable interference with WJR. Coastal Plains entered an opposition, asserting that the petition, on its face, was legally insufficient to make WJR a party. WJR did not respond. The commission, without oral argument, denied the application, holding that there was no objectionable interference. The court of appeals treated this as equivalent to a holding as a matter of law, essentially …
Bills And Notes-Negligence Of The Depositor-Right Of The Drawee To Charge The Account, Thomas Hartwell
Bills And Notes-Negligence Of The Depositor-Right Of The Drawee To Charge The Account, Thomas Hartwell
Michigan Law Review
A depositor in the defendant bank was a large firm with a payroll clerk who prepared the employees' checks for signing by the proper officer. The clerk prepared checks for employees not then on the payroll, which the officer signed without investigation. The clerk then indorsed as the named payee, signed in her own name as final indorser, and cashed the checks at various banks. Such conduct did not seem unusual to the banks, as she would frequently cash properly indorsed checks as a favor to other employees. The returned vouchers were not examined by the depositor to detect errors. …
Taxation-Proposed Changes In The Tax Treatment Of Foreign Income, Donald D. Davis S.Ed.
Taxation-Proposed Changes In The Tax Treatment Of Foreign Income, Donald D. Davis S.Ed.
Michigan Law Review
The United States has the power to tax the income of its citizens and domestic corporations even though that income is earned in a foreign country. When it is recognized that income derived abroad generally incurs tax liabilities to foreign governments as well, it immediately becomes apparent that the American businessman doing business abroad may, absent some sort of relief provisions, easily be the victim of double taxation. Relief has taken a number of forms. Income derived by American corporations in certain geographical areas is under proper circumstances wholly or partly exempt from federal income taxation. Thus, citizens and corporations …
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Michigan Law Review
Petitioner was convicted of murder in a Georgia court and sentenced to die by electrocution. He made application to the governor to postpone execution on the ground that he had become insane after conviction. The governor, acting under authority of a state statute, appointed three physicians who conducted an examination of petitioner and found him sane. Thereupon, petitioner filed a petition for a writ of habeas corpus in a state court contending that the due process clause of the Fourteenth Amendment entitled him to a hearing on his insanity claim before a judicial or administrative tribunal at which he could …
Corporations-Right Of Directors To Enforce At Face Value Claims Against The Corporation Purchased At A Discount During Insolvency, Robert H. Frick S.Ed.
Corporations-Right Of Directors To Enforce At Face Value Claims Against The Corporation Purchased At A Discount During Insolvency, Robert H. Frick S.Ed.
Michigan Law Review
From 1942 to the initiation of bankruptcy proceedings the assets of the debtor corporation were insufficient to pay its liabilities, and, with the exception of 1945, it operated at a deficit. In 1946 the assets of the corporation were sold, and the debtor filed a petition under Chapter XI of the Bankruptcy Act Prior to the filing of the petition, but during the period of insolvency, the respondents, the sister, mother, and a personal friend of a director, acquired debenture bonds of the corporation, primarily from over-the-counter dealers, at 3% to 14% of face value, the aggregate cost being $10,000. …
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Criminal Law-Proof Of The Corpus Delicti By The Use Of Extra-Judicial Confessions, Theodore Sachs
Michigan Law Review
Defendant, a physician, was accused of the murder of his cancer-ridden patient by the injection of 40 c.c. of air into a vein of the patient's arm shortly before her death. The defendant had noted on the patient's medical chart the fact of the injection and that of her death, apparently a few minutes later. He subsequently dictated the same facts to his nurse, and later made similar admissions to local enforcement authorities and others making such statements on the day of his arrest and immediately thereafter. At the trial, a pathologist, called as an expert witness on behalf of …
Cbiminal Law--Humanitarian Motive As A Defense To Homicide--State V. Sander, (N.H. 1950)., Theodore Sachs
Cbiminal Law--Humanitarian Motive As A Defense To Homicide--State V. Sander, (N.H. 1950)., Theodore Sachs
Michigan Law Review
It has been uniformly accepted in Anglo-American jurisprudence that motive is neither an element of a crime, nor a defense to its existence.
Equity-Injunction-Nonconformance Of Lustron House To Building Restrictions, Stephen A. Bryant S.Ed.
Equity-Injunction-Nonconformance Of Lustron House To Building Restrictions, Stephen A. Bryant S.Ed.
Michigan Law Review
Plaintiffs, as landowners in a restricted Detroit subdivision, sought to restrain the defendants from erecting a Lustron house in violation of restrictions limiting construction to full basement, one-family dwellings, costing a minimum of $6,000 and composed of brick, brick veneer, hollow tile or stucco. These restrictions were imposed on all lots in the subdivision by the original owner in 1925. The Lustron house, although costing approximately $7,500, had no basement and was constructed entirely of steel. After agreeing to remove it should the court enforce the restrictions, defendants erected the house. On appeal from a decree granting an injunction, held …
Insurance-Reinstatement-''Insurability", Joseph G. Egan S.Ed.
Insurance-Reinstatement-''Insurability", Joseph G. Egan S.Ed.
