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Michigan Law Review

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Negligence-"Coal Hole" Cases-Constructive Notice Arising From Condition Of The Premises-Failure To Lock As Evidence Of Negligence, Lewis R. Williams, Jr. Mar 1950

Negligence-"Coal Hole" Cases-Constructive Notice Arising From Condition Of The Premises-Failure To Lock As Evidence Of Negligence, Lewis R. Williams, Jr.

Michigan Law Review

While on the way to a bowling alley at 7:15 p.m., plaintiff fell through an open coal hole in the private sidewalk which ran along the rear of defendant's business building. The public used the sidewalk to enter the building and to reach the rear of other stores in the block. There was no evidence as to how the door of the coal hole, which had been closed at 5:30 p.m., was opened. Held, judgment for plaintiffs reversed and judgment entered for defendant, two justices dissenting. Plaintiff failed to prove that the door in question was open a sufficient …

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Process-Misnomer In Summons-Amendment, R. Lawrence Storms S.Ed. Mar 1950

Process-Misnomer In Summons-Amendment, R. Lawrence Storms S.Ed.

Michigan Law Review

Plaintiff intended to sue James Brago, but by mistake used the name "Joseph Brago" in the complaint and summons. Joseph happened to be the name of intended defendant's brother. Copies of process were left with James' wife, but as sister-in-law of Joseph who resided elsewhere. When plaintiff realized the error, the statute of limitations prevented his bringing a new suit. Plaintiff's motion to amend the summons and complaint was granted. On appeal, held, order reversed so far as it purports to amend the summons. Patrick v. Brago, 4 N.J. Super. 226, 66 A. (2d) 749 (1949).

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Trial-Evidence-What May Jury Take To Jury Room To Aid In Deliberation, Richard B. Gushée S.Ed. Mar 1950

Trial-Evidence-What May Jury Take To Jury Room To Aid In Deliberation, Richard B. Gushée S.Ed.

Michigan Law Review

Upon the trial of a case under the Texas Workmen's Compensation Act, X-ray photographs, properly authenticated, were introduced in evidence by both parties to the suit. After retiring to deliberate, the jury requested that the X-ray pictures be sent to the jury room for their examination and consideration. This request was granted. Appellant objected on the ground that the pictures were technical and could not be understood by the jury without interpretation. On appeal, held, affirmed. X-ray photographs are "written evidence" and come within the provisions of the Texas Rules of Civil Procedure which provide that the jury may …

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Trusts-Restraints On Alienation-Invalidity Of Voting Trust Wherein Voting Trust Certificates Were Made Inalienable, W. P. Sutter S.Ed. Mar 1950

Trusts-Restraints On Alienation-Invalidity Of Voting Trust Wherein Voting Trust Certificates Were Made Inalienable, W. P. Sutter S.Ed.

Michigan Law Review

Two stockholders, controlling a majority of the class B stock of the X corporation, transferred their stock to themselves jointly as trustees for a ten-year period. The trustees were to vote the stock as a unit, and had full voting powers on all matters affecting the corporation. Trustees agreed not to transfer the stock without the approval of both holders, and the holders agreed not to sell their stock or the voting trust certificates. Moreover, on the death of one holder-trustee, the other had an option to purchase all his interest in the stock. In an action in equity to …

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Wills-Probate Of Lost Will-Meaning Of "Lost" In Statutes Of Limitations, John A. Hellstrom Mar 1950

Wills-Probate Of Lost Will-Meaning Of "Lost" In Statutes Of Limitations, John A. Hellstrom

Michigan Law Review

More than twenty years had elapsed between testatrix' death and the date of filing of petition for probate of her will. Testatrix' son, a sole beneficiary, had searched for the will without success and it could not be found by the register of probate on his initial search. However, the register eventually discovered the will in his inactive files. Two other brothers had seen the will in the probate office but had said nothing. Held, the will was ''lost" within the meaning of a statute which provided that the twenty year statute of limitations should not run during the …

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Witnesses-Prior Conviction Of Crime To Impeach-Circumstances Of Sentencing Not Admissible, J. D. Mcleod S.Ed. Mar 1950

Witnesses-Prior Conviction Of Crime To Impeach-Circumstances Of Sentencing Not Admissible, J. D. Mcleod S.Ed.

