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Articles 7621 - 7650 of 12807
Full-Text Articles in Entire DC Network
Powers-General Testamentary Power:-Ineffective Appointment- Devolution Of Appointive Property, Richard L. Eckhart S.Ed.
Powers-General Testamentary Power:-Ineffective Appointment- Devolution Of Appointive Property, Richard L. Eckhart S.Ed.
Michigan Law Review
In the usual case, the question of the devolution of property subject to a general testamentary power where the appointment is ineffective arises in a contest between those representing the estate of the donee on the one hand and those representing the estate of the donor, including the takers in default, on the other. The historical concept that the devolution of appointive property is from the donor to the appointee competes with the modern concept that the donee's interest in the property is, for many purposes, close to absolute ownership.
Specific Performance-Marketable Title To Realty-Perfecting Title By Litigation As An Incident To Specific Performance, J. R. Mackenzie S.Ed.
Specific Performance-Marketable Title To Realty-Perfecting Title By Litigation As An Incident To Specific Performance, J. R. Mackenzie S.Ed.
Michigan Law Review
The normal action on land contracts is two-sided, vendor against purchaser or purchaser against vendor, to settle the rights of the parties on the basis of the condition of V's title at the time of the decree. This action is quite satisfactory where V and P agree as to the condition of the title, whether free and clear or not, but must we adhere to this pattern when there is a controversy between them concerning the title? To make the question concrete, suppose that V claims he has an unencumbered fee simple while P asserts there is a paramount …
Bailment-Effect Of Settlement By Bailee As A Bar To Action By Bailor, C. E. Becraft S.Ed.
Bailment-Effect Of Settlement By Bailee As A Bar To Action By Bailor, C. E. Becraft S.Ed.
Michigan Law Review
Plaintiff, as assignee of conditional vendor, brought an action against defendant for damage done to an automobile sold to one Zinner under a conditional sales agreement. The automobile was damaged through the negligence of the defendant and one Fulbrush, who, acting independently and with no knowledge of the plaintiff's claim, settled with Zinner for the full amount of damage; defendant and Fulbrush paying Zinner $429.55. The plaintiff later repossessed the automobile as Zinner failed to keep up his payments under the conditional sales agreement. Plaintiff sold the automobile in its damaged condition and brought this action for the difference in …
Constitutional Law - Privileges And Immunities - Commerce Clause-Proprietary Interest Of State In Its Natural Resources, Charles D. Bell
Constitutional Law - Privileges And Immunities - Commerce Clause-Proprietary Interest Of State In Its Natural Resources, Charles D. Bell
Michigan Law Review
Plaintiffs, residents of Georgia, sued to enjoin the enforcement of a South Carolina statute imposing on shrimp boats a license fee one-hundred times greater for nonresident owners than for resident owners, and requiring all shrimp to be unloaded, packed, and stamped in South Carolina before shipments into other states. The suit was based on the alleged contravention of the privileges and immunities and commerce clauses of the Constitution of the United States. Plaintiff's petition was dismissed by the trial court. On appeal, held, reversed. The disparity in resident and nonresident license fees constituted discrimination against nonresidents in violation of …
Constitutional Law-Due Process-Freedom Of Speech-Limitations On The Used Of Sound Amplification Devices, Bernard Goldstone
Constitutional Law-Due Process-Freedom Of Speech-Limitations On The Used Of Sound Amplification Devices, Bernard Goldstone
Michigan Law Review
Appellant, a minister of Jehovah's Witnesses, used, without a permit, sound equipment mounted on his truck to amplify lectures on religious subjects. He was convicted in a police court for violating a municipal ordinance of Lockport, New York. which prohibited the use of sound amplification devices without the permission of the chief of police. The ordinance provided no standards for the guidance of the local officer in the issuance of the permit. The conviction was affirmed by the county court and by the appellate court. On appeal, held, reversed, four justices dissenting. The ordinance violated the due process clause …
Contracts - Impossibility - Effect Of Temporary Inability To Perform, E. C.V. Greenwood S.Ed.
