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Articles 9331 - 9360 of 12807
Full-Text Articles in Entire DC Network
Liens - Extent To Which Common-Law Artisan's Lien Has Been Supplanted By Statute, Arthur P. Boynton
Liens - Extent To Which Common-Law Artisan's Lien Has Been Supplanted By Statute, Arthur P. Boynton
Michigan Law Review
An artisan's lien is the right of a bailee, who by his labor, skill, or material adds value to the chattel of another at the request of the owner, directly or impliedly, to retain possession of the chattel until the reasonable value of his services has been paid. The right to this lien, which is a specific lien, is of common-law origin, and in the absence of anything inconsistent in the contract has long been extended to all artisans. This common-law artisan's lien, however, has been supplanted by statute in some respect in all but five states. In the other …
Taxation - Income Tax - Surtax On Income Of Corporation Where Profits Are Accumulated To Avoid Surtax On Income Of Its Shareholders - Construction, Brackley Shaw
Michigan Law Review
Section 104 of the Revenue Act of 1928 imposed a surtax on the net income of any corporation "formed or availed of for the purpose of preventing the imposition of the surtax on its shareholders through the medium of permitting its gains and profits to accumulate instead of being divided and distributed," and provided that "the fact that the gains or profits are permitted to accumulate beyond the reasonable needs of the business shall be prima facie evidence of a purpose to escape the surtax." Defendant corporation was formed in 1911 with $200,000 capital stock all owned by Kohl. In …
The Public Interest Concept In Law And In Economics, Robert W. Harbeson
The Public Interest Concept In Law And In Economics, Robert W. Harbeson
Michigan Law Review
It is an interesting and perhaps important coincidence that only a year previous to the famous decision in Nebbia v. New York there appeared two volumes which together constitute an equally notable landmark in the development of economic doctrine, Professor Edward Chamberlin's Theory of Monopolistic Competition and Mrs. Joan Robinson's Economics of Imperfect Competition. While there is no evidence that the latter works influenced the outcome of the Nebbia case, the writer is of the opinion that these studies not only afford a rationale of that decision but also make desirable a re-examination of the concept of "businesses affected …
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
Michigan Law Review
The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …
The Widow's Right Of Election In The Estate Of Her Husband, Elbridge D. Phelps
The Widow's Right Of Election In The Estate Of Her Husband, Elbridge D. Phelps
Michigan Law Review
Before launching into the discussion proper, and in order to avoid confusion and misunderstanding later on, it is deemed wise at once to mark out boundaries within which it is proposed to confine the treatment of the subject here involved. Accordingly, in that which follows, attention will be centered largely on the necessity for election by a widow under modern statutes which allow her to take against her husband's will, and on the effects of her election or non-election upon her interest in her husband's estate. In so far as a surviving husband has identical rights, they will be adverted …
Securities Legislation - Accounting Practice And The Securities Act Of 1933, Paul R. Trigg Jr.
Securities Legislation - Accounting Practice And The Securities Act Of 1933, Paul R. Trigg Jr.
Michigan Law Review
Item 25 of the registration regulations under the Securities Act of 1933 requires the registrant to "submit balance sheets . . . as of a date within ninety days of the filing of the registration statement." The approximate form which such balance sheets are to take is indicated in the regulations, as well as the manner of certification required. So far as the form of the balance sheet proper is concerned, it is doubtful whether item 54 presents any new or startling innovations, but when the balance sheet and the supplementary schedules required to be appended thereto are considered, it …
Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell
Limitation Of Actions - Contempt Proceedings, Menefee D. Blackwell
Michigan Law Review
The application of statutes of limitation to proceedings for criminal or civil contempt involves some obscurity and confusion in the modern cases. Legislation has rarely provided expressly for the limitation of contempt proceedings, and their hybrid character has made it difficult to rely with confidence on analogies. The modern tendency of courts has been to differentiate between criminal and civil contempts for many purposes. While the tests for distinguishing civil and criminal proceedings are not yet clear, it seems that the application of limitation acts depends very largely on this distinction.
