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Articles 8731 - 8760 of 12807
Full-Text Articles in Entire DC Network
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 39, Issue 6 of Michigan Law Review
Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder
Taxation Of Annuity Contracts Under Estate And Inheritance Taxes, Robert Meisenholder
Michigan Law Review
A glance at any authoritative encyclopedia will confirm the fact that annuity transactions of one sort or another have existed since earliest civilized times. It was not until 1762, however, that the first insurance company of the world was established; at that time began the issuance of annuity contracts similar to our modem contracts. The popularity of such contracts has increased and decreased at various periods in Great Britain. But in the United States, they have assumed importance only since the beginning of this century and have attained a relatively widespread popularity only since the years of prosperity in the …
Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie
Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie
Michigan Law Review
Before December 16, 1940, John Smith could look complacently on the muddy creek flowing through his pasture, secure in the knowledge that the right to use the waters in that stream was his, free from any outside interference, so long as he had due regard for the rights of his neighbors. Now, however, John Smith would do well to examine the myriad regulations and provisions of the federal statutes before damming that creek to store up water for his cows during the dry season. It is entirely possible that his muddy creek would now be considered a "navigable" stream in …
Some Aspects Of Military Service, Philip Marcus
Some Aspects Of Military Service, Philip Marcus
Michigan Law Review
Men find themselves in uniform either by volition or conscription. This paper discusses some of the legal and factual elements involved in creating military forces by volunteer and draft methods.
Constitutional Law-Appropriation For A Public Purpose, Michigan Law Review
Constitutional Law-Appropriation For A Public Purpose, Michigan Law Review
Michigan Law Review
A Wisconsin statute authorized the appropriation of state funds to the American Legion 1941 Convention Corporation of Milwaukee, for the purpose of paying the expenses attendant upon obtaining and holding the national convention in Milwaukee during 1941. The national organization of the American Legion was allowed to decide whether a deposit should be made with them to secure the payment of the expenses, and if so, how much the deposit should be. The Legion required that the city extending an invitation tender to the national organization a certified check for $27,050 to insure payment of estimated expenses. At the request …
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Michigan Law Review
After decedent's wife died, claimants, her mother and sister, at the request of the decedent, broke up their home and came to live with him, to keep house for him and to care for his children. These services continued for ten years, at which time the decedent gave claimants his promissory notes aggregating $2,000. They entered these notes as claims against his estate. Held, the claimants' services, even if rendered gratuitously, were performed at the decedent's request and raised a moral obligation which was sufficient consideration for the notes. In re Schoenkerman's Estate, (Wis. 1940) 294 N. W. …
Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review
Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review
Michigan Law Review
A federal grant of public land to the city of San Francisco, on condition that the land be used for municipal production and distribution- of water and electricity, contained an express prohibition against the sale of electric energy to any private company for resale. The United States sought to enjoin the city from carrying out a contract with a private corporation whereby the latter distributed the electricity to consumers at rates set by the state railroad commission. The federal circuit court of appeals declared the relationship between the city and corporation was that of agency, rather than vendor and vendee. …
Libel And Slander - Classification Of Radio Defamation - Liability Of Broadcaster, William F. Hood
Libel And Slander - Classification Of Radio Defamation - Liability Of Broadcaster, William F. Hood
Michigan Law Review
The advent of radio has added an interesting problem to the field of defamation. The chief aspects of this problem are twofold: First, should the broadcast of defamatory matter over the air be treated as libel or slander? Second, which of the several parties to a defamatory broadcast should be held responsible?
Bankruptcy - Sufferance Of Turnover Order As An Act Of Bankruptcy, John C. Johnston
Bankruptcy - Sufferance Of Turnover Order As An Act Of Bankruptcy, John C. Johnston
Michigan Law Review
A parent corporation formed a subsidiary corporation in 1932, and transferred to the subsidiary certain of its assets. In 1938 the parent filed a voluntary petition in bankruptcy and was adjudicated a bankrupt. Over a year later the referee entered a turnover order requiring the subsidiary to transfer to the parent's trustee all of its assets on the ground that the original transfer was void as being in fraud of creditors, and on the further ground that the subsidiary was in fact the "alter ego" of the parent corporation. Three days after this order was issued, creditors of the subsidiary …
Taxation - Jurisdiction To Tax The Equitable Interest Of A Trust Beneficiary, Rex B. Martin
Taxation - Jurisdiction To Tax The Equitable Interest Of A Trust Beneficiary, Rex B. Martin
Michigan Law Review
Pennsylvania levied a property tax on a resident beneficiary's equitable interest in a New York trust. The settlor of the trust, a New York resident, had created the trust there and both the trustee and the stocks and bonds comprising the corpus were in that state. The beneficiary had no control over the disposition or management of the corpus and was entitled merely to the income of the trust for her life. The Pennsylvania Supreme Court upheld the tax. On appeal to the United States Supreme Court, held, in a per curiam decision without opinion, that the state court's …
Trusts - Confidential Relationship - Imposition Of Constructive Trust On Transferee Of Land On Oral Promise To Reconvey, Michigan Law Review
