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Articles 15421 - 15450 of 16711

Full-Text Articles in Law

Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis Apr 1949

Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis

Michigan Law Review

Petitioners, a female white and a male Negro, applied to respondent, county clerk of Los Angeles County, for a marriage license. Respondent refused to issue the license, relying on sections 60 and 69 of the California Code. Petitioners brought a mandamus proceeding to compel respondent to issue the license, contending that the statutes relied on by respondent were unconstitutional in that they prohibited the free exercise of their religion. Held, in a four to three decision, the statute is unconstitutional. Three justices of the majority found that the statute violated the equal protection clause of the United States Constitution …

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Negligence-Guest Statutes-Applicability To Operation Of Automobile On Host's Premises, Janice Richardson Apr 1949

Negligence-Guest Statutes-Applicability To Operation Of Automobile On Host's Premises, Janice Richardson

Michigan Law Review

Plaintiff accompanied a friend to defendant's garage to park the friend's automobile and later returned alone, without a claim check, to obtain a package she had left in the automobile. An attendant, who was about to park another automobile, invited her to ride to the second Hoor to secure the package herself. Plaintiff was injured when the attendant negligently drove the automobile against an elevator. Held, judgment for defendant affirmed. Plaintiff was a guest within the meaning of the Ohio guest statute and could not recover for injuries unless caused by willful or wanton misconduct. Kilgore v. U-Drive-It Co. …

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Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy Apr 1949

Practice And Procedure-Joint Tortfeasors-Cross Claim Against Co-Party, James F. Gordy

Michigan Law Review

Plaintiff was driving his team on the highway, closely followed by the auto of defendant Wood, which was in turn followed by that of defendant Perry. Perry, driving at a high rate of speed, collided with the rear of Wood's auto, causing it to collide with plaintiff's wagon. Plaintiff sued both defendants to recover for damage to himself and his wagon, alleging negligence in the conduct of each. Defendants answered, each denying his own negligence. Wood interposed a cross claim against Perry, alleging Perry's negligence to be the sole cause of the collision, and demanded judgment for damage to his …

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Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr. Apr 1949

Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr.

Michigan Law Review

Plaintiff sued a corporation and its president to recover money paid for purchase of stock sold in violation of the ''blue sky" laws of Michigan. The president, through correspondence, had induced plaintiff to complete the purchase. Plaintiff had judgment below against both defendants. The president alone appealed, contending among other things that he was not an "agent" within the meaning of the statute. Held, affirmed. The word "agent" in the Michigan statute1 includes officers and directors of the corporation whether they are authorized "agents" or are holding themselves out as "agents" of the corporation. Cleland v. Smart, 321 …

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Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod Mar 1949

Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod

Michigan Law Review

Petitioner was convicted in Illinois on pleas of guilty to two indictments charging him with a non-capital offense. On writ of error to the Supreme Court of Illinois, petitioner alleged that the trial court had not inquired into his desire or ability to have counsel and that he had been convicted without having had assistance of counsel. His contention that the circumstances alleged constituted a violation of the State and Federal Constitutions was overruled, and the judgments of the lower court affirmed. On certiorari to the United States Supreme Court, held affirmed. The due process clause of the Fourteenth Amendment …

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Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier Mar 1949

Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier

Michigan Law Review

Public utility services for cities are usually provided on the principle of regulated monopoly. It has been found that by the very nature of the utility business, better service can be had and at cheaper rates by the use of one supplier rather than by the use of competing plants: This one plant having a monopoly of the business may be either privately or municipally owned. If the service is furnished by a privately owned utility, regulation is usually by a state commission, but in a few states regulation is still largely by the city in which the company operates. …

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Right Of Privacy-Status Of The Law In Michigan-Liability For Commercial Use Of Photograph, Thomas L. Waterbury Mar 1949

Right Of Privacy-Status Of The Law In Michigan-Liability For Commercial Use Of Photograph, Thomas L. Waterbury

Michigan Law Review

Defendant published plaintiff's photograph in connection with a cosmetics advertisement in a Detroit newspaper. Plaintiff sought damages, alleging that she neither knew of nor assented to the publication of the photograph, that the publication constituted an invasion of her right to be free from offensive publicity, and that she had suffered consequential damages. The trial court sustained defendant's motion to dismiss on the ground that the complaint stated no cause of action. On appeal, held, reversed and remanded. Plaintiff stated a cause of action for invasion of her right of privacy. Pallas v. Crowley, Milner & Co., 322 …

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Physicians And Surgeons-Status Of Osteopaths-Limitations On Practice, Daniel W. Reddin, Iii S.Ed. Feb 1949

Physicians And Surgeons-Status Of Osteopaths-Limitations On Practice, Daniel W. Reddin, Iii S.Ed.

