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Articles 15631 - 15660 of 16711

Full-Text Articles in Law

Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons Mar 1941

Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons

Michigan Law Review

The Circuit Court of Appeals for the Sixth Circuit held that a federal district court in Ohio was not bound by a decision of the Cuyahoga County Court of Appeals to the effect that in a case of wrongful transfer of shares of stock, a demand and refusal was necessary to start the statute of limitations running. On certiorari, held, that, in ascertaining what the state law is, lower state court decisions are data which are not to be disregarded by a federal court, unless it is convinced by other persuasive data that the highest court of the state …

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Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead Mar 1941

Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead

Michigan Law Review

Plaintiff sued for loss of her right of consortium occasioned by the illness and death of her husband as a result of a sale of liquor by defendant in violation of a state statute. Defendant demurred on the ground that there was no cause of action granted by the statute for damages flowing from such an illegal sale. Held, an action for injury to the wife's right of consortium was available at common law. Swanson v. Ball, (S. D. 1940) 290 N. W. 482.

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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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Boundaries By Agreement And Acquiescence, Harold M. Street Feb 1941

Boundaries By Agreement And Acquiescence, Harold M. Street

Michigan Law Review

An accurate summation of the present-day status of the doctrines of boundaries by agreement and acquiescence is contained in the, following statement made by an eminent text writer: "There are, in this country, a great number of decisions bearing upon the effect of an agreement by adjoining owners as to the boundary line between their lands, or of their recognition of a certain line as the boundary without any express agreement in relation thereto. These decisions are frequently most unsatisfactory in their discussion of the principles involved, and, purporting, as they variously do, to be based on principles of agreement, …

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Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons Feb 1941

Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons

Michigan Law Review

The Motor Carrier Act of 1935 provides, in section 204 (a) (1) and (2), that the Interstate Commerce Commission, in performing its duty of regulating interstate motor carriers, shall have power to "establish reasonable requirements with respect to . . . safety of operation and equipment." In section 225, the act authorizes the commission "to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles. . . ." These two sections, when read together, indicate that Congress felt that sizes and weight regulations deserved consideration apart from general safety regulations. The former are …

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Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller Feb 1941

Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller

Michigan Law Review

Under section 94-b of the New York Vehicle and Traffic Law, as amended in 1936 and 1939, if a judgment entered against a driver for 'damages for injury to person or property remains unpaid for fifteen days, the clerk of the court where the judgment was entered must (but only upon written demand of the judgment creditor) forward a copy thereof to the commissioner of motor vehicles, whose duty it then becomes to suspend the driving license of such judgment debtor; further, section 94-c provides (a) that such suspension shall continue for such part of three years as the judgment …

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Fraudulent Conveyances - Executory Consideration As "Fair Consideration" Under The Uniform Fraudulent Conveyance Act, Robert Kneeland Feb 1941

Fraudulent Conveyances - Executory Consideration As "Fair Consideration" Under The Uniform Fraudulent Conveyance Act, Robert Kneeland

Michigan Law Review

Plaintiff, a purchaser of mortgaged realty, claimed that there had been a series of conveyances of this property originating with a remote grantor, fraudulent as to said grantor's creditors. At the time plaintiff learned of this, he had already paid taxes on the property and paid $4605 on the purchase price, leaving a balance of $2986 due on his contract. Since, allegedly, plaintiff would have been subject to an action of the creditors to have the conveyance to him set aside/ plaintiff sought to join all creditors and defrauders in an attempt to clear the title, or, if the transaction …

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Wills - Construction Of Technical Terms, Michigan Law Review Feb 1941

Wills - Construction Of Technical Terms, Michigan Law Review

Michigan Law Review

Testatrix' will executed in 1916 provided, inter alia, "In case of the death of any of the above named children, I give . . . his share to his heirs." A son of testatrix died in 1929, survived only by his widow, complainant here, and his mother. In March 1938, the New York Decedent Estate Law was amended to provide that the word "heirs" when used in a statute, will or in any other written instrument prescribing the devolution of property rights, without express or implied declaration to the contrary, should be construed to mean the distributees, including a surviving …

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Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg Jan 1941

Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg

Michigan Law Review

Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United …

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Instalment Payment Of Judgments, Frederick Woodbridge Jan 1941

Instalment Payment Of Judgments, Frederick Woodbridge

Michigan Law Review

This article is concerned primarily with a discussion of satisfaction of judgments by instalment payments where the judgment debtor is the typical American wage earner. It is based upon an analysis of the applicable statutes, the experience recorded in decided cases, interviews with numerous judges administering the statutes, and observations in certain of the courts where that method is used.

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The Future Of Use Taxes, Robert C. Brown Jan 1941

The Future Of Use Taxes, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

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Book Review. Hatcher, W. B., Edward Livingston, Jerome Hall Jan 1941

Book Review. Hatcher, W. B., Edward Livingston, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett Jan 1941

"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett

Kentucky Law Journal

No abstract provided.

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Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard Jan 1941

Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard

Kentucky Law Journal

No abstract provided.

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Race Segregation In Cities, Major Gardner Jan 1941

Race Segregation In Cities, Major Gardner

Kentucky Law Journal

No abstract provided.

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The Government Corporation In Kentucky, Mark Harris Jan 1941

The Government Corporation In Kentucky, Mark Harris

Kentucky Law Journal

No abstract provided.

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Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr. Jan 1941

Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr.

Kentucky Law Journal

No abstract provided.

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Kentucky's New Employer-Employee Relations Act, George Neff Stevens Jan 1941

Kentucky's New Employer-Employee Relations Act, George Neff Stevens

Kentucky Law Journal

No abstract provided.

