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Articles 1 - 19 of 19
Full-Text Articles in Law
Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance
Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance
Michigan Law Review
A wife whose matrimonial domicil was in Washington, D. C., moved to Reno, Nevada, and there obtained a decree of divorce. Nine years later she filed a bill in the supreme court of the District of Columbia asking that the Nevada decree of divorce be declared void on the ground that she was induced to secure it by fraud and coercion; that a decree be entered requiring defendant to provide "maintenance and support"; and that his property within the jurisdiction of the court be sequestered to insure payment of the same. Sections 70 and 75 of title 14, Code D. …
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact
Michigan Law Review
Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).
Conflict Of Laws-Presumption Of Foreign Law-Indiana Cases And The Restatement
Conflict Of Laws-Presumption Of Foreign Law-Indiana Cases And The Restatement
Indiana Law Journal
No abstract provided.
Conflict Of Laws-Damages-Obligation Payable In Russian Rubles
Conflict Of Laws-Damages-Obligation Payable In Russian Rubles
Michigan Law Review
In an action in New York to establish a claim against a Russian insurance company on a policy payable in rubles in Russia, the following history of Russian money appeared. Before the revolution, the gold ruble of the Empire had been supplanted by a paper currency of depreciated value. The Soviets, at the beginning of their regime, instituted a paper currency which had also greatly decreased in value. At the time the policy became due, this latter currency was still circulating, and in addition, a gold coinage with notes redeemable in gold had been established. From time to time the …
Conflict Of Laws-Recognition Of Foreign Alimony Decree
Conflict Of Laws-Recognition Of Foreign Alimony Decree
Michigan Law Review
In 1928, a New York court ordered D, who was suing for annulment of his marriage, to pay alimony pendente lite and attorney's fees to W. This judgment had remained unsatisfied. W, in 1931, brought a bill in equity in Massachusetts asking that D, now a resident of Massachusetts, be ordered to pay the amount due on the judgment. Held, although the local statute (Gen. L., c. 209, sec. 6) did not permit suits at law between husband and wife, that mere circumstance was not sufficient grounds for granting equitable relief on the ground of the inadequacy of the …
Conflict Of Laws-Right Of Action For Foreign Tort
Conflict Of Laws-Right Of Action For Foreign Tort
Michigan Law Review
Plaintiff, an automobile guest, brought action against the driver in Wisconsin for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action, but before trial, the parties intermarried and established a matrimonial domicil in Wisconsin. Held, that the law governing the creation and extent of tort liability is that of the place where the tort is committed; that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife; and therefore that the suit must abate, despite the fact that suits between spouses are ordinarily permitted …
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement
Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement
Michigan Law Review
The president of a New York corporation indorsed in blank in the corporate name a check payable to the corporation. He then indorsed the check personally and mailed it to the Banque De Bruxelles, a foreign corporation located in Belgium. The bank in Belgium received it for collection and forwarded it for collection to its correspondent in Washington, D. C. The proceeds were received by the bank in Belgium and credited to the personal account of the president of the New York corporation as directed by him. Later, he withdrew the amount from the bank for his own use. Assignees …
Conflict Of Laws-Corporations-Effect Of Soviet Dissolution On Status Of Russian Corporations Abroad
Conflict Of Laws-Corporations-Effect Of Soviet Dissolution On Status Of Russian Corporations Abroad
Michigan Law Review
A Russian insurance company, driven from its domicil by the revolution and subsequent nationalization decrees of the Soviet government, was attempting to gather assets located without Russia through the surviving directors, who constituted less than a quorum of the last board. For the purpose of suit in New York the directors authorized an assignment to the plaintiff, an American corporation, of a claim against the defendant, a British corporation, arising out of a contract made in England. In the subsequent suit it was held that the directors' authority was limited to that of conservators, and did not include the power …
Conflict Of Laws - Statute Of Limitations - Applicability
Conflict Of Laws - Statute Of Limitations - Applicability
Michigan Law Review
