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Articles 1 - 30 of 84
Full-Text Articles in Law
"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert
"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert
Michigan Law Review
The 1930 Census reduced Minnesota's apportionment in the U.S. House of Representatives from ten to nine, requiring the state to draw new congressional districts. The Republican-led state legislature passed a gerrymandered redistricting bill in an attempt to insulate its nine incumbents in the state's delegation from the party's expected loss of the statewide popular vote to the insurgent Farmer-Labor Party. When the Farmer-Labor Governor, Floyd B. Olson, vetoed the redistricting bill, the legislature claimed the bill could take effect without the governor's signature. In Smiley v. Holm, the U.S. Supreme Court decided that the veto was effective and that …
Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review
Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review
Michigan Law Review
Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …
Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle
Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle
Michigan Law Review
Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and …
A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler
A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler
Michigan Law Review
An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.
Real Property-Torrens System-Preservation Of Equitable Easements, Paul Campbell
Real Property-Torrens System-Preservation Of Equitable Easements, Paul Campbell
Michigan Law Review
Plaintiff sued to have certain lots declared free and clear of a restrictive covenant. The land was registered under a Torrens statute, but the restrictive covenant was not noted on the certificate of title. However, it was noted on a plat of the land which was referred to in the certificate of title for the purpose of identifying the location of the land. The lower court denied relief and enjoined violation of the restrictions. Held, reversed, plaintiff as a good faith purchaser for value of registered land, obtains the land free and clear of a restrictive covenant not noted …
Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman
Negligence-Automobile Bailments--Effect Of Owner Responsibility Statutes, Bernard L. Goodman
Michigan Law Review
Plaintiff brought an action to recover for damage to his automobile resulting from a collision with defendant's automobile. Each of the vehicles was being negligently operated by the son of the owner. A statute provided that one operating a vehicle with the owner's consent should be deemed the owner's agent. The court refused to give an instruction which would preclude plaintiff's recovery if the jury found that his son's negligence contributed to the accident. On appeal from a verdict for the plaintiff, held, affirmed. The statute makes the bailor liable to persons injured because of the bailee's negligence but …
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Michigan Law Review
Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after …
Corporations-Forfeiture Of Charter-Criminal Act As A Ground Therefor, James A. Sprunk S. Ed.
Corporations-Forfeiture Of Charter-Criminal Act As A Ground Therefor, James A. Sprunk S. Ed.
Michigan Law Review
Plaintiff, a private citizen, brought a civil action for forfeiture of defendant's corporate franchise, alleging a violation of the Minnesota anti-trust statute. In addition to penal sanctions, the statute provided that any corporation violating its provisions "shall forfeit all of its corporate franchises," and, further, that any citizen may enforce the statute. Defendant contended that proceedings under this statute, a part of the criminal code, were criminal, and that a private citizen could not conduct a criminal prosecution. Held, forfeiture of a corporate charter is a civil consequence of violating the criminal statute; thus, a criminal conviction is not …
Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson
Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson
Michigan Law Review
On April 12, 1938, M executed a demand promissory note, negotiable in form, payable to the order of his daughter, the plaintiff. Simultaneously M prepared and attached a written instrument to the note stating that the plaintiff agreed that she would not attempt to collect the note until M died. The attached instruments were delivered to plaintiff immediately after execution. M died May 23, 1945. Plaintiff, who held the instruments from the date of execution without making any demand for payment, filed the note with the defendant, M's administrator, as a claim against M's estate. The defendant objected …
