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Articles 1591 - 1620 of 1652

Full-Text Articles in Law

Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson Nov 1938

Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson

Michigan Law Review

Plaintiff sued defendant trade union, an unincorporated association, in its association name in a county court of North Carolina for damages arising out of its action in expelling him from the union, putting his name on a blacklist, and obtaining his discharge from employment. North Carolina had no enabling statute permitting suit against unincorporated associations in their association name. Service of process was obtained upon the local union's secretary-treasurer. Judgment for the plaintiff was taken by default, and plaintiff brought an action on the judgment in the District Court of the United States for the District of Columbia. The District …

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Death Taxes On Completed Transfers Inter Vivos, Lorentz B. Knouff Jun 1938

Death Taxes On Completed Transfers Inter Vivos, Lorentz B. Knouff

Michigan Law Review

The subjection of transfers inter vivas to the death tax under each of the above categories has been based upon the proposition that, for a transfer inter vivas properly to be subject to the death tax, it must bear some reasonable relationship to transfers at death either by will or under the law relating to intestacy. This rule has been applied both in problems of statutory construction and in problems of constitutionality. The recent decision of the United States Supreme Court in Helvering v. Bullard seems to have abandoned this test for the inclusion of transfers inter vivas within the …

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Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler Jun 1938

Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler

Michigan Law Review

A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law. A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing …

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Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler Jan 1938

Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler

Michigan Law Review

The town plan commission amended the municipal zoning ordinance to permit the erection of an incinerator in a class C residence district. The particular tract upon which the incinerator was to be located had been a municipal garbage dump, and as such, a non-conforming use under the zoning ordinance. The board of health by ordinance declared the garbage dump to be a nuisance. The facts revealed there was an immediate need to dispose of the garbage, etc.; that the erection of an incinerator was the best means of so doing; that the proposed site was a suitable location; that the …

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Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White Jun 1937

Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White

Michigan Law Review

A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …

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Taxation - Business Situs Of Intangibles - Assets, Donald H. Larmee Jun 1937

Taxation - Business Situs Of Intangibles - Assets, Donald H. Larmee

Michigan Law Review

Defendant holding company, a Delaware corporation, was engaged in a chain banking business in the northwest. It held the stocks of its subsidiaries, the banks, at its business headquarters, which was located in Minnesota. The holding company protested the payment of the Minnesota money and credits tax on stocks of six Montana and two North Dakota subsidiary banks. The holding company argued that it had already paid a tax on the stock to the states in which the banks were incorporated, and that the Minnesota tax thus resulted in double taxation and was contrary to the due process clause of …

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Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann May 1937

Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann

Michigan Law Review

Plaintiff sued for damages for breach of promise to marry and seduction, after the enactment of a New York statute which abolished such causes of action. The court held for the defendant, basing its recognition of the validity of the statute on the ground that the legislature has plenary power to deal with the subject of marriage. Fearon v. Treanor, 272 N. Y. 268, 5 N. E. (2d) 815 (1936).

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Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon Apr 1937

Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon

Michigan Law Review

In proceedings for reorganization under Section 77B of the Bankruptcy Act, the debtor held real property valued at $245,025, while outstanding against the property there were first mortgage bonds of $445,000, second mortgage notes for $40,250 and a third mortgage note for $27,000. The court confirmed a plan which made no provision for junior lienors or stockholders, and to which they had not given their consent. On certiorari, granted by the Supreme Court, it was held, that since there was no equity in the property above the first mortgage, the claims of the junior lienors and stockholders had no …

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Corporations - Foreign Corporations - Service Of Process Based Upon Solicitation, Donald H. Larmee Apr 1937

Corporations - Foreign Corporations - Service Of Process Based Upon Solicitation, Donald H. Larmee

Michigan Law Review

The question of just when a foreign corporation is amenable to process for an in personam action has long troubled the courts. To one who is seeking a clear and applicable formula, the cases in this field offer but little aid because of the confusion created by the multitude of decisions upon the problem. The decisions of the United States Supreme Court itself are of no great assistance in deriving such a formula. Many attempts have been made by legal writers to define a working rule for this problem as a whole. However, the present writer will endeavor only to …

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Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson Mar 1937

Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson

Michigan Law Review

Complainant power company attacked as confiscatory the decrease in rates ordered by the Public Service Commission of Montana. The company demanded an interloctory injunction pending a final decree. It appeared that there was on the statute book of Montana a statute prohibiting supersedeas pending judicial review in such cases. The district court granted the commission's motion to dismiss on the ground that a plain, speedy, and efficient remedy was available to the plaintiff in the state courts, and hence the requirements of the Johnson Act of May 14, 1934, were met. Therefore, so it was contended, federal jurisdiction was precluded. …