Michigan Law Review

Until recently, the osteopath has generally been given a limited license. The present status of the osteopath is best understood by a comparison with that of the unlimited practitioner. Though most of the statutes have been examined, this comment is based primarily upon those of Illinois, New York, Pennsylvania, Ohio, Michigan, California, Massachusetts and Indiana, which are fairly typical of the rest. These statutes vary widely in their provisions, but for the purposes of discussion, they have been treated in three arbitrary categories: (1) statutes in which the scope of the osteopath's license is considerably narrower than that of the …

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Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review Feb 1949

Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review

Michigan Law Review

A Review of CONSERVATION OF OIL AND GAS, A LEGAL HISTORY-1948. Edited by Blakely M. Murphy.

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Labor Law - Impact Of Labor-Management Relations Act On State Regulation Of Union Shop Contracts, W. J. Schrenk, Jr. S.Ed. Feb 1949

Labor Law - Impact Of Labor-Management Relations Act On State Regulation Of Union Shop Contracts, W. J. Schrenk, Jr. S.Ed.

Michigan Law Review

The petitioning labor union made a contract with defendant employer, who was engaged solely in interstate commerce, providing that all employees were to be furnished by the union. If members could not be supplied, non-members might be hired but were required to join the union within two weeks from the date of employment. The defendant labor commissioner of the State of New Hampshire threatened to prosecute petitioner under a state statute, known as the Willey Act, which prohibited union security contracts except when ratified by two-thirds of the employees affected. Petitioner sought a declaratory judgment that the provisions of the …

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Process--Substituted Service On Nonresident Motorists, David S. De Witt Feb 1949

Process--Substituted Service On Nonresident Motorists, David S. De Witt

Michigan Law Review

While in Missouri, defendant, a nonresident, lent his automobile to two minors who were later involved in a collision in which plaintiff was injured. Although defendant was not present at the accident, the act of lending the vehicle to the minors was alleged by plaintiff to be negligent. Jurisdiction over defendant was sought by service upon the Secretary of State of Missouri in reliance on statute. In a motion to quash service, defendant claimed that his use of the vehicle did not result in plaintiff's injury, and that the operator was not his agent at the time of the injury. …

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Coigne: Statute Making, Michigan Law Review Feb 1949

Coigne: Statute Making, Michigan Law Review

Michigan Law Review

A Review of STATUTE MAKING. By Armand B. Coigne.

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Carrying A Concealed Weapon--Nature Of The Offense In Kentucky, James C. Blair Jan 1949

Carrying A Concealed Weapon--Nature Of The Offense In Kentucky, James C. Blair

Kentucky Law Journal

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1949, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1949

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1949, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Kentucky's "Pay-As-You-Go" Plan For Municipalities, Frank R. Warnock Jan 1949

Kentucky's "Pay-As-You-Go" Plan For Municipalities, Frank R. Warnock

Kentucky Law Journal

No abstract provided.

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The Res Ipsa Loquitur Doctrine In Kentucky, Fred H. Daugherty Jan 1949

The Res Ipsa Loquitur Doctrine In Kentucky, Fred H. Daugherty

Kentucky Law Journal

No abstract provided.

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"Child Marriages" In Kentucky, John R. Gillespie Jan 1949

"Child Marriages" In Kentucky, John R. Gillespie

Kentucky Law Journal

No abstract provided.

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1949-1957 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court Jan 1949

1949-1957 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Minute Book from Rowan County (Ky.) Circuit Court from 1949 to 1957.

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Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed. Jan 1949

Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.

Michigan Law Review

Despite progress in recent years toward the elimination of lynching, the demand for adequate federal legislation to cope with the problem is unabated. For almost three decades Congress has considered a succession of anti-lynching bills, most of which have been favorably reported by committees. None has become law. Legislators and others opposing the enactment of a federal anti-lynching act have placed primary reliance on an asserted lack of constitutionality. It is argued that lynching is merely local crime within the scope of the power and responsibility of the states to enforce their own criminal law. The purpose of this comment …

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Domestic Relations - Statutory Abolition Of Certain Causes Of Action, George A. Rinker S.Ed. Jan 1949

Domestic Relations - Statutory Abolition Of Certain Causes Of Action, George A. Rinker S.Ed.

