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Articles 7531 - 7560 of 8398

Full-Text Articles in Law

Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell Dec 1941

Torts - Effect Of Attractive Nuisance Doctrine On Municipal Liability To Children On The Streets, Donald H. Treadwell

Michigan Law Review

Plaintiff, an eight year old girl, stopped on the way home with a playmate to play around a newspaper stand located on the edge of the sidewalk. The stand was maintained by a vendor who was licensed by the city. While the plaintiff was standing beside the stand, her playmate swung from the top, causing it to topple over on the plaintiff and gash her forehead. Despite medical care infection set in and a disfiguring scar resulted. There was evidence that the stand had fallen over previously for various reasons. Held, that the defendant city was negligent in not …

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Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting Nov 1941

Mortgages - Subrogation Of A Volunteer, Herbert R. Whiting

Michigan Law Review

After the marriage of the plaintiff to Victor Scheutz the latter's mother conveyed certain property to Victor and his sister, Viola, subject to an outstanding mortgage which the grantees assumed. Immediately after the completion of this transaction Victor and Viola, with plaintiff joining to release her dower, executed deeds of reconveyance to their mother. Thereafter Victor, Viola, and their mother, and plaintiff used the premises as a summer cottage until 1939, when plaintiff was granted a divorce. In 1932 upon request by the mortgagee for part payment of the mortgage debt plaintiff paid it in full. In this action, instituted …

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Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively Nov 1941

Damages - Expenses Of Litigation - Counsel Fees In A Previous Suit, Gerald M. Lively

Michigan Law Review

Plaintiffs brought this appeal from a judgment dismissing an action to recover the attorney's fees and other expenses of the prosecution of a prior suit with defendant. In the former action plaintiffs had secured a decree requiring defendant to convey to them certain property which the defendant had withheld fraudulently and maliciously. In the present action defendant successfully had moved to dismiss on the grounds that attorney's fees as between original litigants were not recoverable and further that this claim was res judicata due to the prior suit. Held, one justice dissenting as defendant's intentional and wilful misconduct necessitated …

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Executors And Administrators - Liability Of Original Lessee's Estate On Assigned Long - Term Lease, Charles G. Schwartz Nov 1941

Executors And Administrators - Liability Of Original Lessee's Estate On Assigned Long - Term Lease, Charles G. Schwartz

Michigan Law Review

Defendant's testator had entered into a ninety-nine year lease with the plaintiff lessor, and shortly afterward, with the consent of the plaintiff, had assigned the lease to a corporation. The lease was renewable forever. Fourteen years later the original lessee died testate, leaving an estate of approximately $1,000,000. The lessor now seeks to have the court impound nearly all of the estate as security for future rent payments. At the time of suit there had been no default in rent installments. Held, plaintiff has no present cause of action. In the absence of any default in rent, mere privity …

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Limitation Of Actions - Landlord And Tenant - Installment Rent Payments, Reid J. Hatfield Nov 1941

Limitation Of Actions - Landlord And Tenant - Installment Rent Payments, Reid J. Hatfield

Michigan Law Review

Defendant rented a farm from plaintiff under a written lease for five years and then held over under the same terms by an oral agreement. Plaintiff brought an action for arrearages in rent payments, claiming that the four-year statute of limitations on open book accounts was applicable, but defendant alleged that the two-year statute on oral contracts barred the action. Held, the two-year statute was applicable and barred the action. When rent is payable in specified monthly sums, the statute runs from the respective date when each installment falls due. Tillson v. Peters, 41 Cal. App. (2d) 671, …

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Taxation--Appeal From Circuit Court On Issues Of Valuation, E. E. T. Jr., L. E. T. Ii Jun 1941

Taxation--Appeal From Circuit Court On Issues Of Valuation, E. E. T. Jr., L. E. T. Ii

West Virginia Law Review

No abstract provided.

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The New Delinquent Lands Statute, Clyde L. Colson Jun 1941

The New Delinquent Lands Statute, Clyde L. Colson

West Virginia Law Review

No abstract provided.