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Bankruptcy - Corporate Reorganization Plan - Fairness And Feasibility, Erwin S. Simon Feb 1937

Bankruptcy - Corporate Reorganization Plan - Fairness And Feasibility, Erwin S. Simon

Michigan Law Review

The corporation, having assets of $295,000 and liabilities of $1,200,000, petitioned for reorganization under Section 77B of the Bankruptcy Act and presented a plan. The district court's dismissal of the debtor's petition was affirmed in the circuit court of appeals on the grounds that the plan offered was incomprehensible, that the appraisal required by the plan was unjust since the value and validity of the bonds had been found in the equity receivership, and that subsection (b)(5) of 77B was unconstitutional, the attempt to bind non-assenting creditors being a denial of due process. Certiorari was granted by the Supreme Court. …

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Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton Jan 1937

Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton

Michigan Law Review

It is the purpose of this comment to discuss the validity under the Federal Constitution of an indictment, drawn in accordance with the proposed code, which would merely accuse the defendant of having committed some kind of "offense," and would leave the particulars of the offense to a bill of particulars.

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Constitutional Law - Race Segregation Ordinance - Effect Of Military Order Of Governor Issued For Same Purpose Nov 1936

Constitutional Law - Race Segregation Ordinance - Effect Of Military Order Of Governor Issued For Same Purpose

Michigan Law Review

A "segregation ordinance" of Oklahoma City, prospective in nature, made it unlawful for any negro to occupy as a residence any house or building located in a block wherein a majority of the buildings used were occupied by white persons. The initial step in the segregation of races in the city occurred when the Governor issued a military order for the separation of the races, because it appeared that riot and bloodshed were imminent; such order to remain in effect until an ordinance was passed in lieu of the order. Held, the ordinance was an invalid exercise of the …

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Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act Jun 1936

Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act

Michigan Law Review

Plaintiffs sued in a federal district court for an injunction restraining enforcement of an order of the Corporation Commission of Oklahoma reducing gas rates. The plaintiffs alleged that the new rates were confiscatory and in violation of due process of law under the Fourteenth Amendment. It appeared that there was much uncertainty in the decisions of the Supreme Court of Oklahoma as to whether the appeal to that court from the orders of the Corporation Commission were legislative or judicial. Held, that in view of the uncertainty of an opportunity for judicial review of the orders of the Commission, …

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Banks And Banking-Constitutional Validity Of Statutes Allowing Reorganization Of Insolvent Bank Jan 1936

Banks And Banking-Constitutional Validity Of Statutes Allowing Reorganization Of Insolvent Bank

Michigan Law Review

A statute of Mississippi permitted the reopening of a closed bank, for the purpose of paying off creditors, upon terms proposed by three-fourths of the bank's creditors. The statute required that the proposition of the creditors be approved by the state superintendent of banks and confirmed by the court of chancery. Dissenting creditors opposed such a plan on the ground that the statute was unconstitutional because it impaired the obligation of contracts, and was contrary to the due process clause of the Federal Constitution. The court held that the statute was valid, that all it did was to change the …

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Taxation-Right Of Federal Taxpayer To Question Validity Of A Federal Tax-Effect Of Section 3224 Of The United States Revised Statutes Jan 1936

Taxation-Right Of Federal Taxpayer To Question Validity Of A Federal Tax-Effect Of Section 3224 Of The United States Revised Statutes

Michigan Law Review

Quite apart from the merits of the controversy, the recent decision of the Supreme Court in the Hoosac Mills case presented the interesting problem of the taxpayer's standing in court to question the validity of a federal tax. The problem is really twofold. First, may the taxpayer enjoin the collection of the tax? Second, assuming that he may not, what steps must he take before he can get a refund of the amount that he has paid?

