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Michigan Law Review

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Front Matter, Michigan Law Review Dec 1936

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 35, Issue 2 of Michigan Law Review

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Attorney And Client - Unauthorized Practice Of Law, Herman J. Bloom Dec 1936

Attorney And Client - Unauthorized Practice Of Law, Herman J. Bloom

Michigan Law Review

A corporation sold "memberships" to the members of a fraternal order under a contract entitling the members, among other things, to the benefit of the corporation's "legal defense" in any proceeding arising out of the ownership or operation of automobiles--civil or criminal. This legal service was described in a magazine issued by the corporation, which contained a list of recommended attorneys. The members could employ their own attorneys, but were urged to employ those on the list. The corporation took no part in the management of the case and it had no salaried attorney. It had no notice of the …

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Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart Dec 1936

Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart

Michigan Law Review

The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.

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Joint Adventure-Extent To Which Partnership Law Applies, Merwin K. Grosberg Dec 1936

Joint Adventure-Extent To Which Partnership Law Applies, Merwin K. Grosberg

Michigan Law Review

The recent case of Chisholm v. Gilmer, in holding joint adventurers jointly liable on an obligation incurred by all the members thereof through a trustee who acted as agent for all the members, again opened up the problem of the nature of the joint adventure and the rights and liabilities of its members. When, in joint adventure cases, the relationship of the parties is not clearly determined by their contract, the courts have consistently looked to the law of partnership for aid in reaching a result. It is the purpose of this article to indicate the degree to which …

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Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise Dec 1936

Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise

Michigan Law Review

Defendant admitted killing deceased with unlicensed pistol. The trial court instructed the jury pursuant to a statute which provided that in the trial of a person charged with committing or attempting to commit a felony against the person of another while armed with any firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, the fact that he was so armed should be prima facie evidence of his intent to commit such felony. Upon objection that the statute was unconstitutional as depriving defendant of due process of law, the court held that …

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Torts - Right Of Prospective Legatee Against Person Preventing Execution Of Will, Emma Rae Mann Dec 1936

Torts - Right Of Prospective Legatee Against Person Preventing Execution Of Will, Emma Rae Mann

Michigan Law Review

The plaintiff's sister had prepared a will which she desired to have witnessed, by the terms of which will the plaintiff would have received a share of her sister's estate. The defendant, brother-in-law of the plaintiff, by threats prevented his wife from completing the execution of the will, and he acquired all of her property by intestate succession. The plaintiff sued for damages in the amount of the proposed legacy, but the court held that the petition stated no cause of action inasmuch as there was no showing that the defendant had invaded any property right of the plaintiff. Cunningham …

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The Proposed United States Administrative Court, Robert M. Cooper Dec 1936

The Proposed United States Administrative Court, Robert M. Cooper

Michigan Law Review

The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …

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Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife Dec 1936

Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife

Michigan Law Review

Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …

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Corporations - Significance Of Appreciation And Changing Price Levels In Corporate Dividend Policies, Kenneth K. Luce Dec 1936

Corporations - Significance Of Appreciation And Changing Price Levels In Corporate Dividend Policies, Kenneth K. Luce

Michigan Law Review

The appreciation of assets and the legal and accounting problems involved are largely a product of constant fluctuation in the value of money, and to a lesser degree a prodμct of actual rise in the relative value of isolated pieces of property. In the face of political events such as the devaluation of the dollar, and economic phenomena such as the rising price level which the country has experienced since 1933, such problems are of immediate concern to the accountant and lawyer. We must recognize at the outset that appreciation or depreciation in the price level sense are unrelated to …

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Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review Dec 1936

Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review

Michigan Law Review

Plaintiff owned 100 shares of preferred stock of defendant corporation, the certificates for which, and the articles of incorporation, provided for redemption on a· given date. Subsequent to plaintiff's becoming a stockholder but prior to the redemption date of his stock, a statute was passed allowing the majority of voting shareholders of a corporation to amend its articles "without limitation." Pursuant thereto the date for redemption of plaintiff's stock was postponed twenty-five years. Under the amended articles defendant refused plaintiff's tender of the stock and demand of payment on the original redemption date. In an action against the corporation, held …

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Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee Dec 1936

Election Of Remedies - Deficiency Decree As Bar To Subsequent Suit On Debt, Donald H. Larmee

Michigan Law Review

After foreclosure in Florida of a purchase money mortgage on Florida land, the mortgagee filed a claim for the deficiency against the estate of one of the co-mortgagors, who was a permanent resident of Michigan, and who had been served only by publication in the foreclosure suit. In the foreclosure proceedings the mortgagee had prayed for a deficiency decree, and the Florida court had retained jurisdiction for that purpose, after ordering the sale. The mortgagee had taken no further steps in that proceeding. Held, the Florida law was controlling, and that by Florida statutes, as construed by the courts …