Contracts - Impossibility - Effect Of Temporary Inability To Perform, E. C.V. Greenwood S.Ed.
Michigan Law Review
On August 16, 1940, plaintiff village and defendant corporation entered into a contract under which defendant agreed to build for plaintiff an electric plant and distribution system. This contract contained two provisions that became significant in the light of the litigation that ensued: (1) a not uncommon provision for extension of time beyond the 180 days allotted for performance, in case of delay caused by the fault of the plaintiff, or by the fault of neither party, and (2) a provision for postponement of the commencement of performance until after termination favorable to plaintiff of a pending suit for declaratory …
Constitutional Law-State Taxation Of Interstate Commerce -Validity Of Apportioned Capital Tax On Corporation Engaged Solely In Interstate Commerce, R. V. Wellman S.Ed.
Constitutional Law-State Taxation Of Interstate Commerce -Validity Of Apportioned Capital Tax On Corporation Engaged Solely In Interstate Commerce, R. V. Wellman S.Ed.
Michigan Law Review
Plaintiff gas company, a Delaware corporation, transported gas by pipe line across a section of Mississippi. Its activities in Mississippi admittedly did not constitute intrastate commerce and plaintiff had no agent for service of process in that state. Mississippi imposed a "franchise or excise" tax on all· corporations present in the state, measured by applying a specified rate against the value of the capital employed within its boundaries. This tax was in addition to, and independent of, the locally imposed ad valorem taxes levied against plaintiff's property. Alleging the franchise tax to be invalid under the commerce clause of the …
Corporations-Application Of Statutes Requiring That Corporate Business Be Managed By Board Of Directors, Bernard L. Trott
Corporations-Application Of Statutes Requiring That Corporate Business Be Managed By Board Of Directors, Bernard L. Trott
Michigan Law Review
In 1942, X corporation and its stockholders entered into an agreement whereby it was stipulated that the management of all theatres leased or operated by the X corporation, or any subsidiary thereof, would be placed in the hands of Y corporation, a large stockholder. This power of management was to include supervising and directing the buying and booking of all attractions, designating and changing the entertainment policy, hiring and discharging employees, and carrying out "such policies or projects as the Board of Directors of the Tenant or its subsidiaries may approve." This agreement was to be effective for a period …
Corporations-Particular Language And Circumstances Making Preferred Dividends Cumulative, Albert B. Perlin, Jr.
Corporations-Particular Language And Circumstances Making Preferred Dividends Cumulative, Albert B. Perlin, Jr.
Michigan Law Review
The Securities and Exchange Commission filed a plan and requested an order under the Public Utilities Holding Company Act of 1935 to carry out the dissolution of the X company, a Delaware corporation, whose sole income-producing asset was the common stock of the Y company, a Kentucky corporation. The dissolution plan contemplated distributing to the shareholders of the Delaware company its holdings of the Kentucky company stock according to a pro-rata distribution ratio, based on the Class A Common and Class B Common stock of the Delaware company. Certain holders of the Class A Common shares of the Delaware company …
Evidence-Hearsay-Admissibility Of History Statements In Hospital Record Under Business Entries Statute, Ralph E. Hunt
Evidence-Hearsay-Admissibility Of History Statements In Hospital Record Under Business Entries Statute, Ralph E. Hunt
Michigan Law Review
Plaintiff sued for injuries allegedly resulting when the door of defendant's bus closed on plaintiff's ankle as he was attempting to board the bus, throwing him to the ground. Defendant offered in evidence, under the Uniform Business Records as Evidence Act, in effect in Delaware, hospital records containing the entry: "Patient states he twisted ankle while walking along the street." The interne who treated plaintiff and qualified the records had no independent recollection of the statement. On appeal from judgment for defendant, held, the record was properly admitted, although no witness could testify of his own memory that he …
Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.
Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.