Adverse Possession - Severance Of Minerals And Surface - Adverse Possession As Affecting Title To The Minerals, John M. Ulman
Adverse Possession - Severance Of Minerals And Surface - Adverse Possession As Affecting Title To The Minerals, John M. Ulman
Michigan Law Review
The land in question was set aside by the state for school purposes. For some time prior to 1881 one Bailey had been in possession. At that time he and his children, to whom he had deeded parts of the land, conveyed the mineral interests to a grantee from whom plaintiff claims. At the time of the conveyance the evidence was insufficient to show title by adverse possession in Bailey. Bailey and his grantees, from whom defendant claims, remained in possession until this action was brought. The limitation ceased running against the state by an act of the legislature at …
Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook
Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook
Michigan Law Review
Defendant, while in the custody of police officers, confessed to the crime of murder. It was shown that the police officers during the course of defendant's examination, stated to the defendant that "it was better for him to tell the whole truth," and ''You are not telling the truth, give us the truth on this," "You might as well tell the truth; to me now," "I advise you to tell the truth in this case." In the subsequent prosecution of the defendant for murder, it was held that the confession was properly admissible notwithstanding these statements by the officers. Commonwealth …
Injunctions - Labor Unions - Enforcement Of Employer's Closed Shop Agreement, Michigan Law Review
Injunctions - Labor Unions - Enforcement Of Employer's Closed Shop Agreement, Michigan Law Review
Michigan Law Review
Plaintiff unions entered into an agreement with the defendants by the terms of which the defendants were to employ union men, all of whom were to be furnished by the Bricklayers Central Employment Bureau at certain wages and for certain hours. Contrary to the agreement, the defendants employed nonunion men of their own selection and at lower wages and for longer hours than provided by the agreement. Plaintiff sought an injunction pendente lite on behalf of the unions to restrain defendants from disregarding the terms of the agreement. Held, motion for injunction pendente lite granted. Murphy v. Ralph, …
Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson
Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson
Michigan Law Review
Plaintiff, a corporation, advertised that any person who bought goods from certain selected stores would be entitled to receive coupons, and when his coupons amounted to a certain sum he would be entitled to certain death and security benefits up to specified amounts. Plaintiff brought suit against the Insurance Commissioner of Pennsylvania to enjoin him from interfering with the plaintiff's business. Held, that the plaintiff was carrying on an insurance business and was subject to supervision by the Insurance Commissioner. Hunt v. Public Mutual Benefit Foundation, (C. C. A. 3d, 1938) 94 F. (2d) 749, certiorari denied (U. …
Municipal Corporations - Official Misconduct As Ground For Removal Of Officer, Leonard D. Verdier Jr.
Municipal Corporations - Official Misconduct As Ground For Removal Of Officer, Leonard D. Verdier Jr.
Michigan Law Review
Plaintiff, a member of the council of the city of Highland Park, Michigan, was removed by the council, as provided in the charter because of membership in the Black Legion. The Black Legion was a secret society founded on principles of racial, religious, and political discrimination. Its members took an oath to further these purposes by any means ordered by the officers of the organization, including violence and terrorism. Members were forbidden to expose the organization under penalty of death, and membership was supposedly permanent. The council found that membership in such a society rendered Wilson incompetent to perform the …
Negligence - Liability For Emotional Disturbance, William K. Jackson
Negligence - Liability For Emotional Disturbance, William K. Jackson
Michigan Law Review
Defendant negligently sold unlabeled poisoned bran, thereby causing the death of or permanent injury to the buyer's cows, and the loss of his dairy business. As a result of this calamity, the buyer died from a decompensated heart caused by emotional distress and nervous shock. The buyer had commenced action for damages and it is continued here by his wife as administratrix of his estate. Held, recovery may be had for the buyer's death. Rasmussen v. Benson, (Neb. 1938) 280 N. W. 890.
