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Michigan Law Review

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Patent Law-Patentability As Affected By The Law Of Nature Rules-The Kalo Doctrine, Howard W. Haftel S.Ed. Jan 1949

Patent Law-Patentability As Affected By The Law Of Nature Rules-The Kalo Doctrine, Howard W. Haftel S.Ed.

Michigan Law Review

Kalo Company sued Funk Brothers for equitable relief in a federal district court, alleging infringement of product claims to a bacteria inoculant. The district court found infringement of the claims, but held them invalid for want of invention. The circuit court of appeals reversed, holding that the product claims were valid and infringed. On certiorari, the Supreme Court reversed, stating that the newly discovered law of nature, that is, that certain strains of each species of bacteria are mutually compatible, was not patentable, although a practical application of this law might be. The majority opinion also stated that for purposes …

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Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott Jan 1949

Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott

Michigan Law Review

Petitioner, a nineteen year old Negro, was convicted of rape in a circuit court of Alabama. The conviction, largely predicated on a confession made by petitioner on July 3, 1946, to the local police, was affirmed on April 24, 1947, by the Supreme Court of Alabama. This petition was subsequently initiated before the Alabama Supreme Court seeking an order granting permission to petition the trial court for a writ of error coram nobis. The request was accompanied by an allegation that petitioner's confession had been induced by mental and physical torture administered by the local police. At no time during …

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Constitutional Law-Equal Protection-State Restrictions In Nominations Of Candidates, David H. Armstrong S.Ed. Jan 1949

Constitutional Law-Equal Protection-State Restrictions In Nominations Of Candidates, David H. Armstrong S.Ed.

Michigan Law Review

The Progressive Party, unable to qualify as a political party for purposes of the Illinois primary election, sought to nominate candidates for state and national offices by petition. The Illinois Election Code provides that such nominating petitions shall include the signatures of at least 200 qualified voters from each of at least 50 counties in the state. Of the state's registered voters, 87 per cent reside in the 49 most populous counties. The State Officers Electoral Board found that the petitions were insufficient, and the Illinois Supreme Court denied a motion for leave to file a petition of mandamus to …

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Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin Jan 1949

Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin

Michigan Law Review

Petitioner, a German alien enemy, had been arrested and interned during the war by virtue of broad summary powers granted the Chief Executive by the Alien Enemy Act of 1798. The act subjects alien enemies to apprehension, detention, and deportation upon order of the President "whenever there is a declared war . . . . " Under authority of the act, the President, on July 14, 1945, ordered the removal of all alien enemies "who shall be deemed by the Attorney General to be dangerous to the public peace . . . . " Though the act makes no provision …

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Corporations-Power Of Directors To Transfer All Assets-Dissenters' Rights To Appraisal And Payment, John C. Walker Jan 1949

Corporations-Power Of Directors To Transfer All Assets-Dissenters' Rights To Appraisal And Payment, John C. Walker

Michigan Law Review

By action of its board of directors, defendant corporation entered into a written extension of a lease of substantially all its assets. This action was not authorized by a majority vote at a shareholders' meeting or by the written consent of the holders of a majority of the shares. Plaintiff, a shareholder of record on the date the lease was made, had no knowledge of the transaction until about three months later, at which time he objected to the making of the lease and demanded payment for his shares as provided in section 44 of the Michigan general corporation act …

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Courts--Process--Nonresident Motorist Service Statute--Service On "Driver" As Within Provision Permitting Service On "Owner", C. C. Grunewald S.Ed. Jan 1949

Courts--Process--Nonresident Motorist Service Statute--Service On "Driver" As Within Provision Permitting Service On "Owner", C. C. Grunewald S.Ed.

