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Articles 15601 - 15630 of 16711

Full-Text Articles in Law

Conflict Of Laws Relating To Installment Sales, Robert E. Lee Dec 1942

Conflict Of Laws Relating To Installment Sales, Robert E. Lee

Michigan Law Review

The most perplexing problem in the field of installment contracts probably occurs when property sold by a title-retaining instrument (conditional sale, chattel mortgage, or bailment lease) in one state is removed to another state where rights of creditors of, or purchasers from, the buyer attach. Inasmuch as the possession of the article has been permitted to be in the buyer, so that outwardly, and with nothing more, he is the apparent owner, the important question arises as to whose rights are higher, the secret owner (the conditional seller, the chattel mortgagee, or the bailor) or the creditor of, or purchaser …

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Powers - Rights Of Donees' Creditors Against Property Subject Thereto When The Power Is General And Is Exercised By Will, Charles Wright, Ill Oct 1942

Powers - Rights Of Donees' Creditors Against Property Subject Thereto When The Power Is General And Is Exercised By Will, Charles Wright, Ill

Michigan Law Review

In general it is said that the majority of jurisdictions in the United States allow creditors of the donee of a general power of appointment, exercisable by deed or will, or by will only, to reach the appointive property when the power is exercised by will, if the donee's personal estate is insolvent and if the appointment is to a volunteer. It would appear from a survey of the authorities dealing with the question that only twenty states have spoken on the subject at all. Of that number only sixteen have decisions which can, by any stretch of the imagination, …

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Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review

Michigan Law Review

Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …

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Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree Mar 1942

Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree

Michigan Law Review

Plaintiff sued defendant city for damages caused his land by the continual discharge of raw sewage into the river about one-half mile above plaintiff's land. The pollution rendered the water of the river unfit for domestic use and deleterious to health. Held, that although the plaintiff failed to allege the necessary elements for a tort action against a municipality, under the Washington statute, he stated a valid cause of action for damages under article I, section 16 of the Washington Constitution which states that "No private property shall be taken or damaged for public or private use without just …

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Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review Mar 1942

Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review

Michigan Law Review

The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. …

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Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin Feb 1942

Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin

Michigan Law Review

Plaintiff brought suit to enjoin the enforcement of the zoning laws of the city of Miami Beach. His property was in a zone reserved for apartment hotels and first-class family residences, but adjacent to an area in which business structures were allowed. Plaintiff sought to erect structures of a business character on his property, despite the zoning law. Held, the zoning law is sustained, for plaintiff's property rights must yield to the interest of the community in maintaining the attractiveness of this resort area. City of Miami Beach v. Ocean & Inland Co., (Fla. 1941) 3 So. (2d) …

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Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews Jan 1942

Labor Law - Unemployment Compensation - Effect Of Voluntary Quitting, Louis C. Andrews

Michigan Law Review

Plaintiff voluntarily quit working for defendant November 7, 1939, to take another job which he reasonably expected to be permanent, but which ended in seven weeks because of a slack in business. He applied for benefits accrued under the Iowa Unemployment Compensation Act during his employment with defendant, to which he was entitled unless disqualified by reason of his voluntary quitting. Defendant employer opposed the claim to prevent charging of benefit payments against his fund. The experience rating features of the Iowa act provide that the smaller the depletion in an employer's fund, the lower his future compensation tax. Held …

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Coram Nobis In Kentucky, Grant F. Knuckles Jan 1942

Coram Nobis In Kentucky, Grant F. Knuckles

Kentucky Law Journal

No abstract provided.

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Book Review. Benjamin, R.M., Administrative Adjudication In New York, Ralph F. Fuchs Jan 1942

Book Review. Benjamin, R.M., Administrative Adjudication In New York, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Negotiable Non-Negotiables: Kentucky County Road And Bridge Bonds Reconsidered, George W. Peak Jan 1942

Negotiable Non-Negotiables: Kentucky County Road And Bridge Bonds Reconsidered, George W. Peak

Kentucky Law Journal

No abstract provided.

