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Articles 15661 - 15690 of 16709

Full-Text Articles in Law

Public Utilities - Due Process - Validity Of Order Reducing Intrastate Telephone Rates To Conform To Interstate Rates, Michigan Law Review Jun 1940

Public Utilities - Due Process - Validity Of Order Reducing Intrastate Telephone Rates To Conform To Interstate Rates, Michigan Law Review

Michigan Law Review

The Pennsylvania Public Utility Commission, by order of March 15, 1938, required appellant, the Bell Telephone Company of Pennsylvania, to reduce its intrastate toll rates for distances exceeding thirty-six miles so as to conform to rates charged by the American Telephone and Telegraph Company for comparable distances for interstate services. After full hearing the commission based its order upon .findings that the interstate American Company offered at substantially lower rates the very same service, with identical facilities, accorded by its intrastate subsidiary, plus the additional service furnished by a connecting company, and that hence the higher intrastate rates constituted an …

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Trade Restraints - Fair Trade Statutes - Validity Of Statute Forbidding The Giving Of A Premium To Promote The Sale Of Gasoline With An Intent To Injure Competition, Benjamin W. Franklin Jun 1940

Trade Restraints - Fair Trade Statutes - Validity Of Statute Forbidding The Giving Of A Premium To Promote The Sale Of Gasoline With An Intent To Injure Competition, Benjamin W. Franklin

Michigan Law Review

Defendant operated an independent gasoline station. He gave to each cash customer purchasing five gallons of gasoline at the generally prevailing prices a drinking glass worth less than five cents. For this act he was charged with violating a statute prohibiting the giving away of any commodity for the purpose of promoting the sale of any other commodity. Defendant moved that the information be quashed and a verdict be directed of not guilty on the ground that the statute was unconstitutional. From an order denying the motion and finding him guilty, defendant appeals. Held, that the giving of a …

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Municipal Corporations - Debt Limitations - Validity Of Revenue Financing Bonds, James W. Deer Jun 1940

Municipal Corporations - Debt Limitations - Validity Of Revenue Financing Bonds, James W. Deer

Michigan Law Review

The state of Ohio created a building authority to which it transferred for a period of twenty-five years certain hospitals and public land. In return the authority promised to repair the hospitals and to construct a number of new buildings. Bonds to the amount of $7,500,000 were issued by the authority on a resolution pledging the income to be derived from the property pursuant to a twenty-three year rent and bond retirement agreement with the department of welfare. The department promised to charge its patients enough to meet these obligations, and to make payment possible a statute was passed allowing …

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Trade Restraints - Due Process - Interference With Liberty To Fix Sale Price Of Gasoline, Michigan Law Review Jun 1940

Trade Restraints - Due Process - Interference With Liberty To Fix Sale Price Of Gasoline, Michigan Law Review

Michigan Law Review

In 1925 the state of Iowa enacted a statute requiring all distributors of gasoline in the state, wholesale or retail, to post in plain sight the price at which they intended to sell their gasoline, setting out all taxes thereon. They were then bound to sell at this price to all buyers. Defendant was such a dealer, and although he posted the price, he failed to abide by it as to all sales and was charged with violating the statute. The lower court sustained defendant's demurrers, holding the statute unconstitutional as a denial of due process and equal protection of …

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Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell Apr 1940

Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell

Michigan Law Review

The recent cases of Avery v. Alabama and Chambers v. Florida raise the interesting question of the conclusiveness of a fact finding of a state court upon the United States Supreme Court in a criminal trial when the accused claims that one of his constitutional rights has been impaired, and the holding of the state court is to the effect that on the facts presented such right has not been impaired. The case may arise in the United States Supreme Court in either of two ways. It may come up on appeal from a lower federal court denying a petition …

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Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland Apr 1940

Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland

Michigan Law Review

The petitioner, on behalf of the city of Akron, applied for a writ of mandamus to compel the board of health of the city to apply the municipal civil service regulations to the employees of the board. In 1912, Ohio had adopted a so-called "home rule amendment" to its constitution, under authority of which the city had formulated its charter. By statute, each city in Ohio constitutes a city health district, and the officers thereof are appointed by the mayor of the city with the consent of the city council. The state statutes make no express reference to civil service …

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Municipal Corporations - Liability For Services Performed Under Invalid Contract, Michigan Law Review Apr 1940

Municipal Corporations - Liability For Services Performed Under Invalid Contract, Michigan Law Review

Michigan Law Review

Plaintiff was employed by the board of overseers of defendant city to supervise obtaining employment for recipients of welfare relief, thus relieving the city of the expense of providing for them. The powers of the board were restricted by an ordinance which provided that before any increase should be made in the number of subordinates, a report thereof would be sent to the mayor for his approval. It appeared that the original employment of the plaintiff was in violation of this provision, although the mayor subsequently approved it up to April 5, 1936, when plaintiff's civil service appointment expired. Plaintiff …

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Statutes - Interpretation - Application Of Venue Statute To Owners Of Forms Of Transportation Unknown At The Time Of Its Enactment, Michigan Law Review Apr 1940

Statutes - Interpretation - Application Of Venue Statute To Owners Of Forms Of Transportation Unknown At The Time Of Its Enactment, Michigan Law Review

Michigan Law Review

An Iowa venue statute passed in 1872 provided that "an action may be brought against any railway corporation, the owner of stages, or other line of coaches or cars . . . in any county through which such road or line passes or is operated." A damage action was brought against petitioner in a county through which its truck line regularly operated. Petitioner moved for a change of venue to the county where its principal office was located. The motion was overruled and petitioner tested the validity of the ruling in an action in certiorari. Held, a common carrier …

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Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review Feb 1940

Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review

Michigan Law Review

A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the …

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Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun Feb 1940

Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun

Michigan Law Review

When considering depreciation for rate base purposes the courts and the commissions speak of accrued depreciation, existing depreciation, actual depreciation, complete depreciation, realized depreciation, incomplete depreciation, and observed depreciation. Accrued, existing and actual depreciation all have the same meaning.