Michigan Law Review
The Attorney General, respondent, after finding that petitioners, one hundred and twenty Germans, endangered the public peace and safety of the United States by their adherence to an enemy government, issued removal orders for their deportation. Petitioners, while confined at Ellis Island, New York, filed petitions for writs of habeas corpus in the District Court for the District of Columbia challenging the removal orders on the basis that they exceeded statutory authority for their issuance. Respondent moved to dismiss because petitioners were not confined in the District of Columbia. The district court granted the motion and the court of appeals …
Federal Courts-Venue-Construction Of Sections 51 And 52 Of Judicial Code, Daniel W. Reddin Iii S.Ed.
Federal Courts-Venue-Construction Of Sections 51 And 52 Of Judicial Code, Daniel W. Reddin Iii S.Ed.
Michigan Law Review
Petitioner, a resident and citizen of Mississippi, brought a negligence action based upon diversity of citizenship in the Federal District Court for the Eastern District of Louisiana, joining as defendants Highways Insurance Underwriters, a Texas corporation qualified to do business in Louisiana, and respondents, Reich Brothers Construction Co., a partnership, and its individual members, residents of the Western District of Louisiana. Respondent, Reich Brothers, moved to dismiss on the ground of improper venue under sections 51 and 52 of the Judicial Code which in effect provide that in diversity cases, suit shall be brought only in the district where either …
Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.
Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.
Michigan Law Review
Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held …
Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed.
Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed.
Michigan Law Review
Following a breakdown in negotiations over contract extension, plaintiff union, the certified representative of defendant's employees, sued in a federal district court, alleging that defendant was guilty of an unfair labor practice under the Labor-Management Relations Act in refusing to bargain in good faith. An injunction was sought requiring defendant to bargain with the union. The district court overruled motions' to dismiss for lack of jurisdiction and granted the relief requested. On appeal, held, reversed. The district court lacked jurisdiction to entertain the suit. Amazon Cotton Mills Co. v. Textile Workers Union, (C.C.A. 4th, 1948) 167 F. (2d) …
Landlord And Tenant-Lessee's Covenant To Pay Taxes-Liability Of Assignee Who Has Reassigned, L. K. Cooperrider S.Ed.
Landlord And Tenant-Lessee's Covenant To Pay Taxes-Liability Of Assignee Who Has Reassigned, L. K. Cooperrider S.Ed.
Michigan Law Review
A 100-year lease contained the following covenant, " . . . lessee further agrees that he will, as additional rent, pay . . . all taxes and assessments . . . which shall, during said term, be levied, assessed, or otherwise imposed. . . The lessee 'agrees that he will pay such taxes . . . before any fine . . . may be added thereto for non-payment thereof." Defendant, assignee of the lessee, had reassigned on December 16, 1936; Plaintiff, lessor, sought to recover from him unpaid taxes for the calendar year 1936. In Minnesota, property taxes are assessed …
Taxation-Trust Income-Taxability To Person Other Than Settlor On Basis Of "Unfettered Command", L. K. Cooperrider S.Ed.
Taxation-Trust Income-Taxability To Person Other Than Settlor On Basis Of "Unfettered Command", L. K. Cooperrider S.Ed.
Michigan Law Review
Petitioner's father, who owned the entire capital stock of a manufacturing corporation, bequeathed a controlling interest therein to his wife and son, in equal shares. The widow transferred her shares in trust to a corporate trustee, the evident purpose being to vest in the son, petitioner here, the power to control the corporation. According to the terms of the trust the income was to be accumulated and added to the corpus for the joint lives of the settlor and petitioner, and after death of settlor to be disposed of according to the directions of petitioner. The shares were to be …
Wills-Bequests Of Annuities-Right Of Legatee To Receive Principal In Lieu Of Annuity, Daniel W. Reddin Iii S.Ed.
Wills-Bequests Of Annuities-Right Of Legatee To Receive Principal In Lieu Of Annuity, Daniel W. Reddin Iii S.Ed.
