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Full-Text Articles in Law
Fraudulent Conveyances - Contingent Creditors - Bank Stockholders' Double Liability, Charles V. Beck Jr.
Fraudulent Conveyances - Contingent Creditors - Bank Stockholders' Double Liability, Charles V. Beck Jr.
Michigan Law Review
A holder of bank stock conveyed real estate to her daughter in consideration of love and affection, leaving the grantor with no other assets than the bank stock. At the time, the bank stock had a market value of eleven dollars a share, and the bank was advertising for depositors; there was nothing in the record to indicate insolvency. About two years later the bank closed, and the superintendent of banks assessed the stockholders the amount of their statutory double liability. When the transfer was discovered the superintendent brought action to set aside the conveyance as fraudulent to the creditors …
A Reappraisal Of Appraisal Statutes, Norman D. Lattin
A Reappraisal Of Appraisal Statutes, Norman D. Lattin
Michigan Law Review
Two recent cases, under two of the most carefully framed corporation statutes, have raised again the question of what to do with the shareholder who dissents from fundamental change in his corporation. The appraisal statutes were devised to meet this problem by giving the shareholder, in the limited number of fundamental changes stated in the statute, the right to demand the fair, cash or market value of his share and retire from the company. The statutes of two states have given him this right as almost the exclusive means of protecting his interest in the company if he is dissatisfied …
Marriage And Divorce - Gross Neglect Of Duty As A Ground For Divorce - Wife's Separate Employment Causing Neglect Of Household Duties, Oscar Freedenberg
Marriage And Divorce - Gross Neglect Of Duty As A Ground For Divorce - Wife's Separate Employment Causing Neglect Of Household Duties, Oscar Freedenberg
Michigan Law Review
The husband, plaintiff in a divorce action, alleged that his wife's employment, against his will, caused her to become irritable, unpleasant and quarrelsome and to neglect her household tasks. Held, that the petition states a cause of action on the ground of gross neglect of duty or extreme cruelty under the Ohio statute, but that the proof fails to bear out the plaintiff's allegations. Winnard v. Winnard, 62 Ohio App. 351, 23 N. E. (2d) 977 (1939).
Municipal Corporations - Debt Limitations - Validity Of Revenue Financing Bonds, James W. Deer
Municipal Corporations - Debt Limitations - Validity Of Revenue Financing Bonds, James W. Deer
Michigan Law Review
The state of Ohio created a building authority to which it transferred for a period of twenty-five years certain hospitals and public land. In return the authority promised to repair the hospitals and to construct a number of new buildings. Bonds to the amount of $7,500,000 were issued by the authority on a resolution pledging the income to be derived from the property pursuant to a twenty-three year rent and bond retirement agreement with the department of welfare. The department promised to charge its patients enough to meet these obligations, and to make payment possible a statute was passed allowing …
Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland
Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland
Michigan Law Review
The petitioner, on behalf of the city of Akron, applied for a writ of mandamus to compel the board of health of the city to apply the municipal civil service regulations to the employees of the board. In 1912, Ohio had adopted a so-called "home rule amendment" to its constitution, under authority of which the city had formulated its charter. By statute, each city in Ohio constitutes a city health district, and the officers thereof are appointed by the mayor of the city with the consent of the city council. The state statutes make no express reference to civil service …
Taxation - Constitutional Objections To Release Of Delinquent Taxes And Accrued Penalties Thereon, Michigan Law Review
Taxation - Constitutional Objections To Release Of Delinquent Taxes And Accrued Penalties Thereon, Michigan Law Review
Michigan Law Review
In 1933, the Ohio legislature passed an act exempting from taxation certain property of interurban railway companies for a period of three years from January 1, 1932, and a subsequent act in 1935 extended the exemption for two more years. Relator, a taxpayer, sought by mandamus to compel the state tax commission to collect the taxes for all the years in question. Held, the act was unconstitutional as applied to the 1932 taxes already assessed because it violated a provision of the state constitution forbidding retroactive laws. State ex rel. Struble v. Davis, 132 Ohio St. 555, 9 …
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Michigan Law Review
The plaintiff owned several lots in a subdivision which the defendant city changed from a class "B" residence district to a class "C" residence district. In an action for a declaratory judgment the plaintiff asked the court to pronounce the amendment making pie change void. The declaration contained the following allegations: that there was already sufficient undeveloped class "C" property to satisfy present and future building needs; that the change was made at the instance of private persons, for their benefit, and not in the public interest; that the new classification would decrease the value and enjoyment of the plaintiff's …