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Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review Dec 1936

Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review

Michigan Law Review

The insured died from bullet wounds inflicted by a revolver in the hand of the beneficiary. After there had been an indictment for murder the beneficiary pleaded guilty to so much of the indictment as charged manslaughter. The beneficiary sued on the insurance policy. The Supreme Court of Massachusetts held that there was error in directing a verdict for the insurer because a beneficiary who is guilty of manslaughter, where there was no intentional injury of a kind likely to cause death, is not barred from recovering on the policy. Minasian v. Aetna Life Insurance Co., (Mass. 1936) 3 …

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Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review Dec 1936

Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review

Michigan Law Review

During the trial for injuries received in an automobile collision the plaintiff's attorney asked each prospective juror as to whether or not he owned stock in a named insurance company, or held a policy with it, or was an agent for it, and other questions as to whether or not the interest of an insurance company in the action would affect his decisions in the case. The company was not in fact a party to the action. The defendant assigned as error that such questions caused the jury to believe that the defendant carried insurance against loss from damages such …

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Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz Dec 1936

Labor Law - Injunctions - Peaceful Picketing In The Absence Of A Strike, Milton Rabinowitz

Michigan Law Review

Defendant union picketed in an orderly manner to secure the cooperation of plaintiff's employees in the unionization of his open shop establishment. Plaintiff had apparently been unopposed to such unionization but, when his employees failed to respond to defendant's solicitations, had declined to encourage it in any way. Held, defendants, their agents, etc., enjoined from picketing plaintiff's place of business. Safeway Store, Inc. v. Retail Clerks' Union, 184 Wash. 322, 51 P. (2d) 372 (1935).

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Monthly Periodical Index, Michigan Law Review Dec 1936

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

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

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Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale Nov 1936

Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale

Michigan Law Review

A New Mexico statute exacts a flat permit fee for the privilege of transporting motor vehicles, on their own wheels, over the highways of the state, for purpose of sale within or without the state. Held, this does not impose an unconstitutional burden on interstate commerce nor does it discriminate against a citizen of another state engaged in transporting automobiles on their own wheels, in processions or caravans, for sale outside of New Mexico. Morf v. Bingaman, (U.S. 1936) 56 S. Ct. 756.

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Municipal Corporations - Liability To Riparian Owners For Pollution Of Stream Nov 1936

Municipal Corporations - Liability To Riparian Owners For Pollution Of Stream

Michigan Law Review

A stream into which the plaintiff in error dumped its sewage flowed through the lands of defendant in error. Odors from the stream, deposits of foreign substances on the banks, and the pollution of the waters about the farm of the defendant in error constituted a nuisance. Held, the city is liable to one suffering from the nuisance, irrespective of whether it is exercising a governmental function in the installation of the sewer system. Oklahoma City v. Tyetenicz, 175 Okla. 228, 52 P. (2d) 849 (1935).

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Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls Nov 1936

Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls

Michigan Law Review

The coal company shipped coal from its mines in Pennsylvania by means of its own private railway, river barges, and tugs to a point in Ohio where the coal was unloaded, washed, freed from impurities, and sorted into appropriate sizes. Thereafter it was delivered by the company to a common carrier in Ohio for transportation to points within the state to .fill orders often not received until after the coal left the mines. Held, the haul by the common carrier in Ohio is not subject to the jurisdiction of the Interstate Commerce Commission and is intrastate commerce which may …

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Taxation - Overvaluation As Deprivation Of Due Process Nov 1936

Taxation - Overvaluation As Deprivation Of Due Process

Michigan Law Review

From 1929 through 1933 the valuation placed by the North Dakota Board of Equalization upon the property of the Great Northern Railway within the state declined less than six per cent. Relying upon evidence as to the value of its property in North Dakota as well as the common knowledge that the decline in values had been many times six per cent during this period, the Railway claimed that it had been deprived of its property in contravention of the due process clause of the Fourteenth Amendment. Its contention was confined to the charge of overvaluation; discrimination, either in rates …

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Waters And Watercourses - Riparian Rights In Streams Flowing Through Several States Nov 1936

Waters And Watercourses - Riparian Rights In Streams Flowing Through Several States

Michigan Law Review

A special master appointed by the Court after the filing of a bill by the state of Washington praying an injunction against the state of Oregon found that inhabitants of Oregon had been diverting water from the Walla Walla River, a non-navigable stream, by means of a dam for over fifty years for use in irrigating their lands which would otherwise be arid and had been for a long time pumping some nine thousand acre feet of water per annum from wells bored on their lands. The state of Washington claimed this diversion materially injured an irrigation project known as …

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Taxation - Constitutionality Of Statute Permitting Rebate On Payment Of Delinquent Taxes Nov 1936

Taxation - Constitutionality Of Statute Permitting Rebate On Payment Of Delinquent Taxes

Michigan Law Review

Defendant county demurred to plaintiff's claim for taxes paid under protest, arguing that ,the statute upon which plaintiff relied, one giving taxpayers the right to pay off delinquent taxes without interest and with a five per cent reduction in principal, was unconstitutional. The demurrer was overruled and defendant appealed. Held, that while the court feels that the law is entirely valid, the county is not entitled to raise an objection to it. Vance Lumber Co. v. King County, 184 Wash. 402, 51 P. (2d) 623 (1935).