Michigan Law Review

While in Arkansas, appellee, an Illinois resident, drove a third party's automobile and was involved in a collision in which plaintiff's intestate was killed. Plaintiff instituted a negligence action in an Arkansas court against appellee, who had previously returned to Chicago, by service and notification pursuant to the Arkansas nonresident motorist service statute. Appellee appeared specially and moved to quash the service as ineffective under the statute. On appeal from the lower court's decision sustaining the motion, held, affirmed. The statutory language which permitted service on a nonresident "owner" did not allow service on a nonresident "driver." Kerr v. …

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Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein Jan 1949

Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein

Michigan Law Review

Defendant, represented by an attorney, was ordered, under an appearance bond, to appear at the November term of the court of general sessions to answer to an indictment for assault and battery with intent to kill. The indictment was not prepared during the November term, and at the end of the term the court ordered all those whose cases were not called to appear at the next term of court. At the February term defendant's case came up, but his attorney had apparently failed to read the court calendar, as neither the defendant nor the attorney knew that the trial …

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Bills And Notes-Personal Liability Of Agent Who Signs Note Which Principal Has No Legal Power To Execute, N. S. Peterman S.Ed. Jan 1949

Bills And Notes-Personal Liability Of Agent Who Signs Note Which Principal Has No Legal Power To Execute, N. S. Peterman S.Ed.

Michigan Law Review

Defendant gave a note, signed by him in his representative capacity as village president, to plaintiff in payment for services rendered to the village. Defendant signed after he was authorized to do so by a resolution of the village board of trustees. The facts showed that the parties understood the village to be the primary obligor on the note. Actually, the village had no legal power to make such notes and could not have been indebted by them. Plaintiff sued defendant as an individual and won a verdict in the trial court. On appeal, held, reversed. Defendant having signed …

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Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg Jan 1949

Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg

Michigan Law Review

The C.I.O., with the consent of its president, Philip Murray, made expenditures from the funds of the organization for the publication of an editorial in the "C.I.O. News," a regularly issued periodical, urging the members of the C.I.O. to vote for a particular candidate in a special Congressional election in Maryland. Additional funds were expended for the publication and transportation of one thousand extra copies. Both the C.I.O. and Mr. Murray were charged with violation of section 304 of the Labor-Management Relations Act in the district court. Defendants moved to dismiss the indictment, alleging that the statute abridged rights guaranteed …

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Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed. Jan 1949

Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed.

Michigan Law Review

During a deposition arising out of a suit against the Cleveland Transit System for its alleged negligent operation, Hyde, defendant's general manager, was ordered under subpoena duces tecum to produce reports of the defendant company and answer questions disclosing "all the busses ( the numbers, and names and addresses of the drivers) from 11:30 P.M. September 25, 1944, to 12:15 A.M., going south on East 152 Street." Hyde and the company attorney who possessed the accident reports refused to produce them or answer questions concerning them, claiming that the reports were within the attorney-client privilege. The deponents were taken into …

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Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed. Jan 1949

Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.

Michigan Law Review

Plaintiff agreed to purchase land from defendant by a contract in which it was stipulated that the performance of the mechanics of purchase would be completed through a third party, Webster. Plaintiff deposited the purchase money with Webster with instructions to deliver it to defendant only after he (Webster) had, inter alia, procured a policy of title insurance. Webster absconded with the funds. In a suit to determine the incidence of loss, plaintiff sought to prove that Webster had procured the policy before he absconded and therefore held the purchase money as agent for defendant. The proof that plaintiff …

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Fiduciary Administration -- Deviation From Terms Of Trust--Invasion Of Principal For Benefit Of Life Tenant, W. Stirling Maxwell S.Ed. Jan 1949

Fiduciary Administration -- Deviation From Terms Of Trust--Invasion Of Principal For Benefit Of Life Tenant, W. Stirling Maxwell S.Ed.

Michigan Law Review

By a will executed in 1932 testator, who died in 1944, made outright bequests of $2,500 and his personal goods to his widow and $5,000 to each of his sons. He then devised the residue of his estate to trustees to pay the income to his widow for life and, upon her death, to distribute the corpus to his then living issue in equal shares by right of representation, and, in default of such issue, to those who would take if he had died intestate when his widow died. The will gave the trustees broad investment and management powers but …

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Gifts - Causa Mortis -Automobiles - Effect Of Statute On Transfer Of Title By Gift And Will, Stephen A. Bryant Jan 1949

Gifts - Causa Mortis -Automobiles - Effect Of Statute On Transfer Of Title By Gift And Will, Stephen A. Bryant

