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Articles 15841 - 15870 of 16695

Full-Text Articles in Law

The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham Dec 1935

The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham

West Virginia Law Review

No abstract provided.

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Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights Dec 1935

Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights

Michigan Law Review

By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …

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The Unicameral Legislature In Nebraska, Lester B. Orfield Nov 1935

The Unicameral Legislature In Nebraska, Lester B. Orfield

Michigan Law Review

It is perhaps not exaggerating to say that no more far-reaching innovation in state government has been adopted in recent years than Nebraska's unicameral legislature. It is an axiom of political science - somewhat modified, to be sure, by the growth of administrative tribunals - that there are three branches of government: legislative, executive and judicial. Nebraska has drastically changed the first of these three by adopting a single-house legislature. This question whether the legislature shall consist of one or two houses has become the chief problem of legislative structure during recent years. The model state constitution drafted by the …

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Model Law For Planning Cities, Counties And States, Jeff B. Fordham Jun 1935

Model Law For Planning Cities, Counties And States, Jeff B. Fordham

West Virginia Law Review

No abstract provided.

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Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds May 1935

Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds

Michigan Law Review

Defendant, a Wisconsin firm, issued certain bearer bonds secured by a mortgage held by the T corporation, as trustee. A provision in the mortgage defining the duties of the trustee in the disposition of bonds delivered to it was incorporated into the bonds by reference. The trustee being insolvent, plaintiff bank, as pledgee of some of the bonds taken to secure personal loans to the trustee, petitioned the referee in bankruptcy for permission to sell them, claiming to be a bona fide pledgee for value. Held, since federal courts are bound to follow state decisions interpreting state statutes declaratory …

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Special Assessments - Constitutionality Of Legislation Modifying Means Of Enforcement Of Special Assessment Liens May 1935

Special Assessments - Constitutionality Of Legislation Modifying Means Of Enforcement Of Special Assessment Liens

Michigan Law Review

An Arkansas statute, affecting the mortgage securing certain special assessment bonds, provided, inter alia, for the extension of the interval between default in payment and sale under foreclosure from sixty-five days to at least two and a half years, reduced the penalty for non-payment from twenty per cent to three per cent, and provided that the possession of the delinquent property owner be undisturbed for four years after sale on foreclosure, thus modifying the law existing at the time the bonds were issued. The United States Supreme Court held the statute to be invalid as violating the constitutional prohibition …

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Legislative Attack On "Heart Balm", Nathan P. Feinsinger May 1935

Legislative Attack On "Heart Balm", Nathan P. Feinsinger

Michigan Law Review

Public resentment over the abuses incident to "heart balm" suits has recently culminated in sweeping legislative reform. Through the repeated efforts of a woman legislator, Indiana has abolished actions for seduction of females over twenty-one years of age, for breach of promise to marry, and for criminal conversation and alienation of affections. Almost immediately New York, and shortly thereafter Illinois, passed similar legislation, and at least ten other states are now considering analogous proposals.

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Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile May 1935

Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile

Michigan Law Review

The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …

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Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency May 1935

Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency

Michigan Law Review

A Maryland statute provided that mortgagees holding less than a 25 per cent interest in a mortgage could not have recourse to summary remedies for sale of mortgaged property during an emergency period declared to exist until June 1, 1935. Plaintiff, the holder of such an interest in a mortgage providing for summary proceedings for sale upon default, had the right to foreclose in this manner, mortgagor having defaulted, if the statute did not bar his action. Held, the remedies denied were so interwoven with the rights contracted for that the abolition of such remedies impaired the right, and …

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The Problem Of Financing Municipal Capital Outlays In West Virginia, Robert L. Merricks Apr 1935

The Problem Of Financing Municipal Capital Outlays In West Virginia, Robert L. Merricks

West Virginia Law Review

No abstract provided.

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Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr. Apr 1935

Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.

West Virginia Law Review

No abstract provided.

