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Michigan Law Review

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Full-Text Articles in Law

Torts - Release Of One Responsible For Injury As Bar To Action Against Physician For Malpractice - Splitting Cause Of Action Jun 1932

Torts - Release Of One Responsible For Injury As Bar To Action Against Physician For Malpractice - Splitting Cause Of Action

Michigan Law Review

In an action brought for damages arising out of alleged negligent treatment of an injury, defendant pleaded a general release of the city of Minneapolis and other alleged joint tort-feasors whom plaintiff had first sued for damages resulting from the injury. In affirming the judgment for defendant on the pleadings, held, that the release barred the cause of action. Smith v. Mann (Minn. 1931) 239 N. W. 223.

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Controlling The Production Of Oil, Donald H. Ford Jun 1932

Controlling The Production Of Oil, Donald H. Ford

Michigan Law Review

The present pressing need for controlling the production of oil is due to a variety of causes. The principal factors that have contributed to the existing situation to "the flood of oil that takes on the proportions of a national disaster'' are: (1) A rapid improvement in exploratory technique, geological and geophysical, which has resulted in "bringing in" too many new oil fields. (2) Enormous advances in the art of drilling, especially as regards rapidity of drilling and the depths attained. (3) Improved methods of refining which furnish an ever-increasing percentage of gasoline from. the crude. (4) The development of …

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Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper Jun 1932

Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the. methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the quality of the evidence submitted as the …

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Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly Jun 1932

Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly

Michigan Law Review

The effect of the holding of the Sanders case is of special interest at the present time because of the large number of recent bank failures. This decision may possibly result in former stockholders of Illinois state banks and the heirs of former stockholders being subjected to an assessment on stock that was disposed of several decades ago. The holding is applicable only to state banks, since national banks are not subject to state regulation. It would not be surprising if this Illinois holding should be followed in Nebraska, since the latter state has already based some of its rulings …

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Constitutional Law - Due Process-Business "Affected With A Public Interest'' Jun 1932

Constitutional Law - Due Process-Business "Affected With A Public Interest''

Michigan Law Review

Ever since Munn v. Illinois there has been continuous dispute as to what regulation is deprivation of property without due process of law within the prohibition of the Fourteenth Amendment. In this first case Chief Justice Waite, discussing with approval prior statutes regulating the rates of chimney sweeps and of auctioneers, the price of bread, the charges of draymen and of hackneycabs, concluded that, if these might be regulated, surely so important a matter as the rates of the great grain elevators in Chicago might be subjected to regulation. The position taken was expressed by these sentences: "From this it …

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Arrest For Crime -The Law's "Crazy Business" Jun 1932

Arrest For Crime -The Law's "Crazy Business"

Michigan Law Review

In the Wilbur Day case, the facts as presented by Time indicate that Day was in truth guilty of the felony for which he was arrested. Under the statute, therefore, the arrest was lawful and the case should not have been dismissed. The defendant's attorney appears, unfortunately, to have misled the trial judge.

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Evidence-Corroboration In Criminal Cases Jun 1932

Evidence-Corroboration In Criminal Cases

Michigan Law Review

On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.

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Constitutional Law-Criminal Procedure-Comment By Judge On Evidence Jun 1932

Constitutional Law-Criminal Procedure-Comment By Judge On Evidence

Michigan Law Review

In the recent case of People v. Kelly, the Illinois supreme court decided (two justices dissenting) that the common law right of a judge, in charging the jury, to comment on the evidence and advise as to the facts was not an essential attribute of trial by jury as it, existed at common law, and held that a statute limiting the charge strictly to matters of law was not an infringement of the right of trial by jury guaranteed by successive Illinois constitutions. The court also decided, in upholding the legislative enactment, that this restriction of the functions of …

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Administrative Tribunals -Workmen's Compensation - Scope Of Federal Judicial Review Under Longshoremen's And Harbor Workers' Compensation Act Jun 1932

