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Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Michigan Law Review
Report No. 7 is a progress report on the study of the Federal Courts. It describes the plan and scope of the study and presents the results which have been obtained in the only district where sufficiently complete data have been obtained to justify tabulation, namely, the district of Connecticut.
Statutes-Indefiniteness As Affecting Vaudity
Statutes-Indefiniteness As Affecting Vaudity
Michigan Law Review
Plaintiff sought to enjoin the enforcement of Public Acts Conn. 1929, c. 296, section 4 of which prohibits the "sale or delivery of lubricating oil for use in motor vehicle engines, that shall not be 'equal to or better in quality and specifications' than that !mown as United States Government Specifications for Motor (Class D) Lubricants." Section 5 provides for all tests to determine quality to be made in accordance with methods contained in a certain technical paper of the Bureau of Mines, made a part of the act. The act further provided fines and imprisonment for violations. The district …
Searches And Seizures-Right To Search A House As Incident To Lawful Arrest
Searches And Seizures-Right To Search A House As Incident To Lawful Arrest
Michigan Law Review
On a reasonable belief that the prohibition law was being violated, officers entered Marcucci's basement and arrested Marcucci and the other men present. On the table, when the officers entered, were several gallon jugs of wine, and several of the men were intoxicated. Observing that the door at the end of the passageway leading from the room was open, one of the officers investigated and found in the sub-cellar twenty-five barrels of wine. Also, noting a locked door in the sub-cellar, the officer requested the key of Marcucci who at first denied possession but finally produced it. In the closet …
The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley
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 …
Constitutional Law-Action For Personal Injury As Property
Constitutional Law-Action For Personal Injury As Property
Michigan Law Review
In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …
Easements-Abandonment
Michigan Law Review
A driftway across the defendant's land was created by grant, giving the plaintiff his only access to the highway. The need for a way having ceased, it had not been used by the dominant owner for about twenty-five years, and in places was so overgrown as to be almost impassable. Moreover, the defendant moved two buildings in the line of the way, and about five years previously had prevented the plaintiff from cutting brush within its bounds. The lower court held that these facts constituted an abandonment, but this was held to be error on appeal. Byard v. Hoelscher (Conn. …
Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care
Evidence-Contributory Negligence-Burden Of Proof-Presumption Of Due Care
Michigan Law Review
This case was an administrator's action to recover damages for the death of the plaintiff's intestate who was struck by an automobile operated by the defendant. There were no eyewitnesses other than the decedent and the defendant. On trial the plaintiff introduced evidence of the defendant's negligence, but under the circumstances of the case, was unable to introduce affirmative evidence that the decedent was free from contributory negligence. Held, one judge dissenting, that there was no presumption that the decedent exercised due care, and therefore, the non-suit granted by the lower court was affirmed. Kotler v. Lalley (Conn. 1930) …