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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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Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded Dec 1935

Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded

Michigan Law Review

A Minnesota statute required the Industrial Commission to refuse to license an employment agency whenever the Commission should find "that the number of licensed employment agents . . . in the community in which the applicant for a permit proposes to operate is sufficient to supply the needs of employers and employees." Plaintiff's application was denied because the Commission found that sufficient agencies existed in the city of Duluth. In an appeal from a mandamus proceeding the Supreme Court of Minnesota held, Deveny, C. J., dissenting, that the statute denied plaintiff due process of law. The court reached this …

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Constitutional Law - State Police Power - Regulation Of Advertising By Dentist Nov 1935

Constitutional Law - State Police Power - Regulation Of Advertising By Dentist

Michigan Law Review

Plaintiff, a practicing dentist, brought an action to enjoin the enforcement of a section of Oregon legislation regulating the practice of dentistry, which defined certain types of advertising and solicitation as unprofessional conduct and, as such, ground for the revocation of a license to practice. The section was upheld by the state supreme court and plaintiff appealed to the United States Supreme Court, alleging that the statute was unconstitutional in that it impaired the obligations of existing contracts and violated the "due process" and "equal protection" clauses of the Fourteenth Amendment. Held, that the statute was a valid exercise …

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Federal Taxation Of Settlors Of Trusts, Harry B. Sutter, Anderson A. Owen May 1935

Federal Taxation Of Settlors Of Trusts, Harry B. Sutter, Anderson A. Owen

Michigan Law Review

In the Revenue Act of 1924 there simultaneously appeared three new provisions. By Section 219(g) the income of trusts revocable by the grantor, either alone or in conjunction with any person not a beneficiary, of the trust, was specifically required to be taxed to the grantor as his income. By Section 302(d) there was required to be included in the gross estate of a deceased grantor the value at his death of any property previously given by him in trust, where the enjoyment of such property remained subject to change through the exercise by the grantor, either alone or in …

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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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Constitutional Law - Price Fixing - Limits Of Administrative Discretion Apr 1935

Constitutional Law - Price Fixing - Limits Of Administrative Discretion

Michigan Law Review

An order of the New York Milk Control Board prescribed a minimum selling price to be charged by wholesale dealers to their customers and also a minimum buying price to be paid by the dealers to producers. Competition fixed the minimum selling price as the maximum obtainable. Plaintiff, a wholesale dealer, could not operate at a profit and sued to enjoin enforcement of the order as arbitrary and hence violative of due process. Held, that upon these facts only, with nothing to show that efficient dealers could not operate profitably, the price limits were not arbitrary. Hegeman Farms Corp. …

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Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality Mar 1935

Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality

Michigan Law Review

In connection with the performance of a contract with the federal government, the plaintiff corporation was required to pay a state sales tax on lumber, cement, steel and other materials used in the construction work. An action was brought to enjoin the collection of the tax and to have it declared unconstitutional as impeding and hampering the federal government in the performance of its governmental functions, and as depriving the plaintiff of its property without due process of law. Held, the plaintiff is not a proper party to raise the question of the constitutionality of the tax: first, because …

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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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Administrative Law-Judicial Review-Federal Equity "Powers Nov 1934

Administrative Law-Judicial Review-Federal Equity "Powers

Michigan Law Review

Plaintiff's testator, a resident of New York, died there and at the time of his death owned certain oil paintings on temporary loan to an Art Museum in Pennsylvania, on which the State of Pennsylvania levied an inheritance tax. Plaintiff, executor under a will disposing of the pictures, filed a bill in the Federal District Court for Eastern Pennsylvania to enjoin the defendants, tax officials of Pennsylvania, from attempting to impose or collect the inheritance tax. The bill alleged diversity of citizenship and the requisite jurisdictional amount, and further that the imposition of the tax violated the Fourteenth Amendment, depriving …

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Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan Apr 1934

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 …

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The Municipality As A Unit In Ratemaking And Confiscation Cases, Robert D. Armstrong Jan 1934

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.

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Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp Dec 1933

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 …

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Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp Nov 1933

Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp

Michigan Law Review

The way of governmental price regulation has been hard, and such regulation has been carefully confined to businesses clothed with a "public interest." An exception has been recognized where an "emergency" occurs in a business outside of the strict utility field. However, the apparent disruption of the competitive system during the present depression has been productive of legislation seeking to overcome the evils of that system. In People v. Nebbia, the Court of Appeals of New York sustained a recent act of the legislature creating a milk control Board and authorizing the fixing of milk prices for a 12-month …

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Constitutional Law-Mortgage Foreclosure Moratorium Statutes Nov 1933

Constitutional Law-Mortgage Foreclosure Moratorium Statutes

Michigan Law Review

The present economic crisis has been productive of much drastic legislation which is directed at the relief of the debtor class. Rather than let the depression run its course, legislative bodies have endeavored to alleviate some of the evils by so-called "emergency'' statutes. A common type of such enactment is that designed to protect mortgagors against foreclosure and sale of their property. Some of these statutes provide that the period of redemption after foreclosure sale shall be extended for a definite period, others that the courts may stay foreclosures, and some provide that there shall be no foreclosure sales unless …

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