Law Commons^™

Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp

Michigan Law Review

Many state legislatures have undertaken to subject non-resident persons or unincorporated groups, or both, to the power of their local courts in relation to business transacted within their limits. No less than forty States have at one time or another enacted statutes providing for substituted service of process in actions arising out of such transactions. Most of these statutes apply to non-residents generally; but in eighteen States statutes, now or formerly in force, have provided in express terms for substituted service on non-resident partnerships or unincorporated associations. Both types alike provide that service may be made upon an actual agent …

Stare Decisis -The Retroactive Effect Of An Overruling Decision

Michigan Law Review

In 1923 the Supreme Court of Michigan ruled, in Kavanaugh v. Rabior, that property lying between the meander line and the waterline of the Great Lakes belonged to the State. The defendant, after this decision and upon the advice of the State Conservation Department, refused to pay rent to the plaintiff, the littoral proprietor. In 1930 the court, overruling the Kavanaugh case, held, in Hilt v. Weber, that such property belonged to the littoral proprietor. On the basis of this decision the plaintiff brought suit for use and occupation. Held, in the principal case, that the overruling …

Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan

Michigan Law Review

The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …

Banks And Banking - Public Moneys As Preferred Claims

Michigan Law Review

The State claims a preference in the assets of an insolvent bank on the basis of sovereign prerogative. Held, that the State has no preference now because the prerogative right has been abrogated: first, by the passing of a comprehensive state banking law; and second, by a constitutional provision giving bill holders of insolvent banks preference in payment over all other creditors. Fry, State Treasurer v. Equitable Trust Co., 264 Mich. 165, 249 N. W. 619 (1933). (Potter and McDonald, JJ., dissenting).

Intoxicating Liquors - Presumption Of Intoxicating Quality

Michigan Law Review

The defendant sold at his sandwich stand what was agreed to be a malt beverage commonly known as 3.2 beer. A statute made it unlawful for any person to sell "any spirituous, malt, vinous, fermented or other intoxicating liquors." In an action to enjoin the maintaining of a liquor nuisance the trial judge held that as the -defendant sold a malt liquor, the sale was a violation of the statute, and refused to admit evidence that the beer was not intoxicating as a matter of fact. On appeal, the supreme court of Kansas held, that while beer is presumed …

Practice And Procedure - Joinder Of Parties And Causes Under The Uniform Fraudulent Conveyance Act

Michigan Law Review

The plaintiff sought, in one suit, to recover the amount of a promissory note from the maker and to attack a transfer of property by the maker to her brother, alleged to be a fraud on the maker's creditors. The maker and transferee were made defendants. The transferee demurred to the complaint on the ground that the two defendants had essentially different liabilities and so could not be joined in one action, under the South Dakota code. Held, that section 9 of the Uniform Fraudulent Conveyance Act permits the plaintiff to proceed in one action for a judgment on …

The Constitutionality Of An Immediate Liquor Control Program For West Virginia, Forrest Revere Black

West Virginia Law Review

No abstract provided.

Municipal Corporations - Power To License - Discretionary Power In Administrative Officers

Michigan Law Review

The City Council of Philadelphia enacted an ordinance requiring as many officers or firemen as the Director of Public Safety should deem necessary to be present at all athletic contests for profit, and further provided that the officers or firemen so stationed should be compensated at the rate of $5.50 per day by those persons requiring or demanding such service. The plaintiff brought this suit in equity to declare invalid and restrain the enforcement of the ordinance. The lower court held that the ordinance was invalid, but the supreme court reversed this decision and held that this was a valid …

Criminal Law And Procedure - "Public Enemy" Statutes - Constitutionality

Michigan Law Review

Defendants were convicted of the crime of being disorderly persons within the meaning of section 167, Michigan Public Acts, 1931, No. 328, which provided that "any person who engages in an illegal occupation or business . . . shall be deemed a disorderly person. Proof of recent reputation for engaging in an illegal occupation or business shall be prima fade evidence of being engaged in an illegal occupation or business." Police officers testified as to the reputation of the defendants for being bootleggers, stick-up men, robbers, and murderers. Held, that section 167 of the statute is unconstitutional and void …

Is An Immediate Liquor Program For Kentucky Within The Scope Of Constitutional Possibilities?, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

Regulation Of Motor Carriers In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

1934-1935 Rowan County (Ky.) Circuit Court Federal Index Docket, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The Federal Index Docket of Rowan County (Ky.) Circuit Court from 1934 to 1935.

