Law Commons^™

Corporations-Purchase Of Notes And Mortgages As "Doing Business"

Michigan Law Review

C was engaged in loaning money in Idaho. He sold many of the notes and mortgages which he thus received to the plaintiff, a foreign corporation. It was his practice, nevertheless, to collect the interest on these notes and remit it to the plaintiff. The actual sales of the notes and mortgages occurred in Chicago. In this manner the plaintiff acquired the note of the defendant, a resident of Idaho and his mortgage on Idaho land. The Idaho statute forbids a foreign corporation "doing business" in the State to sue in its courts without taking certain qualifying steps. The plaintiff, …

Administrative Law-Judicial Review-Federal Equity "Powers

Michigan Law Review

Plaintiff's testator, a resident of New York, died there and at the time of his death owned certain oil paintings on temporary loan to an Art Museum in Pennsylvania, on which the State of Pennsylvania levied an inheritance tax. Plaintiff, executor under a will disposing of the pictures, filed a bill in the Federal District Court for Eastern Pennsylvania to enjoin the defendants, tax officials of Pennsylvania, from attempting to impose or collect the inheritance tax. The bill alleged diversity of citizenship and the requisite jurisdictional amount, and further that the imposition of the tax violated the Fourteenth Amendment, depriving …

Corporations--Liability Of Stockholder In Non-Complying Foreign Corporation

Michigan Law Review

The defendant was a stockholder in the A corporation, incorporated in Indiana to go business there, but carrying on its principal business in Tennessee where It had failed to comply with a law requiring foreign corporations to domesticate; Plaintiff, a holder of a trade acceptance on which the A corporation was primarily liable, sued defendant in Indiana, liability on the trade acceptance having been incurred in Tennessee. The A corporation being insolvent, plaintiff sought to hold the defendant personally liable on the ground that the failure of the corporation to comply with domestication statutes of Tennessee made its stockholders liable …

Administrative Law - Statutory Interpretation - Conclusiveness Of Decision

Michigan Law Review

Pursuant to an order of the Interstate Commerce Commission, the government had paid defendant $487,116.31 as the deficit incurred during federal control and due defendant under section 204 of the Transportation Act of 1920. The Commission later reopened the proceeding and annulled the order because it had erroneously interpreted the word "deficit" in the statute to mean a decrease in net railroad operating income in the federal control period as compared with the corresponding months of the test period from July 1, 1914, to June 30, 1917, instead of a "red ink deficit." The government then sued to recover the …

The Johnson Amendment To The Judicial Code, Edwin C. Goddard

Michigan Law Review

The so-called Johnson bill amending the Judicial Code was passed by Congress and signed by the President on May 14, 1934. The bill was the result of long agitation against the alleged pernicious interference by United States District Courts with rate regulations of the state utility commissions and the state courts. It was charged that the removal of cases from state to federal tribunals was burdening the District Courts and, what was far more serious, was favoring the public utilities and preventing their proper state regulation by submitting controversies to judges having life tenure and who were out of touch …

Taxation-Tax On Rolling Stock-Situs Of Personal Property Employed In Interstate Commerce

Michigan Law Review

An Illinois corporation owned a fleet of tank cars which were used to carry oil from the corporation's Oklahoma refinery to other States. The State of Oklahoma sought to impose a tax upon the entire fleet, although the cars were outside of Oklahoma at least twenty days each month. Held, Oklahoma had only the jurisdiction to tax the average number of tank cars habitually employed within the State. Johnson Oil Refining Co. v. Oklahoma, 290 U.S. 158, 54 Sup. Ct. 152 (1933).

Actions-Declaratory Judgments-Jurisdiction To Grant

Michigan Law Review

A will was duly probated in the county court. By it the plaintiff and defendant were appointed guardians of the testator's minor children. The guardians did not get along together, and could not agree as to how the funds of their wards should be invested. Finally, proceedings were properly brought in the county court to have questions concerning the care of the funds settled. While such proceedings were pending, the plaintiff, evidently not content to have the difficulty settled in this manner, brought an equity suit in the district court against her co-guardian under the Declaratory Judgments Act, in which …

Federal Practice - Decision Of Questions Preliminary To The Convening Of A Three-Judge Court

Michigan Law Review

Before the district judge can convene a three-judge court, two preliminary questions must be decided. First, is the case within the jurisdiction of the federal courts? Second, is the case one to which the three-judge statute applies?

Federal Practice- Declaratory Judgments

Michigan Law Review

Alabama, for the purpose of invoking original jurisdiction, applied to the Supreme Court of the United States for leave to file a complaint in equity against nineteen States to have statutes regulating and prohibiting the sale of goods manufactured by convict labor declared void because in violation of the commerce clause of the federal Constitution. Later, Alabama was allowed to submit an amendment eliminating fourteen States. Held, leave to file bill as amended denied. State of Alabama v. State of Arizona, et al., (U. S. 1934) 1 U. S. LAW WEEK (Feb. 6, 1934), index p. 468.

Criminal Law And Procedure-Former Jeopardy-Tests Of "Same Offence

Michigan Law Review

The provision in the state and federal constitutions that one may not be put in jeopardy twice for the same offense is merely declaratory of the common law, and is in effect in all jurisdictions. However, there is often great difficulty in determining when offenses are the same. Several tests to determine the identity of offenses have been employed.

Conflict Of Laws-Jurisdiction In Rem Of Documented Claims

Michigan Law Review

A court has jurisdiction in rem over any res of which it has physical control. But does physical control of a document carry with it the control of the chose in action which it represents? This involves an inquiry as to what extent the chose in action is embodied in the document, to what extent the certificate is itself the res or property. Answers to this question have varied with the type of document and even with the type of suit in which the problem has arisen.

Process In Actions Against Non-Resident Motorists, Maurice S. Culp

Michigan Law Review

Personal service on the defendant within the jurisdiction of a State is the conventional form of process in personal actions. But considerations of convenience and public need have resulted in recognizing an additional form of process in personal actions against nonresident motorists. Statutes in 35 States authorize the commencement of suit against the non-resident motorist by substituted service on a public official of the State where the cause of action arises; the official is made for this purpose the agent or attorney of the non-resident motorist.

It is proposed herein to discuss (1) the constitutional basis of such legislation, and …

Federal Practice -Jurisdiction Over Non-Federal Questions - Meaning Of Cause Of Action

Michigan Law Review

Petitioners brought suit in a federal court to enjoin the respondents from publicly producing a play, alleging that it infringed a copyrighted play of the petitioners and that it would also constitute unfair competition. The parties were citizens of the same State. After considering the claim of infringement on its merits, the court held that, although there was no infringement threatened, the jurisdiction acquired by reason of that federal question might be retained to consider the issue of unfair competition. Hurn v. Oursler, 289 U.S. 238, 53 Sup. Ct. 586 (1933).