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Articles 7861 - 7890 of 12807
Full-Text Articles in Entire DC Network
Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed.
Federal Courts-Forum Non Conveniens Applied In Negligence Action, Edward S. Tripp S.Ed.
Michigan Law Review
ln a Federal District Court in New York, plaintiff, a resident of Virginia, sued defendant, a Pennsylvania corporation doing business in New York and Virginia, for negligent destruction of plaintiff's warehouse in Virginia. Defendant moved to dismiss on the ground that suit in New York would not be proper because neither plaintiff nor defendant was a resident of New York, the cause of action arose in Virginia, and because suit in New York would work great hardship on defendant since it would be unable to compel the attendance of material witnesses resident in Virginia, nor could it join, as defendant, …
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Michigan Law Review
Plaintiff, a resident of New York, and a policyholder in defendant Illinois corporation, brought a suit in the United States District Court in New York to force one of defendant's directors and another corporation to account to defendant for alleged waste of its corporate assets. Defendant moved for dismissal on the grounds that the suit would involve interference with the internal affairs of a foreign corporation, and that. the suit in New York would work great hardship, since the defendant would be required to transport many records and witnesses from Illinois to New York at great expense. The suit was …
Future Interests-Powers Of Appointment-Formalities Required For Release, George A. Rinker S.Ed.
Future Interests-Powers Of Appointment-Formalities Required For Release, George A. Rinker S.Ed.
Michigan Law Review
Deceased had a general testamentary power of appointment over the corpus of a trust, which provided for a gift over to his heirs in default of appointment. Prior to his death, he executed a written document, under seal and for consideration, whereby he released the power, and further covenanted with the trustee who held the property, and with the individual takers in default, that he would not thereafter attempt to exercise the power. He delivered the document to the trustee, for itself, and as trustee for each individual taker in default. Held, the transaction effected a valid release of …
Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.
Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.
Michigan Law Review
At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …
Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed.
Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed.
Michigan Law Review
Plaintiff, manager of defendant's mechanical division under a contract requiring him to devote all his efforts to this employment and providing that he would share the profits and losses of the division equally with defendant as his only compensation, sued to recover a balance of $42,991.90 in his favor after his discharge by defendant. The contract provided that on "any termination" of plaintiff's employment his account should be adjusted and any credit balance paid him, but defendant contended that plaintiff had forfeited his right to compensation by secretly engaging in a partnership in competition with defendant. The trial court found …
Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed.
Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed.
Michigan Law Review
In 1901, pursuant to an agreement for care and support, A conveyed land to his wife. After his wife's death in 1924, A supported himself for twelve years until he suffered a paralytic stroke, after which his son Adolph supported him and furnished constant care. The other children, including Charles, refused to aid Adolph financially or otherwise. After A's death, Charles petitioned in equity for a decree declaring the lien of his father on the land terminated by death. Adolph opposed, claiming a lien on the land for the value of support and care rendered to A. The …
Trusts--Constructive Trust--Tracing Funds Into The Hands Of An Innocent Payee-Antecedent Debt As Value, James R. Bliss S.Ed.
Trusts--Constructive Trust--Tracing Funds Into The Hands Of An Innocent Payee-Antecedent Debt As Value, James R. Bliss S.Ed.
Michigan Law Review
Plaintiffs advanced $3,200 to X intending to make a loan to Y secured by Y's note and mortgage. X delivered to plaintiffs a note and mortgage to which he had forged Y's name, and deposited $3175 of the money in his personal bank account, which theretofore had shown a balance of $7.09. Two days later, and before any other deposits were made, X withdrew $1000 from his account by check, with which he purchased a draft payable to defendant. This he delivered to defendant in satisfaction of a debt he owed defendant. Eighteen months later X died, plaintiffs …
Municipal Corporations-Validity Of "Piecemeal" Zoning As Applied To Building Under Construction, Robert J. Walsh S.Ed.
Municipal Corporations-Validity Of "Piecemeal" Zoning As Applied To Building Under Construction, Robert J. Walsh S.Ed.
Michigan Law Review
Shortly after plaintiff obtained a building permit and commenced work on the excavation for a laundry and dry-cleaning plant in an unzoned section of the City of Huntsville, the city adopted a new zoning ordinance which limited to residential uses an area of approximately two blocks in which plaintiff's property was situated. On appeal from a decree dismissing a bill to enjoin enforcement of the new zoning ordinance, held, reversed. Since the enabling statute required that zoning regulations should be adopted in accordance with a comprehensive plan, an ordinance which did not zone the whole municipality was void. Johnson …
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of A DECLARATION OF LEGAL FAITH. By Wiley Rutledge.
Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed.
Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed.
Michigan Law Review
A Review of A CONCISE HISTORY OF THE LAW OF NATIONS. By Arthur Nussbaum.
Jessup: The International Problem Of Governing Mankind, John E. Grosboll S.Ed.
Jessup: The International Problem Of Governing Mankind, John E. Grosboll S.Ed.
Michigan Law Review
A Review of THE INTERNATIONAL PROBLEM OF GOVERNING MANKIND. Phillip C. Jessup.
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of MEN OF LAW FROM HAMMURABI TO HOLMES. By William Seagle.
Notes, Michigan Law Review
Notes, Michigan Law Review
Michigan Law Review
This department undertakes to list and when possible, describe briefly current books on law and matters closely related thereto.
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 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 45, Issue 8 of Michigan Law Review
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Michigan Law Review
For some lawyers, perhaps, the term "Restitution," as a title in the classification of our law, sprang Athena-like from the head of the American Law Institute, when, in 1937, it published The Restatement of the Law of Restitution. Yet the subject matter included under this title is far from new; it is simply a grouping together of the common law Quasi Contract--the "contract implied in law" of an earlier day--and the corresponding right to equitable relief to prevent an unjust enrichment. Although the name may be unfamiliar its importance is indicated by the following statement by Lord Wright.
A New Phase Of The Antitrust Law, Robert W. Harbeson
A New Phase Of The Antitrust Law, Robert W. Harbeson
Michigan Law Review
The divergence between the economic and legal concepts of monopoly and the consequences thereof have been emphasized by various writers in recent years. Monopoly in economics means control of the market; that is, the ability of a seller by increasing or decreasing his output to affect the price of the product sold. Moreover, monopoly is recognized as being a matter of degree, depending upon the number of buyers and sellers of a commodity and the availability of adequate substitutes, ranging from pure monopoly through duopoly, oligopoly and monopolistic competition. By contrast, as Professor Mason has pointed out, "The term monopoly …
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.
Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson
Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson
Michigan Law Review
It is the purpose of this comment to examine various possibilities of federal action which would help to bring about unification, simplification and clarification in the field of commercial law. The term "commercial law" has no commonly accepted connotation; it is taken here to ·include the law of transfers of personal property by commercial methods, of negotiable instruments, of chattel securities, of agency and of business associations; in short, all those fields of law which a Continental lawyer would term "private commercial law."
Bills And Notes-Indorsement In Blank Followed By Special Indorsement, J. R. Swenson
Bills And Notes-Indorsement In Blank Followed By Special Indorsement, J. R. Swenson
Michigan Law Review
Plaintiff purchased a cashier's check from X Bank payable to himself. He indorsed the check in blank and immediately below stamped it, "Pay to the order of Bank of America, National Savings and Trust Association, S. & R. Produce Co." Plaintiff then gave the check to one R with whom he had agreed to enter into business under the name of the S. & R. Produce Company. R took the check to Y Bank which at his request blocked out the special indorsement without the knowledge or consent of plaintiff. R then indorsed the check and deposited it to his …
Evidence-Uncontradicted Testimony, Robert L. Cardon S.Ed.
Evidence-Uncontradicted Testimony, Robert L. Cardon S.Ed.
Michigan Law Review
The great majority of jurisdictions in the United States recognize the rule that in civil cases "clear, positive, direct and undisputed testimony, not improbable or contradictory, given by an unimpeached witness, cannot be rejected or disregarded by either court or jury, unless the evidence discloses facts and circumstances which furnish a reasonable ground for so doing." It is the purpose of this comment to discuss (1) the reasons underlying this rule, and the extent to which it is recognized, rejected or limited in various jurisdictions; (2) the application of the rule to fact situations in jurisdictions where it is recognized.
