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Full-Text Articles in Law

Soldiers And Sailors-Civil Relief Act Of 1940-Application To Decedents' Estates, Secured Obligations, Installment Contracts, Insurance, Taxes, And Assessments Dec 1943

Soldiers And Sailors-Civil Relief Act Of 1940-Application To Decedents' Estates, Secured Obligations, Installment Contracts, Insurance, Taxes, And Assessments

Michigan Law Review

On October 17, 1940, the Soldiers' and Sailors' Civil Relief Act became effective. The discussions which follow, written by different authors, do not cover the entire act, but only the parts indicated by the various headings.


The Scope Of A Civil Action, William Wirt Blume Oct 1943

The Scope Of A Civil Action, William Wirt Blume

Michigan Law Review

In the last fifty years the rules which deal with what Professor Millar happily has called "The Compass of the Cause" have shown "conspicuous advance." This advance is clearly reflected in the Rules of Civil Procedure of the District Courts of the United States, effective in 1938. It is the purpose of this paper, first, to present a complete analysis of the concept: scope of a civil action; second, to show the weaknesses of the codes in dealing with this concept; and, third, to indicate to what extent these, weaknesses have been remedied by the new …


Contracts - Right Of Promisee Of A Creditor-Beneficiary Contract To Sue In Equity For Exoneration, Mary Jane Morris Apr 1943

Contracts - Right Of Promisee Of A Creditor-Beneficiary Contract To Sue In Equity For Exoneration, Mary Jane Morris

Michigan Law Review

The defendant purchased a barber shop and beauty parlor business from the plaintiff; and as part of the contract, the defendant assumed an indebtedness owing to a third person by the plaintiff. In an action brought by the creditor against the present plaintiff and defendant, judgment was rendered against the plaintiff herein and the action was dismissed as to the defendant. In that action, the present plaintiff filed a cross-petition against the defendant in this case, to require her to perform her alleged oral agreement to assume outstanding obligations, and moved to transfer the cross-petition to equity. Trial on the …


Joint Adventure-Actions At Law For Share Of Profits, Hobart Taylor, Jr. Apr 1943

Joint Adventure-Actions At Law For Share Of Profits, Hobart Taylor, Jr.

Michigan Law Review

Action in assumpsit for money due under a contract whereby defendant leased plaintiff's entire clothing factory for the manufacture of 20,000 coats for which defendant held a government contract. By the terms of the agreement, plaintiff was to receive one-half of the net profits. The agreement expressly stated that they were not to be partners. The coats were manufactured pursuant to the agreement. Held, a mere agreement to share profits is, between the parties, insufficient to create a partnership, and assumpsit may be maintained by the members of a joint adventure inter sese for the agreed share of profits. …


Corporations - Dissolution At Suit Of A Minority Stockholder, E. George Rudolph Feb 1943

Corporations - Dissolution At Suit Of A Minority Stockholder, E. George Rudolph

Michigan Law Review

The general statement has often been made that a court of equity has no power to dissolve a solvent corporation at the suit of a minority stockholder, in the absence of special statutory authority. However, some of the cases which seem to support this rule hedge considerably by saying that "ordinarily" or "generally" equity has no such jurisdiction. These cases would seem little different than those which hold that a court of equity has inherent jurisdiction to dissolve a corporation but will exercise it only in cases of extreme necessity. The latter seems to be the prevailing view and on …


Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball Feb 1943

Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball

Michigan Law Review

The plaintiff, a spectator at a baseball game, brought an action to recover for injuries sustained when he was struck by a foul ball. He was sitting in a reserved seat, but in a section of the grandstand not protected by a wire netting. Despite novel allegations designed, apparently, to suggest plaintiff's right to rely on the implication that a "reserved seat" is one which is located back of a protecting screen, and, further, to deny any μappreciation of the risk, on plaintiff's part, by suggesting that, at sixty-four, he was subject to the failing eyesight which customarily accompanies that …