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Articles 9031 - 9060 of 12807
Full-Text Articles in Entire DC Network
Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review
Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review
Michigan Law Review
Deceased was killed in a boxing match, death being largely the result of aggravated pneumonia, which had been contracted unknowingly two days before the bout. The alien father of the young boxer sought damages, for his son's wrongful death, from one member of the state athletic commission and its chief inspector. The theory of plaintiff's claim was that the officers were individually liable because of breach of their common-law and statutory duties to see that the boxer was given a proper physical examination before the fight. Held, on granting defendant's motion to dismiss, that the law imposed no duty …
Public Utilities - Consumers' Actions To Enforce Performance Of Public Duties, Edmund R. Blaske
Public Utilities - Consumers' Actions To Enforce Performance Of Public Duties, Edmund R. Blaske
Michigan Law Review
The petitioner, suing on behalf of himself and ten thousand other consumers, sought to compel the defendant gas company to furnish gas in accordance with the terms of a rate ordinance. The defendant challenged the petitioner's right to sue, on the ground that statutes had conferred this right upon the city solicitor. Held, the statutes were not intended to abrogate a consumer's common-law right to compel a utility company to perform its public duty. Maxwell v. Ohio Fuel Gas Co., 61 Ohio App. 394, 22 N. E. (2d) 639 (1939).
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Michigan Law Review
The plaintiff sued defendant power company for damages resulting from the destruction of his building by fire. The electricity furnished by defendant, after being reduced by a transformer, passed from its main line through an auxiliary line to a point a few inches from plaintiff's building where it was connected with the wiring system of the building which had been installed, and at the time of the accident was controlled, by plaintiff. Failing to show by direct proof that the transformer was defective and the proximate cause of the loss, plaintiff's claim for negligent destruction of his building was predicated …
Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review
Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review
Michigan Law Review
To collect a lawful debt of $61.80, defendant collecting agent wrote plaintiff three letters threatening to sue and to report plaintiff's poor pay record to the members of defendant association if payment was not promptly made. Plaintiff alleged that he was just recovering from a serious illness and that the defendant was aware of the plaintiff's weakened condition; that the defendant sent the letters intending to cause the plaintiff mental and physical injury, for the purpose of collecting the bill, and that the plaintiff did suffer a relapse as well as mental agony. The trial court sustained the defendant's demurrer. …
Trade Restraints-Fair Trade Acts - Use Of Trading Stamps, William L. Howland
Trade Restraints-Fair Trade Acts - Use Of Trading Stamps, William L. Howland
Michigan Law Review
The plaintiff filed a bill in equity to restrain by injunction an alleged violation of the Pennsylvania Fair Trade Act. The violation charged was the issuance by the defendant retailer of yellow trading stamps, when requested, on all purchases of merchandise, including trade-marked articles manufactured by the plaintiff in relation to which, as the defendant well knew, the plaintiff had made contracts fixing the resale price. The chancellor dismissed the bill. Held, judgment affirmed. The issuance of the trading stamps was not a violation of the Fair Trade Act. Even assuming that it was a violation, the invasion was …
Wills- Partial Intestacy-Effect Of Attempt To Disinherit An Heir Or To Limit His Share, James D. Ritchie
Wills- Partial Intestacy-Effect Of Attempt To Disinherit An Heir Or To Limit His Share, James D. Ritchie
Michigan Law Review
Where testator bequeathed to one of his brothers "the sum of five dollars, this amount to be in full for any and all bequests I would leave him as a brother or heir," and certain property passed by intestate succession because of a void residuary clause, held, the share of the brother, an heir, was restricted to five dollars. LaMere v. Jackson, 288 Mich. 99, 284 N. W. 659 (1939).
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.
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.
