Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer
Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer
Michigan Law Review
Plaintiff brought suit on some promissory notes in the federal district court in Michigan. The complaint was filed before the expiration of the six-year Michigan statute of limitations, but although the plaintiff used due diligence he was unable to get personal service on defendant until the statutory period had elapsed. Defendant pleaded the statute of limitations. Both the Michigan and the federal procedures provide that "a civil action is commenced by filing a complaint with the court." Held, that the filing of the complaint tolled the running of the statute and the plaintiff should therefore be allowed to maintain …
Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel
Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel
Michigan Law Review
In 1939 the International Workers Order, an unincorporated association, had a picnic and dispensed beer through its secretary to its members without charge. The association had not obtained a license to sell beer. The secretary, defendant herein, was arrested and tried for violation of the Liquor Control Act, which made it a misdemeanor for a person to sell liquor without a license. Held, that an unincorporated association is not a person within the meaning of the statute, and therefore there was no sale. People v. Budzan, 295 Mich. 547, 295 N. W. 259 (1940).
Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review
Criminal Law And Procedure-Jury Trial- Directed Verdict Of Guilty- Michigan Rule, Michigan Law Review
Michigan Law Review
The defendant was convicted of negligent homicide as the result of a collision between his car and another, in which an occupant of the other car was killed. The trial court charged the jury, inter alia, "The court submits the case to you for your determination. The view of the court is that under the law there is only one verdict that can be found by the jury under the evidence in this case in its most favorable light." This was objected to by the defendant as error. Held, the instruction was in effect a direction of a verdict …
Banks And Banking - Right Of National Bank To Sue On Personal Guaranty To State Bank After Consolidation L Of State Bank With National Bank, William C. Whitehead
Banks And Banking - Right Of National Bank To Sue On Personal Guaranty To State Bank After Consolidation L Of State Bank With National Bank, William C. Whitehead
Michigan Law Review
Defendants guaranteed payment to a state bank of the notes and renewals made by a borrower. Shortly thereafter the state bank was consolidated with a national banking association. The borrower issued a renewal note to the consolidated bank for the indebtedness owing the state bank. This was followed by a consolidation with another state bank, the appointment of a receiver, and the sale of the consolidated bank's assets to plaintiff. In answer to the claim on the guaranty for payment of the renewal note, defendants declared that the obligation was not assignable and that the identity of the obligee was …
Council And Court: The Handbill Ordinances, 1889-1939, James K. Lindsay
Council And Court: The Handbill Ordinances, 1889-1939, James K. Lindsay
Michigan Law Review
The extent to which a municipality may regulate or prohibit the distribution of handbills and circulars on its streets and from house to house has been thoroughly considered by the courts in the last two years. These recent cases reveal one phase of a battle historically rich and presently important to the American people. It is the thrust of a principle-the right of free speech and press-against the encroachments of municipal governing bodies concerned with the practical problem of keeping their streets clean. The municipal official sees the problem thus: "One of the small but aggravating nuisances which most cities …
Boundaries By Agreement And Acquiescence, Harold M. Street
Boundaries By Agreement And Acquiescence, Harold M. Street
Michigan Law Review
An accurate summation of the present-day status of the doctrines of boundaries by agreement and acquiescence is contained in the, following statement made by an eminent text writer: "There are, in this country, a great number of decisions bearing upon the effect of an agreement by adjoining owners as to the boundary line between their lands, or of their recognition of a certain line as the boundary without any express agreement in relation thereto. These decisions are frequently most unsatisfactory in their discussion of the principles involved, and, purporting, as they variously do, to be based on principles of agreement, …
Instalment Payment Of Judgments, Frederick Woodbridge
Instalment Payment Of Judgments, Frederick Woodbridge
Michigan Law Review
This article is concerned primarily with a discussion of satisfaction of judgments by instalment payments where the judgment debtor is the typical American wage earner. It is based upon an analysis of the applicable statutes, the experience recorded in decided cases, interviews with numerous judges administering the statutes, and observations in certain of the courts where that method is used.
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.