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Sales - Implied Warranty - Explosive In Cigar, James W. Mehaffy
Michigan Law Review
Plaintiff purchased cigars from a retail merchant. The cigars were sold under a trade name and when purchased from a wholesaler by the retailer were wrapped in cellophane, and were sold to the plaintiff while still in the original wrapper. One of the cigars contained a firecracker, which exploded when plaintiff lighted the cigar, causing substantial injury. Held, that the plaintiff can recover from the retailer. Dow Drug Co. v. Nieman, 57 Ohio App. 190, 13 N. E. (2d) 130 (1936).
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Fred C. Newman
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Fred C. Newman
Michigan Law Review
Plaintiff taxpayers instituted proceedings to restrain defendant board of education from complying with a statute which required defendant board of education to expend public funds for the purpose of transporting pupils to and from a parochial school. Held, that the statute was invalid as violative of the provision of the state constitution which prohibited the use of any public money "directly or indirectly" in aid of any sectarian school, and plaintiffs were entitled to judgment upon the pleadings; three judges dissented. Judd v. Board of Education of Union Free School Dist. No. 2, 278 N. Y. 200, 15 …
Taxation - Federal Estate Tax - Gift In Contemplation Of Death, Edmund O'Hare
Taxation - Federal Estate Tax - Gift In Contemplation Of Death, Edmund O'Hare
Michigan Law Review
Decedent, when eighty years old and while still in good health, set up an irrevocable trust of one-third of his property, with a life estate to his daughter and remainder over on the daughter's death to her children and descendants. Under the trust deed the income was to be accumulated and added to the principal until the donor's death. The Supreme Court found that decedent, who was thinking about speculating on the stock exchange, was anxious to insure adequate provision for his daughter and her descendants upon his death, and that he therefore determined to make an irrevocable disposition of …
Taxation - Federal Gift Tax - Taxability Of Interest Passing At Creation Of Tenancy By Entirety, Ben H. Dewey
Taxation - Federal Gift Tax - Taxability Of Interest Passing At Creation Of Tenancy By Entirety, Ben H. Dewey
Michigan Law Review
On September 20, 1933, petitioner transferred by deed realty owned by him in fee to himself and his wife as tenants by the entirety. The commissioner of internal revenue determined that the transfer constituted a taxable gift under the Gift Tax Act of 1932. Petitioner took an appeal to the Board of Tax Appeals. Held, with one dissent, that such creation of a tenancy by the entireties did not constitute a taxable transfer under the Gift Tax Act. Hart v. Commissioner, 36 B. T. A. No. 176 (Dec. 28, 1937).
Torts - Recovery For Emotional Disturbance Unaccompanied By Physical Injury, Michigan Law Review
Torts - Recovery For Emotional Disturbance Unaccompanied By Physical Injury, Michigan Law Review
Michigan Law Review
Appellee brought an action in tort to recover damages for mental anguish suffered when appellant had an autopsy performed upon the body of her deceased husband. Appellant had been requested to perform the postmortem by decedent's employer, who was authorized under the state workmen's compensation act to require an autopsy. The act also provided that no autopsy should be held without notice first being given to the widow or next of kin and an opportunity given to have a representative present to witness the same. The only effect under the act of a failure to give notice was to render …
Trusts - Reservation Of Life Income And Power Of Revocation In Settlor - Not Testamentary Within Mortmain Statute, Benjamin H. Dewey
Trusts - Reservation Of Life Income And Power Of Revocation In Settlor - Not Testamentary Within Mortmain Statute, Benjamin H. Dewey
Michigan Law Review
A settlor purported to set up a trust of certain of his property. In the trust agreement, the settlor reserved to himself the life income from the trust property, with such further amounts from the principal as the trustee, in his absolute discretion, should deem necessary for the settlor's proper maintenance and support; the power, with the approval of the trustee, to revoke or modify the trust; and the life use of the realty encompassed by the trust, on which he was to pay taxes. At the death of the settlor, certain of the trust property was to be administered …
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 boob on law and matters closely related thereto.
Wills - Conveyances Conditioned On Grantor's Death - Contracts For Posthumous Performance, Charles Haines Jr.
Wills - Conveyances Conditioned On Grantor's Death - Contracts For Posthumous Performance, Charles Haines Jr.