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Monthly Periodical Index, Michigan Law Review Nov 1936

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

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

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Taxation - Exemptions - Municipally-Owned Property Nov 1936

Taxation - Exemptions - Municipally-Owned Property

Michigan Law Review

In settlement for collateral notes given to secure its deposits in a bank which became insolvent, a municipality had conveyed to it an office building, located in a county other than the one in which said municipality was situated. The city thereafter rented the offices to tenants operating private businesses. The county in which the building was located subjected it to an ad valorem tax. Contesting the right to its collection, the city failed to pay the assessed taxes, for a period of four years. Held, the property, although municipally-owned, not being held or used for any governmental or …

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International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization Nov 1936

International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization

Michigan Law Review

The Moscow Fire Insurance Company, the Northern Insurance Company of Moscow, and the First Russian Insurance Company were incorporated in Russia under the Czarist regime, and given authority to do business in New York. Deposits were made in New York for the benefit of policy holders and creditors in this country. Subsequent to the revolution in Russia and the Soviet decrees nationalizing all Russian corporations and confiscating without compensation such corporations' assets in Russia and abroad, these deposits were turned over to the New York State Insurance Commissioner for liquidation. Large sums remained after domestic claims were satisfied and the …

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Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort Nov 1936

Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort

Michigan Law Review

In an action for money had and received, plaintiff alleged that the International Railroad Company owed plaintiff $40,000 as compensation for services rendered under an existing and valid contract of employment; that with knowledge of this fact defendant corporation, representing that it, and not plaintiff, was entitled to this sum, fraudulently conspired with International Railway Company that this sum be paid defendant instead of plaintiff, and that said amount was paid defendant, resulting in unjust enrichment under circumstances in which the law implies a promise on defendant's part to pay said sum to plaintiff. In reversing a judgment sustaining a …

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Wills - Class Gift To Persons Named Nov 1936

Wills - Class Gift To Persons Named

Michigan Law Review

By the terms of his father's will, the plaintiff was made beneficiary of a trust fund which the testator directed "shall be and is in full of all claim . . . which he is to have out of my estate." Specific bequests were given to two of the testator's sons. The residue was devised and bequeathed "in equal parts to my following named children" (the seven brothers and sisters of the plaintiff being named as legatees). One son who was named both as a specific and residuary legatee predeceased the testator. The plaintiff contended that the bequest to that …

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Front Matter, Michigan Law Review Nov 1936

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 35, Issue 1 of Michigan Law Review

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Taxation Of Undistributed Corporate Profits, John B. Martin Jr. Nov 1936

Taxation Of Undistributed Corporate Profits, John B. Martin Jr.

Michigan Law Review

The legislation proposed by President Roosevelt in his message of March 3, 1936, to prevent automatic avoidance of taxation by non-distribution of corporate profits, does not represent a new and previously unheard of system of taxation. It embraces, on the contrary, the gist of proposals made by various individuals and organizations extending back as far as the year 1864 when Congress passed, a Revenue Act providing that "gains and profits of all companies, whether incorporated or partnership . . . shall be included in estimating the annual gains, profits, or income of any person entitled to the same, whether divided …

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Revenue Financing Of Public Enterprises, E. H. Foley Jr. Nov 1936

Revenue Financing Of Public Enterprises, E. H. Foley Jr.

Michigan Law Review

Courts have been slow to take judicial notice of the growing needs of local communities. Legislatures have restrained municipal corporations from engaging in business enterprises upon the assumption that the object was mere hope of gain, that the investment of municipal funds in such enterprises was simply a speculation, or that the effect was to divert municipal corporations from their legitimate ends and to poach upon the preserves of private enterprise. Novel municipal undertakings have been feared as an entering wedge of state socialism or governmental paternalism. Even when the instrumentality of private adventure was disposed to leave a need …

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Constitutional Law-Termination Of Treaties Nov 1936

Constitutional Law-Termination Of Treaties

Michigan Law Review

The treaty power clause in the Constitution is more difficult to supplement by construction than most parts of that document because the mechanism set up was an innovation--a compromise between the tradition of executive treaty-making and the Colonial feeling that powers of government should be given to representative assemblies. There was no recognized institution to serve as a guide for interpretation as, for example, in the case of the jury trial clause. Furthermore, the dual nature of a treaty-it is a compact with the foreign power and also part of the municipal law-is a fruitful source of confusion. So it …

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