Michigan Law Review
lnsured took out a policy of life insurance with defendant company which contained a clause providing for reinstatement within five years after default on presentation "of evidence of insurability satisfactory to the company" and payment of overdue premiums with interest. After default in payment of premiums, insured requested reinstatement. The insured had taken up aviation in the interval between issuance of the policy and the request for reinstatement. The company agreed to reinstate on condition that the insured would agree to a modification of the policy, so that it would not cover death resulting from operation of any kind of …
Insurance-Subrogation-Right Of Insured To Recover On An Automobile "Collision" Policy After Full Settlement With The Negligent Wrongdoer, Robert W. Shadd S.Ed.
Insurance-Subrogation-Right Of Insured To Recover On An Automobile "Collision" Policy After Full Settlement With The Negligent Wrongdoer, Robert W. Shadd S.Ed.
Michigan Law Review
Respondent, whose automobile was covered by a policy of "collision" insurance in appellant insurance company, suffered serious personal injuries and complete loss of his car as a result of a collision with an oil company truck. Despite numerous telephone calls, appellant failed to settle for the cash value of the automobile, as required by the insurance contract. In the meantime, respondent brought an action against the oil company, joining the claims for personal injury and property damage, and executed a full release to that company in return for a settlement of $20,000. He then brought this action for actual damages …
International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin
International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin
Michigan Law Review
Libelants, eleven Greek seamen, signed a contract in the United States for a voyage from this country to Spain on a Greek vessel. They were discharged when the ship reached Barcelona. The shipowners made advance payments to these seamen, as they had in the past, and deducted such payments when settlements were made in the United States at the end of the voyage, a practice contrary to a federal statute. Prior to libelants' return to the United States from Spain, where they had been properly discharged, suit was instituted in their behalf for wages. Respondents paid into court a sum …
Judgments-Collateral Estoppel By A Lower Court Judgment When Appeal Therefrom Is Dismissed Because The Case Has Become Moot, John C. Walker S.Ed.
Judgments-Collateral Estoppel By A Lower Court Judgment When Appeal Therefrom Is Dismissed Because The Case Has Become Moot, John C. Walker S.Ed.
Michigan Law Review
The United States sued defendant in two counts for violation of OPA price regulations. The first count asked for an injunction to restrain further violations while the second sought treble damages for past violations. By agreement of the parties the injunction issue was tried first. The trial court found that there had been no violation of price regulations and dismissed the bill. This phase of the case was appealed by the government as a final order. The appeal was dismissed on the ground that the injunction issue had become moot, the particular commodity having been decontrolled in the interim. The …
Judgments-Setting Aside-Failure Of "Local Agent" To Notify Corporation Of Service Of Summons, Lloyd J. Tyler, Jr.
Judgments-Setting Aside-Failure Of "Local Agent" To Notify Corporation Of Service Of Summons, Lloyd J. Tyler, Jr.
Michigan Law Review
Service of summons was made upon a ticket agent employed by a lessee of the defendant coach line in accordance with a North Carolina statute which provides that any person receiving or collecting money within the state for a corporation is a ''local agent" for the purpose of service of process. This agent did not notify the defendant corporation of the summons, and a default judgment was entered. On appeal it was held that the judgment should not be set aside for want of service of summons, since the ticket agent was within the statutory definition of ''local agent." The …
Jurisprudence-Stare Decisis - Varying Force Of Precedent, Charles Myneder S.Ed.
Jurisprudence-Stare Decisis - Varying Force Of Precedent, Charles Myneder S.Ed.
Michigan Law Review
Plaintiff passenger brought an action against defendant driver to recover for injuries arising from the latter's negligence in operating an automobile while the parties were engaged in a joint enterprise. Defendant contended that his own negligence should be imputed to the plaintiff to bar recovery. Defendant offered as authority a previous decision by the same court in which a passenger, a joint enterpriser with the driver, sued both the driver and the absentee owner of the automobile. There the court dismissed the action against both defendants on the ground of imputed negligence. But the reasoning and authority offered by the …
Taxation--Income Tax-Effect Of Loss Carry--Back On Deficiency Assessment Interest Charges, William R. Worth S.Ed.
Taxation--Income Tax-Effect Of Loss Carry--Back On Deficiency Assessment Interest Charges, William R. Worth S.Ed.
