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Articles 7681 - 7710 of 12807
Full-Text Articles in Entire DC Network
Contracts-Remedies For Misrepresentation-Measure Of Recovery, Richard J. Archer S.Ed.
Contracts-Remedies For Misrepresentation-Measure Of Recovery, Richard J. Archer S.Ed.
Michigan Law Review
In a preceding comment in this series, the various remedies affording relief for misrepresentation were examined for the purpose of determining what remedies are available in case of an innocent misrepresentation. Discussion was directed toward actions for damages for deceit, actions at law and in equity for restitution, the recovery of damages for breach of warranty, and the action based on the enforcement of representations on a theory of estoppel. The purpose of the present comment is to re-examine these remedies to determine what relief can be obtained by each of them, assuming for this purpose that all of the …
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Michigan Law Review
One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …
Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.
Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.
Michigan Law Review
The highest courts of Missouri and Michigan, and the Court of Appeals for the District of Columbia, had held that restrictions against occupancy of land by negroes were enforceable by injunction. On certiorari, held, reversed. Enforcement of such restrictions by state courts constitutes a denial of equal protection of the laws. Enforcement by courts of the District violates the Civil Rights Act of 1866, and also it is contrary to the public policy of the United States to allow a federal court to enforce an agreement which a state court could not constitutionally enforce. Shelley v. Kraemer, (U.S. …
Partnership-Effect Of Provision That Executor Of Deceased Partner Shall Continue Partnership As Partner, Irving Slifkin S.Ed.
Partnership-Effect Of Provision That Executor Of Deceased Partner Shall Continue Partnership As Partner, Irving Slifkin S.Ed.
Michigan Law Review
In a recent decision the Wisconsin Supreme Court upheld the validity of a provision in a partnership agreement to the effect that the personal representative of the deceased partner should continue the business as a partner, and also stated: "There is no doubt that a partner may provide by his will that the partnership shall continue notwithstanding his death." The deceased partner by his will gave to his executor broad discretionary powers of sale over all of his property. To his widow the deceased partner bequeathed a share of his interest in the partnership business. The executor of the deceased …
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Michigan Law Review
Petitioner was summoned to appear as a witness before one of Oakland County's judges who was then acting in the capacity of "one-man grand juror." This proceeding was attended only by petitioner, the judge grand juror, and two other circuit judges acting as advisers to the latter. The purpose was to investigate alleged misconduct on the part of law-enforcing officials through the acceptance of bribes in the form of sales of worthless "bonds" on pin-ball machines. Petitioner admitted purchasing these "bonds" but could. not recall just what he had done with them when they had expired. Concluding that the petitioner's …
Corporations-Residence Of Domestic Corporation For Purpose Of Venue Established By Location Fixed In Articles Of Incorporation, John M. Veale S.Ed.
Corporations-Residence Of Domestic Corporation For Purpose Of Venue Established By Location Fixed In Articles Of Incorporation, John M. Veale S.Ed.
Michigan Law Review
M Village in which D corporation conducted its business was partially in X County and partially in Y County. The county line bisected the village close to D's location, and in filing its articles of incorporation D had designated M Village, Y County as its residence. In fact, D's property and office were located is X County and when P began a suit against it in Y County, D moved to dismiss upon the ground that under the applicable statute D could be sued only in the county where it resided. P argued that D had at least …
Contracts--Specific Performance-Defense Of Hardship Caused By Defendant's Improvements After Giving Option To Purchase, Robert E. Anstaett
Contracts--Specific Performance-Defense Of Hardship Caused By Defendant's Improvements After Giving Option To Purchase, Robert E. Anstaett
Michigan Law Review
In a lease of plaintiff's corner lot to defendant corporation in 1941, the latter granted plaintiff a five-year option to purchase adjacent lots owned by defendant for $35,000, which was then a fair price. In 1945 defendant's officers, overlooking the option agreement, authorized construction of a warehouse on the adjacent property. After defendant had expended about $20,000 in the construction, plaintiff exercised her option by giving notice to defendant. Upon defendant's refusal to convey, plaintiff sued for specific performance. The trial court dismissed the complaint. Held, reversed and remanded with instruction to decree specific performance upon condition that plaintiff …
Discovery-Procurement Of An Order Requiring A Nonresident Plaintiff To Submit To An Oral Examination Within The State Before Trial, Ralph J. Isackson
Discovery-Procurement Of An Order Requiring A Nonresident Plaintiff To Submit To An Oral Examination Within The State Before Trial, Ralph J. Isackson
Michigan Law Review
Relator, a resident of Massachusetts, brought an action in Illinois against the Railway Express Company to recover damages for the negligent transportation of the relator's cattle. After the cause was at issue the Express Company's attorneys presented a motion to respondent, a superior court judge, requesting a court order directing the nonresident relator to appear before a notary public in Chicago for the purpose of an oral examination. The court granted the order, fixing a time and place for the taking of relator's deposition on oral interrogatories. Upon failure of the relator to appear, the court stayed proceedings for a …
Corporations-Right To Practice Optometry Through Licensed Employees, A. E. Anderson S.Ed.