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Swift V. Tyson And The Construction Of State Statutes, Jeff B. Fordham Feb 1935

Swift V. Tyson And The Construction Of State Statutes, Jeff B. Fordham

West Virginia Law Review

So much has been written for the law reviews about the doctrine of Swift v. Tyson that it has become a part of the etiquette of the business to explain oneself before adding to the overgrown literature of the subject. It is now nearly a century since this nationalistic doctrine was written into our case law. There has been some vacillation and even more confusion in its exposition but in the large it has steadily become more deeply entrenched and more widely applied in the teeth of the persistent and highly critical opposition of legal writers. But now, in a …

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Foreign Enforcement Of Actions For Wrongful Death, William H. Rose Feb 1935

Foreign Enforcement Of Actions For Wrongful Death, William H. Rose

Michigan Law Review

Actions for wrongful death have a long history in the common law. Homicide was once a private matter giving rise to the blood feud and later to the wergild, whereby a money substitute replaced private warfare. With the development of criminal law the crown took jurisdiction over all killings. At a time when all felonies carried with them the death penalty, forfeiture of chattels and escheat of lands, the right to sue for wrongful death was scarcely of practical importance. This was especially so since felony included negligent killing, and even an accidental killing required the king's pardon if …

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Book Review, Clarence Emmett Manion Jan 1935

Book Review, Clarence Emmett Manion

Journal Articles

Reviewing: Indiana Law-Future Interests, Wills, Descent, by Bernard C. Gavit.(Bloomington: The Principia Press, Inc. 1934).

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Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner Jan 1935

Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner

Kentucky Law Journal

No abstract provided.

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The Status Of Creditors In Bankruptcy Administration In Kentucky, D. A. Sachs Jr. Jan 1935

The Status Of Creditors In Bankruptcy Administration In Kentucky, D. A. Sachs Jr.

Kentucky Law Journal

No abstract provided.

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Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges Jan 1935

Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges

Michigan Law Review

The Public Service Commission of Kansas issued an order directing nine local gas companies to cease setting up as an item of operating expense more than a certain amount for gas being furnished the companies by an interstate pipe line company. The nine distributing companies and the pipe line company, all of which were affiliated companies within the meaning of a Kansas statute and ultimately controlled by the same holding company, secured an injunction in the three-judge federal court, and the commission appealed to the United States Supreme Court. Held, that the injunction should not have been granted. State …

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Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl Jan 1935

Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl

Michigan Law Review

Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate …

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Sales - Chattel Mortgages Under The Bulk Sales Statutes Jan 1935

Sales - Chattel Mortgages Under The Bulk Sales Statutes

Michigan Law Review

Gessaman, who was a dealer in new and used automobiles, was indebted to the bank and other creditors. While so indebted, he executed and delivered to the acceptance corporation a chattel mortgage upon all the furniture, fixtures, equipment and supplies used in the business. Later the mortgagee took possession of the chattels without suit, and immediately afterward Gessaman was adjudged a bankrupt. The trustee, in behalf of the bank and other creditors, seeks to subject the chattels to a trust in the hands of the acceptance corporation upon the claim that the chattels were taken under a sale in violation …

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Constitutionality Of The Kentucky Statute Refusing A New Trial Because Of The Smallness Of Damages, W. T. Drury Jan 1935

Constitutionality Of The Kentucky Statute Refusing A New Trial Because Of The Smallness Of Damages, W. T. Drury

Kentucky Law Journal

No abstract provided.

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Carriers--Limitation Of Actions For Recovery Of Overcharges In Kentucky, J. E. Marks Jan 1935

Carriers--Limitation Of Actions For Recovery Of Overcharges In Kentucky, J. E. Marks

Kentucky Law Journal

No abstract provided.

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State And Nation In A Federal System, Louis B. Boudin Dec 1934

State And Nation In A Federal System, Louis B. Boudin

West Virginia Law Review

One of the fundamental problems in a federal system is the problem who should have the deciding voice in the question of the division of power between the State and the Nation. This problem is twofold: First: Is this question to be decided by the component "states" or by the nation or confederacy as a whole? Second: What organ - legislative, executive, or judicial, - should be entitled to speak in the name of the deciding authority, whether that be "state" or "nation"? It is generally assumed that the United States Constitution has solved this problem by giving the United …

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Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks Dec 1934

Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks

West Virginia Law Review

No abstract provided.

