Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland
Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland
Michigan Law Review
Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Michigan Law Review
Two defendants, one of whom was a minor, sold a business to the plaintiff. The plaintiff, in seeking to rescind the contract on the ground that it was induced by fraud, obtained a decree declaring the contract cancelled, and judgment was entered against the defendants for the sums they had received from the plaintiff. The minor defendant filed a petition to vacate the judgment as to him because during the trial no guardian ad litem had been appointed to represent him. Held, defendant is entitled to a new trial only if he could have made a good defense, and …
Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin
Labor Law - Unincorporated Unions As Entities For The Purpose Of Being Made Parties Defendant, Rex B. Martin
Michigan Law Review
Union officials wrongfully discharged plaintiffs from the union. Plaintiffs, being unable to procure employment in a "closed-shop" trade, asked for a writ of mandamus to direct defendants, as representatives of the association, to reinstate plaintiffs and recompense them for damages suffered. Held, that a reinstatement order and a damage judgment against the union should be granted. Nissen v. International Brotherhood of Teamsters, etc., (Iowa, 1941) 295 N. W. 858.
Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review
Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review
Michigan Law Review
The respondent, a New York corporation licensed to do retail business in Iowa, did a large mail order business there also. Iowa customers sent orders by mail to the company's warehouses located outside that state, and the merchandise was shipped directly to the purchaser. On these mail order sales the company neither collected from its customers, nor paid to the state, the Iowa use tax. The petitioner, chairman of the state tax commission, threatened to cancel the respondent's license as a retailer and its permit to do business in Iowa unless such use tax were paid. Respondent obtained an injunction …