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Legality Of "Bank Nights" In Kentucky, Joe R. Johnson Jr. Jan 1941

Legality Of "Bank Nights" In Kentucky, Joe R. Johnson Jr.

Kentucky Law Journal

No abstract provided.

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"The Law"--In West Virginia, Thomas P. Hardman Dec 1940

"The Law"--In West Virginia, Thomas P. Hardman

West Virginia Law Review

No abstract provided.

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Municipal Trade Barriers, Pressly S. Sikes, Robert J. Parrish Dec 1940

Municipal Trade Barriers, Pressly S. Sikes, Robert J. Parrish

Indiana Law Journal

No abstract provided.

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Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar Dec 1940

Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar

Michigan Law Review

The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …

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Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom Dec 1940

Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom

Michigan Law Review

Defendant, a member of a machinist's union, was indicted for violation of a city ordinance which prohibited peaceful picketing except by employees employed three months or more at a place of business and who had been so employed within sixty days of the commencement of the picketing. A state statute modeled on the Norris-LaGuardia Act authorized the giving of publicity of labor disputes and forbade the issuing of injunctions for designated types of labor controversies. Held, that the ordinance was void and that the defendant was entitled to picket peacefully a company which had never employed him, but which …

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Criminal Law And Procedure - Extradition Of A Juvenile Delinquent, Felicia I. Hmiel Nov 1940

Criminal Law And Procedure - Extradition Of A Juvenile Delinquent, Felicia I. Hmiel

Michigan Law Review

The state of Georgia, by an acting justice of peace of a county, charged a thirteen-year-old boy with the crime of assault with intent to murder. Under the Georgia Criminal Code the offense was punishable by imprisonment in the penitentiary for a term of two to ten years. The boy was found in the state of New York, whereupon the governor of Georgia sent a requisition for extradition to the governor of New York. The boy defendant brought a habeas corpus proceeding in a New York court to obtain release from custody under the extradition warrant. Held, the defendant …

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Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder Nov 1940

Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder

Michigan Law Review

In the recent Thornhill and Carlson decisions the Supreme Court of the United States declared an Alabama statute and a California county ordinance prohibiting all picketing, peaceful or otherwise, unconstitutional on the ground that such broad legislation deprived employees and union members of their right of free speech, guaranteed by the due process clause of the Fourteenth Amendment to the Constitution of the United States. In holding that employees and workers have a constitutional right to publicize the facts of a labor dispute, the Court was but taking another step in its recent crusade for the preservation of civil liberties. …

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Public Utilities - Municipal Corporations - Power Of Municipal Corporations To Regulate Public Utility Rates - Finality Of Such Regulation, John S. Pennell Nov 1940

Public Utilities - Municipal Corporations - Power Of Municipal Corporations To Regulate Public Utility Rates - Finality Of Such Regulation, John S. Pennell

Michigan Law Review

Since the decision in the case of Munn v. Illinois it has been settled that where property is devoted to a public use and is charged with a public interest, the state may prescribe reasonable rates for such public service. However, the question then arises as to the manner in which the state may prescribe these rates, through what agencies it may act, and the effect on the total picture of rate regulation within a state after there has been action by one of the proper agencies. The answers to these questions depend to a large extent upon the particular …

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Descent And Distribution - Inheritance Through Illegitimate Child - Iowa Statute, James W. Deer Nov 1940

Descent And Distribution - Inheritance Through Illegitimate Child - Iowa Statute, James W. Deer

Michigan Law Review

This action involved a determination of the heirs of A, a widow, whose deceased husband, B, was an illegitimate child. Three sets of claimants asked for her estate: the legitimate descendants of B's mother, the legitimate descendants of B's father, and the state of Iowa, the domicile of the deceased. The district court awarded the property to the state, as uninherited property, on the ground that the other claimants could not take through an illegitimate. On appeal, reversed. An Iowa statute provided that an illegitimate child could inherit from his mother, and from his father, when …

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Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton Nov 1940

Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton

Michigan Law Review

The Metropolitan Life Insurance Company issued a group insurance policy in the sum of $500 upon the life of appellant's husband. The husband paid all the premiums and designated a niece, appellee, the beneficiary therein. Several years prior to the issuance of the policy appellant had ceased to live with the insured, although a divorce had never been obtained. Appellant contested the recovery of the proceeds by appellee on the ground that said niece had no insurable interest in the life of insured. Held, judgment of the trial court awarding proceeds to appellee affirmed, on the ground that appellee …

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Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee Nov 1940

Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee

Michigan Law Review

Plaintiff insured the defendant against loss on his car due to collision, paid its liability when the defendant's car was damaged by a third party, and took an assignment of plaintiff's claim against the third party to that extent. Defendant then released the third party from liability and plaintiff brought this action to recover the amount paid to the defendant. Held, plaintiff could recover from defendant only for the loss it had sustained by the release, and since plaintiff had failed to prove it could have recovered anything from defendant, it had shown no cause of action. Century Ins. …

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Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review Jun 1940

Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review

Michigan Law Review

Defendant, a door-to-door salesman, solicited orders in Minnesota for goods, which were later shipped from his employer's factory in Wisconsin to his house in Minnesota. There he broke the original packages and filled his customers' orders by delivering the goods in a truck provided him by his employer. Defendant was convicted of violating a municipal ordinance requiring a license of all door-to-door canvassers. Held, the ordinance was unconstitutional as an unreasonable burden on interstate commerce, and the conviction should be set aside. City of Waseca v. Braun, (Minn. 1939) 288 N. W. 229.

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