Law Commons^™

Municipal Corporations—Civil Service, Dewey Ertell Jr.

Buffalo Law Review

Wirzberger v. Watson, 305 N. Y. 507, 114 N. E. 2d 15 (1953);Ebling v. New York State Civil Service Commission, 305 N. Y. 221, 112 N. E. 2d 203 (1953).

Municipal Corporations—Municipal Tort Liability, Dewey Ertell Jr.

Buffalo Law Review

Teresta v. City of New York, 304 N. Y. 440, 108 N. E. 2d 397 (1952); Gehr v. Bd. of Education of the City of Yonkers, 304 N. Y. 436, 108 N. E. 2d 371 (1952); Munroe v. Booth, 305 N. Y. 426, 113 N. E. 2d 546 (1953).

Municipal Corporations—Home Rule, Dewey Ertell Jr.

Buffalo Law Review

Salzman v. Impellitteri, 305 N. Y. 414, 113 N. E. 2d 543 (1953).

Municipal Corporations—Community Planning, Dewey Ertell Jr.

Buffalo Law Review

City of Yonkers v. Rentways, Inc., 304 N. Y. 499, 109 N. E. 2d 597 (19S2).

Local Law—Teachers Held To Be "Employees" Of Municipality, John J. Cooney

Buffalo Law Review

Shlakman v. Board of Higher Education, 282 App. Div. 718, 122 N. Y. S. 2d 286 (2d Dep't 1953).

The Sale Of Mortgaged Real Estate Under The Indiana Gross Income Tax: A Judicial Lesson In Semantics

Indiana Law Journal

No abstract provided.

Local Government Law, Clyde L. Ball

Vanderbilt Law Review

This summary is limited to cases decided in the Court of Appeals and Supreme Court of Tennessee, reported during the last year, and dealing with some phase of that body of law which embraces' Municipal Corporations, Counties, Officers, Elections and related topics fitting into the general classification of Local Government Law. No attempt has been made to consider Acts of the 1953 General Assembly which may have affected this field, as most of the legislation in this field is local in nature.

Creditor's Rights, Paul J. Hartman

Vanderbilt Law Review

In City Finance Co. v. Perry, the Tennessee Supreme Court was called upon to construe a portion of the new and rather involved Motor Vehicle Title and Registration Law, which was enacted by the 1951 legislature. The Perry case construed the provisions which have to do with the recordation of liens upon the certificate of title as constructive notice thereof. These require owners of motor vehicles to register them in the name of the owner with the Motor Vehicle Division of the Tennessee Department of Safety and to procure from it a certificate of title and a title card. This …

Annual Survey Of Tennessee Law, John W. Wade

Vanderbilt Law Review

The idea of an annual survey of the law of a particular jurisdiction is not a new one, either in this country or abroad. During a period of at least 25 years an increasing number of publications have undertaken to present such a survey. The task is a delicate one, and performances have been somewhat uneven. A mere digest of appellate opinions or a scissors-and-paste collection of expressed rules of law serves some useful purpose but scarcely justifies separate existence. On the other hand an exhaustive discussion of most of the individual decisions prevents a view of the forest for …

Effectiveness Of State Anti-Subversion Legislation

Indiana Law Journal

No abstract provided.

Labor Law-State Regulation Of Recognition And Organizational Picketing, Richard D. Rohr S.Ed.

Michigan Law Review

Just as the fixed circumference of spheres of influence tends to reduce clash and friction in world affairs, so peaceful industrial relations are fostered by definite legal rules of conduct. Recent litigation, both by its amount and variety of result, testifies to a continued uncertainty as to the permissible scope of peaceful, primary picketing. The major problems may be subsumed under the loose category of "stranger picketing," but a distinction of some legal significance has developed within this category between picketing by the non-representative union for recognition by the employer and picketing for organizational purposes, that is, to win the …

Civil Procedure-Joinder Of Causes Of Action In Michigan, J. David Voss

Michigan Law Review

Plaintiffs were the owners of several lots, and used their respective properties as residences. Defendants, manufacturers of cement and concrete products, operated several large trucks in their business. Plaintiffs filed a declaration to recover damages for injuries to their properties sustained as a result of the loud noises, vibrations, and cement dust caused by the defendants' trucks when using an alley leading to defendants' place of business. The defendants' motion for dismissal on grounds of misjoinder of parties and causes of action was overruled. On appeal, held, reversed. Owners of property are not entitled to be joined in one …

People Ex Rel. Skelly V. Glendale [Dissent], Jesse W. Carter

Jesse Carter Opinions

The Annexation Act of 1913 required the city to publish notice of desired annexation at least once a week for four weeks. It did not require a minimum period of four weeks; thus, 26 days between first publication and the election was compliant.