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Michigan Law Review
On May 16, 1932, petitioner, then seventeen years of age, was arraigned, tried, convicted of murder in the first degree and sentenced to life imprisonment. Petitioner was without legal assistance throughout these proceedings, was never advised of his rights to counsel, was never informed of the consequences of a guilty plea and, as disclosed by the record, was considerably confused as to the effect of such plea. In 1945, he moved for leave to file a delayed motion for new trial in the court in which he was convicted, on the ground that there had been serious impairment of his …
Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Michigan Law Review
To represent the defendant, accused of robbery, the court at public expense, appointed an attorney, designated the "public defender." After conviction, the defendant, by another attorney, petitioned for a writ of error coram nobis on the ground that his attorney had made only a perfunctory defense because of his incompetence and negligence. The petition having been denied in the circuit court, the defendant appealed to the Indiana Supreme Court. Held, affirmed. When the record shows no incompetence or negligence on the part of the defense counsel prejudicial to the accused, a writ of error coram nobis will not be …
Gifts--Banking--Gift Of Joint Savings Bank Deposits, Ira M. Price, Ii
Gifts--Banking--Gift Of Joint Savings Bank Deposits, Ira M. Price, Ii
Michigan Law Review
A, the mother of B, transferred three savings bank deposits from her sole account to the account of "A or B-either or survivor." Two of the depositors' signature cards contained this language: ''We hereby certify that this account and all moneys to be credited to it belong to us as joint tenants, and will be the absolute property of the survivor of us." There was evidence that one of the reasons for A's transferring her deposits to the joint account was to enable B to draw money therefrom for A while A was in the …
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Michigan Law Review
Previous to the enactment of the Fair Labor Standards Act, respondent had paid its employees monthly salaries for work schedules which fluctuated from week to week according to the demands of business. After the effective date of the act, respondent sought to comply with section 7 (a), requiring the payment of one. and one half times the "regular rate" of compensation for hours worked above the statutory maximum, by adopting new employment contracts which guaranteed weekly salaries equivalent to the former compensation and fixed an hourly rate which, multiplied by the maximum hours permitted by the act and by one …
Taxation-Mitigation Of The Statute Of Limitation And The Doctrine Of Recoupment, Eugene H. Lattin S.Ed.
Taxation-Mitigation Of The Statute Of Limitation And The Doctrine Of Recoupment, Eugene H. Lattin S.Ed.
Michigan Law Review
Excise taxes on the sale of batteries were illegally collected from taxpayer from April, 1919 to April, 1926. In 1926 taxpayer filed a claim for refund for taxes paid between 1922 and 1926. Refund for the payments made earlier was barred by the statute of limitations. In 1935 the refund was received, and it was taxed as income by the commissioner. In a suit by the taxpayer to recover payment of the assessment, the lower court permitted recoupment, against the income tax deficiency, of the amount of excise taxes illegally collected between 1919 and 1922. Held, reversed. The recoupment …
Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.
Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.
Michigan Law Review
Plaintiff's decedent, an infant twenty years of age, owned an automobile which was being driven by a lad of seventeen at the request of decedent who, with a girl companion, occupied the rear seat of the automobile. The infant driver did not have a driver's license. Plaintiff, as administratrix of the estate of the decedent brought an action under the Death Act for damages arising from the death of the decedent which occurred as a result of a collision between the automobile and defendant's locomotive. There was evidence bearing upon the defendant's negligence and negligence on the part of the …
Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore
Trusts-Language Of Condition In Inter Vivos Conveyance Construed As A Trust, Bruce L. Moore
Michigan Law Review
Grantor conveyed certain real property to plaintiff by deed "subject to the following conditions: That upon my death, the Grantee must pay to my Grand Children out of my estate, the sums of money indicated after each name," the amount to be paid totaling $5,000. By this deed grantor transferred practically all of the property of which she was possessed, so that upon her death she left an estate of but $100. Without having paid any part of the amount stipulated in the deed, grantee commenced suit to quiet title as against the named grandchildren, who in .turn counterclaimed. In …
Wills--Construction-Testamentary Intent, J. R. Swenson
Wills--Construction-Testamentary Intent, J. R. Swenson
Michigan Law Review
In a will drawn for her by a layman, testatrix inserted in her own words a clause reading, "It is my belief that 120 acres . . . owned by my deceased husband, John Cagley, subject to a life estate willed to me, be distributed to his four nieces and nephews . . . . " In fact, her husband's will had not specifically disposed of the remainder, and testatrix had in addition to the life estate, taken the remainder as residuary devisee. Held, The clause was a valid devise of the property to the four named beneficiaries. Layton …
Workmen's Compensation--"Arising Out Of Employment"--Death Resulting From Voluntarily Arranged Fight, John F. O'Connor S.Ed.
Workmen's Compensation--"Arising Out Of Employment"--Death Resulting From Voluntarily Arranged Fight, John F. O'Connor S.Ed.
Michigan Law Review
On the first day of his employment as a messenger boy, in the course of being instructed in his duties and shown over his route, the deceased met a fellow employee with whom he voluntarily arranged a fight. There was evidence that the fight was induced by the fellow employee's braggadocio as to his pugilistic ability which culminated in a challenge to the deceased. The encounter took place on a public street. The deceased sustained injuries therefrom which aggravated an existing infirmity and caused his death. From an award of death benefits by the Workmen's Compensation Board, the employer appealed. …