Law Commons^™

Costs - Assessment Of Court Costs Against An Agency Of The Federal Government, Walter Muller

Michigan Law Review

A complaint against defendant, filed in equity by the Reconstruction Finance Corporation, was dismissed without costs, the lower federal court being of opinion that it had no power to impose costs upon a governmental agency. The rule of court which bears on this point says, "costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law." Held, on appeal to the circuit court of appeals, the district court did have power to assess costs against the Reconstruction Finance Corporation. Reconstruction Finance Corp. v. J. G. Menihan Corp., (C. C. A. …

Public Officers - Federal Officer's Liability For Damages Done To Property Pursuant To Statutory Authorization, Jerome J. Dick

Michigan Law Review

The defendant, pursuant to a contract with the United States government for improving navigation on the Missouri River, built some structures in the bed of this navigable waterway which caused a shifting of the channel resulting in damage to the riparian lands of the plaintiff. Thereupon plaintiff sued for damages. In reversing the trial court, which had granted judgment for the plaintiff, the circuit court of appeals said that the action could be maintained against the defendant if there was a wrongful invasion of plaintiff's property rights; but held for defendant because the damage suffered by plaintiff was an incident …

Corporations - Limitation Of Actions - Nature Of Directors' Statutory Liability For Illegal Loans To Stockholders, Oscar Freedenberg

Michigan Law Review

The creditors of a bankrupt corporation sued its directors under a New Jersey statute that made the directors liable for all corporate debts to the extent of loans illegally made to stockholders. The decision hinged on the nature of the directors' liability with respect to the New Jersey statute of limitations. The directors maintained that the action was either for a contractual debt or else for a penalty, and that in either case it was barred by limitations. Held, that the liability of the directors was neither for a simple debt nor for a penalty within the meaning of …

The Powers Of A Court Of Equity In State Tax Litigation, Maurice S. Culp

Michigan Law Review

Hitherto a state taxpayer, otherwise meeting the jurisdictional requirements of a federal district court, could secure an injunction from such a court upon a showing that there was no adequate remedy at law in the federal district court, and this regardless of the legal or equitable remedies afforded by the state courts.

In view of this recent legislation, it becomes important to ascertain the new limitation upon the equity powers of the federal district courts in state tax litigation. Likewise, because of these new rigid limitations upon the jurisdiction of the federal courts, the attitude of the state courts of …

Physicians And Surgeons - Malpractice - Removal Of Swabs By Surgeon - Res Ipsa Loquitur, Michigan Law Review

Michigan Law Review

Defendant surgeon failed to remove a swab from deceased's body after a major abdominal operation, relying in part on the accuracy of the count made by the head theatre nurse, employed by the hospital in which the operation occurred. In a suit by the mother of deceased against defendant for his alleged negligence, held, the doctrine of res ipsa loquitur applies, necessitating an explanation by defendant, but it is for the jury to decide on the evidence in the entire case whether defendant's conduct constituted a breach of his duty to use due care in performing the operation. Mahon …

Public Utilities - Consumers' Actions To Enforce Performance Of Public Duties, Edmund R. Blaske

Michigan Law Review

The petitioner, suing on behalf of himself and ten thousand other consumers, sought to compel the defendant gas company to furnish gas in accordance with the terms of a rate ordinance. The defendant challenged the petitioner's right to sue, on the ground that statutes had conferred this right upon the city solicitor. Held, the statutes were not intended to abrogate a consumer's common-law right to compel a utility company to perform its public duty. Maxwell v. Ohio Fuel Gas Co., 61 Ohio App. 394, 22 N. E. (2d) 639 (1939).