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What Constitutes "Doing Business" By A Foreign Corporation In Kentucky, W. Lewis Roberts Jan 1942

What Constitutes "Doing Business" By A Foreign Corporation In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

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Legal Development Of The Borrowing Power Of Kentucky Municipalities, John C. Lovett Jan 1942

Legal Development Of The Borrowing Power Of Kentucky Municipalities, John C. Lovett

Kentucky Law Journal

No abstract provided.

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Pensions For Members Of The Court Of Appeals, John H. Clarke Jr. Jan 1942

Pensions For Members Of The Court Of Appeals, John H. Clarke Jr.

Kentucky Law Journal

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1942, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1942

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1942, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1942, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1942

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1942, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1939-1941], Mississippi. Secretary Of State Dec 1941

Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1939-1941], Mississippi. Secretary Of State

Mississippi Blue Books

No abstract provided.

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Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig Dec 1941

Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig

Michigan Law Review

The National Conference of Commissioners on Uniform Laws approved in 1936 the Uniform Judicial Notice of Foreign Law Act, which has since been adopted by fourteen states. This act was drafted to make uniform a legislative movement of the past twelve years proposing to change two rules of the common law. One is the rule that a state court will not notice the law of sister states in the United States; and the other is the rule that the determination of such law shall be made by the jury and not by the judge. Accordingly, the Uniform Act provides (1) …

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Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis Dec 1941

Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis

Michigan Law Review

Defendant was indicted for alleged violation of the Pennsylvania Fair Sales Act, which prohibits the "advertisement, offer for sale, or sale of any merchandise at less than cost by retailers or wholesalers," and makes violation of the act a misdemeanor. His motion to quash the indictment was sustained by the court of the quarter sessions and affirmed by the superior court, and the state appealed to the Pennsylvania Supreme Court. Held, affirming, that the statute violates the due process clause of the Fourteenth Amendment since it is not within the power of the state to prohibit sales below cost …

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Admiralty - Uniformity Rule, William C. Whitehead Dec 1941

Admiralty - Uniformity Rule, William C. Whitehead

Michigan Law Review

From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application …

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The Supreme Court, The Commerce Clause, And State Legislation, Vincent M. Barnett, Jr. Nov 1941

The Supreme Court, The Commerce Clause, And State Legislation, Vincent M. Barnett, Jr.

Michigan Law Review

Recent decisions have revealed a growing rift in the Supreme Court on the question of the effect of the commerce clause on state legislation. This question, a perennial one in our constitutional history, concerns state legislation affecting in some way or other the carrying on of interstate business, and the validity of that legislation in view of the clause giving Congress the authority to regulate interstate commerce. The permissible scope of state activity in the absence of Congressional action has been the troublesome problem. If Congress acts, the issue is a relatively simple one. When the state action conflicts with …

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Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston Nov 1941

Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston

Michigan Law Review

In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …

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Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston Nov 1941

Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston

Michigan Law Review

Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against …

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Federal Courts - Conflict Between The Federal Declaratory Judgments Act And The Johnson Act, Spencer E. Irons Nov 1941

Federal Courts - Conflict Between The Federal Declaratory Judgments Act And The Johnson Act, Spencer E. Irons

Michigan Law Review

Plaintiff gas company contracted with defendant city to furnish gas from a certain field at rates fixed by ordinance. Plaintiff reserved the right, when this field became insufficient, to furnish gas from other fields at rates to be adjusted in accordance with the increased cost. In a suit in the federal district court for a declaratory judgment, plaintiff sought a determination that the local field had become insufficient, and that it was necessary to furnish gas from other fields. Plaintiff alleged that defendant city refused to recognize the changed conditions and insisted that plaintiff continue to furnish gas at the …

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Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review Nov 1941

Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review

Michigan Law Review

Plaintiff was injured in a collision between the car in which she was riding and a negligently driven fire truck owned by the defendant municipality. Plaintiff's declaration alleged that the fire trucks had been habitually driven in a grossly negligent manner, but the evidence offered at the trial did not substantiate this allegation. The trial court instructed the jury that it could include in the verdict such sum as might be warranted by the evidence as punitive or exemplary damages. The jury awarded $5,000 damages. Held, that plaintiff could recover for torts committed by the fire department, and that …

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Municipal Corporations - Bonds Redeemable At Option Of Municipality- Notice To Bondholders Necessary To Stop Running Of Interest, Michigan Law Review Jun 1941

Municipal Corporations - Bonds Redeemable At Option Of Municipality- Notice To Bondholders Necessary To Stop Running Of Interest, Michigan Law Review

Michigan Law Review

Defendant municipality issued bonds redeemable before maturity at defendant's option. There was no provision for registration, and neither the statute nor the bonds provided for notice of redemption. In May,1938, notice was published in newspapers of general circulation that the bonds were to be redeemed on June 1. Plaintiff, owner of the entire issue, did not know of the redemption until September 27. It sued for interest from June 1 to September 27. Held, notice by publication is sufficient to stop the running of interest, and plaintiff is therefore not entitled to recover. Philadelphia Savings Fund Society v. City …

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Certiorari - Review Of Governor's Dismissal Proceeding, Kenneth J. Nordstrom May 1941

Certiorari - Review Of Governor's Dismissal Proceeding, Kenneth J. Nordstrom

Michigan Law Review

Proceedings were instituted against the directors of a California prison on charges of misconduct, incompetency, and neglect of duty, which resulted in their removal from office by the governor. A constitutional provision authorized the governor to appoint such directors, who were to hold, office for ten years, and provided that the governor should have the power to remove the directors for misconduct, incompetency, or neglect after an opportunity to be heard upon written charges. Due notice and a complete hearing were accorded to the directors as required. Plaintiff directors seek review of the removal proceedings by writ of certiorari. Held …

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Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review May 1941

Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review

Michigan Law Review

The appellant (defendant in the case below) and certain of its members were found guilty of unfair labor practices as defined by the Wisconsin Employment Relations Act. Plaintiff-appellee issued a cease and desist order, which was sustained by the lower court despite defendant's contention that the statute was unconstitutional on the ground that Congress had precluded such state legislation affecting interstate industries by enacting the National Labor Relations Act. Held, plaintiff's order sustained. State legislation not repugnant to the Wagner Act is operative in this field so long as the National Labor Relations Board has not acted in the …

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Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel May 1941

Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel

Michigan Law Review

In 1939 the International Workers Order, an unincorporated association, had a picnic and dispensed beer through its secretary to its members without charge. The association had not obtained a license to sell beer. The secretary, defendant herein, was arrested and tried for violation of the Liquor Control Act, which made it a misdemeanor for a person to sell liquor without a license. Held, that an unincorporated association is not a person within the meaning of the statute, and therefore there was no sale. People v. Budzan, 295 Mich. 547, 295 N. W. 259 (1940).

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The West Virginia Public Service Commission: Iii The Power Of The State To Prohibit The Export Of Its Natural Resources, C. A. Peairs Jr. Apr 1941

The West Virginia Public Service Commission: Iii The Power Of The State To Prohibit The Export Of Its Natural Resources, C. A. Peairs Jr.

West Virginia Law Review

No abstract provided.

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Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson Apr 1941

Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson

Michigan Law Review

A mortgage, containing an after-acquired property clause which described specifically many kinds of property which should pass under it when acquired, was given to bondholders as part of a refunding mortgage. Several mortgages were subsequently executed to the mortgagees covering some of the after-acquired property. After the intervention of bankruptcy a dispute arose between the mortgagees and the trustee over the right to possession of certain property not covered by the later mortgages and in the possession of the bankrupt at the time of the adjudication. Held, under section 47a(2) of the Bankruptcy Act, the trustee takes the property …

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