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Articles 15991 - 16020 of 16693

Full-Text Articles in Law

The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley Feb 1931

The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley

Michigan Law Review

One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …

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Trusts-Right Of Trustee To Reimbursement For Tort Liability Feb 1931

Trusts-Right Of Trustee To Reimbursement For Tort Liability

Michigan Law Review

The recent New York case, In re Lathers presents the question seldom before raised whether a trustee may be reimbursed from the trust estate for tort liability to a third person through his negligence in management of the estate. In that case, as a result of fire in an apartment building of the trust property, the trustee suffered judgments for $62,000 plus costs. The rooms of one apartment, rented by the trustee's agent, had been closed off by the lessee to form several small apartments. For the one subleased to the tort creditor, access to fire escapes, adequate normally, was …

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Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger Feb 1931

Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger

Michigan Law Review

The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.

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Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature Feb 1931

Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature

Michigan Law Review

The Dry Dock Company was given franchises by the legislature to operate street railways in New York City, by Laws 1860, c. 512, and Laws 1866, cc. 866, 868, 883. These special laws fixed a five-cent maximum fare. Much later, the Public Service Commission Law (Cons. laws, c. 48) was enacted. Sec. 29 of this provided that, "unless the commission otherwise orders, no change shall be made in any rate * * * which shall have been filed and published by a common carrier * * * except after 30 days' notice to the commission * * * and all …

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Statutes-"Reasonable Speed"-Interpretation Feb 1931

Statutes-"Reasonable Speed"-Interpretation

Michigan Law Review

In an action for damages arising out of an accident the instruction was given :that the intersection was a closely built-up portion of the city within the meaning of sec. 12003, 110 Ohio Laws p. 138 which provided, "A rate of speed greater than fifteen miles an hour in the business or closely built-up portions of a municipal corporation or more than twenty-five miles an hour in other portions thereof * * * shall be prima facie evidence of a rate of speed greater than is reasonable and proper." Upon each corner of the intersection there were buildings two or …

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Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act Jan 1931

Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act

Michigan Law Review

Plaintiffs, purchasers of land previously brought under Illinois Torrens Act, delivered certificate of title to party under agreement to sell, who forged deed to himself, had certificate issued in his name, and then conveyed to defendants who were good faith purchasers for value. Plaintiffs informed registrar of the forgery after the defendants had bought, and demanded cancellation of the deeds and certificates, and the reissue of a certificate to themselves. The registrar refused, and this petition was brought to compel such action. Held, plaintiffs having voluntarily bought land brought under Torrens system, there was a waiver of any constitutional …

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Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman Jan 1931

Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman

Kentucky Law Journal

No abstract provided.

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1931-1945 Rowan County (Ky.) Rule Docket, Rowan County (Ky.) Circuit Court Jan 1931

1931-1945 Rowan County (Ky.) Rule Docket, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The Rule Docket of the Rowan County (KY.) Circuit Court from 1931 to 1945.

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Crimes - Venue- Non-Support, Abandonment, And Desertion Jan 1931

Crimes - Venue- Non-Support, Abandonment, And Desertion

Michigan Law Review

Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904

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Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack Jan 1931

Vicarious Liability For Fraud And Deceit In Iowa, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.

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Corporations-Preparation Of Stockholders' List-Statutory Provision Jan 1931

Corporations-Preparation Of Stockholders' List-Statutory Provision

Michigan Law Review

On a petition challenging the legality of an election of directors at a special meeting, one of the contentions was that calling this meeting on five days' notice violated section 29 of the Delaware General Corporation Act, as amended by 36 Del. Laws, c. 135, sec. 15, which provided that a list of stockholders entitled to vote be made by the officer in charge, ten days before every election. Held, this is not grounds for avoiding the election; the provisions of the statute are directory only, and where a by-law of the corporation required five days' notice for special …

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Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act Jan 1931

Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act

Michigan Law Review

Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.

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Crimes-Speedy Trial-Justification For Delay Jan 1931

Crimes-Speedy Trial-Justification For Delay

Michigan Law Review

The defendant was convicted under a state prohibition statute. The information was filed on June 7, 1929, and no further proceedings were taken against him for more than sixty days thereafter. The defendant moved to dismiss the suit on the ground that he had not had a speedy trial. No jury was on duty during the months of July, August, and the early part of September. Held, that the constitutional guaranty of a speedy trial was not infringed by such delay. State v. Vukich (Wash. 1930) 290 Pac. 992.

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Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards Jan 1931

Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards

Michigan Law Review

The defendant acting under statutory authority passed an ordinance prohibiting billboards within five hundred feet of any park or boulevard. Held, the ordinance was valid but unenforceable as to existing billboards except upon the payment of compensation. General Outdoor Advertising Co. v. City of Indianapolis (Ind. 1930) 172 N.E. 309.