Michigan Law Review

ln an action to recover for personal injuries sustained in 1945, at which time he was a prisoner of the State of Virginia, plaintiff testified in his own behalf at the jury trial. On cross-examination, he admitted that he had been convicted of assault in 1943, that sentence had been suspended on condition that he enter the service, and that he had been sentenced to jail when he failed to enter the service. In his argument, defendant's attorney declared that the action had its inception in 1943, and emphasized that plaintiff had failed to enter the service when the sentence …

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Middleton: The Struggle For Germany, Michigan Law Review Mar 1950

Middleton: The Struggle For Germany, Michigan Law Review

Michigan Law Review

A Review of THE STRUGGLE FOR GERMANY. By Drew Middleton.

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Lilienthal: This I Do Believe, Michigan Law Review Mar 1950

Lilienthal: This I Do Believe, Michigan Law Review

Michigan Law Review

A Review of THIS I DO BELIEVE. By David E. Lilienthal.

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Notes, Michigan Law Review Mar 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.

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Monthly Periodical Index, Michigan Law Review Mar 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.

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Front Matter, Michigan Law Review Mar 1950

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 48, Issue 5 of Michigan Law Review

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Origin And Development Of The Directed Verdict, William Wirt Blume Mar 1950

Origin And Development Of The Directed Verdict, William Wirt Blume

Michigan Law Review

Recent decisions of the Supreme Court of the United States have aroused a new interest in the familiar motion for a directed verdict. In this discussion the writer will undertake a brief examination of the antecedents of the motion, and then will trace its short but significant history.

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Changing The Beneficiary Of A Life Insurance Contract, Grover C. Grismore Mar 1950

Changing The Beneficiary Of A Life Insurance Contract, Grover C. Grismore

Michigan Law Review

A cursory examination of the court reports will reveal that there is a constant stream of cases coming before our courts in which the principal questions at issue involve the disposition of the proceeds of matured life insurance policies. The question arises most often when the insured, having reserved the right to change the beneficiary, had manifested an intention that someone other than the beneficiary named in the policy should receive the proceeds, but had not complied with the formalities prescribed in his contract for effecting a change. Unfortunately, the answer to the question in the particular case has often …

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The Proposed New Uniform Sales Act, John Barker Waite Mar 1950

The Proposed New Uniform Sales Act, John Barker Waite

Michigan Law Review

A complete Uniform Commercial Code has been formulated by committees acting under joint auspices of the American Law Institute and the National Conference of Commissioners on Uniform State Laws. While the Code is apparently not yet ready for presentation to state legislatures for enactment, it has been offered to the public for discussion of its merits. Its scope is comprehensive. As now tentatively proposed, it comprises presumably complete statutes covering Sales, Commercial Paper, Letters of Credit, Foreign Banking, Documents of Title, Secured Transactions, Investment Securities. If adopted it would displace the present Uniform Sales Act, the Uniform Negotiable Instruments Act, …

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Corporations-Dividend Rights-Elimination Of Dividend Accumulations By Direct Charter Amendment, Thomas L. Waterbury S.Ed. Mar 1950

Corporations-Dividend Rights-Elimination Of Dividend Accumulations By Direct Charter Amendment, Thomas L. Waterbury S.Ed.

Michigan Law Review

The many recent discussions of the problem of dividend accumulations show that plausible grounds exist for reaching a conclusion in favor of either the minority preferred shareholder who wishes to retain these rights, or the majority preferred and common shareholders who, with the corporate management, desire to eliminate or circumvent them. It is not the purpose of this comment to re-open that controversy, though it may be observed that the current trend of both legislation and decision favors the interests of the latter group. Rather, this discussion assumes that the current trend is the correct view and will examine the …

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The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson Mar 1950

The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson

Michigan Law Review

In a previous instalment an attempt was made to describe the main subjects of private litigation dealt with by the English Privy Council under the Tudors and early Stuarts. It was suggested that the subjects were most heterogeneous and that the total volume of such litigation was large. In the present instalment will be discussed, first, the methods used to reduce the volume of private litigation by direct and indirect means; then the powers of coercion possessed by the Privy Council; and finally, its relations to the ordinary courts.

