Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Michigan Law Review

Discipline
Keyword
Publication Year
File Type

Articles 8551 - 8580 of 12807

Full-Text Articles in Entire DC Network

Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree Mar 1942

Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree

Michigan Law Review

Several of the plaintiffs owned oil-producing land in Oklahoma and had leased it to one Briggs. The lease ran for a fixed term and "so long thereafter as oil or gas may be produced therefrom by the lessee." It provided for a royalty payment to the lessor of one-eighth of the oil or gas produced, and gave the lessee the right "at any time" to remove all machinery and equipment placed on the premises, including the right to draw and remove the casing. Briggs sold the equipment thereon to defendant and later sold the lease itself to one of the …

Go to article

Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review Mar 1942

Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review

Michigan Law Review

Defendant, a department store, signed plaintiff's name without his knowledge or consent to a telegram which it caused to be sent to the governor of Oregon. The telegram urged the veto of a bill which, had it become law, would have prevented defendant from continuing the practice of optometry. Plaintiff brought suit to recover damages for the invasion of his right of privacy. Held, on appeal from the lower court's judgment sustaining defendant's demurrer, that the complaint stated a cause of action. Hinish v. Meier & Frank Co., (Ore. I94I) I I3 P. (2d) 438.

Go to article

Taxation - Income Tax - A Fixed Investment Trust As A Taxable Association, Harry M. Nayer Mar 1942

Taxation - Income Tax - A Fixed Investment Trust As A Taxable Association, Harry M. Nayer

Michigan Law Review

Bonds of a prescribed kind were deposited in an investment trust with defendant, who issued certificates representing equal undivided interests in the trust corpus. Additional interests were created by the deposit of eligible bonds and sufficient cash to make up the current value of an interest, and all such bonds and cash were commingled. The depositor was not confined in making up the new units to the same kinds of bonds that were used in the original units, but could vary them in his discretion. The depositor could order the elimination of unsound bonds by sale, and the proceeds of …

Go to article

Wills - Effect Of Codicil To Holographic Will Which Had Previously Been Revoked By An Attested Instrument, Charles G. Schwartz Mar 1942

Wills - Effect Of Codicil To Holographic Will Which Had Previously Been Revoked By An Attested Instrument, Charles G. Schwartz

Michigan Law Review

In June, 1927, testator executed a holographic will leaving his estate to the defendant, a second cousin. The following year he executed a duly attested will giving his estate, consisting of an undivided interest in realty, to his wife, and containing an express clause revoking all former wills. His final testamentary act was to add an annotation to the holographic will, set off by a rough bracket, bequeathing one dollar each to his wife and his niece. The codicil to the holographic will was dated, signed, and in his own handwriting. Held, the holographic will, together with the codicil, …

Go to article

Book Notes, Michigan Law Review Mar 1942

Book 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.

Go to article

Front Matter, Michigan Law Review Feb 1942

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 40, Issue 4 of Michigan Law Review

Go to article

Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie Feb 1942

Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie

Michigan Law Review

It is not an uncommon practice for a testator to make a gift on the condition that the devisee pay to other legatees certain sums specified by the will. For example, testator devises Blackacre to A on the condition that A pay to B $500. Simple as the plan may seem at first glance, it has given rise to several complex questions regarding the legal relationship between A and B. Is A personally liable to B? If there is a personal liability, is A obligated to pay $500 even though Blackacre may have so depreciated in value that …

Go to article

Banks And Banking - Immunity Of National Banks From State Escheat Statute, Spencer E. Irons Feb 1942

Banks And Banking - Immunity Of National Banks From State Escheat Statute, Spencer E. Irons

Michigan Law Review

A Michigan statute provided that bank deposits, in the possession or control of insolvent banks, which have remained inactive for a period of seven years or more shall escheat to the state. In a suit for a declaratory judgment, filed by the Attorney General of Michigan, against the receiver of an insolvent national bank and the Comptroller of the Currency of the United States, the federal district court held that the receiver must turn over deposits coming within the terms of the statute. Held, the statute is invalid if so applied, since it would constitute an unlawful interference with …

Go to article

Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams Feb 1942

Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams

Michigan Law Review

Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …

Go to article

Corporations - Voting Rights - Effect Of Sale Of Stock While Books Closed, Louis C. Andrews Jr. Feb 1942

Corporations - Voting Rights - Effect Of Sale Of Stock While Books Closed, Louis C. Andrews Jr.