Michigan Law Review
By an instrument entitled a lease, the owner of a country estate agreed with the Y.M.C.A. that the latter should have a lease of the land for his life in consideration of the payment of taxes and the maintenance and improvement of a boys' camp on the premises. Further, if at his death the lease were in good standing (a right of entry for condition broken having been reserved), then the Y.M.C.A. was to receive full title to the land. Pursuant to the agreement the camp was operated, and at the lessor's death the Y.M.C.A. was in possession in good …
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.
Negligence - Proximate Cause - Intervening Act Of A Child, Stanton J. Schuman
Negligence - Proximate Cause - Intervening Act Of A Child, Stanton J. Schuman
Michigan Law Review
Defendant's truck was overloaded with unslaked lime and a piece which fell off was picked up by the child plaintiff, who put the lime in a bucket of damp earth which he was carrying. In the resulting explosion plaintiff lost one eye and injured the other. Held, the intervening act of a person over whom the defendant had no control broke the chain of causation. Leoni v. Reinhard, 327 Pa. 391, 194 A. 490 (1937).
Contracts - Illegality - Recovery By Party Not Licensed As Statute Requires, Seward R. Stroud
Contracts - Illegality - Recovery By Party Not Licensed As Statute Requires, Seward R. Stroud
Michigan Law Review
P, an unlicensed milk dealer, sold milk to D, also a milk dealer. By statute it was made unlawful for a milk dealer "to buy milk or sell milk to a milk dealer who is unlicensed," and violations were made a misdemeanor punishable by .fine and/ or imprisonment. P sued to recover the contract price of milk delivered and D set up counterclaims for breach of contract and overpayment, and asserted that P was barred from recovery, since he had failed to obtain a license. Held, P was not barred from recovery by failure to obtain license. …
Taxation - Federal Estate Tax - Subscriptions To Charitable And Educational Institutions As Deductions From Gross Estate, Charles E. Nadeau
Taxation - Federal Estate Tax - Subscriptions To Charitable And Educational Institutions As Deductions From Gross Estate, Charles E. Nadeau
Michigan Law Review
Decedent had promised to contribute funds to numerous educational, religious, and charitable institutions. Some of these pledges were conditioned on pledges of third parties to perform certain duties or to furnish subscriptions to equal amounts. In several instances the institutions, on fullfillment of the conditions, acted in reliance on these promises in a manner that made them enforceable against the estate under the state law. The executor had paid some of these claims. In affirming the Board of Tax Appeals the court held that pledges, though later satisfied by the executor, cannot be deducted from the gross estate as "transfers" …
Trusts Banks And Banking - Liability Of Depository For Trustee's Misappropriation Of Trust Funds - Uniform Fiduciary Act, Michigan Law Review
Trusts Banks And Banking - Liability Of Depository For Trustee's Misappropriation Of Trust Funds - Uniform Fiduciary Act, Michigan Law Review
Michigan Law Review
Defendant bank was the depository of trust funds specially earmarked for payment of an outstanding issue of trust notes. The trustee's individual account in defendant was overdrawn; and the trustee was also indebted to defendant on a promissory note. The trustee drew a fiduciary check in favor of himself for the entire amount of the trust account, indorsed it, and deposited it in his individual account. This wiped out the overdraft and left a credit balance. Then the trustee paid his note to defendant with a check drawn on his individual account in favor of defendant. Held, under the …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 37, Issue 1 of Michigan Law Review
"Extra Time For Overtime" Now Law, Frank E. Cooper
"Extra Time For Overtime" Now Law, Frank E. Cooper
Michigan Law Review
The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …
Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Michigan Law Review
Developing as a result of a period when an accused person was placed at a tremendous disadvantage at the hands of tyrannical judges exercising an unconscionable abuse of power, the concept that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb" was put into the Fifth Amendment of the Federal Constitution and into many of the state constitutions. As a part of this double jeopardy concept, the American courts, from the first, established the rule that the state should not be allowed to appeal in a criminal prosecution. The accused, …