Finders-Occupant Of Locus Versus Finder
Finders-Occupant Of Locus Versus Finder
Michigan Law Review
The plaintiff, a painter employed by defendant, the proprietor of a hotel, to redecorate a certain room therein, found a roll of old style bills under a rug in that room. He turned the money over to the defendant who stated that he "knew the true owner thereof," and that he would deliver to such owner. The owner never was located, and apparently defendant made no effort to locate him. About two years after the finding plaintiff demanded the money. The demand being refused, action was started. Held, plaintiff should recover. Erickson v. Sinykin, (Minn. 1947) 26 N.W. …
Constitutional Law-Due Process-Retroactive Application Of Statute Of Limitation To Previously Barred Claim, James R. Bliss
Constitutional Law-Due Process-Retroactive Application Of Statute Of Limitation To Previously Barred Claim, James R. Bliss
Michigan Law Review
In 1943 appellee Rowley, filed claim with the Department of Labor and Industry, under the Washington Industrial Insurance Act, for compensation for aggravation of an injury suffered, while employed by appellant in 1937, in the course of his employment. The claim was barred by a provision of the then existing statute which placed a three year limit on the filing of such claims; but by amendment in 1941 the time limit was extended to five years, with a proviso, under which appellee claimed, that "any such applicant whose compensation has heretofore been established or terminated shall have five years from …
Statutes--Legislation In Vague Terms
Statutes--Legislation In Vague Terms
Michigan Law Review
A Minnesota statute, dealing with the regulation of common carriers and requiring permits for operating as such, contained the following language: "The terms 'common carrier' and 'contract carrier' shall not apply to any person engaged in the business of operating motor vehicles in the transportation of property exclusively within the zone circumscribed by a line running parallel to the corporate limits of any city or village or contiguous cities and/or villages and 35 miles distant therefrom when such person resides within the zone." The plaintiff claimed that under that provision he was not required to secure a permit for his …
Contracts - Right Of Donee Beneficiary, Michigan Law Review
Contracts - Right Of Donee Beneficiary, Michigan Law Review
Michigan Law Review
Defendant contractor was engaged by the city of Duluth to do sewer construction work contemplating excavation in solid rock with heavy charges of explosives. The contract made defendant "liable for any damage done to private property and injuries sustained by persons" in the course of its work. Plaintiff's nearby land was damaged by defendant's blasting operations. Held, that plaintiff, a mere donee beneficiary, was entitled to recover, although he was not a party to the contract, had furnished no consideration, and was not identified at the time the contract was made. La Mourea v. Rhude, (Minn. 1940) 295 …
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Michigan Law Review
Plaintiff, a Minnesota corporation, purchased the vendor's interest in an automobile sold under a conditional sales contract. The defendant insured the plaintiff against direct loss or damage to the automobile by collision and/or upset. The vendee, without plaintiff's knowledge or consent, sold the car to a sub-vendee who drove it to Texas, became involved in an accident, and sold the wreckage to a resident of Texas who purchased in good faith. The car was rebuilt and resold. Plaintiff sued for the loss caused by the collision. Held, plaintiff may recover even though the car was repaired by others prior …
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Michigan Law Review
Defendant, a door-to-door salesman, solicited orders in Minnesota for goods, which were later shipped from his employer's factory in Wisconsin to his house in Minnesota. There he broke the original packages and filled his customers' orders by delivering the goods in a truck provided him by his employer. Defendant was convicted of violating a municipal ordinance requiring a license of all door-to-door canvassers. Held, the ordinance was unconstitutional as an unreasonable burden on interstate commerce, and the conviction should be set aside. City of Waseca v. Braun, (Minn. 1939) 288 N. W. 229.
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Michigan Law Review
Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.
Contracts - Consideration - The Rule Of Foakes V. Beer Discarded, Arthur A. Greene Jr.
Contracts - Consideration - The Rule Of Foakes V. Beer Discarded, Arthur A. Greene Jr.