Administrative Tribunals -Workmen's Compensation - Scope Of Federal Judicial Review Under Longshoremen's And Harbor Workers' Compensation Act

Michigan Law Review

The recent decision of Crowell v. Benson by the United States Supreme Court throws interesting light on the constitutionality of delegating final fact-finding powers to administrative tribunals. The case arose under the Longshoremen's and Harbor Workers' Compensation Act which gives deputy commissioners full authority to hear and determine all questions in respect to claims for compensation for disability or death resulting from injuries occurring on the navigable waters of the United States/ The act further provides that if the compensation order is "not in accordance with law" it "may be suspended or set aside in whole or in part, through …

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Public Utilities -The Effect Of Recent Cases On The Control Of Public Utility Holding Companies Jun 1932

Public Utilities -The Effect Of Recent Cases On The Control Of Public Utility Holding Companies

Michigan Law Review

When the stock of a local utility company is owned by a holding company, difficult problems of regulation are presented to the state utilities commission. The commission can still control the rates which the local utility can charge, but, usually it cannot directly control the holding company which is a private business or is engaged in interstate commerce. Yet some control over the holding company is necessary for the effective control of the local utilities, and recent years have witnessed several attempts on the part of state commissions to obtain this control. So far they have not been entirely successful.

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Receivers - Extraterritorial Powers Jun 1932

Receivers - Extraterritorial Powers

Michigan Law Review

In these days of financial stress, the question of the extraterritorial powers of a receiver becomes especially acute. Though to the business man state lines have lost their significance, the lawyer is still confronted with independent sovereignties, both federal and state, each jealously safeguarding its own particular province. Receivers, appointed for an insolvent corporation or for a judgment debtor, seek to recover assets situated in foreign jurisdictions. Economy and expediency dictate the prevention of a dismemberment of the estates and the saving of expensive ancillary receiverships by a personal pursual on the part of the home receivers of those outlying …

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Agency- Liability Of Principal For Torts Of Agent-Apparent Authority Jun 1932

Agency- Liability Of Principal For Torts Of Agent-Apparent Authority

Michigan Law Review

Defendant regularly delivered goods to plaintiff C. O. D. Lambert was employed by defendant to deliver such goods and collect for them, and for this purpose he was given blank re6eipts which he was authorized to fill out and sign upon being paid for the goods. The usual course of business was for Lambert to deliver to plaintiff's shipping clerk who signed the delivery bill, and then collect from plaintiff's cashier who was stationed in another room. Plaintiff's cashier never asked to see this delivery bill, but always took Lambert's word as to the amount due. For a period of …

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Contracts - Assignment - Right Of Partial Assignee Jun 1932

Contracts - Assignment - Right Of Partial Assignee

Michigan Law Review

One White assigned to the plaintiff, for a valuable consideration, part of the amount due him (White) from the defendant as wages for the last half of October. Before the time of payment on November 15th, the plaintiff had given written notice of the partial assignment to the debtor, defendant, who refused to recognize it, and who on the 15th of November paid the total sum due to White. Plaintiff sues in equity for. the $25.00 assigned to him, alleging the above facts. Held, that the defendant was in equity bound by the notice of the partial assignment and must …

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Corporations - Situs Of Stock For Purpose Of Transfer Jun 1932

Corporations - Situs Of Stock For Purpose Of Transfer

Michigan Law Review

O, of New York, owned certificates of stock in a Delaware corporation, which were indorsed in blank. E stole the certificates and sold them to P, who purchased in good faith and sent them in for transfer on the books of the corporation. On refusal of the corporation to make the transfer, P sued in Delaware for conversion, claiming that the title was transferred under the law of New York where he purchased. Held, under sec. 72 of the Delaware General Corporation Law (Rev. Code 1915, sec. 1986) "the situs of stock in a Delaware Corporation, in a suit …

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Federal Jurisdiction - Diversity Of Citizenship - Suit Under Death Act Jun 1932

