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Articles 7531 - 7560 of 12807
Full-Text Articles in Entire DC Network
Corporations-Validity Of Stockholders' Voting Control Agreement, Bernard Goldstone
Corporations-Validity Of Stockholders' Voting Control Agreement, Bernard Goldstone
Michigan Law Review
A,B, and C, petitioners, and X and Y, respondents, owned all the stock in a corporation. On September 20, I 946, they entered into a ten year agreement which provided that A, B, X and Y should constitute the board of directors of the corporation as long as they remained stockholders. It was also agreed that A, B, C, X and Y were to be the officers of the corporation. At a meeting on January 21, 1948, attended by X and Y, three directors were elected, not including A and B. One week later these …
Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen
Criminal Law-Requisite Mental Element In Criminal Assault, Charles Hansen
Michigan Law Review
Defendant was driving his car after dark at a speed greatly in excess of that prescribed by a local ordinance. While proceeding in this fashion, the car overtook and struck a bicycle, severely injuring a passenger thereon. From a conviction of criminal assault of the passenger, defendant appealed. Held, affirmed. The necessary intent to injure a specific passenger of a vehicle may be inferred from the recklessness evidenced by driving at night at a speed greatly exceeding the statutory limit. Wellons v. State, (Ga. App. 1948) 48 S.E. (2d) 925.
Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.
Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.
Michigan Law Review
Defendant pleaded guilty to a charge of statutory rape. After questioning him the court accepted his plea, and sentence was deferred pending an investigation by the probation and psychopathic departments. Before being sentenced, defendant requested that his plea be changed but did not deny that he was guilty. The court refused his request and sentenced him. Held, defendant should have been allowed to withdraw his plea of guilty. People v. Anderson, 321 Mich. 533, 33 N.W. (2d) 72 (1948).
Future Interests-Construction Of "Surviving" In Substitutionary Gift Of Remainder, J. R. Mackenzie S.Ed.
Future Interests-Construction Of "Surviving" In Substitutionary Gift Of Remainder, J. R. Mackenzie S.Ed.
Michigan Law Review
Testator's will provided that his property should go to his wife W for life, then in equal shares to his sister A and his brothers B and C. The language used was appropriate to create vested remainders in A, B and C. The will then provided, "And in case of the death of my said sister or either of my said brothers before the death of my said wife, the share that he or she would have taken shall be divided equally between his or her surviving children, by right of representation." A and B died before testator; …
Negligence-Liability Of Public Amusement Operators For Dangerous Premises, Ruth Wanamaker
Negligence-Liability Of Public Amusement Operators For Dangerous Premises, Ruth Wanamaker
Michigan Law Review
While a patron at a dog race track, plaintiff suffered injuries when she slipped on an empty beverage bottle left in the aisle of the grandstand. In an action against the proprietor, a motion for directed verdict in favor of defendant was granted on the theory that plaintiff had failed to show defendant's actual or constructive knowledge of the presence of the bottle; the trial court further stated that if constructive knowledge were relied on, the plaintiff must prove that the bottle had been in the grandstand long enough for the owners, in the exercise of reasonable care, to have …
Process--Substituted Service On Nonresident Motorists, David S. De Witt
Process--Substituted Service On Nonresident Motorists, David S. De Witt
Michigan Law Review
While in Missouri, defendant, a nonresident, lent his automobile to two minors who were later involved in a collision in which plaintiff was injured. Although defendant was not present at the accident, the act of lending the vehicle to the minors was alleged by plaintiff to be negligent. Jurisdiction over defendant was sought by service upon the Secretary of State of Missouri in reliance on statute. In a motion to quash service, defendant claimed that his use of the vehicle did not result in plaintiff's injury, and that the operator was not his agent at the time of the injury. …
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Michigan Law Review
Defendant X owned a non-registered automobile which was parked on a public way by defendant Y, an agent of X. The keys were left in the car in violation of a statute. Later in the same day the car was stolen. Plaintiff, a pedestrian, was injured by the thief's negligent operation of the car. In an action to recover for the injury, a verdict was directed for defendants. On appeal, held, affirmed. As a matter of law, defendant's action in allowing a non-registered automobile containing its keys to remain on a public way was not the proximate …
Partnerships-Sale Of Goodwill-Right Of Retiring Partner To Eject Partnership From Leased Premises, Paul W. Eaton, Jr.
Partnerships-Sale Of Goodwill-Right Of Retiring Partner To Eject Partnership From Leased Premises, Paul W. Eaton, Jr.
Michigan Law Review
Plaintiff, owning a one-third interest in a partnership, sold his interest to the other partners, among them the defendant. Included in the sale was the goodwill of the partnership. The reversion in the property leased by the partnership was subsequently acquired by plaintiff, who notified defendant to vacate the premises upon termination of the lease. Defendant refused, and plaintiff brought a forcible entry and detainer action, recovering judgment in the trial court. On appeal, held, affirmed. Stone v. Lerner, (Colo. 1948) 195 P. (2d) 964.