Michigan Law Review

ln response to widespread and vigorous criticism of the abuses practiced through the use of the action at law for breach of promise to marry, and to a lesser extent, the actions for alienation of affections, criminal conversation, and seduction, several states enacted legislation designed to eliminate the evils complained of by abolishing some or all of those causes of action. The purpose of the present discussion is to analyze and compare the various statutes, and to indicate how they have fared in the courts; in short, to survey the whole reform program as it stands twelve years after the …

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Constitutional Law-Equal Protection-State Restrictions In Nominations Of Candidates, David H. Armstrong S.Ed. Jan 1949

Constitutional Law-Equal Protection-State Restrictions In Nominations Of Candidates, David H. Armstrong S.Ed.

Michigan Law Review

The Progressive Party, unable to qualify as a political party for purposes of the Illinois primary election, sought to nominate candidates for state and national offices by petition. The Illinois Election Code provides that such nominating petitions shall include the signatures of at least 200 qualified voters from each of at least 50 counties in the state. Of the state's registered voters, 87 per cent reside in the 49 most populous counties. The State Officers Electoral Board found that the petitions were insufficient, and the Illinois Supreme Court denied a motion for leave to file a petition of mandamus to …

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Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street Jan 1949

Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street

Michigan Law Review

Anglo-American legal systems have for so long lingered behind the Continent of Europe in developing a satisfactory basis of governmental civil liability that the enactment of the Federal Tort Claims Act of 1946 in the United States, and the Crown Proceedings Act of 1947 in Great Britain are events justifying a comparison and evaluation of these belated attempts to provide the citizens with an adequate remedy against the State.

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Courts--Process--Nonresident Motorist Service Statute--Service On "Driver" As Within Provision Permitting Service On "Owner", C. C. Grunewald S.Ed. Jan 1949

Courts--Process--Nonresident Motorist Service Statute--Service On "Driver" As Within Provision Permitting Service On "Owner", C. C. Grunewald S.Ed.

Michigan Law Review

While in Arkansas, appellee, an Illinois resident, drove a third party's automobile and was involved in a collision in which plaintiff's intestate was killed. Plaintiff instituted a negligence action in an Arkansas court against appellee, who had previously returned to Chicago, by service and notification pursuant to the Arkansas nonresident motorist service statute. Appellee appeared specially and moved to quash the service as ineffective under the statute. On appeal from the lower court's decision sustaining the motion, held, affirmed. The statutory language which permitted service on a nonresident "owner" did not allow service on a nonresident "driver." Kerr v. …

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Wills-Validity Of Attestation On Separate Sheet Of Paper Not Physically Attached To Will, Myron J. Nadler Jan 1949

Wills-Validity Of Attestation On Separate Sheet Of Paper Not Physically Attached To Will, Myron J. Nadler

Michigan Law Review

Testatrix drew an instrument consisting of a single sheet of paper, intending it as her will. In the presence of a notary public, three witnesses observed the instrument with testatrix' signature thereon and her acknowledgment of it as her will, but did not sign it. The document was then placed in an envelope. A separate instrument of attestation which referred to the will was prepared by the notary and signed by the testatrix and the attesting witnesses. This instrument and the envelope containing the will were both placed in another folder which was then deposited with the proper officials. Probate …

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Sufficiency Of The Title To A Legislative Act--Engle V. Bonnie, James M. Lassiter Jan 1949

Sufficiency Of The Title To A Legislative Act--Engle V. Bonnie, James M. Lassiter

Kentucky Law Journal

No abstract provided.

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Violation Of A Municipal Ordinance As Negligence Per Se In Kentucky, Donald Kepner Jan 1949

Violation Of A Municipal Ordinance As Negligence Per Se In Kentucky, Donald Kepner

Kentucky Law Journal

No abstract provided.

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Judicial Control Of Administrative Action By Means Of The Extraordinary Remedies In Minnesota, John A. Bauman, Stefan A. Riesenfeld, Richard C. Maxwell Jan 1949

Judicial Control Of Administrative Action By Means Of The Extraordinary Remedies In Minnesota, John A. Bauman, Stefan A. Riesenfeld, Richard C. Maxwell

Articles by Maurer Faculty

No abstract provided.

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Oral Contracts For The Sale Of Standing Timber In Kentucky, Joseph C. Thompson Jan 1949

Oral Contracts For The Sale Of Standing Timber In Kentucky, Joseph C. Thompson

Kentucky Law Journal

No abstract provided.

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Kentucky Procedure--Reviewability Of Trial Court Decrees In Divorce, John J. Larkin Jan 1949

Kentucky Procedure--Reviewability Of Trial Court Decrees In Divorce, John J. Larkin

Kentucky Law Journal

No abstract provided.

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Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler Jan 1949

Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler

Kentucky Law Journal

No abstract provided.

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