Corporations-Right To Practice Optometry Through Licensed Employees, A. E. Anderson S.Ed.
Michigan Law Review
Defendant, an Oregon corporation engaged in a general optical business, employed in each of its stores a registered optometrist as manager. The optometrists were paid a flat salary and made examinations free of charge, whether eyeglasses were later purchased from defendant or not. The state commenced a proceeding to oust defendant of its corporate franchise on the ground that it was unlawfully engaged in the practice of optometry. The trial court dismissed the proceedings. On appeal, held, reversed. Because of the confidential relationship which exists between practitioner and patient, optometry must be classed as a profession, and it is …
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Michigan Law Review
Plaintiff, a tax assessor, sought to recover salary claims against a county, contending that compensation was payable under an act passed by the General Assembly but vetoed by the governor. An entry in the House journal reported delivery of the bill to the governor on March 5. The Assembly adjourned March 13, and the governor vetoed the bill March 28. An official receipt dated March 10 had been given for the bill by the governor's office. The Arkansas Constitution gives the governor five days within which to approve or disapprove the bill. If he fails to act, the bill becomes …
Eminent Domain-Effect Of Zoning Ordinances On Measure Of Damages, A. E. Anderson S.Ed.
Eminent Domain-Effect Of Zoning Ordinances On Measure Of Damages, A. E. Anderson S.Ed.
Michigan Law Review
In a proceeding to condemn land located in an area subject to zoning restrictions, defendant contended that in fixing value the adaptability for all possible uses should be considered whether or not such uses were forbidden by zoning ordinances. The trial court instructed the jury that it should consider only the uses to which the property was suitable and available. On appeal, held, affirmed. Long Beach City High School District v. Stewart, (Cal. 1947) 185 P. (2d) 585.
Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris
Future Interests - Statute Abolishing The Rule In Shelley's Case Applied To The Worthier Title Doctrine, Joseph W. Morris
Michigan Law Review
Plaintiff set up an irrevocable trust of $75,000 to pay the income to himself for life, and upon his death to distribute the remainder of the trust to his heirs at law according to the laws of succession of the State of California in existence at his death. He later brought suit to terminate the trust on the theory that the worthier title doctrine prevented the creation of a remainder in his heirs at law, and that as sole beneficiary of the trust, he was entitled to termination. Held, the worthier title doctrine was inapplicable because of a statute …
Insurance-Death Of Insured Resulting From Criminal Abortion- Right Of Beneficiary, R. V. Wellman
Insurance-Death Of Insured Resulting From Criminal Abortion- Right Of Beneficiary, R. V. Wellman
Michigan Law Review
Insured died as the result of a criminal abortion to which she had voluntarily submitted. The policies issued on her life contained a provision to the effect that no benefits should be payable or recoverable should the insured die as a result of a violation of law. The insurer resisted the action brought by the named beneficiary on the policy on two grounds: (a) The insured's death was caused by her violation of law; (b) Although the stated terms of the policy be held not to exclude the risk of death thus caused, it would be contrary to public policy …
Taxation-Estate Tax-Reservation Of Power To Amend Trust, Samuel N. Greenspoon S.Ed.
Taxation-Estate Tax-Reservation Of Power To Amend Trust, Samuel N. Greenspoon S.Ed.