Federal Control Of Conflict Of Laws, Elliott E. Cheatham

Vanderbilt Law Review

Under our federal system of government two sets of laws operate within the country, the laws of the constituent states and the laws of the central government. For lawyers there is the ever present question, which of them applies to a case: the law of a state, to be interpreted finally by the courts of the state; or national law--federal law, as it is usually called--of which the Supreme Court of the United States is the final arbiter?

Interstate and international matters, with which conflict of laws deals, involve national as well as state interests. In the United States it …

Constitutional Law-Relation Between State And Federal Governments, J. David Voss

Michigan Law Review

Plaintiffs, employees of a United States Naval Ordnance Plant located in an area of exclusive federal jurisdiction within the State of Kentucky, sued in a state court for a declaratory judgment that a license tax on the privilege of working in the City of Louisville, measured by a percentage of all salaries, wages and commissions earned within the city, was not applicable to them. Defendants' demurrer was overruled, and the collection of the tax enjoined. The Kentucky Court of Appeals reversed, and judgment was entered for the defendants. The court of appeals affirmed. On appeal to the United States Supreme …

Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Real Property-Torrens System-Preservation Of Equitable Easements, Paul Campbell

Michigan Law Review

Plaintiff sued to have certain lots declared free and clear of a restrictive covenant. The land was registered under a Torrens statute, but the restrictive covenant was not noted on the certificate of title. However, it was noted on a plat of the land which was referred to in the certificate of title for the purpose of identifying the location of the land. The lower court denied relief and enjoined violation of the restrictions. Held, reversed, plaintiff as a good faith purchaser for value of registered land, obtains the land free and clear of a restrictive covenant not noted …

Future Interests-Powers Of Appointment-Exclusive And Nonexclusive Powers And The Doctrine Of Illusory Appointments, John Houck S.Ed

Michigan Law Review

Testatrix, after making certain specific bequests, devised the residue of her estate to her son George for life. The will stated that upon the death of George, the property should pass to his widow and descendants, "provided, however, that [George] may devise his interest to his widow, his descendants or my descendants." The will further provided that if George should die leaving no widow or descendants, and without having made a testamentary disposition, the property was to pass one-half to George's brother and his descendants, and one-half to a sister. George died without having married and left a will which …

Federal Procedure-Applicability Of State Decisional Law Interpreting State Statutes Of Limitations Under Section 11 (E) Of The Bankruptcy Act, Charles E. Oldfather S.Ed

Michigan Law Review

Plaintiff is the trustee in bankruptcy of a Virginia corporation whose petition for reorganization under chapter X of the Bankruptcy Act was approved by a Virginia federal district court in 1942. Plaintiff filed this action in a New York federal district court under section 11 (e) of the Bankruptcy Act against defendant, the principal stockholder, and others for breach of fiduciary duty. The alleged breaches of duty occurred in 1927 and 1929. The defendant pleaded the New York statute of limitations and contended that it should be applied as interpreted by New York decisions, which hold that the statute begins …

Municipal Corporations-Right Of City To Charge Nonresident Consumers Discriminatory Rates For Utility Services. [Texas]

Washington and Lee Law Review

No abstract provided.

Municipal Corporations-Expenditure Of Funds Accruing From Parking Meters, William A. Bain, Jr. S.Ed.

Michigan Law Review

Panama City proposed to issue bonds to finance the reconstruction, paving, and improvement of city streets. The bonds were to be secured by and payable from the revenue of the city's parking meters. A petition for validation of the bond issue was submitted and was refused. On appeal, held, affirmed. The city may not use the revenue from the parking meters to finance the reconstruction, paving and improvement of streets since this bears no reasonable relation to the regulation of parking and is therefore an illegal exercise of the police power. Panama City v. State, (Fla. 1952) 60 …

Simpson V. Los Angeles [Dissent], Jesse W. Carter

Jesse Carter Opinions

A city, under its police power, could enact local measures that did not conflict with general statutes. An ordinance providing for the surrender of unclaimed animals to humane research facilities did not conflict with state laws.