Michigan Law Review

In a statutory action brought by a stockholder to determine the validity of an election of directors, it appeared that proxy votes of 6,856 shares had been accepted by the inspectors although these proxies were given by former owners who had sold the shares since the giving of the proxies and during the twenty days immediately preceding the election. During that twenty-day period, stock transfers registered with the corporation would have had the effect of disfranchising the stock, but none of the 6,856 shares had been offered for registration. By using these proxy votes the shareholders opposing the management were …

Go to article

Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review Feb 1942

Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review

Michigan Law Review

Plaintiffs sought a permanent injunction against the procurement by defendant. of a judgment upon a workmen's compensation award, on the ground that defendant had obtained the award through the perjured testimony of himself and his witnesses. The false testimony was claimed to be a fraud upon the department of labor and industry as well as upon the plaintiffs. The lower court dismissed the bill as failing to state a cause of action. Held, dismissal affirmed since perjury is an intrinsic fraud, and equitable relief will not be given. Fawcett v. Atherton, 298 Mich. 362, 299 N. W. 108 …

Go to article

Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin Feb 1942

Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin

Michigan Law Review

Plaintiff brought suit to enjoin the enforcement of the zoning laws of the city of Miami Beach. His property was in a zone reserved for apartment hotels and first-class family residences, but adjacent to an area in which business structures were allowed. Plaintiff sought to erect structures of a business character on his property, despite the zoning law. Held, the zoning law is sustained, for plaintiff's property rights must yield to the interest of the community in maintaining the attractiveness of this resort area. City of Miami Beach v. Ocean & Inland Co., (Fla. 1941) 3 So. (2d) …

Go to article

Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review Feb 1942

Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review

Michigan Law Review

A federal land bank filed a complaint against defendant lumber company and the tax commissioner seeking exemption from a state sales tax on purchases of lumber by the bank. The Supreme Court of North Dakota found the bank liable for the tax and on certiorari to the United States Supreme Court it was held, that the Federal Farm Loan Act conferred express immunity from the tax upon the bank and that such Congressional exemption was constitutional by virtue of the "necessary and proper" clause. Federal Land Bank of St. Paul v. Bismarck Lumber Co. (U.S. 1941) 62 S. Ct. …

Go to article

The Popularization Of Law, Huntington Cairns Feb 1942

The Popularization Of Law, Huntington Cairns

Michigan Law Review

Law has been a major interest of the Western, and particularly the European, mind. Like physics it has provided a subject matter upon which many of the resources of the human intellect may be tested. It has yielded to many methods and, as a specialty with a circumscribed body of material, it has demanded the formulation of clear ideas so that interconnections are manifest and irrelevancies eliminated. Its great reward is the bestowal of the sense for style, which Whitehead has termed the ultimate morality of mind, and which is the product of specialization alone.

Go to article

Tax Definition Of Reorganization: Mergers And Consolidations, Hugh B. Kuder Jr. Feb 1942

Tax Definition Of Reorganization: Mergers And Consolidations, Hugh B. Kuder Jr.

Michigan Law Review

In connection with income taxation, some importance is attached to the difference between mergers and consolidations. The difference may be of import in deciding whether or not income has been realized. Too, when the resulting corporation files a return, it may be necessary to determine whether it is the product of a merger or of a consolidation.