Goods, shipped from France on a vessel of the French line, were damaged by seawater. The bills of lading were issued in France, containing a clause that litigation or disputes arising from their interpretation or execution should be judged according to French law. When the holders of the bills libeled the French line, they were met with the defense that the French Code allowed suit on such claims only if within one year after the ship arrived, which period had passed. Section 433 of the French Commercial Code, to the effect that such claims were barred by a one-year prescription …
Conflict Of Laws--Contracts--Excuses For Non-Performance
Conflict Of Laws--Contracts--Excuses For Non-Performance
Michigan Law Review
Libellant sought to recover on a contract made in Duluth for the shipment of grain by defendant from Duluth to Montreal. The grain was reshipped by defendant at Port Colbourne, Ontario, and was sunk in the St. Lawrence River. Canadian Water Carrier of Goods Act, sec. 6 (9-10 Edw. VII, c. 81), provides that if the owner of any ship carrying merchandise from any port in Canada exercises due diligence to make the ship in all respects seaworthy and properly manned, neither the ship, owner, agent, nor charterer shall be liable for faults in navigation. The court held defendant was …
Collateral Attack Upon Foreign Judgments The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Collateral Attack Upon Foreign Judgments The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Michigan Law Review
In Pemberton v. Hughes the action was brought in England, by one Sarah E. Pemberton claiming to be the widow of Francis Alexander Pemberton, for certain property rights incident to widowhood. Whether plaintiff was the widow of Pemberton depended upon the validity of their alleged marriage, which in tum depended upon the validity of a Florida divorce of the lady from a former husband. In the divorce action in question, service of summons had been made upon the present plaintiff one day less than the statutory period before appearance. Under the law of Florida, such a defective service rendered the …
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Michigan Law Review
Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …
Conflict Of Laws-Contracts-Married Woman's Capacity
Conflict Of Laws-Contracts-Married Woman's Capacity
Michigan Law Review
Defendant, a married woman, domiciled in Idaho, entered into a guaranty contract in California with the plaintiff. In a bankruptcy proceeding brought against her in the district court for Idaho, she denied the validity of the obligation because it was not within the exceptions in Idaho law to the common law disability of a married woman to contract. Under California law the contract was valid. The agreement stipulated that it should be construed according to California law. Held, the capacity of the defendant to enter into the contract is governed by the law of California, the place where it …
Conflict Of Laws-Effects Usury
Conflict Of Laws-Effects Usury
Michigan Law Review
A Pennsylvania corporation entered into a contract in Maryland with the defendant credit company, a Delaware corporation, under which the defendant was to advance money upon the assignment to it of accounts, and furnish other services for which it was to receive certain definite fees and commissions. The parties stipulated in the contract that it should be governed as to its validity and interpretation by the laws of Delaware. The receivers of the Pennsylvania corporation brought this action to recover payments made to the defendant under the contract, claiming it to be usurious according to the law of Pennsylvania. Held …
Conflict Of Laws-Renvoi Doctrine
Conflict Of Laws-Renvoi Doctrine
Michigan Law Review
H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …
Conflict Of Decisions Between State And Federal Courts In Kentucky, And The Remedy, Charles I. Dawson
Conflict Of Decisions Between State And Federal Courts In Kentucky, And The Remedy, Charles I. Dawson
Kentucky Law Journal
No abstract provided.
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Michigan Law Review
It is submitted that the terms "interpretation" and "construction" and the verbs "interpret" and "construe" should be used with distinct significations. There are two types of problems with reference to which these terms are used, often ambiguously and unclearly. In one type of problem a question is presented and sought to be answered as to what someone actually or apparently intended. There is an effort to reach a result which was actually desired even though the data tending to show this may be of limited utility. In the other type of problem it is recognized or realized either that there …
What Rights Are Left, Everett S. Brown
What Rights Are Left, Everett S. Brown
Michigan Law Review
A review of WHAT RIGHTS ARE LEFT By Henry Alan Johnston.