Sutter Basin Corp. V. Brown [Dissent], Jesse W. Carter

Jesse Carter Opinions

County treasurer could not call bond assessment over and above amount needed to meet unpaid principal and interest. After bonds were issued there was no right to call the assessment except to meet unpaid installments of principal and interest.

May V. Board Of Directors, Jesse W. Carter

Jesse Carter Opinions

The owner of bonds issued by an irrigation district was not entitled to relief in aid of writ of mandamus, compelling the district board of directors to comply with a previous writ ordering the board to levy an assessment on lands to pay her bonds.

Civil Procedure-Habeas Corpus-Exhaustion Of State Remedies In Rendition Cases, Alfred W. Blumrosen

Michigan Law Review

Respondent, a convict, was apprehended in Ohio after escaping from an Alabama prison. He attempted to prevent rendition by petitioning the Ohio courts for a writ of habeas corpus, alleging that he had suffered cruel and unusual punishment in the Alabama prison contrary to the Fourteenth Amendment and, if forced to return, would be subject to further brutal treatment. His petition was denied at all levels in the Ohio courts and the United States Supreme Court denied certiorari. A similar petition was then denied by the Federal District Court in Ohio, but the court of appeals reversed without opinion and …

Civil Procedure-Right Of Impleader Under Michigan Contribution Statute, W. J. Roper

Michigan Law Review

Plaintiff, a resident of Michigan, brought a negligence action against defendant, an Illinois corporation, for personal injury in the Federal District Court for the Eastern District of Michigan. The defendant moved to implead a citizen of Michigan and a Michigan corporation as third party defendants on the theory that under the Michigan Contribution Statute as concurrent tortfeasors they would be liable to him for part of the judgment in the event that plaintiff recovered in the suit. The court granted the motion and the defendant filed its third party complaint. Plaintiff then moved to dismiss the third party complaint. Held …

Constitutional Law-Due Process-Burden Of Proving Insanity As Defense To Crime, Lois H. Hambro S.Ed.

Michigan Law Review

Defendant was convicted of first degree murder after having pleaded insanity as a defense to the charge. He appealed to the Supreme Court of Oregon, alleging that the Oregon statute, which required an accused pleading insanity to prove it beyond a reasonable doubt, violated the due process clause of the Fourteenth Amendment because it placed on him the burden of proving his inability to premeditate and intend the criminal act. The defendant relied in part on the fact that Oregon is the only state requiring insanity to be proved ''beyond a reasonable doubt," while other states require at most that …

Labor Law-Class Action By Labor Union Members To Enforce Collective Bargaining Agreement-Jurisdiction Of State Courts, John Houck S.Ed.

Michigan Law Review

Plaintiff was an employee of defendant corporation, and an officer of the union accredited as bargaining agent. He brought an equity suit in the Ohio courts for specific enforcement of a collective bargaining agreement and to collect back wages, on behalf of himself and other union members similarly situated. The basis of the suit was section 11257 of the Ohio General Code, providing for class actions. The lower court dismissed the petition on the grounds of no jurisdiction under that section. On appeal, held, reversed. Although the defendant corporation's activities in interstate commerce subject it to federal labor legislation, …

Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.

Michigan Law Review

A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …

Municipal Corporations--Charter Amendment-Submission Of Three Propositions In The Form Of One Question, Joseph M. Kortenhof S.Ed.

Michigan Law Review

The council of defendant city adopted a resolution whereby the city charter was to be amended to authorize a limitation of I% per annum on property taxes, an excise tax of 1% per annum on salaries, commisions and profits of both nonresidents and residents, and disposition of the monies received by the income tax. The proposed charter revision was approved by the qualified electors by a margin slightly less than two to one. The plaintiffs, electors and residents of the city, obtained an injunction against enforcement of the charter amendment. On appeal, held, affirmed. The charter revision was ineffectual …