Michigan Law Review
Settlor executed a trust indenture in 1915 whereby a trust was established for the benefit of his three minor children. Income was to be accumulated for the benefit of the three children until they respectively attained majority, and provision was made for the death of any child under 21 without surviving issue. The settlor then reserved "the power from time to time by an instrument in writing signed by me to amend this trust instrument so that it will more clearly express my actual intentions if I shall consider such amendments advisable, as to which I shall be the sole …
Nuisance-Liability For Injury Caused By Encroaching Tree Roots, L. B. Lea
Nuisance-Liability For Injury Caused By Encroaching Tree Roots, L. B. Lea
Michigan Law Review
Plaintiff and defendant were ad joining landowners. Roots of poplar trees on defendant's land extended onto plaintiff's premises, clogging the sewage system and extracting such nutritional value from the land as to injure her lawn and flower garden. Plaintiff brought an action for damages and equitable relief. Judgment was rendered for defendant on demurrer. On appeal, held, reversed. The encroaching roots constituted an actionable nuisance. Plaintiff was not limited to the self-help remedy of cutting the roots at the boundary line. Mead v. Vincent, (Okla. 1947) 187 P. (2d) 994.
Quasi-Contracts--Duress--Recovery Of Payments Made Under Economic Pressure, E.C. V. Greenwood
Quasi-Contracts--Duress--Recovery Of Payments Made Under Economic Pressure, E.C. V. Greenwood
Michigan Law Review
On September 1, 1939, plaintiff company, engaged in the business of refining, purchasing, transporting and selling gasoline and other petroleum products, entered into two written contracts with defendant retailer. One contract provided for purchase by defendant from plaintiff of real property by monthly installments totaling $32,000, and the other stipulated for purchase from plaintiff of all the gasoline and petroleum products handled by defendant for a period of five years from date. Defendant defaulted in the payment of monthly installments on the real estate contract, and plaintiff brought suit to recover the unpaid balance of $15,200 and sought foreclosure of …
Labor Law - "Channeling" The Duty To Bargain - Effect Of Violation Of "No-Strike" Clause In Existing Agreement, John F. Buchman S.Ed.
Labor Law - "Channeling" The Duty To Bargain - Effect Of Violation Of "No-Strike" Clause In Existing Agreement, John F. Buchman S.Ed.
Michigan Law Review
Employer and union had an existing collective agreement which provided detailed procedures for adjusting grievances, including arbitration as the final step, and contained a no-strike clause. Disputes arose concerning action taken by the employer affecting working schedules, overtime work, and other conditions of employment without consulting the union; and disciplinary measures were taken against certain employees in pursuance of the new working rules. The union finally called a strike, without filing grievances according to the contract procedure on the disputes which were the immediate causes of the strike. The employer discontinued hearings on two pending grievances and refused to negotiate …
Taxation - I.R.C. Section 115 (G) -Transaction Equivalent To Taxable Dividend, Bayard E. Heath S.Ed.
Taxation - I.R.C. Section 115 (G) -Transaction Equivalent To Taxable Dividend, Bayard E. Heath S.Ed.
Michigan Law Review
P and B owned all the outstanding shares of X Corporation. In 1937 P purchased B's shares and gave as consideration his notes bearing maturity dates varying from one to ten years. Two years later P transferred these shares to X Corporation, to be held as treasury stock, in return for the corporation's promise to discharge P's obligations to B as they matured. Pursuant to this agreement X paid $5,000 to B in discharge of one of P's notes. The commissioner treated this payment as a taxable dividend to P under section 115 (g) of the Internal …
Wills-Preference For Vesting Under Joint And Mutual Will, L. K. Cooperrider S.Ed.
Wills-Preference For Vesting Under Joint And Mutual Will, L. K. Cooperrider S.Ed.