Trusts - Confidential Relationship - Imposition Of Constructive Trust On Transferee Of Land On Oral Promise To Reconvey, Michigan Law Review
Michigan Law Review
Plaintiff was induced to transfer his half interest in realty to his mother, because of her and his sister's fear that the income from the land, to which the mother was entitled during her life, might be tied up by the son's wife with whom he was having marital difficulties. There was no written evidence of the trust, but the mother had promised that she would act as trustee until the marital difficulties were settled, and then reconvey. Thereafter she conveyed to the sister, who, with knowledge of the agreement, refused to reconvey. Held, because of the confidential relationship …
Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review
Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review
Michigan Law Review
Defendant tenant held under a month-to-month tenancy. On September 12, plaintiff landlord served him with the requisite thirty-day notice to terminate the tenancy. On October 26, plaintiff was awarded possession by default judgment in summary proceedings before the circuit court commissioner. Defendant subsequently posted an appeal bond to stay execution and appealed to the circuit court. While the appeal was pending, plaintiff billed and collected the October rent and utility charges. Defendant claimed that this waived plaintiff's notice. Held, there was no waiver of notice since the Michigan statutes contemplate recovery of rent until the landlord obtains possession. Detroit …
Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review
Injunctions Power Of Equity To Enjoin Criminal Act - Illegal Practice Of Medicine As A Public Nuisance, Michigan Law Review
Michigan Law Review
The state, on the relation of a district attorney, sued to enjoin the defendant from practicing medicine in violation of a state statute. The statute termed the offense a misdemeanor and provided for imprisonment and a fine. The state alleged that the defendant's activities constituted a public nuisance because he was unskillful and thus endangered the health and lives of the public. Defendant demurred on the grounds that such conduct did not constitute a public nuisance and that the penal provisions of the statute afforded an adequate remedy. Held, injunction granted on the ground that the defendant's practice of …
Wills - Reference To Other Writings - Incorporation Of A Letter Written Subsequent To A Will But Prior To A Codicil, Michigan Law Review
Wills - Reference To Other Writings - Incorporation Of A Letter Written Subsequent To A Will But Prior To A Codicil, Michigan Law Review
Michigan Law Review
March 25, 1932, testator made a will bequeathing money to his executors to be distributed by them "as shall be directed by me in a letter that will be found in my effects . . . which . . . will be dated March 25, 1932." The letter was in fact dated July 3, 1933. Subsequent to the latter date a codicil was executed reaffirming the will but failing to make special mention of the letter. On the first appellate hearing the court refused to allow the letter to be incorporated by reference, because it was not in existence at …
Evidence - Photographs - Admission To Show Physical Condition Of Person, Michigan Law Review
Evidence - Photographs - Admission To Show Physical Condition Of Person, Michigan Law Review
Michigan Law Review
Plaintiff's daughter was killed by the wrongful act of defendant. In a suit to recover for pecuniary injury through loss of financial aid, a photograph of decedent (a pretty girl) was introduced and admitted over objections of defendant that the photograph could serve no purpose relative to the issues, but would excite the sympathy of the jury to the prejudice of the defendant. Held, that no error was committed in admitting the photograph since the decedent's probable contributions for the benefit of her parents depended largely upon "the kind of a girl she was" and the photograph was some …
Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review
Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review
Michigan Law Review
In 1839 property was granted to the "Trustees of the Church of Christ of Little Grove and their successors in office . . . unto the only proper use and behoof of the Church of Christ at Little Grove during a succession of trustees." A dispute arose within the congregation, causing a schism, and both the plaintiffs and the defendants claimed that they were the successors to the original trustees and that they had carried on the tenets and doctrines of the Church of Christ. The evidence showed that the defendants had been elected trustees at an open meeting presided …
Taxation - Death Taxes - Gifts In Contemplation Of Death, Kenneth J. Nordstrom
Taxation - Death Taxes - Gifts In Contemplation Of Death, Kenneth J. Nordstrom
Michigan Law Review
The problem arising when estate and inheritance taxes reach out and attempt to include transfers which have been completed inter vivos are of current importance in state and federal litigation. A survey of the cases shows that the courts and legislatures are making a constant effort to fix and determine a workable rule for the application of a tax on transfers which have been made in life under circumstances so closely related to death that they may, in nature and effect, be properly classified as transfers made in contemplation of death. The problem is of no small moment, for perplexing …
Bankruptcy -Test Of Insolvency - Fair Valuation Of Debtor's Assets, William F. Hood
Bankruptcy -Test Of Insolvency - Fair Valuation Of Debtor's Assets, William F. Hood
Michigan Law Review
An objecting creditor seeking to preserve his judgment lien appealed from an order adjudicating B a bankrupt. The alleged act of bankruptcy was that B, while insolvent, permitted the objecting creditor to obtain a lien on his property by judicial proceedings and failed to discharge it within thirty days. B's principal asset was his interest in a spendthrift trust fund, valued at more than a million dollars, set up in favor of B and his brother. Under the terms of the trust each beneficiary was to receive one-half the approximately $44,000 a year income until he reached the …
Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.
Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.
