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Articles 9451 - 9480 of 11192
Full-Text Articles in Law
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
Michigan Law Review
The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Michigan Law Review
In two recent cases, the Supreme Court has held that citizenship must be denied an applicant who is unwilling to promise unreservedly to bear arms in defense of the United States. One applicant, Douglas Clyde Macintosh, a Professor of Divinity in Yale University, who served for four years in France during the World War, stated that due to religious convictions he was unable to promise beforehand to fight unless, in his own opinion, the war was morally justifiable and in the best interests of humanity. The other, Marie Averil Bland, a minister's daughter who served as a nurse in the …
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Michigan Law Review
The recent case of Ralston v. Ralston presents the question: What kind of conduct on the part of the husband will be construed as a tort to the wife's separate property so as to entitle her to sue her husband? In that case the parties were living apart under a deed of separation, executed in 1899. The alleged defamatory words, the action being libel, were contained in an inscription (referring to another woman) on a tombstone, erected by the defendant husband, which read: "In loving memory of Jennie, the dearly beloved wife of W. R. C. Ralston . . . …
Taxation-Retroactive Application Of Federal Estate Tax Laws
Taxation-Retroactive Application Of Federal Estate Tax Laws
Michigan Law Review
Since the passage of the first federal estate tax laws in 1916, many difficult problems have presented themselves to the United States Supreme Court and the inferior federal courts with respect to their application. Possibly nothing in this field has caused more trouble than the decision as to whether and to what extent Congress has the power to tax retroactively gifts made in contemplation of death and transfers intended to take effect in possession or enjoyment at or after the death of the donor; and further, assuming it has such power, exactly what constitutes a gift or transfer within the …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Contracts - Illegality - Contract To Relinquish Custody Of Child
Contracts - Illegality - Contract To Relinquish Custody Of Child
Michigan Law Review
The plaintiff declared on a contract between her father, Thomas Smith, and J. F. and A. T. Mulkey, in which the parent contracted to relinquish all control over the plaintiff, a minor, in consideration for which J. F. and A. T. Mulkey agreed to adopt the child and leave their property to her upon the death of the survivor. The contract was fully performed by the child's parent, but J. F. and A. T. Mulkey failed to adopt the child, and made no provision for her in the distribution of their property. In a suit by the plaintiff at the …
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Michigan Law Review
Plaintiff's decedent, a minor illegally employed, was killed while in the course of employment. As administrator, plaintiff sought to repudiate the award under the Compensation Act. He proceeded with an action at law and obtained a judgment of $20,000. On writ of error, held, judgment reversed without a new trial; the minor, not having elected otherwise, was bound by the terms of the Workmen's Compensation Act. Thomas v. Morton Salt Co., 253 Mich. 613, 235 N.W. 846 (1931).
Crimes - Right To Bail Of Prisoner Held For Extradition
Crimes - Right To Bail Of Prisoner Held For Extradition
Michigan Law Review
The prisoner, who was wanted on an indictment in Iowa, had been apprehended in Minnesota under a rendition warrant issued by the governor of that state upon the requisition of the governor of Iowa. Habeas corpus proceedings were brought in the lower court to test the validity of the warrant, but the prisoner was remanded to the custody of the sheriff. He appealed this decision, and made application to fix bail pending the appeal. Held, it is doubtful if the court has the power to admit to bail after the governor's warrant has been issued, and even if the …
Taxatl0n - Liability Of Profit Made On Sale Of State Bonds To Federal Income Tax
Taxatl0n - Liability Of Profit Made On Sale Of State Bonds To Federal Income Tax
Michigan Law Review
Plaintiff, a resident of England, and defendant, a resident of New York, entered into a contract for the sale and delivery of zinc. By a clause in the contract the parties agreed that all differences arising thereunder should be arbitrated at London pursuant to the arbitration law of Great Britain. Differences arose, and the plaintiff requested the defendant in New York to concur in the selection of an arbitrator, serving notice that, in the event of failure so to do, application would be made for appointment of one as provided by statute. This notice was ignored, and a form of …
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Michigan Law Review
The plaintiff rented an unfurnished apartment to the defendant without any covenants regarding habitable condition or repairs. After six months defendant moved out. Plaintiff sued for rent, and the defense was that the house was infested with vermin, bugs, and disease germs. Held, concealment of the presence of disease germs amounted to fraud, but by delay, with knowledge of the facts, defendant lost her right to rescind. A defense based upon constructive eviction was also rejected. Leech v. Husbands (Del. 1930) 152 Atl. 729.