Michigan Law Review
Chadwick and his wife executed in 1928 a joint and mutual will containing an express agreement that it should not be changed except by the agreement of both parties. The will then devised and bequeathed "unto the survivor of us . . . all of the property real or personal--of which we may die seized or possessed . . . and the survivor of us in accepting under the will shall be bound to carry out the provisions hereinafter and heretofore set forth. To have and to hold such property and and estate unto the survivor of us, for and …
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 departments lists the articles and comments which appear in twenty-four leading law reviews. The index embraces material published since the last issue of this REVIEW.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 46, Issue 6 of Michigan Law Review
Constitutional Law - War Contracts - Effect Of Constitutional Issues On The Exhaustion Of Administrative Remedies Doctrine, Richard V. Ehrick
Constitutional Law - War Contracts - Effect Of Constitutional Issues On The Exhaustion Of Administrative Remedies Doctrine, Richard V. Ehrick
Michigan Law Review
Plaintiff, a manufacturer of war materials under subcontracts with government contractors, filed suit in the District Court for the District of Columbia requesting a declaratory judgment holding the First and Second Renegotiation Acts unconstitutional and, as a consequence thereof, injunctive relief from threatened action by the defendants to recover alleged excessive profits. The district court dismissed the complaint on the grounds (1) that the suit was premature, plaintiff having failed to exhaust the prescribed administrative procedure, and (2) that the available legal and administrative remedies were adequate, the right to equitable relief not being established either on the basis of …
Landlord And Tenant-Lease Covenant Against Unlawful Business, Bruce L. Moore S.Ed.
Landlord And Tenant-Lease Covenant Against Unlawful Business, Bruce L. Moore S.Ed.
Michigan Law Review
In an action to dispossess defendants of certain leased property, plaintiff alleged that defendants breached an express covenant in the lease by which defendants covenanted that they would use the premises for a store, and would not use the premises "for any unlawful business or purpose whatever." Defendants used the premises for a general mercantile store, operating under the trade name "Stop 'N Shop." In so doing, defendants failed to comply with a statute which provided that "It shall be unlawful for any person to engage in a business . . . under any name which does not plainly show …
Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed.
Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed.
Michigan Law Review
Appellant owns and operates two steamships for transportation of its patrons between Detroit and Bois Blanc Island, part of the Province of Ontario, Canada. The island is owned by appellant and operated as an amusement and recreation center for the people of Detroit. For refusal to transport a negro girl, appellant was prosecuted and convicted under the Michigan Civil Rights Act which provides that "All persons within the jurisdiction of this state shall be entitled to full and equal accommodations . . . facilities and privileges . . . of public conveyances on land and water . . . ," …
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Michigan Law Review
The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.
Definiteness And Particularity In Patent Claims, William Redin Woodward
Definiteness And Particularity In Patent Claims, William Redin Woodward
Michigan Law Review
To the uninitiated the professional jargon of patents, and particularly of patent claims, is somewhat mystifying even in the most ordinary cases. The profession likes to define the elements of apparatus as "means" for this, "means" for that and "means" for the other. Words like "plurality," "predetermined" and "comminuted" find remarkably frequent use by patent attorneys. And the habit of using out-of-the-way verbiage may lead the practitioner by force of habit to pass over a simple term like "sleeping car" in favor of a more elaborate phrase like "a communal vehicle for the dormitory accommodation of nocturnal viators." But it …
Bills And Notes-Imposters In The Law Of Bills And Notes, Ralph W. Aigler
Bills And Notes-Imposters In The Law Of Bills And Notes, Ralph W. Aigler
Michigan Law Review
Two crooks, Baron and Brasch, now apparently residents of the New Jersey penitentiary, yielded to the temptation to acquire money by supposedly easy means. They selected as their victim a Miss Russell, a retired school teacher with more cash than is usual in the cases of people with her background. She seems to have had a strong leaning towards charitable contributions, and it was this trait which commended her to Baron and Brasch.
Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.
Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.
Michigan Law Review
The right of the negro to vote has constantly been challenged in attempts to destroy or at least to control the exercise of that right. The Fifteenth Amendment secures the right to vote free from interference on a racial basis by the states or the national government. In the states where there is a large negro population varied efforts have been attempted in order to control and nullify the negro vote. These efforts have been manifested in various forms-the grandfather clause, property ownership requirements, the poll tax, character tests, and literacy tests.
Quasi-Contracts-Recission-Liability And Remedies For Innocent Misrepresentation, Bruce L. Moore S.Ed.
Quasi-Contracts-Recission-Liability And Remedies For Innocent Misrepresentation, Bruce L. Moore S.Ed.
Michigan Law Review
A number of courts and most writers recognize the existence of three types of misrepresentation. One type is described as intentional, a second type as negligent, and a third type as innocent. An innocent misrepresentation may be defined as one believed to be true and made without negligence, but false in fact.