Taxation-Income Tax-Validity Of Family Partnership Where Partner's Services Are To Be Performed In Future, Daniel W. Reddin, Iii S.Ed.
Taxation-Income Tax-Validity Of Family Partnership Where Partner's Services Are To Be Performed In Future, Daniel W. Reddin, Iii S.Ed.
Michigan Law Review
In 1939, petitioner sold certain ranch properties and half of his herd of blooded cattle to his four sons, accepting their notes in return. A firm consisting of petitioner and his sons was then formed, and a bank account was opened upon which any of the members of the firm could draw. Two of the sons were minors, but all were ranch-reared and experienced in cattle raising. The sons paid part of the notes with their shares in the proceeds from firm sales, and petitioner forgave the rest. Military duty disrupted the plan by which all the sons were to …
Trade Regulations-Deceptive Practices, Earl R. Boonstra
Trade Regulations-Deceptive Practices, Earl R. Boonstra
Michigan Law Review
Petitioner, an importer, distributed catalogs among some 25,000 retailers describing his porcelain line as follows: "IMPORTED Hand Decorated 'Du Barry' Porcelain," and " 'Du BARRY' Porcelain table lamps are nationally famous as reproductions of rare, original French and English 'old pieces.'" The Federal Trade Commission found that the advertising impliedly represented that the origin was French or British, whereas the products were made in Japan. A cease and desist order was issued prohibiting use of the legend, "Imported-Du Barry,'' or any other legend suggesting French origin, without clearly disclosing the fact of import from Japan. Held, affirmed. The order …
Wills-Constructive Trust Imposed On All Heirs Where Some Interfered With Execution Of Will, Herhert E. Phillipson, Jr.
Wills-Constructive Trust Imposed On All Heirs Where Some Interfered With Execution Of Will, Herhert E. Phillipson, Jr.
Michigan Law Review
Two heirs at law, by physical force or by creating a disturbance, prevented decedent from executing a will devising her property to plaintiff. Shortly thereafter, decedent lapsed into a semi-comatose condition from which she never recovered. Plaintiff asked the court to impose a constructive trust on the distributive shares of all heirs, six of whom were not parties to the fraud. The district court gave judgment for the plaintiff; the Court of Civil Appeals partially reversed, allowing the innocent heirs to take free of any trust. On appeal, held, judgment of district court affirmed. Since all heirs at law …
Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review
Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review
Michigan Law Review
A Review of CONSERVATION OF OIL AND GAS, A LEGAL HISTORY-1948. Edited by Blakely M. Murphy.
Lauterbach: Economic Security And Individual Freedom: Can We Have Both?, Michigan Law Review
Lauterbach: Economic Security And Individual Freedom: Can We Have Both?, Michigan Law Review
Michigan Law Review
A Review of ECONOMIC SECURITY AND INDIVIDUAL FREEDOM: CAN WE HAVE BOTH? By Albert Lauterbach.
Labor Law - Impact Of Labor-Management Relations Act On State Regulation Of Union Shop Contracts, W. J. Schrenk, Jr. S.Ed.
Labor Law - Impact Of Labor-Management Relations Act On State Regulation Of Union Shop Contracts, W. J. Schrenk, Jr. S.Ed.
Michigan Law Review
The petitioning labor union made a contract with defendant employer, who was engaged solely in interstate commerce, providing that all employees were to be furnished by the union. If members could not be supplied, non-members might be hired but were required to join the union within two weeks from the date of employment. The defendant labor commissioner of the State of New Hampshire threatened to prosecute petitioner under a state statute, known as the Willey Act, which prohibited union security contracts except when ratified by two-thirds of the employees affected. Petitioner sought a declaratory judgment that the provisions of the …
Spero: Government As Employer, Michigan Law Review
Spero: Government As Employer, Michigan Law Review
Michigan Law Review
A Review of GOVERNMENT AS EMPLOYER. By Sterling Spero.
Schlesinger: Paths To The Present, Michigan Law Review
Schlesinger: Paths To The Present, Michigan Law Review
Michigan Law Review
A Review of PATHS TO THE PRESENT. By Arthur M. Schlesinger.
Coigne: Statute Making, Michigan Law Review
Coigne: Statute Making, Michigan Law Review
Michigan Law Review
A Review of STATUTE MAKING. By Armand B. Coigne.
Lunau: The Germans On Trial, Michigan Law Review
Lunau: The Germans On Trial, Michigan Law Review
Michigan Law Review
A Review of THE GERMANS ON TRIAL. By Heinz Lunau.
Notes, Michigan Law Review
Notes, Michigan Law Review
Michigan Law Review
The information given in the notes is derived from inspection of the books, publisher's literature, and the ordinary library sources.
Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review
Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review
Michigan Law Review
A Review of UNDERSTANDING THE SECURITIES ACT AND THE S.E.C. By Edward T. McCormick.
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.