Michigan Law Review
Respondent was suing the debtor in a municipal court of Georgia for goods purchased on account. When the debtor was ajudicated a bankrupt, the respondent changed his action from contract to tort by alleging that the bankrupt had purchased the goods when insolvent with no intent to pay for them. A judgment was obtained by respondent and the bankrupt subsequently received a discharge in bankruptcy. The bankrupt now asks that the respondent be enjoined from further proceeding to enforce this judgment by garnishment or in any other manner. Respondent claims that the judgment was not discharged since it was a …
Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin
Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin
Michigan Law Review
Nearly all states have been faced with the increasingly difficult problem of what to do with the growing volume of tax delinquent land which has been thrown upon their hands. As a typical example of the financial aspects of this problem, Michigan in 1928 had over $25,000,000 worth of delinquent taxes on 8,757,000 acres of property. In 1932 this acreage was estimated at 15,660,000. By 1937 the unpaid taxes in some of Michigan's counties exceeded five times the assessed value of the delinquent properties. Much of the property could not be sold for the amount of taxes owed, and the …
Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons
Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons
Michigan Law Review
The Circuit Court of Appeals for the Sixth Circuit held that a federal district court in Ohio was not bound by a decision of the Cuyahoga County Court of Appeals to the effect that in a case of wrongful transfer of shares of stock, a demand and refusal was necessary to start the statute of limitations running. On certiorari, held, that, in ascertaining what the state law is, lower state court decisions are data which are not to be disregarded by a federal court, unless it is convinced by other persuasive data that the highest court of the state …
Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead
Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead
Michigan Law Review
Plaintiff sued for loss of her right of consortium occasioned by the illness and death of her husband as a result of a sale of liquor by defendant in violation of a state statute. Defendant demurred on the ground that there was no cause of action granted by the statute for damages flowing from such an illegal sale. Held, an action for injury to the wife's right of consortium was available at common law. Swanson v. Ball, (S. D. 1940) 290 N. W. 482.
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-five leading law reviews.
Sales Taxes, Interstate Trade Barriers, And Congress: The Gulf Oil Case, M. R. Schlesinger
Sales Taxes, Interstate Trade Barriers, And Congress: The Gulf Oil Case, M. R. Schlesinger
Michigan Law Review
The capacity of the federal government to deal with the increasingly irritating problem of interstate trade barriers is an important question high-lighted by the recent Supreme Court decision in McGoldrick v. Gulf Oil Corp. The Court there decided that in view of the superior federal authority over foreign commerce Congress could validly prohibit an otherwise legal city sales tax on imported petroleum manufactured into fuel oil and sold for use on foreign-bound ships.
Book Notes, Michigan Law Review
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.
Insurance - Fraternal Benefit Policy - Who Is A "Dependent'', Michigan Law Review
Insurance - Fraternal Benefit Policy - Who Is A "Dependent'', Michigan Law Review
Michigan Law Review
Deceased was an inmate of an old age home, having paid an entrance fee and signed an entrance contract in which the home reserved the right to discharge inmates at any time without reason upon refund of a proportionate amount of the entrance fee. Deceased lived in the home until his death. He had taken out a policy in a fraternal benefit association whose by-laws provided that "In the event of the death of all beneficiaries named in a certificate . . . the benefits shall be paid . . . [to the] . . . person or persons upon …
Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly
Labor Law-Reinstatement Of Sit-Down Strikers Not Formally Discharged By The Employer, Walter B. Connolly
Michigan Law Review
A one-day sit-down strike occurred in the employer's plant on March 16, 1937. A general strike was called on the following day and lasted until June 24, 1937. On March 25, 1937, the employer sent a notice to all employees including the "sit-downers" urging them to return to work. The National Labor Relations Board found the company guilty of various unfair labor practices, all of which occurred during the general strike, and ordered a reinstatement of all employees who were on strike March 23, 1937, with back pay and full seniority rights. Petitioner asserted that the men who engaged in …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 39, Issue 5 of Michigan Law Review
Any More Light On Haddock V. Haddock? The Problem Of Domicil In Divorce, Harold Wright Holt
Any More Light On Haddock V. Haddock? The Problem Of Domicil In Divorce, Harold Wright Holt
Michigan Law Review
AT first glance it seems a work of foolhardiness or of supererogation to embark upon a rediscussion of any problems arising from Haddock v. Haddock. True, the decision of the majority of the Supreme Court in that case has not won wholehearted support from the bench or legal profession. True it is, also, that collusive divorces still flourish. These considerations alone might, perhaps, lead the reader to concede that it would not be unfruitful to speculate upon an eventual modification of some of the principles which the Court in that case approved. If, however, further justification is demanded of …
Neutrality And The European War 1939-1940, Josef L. Kunz
Neutrality And The European War 1939-1940, Josef L. Kunz
Michigan Law Review
Obviously it is still impossible and will be impossible for some time to make a definitive legal research into the problem of neutrality during the present European war. Most important facts and documents are still unpublished, inaccessible or shrouded in the fog of contradictions and propaganda. The duration and the outcome of the war are still uncertain and nobody can foresee what type of world will emerge from this war and what the future of neutrality in this type of world will be.