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Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom Jun 1941

Bankruptcy- Municipal Reorganization - Fairness Of Plan, Kenneth J. Nordstrom

Michigan Law Review

A local government district, finding itself hopelessly in debt, filed a petition for relief under Chapter IX of the Bankruptcy Act as amended. The municipal debt composition plan provided that bondholders would receive eight cents on the dollar. The evidence showed that a considerable quantity of bonds were bought by local landowners at much more than eight cents on the dollar, evidently for the purpose of being used in getting the approval of some such plan as proposed, in the expectation of an increase in value of their lands by improvements to be made by the debtor through a loan …

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Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel May 1941

Exemptions - Loss Of Homestead Exemption, Felicia I. Hmiel

Michigan Law Review

Due to inability to make a living, the defendant and his family left their homestead in 1932 with the intention of re-occupying it as soon as they secured enough money to buy the necessary equipment to maintain themselves on the farm. In October, 1937, a judgment was recovered by plaintiff against defendant, execution was issued and levy made on the still vacant homestead, and a date of sale set for June, 1939. Defendant claimed homestead exemption. Held, that since it did not appear when, if ever, defendant would return to the homestead, the removal and seven years' absence was …

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Taxation--Property Tax--Chattels Real Not Taxable As Personalty Within Class I, L. E. T. Ii Apr 1941

Taxation--Property Tax--Chattels Real Not Taxable As Personalty Within Class I, L. E. T. Ii

West Virginia Law Review

No abstract provided.

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Deeds--Rules Of Construction--Intent Of Grantor, H. L. W. Jr. Apr 1941

Deeds--Rules Of Construction--Intent Of Grantor, H. L. W. Jr.

West Virginia Law Review

No abstract provided.

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Landlord And Tenant--Covenant Running With The Land--Rule In Dumpor's Case, N. E. S. Apr 1941

Landlord And Tenant--Covenant Running With The Land--Rule In Dumpor's Case, N. E. S.

West Virginia Law Review

No abstract provided.

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Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover Apr 1941

Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover

Michigan Law Review

Lands set aside by statute as common property of the Chickasaw and Choctaw Indian tribes were, pursuant to an act of Congress, leased to one Gunther by mining trustees of the tribes. The lease contained covenants to pay "stipulated annual advance royalties," and also provided that no assignment should be made without the consent of the trustees "subject to the approval of the Secretary of the Interior." Defendant surety company executed a bond for the faithful performance of the terms of the lease, and the same was duly approved. Then Gunther, with the consent of the trustees, but not the …

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Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting Apr 1941

Slander Of Title - Nature Of The Action - Statute Of Limitations, Herbert R. Whiting

Michigan Law Review

Plaintiff brought an action to recover damages occasioned by certain letters, alleged to be false and malicious, written by the defendant of and concerning the title to plaintiff's property. Since the letters were written more than one year prior to the commencement of the action, defendant argued that the action was barred by a clause in the local statute of limitations providing that "actions for libel and slander shall be commenced within one year after the cause of action shall have accrued." On the other hand the plaintiff asserted that the case came under the statute's two-year limitation of actions …

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Personal Property Taxation In Kansas, By The Kansas Legislative Council Research Department, Robert C. Brown Apr 1941

Personal Property Taxation In Kansas, By The Kansas Legislative Council Research Department, Robert C. Brown

Indiana Law Journal

No abstract provided.

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Ownership Of Real Property In Illinois By Non-Residents Of The State, By The Illinois Legislative Council Apr 1941

Ownership Of Real Property In Illinois By Non-Residents Of The State, By The Illinois Legislative Council

Indiana Law Journal

No abstract provided.

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Life Estate With A Limited Power Of Disposition Apr 1941

Life Estate With A Limited Power Of Disposition

Indiana Law Journal

Notes and Comments: Property and Estates

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On Leasing Gas From Coal Seams, C. C. Williams Jr. Apr 1941

On Leasing Gas From Coal Seams, C. C. Williams Jr.

West Virginia Law Review

No abstract provided.

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Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie Apr 1941

Federal Power Act - Jurisdiction And Functions Of The Federal Power Commission - Constitutional Limitations, Robert P. Kneeland, Stark Ritchie

Michigan Law Review

Before December 16, 1940, John Smith could look complacently on the muddy creek flowing through his pasture, secure in the knowledge that the right to use the waters in that stream was his, free from any outside interference, so long as he had due regard for the rights of his neighbors. Now, however, John Smith would do well to examine the myriad regulations and provisions of the federal statutes before damming that creek to store up water for his cows during the dry season. It is entirely possible that his muddy creek would now be considered a "navigable" stream in …

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Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review Apr 1941

Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review

Michigan Law Review

A federal grant of public land to the city of San Francisco, on condition that the land be used for municipal production and distribution- of water and electricity, contained an express prohibition against the sale of electric energy to any private company for resale. The United States sought to enjoin the city from carrying out a contract with a private corporation whereby the latter distributed the electricity to consumers at rates set by the state railroad commission. The federal circuit court of appeals declared the relationship between the city and corporation was that of agency, rather than vendor and vendee. …

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Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review Apr 1941