Go to article

Reform Of Administrative Procedure, Gilbert H. Montague Feb 1942

Reform Of Administrative Procedure, Gilbert H. Montague

Michigan Law Review

On January 22, 1941, the Attorney General's Committee on Administrative Procedure, appointed to investigate the need for procedural reform in various federal administrative tribunals and to suggest improvements therein, submitted its final report and a proposed bill to Attorney General Jackson, who on January 24, 1941, transmitted these to the Senate with his recommendation that the proposed bill receive favorable consideration. Every member of the committee approved this report and this proposed bill, but the approval of four members of the committee was subject to their additional views and recommendations, expressed in statements and in a differing proposed bill. Pending …

Go to article

Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder Feb 1942

Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder

Michigan Law Review

Plaintiff was granted a pardon upon the condition that if he failed to conduct himself as a useful, upright and law-abiding citizen, he could be rearrested and reconfined at the discretion of the Governor. The Governor made an ex parte revocation and plaintiff was returned to the penitentiary. The action of the Governor was sustained in the state courts. Plaintiff brings habeas corpus in the federal court. Held, plaintiff had a constitutional right to be heard and the denial of this right was in violation of the due process clause of the Fourteenth Amendment. Fleenor v. Hammond, (C. …

Go to article

Damages - Breach Of Contract - Right To Compete In A Contest, Michigan Law Review Feb 1942

Damages - Breach Of Contract - Right To Compete In A Contest, Michigan Law Review

Michigan Law Review

Defendant organized a contest whereby the public was invited to guess the number of beans in a jar, the fifteen persons submitting the answers most nearly correct to be entitled to become participants in a "quiz contest" in which the prize was an automobile to be awarded to "the person who is the last to be eliminated." The participants drew for the order in which they were to be questioned, the plaintiff drawing first position. On the fourth round of questions the plaintiff missed the question put to him, and then the other contestant failed to answer correctly, whereupon the …

Go to article

Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review Feb 1942

Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review

Michigan Law Review

A manufacturer of burglar alarm systems installed one in complainant's retail haberdashery store, and entered into an agreement, renewable annually, for maintenance of the apparatus. In furtherance of a strike against the manufacturer of the alarm, defendant union representatives picketed complainant's store in a peaceful and orderly manner, carrying signs which read, "Maintenance of Burglar Alarm in this store unfair to Local No. 3." Defendants were convicted of disorderly conduct tending to a breach of the peace under the New York Penal Code. Held, on appeal from reversal of such convictions by the court of special sessions, reversal affirmed. …

Go to article

Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff Feb 1942

Divorce - Alimony - Enforcement And Interpretation Of Foreign Decree For Payment Of Alimony In Installments, David Davidoff

Michigan Law Review

Plaintiff brought suit in Georgia to enforce a final divorce decree obtained by her husband in Florida. The decree granted plaintiff $30 a week for the support of herself and three minor children placed in her custody. It further provided that if the plaintiff should remarry, the weekly payments should be reduced to $22.50, and that when any child married or reached maturity, the weekly payments should be reduced $7.50 for each such child. Plaintiff sought to recover $30 per week for 129 weeks. Her husband claimed that plaintiff should recover only $7.50 per week for her own support because …

Go to article

Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review Feb 1942

Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review

Michigan Law Review

In an action for malpractice, after the plaintiff had rested, defendant moved for a directed verdict. In response to an inquiry as to how he intended to rule upon the motion, the trial judge indicated that he would have to grant the motion. Plaintiff then moved for a voluntary nonsuit, but the judge proceeded to direct a verdict for the defendant. He later granted a motion to vacate the order directing a verdict and to set aside the verdict and judgment. Defendant sought mandamus to compel the trial judge to reinstate the directed verdict and judgment. Held, that under. …

Go to article

Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review Feb 1942

Insurance - Defenses Of Liability Insurer Against Third Party Injured By Assured Under Statute Giving Injured Party Right Of Action Against Insurer - Constitutionality, Michigan Law Review

Michigan Law Review

Plaintiff, having recovered a judgment against insured defendant for injuries sustained in an automobile accident, filed a supplemental bill against defendant's insurer to recover the 'insurance money. The statute granting plaintiff this right provides that whenever damage occurs for which the insured is responsible, the liability of the insurer "shall become absolute," and upon his obtaining a judgment against the assured, the injured person shall be entitled to have the insurance money applied to satisfy the judgment. The insurer defended on the ground that the insured violated a condition of the policy by failing to cooperate in the defense of …