Michigan Law Review
In 1943 the Commissioner of Internal Revenue assessed deficiencies against respondent taxpayer in its 1941 income and excess profits taxes, adding interest from the date the tax was properly due to the assessment date. The taxpayer suffered a net operating loss in 1943 sufficient to abate completely all tax liability for 1941. When application for a refund of the amount paid and abatement of the deficiency was made, however, the commissioner deducted the interest assessed from the amount to be returned, claiming that the liability to pay interest on the deficiency was still outstanding. The district court held for the …
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Michigan Law Review
Suit was brought by plaintiff against the administrator of the estate of X to establish title to an automobile which plaintiff alleged had been purchased with funds furnished by her. Title was in the name of deceased, X, in whose name plaintiff claimed to have registered the car because she did not drive and X would do most of the driving. The sole heir of X was permitted to intervene as a party defendant and claimed that lawful ownership had been in X. Decree was for defendants and it was directed that the car be turned over to …
Trusts-Corporate Trustee's Duty Of Loyalty-Merger Of The Trustee Corporation With A Corporation In Which The Trust Held Shares, Nancy J. Ringland
Trusts-Corporate Trustee's Duty Of Loyalty-Merger Of The Trustee Corporation With A Corporation In Which The Trust Held Shares, Nancy J. Ringland
Michigan Law Review
Securities delivered to the trustee under provisions of a will included stock in the corporate trustee and in a bank. Subsequently, the bank and the trust company affiliated, under an agreement whereby the bank acquired substantially all the stock of the trust company, to be held for the benefit of the shareholders of the bank. The holders of the trust stock and the old bank stock exchanged their shares for new stock in the bank. The trust authorized the trustee to retain stocks in the trust estate, to invest in securities other than of the character prescribed by law for …
Witnesses--Competence Of Defendant's Spouse As Witness For The Prosecution, William R. Worth S.Ed.
Witnesses--Competence Of Defendant's Spouse As Witness For The Prosecution, William R. Worth S.Ed.
Michigan Law Review
Defendant, on trial for the offense of transporting across state lines a sum of money exceeding $5,000 feloniously obtained by fraud, was convicted largely through the testimony of his victim. The fraud charged consisted of a lightning courtship and hasty marriage, closely followed by the disappearance of the new husband along with the entire estate of the too-gullible bride. Over the objection of the defendant, his wife was permitted to testify to the swindle practiced upon her. After conviction, he filed a motion for a new trial, contending that it was error to permit a wife to testify against her …
Dulles: War Or Peace, Michigan Law Review
Dulles: War Or Peace, Michigan Law Review
Michigan Law Review
A Review of WAR OR PEACE. By John Foster Dulles.
De Toledano And Lasky: Seeds Of Treason, Michigan Law Review
De Toledano And Lasky: Seeds Of Treason, Michigan Law Review
Michigan Law Review
A Review of SEEDS OF TREASON. By Ralph de Toledano and Victor Lasky.
Tourtellot: An Anatomy Of American Politics, Michigan Law Review
Tourtellot: An Anatomy Of American Politics, Michigan Law Review
Michigan Law Review
A Review of AN ANATOMY OF AMERICAN POLITICS. By Arthur Bernon Tourtellot.
Notes, Michigan Law Review
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
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.
Negligence-Gas-Duty To Inspect Abandoned Pipes, Alan C. Boyd.
Negligence-Gas-Duty To Inspect Abandoned Pipes, Alan C. Boyd.
Michigan Law Review
Three persons were asphyxiated in a house in which they were sleeping when pressure caused by the settling of the house broke a gas pipe underneath. The house had no foundation but was supported by posts. Gas service had been discontinued eighteen years before, and the meter was removed at that time. The gas, however, had not been shut off at the curb but was allowed by the company to remain in the pipes beneath the house. The defendant gas company had made no inspection since the service had been discontinued. The plaintiffs, representatives of the deceased persons, brought actions, …
Constitutional Law-Exports-Immunity From State Taxation, Paul E. Anderson S.Ed.
Constitutional Law-Exports-Immunity From State Taxation, Paul E. Anderson S.Ed.
Michigan Law Review
Article 1, section 10 of the Constitution provides, "No State shall, without the consent of Congress, lay any imposts or duties on imports or exports . . . . " This clause places a limitation on state taxing power. The basic problem is to determine at what point goods in the process of being manufactured and prepared for foreign shipment become exports. If the goods are found to be exports, they are immune to state taxation. Two recent Supreme Court decisions have dealt with this question in an attempt to lay down a general rule applicable to future situations. Because …
Bills And Notes-Liability Of Indorser After Statute Of Limitations Has Barred Action Against Marker, James F. Gordy S.Ed.
Bills And Notes-Liability Of Indorser After Statute Of Limitations Has Barred Action Against Marker, James F. Gordy S.Ed.
Michigan Law Review
Defendant company made a note which was indorsed personally by defendant Heiselt, its president. The lower court, in rendering judgment against defendant Heiselt personally, held that the statute of limitations had run in favor of the defendant company but that it had not run in favor of the defendant Heiselt, as his absence from the state during a portion of the period had tolled the statute as to him. On appeal, held, affirmed. Under section 120(3) of the N.I.L. there had been no "discharge of a prior party" which would allow one secondarily liable to escape liability. Upton v. …
Joint Tenancy-Creation Of Joint Tenancy In Stock Certificates And The Shares Represented Thereby, Rex Eames
Joint Tenancy-Creation Of Joint Tenancy In Stock Certificates And The Shares Represented Thereby, Rex Eames
Michigan Law Review
A, registered owner of certain stock certificates, endorsed them and turned them over to an agent with instructions to forward them to the respective corporations for transfer of the shares to A and B as joint tenants. Thereafter, the corporations issued certificates to A and B "as joint tenants with the right of survivorship and not as tenants in common." The plaintiff, A's administrator, brought a bill in equity against B to recover a one-half undivided interest in the shares of stock. Held, bill dismissed. No joint tenancy was created as there was an absence of the …