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Pleading And Practice Under The Revised Code, Lawrence R. Lynch Dec 1930

Pleading And Practice Under The Revised Code, Lawrence R. Lynch

West Virginia Law Review

In a paper of limited length such as this necessarily must be, it is impracticable to discuss or even to mention many of the changes in pleading and practice contained in the Revised Code. For that reason this discussion will be confined primarily to some important and interesting changes in Chapter 56, entitled "Pleading and Practice." At the outset it may be said that the revisers have retained the common law system of pleading and procedure. They declined follow in the steps of those jurisdictions which have adopted what is known as code pleading and practice. Such changes as the …

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The West Virginia Water Power Act, James W. Simonton Dec 1930

The West Virginia Water Power Act, James W. Simonton

West Virginia Law Review

No abstract provided.

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Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case Dec 1930

Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case

Michigan Law Review

The relator brought an action to test the right of the defendant Kohler to the office of governor of the state of Wisconsin, asserting that his election was invalid for violation of the Corrupt Practices Act, particularly in that he had expended more than $100,000 for political purposes in violation of the provision of the act limiting such expenditures for candidates for governor to $4,000. The defendant demurred to the petition, asserting that the Corrupt Practices Act is void and unconstitutional as applied to the governor because (1) the statute seeks to prescribe either qualifications for the office of governor …

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Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation Dec 1930

Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation

Michigan Law Review

Plaintiff brought suit in Missouri to enjoin collection of taxes alleged to be discriminatory, basing his claim for equitable relief on the absence of any other remedy. The supreme court of Missouri dismissed the bill, without hearing on the substantive question, on the ground that there existed, under a state statute, an adequate remedy in appeal to the state tax commission. Previously the court had denied, in several cases, that the statute gave such a right, and had allowed equitable relief in one case on that ground. When the decision in the principal case was rendered, it was too late …

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The Laws And Liberties Of Massachusetts, Randolph G. Adams Dec 1930

The Laws And Liberties Of Massachusetts, Randolph G. Adams

Michigan Law Review

A Review of THE LAWS AND LIBERTIES OF MASSACHUSETTS reprinted from the copy of the 1648 edition in the Henry E. Huntington Library, with an Introduction by Max Farrand.

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Corporations - Directors - Power Of Shareholders To Fill Vacancies Nov 1930

Corporations - Directors - Power Of Shareholders To Fill Vacancies

Michigan Law Review

One of a directorate of three having resigned in the middle of his term, a special stockholders' meeting was called to fill the vacancy, and defendant was elected to finish the term. The relator, a stockholder and director, brought a writ of quo warranto to oust the defendant on the ground that the Corporation Act (ch. 32, sec. 21, par. 5, Ill. Rev. Stat. Cahill, 1929) provided that "the directors shall fill all vacancies which may happen in the board * * * by death, resignation, or otherwise, until the next annual meeting of the stockholders," and that therefore the …

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Burns Annotated Indiana Statutes: Supplement Of 1929, By Benjamin F. Watson, W. E. Treanor May 1930

Burns Annotated Indiana Statutes: Supplement Of 1929, By Benjamin F. Watson, W. E. Treanor

Indiana Law Journal

No abstract provided.

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Indiana Should Call A Constitutional Convention, Albert Stump Feb 1930

Indiana Should Call A Constitutional Convention, Albert Stump

Indiana Law Journal

No abstract provided.

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Revision Of The Indiana Constitution, Hugh E. Willis Feb 1930

Revision Of The Indiana Constitution, Hugh E. Willis

Indiana Law Journal

No abstract provided.

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Necesssity Of Notice To A Municipal Corporation To Render It Liabile For Defects In Its Streets, Phyllis Cavender Jan 1930

Necesssity Of Notice To A Municipal Corporation To Render It Liabile For Defects In Its Streets, Phyllis Cavender

Washington Law Review

A municipal corporation is not an insurer of its streets; and is not obliged to so construct and maintain them as to secure absolute nnmunity from any danger in using them. Generally stated, its duty is to exercise ordinary care to keep them in a reasonably safe condition for public travel; this duty being in some states imposed by statute, and in others, arising by mere implication. The Washington rule is well illustrated by the case of Sutton v. Snohomish, in which the court said: "Where a city has exclusive control and management of its streets with power to raise …

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1930, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1930

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1930, 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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Jury Selection In Kentucky, Leer Buckley Jan 1930

Jury Selection In Kentucky, Leer Buckley

Kentucky Law Journal

No abstract provided.

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1930 Librarian Withdrawals From The Rowan County (Ky.) Circuit Court, Rowan County (Ky.) Circuit Court. Jan 1930

1930 Librarian Withdrawals From The Rowan County (Ky.) Circuit Court, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Librarian Withdrawals from the Rowan County (KY.) Circuit Court from 1930.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1930, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1930

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1930, 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, 1930, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1930

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1930, 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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Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland Dec 1929

Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland

West Virginia Law Review

No abstract provided.

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