Michigan Law Review
In an action on a promissory note, by an indorsee who was not a holder in due course, the defendant pleaded the following facts. In 1930 the payee held the promissory note of the defendant, who was known to be hopelessly insolvent. An agreement was thereupon made and executed between the payee, the plaintiff and defendant, whereby the plaintiff agreed to purchase the note from the payee in exchange for his automobile. The defendant in turn agreed to turn over to the plaintiff certain livestock or produce, to pay a certain balance in cash, and also to pay the license …
Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio
Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio
Michigan Law Review
The Supreme Court of Minnesota was recently confronted with an interesting problem in the case of Johnson v. Gustafson. Real property was listed by the owner with the plaintiff, a real estate broker, who was to receive a $300 commission if she found a purchaser therefor. The plaintiff interested one Clarity in the property, but no offer to purchase was made. Desiring the property but being unwilling to pay the full price of $6,000, Clarity induced his friend Gustafson to purchase it for $5,700 with Clarity's money, directly from the owner, who had a right to sell it himself …
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Negligence - Whether Compliance With Statutory Crossing Regulations Constitutes Due Care On Part Of Railroad, Anthony L. Dividio
Michigan Law Review
A series of Minnesota statutes, passed from time to time regulating the conduct of railroads, were united in the laws of 1925. Among other things, this act empowers the Railroad and Warehouse Commission to prescribe and order safety devices at crossings. The plaintiff was injured when the car in which he was riding hit defendant's train, which was already over the crossing. The evidence showed that the street sloped steeply toward the track, but the track was somewhat elevated from the street level at the crossing, so that the lights from the automobile could not shine on the train. Nor …
Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review
Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review
Michigan Law Review
Plaintiff secured a temporary injunction against the picketing of her beauty shop by members of a union who sought an agreement as to the prices which plaintiff would charge her customers. None of plaintiff's employees were dissatisfied with the terms and conditions of employment. The trial court, on the basis of allegations in plaintiff's bill, affidavits and oral testimony, but without an answer being filed by defendant, held that the case did not "involve or grow out of a labor dispute" and awarded a temporary injunction. A Minnesota statute provided that no court of the state should have "jurisdiction" to …
Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review
Torts - Violation Of Penal Statute As Civil Wrong - Bucketing - Intentional Wrong, Michigan Law Review
Michigan Law Review
A statute prohibited bucketing operations by dealers in securities and commodities, and provided penalties for such offenses. Plaintiff alleges that, acting without knowledge of defendant's illegal operations, he gave the defendant an order for the purchase of stock, which, he says, was not executed, as defendant reported, but "bucketed" in a manner prohibited by statute. Plaintiff sued to recover damages. Defendant demurred on the grounds (1) that the transaction referred to was not bucketing, but (2) that if it was, defendants were not liable to this plaintiff as the latter was not within the class of persons intended to be …
Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review
Witnesses - Contradiction Of Party's Own Testimony By Other Witnesses Called By Him, Michigan Law Review
Michigan Law Review
In an automobile guest action for injuries received when defendant drove his auto against the center pier of a viaduct on a city street, wherein the only defense was plaintiff's contributory negligence in remaining in the auto with knowledge that defendant was intoxicated, defendant testified that he was not under the influence of liquor. Held, defendant could not thereafter offer testimony of other witnesses to prove he was intoxicated at a time shortly after the accident, since his own testimony was in regard to facts peculiarly within his own knowledge and given apparently in good faith. Vondrashek v. Dignan …
Corporations-Amendment Of Charter - Fundamental Change Of Purpose, Michigan Law Review
Corporations-Amendment Of Charter - Fundamental Change Of Purpose, Michigan Law Review
Michigan Law Review
Plaintiff, a cooperative association incorporated under the laws of Minnesota as a wholesaler of oil, sued defendant, a member of the cooperative, for goods sold and delivered. Pursuant to the statute which provided that such cooperatives may amend their articles by a vote of the majority of the membership "in respect to any other matter which the original articles of incorporation of the same kind might lawfully have contained," plaintiff's articles of incorporation had been amended, adding to the original purposes "any mercantile, jobbing, wholesale and retail, mining, manufacturing and mechanical business on the cooperative plan." These were all objects …
Taxation - Business Situs Of Intangibles - Assets, Donald H. Larmee
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 …
Contracts - Fraud - Defrauded Purchaser Of Land On Contract, Jacob L. Keidan
Contracts - Fraud - Defrauded Purchaser Of Land On Contract, Jacob L. Keidan
Michigan Law Review
Defendant filed a counterclaim for damages for deceit in an action brought by the vendor in a land contract. The facts showed that substantial payments had been made both before and after defendant's discovery of the fraud. The court held that defendant's performance of the contract subsequent to his discovery of the fraud constituted a "waiver" of the fraud. Monroe v. Hoffman, 276 Mich. 281, 267 N. W. 836 (1936).