Michigan Law Review
Decedent left a will in which she made a bequest of $3000, $1000 to be paid in cash and the balance to be invested by her executor in annuities to be purchased from certain specified companies. In his final report, which was upheld by the district court, the executor expressed his belief that the legatee had the right under this will to elect either to receive the entire bequest in cash or to have the designated part invested in the specified annuities, and stated that since the legatee had elected to receive the cash, the entire $3000 would be distributed …
Corwin: Liberty Against Government, Michigan Law Review
Corwin: Liberty Against Government, Michigan Law Review
Michigan Law Review
A Review of LIBERTY AGAINST GOVERNMENT. By Edward S, Corwin .
Newman And Miller: The Control Of Atomic Energy, Michigan Law Review
Newman And Miller: The Control Of Atomic Energy, Michigan Law Review
Michigan Law Review
A Review of THE CONTROL OF ATOMIC ENERGY. By James R. Newman and Byron S. Miller.
Killingsworth: State Labor Relations Acts, Michigan Law Review
Killingsworth: State Labor Relations Acts, Michigan Law Review
Michigan Law Review
A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.
New Foreign Literature Of International Interest, Ernst Rabel
New Foreign Literature Of International Interest, Ernst Rabel
Michigan Law Review
A Review of New Foreign Literature of International Interest
White: The Federalists, Michigan Law Review
White: The Federalists, Michigan Law Review
Michigan Law Review
A Review of THE FEDERALISTS. By Leonard D. White.
Lester And Shister: Insights Into Labor Issues, Michigan Law Review
Lester And Shister: Insights Into Labor Issues, Michigan Law Review
Michigan Law Review
A Review of INSIGHTS INTO LABOR ISSUES. Edited by Richard A. Lester and Joseph Shister.
Selekman: Labor Relations And Human Relations, Michigan Law Review
Selekman: Labor Relations And Human Relations, Michigan Law Review
Michigan Law Review
A Review of LABOR RELATIONS AND HUMAN RELATIONS. By Benjamin M. Selekman.
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.
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.
Quasi-Contracts-Taxation-Rescission Of Gifts Where Gift Fails To Achieve Donor's Purpose Of Minimizing Federal Income Taxes, Charles M. Soller S.Ed., Edwin F. Uhl S. Ed.
Quasi-Contracts-Taxation-Rescission Of Gifts Where Gift Fails To Achieve Donor's Purpose Of Minimizing Federal Income Taxes, Charles M. Soller S.Ed., Edwin F. Uhl S. Ed.
Michigan Law Review
A recent Michigan case, Stone v. Stone, presents problems of complexity and far-reaching importance. The plaintiffs, husband and wife, each owned a one-half interest in a family business partnership, and each apparently reported a proportionate share of the partnership earnings for federal income tax purposes. For the purpose of further reducing taxes on the income of the family unit, each parent transferred a one-quarter interest in the partnership to one of their two minor children, and thereafter each parent and child filed separate income tax returns reporting one-fourth of the partnership earnings as individual income. Each parent, under a …
Contracts-Broker's Listing Agreement-Effect Of Lease Of Property By Owner, C. E. Becraft
Contracts-Broker's Listing Agreement-Effect Of Lease Of Property By Owner, C. E. Becraft
Michigan Law Review
Plaintiff, a broker, procured from defendant a listing agreement for the sale of defendant's property. Plaintiff produced a purchaser, ready, willing, and able to purchase the property, but defendant refused to convey inasmuch as he had leased the property after giving the listing agreement. The lessee refused to cancel the lease for less than $3,000. Plaintiff brought an action to recover his commission and defendant disclaimed liability as the execution of the lease was known to plaintiff and to the prospective purchaser before the offer to purchase was made. Held, defendant could not alter the plaintiff's rights by placing …
Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.
Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.
Michigan Law Review
In an action on an express contrast, plaintiff sued for $1750, representing the agreed 5 per cent commission on the sale of real estate. Defendant denied the validity of the contract, and there was no issue as to the amount of liability if liability existed. The instruction to the jury was that plaintiff was entitled to 5 per cent commission if entitled to recover. The jury returned a verdict for $875, half the amount claimed. Defendant's motion for a new trial was denied. Held, although the verdict was unauthorized as to plaintiff, there was no error as to defendant …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 46, Issue 8 of Michigan Law Review