Michigan Law Review

Plaintiff filed a bill in chancery seeking a declaration of rights with respect to an automobile to which she claimed title by reason of a gift causa morris. Although the evidence offered by plaintiff on trial tended to support a valid common law gift causa mortis, defendant contended that the gift was ineffective because of the failure of the donor to comply with a statute which stated that "in the event of the sale or other transfer . . . of the ownership of a motor vehicle for which a certain certificate of title has been issued . . . …

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Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers Jan 1949

Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers

Michigan Law Review

In November, 1941, defendant book publishers commenced distribution of a book containing allegedly libelous statements concerning plaintiff. Thereafter, there were seven additional printings, the last in December, 1943, distribution of which began in March, 1944. Although more than 12,000 copies of the book were sold prior to this reprinting, only 60 copies were sold from stock during the year immediately preceding July 2, I 946, the date plaintiff instituted his action. To determine whether the action was barred by the statute of limitations, the following question was certified to the New York Court of Appeals: "Do sales from stock by …

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Partnership -- Uniform Partnership Act--Right Of Surviving Partner To Purchase Partnership Property, Melvin J. Spencer Jan 1949

Partnership -- Uniform Partnership Act--Right Of Surviving Partner To Purchase Partnership Property, Melvin J. Spencer

Michigan Law Review

Defendants, administrators of the estate of the deceased partner, agreed with the surviving partner to continue the partnership hotel business, with the approval of the probate court. After some operation, the surviving partner sued to compel the administrators to sell him the interest of the deceased at a value to be judicially determined. Defendants cross-complained, asking the court to liquidate the business and award them the amount of the interest of the deceased in the proceeds. Held, reversing the decree below, the assets of the dissolved partnership should be liquidated, in accord with defendants' prayer. Zach v. Schulman, …

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Taxation-Federal Estate Tax-Inclusion In Gross Estate Of Transfer By Which Settlor Retained Power To Terminate, C. C. Grunewald S.Ed. Jan 1949

Taxation-Federal Estate Tax-Inclusion In Gross Estate Of Transfer By Which Settlor Retained Power To Terminate, C. C. Grunewald S.Ed.

Michigan Law Review

In 1928, decedent established a trust giving his wife the income for her life, with a remainder to his three children. Decedent, as co-trustee, retained power to pay portions of the corpus to his wife and to change the trust on his approval of a written request by his wife. When the estate challenged the commissioner's assessment of a tax deficiency, the Tax Court, relying on the power to invade the principal, included the trust corpus in the gross estate under section 811(d)(2) of the I.R.C., no reduction being allowed for the wife's life estate since no method of evaluating …

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Taxation-Income Tax-Taxable Persons--Assignment Of License Royalties, J. R. Mackenzie S.Ed. Jan 1949

Taxation-Income Tax-Taxable Persons--Assignment Of License Royalties, J. R. Mackenzie S.Ed.

Michigan Law Review

X contracted with a corporation controlled by him for the manufacture of machines on which he held patents. No minimum was established with respect to production or the payment of royalties. The contracts were terminable by either party upon notice, and X was free to make similar contracts with other manufacturers. X assigned all his interest in the contracts and exclusive title and power over the royalties to his wife, who thereafter received all payments and reported them as her income. The Tax Court ruled that since X could cancel the contracts directly, and could indirectly control the contracts through …

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Torts - Liability For Intentionally Inflicted Emotional Disturbance, Donald D. Davis Jan 1949

Torts - Liability For Intentionally Inflicted Emotional Disturbance, Donald D. Davis

Michigan Law Review

Plaintiff alleged that defendant used vile and abusive language toward her on a public street; that defendant knew she was advanced in pregnancy, highly nervous and sensitive; and that by reason of defendant's language she suffered an emotional disturbance resulting in impairment of health. The trial court rendered judgment in favor of the defendant after the opening statement of plaintiff's counsel. The court of appeals reversed the judgment of the trial court and held that plaintiff was entitled to submit her evidence to the jury. On appeal, held, reversed. Plaintiff did not allege that she was put in fear …