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Corporations-Purchase Of Notes And Mortgages As "Doing Business" Dec 1934

Corporations-Purchase Of Notes And Mortgages As "Doing Business"

Michigan Law Review

C was engaged in loaning money in Idaho. He sold many of the notes and mortgages which he thus received to the plaintiff, a foreign corporation. It was his practice, nevertheless, to collect the interest on these notes and remit it to the plaintiff. The actual sales of the notes and mortgages occurred in Chicago. In this manner the plaintiff acquired the note of the defendant, a resident of Idaho and his mortgage on Idaho land. The Idaho statute forbids a foreign corporation "doing business" in the State to sue in its courts without taking certain qualifying steps. The plaintiff, …

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Practice And Procedure - Direction Of Verdict - Scintilla Rule Nov 1934

Practice And Procedure - Direction Of Verdict - Scintilla Rule

Michigan Law Review

In an action to recover from the defendant gas company damage to the plaintiff's building caused by a gas explosion resulting from a defective pipe, the plaintiff's only evidence to prove the defendant's duty to repair it was that the pipe was used exclusively for the conveyance of the defendant's gas, and that the meters to which the pipe was connected were owned and controlled by the defendant. The trial court, by virtue of the scintilla rule, submitted the case to the jury which rendered a verdict for the plaintiff. Held, the scintilla rule no longer prevails in Ohio, …

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Corporations--Liability Of Stockholder In Non-Complying Foreign Corporation Nov 1934

Corporations--Liability Of Stockholder In Non-Complying Foreign Corporation

Michigan Law Review

The defendant was a stockholder in the A corporation, incorporated in Indiana to go business there, but carrying on its principal business in Tennessee where It had failed to comply with a law requiring foreign corporations to domesticate; Plaintiff, a holder of a trade acceptance on which the A corporation was primarily liable, sued defendant in Indiana, liability on the trade acceptance having been incurred in Tennessee. The A corporation being insolvent, plaintiff sought to hold the defendant personally liable on the ground that the failure of the corporation to comply with domestication statutes of Tennessee made its stockholders liable …

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Public Utilities-Street Railway Regulation By State Commission In Home Rule City-Permission To Withdraw From Service Nov 1934

Public Utilities-Street Railway Regulation By State Commission In Home Rule City-Permission To Withdraw From Service

Michigan Law Review

A street railway company, located in a city with a home rule charter adopted in accordance with the state constitution, petitioned the state railway commission and was granted authority to curtail its transportation by buses. The company had been in bad financial condition during recent years; the number of passengers carried had been substantially decreasing, and the company was not able to pay full interest on bonded debt. Upon the insistence of the city, the company had put bus lines in operation several years earlier and these had continually been operating at a deficit. Upon appeal, the court held that …

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Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions Jun 1934

Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions

Michigan Law Review

A debtor proceeding was initiated in a Florida federal court and an ancillary proceeding was begun in a New York federal court. The latter court enjoined petitioner, who had obtained a tort judgment against the debtor in a New York state court, which judgment had been affirmed by the Appellate Division, from arguing the case as appellee in the New York Court of Appeals and from continuing to prosecute an action commenced by him (petitioner) against the sureties on an appeal bond filed by the debtor pending the appeal to the Appellate Division. Shares of stock had been pledged by …

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Corporations-Qualifications Of Officers-Effect On Existing By-Laws Of Change In Statute Jun 1934

Corporations-Qualifications Of Officers-Effect On Existing By-Laws Of Change In Statute

Michigan Law Review

Corporate by-laws adopted under and following Act No. 84, Michigan Public Acts of 1921, required that directors be chosen from stockholders, the positions to become vacant should the directors dispose of their stock. In 1931 the statute was changed, now reading that "directors . . . need not be shareholders unless the articles so provide." The by-laws were not altered. Qualified directors subsequently disposed of their stock and petitioned the chancery court under the statute for dissolution of the corporation and appointment of a receiver. Appealing from an order granting that petition, creditors and stockholders of the corporation contended that …

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Public Utilities-Rate Base-Allowance For Depreciation Jun 1934

Public Utilities-Rate Base-Allowance For Depreciation

Michigan Law Review

Plaintiff toll bridge company appealed from an order of the Pennsylvania Public Service Commission which set a value for rate-making purposes on their bridge property, constructed in 1924-25, identical to the original valuation order of 1926, for the rate-base as of February 2, 1932. The order allowed a depreciation deduction annually which, with 4 per cent simple interest, would amount to enough to replace the bridge at the end of its estimated period of usefulness. The company claimed the order was confiscatory, as based solely on original cost, without taking into account current cost of reproduction; and that interest should …

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