Schools And School Districts - School Elections - Tax Limitations - Bond Issues - Qualifications Of Electors Under Michigan Constitution, John S. Pennell
Schools And School Districts - School Elections - Tax Limitations - Bond Issues - Qualifications Of Electors Under Michigan Constitution, John S. Pennell
Michigan Law Review
The plaintiff submitted to the school district electors two propositions: (1) that of increasing the tax limitation from 1.5 per cent to 1.802 per cent of the assessed valuation, and (2) that of bonding the school district in the amount of $182,600 for improvements. Both at the registration of voters, and at the election, the qualifications of the electors were tested by the school code. On the tax limitation question, all registered school electors were permitted to vote. On the question of the bond issue, only those registered electors who owned property assessed for school taxes in the district were …
Constitutional Law - National Firearms Act - Usurpation Of Police Power Of States - Constitutional Right To Bear Arms, Michigan Law Review
Constitutional Law - National Firearms Act - Usurpation Of Police Power Of States - Constitutional Right To Bear Arms, Michigan Law Review
Michigan Law Review
Defendants were indicted for violating section 11 of the National Firearms Act by transporting a firearm in interstate commerce without having registered it, and without having in their possession a stamp-affixed written order for the firearm. Their demurrer alleged that the act was unconstitutional because it was not a revenue measure but an attempt to usurp police power reserved to the states, and because it infringed the constitutional right to bear arms. The district court sustained the demurrer on the ground that this section of the act violated the constitutional right to bear arms. Held, on appeal, that the …
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Michigan Law Review
The petitioner was a member of the class against whom a decree was rendered in a class suit. The petitioner was not named as a party and had no actual notice of the proceedings although notice was published according to court rules. After the time for appeal had expired, petitioner filed a petition to reopen the decree, under the terms of a statute which gave this right to any defendant against whom a court had rendered a decree without personal service. The petition was dismissed and the petitioner appealed. Held, order affirmed because the petitioner was not a party …
Partnership - Attachment Of Partnership Property - Construction Of Sections 25(2) And 28(1) Of Uniform Partnership Act, Michigan Law Review
Partnership - Attachment Of Partnership Property - Construction Of Sections 25(2) And 28(1) Of Uniform Partnership Act, Michigan Law Review
Michigan Law Review
A judgment creditor of a separate partner issued an attachment execution thereon, seeking to attach particular partnership property and summoning the partners as garnishees. The partnership was a going concern and there had been no settlement of partnership accounts or money lent by the debtor member to the partnership. Held, the interest of the separate partner in specific firm property was not subject to attachment execution under the Uniform Partnership Act; the court intimated that a petition for a charging order was the proper procedure. Northhampton Brewery Corp. v. Laude, 133 Pa. Super. 181, 2 A. (2d) 553 …
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Michigan Law Review
Plaintiff was a customer of a beauty shop; upon leaving the ladies' room connected with the shop, she fell at the entrance. The floor of the ladies' room was some seven inches higher than the floor of the shop, the door extending down to the level of the shop floor. This structural defect existed at the time of the lease, and there was no covenant to repair. Plaintiff sues defendant landlord, basing her claim in nuisance. Held, defendant landlord may be liable on negligence principles, since where a landlord leases premises on which he knows or should know that …
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.
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Michigan Law Review
It is the purpose of this comment to examine the contract and the property theories of restrictive covenants; and to suggest other possible grounds upon which to decide whether or not a public agency should compensate owners in the subdivision for interference with their restrictive covenants.
Deeds - Construction - Executory Interests - Destructibility Rule, Michigan Law Review
Deeds - Construction - Executory Interests - Destructibility Rule, Michigan Law Review
Michigan Law Review
In 1883, the grantor conveyed by warranty deed to A for life, remainder to the heirs of B. A died in 1931; B died in 1935, leaving two children and one grandchild as his heirs-at-law. Claiming an undivided one-third through the grandchild, plaintiff started partition proceedings against B's children. Held, that the intent of the grantor must control, and he did not intend to create a contingent remainder in the heirs of B. The deed was a bargain and sale, adapted to a conveyance to uses. On the death of the life tenant, the fee was …
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 38, Issue 3 of Michigan Law Review
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Michigan Law Review
Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Michigan Law Review
It is the purpose of this paper to discuss the broadcast license practice and procedure before the Federal Communications Commission as it exists today. No attempt at criticism or suggestions for reform will be made.