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Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske Jan 1940

Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske

Michigan Law Review

It is the purpose of this comment to examine the contract and the property theories of restrictive covenants; and to suggest other possible grounds upon which to decide whether or not a public agency should compensate owners in the subdivision for interference with their restrictive covenants.

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Constitutional Law--License Taxes--Classification, Marvin M. Tincher Jan 1940

Constitutional Law--License Taxes--Classification, Marvin M. Tincher

Kentucky Law Journal

No abstract provided.

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Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume Jan 1940

Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume

Michigan Law Review

Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …

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Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam Jan 1940

Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam

Michigan Law Review

Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …

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Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review Jan 1940

Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review

Michigan Law Review

An ordinance of the city of Detroit regulated trailer camps in part by requiring the consent of sixty-five per cent of the adjoining property owners before a permit would issue, and by forbidding the parking of occupied trailers in any camp or camps for more than ninety accumulated days in any twelve-months' period. Plaintiff camp owner sought to restrain enforcement of the restrictions. Held, that as to both the consent and the ninety-day provisions, the ordinance is a valid and reasonable exercise of the police power. Cady v. City of Detroit, 289 Mich. 499, 286 N. W. 805 …

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Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske Jan 1940

Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske

Michigan Law Review

Desiring to operate a restaurant on his land, plaintiff petitioned the city trustees of Sunnyvale to rezone his property by taking it out of the residential district and adding it to the adjacent industrial district. After denial of his petitions, plaintiff brought this suit in which he sought a judgment declaring the zoning ordinance void as to his property. Reversing the lower court's judgment in favor of the city, the supreme court held, that because conditions had changed since the enactment of the ordinance, it was void as to plaintiff's property. Skalko V. City of Sunnyvale, (Cal. 1939) …

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Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review Jan 1940

Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review

Michigan Law Review

At the early English law an executor was entitled to the surplus of the personal estate after the payment of debts and legacies, but this practice nowhere prevails today. At common law the office of executor was regarded as honorary, to be performed without compensation unless the will expressly provided for compensation. It is doubtful if the common-law rule ever obtained in this country, where from a very early time it has been universally considered that executors are normally entitled to reasonable compensation not only to reward them for their time, labor and trouble, but also for the responsibility incurred …

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Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske Jan 1940

Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske

Michigan Law Review

The plaintiff owned several lots in a subdivision which the defendant city changed from a class "B" residence district to a class "C" residence district. In an action for a declaratory judgment the plaintiff asked the court to pronounce the amendment making pie change void. The declaration contained the following allegations: that there was already sufficient undeveloped class "C" property to satisfy present and future building needs; that the change was made at the instance of private persons, for their benefit, and not in the public interest; that the new classification would decrease the value and enjoyment of the plaintiff's …

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1940, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1940

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1940, Volume 2, 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, 1940, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1940

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1940, 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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Recent Case Trends In Local Taxation, Robert C. Brown Jan 1940

Recent Case Trends In Local Taxation, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

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Sale Of Land For Taxes In Kentucky, Earl S. Wilson Jan 1940

Sale Of Land For Taxes In Kentucky, Earl S. Wilson

Kentucky Law Journal

No abstract provided.

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The Development Of Labor Law In Kentucky, George Neff Stevens Jan 1940

The Development Of Labor Law In Kentucky, George Neff Stevens

Kentucky Law Journal

No abstract provided.

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Grounds For Disbarment And Suspension In Kentucky, J. Paul Curry Jan 1940

Grounds For Disbarment And Suspension In Kentucky, J. Paul Curry

Kentucky Law Journal

No abstract provided.

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Prospective Overruling Of Constitutional Construction, Alan R. Vogeler Jan 1940

Prospective Overruling Of Constitutional Construction, Alan R. Vogeler

Kentucky Law Journal

No abstract provided.

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Remittitur In Kentucky, Clarence Cornelius Jan 1940

Remittitur In Kentucky, Clarence Cornelius

Kentucky Law Journal

No abstract provided.

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Charitable Subscription Contracts And The Kentucky Law, Robert L. Taylor Jan 1940

Charitable Subscription Contracts And The Kentucky Law, Robert L. Taylor

Kentucky Law Journal

No abstract provided.

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Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry Jan 1940

Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry

Kentucky Law Journal

No abstract provided.

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Criminal Law--The Felony Murder Doctrine In Kentucky, J. Granville Clark Jan 1940

Criminal Law--The Felony Murder Doctrine In Kentucky, J. Granville Clark

Kentucky Law Journal

No abstract provided.

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Criminal Law--Conspiracy And The Felony Murder Doctrine In Kentucky, J. Wirt Turner Jr. Jan 1940

Criminal Law--Conspiracy And The Felony Murder Doctrine In Kentucky, J. Wirt Turner Jr.

Kentucky Law Journal

No abstract provided.

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