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Taxation-Technical Changes Act Of 1949-"Possession Or Enjoyment" Clause Of I.R.C. 811 ( C), Paul A. Anderson S.Ed., Stephen A. Bryant S. Ed. Mar 1950

Taxation-Technical Changes Act Of 1949-"Possession Or Enjoyment" Clause Of I.R.C. 811 ( C), Paul A. Anderson S.Ed., Stephen A. Bryant S. Ed.

Michigan Law Review

For the past decade Congress has been urged to define specifically the scope of I.R.C. 811(c), which subjects to the estate tax an inter vivas transfer intended to take effect in possession or enjoyment at or after the donor's death. Until 1949 proposed amendments were largely directed at legislative rejection of the doctrine of Helvering v. Hallock, but with the decisions in the Church and Spiegel cases last year, it became apparent that more extensive revision and clarification was needed. Sections 7 and 8 of the Technical Changes Act of 1949, which became law on October 25, 1949, represent …

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Taxation-Estate And Gift Taxes-Reciprocal Trusts-Mitigating Features Of The Technical Changes Act Of 1949, Paul A. Anderson S.Ed. Mar 1950

Taxation-Estate And Gift Taxes-Reciprocal Trusts-Mitigating Features Of The Technical Changes Act Of 1949, Paul A. Anderson S.Ed.

Michigan Law Review

Where two trusts are created by separate donors under circumstances indicating reciprocity, the doctrine of the Lehman case requires that each donor be treated as the grantor of the trust over which he holds various incidents of ownership to the extent that the amounts in the two trusts are equal. For tax purposes the nominal grantors are transposed. The legal basis of this doctrine is the principle of trust law that one who furnishes the consideration for the creation of a trust is the settlor, although in form the trust was created by another. Thus if the settlor of trust …

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Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed. Mar 1950

Torts-Liability Of A Landlord For Injuries To Persons On The Premises-Covenant To Repair-Effect Of Repairs Made Under Such Covenant Subsequent To An Injury Caused By Defect Repaired, William M. Myers S.Ed.

Michigan Law Review

It is generally agreed that the tort liability of the holder of an estate in land is an incident of occupation or control. However, the courts are not agreed as to the degree of control which will sustain such liability. Neither are their holdings uniform as to the inferences which are to be drawn with respect thereto from the existence of an agreement by a landlord to make repairs or from the act of a landlord in repairing a defect in demised premises under such agreement, subsequent to an injury caused by the defect repaired.

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Conflict Of Laws-Model Execution Of Wills Statute-Law Governing Revocation Of Will, Edward W. Rothe S.Ed. Mar 1950

Conflict Of Laws-Model Execution Of Wills Statute-Law Governing Revocation Of Will, Edward W. Rothe S.Ed.

Michigan Law Review

Decedent's will, devising Iowa realty, was denied probate in Illinois, the state of domicile, on grounds that the will had been revoked by cancellation. The devisees offered the will for probate in Iowa, under whose law no revocation was effected. The heirs contested probate on grounds that the Illinois denial of probate was conclusive and binding on Iowa courts in view of §633.49, Iowa code, 1946: "A last will and testament executed without this state, in the mode prescribed by the law, either of the place where executed or the testator's domicile, shall be deemed to be legally executed, and …

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Conflict Of Laws-Validity Of A Contract-Application Of Renvoi, R. Lawrence Storms S.Ed. Mar 1950

Conflict Of Laws-Validity Of A Contract-Application Of Renvoi, R. Lawrence Storms S.Ed.

Michigan Law Review

Plaintiff (British actor, James Mason) and defendant signed an agreement in England contemplating the formation of an American company for producing motion pictures. Plaintiff was to give his exclusive services to the company, and defendant was to make all financial arrangements and generally to manage the company. A dispute arose as to the legal effect of the agreement. Plaintiff won a judgment that the agreement was not a valid contract because of its indefiniteness as to essential terms. On appeal, held, affirmed. Mason v. Rose, (2d Cir. 1949) 176 F. (2d) 486.

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Constitutional Law-Congressional Committees-Quorum, G. B. Myers S.Ed. Mar 1950

Constitutional Law-Congressional Committees-Quorum, G. B. Myers S.Ed.