1934-1943 Rowan County (Ky.) Circuit Court Commonwealth Docket, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Commonwealth Docket from Rowan County (KY.) Circuit Court from March 1934 to May 1943.

1934-1936 Rowan County (Ky.) Circuit Court List Of Claims, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

A List of Claims allowed from the Rowan County (KY.) Circuit Court from March 1934 to June 1936.

1934-1939 Rowan County (Ky.) Circuit Court Judgement Papers, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Judgement papers from Rowan County (KY.) Circuit Court from 1934 to 1939.

Prosecution Appeals In West Virginia, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The Municipality As A Unit In Ratemaking And Confiscation Cases, Robert D. Armstrong

Michigan Law Review

The recent decision of the Supreme Court of the United States in the so-called Martinsville case has been interpreted by some critics as laying down a "municipal unit doctrine" of rate making, denying to a system utility the right to earn from its entire operations a fair return on the value of its entire property, and substituting therefor a "bundle of rights" to earn in each "municipality" served a fair return on the value of the property used and useful therefor.

Introduction And Passage Of Bills By The 1932 House Of Representatives Of Kentucky, Robert B. Stewart

Kentucky Law Journal

No abstract provided.

Committee System Of The Kentucky House Of Representatives, 1932, Robert B. Stewart

Kentucky Law Journal

No abstract provided.

Extension Of Time For Payment As Releasing Sureties On Note In Kentucky, Carl Ousley Jr.

Kentucky Law Journal

No abstract provided.

A Study Of Gerrymandering In Kentucky, Robert B. Stewart

Kentucky Law Journal

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1934, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Process In Actions Against Non-Resident Motorists, Maurice S. Culp

Michigan Law Review

Personal service on the defendant within the jurisdiction of a State is the conventional form of process in personal actions. But considerations of convenience and public need have resulted in recognizing an additional form of process in personal actions against nonresident motorists. Statutes in 35 States authorize the commencement of suit against the non-resident motorist by substituted service on a public official of the State where the cause of action arises; the official is made for this purpose the agent or attorney of the non-resident motorist.

It is proposed herein to discuss (1) the constitutional basis of such legislation, and …

International Law -Extradition - Construction Of Treaty

Michigan Law Review

On complaint of the British Consul that the petitioner had "received certain moneys knowing the same to have been fraudulently obtained," the United States Commissioner for the Northern District of Illinois issued his warrant to hold petitioner in custody for extradition to England, under Article 10 of the Webster-Ashburton Treaty of 1842, as supplemented by the Blaine-Pauncefote Convention of 1889, and certified the evidence to the Secretary of State. Upon application by petitioner for writ of habeas corpus and certiorari in its aid, the district court ordered him released from custody on the ground the act charged was not within …

A Sterilization Statute For Kentucky?, George T. Skinner

Kentucky Law Journal

No abstract provided.

Right Of A City To Pay Its City Manager Over The Sum Stipulated In Section 246 Of The Kentucky Constitution To Be Paid Public Officers, King Swope

Kentucky Law Journal

No abstract provided.

Constitutional Law--The Constitutionality Of A Statute Providing For The Election Of County Superintendents By The People, Henry C. Smith

Kentucky Law Journal

No abstract provided.

Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1931-1933], Mississippi. Secretary Of State

Mississippi Blue Books

No abstract provided.

Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp

Michigan Law Review

Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …

Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper

Michigan Law Review

In conformity with the Texas statute regulating contract carriers, the plaintiffs applied for permits to operate as contract carriers in interstate commerce. The Texas Railroad Commission denied the application on the grounds that the proposed use of the highways would unreasonably interfere with their use by the general public and would constitute an undue burden on said highways. Held, by a three-judge court, that the Commission was acting within its authority in refusing the application on these grounds, that such refusal was valid as to interstate motor carriers, and that evidence supported the Commission's findings, consequently the bill to …