Law Commons^™

Mandamus To Review State Administrative Action, Foster H. Sherwood

Michigan Law Review

The appearance of a substantial body of administrative law in the United States preceded its recognition as such by a good many years. In the intervening period, the courts made every effort to fit the new and unfamiliar jurisprudence into old and familiar forms, particularly those of the common law. This was a natural development, both because it accorded with common law traditions of adjustment, and because there was no legislative recognition of the view for action. The recognition that the problems of administrative law cannot invariably be solved within the framework of traditional legal concepts has paralleled the growing …

Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff

Michigan Law Review

In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.

Corporations --Voting Trusts -- Non-Compliance With Statute As A Basis For Judicial Termination, Joseph R. Brookshire S.Ed.

Michigan Law Review

It is not the purpose of this comment to discuss the history of the voting trust, to recapitulate the controversy over its legality, or to examine the many grounds for termination of the trust. It is sufficient to say that in all but perhaps three states this important business device has been made legal by statute or by judicial decision. We are here concerned with finding the degree of statutory compliance necessary in order that the voting trust will be sustained.

Co-Tenancy-Conveyance By Grantor To Himself And Another, Shubrick T. Kothe

Michigan Law Review

Decedent, owning land and personal property thereon, executed a deed purporting to convey to herself and her son a life estate in the property "as joint tenants during their joint lives and an absolute fee forever in the remainder to the survivor of them. . . " Held, the deed created a tenancy in common in both of them during their lives and an estate in fee to the survivor. Hass v. Hass, (Wis. 1946) 21 N.W. (2d) 398.

Innkeepers-Failure Of Guest To Disclose Character Of Contents Of Baggage As Negligence, Kenneth Liles

Michigan Law Review

In an action seeking damages, based on the alleged negligence of a bailee for hire in causing the loss in transit of a salesman's stock of valuable jewelry, because the departing bailor-guest's failure to disclose the extraordinary value of the contents of his trunk amounted to negligence, held, recovery denied. Shiman Bros. & Co., Inc. v. Nebraska National Hotel Co., (Neb. 1945) 18 N.W. (2d) 551.

Implied Warranties Of Non-Infringement, Louis Robertson

Michigan Law Review

When a manufacturer or dealer sells a product, is there an implied warranty that the product does not infringe adversely-owned patents? In other words, does the purchaser who is successfully sued for infringement have the right, without an indemnity clause, to be indemnified by the seller?

Many lawyers, especially patent lawyers, who are accustomed to advising the insertion of express patent warranties in sales contracts to take care of the matter, have answered this question instantly and positively in the negative, and it is quite possible that according to fundamental principles of implied warranties they are right, and yet all …

Death By Wrongful Act-Effect Of Double Death On Recovery Under Minnesota "Death" And "Survival" Statutes, Robert K. Eifler

Michigan Law Review

Recovery was sought by the surviving spouse and next of kin against the estate of a negligent driver where both the passenger and the driver were fatally injured and died "in the same traffic accident." Held, where both the injured person and the wrongdoer die, an action survives against the personal representatives of the wrongdoer. Kuhnle v. Swedlund, 220 Minn. 573, 20 N.W. (2d) 396 (1945).

Corporations-Extent Of Powers To Dispose Of Property In Winding Up Its Affairs Under Statutes Extending Corporate Existence, Joseph R. Brookshire S.Ed.

Michigan Law Review

According to the common law a dissolved corporation ceased to exist for all purposes. Whether the dissolution was voluntary or involuntary, the effect of the dissolution was to deprive the corporation of all powers either de jure or de facto. It was necessary, therefore, that corporations facing dissolution proceed without delay toward a final liquidation and distribution of assets. Disregarding the old theory that personal property of dissolved corporations escheated to the state, and that its real estate reverted to the original granter or his heirs, and that debts due the corporation were extinguished, it is still apparent that hurried …

Trusts And Estates-Trends In The Law: 1941-1945 (A Service For Returning Veterans), Lewis M. Simes

Michigan Law Review

In every generation there are some judicial decisions so revolutionary that any summary of developments in the law, regardless of its author or of its brevity, would include them. Such cases as Erie Railroad v. Tompkins and Williams v. North Carolina will fall into this category no matter who lines up the materials. But such avulsive changes rarely if ever occur in the law of Trusts and Estates; and it is anybody's guess to determine the significant aspects of the day-to-day accretions which actually take place. Thus, the writer has no illusions that he is singling out the trends as …

The Function Of Will Contests, Lewis M. Simes

Michigan Law Review

To anyone steeped in the doctrines of the common law there is something anomalous about the will contest. First, the will is duly admitted to probate in a proceeding which is almost universally conceded to be judicial. Then at a subsequent time a so-called contest is brought by the heir, in which the precise proposition determined on the probate is retried. In most jurisdictions the heir is not bound to make any sort of a showing to entitle him to contest. He need not allege newly discovered evidence. He need not submit any evidence of · fraud or mistake. Indeed, …

Torts-Libel-Publication Of Allegations In A Declaration, William H. Buchanan S.Ed.

Michigan Law Review

Defendant published as a news items in its newspaper the fact that the plaintiff had been sued for the alleged alienation of one Emerson's wife, and also printed matter contained in Emerson's declaration. This publication occurred before the alienation suit was tried. Later, a verdict was rendered in that suit in favor of the present plaintiff. The lower court in the libel action decided in favor of the plaintiff. Held, affirmed. The publication of the report of the filing of the action and the charges made in the declaration before any judicial action had been taken was not privileged. …