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Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis Jan 1949

Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis

Michigan Law Review

Plaintiff, a resident of Texas, brought action in a United States district court in Minnesota to recover damages under the Federal Employers' Liability Act for injuries received in an accident in Texas. Defendant, in accordance with section 1404(a) of the United States Judicial Code, moved for a change of venue to Texas for the convenience of parties and witnesses and in the interest of justice. Plaintiff resisted the transfer solely on the ground that the section did not apply where venue was granted under the F.E.L.A. Held, by a two judge district court, motion granted. Hayes v. Chicago, R.I. …

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Education For Professional Responsibility, Michigan Law Review Jan 1949

Education For Professional Responsibility, Michigan Law Review

Michigan Law Review

A Review of EDUCATION FOR PROFESSIONAL RESPONSIBILITY. Pittsburgh: Carnegie Press.

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Harris: The European Recovery Program, Michigan Law Review Jan 1949

Harris: The European Recovery Program, Michigan Law Review

Michigan Law Review

A Review of THE EUROPEAN RECOVERY PROGRAM. By Seymour Harris.

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Simons: Economic Policy For A Free Society., Michigan Law Review Jan 1949

Simons: Economic Policy For A Free Society., Michigan Law Review

Michigan Law Review

A Review of ECONOMIC POLICY FOR A FREE SOCIETY. By Henry Simons.

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Torpey: Judicial Doctrine Of Religious Rights In America, Michigan Law Review Jan 1949

Torpey: Judicial Doctrine Of Religious Rights In America, Michigan Law Review

Michigan Law Review

A Review of JUDICIAL DOCTRINE OF RELIGIOUS RIGHTS IN AMERICA. By William George Torpey.

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Notes, Michigan Law Review Jan 1949

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.

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Monthly Periodical Index, Michigan Law Review Jan 1949

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 Dec 1948

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 47, Issue 2 of Michigan Law Review

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The Revenue Act Of 1948-: Federal Estate And Gift Taxation, Milton D. Solomon Dec 1948

The Revenue Act Of 1948-: Federal Estate And Gift Taxation, Milton D. Solomon

Michigan Law Review

The community property system has always been a thorn in the side of the federal tax structure. The theory that husband and wife have equal, vested, undivided one-half interests in property held by them as tenants in community, when given effect for federal tax purposes, has resulted, because of our system of graduated rates, in substantial income, estate and gift tax advantages in favor of residents of community property states over their neighbors in non-community property states. Attempts to change this situation as to federal income taxation proved uniformly unsuccessful. However, success was achieved in the field of federal estate …

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Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting Dec 1948

Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting

Michigan Law Review

Paradoxically enough, the "right" to be silent has been vociferously asserted by some of our most loquacious citizens. The current activities of Congressional investigating committees and the possible enactment of laws regulating participation in certain political affairs make timely a consideration of the basis for the assertion of the "right" and an attempt to determine the extent to which it may be said truly to be protected against intrusions by the state or national governments. It is proposed first to consider the question of secrecy in connection with the elective process itself and later to extend the inquiry into problems …

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A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland Dec 1948

A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland

Michigan Law Review

This is the sixth annual volume in which the faculty of the New York University School of Law has published its summary of the important developments in American law. The magnitude of the task required to produce these volumes would be considered beyond the capacity of the teaching staff of any single law school if the actual publication, year by year, of these monumental surveys did not prove that it could be accomplished.

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The Law School 1948-1949, E. Blythe Stason Dec 1948

The Law School 1948-1949, E. Blythe Stason

Michigan Law Review

Oversized enrollment again characterizes the student body of the University of Michigan Law School for the year 1948-49. Somewhat reduced from last year's record of 1107 prospective lawyers, this year the William W. Cook Law Quadrangle is accommodating 1057 future members of the bar. The beginning class of 426 students, together with 279 second year students, 339 seniors, 10 candidates for the graduate degrees, and 3 special students all add up to 1057 total. In the total are included 24 future Portias of the bar. These figures should be compared and contrasted with pre-war enrollments approximating 600-650 students. The demand …

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