Go to article

Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review Feb 1942

Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review

Michigan Law Review

The plaintiff and her companion, both unaware of the defendant's approaching automobile, negligently drove onto a highway along which the defendant was driving at a high rate of speed. When thirty to forty feet away from the plaintiff, the defendant sounded his horn, applied the brakes, and swerved his car, but was unsuccessful in avoiding the collision. The trial court directed a verdict for the defendant. Held, judgment for the defendant reversed since the jury might have found: that defendant should have realized plaintiff's danger when he was one hundred and twenty feet away from the plaintiff; that although …

Go to article

Public Utilities - Methods Of Valuation - Prudent Investment As The Sole Method, Jay W. Sorge Feb 1942

Public Utilities - Methods Of Valuation - Prudent Investment As The Sole Method, Jay W. Sorge

Michigan Law Review

The state board of railroad commissioners, in reducing the rates of the plaintiff utility, adopted a valuation based on the "'prudent investment" theory, claiming that under a statute of the state such method of valuation had to be used. Plaintiff urged that valuation should have been measured by reproduction cost minus depreciation. Held, valuation by the commission was improper, since the statute did not authorize the use of the "prudent investment" theory as the sole standard. Northern States Power Co. v. Board of Railroad Commissioners, (N. D. 1941) 298 N. W. 423.

Go to article

Specific Performance - Effect Of A V Endor's Breach Of A Collateral Agreement, Michigan Law Review Feb 1942

Specific Performance - Effect Of A V Endor's Breach Of A Collateral Agreement, Michigan Law Review

Michigan Law Review

The vendor sought specific performance of a land contract containing the following clause, "On default by the buyer, the binder shall be retained by the seller, but if the seller shall be unable to make conveyance as above stipulated then the binder shall be returned and all obligations shall cease." It was agreed orally by the parties that the vendor would help the vendee finance the purchase. The vendor did provide the vendee with an application for a mortgage from a bank, but the bank did not promise to take the mortgage. Held, specific performance should be refused, both …

Go to article

Monthly Periodical Index, Michigan Law Review Feb 1942

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.

Go to article

Taxation -- Taxing Income From Short-Term Family Trust To Settlor, William H. Shipley Feb 1942

Taxation -- Taxing Income From Short-Term Family Trust To Settlor, William H. Shipley

Michigan Law Review

In 1931 a settlor executed a deed of trust and transferred securities to the trustees, who were also the settlor's lawyers. The trustees were to pay the income to the settlor's wife, children and mother-in-law. The duration of the trust was six years and sixteen days, but it was provided that the trust would terminate before that time if the settlor or his wife died. At the termination of the trust the corpus was to be returned to the settlor. The settlor reserved no power to remove the trustees or to modify or revoke the trust or to control the …

Go to article

Book Notes, Michigan Law Review Feb 1942

Book 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.

Go to article

Revocation Of Wills By Subsequent Change In The Condition Or Circumstances Of The Testator, Elizabeth Durfee Jan 1942

Revocation Of Wills By Subsequent Change In The Condition Or Circumstances Of The Testator, Elizabeth Durfee

Michigan Law Review

Among the oldest rules in the law of wills are those by which a will is held to be revoked by implication by certain changes in the circumstances of the testator. The purpose of this paper is to investigate these rules. Special reference will be made to statutes, both those which deal generally with the subject and those which provide specifically for the effect of particular events, such as marriage; no attempt will be made, however to analyze the latter type of statute exhaustively. By way of introduction, a brief historical survey of the doctrine should be made.

Go to article

Parties To Administrative Proceedings, Paul Oberst Jan 1942

Parties To Administrative Proceedings, Paul Oberst

Michigan Law Review

It is the purpose of this article to examine the statutory provisions, and the regulations and practices of the federal agencies, dealing with the rights of third persons, along with the relevant judicial decisions. The rights of third persons to notice, to participation in the hearing, and to appeal will be considered in turn. In general, the ultimate purposes of an administrative hearing are to inform the agency, to serve as a check upon arbitrary action, and to enable the individuals who will be affected by the decision to confront their opponents and to present their case in its best …

Go to article

First Prev Next Last