Wills - Executor's Right To Deduct From A Legacy A Debt Due The Estate But Barred By The Statute Of Limitations
Michigan Law Review
The decedent left his estate, by will, equally to several persons, one of whom had owed to the testator a debt which was now barred by the statute of limitations so that the executor could not collect it by suit. The executor claimed a right to collect this debt by deducting it from the share of the personal property of the estate given the debtor. The court held that the debt, though barred by the statute of limitations, was still in fairness and good conscience due to the estate and that the executor might deduct it from the share given …
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Michigan Law Review
An attempt will be made in this comment to state the important points in the Report, and to bring together the scattered references to the various groups of information contained in the third collection now being printed by the Senate and to outline very briefly in an appendix the principal relationships between this and the Commission's report. This last is offered in the hope that it may stimulate interest in a closer analysis of this mass of very useful information which might otherwise suffer neglect, not only because of its bulk, but also because of its lack of organization.
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.
Report On The Causes Of Crime, Kenneth Sears
Report On The Causes Of Crime, Kenneth Sears
Michigan Law Review
The Report of the Commission, together with a number of special reports of individuals and groups concerning various features of the problem of the causes of crime, is in two large volumes of about four hundred pages each.
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
Michigan Law Review
The acquaintance of German lawyers with American trade-mark law and protection against unfair trading was based until now on the individual studies of persons especially interested in this subject. German textbooks and commentaries on industrial property rights treat international and foreign rules too, but they scarcely give a sufficient notion of how to create a valid trade-mark and protect the trader in his full enjoyment thereof in the U. S. A. Yet the necessity of having such knowledge is a rather broad one in Germany as in all other European countries selling trade-marked articles to their customers on the other …
Procedure - Service Of Process - Jurisdiction Conferred By Consent
Procedure - Service Of Process - Jurisdiction Conferred By Consent
Michigan Law Review
Plaintiff, a resident of England, and defendant, a resident of New York, entered into a contract for the sale and delivery of zinc. By a clause in the contract the parties agreed that all differences arising thereunder should be arbitrated at London pursuant to the arbitration law of Great Britain. Differences arose, and the plaintiff requested the defendant in New York to concur in the selection of an arbitrator, serving notice that, in the event of failure so to do, application would be made for appointment of one as provided by statute. This notice was ignored, and a form of …
Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule
Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule
Michigan Law Review
The petitioner sold a truck under an unrecorded contract which provided that title was to remain in him until the buyer made full payment, and that in event of default the whole sum was to become due immediately with the right of reclamation. The buyer subsequently went into bankruptcy and the seller petitioned for reclamation of the truck from the trustee. Held, that since the contract under the Michigan rule constituted a chattel mortgage so that failure to record it made it ineffective against creditors, the petition should be denied. In re Central States Freight Corporation (E. D. Mich. …
Conflict Of Laws-Damages-Obligation Payable In Russian Rubles
Conflict Of Laws-Damages-Obligation Payable In Russian Rubles
Michigan Law Review
In an action in New York to establish a claim against a Russian insurance company on a policy payable in rubles in Russia, the following history of Russian money appeared. Before the revolution, the gold ruble of the Empire had been supplanted by a paper currency of depreciated value. The Soviets, at the beginning of their regime, instituted a paper currency which had also greatly decreased in value. At the time the policy became due, this latter currency was still circulating, and in addition, a gold coinage with notes redeemable in gold had been established. From time to time the …