Future Interests - Powers Of Appointment- Effect Of Bankruptcy Of Donee Of General Testamentary Power, Albert B. Perlin, Jr.
Future Interests - Powers Of Appointment- Effect Of Bankruptcy Of Donee Of General Testamentary Power, Albert B. Perlin, Jr.
Michigan Law Review
By her will, X established a spendthrift trust, appointing Y and a trust company as co-trustees. In addition to receiving the income from the trust during his life, Y was given a general testamentary power to appoint the corpus; in default of appointment the corpus was to be divided equally among Y's issue. After X's death Y filed a voluntary petition in bankruptcy, listing the above interest as that of a beneficiary of a spendthrift trust, "value none." Before Y's death the trustee in bankruptcy purported to sell to plaintiff, who was not a creditor of Y …
Wills-Validity Of Attestation On Separate Sheet Of Paper Not Physically Attached To Will, Myron J. Nadler
Wills-Validity Of Attestation On Separate Sheet Of Paper Not Physically Attached To Will, Myron J. Nadler
Michigan Law Review
Testatrix drew an instrument consisting of a single sheet of paper, intending it as her will. In the presence of a notary public, three witnesses observed the instrument with testatrix' signature thereon and her acknowledgment of it as her will, but did not sign it. The document was then placed in an envelope. A separate instrument of attestation which referred to the will was prepared by the notary and signed by the testatrix and the attesting witnesses. This instrument and the envelope containing the will were both placed in another folder which was then deposited with the proper officials. Probate …
Equity-Disinterment Of Dead Body Buried In Another's Land, Richard H. Conn
Equity-Disinterment Of Dead Body Buried In Another's Land, Richard H. Conn
Michigan Law Review
Complainant sought a decree in equity compelling defendant, administratrix of the estate of one Abram London, to remove the body of deceased from a grave on land belonging to complainant. Complainant had purchased the land in 1934, but through error of the cemetery officials it was resold to London in 1944. London's wife was buried in the adjacent plot. Defendant contended that the relief requested would transgress London's wish to be buried adjacent to his wife. Held, decree granted. The body of a person buried in a grave belonging to another is not properly buried, and the court will …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 47, Issue 3 of Michigan Law Review
Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.
Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.
Michigan Law Review
Despite progress in recent years toward the elimination of lynching, the demand for adequate federal legislation to cope with the problem is unabated. For almost three decades Congress has considered a succession of anti-lynching bills, most of which have been favorably reported by committees. None has become law. Legislators and others opposing the enactment of a federal anti-lynching act have placed primary reliance on an asserted lack of constitutionality. It is argued that lynching is merely local crime within the scope of the power and responsibility of the states to enforce their own criminal law. The purpose of this comment …
Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street
Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street
Michigan Law Review
Anglo-American legal systems have for so long lingered behind the Continent of Europe in developing a satisfactory basis of governmental civil liability that the enactment of the Federal Tort Claims Act of 1946 in the United States, and the Crown Proceedings Act of 1947 in Great Britain are events justifying a comparison and evaluation of these belated attempts to provide the citizens with an adequate remedy against the State.
Corporations--Directors--Application To Newly Created Directorships Of Statutory Provisions For Filling Vacancies, Frank L. Adamson S.Ed.
Corporations--Directors--Application To Newly Created Directorships Of Statutory Provisions For Filling Vacancies, Frank L. Adamson S.Ed.
Michigan Law Review
Only thirteen states have statutes specifying who may fill directorships created by an increase in the board. However, twenty-eight others provide by statute that the board is or may be empowered to fill vacancies. The question whether such a provision permits the board to fill directorships arising on an increase in the board was before the Delaware court in the recent case of Johnston v. Automatic Steel Products, Inc. The by-laws specified that an increase in the board created vacancies which the board could fill. The board acted thereunder, and this action and the by-law were challenged. The court held …
Domestic Relations - Statutory Abolition Of Certain Causes Of Action, George A. Rinker S.Ed.
Domestic Relations - Statutory Abolition Of Certain Causes Of Action, George A. Rinker S.Ed.
Michigan Law Review
ln response to widespread and vigorous criticism of the abuses practiced through the use of the action at law for breach of promise to marry, and to a lesser extent, the actions for alienation of affections, criminal conversation, and seduction, several states enacted legislation designed to eliminate the evils complained of by abolishing some or all of those causes of action. The purpose of the present discussion is to analyze and compare the various statutes, and to indicate how they have fared in the courts; in short, to survey the whole reform program as it stands twelve years after the …
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Michigan Law Review
In an often-quoted report of a committee of the American Bar Association, Roscoe Pound stated: "Pleadings have four purposes: (1) The first is to serve as a formal basis for the judgment. This is the oldest function, and one that goes back before the time of rational, as distinguished from purely mechanical trial of issues. . . . (2) Another is to separate issues of fact from questions of law .... (3) Another is to give litigants the advantage of a plea of res judicata if molested again for the same cause .... (4) Finally, pleadings exist to notify parties …