Federal Jurisdiction - Diversity Of Citizenship - Suit Under Death Act

Michigan Law Review

The decedent, a citizen of Oklahoma, died as the result of injuries alleged to have been negligently inflicted by the respondents, citizens of Louisiana. An Oklahoma statute, creating a cause of action for death by wrongful act, requires that the administrator maintain the suit, the proceeds of which are to be divided between the widow and children and are not to be assets of the estate. Okla. Comp. Stat., 1921, secs. 822-825. The petitioner, a citizen of Louisiana, was duly appointed administrator for the obvious purpose of preventing removal of the cause to the federal court on the ground of …

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Pleading - Joinder Of Parties - Successive Converters Jun 1932

Pleading - Joinder Of Parties - Successive Converters

Michigan Law Review

A chattel mortgagee brought an action for conversion against successive purchasers of mortgaged property, wrongfully sold by the mortgagor. Held, the joinder was improper. Each defendant was guilty of a separate conversion giving rise to a separate cause of action. They cannot be joined as each cause does not affect both defendants. Warren, J., dissented, Northern Finance Corp. v. Midwest Commercial Credit Co. et al. (S. D. 1931) 239 N. W. 242.

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Railroads-Right To Drill For Oil Or Gas On Right Of Way Jun 1932

Railroads-Right To Drill For Oil Or Gas On Right Of Way

Michigan Law Review

A railroad had acquired a one-hundred-foot strip of land through a farm, the deed describing the land granted by metes and bounds, and "for railroad purposes only." For fifty years the defendant has continuously used the strip for railroad purposes. The plaintiff, who became owner of the farm and successor to whatever rights in the strip remained to his grantor, sought to enjoin the defendant from drilling for oil and gas in the strip. Held, that the railroad had purchased a fee simple absolute in the strip and was therefore entitled to develop its own minerals. Quinn v. Pere …

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Mortgages -Assignment In Good Faith After Maturity Cuts Off Prior Latent Equities Jun 1932

Mortgages -Assignment In Good Faith After Maturity Cuts Off Prior Latent Equities

Michigan Law Review

M executed a negotiable note payable to the order of P, secured by a mortgage. After maturity, P assigned the note and mortgage without his indorsement to X for value. Y procured an assignment of these from X by fraud and in turn assigned them to Z, a purchaser without notice and for value. In Z's suit to foreclose the mortgage, X intervened, demanding the delivery of the same to himself. Held, Z's bona fide purchase cut off X's latent equity. Frank v. Brown, 255 Mich. 415, 238 N. W. 237 (1931).

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Receivers - Liability For Corporate Franchise Taxes Accruing After Appointment Jun 1932

Receivers - Liability For Corporate Franchise Taxes Accruing After Appointment

Michigan Law Review

In a comment appearing in the May issue of the Review (30 MICH. L. REV. 1094), this writer considered the existing conflict of decisions on the question of a receiver's liability for corporate franchise taxes accruing during the period of receivership. The opposing views, as represented by In Re Detroit Properties Co., 254 Mich. 523, 236 N. W. 850 (1931), and Michigan Trust Co. v. Michigan (C. C. A. 6th, 1931) 52 F.(2d) 842, were compared and evaluated. Both decisions were based on the same Michigan statute (2 Comp. Laws 1929, sec. 10140). It was pointed out that the …

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Suretyship - Release Of Surety Jun 1932

Suretyship - Release Of Surety

Michigan Law Review

Defendant was the surety on a fidelity bond of the treasurer of plaintiff corporation. The principal wrongfully deposited money in X Bank. This bank was about to be closed by the state, but Y Bank proposed to take over the assets and liabilities of X Bank if plaintiff would leave on deposit with them $200,000 for four years without interest. Plaintiff notified two of defendant's officers, but they lacked authority to act, and, prompt action being necessary, the arrangement was concluded without defendant's concurrence. At the end of the four years plaintiff sued defendant for the interest lost by reason …

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Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute Jun 1932

Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute

Michigan Law Review

Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …

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Criminal Law In Russia, Pendelton Howard Jun 1932

Criminal Law In Russia, Pendelton Howard

Michigan Law Review

A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.