Landlord And Tenant - Notice To Terminate - Subsequent Collection Of Rent As Waiver Of Notice, Michigan Law Review

Michigan Law Review

Defendant tenant held under a month-to-month tenancy. On September 12, plaintiff landlord served him with the requisite thirty-day notice to terminate the tenancy. On October 26, plaintiff was awarded possession by default judgment in summary proceedings before the circuit court commissioner. Defendant subsequently posted an appeal bond to stay execution and appealed to the circuit court. While the appeal was pending, plaintiff billed and collected the October rent and utility charges. Defendant claimed that this waived plaintiff's notice. Held, there was no waiver of notice since the Michigan statutes contemplate recovery of rent until the landlord obtains possession. Detroit …

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Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review Apr 1941

Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review

Michigan Law Review

In 1839 property was granted to the "Trustees of the Church of Christ of Little Grove and their successors in office . . . unto the only proper use and behoof of the Church of Christ at Little Grove during a succession of trustees." A dispute arose within the congregation, causing a schism, and both the plaintiffs and the defendants claimed that they were the successors to the original trustees and that they had carried on the tenets and doctrines of the Church of Christ. The evidence showed that the defendants had been elected trustees at an open meeting presided …

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Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr. Mar 1941

Bankruptcy - Debts Not Affected By A Discharge - Goods Purchased When Insolvent With No Intent To Pay, William C. Wetherbee Jr.

Michigan Law Review

Respondent was suing the debtor in a municipal court of Georgia for goods purchased on account. When the debtor was ajudicated a bankrupt, the respondent changed his action from contract to tort by alleging that the bankrupt had purchased the goods when insolvent with no intent to pay for them. A judgment was obtained by respondent and the bankrupt subsequently received a discharge in bankruptcy. The bankrupt now asks that the respondent be enjoined from further proceeding to enforce this judgment by garnishment or in any other manner. Respondent claims that the judgment was not discharged since it was a …

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Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin Mar 1941

Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin

Michigan Law Review

Nearly all states have been faced with the increasingly difficult problem of what to do with the growing volume of tax delinquent land which has been thrown upon their hands. As a typical example of the financial aspects of this problem, Michigan in 1928 had over $25,000,000 worth of delinquent taxes on 8,757,000 acres of property. In 1932 this acreage was estimated at 15,660,000. By 1937 the unpaid taxes in some of Michigan's counties exceeded five times the assessed value of the delinquent properties. Much of the property could not be sold for the amount of taxes owed, and the …

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Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively Mar 1941

Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively

Michigan Law Review

Some 500 frontage owners in a certain described residential district entered into mutual covenants which stipulated against the sale to, or occupation of, such land by negroes. In an action to enjoin a breach of one of these covenants the defense was asserted that a condition precedent requiring ninety-five per cent of the frontage owners to sign the agreement had not been performed. On a trial of the merits it was found that only about fifty-four per cent of the frontage owners had actually signed. However, in a prior action, an owner, on behalf of herself and other like property …

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Administration Of Estates--Advancement--Method Of Hotchpot, P. J. O'F. Feb 1941

Administration Of Estates--Advancement--Method Of Hotchpot, P. J. O'F.

West Virginia Law Review

No abstract provided.

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Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T. Feb 1941

Landlord And Tenant--Termination Of A Year To Year Tenancy, B. D. T.

West Virginia Law Review

No abstract provided.

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Deeds--Construction--Where Not Effective Until The Future, W. J. C. Feb 1941

Deeds--Construction--Where Not Effective Until The Future, W. J. C.

West Virginia Law Review

No abstract provided.

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Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport Feb 1941

Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport

Michigan Law Review

Plaintiff sued upon an insurance policy, issued to her by the defendant, covering a building in which she was conducting a merchandising business. The building was owned in fee by the plaintiff's father-in-law, who had told the plaintiff that she might occupy it so long as she wished, and that he intended to deed it to her and her children. Held, plaintiff had an insurable interest in the building. Liverpool & London & Globe Ins. Co. v. Bolling, (Va. 1940) 10 S. E. (2d) 518.

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The Assessment And Taxation Of Easements, Snyder Jed King Jan 1941

The Assessment And Taxation Of Easements, Snyder Jed King

Washington Law Review

A sells a plot of ground to B, reserving in the grant an easement of way across B's property. B becomes delinquent in the payment of his taxes on the property and allows it to go by tax foreclosure. C purchases the property at the tax foreclosure sale and now attempts to keep A from using the right of way, asserting that the title he derived from the tax sale has cut off A's right of easement. The resulting problem has received varied treatment in the different jurisdictions of this country. The apparent conflict in the decisions can be partially …

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