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Negligence - Res Ipsa Loquitur - Application To Carriers, Michigan Law Review
Michigan Law Review
Plaintiff was injured while riding on defendant's bus when it was struck by defendant's street car, the collision being caused by the derailment of the street car. It was not made clear on trial what was responsible for the derailment. Held, the defendant controlled both vehicles, the event was of a type which would not ordinarily occur if reasonable care were used, the injury to plaintiff was not due to any voluntary act on her part, so the jury could properly infer that the defendant was negligent under the doctrine of res ipsa loquitur. Birdsall v. Duluth-Superior Transit …
Contracts - Interpretation - "Permanent Employment'', Michigan Law Review
Contracts - Interpretation - "Permanent Employment'', Michigan Law Review
Michigan Law Review
Plaintiff, a consulting engineer, had developed a clientele affording him a weekly income of $200, and was considering Purdue University's attractive offer of an associate professorship. Knowing these facts, defendant corporation proposed by telephone that if plaintiff would reject the Purdue offer and agree to purchase the home of defendant's power superintendent, it would give plaintiff permanent employment at a salary of $600 per month. Relying thereon, plaintiff immediately accepted, rejecting the Purdue offer, contracting to purchase the home, and performing his duties under the employment contract for about twenty-two months, after which defendant discharged him without cause. In affirming …
Attorneys - Disbarment - Statute Of Limitations
Attorneys - Disbarment - Statute Of Limitations
Michigan Law Review
An attorney guilty of professional misconduct interposed as a defense the statute of limitations, which required that no proceeding to disbar or suspend an attorney be instituted except within two years after the commission of the offense or within one year after the discovery thereof. The court held the statute unconstitutional as an attempted projection of legislative power into the judicial department; the effect of the statute being to dictate to the court what evidence it might consider. In re Tracy, (Minn. 1936) 266 N. W. 88.
Contracts - Indefiniteness - Effect Of Buyer's Right To Require Alternative Performance
Contracts - Indefiniteness - Effect Of Buyer's Right To Require Alternative Performance
Michigan Law Review
A buyer, who had agreed to take a certain number of gallons of oil within a viscosity range comprising seven weights, each weight being listed at a different price, repudiated his contract without having specified any of the seven types. In a suit by the seller to recover for breach of contract, held, as the indefiniteness of the agreement precluded any damages save those based on speculative, average, or other arbitrary price, it was not enforcible and plaintiff could not recover for defendant's refusal to accept oil. Wilhelm Lubrication Co. v. Brattrud, (Minn. 1936) 268 N. W. 634.1
Criminal Law And Procedure - Fraudulent Deprivation Of Possessory Lien As Larceny
Criminal Law And Procedure - Fraudulent Deprivation Of Possessory Lien As Larceny
Michigan Law Review
Defendant engaged a furrier to repair her fur coat. After the repairs were completed, she obtained possession of the coat on the pretense of trying it on and refused to return it or to pay for the work done. She was charged with grand larceny, the theory of the prosecution being that she feloniously deprived the furrier of his property (his repairmen's lien). Held, conviction affirmed. The court seemed to say that the value of the coat rather than the amount of the lien determined the degree of the larceny. State v. Cohen, (Minn. 1935) 263 N. W. …