Administrative Law - Taxation - Power Of Board To Adopt Rules And Regulations - Inflexibility Of Prior Ruling By Reenactment Of Statute Without Change, William F. Anderson
Administrative Law - Taxation - Power Of Board To Adopt Rules And Regulations - Inflexibility Of Prior Ruling By Reenactment Of Statute Without Change, William F. Anderson
Michigan Law Review
The respondent oil company in computing its net income for the years 1929-1930 for the purpose of applying the depletion deduction provisions of the Revenue Act of 1928 refused to deduct certain development expenditures, although it had deducted those development expenditures in computing its taxable net income for these years. Under the rule-making power of section 23 (1) of that act, the commissioner defined "net income of the taxpayer" as used in section 114 (b)(3) as meaning gross income from the sale of gas and oil less certain deductions, including development expenses (if the taxpayer had elected to deduct development …
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Michigan Law Review
At the early English law an executor was entitled to the surplus of the personal estate after the payment of debts and legacies, but this practice nowhere prevails today. At common law the office of executor was regarded as honorary, to be performed without compensation unless the will expressly provided for compensation. It is doubtful if the common-law rule ever obtained in this country, where from a very early time it has been universally considered that executors are normally entitled to reasonable compensation not only to reward them for their time, labor and trouble, but also for the responsibility incurred …
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Michigan Law Review
In the trial of defendant for embezzlement, the prosecutor's opening address to the jury included a hearsay statement, regarding a tacit admission by defendant, tending to establish his guilt. Subsequently in the trial such hearsay statement was not allowed in evidence and the defendant now claims on appeal from conviction that the opening statement was prejudicial and thus he is entitled to a new trial. Held, that the statute governing reversals by an appellate court for prejudicial errors did not apply; and that a new trial follows as a matter of course because of a deprivation of the constitutional …
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Michigan Law Review
Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …
Automobiles -Violation Of Parking Statute, Michigan Law Review
Automobiles -Violation Of Parking Statute, Michigan Law Review
Michigan Law Review
Defendant, in violation of a statute and ordinance prohibiting parking "within ten feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway," parked his truck within the prohibited area, thus blocking the sign from the view of the traffic it was intended to warn. A third party, approaching the stop street, being unable to see the sign, proceeded into the intersection without stopping, and struck the car in which plaintiff was a passenger, injuring him. Defendant demurred to the petition on the ground of lack of causal connection. Held …
Bills And Notes - Holder In Due Course - Burden Of Proof Where There Is A Want Of Consideration Between Immediate Parties, James A. Lee
Bills And Notes - Holder In Due Course - Burden Of Proof Where There Is A Want Of Consideration Between Immediate Parties, James A. Lee
Michigan Law Review
Plaintiff, transferee of a promissory note and a conditional sale contract, brought suit on the negotiable promissory note, and alleged that he was a holder in due course. Defendant answered that there was no consideration for the note. Held, that the burden of proof was on the plaintiff to show that he was a holder in due course by section 59 of the Negotiable Instruments Law which provides: "Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, …
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Michigan Law Review
An ordinance of the city of Detroit regulated trailer camps in part by requiring the consent of sixty-five per cent of the adjoining property owners before a permit would issue, and by forbidding the parking of occupied trailers in any camp or camps for more than ninety accumulated days in any twelve-months' period. Plaintiff camp owner sought to restrain enforcement of the restrictions. Held, that as to both the consent and the ninety-day provisions, the ordinance is a valid and reasonable exercise of the police power. Cady v. City of Detroit, 289 Mich. 499, 286 N. W. 805 …
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Michigan Law Review
Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature …
Corporations - Non-Profit Corporations - Power Of Court Of Equity To Preserve Original Purposes And Set-Up Of Such A Corporation, W. Wallace Kent
Corporations - Non-Profit Corporations - Power Of Court Of Equity To Preserve Original Purposes And Set-Up Of Such A Corporation, W. Wallace Kent
Michigan Law Review
The Osteopathic Hospital was incorporated in 1919 as a nonprofit corporation by five persons who subscribed funds for its support. Its articles provided that the qualifications for trustees, method of filling vacancies in the board of trustees and the manner in which persons could become members should be set out in the by-laws to be adopted by the original incorporators. The by-laws thus adopted provided for a self-perpetuating board of trustees with power in them to amend the by-laws. These by-laws were not questioned until January 20, 1938, when a group of the members attempted to amend the by-laws to …
Damages - Mental Anguish - Recovery Denied For Mental Anguish Arising Out Of Negligent Injury To Personal Property, Robert M. Warren
Damages - Mental Anguish - Recovery Denied For Mental Anguish Arising Out Of Negligent Injury To Personal Property, Robert M. Warren
Michigan Law Review
Plaintiff placed an order with defendant pharmacist to have a rare photograph of plaintiff's deceased mother reproduced, the work to be done by defendant corporation. When the original picture was returned to plaintiff, it was stained, cracked, and otherwise disfigured, by reason of which plaintiff claimed he was caused physical and mental anguish. Held, plaintiff's recovery is limited to nominal damages. Furlan v. Rayon Photo Works, Inc.., 171 Misc. 839, 12 N. Y. S. (2d) 921 (1939).