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The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler Jun 1932

The Nature Of Proof, Thomas E. Atkinson, Raymond H. Wheeler

Michigan Law Review

A Review of THE PRINCIPLES OF JUDICIAL PROOF. By John Henry Wigmore.

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Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss Jun 1932

Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss

Michigan Law Review

The Judicial Code provides, in section 265, that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State," except where authorized by the Bankruptcy Act. This provision, minus the bankruptcy exception, first appeared in an act of 1793, amending the Judiciary Act of 1789. We know next to nothing of the parliamentary history of this statute. We do, however, know that the basic political issue in the framing of the Constitution was that of states' rights, the question how far the new government should be a …

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Banks And Banking - Preferred Claims Of Savings Depositors - Set-Offs Jun 1932

Banks And Banking - Preferred Claims Of Savings Depositors - Set-Offs

Michigan Law Review

Members of the Michigan bar who have had to deal with perplexing receivership problems, growing out of the many recent bank failures, should welcome the case of Reichert v. Farmers & Workingmens Savings Bank, 257 Mich. 500, decided April 4, 1932. It involves twelve important questions in banking law, certified from the Jackson circuit court. The answers of the supreme court to these questions should serve to settle the law for the benefit of receivers and their counsel for years to come.

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Constitutional Law - Redistricting For Congressional Elections - Lawmaking Power Of The State Jun 1932

Constitutional Law - Redistricting For Congressional Elections - Lawmaking Power Of The State

Michigan Law Review

By the latest reapportionment of the House of Representatives (tit. 2, U. S. C. A., art. 2a), passed in 1929, Minnesota received one less representative than it had had by the previous apportionment (Act of 1911, tit. 2, U. S. C. A., sec. 2). The state legislature of Minnesota passed an act dividing the state into congressional districts in accordance with this apportionment, and the governor vetoed the bill. Thereupon the state house of representatives, by resolution, directed the secretary of state to enroll the bill as a law on the ground that the veto of the governor was a …

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Liability Without Fault And Proximate Cause, Fowler V. Harper May 1932

Liability Without Fault And Proximate Cause, Fowler V. Harper

Michigan Law Review

As a logical matter there seem to be two possible schemes of legal liability. The first one may be stated as follows: One may be liable for all consequences of all of his acts. While it has been suggested that this was the principle of the mediaeval law, it has been pointed out by Professor Winfield that such was never literally the case. Under this principle, as he has shown, everyone would be in jail except for these reasons: no one could legally put anyone else in jail, no one could legally keep anyone else in jail, and no one …

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The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant May 1932

The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant

Michigan Law Review

When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.

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When Is A Corporation Insolvent?, Floyd Mathew Rett May 1932

When Is A Corporation Insolvent?, Floyd Mathew Rett

Michigan Law Review

There is general unanimity that as to real persons "insolvency" means the inability of a debtor to pay his obligations as .they fall due in the usual course of business - even though the value of his assets exceeds the aggregate of his liabilities. But the question - when is a corporation insolvent - the question to which this paper is devoted, is one with very varied answers. The answers may vary both with the nature of the corporation concerned and with the type of transaction involved. There are, however, two conventional definitions of corporate "insolvency," with occasional variations and …

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Corporations - Obligation To Refund Dividends Paid Out Of Capital May 1932

Corporations - Obligation To Refund Dividends Paid Out Of Capital

Michigan Law Review

The general rule is fairly well established that, where dividends are paid, in whole or in part, out of the capital stock, corporate creditors, being such when the dividend was declared, or becoming such at any subsequent time, may, to the extent of their claims, if such claims are not otherwise paid, compel the stockholders to whom the dividend has been paid to refund whatever portion of the dividend was taken out of the capital stock. This, however, has been modified in the federal courts to the extent that where the dividend, although paid entirely out of capital, was received …

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