Michigan Law Review

Petitioner, having testified falsely before a committee of the House of Representatives, was convicted of perjury. On trial, petitioner contested the competency of the committee, maintaining that a quorum must actually be present when the testimony is given. Evidence was offered tending to show that though there was a record quorum at the beginning of the meeting in question, this quorum was not maintained at the time petitioner testified. The trial court agreed that presence of a quorum was essential, but charged, in effect, that this requirement is satisfied by a showing of a record quorum at the outset together …

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Corporations-Appraisal Statutes-What Constitutes A Written Objection To Corporate Merger Scheme, Daniel A. Isaacson Feb 1950

Corporations-Appraisal Statutes-What Constitutes A Written Objection To Corporate Merger Scheme, Daniel A. Isaacson

Michigan Law Review

Plaintiff sent a letter to the president of a corporation, in which he held stock, revoking his proxy and stating that he would vote against a proposed merger with defendant corporation. Later, plaintiff demanded payment of the fair value of his shares pursuant to an appraisal statute which so permitted if a stockholder, dissatisfied with a merger plan," . . . objected thereto in writing . . . . " Held, the letter constituted a sufficient written objection for purposes of this statute. Wiswell v. General Waterworks Corporation, (Del. Ch. 1949) 66 A. (2d) 424.

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Pleading And Practice-Failure To Answer Request For Admission Of Facts As Basis For Judgment On The Pleadings-Form Of Request For Admission Of Facts, Robert H. Frick Feb 1950

Pleading And Practice-Failure To Answer Request For Admission Of Facts As Basis For Judgment On The Pleadings-Form Of Request For Admission Of Facts, Robert H. Frick

Michigan Law Review

Plaintiff filed a complaint for money owing for goods sold and delivered. Defendant filed a cross-complaint. Plaintiff filed an affirmative reply setting forth defenses to the cross-complaint, and three days later served defendant with a request that he "admit each and every allegation and averment contained in paragraphs I, II, III and IV of the plaintiff's affirmative reply to the cross-complaint of the defendants herein is true.'' Defendant failed to answer the request. Washington Rule of Practice 21 provides that such failure shall be deemed an admission of the facts submitted. The trial court granted plaintiff's motion for judgment on …

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Notes, Michigan Law Review Feb 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.

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Front Matter, Michigan Law Review Feb 1950

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 48, Issue 4 of Michigan Law Review

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The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson Feb 1950

The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson

Michigan Law Review

It has been often said that the sixteenth and early seventeenth centuries in England were pre-eminently the age of conciliar government. The activities of the Tudor Privy Council extended into every phase of national life and were responsible, more than any other single factor, for the effective organization of an English national state. These activities continued under the first two Stuarts, with no break in institutional development, though they widened the gulf between Crown and people and hastened a revolution.

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Alternative Pleading: Ii, Roy W. Mcdonald Feb 1950

Alternative Pleading: Ii, Roy W. Mcdonald

Michigan Law Review

In any save the most elementary of litigation, the practicing lawyer frequently encounters difficulty in estimating with confidence, in advance of the trial, what precise fact propositions may be established by the evidence. As a result, he desires to preserve for himself the maximum area in which to maneuver as the testimony unfolds. One device for assuring such flexibility is the use of alternative pleading. The present series of articles undertakes to depict the extent to which the pressure of this common professional experience is reflected in our civil practice.

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The Case Of The Forgotten Basis: An Admonition To Victims Of Internal Revenue Code Section 115(G), Richard Katcher Feb 1950

The Case Of The Forgotten Basis: An Admonition To Victims Of Internal Revenue Code Section 115(G), Richard Katcher

Michigan Law Review

It is the purpose of this article to explore the various means available to a victim of section 115(g) for recovering the basis of his cancelled stock and to examine the reasons that may be advanced in support of the conclusion that the victim should be allowed a capital loss deduction measured by the amount of the basis.

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Corporations-Elections-Judicial Actions Of Inspectors Of Elections, Colvin A. Peterson, Jr. S. Ed. Feb 1950

Corporations-Elections-Judicial Actions Of Inspectors Of Elections, Colvin A. Peterson, Jr. S. Ed.

Michigan Law Review

If the modern cases are to be judged in light of what the courts say, it is probable that Judge Tilghman's views are the weight of authority. While a few courts frankly admit that inspectors do act judicially at times, most of the courts continue to define the actions of the inspectors in ministerial terms. However, there are two areas within which the inspectors may exercise such unusual powers that they may be called judicial, namely, those relating to the ascertainment of (1) the validity of proxies and (2) title to stock. The scope of this comment is confined to …

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