Constitutional Law-Bank Guaranty Funds
Constitutional Law-Bank Guaranty Funds
Michigan Law Review
The plaintiff state bank sued to enjoin collection of special assessments under a state bank guaranty law providing for assessments on every bank to establish a fund to protect depositors in failed banks, on the ground that the statute authorizing the assessments had become void as being confiscatory. At the time suit was instituted, the assessments totaled six-tenths of one per cent of average daily deposits, but after an appeal was taken from the decision of the state court, dismissing the injunction granted by the district court, a new act reduced the assessments to two-tenths of one per cent, limited …
Corporations-Dividends On Non-Cumulative Preferred Stock
Corporations-Dividends On Non-Cumulative Preferred Stock
Michigan Law Review
Plaintiff held non-cumulative preferred stock in the defendant corporation. From 1925 through 1928 no dividends were declared upon this stock; although earnings were sufficient they were used instead for property improvements. Since 1928, dividends have been paid regularly on this stock at the specified rate. In 1930 a dividend was declared on the common stock. Plaintiff sued to have this amount paid instead as a dividend on the preferred stock, and to enjoin any payment of dividends on the common stock until full dividends were paid on the non-cumulative preferred stock for the period from 1925 to 1928. Held, …
Bills And Notes-Negotiability Of Corporate Debentures
Bills And Notes-Negotiability Of Corporate Debentures
Michigan Law Review
Many corporate bonds and debentures contain some such reference provision as the following: "* * * all [bonds, debentures] issued under a certain Trust Agreement, dated as of June 15, 1926, executed by the Company to the National City Bank of New York, as Trustee, to which Trust Agreement reference is hereby made for a statement of the terms under which the said Debentures are issued and the rights and obligations of the Company, of the Trustee and of the respective holders of the said Debentures under said Trust Agreement. * * *." To this clause some of these securities …
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
Michigan Law Review
While enterprises that are "affected with a public interest" or "devoted to a public use" or that come within the class of strict public utilities may be compelled to do a number of things that strictly private enterprise may avoid, the power over utilities is not unlimited. Requirements deemed onerous may be contested as denials of due process of law. The constitutional issue thus raised under the Fourteenth Amendment entitles protestants to start injunction proceedings in federal courts and to seek appeals to the United States Supreme Court from unfavorable decisions of state courts. Often the complaint is not of …
Wills-Restoration Or Revival Of A Will Upon The Revocation Of A Subsequent Instrument Revoking The Prior Will
Michigan Law Review
A recent Pennsylvania case, In re Ford's Estate, is an interesting example of a situation which has left the courts in decided conflict. The decedent had properly executed two wills. On his death bed he caused the later will, which contained the usual clause expressly revoking all prior instruments, to be torn. At the time he stated that he wished his son, his only heir at law and next kin, to have all his property. The evidence indicated that the decedent had entirely forgotten the existence of the prior will. The court, relying upon the expression of the decedent's …
The Liability For Taxes And Assessments Between Vendor And Purchaser
The Liability For Taxes And Assessments Between Vendor And Purchaser
Michigan Law Review
This note is concerned with the rights and duties, inter se, of vendor and purchaser with respect to the burden of taxation. The problem presents itself in the simplest form when it arises in a suit for specific performance, the question being whether the contract obligated vendor to remove the lien of certain taxes (or allow the purchaser a credit against the purchase price), or, on the other hand, obligated purchaser to pay the whole price for the encumbered land (or pay vendor, in addition to purchase price, the amount of tax previously paid by the latter). The question …
The Business Trust As A Means Of Securing Limited Liability
The Business Trust As A Means Of Securing Limited Liability
Michigan Law Review
Small investors are unwilling to risk their entire personal fortunes in one business venture, and for this reason refuse to participate in an enterprise unless they are assured that they will be free from individual liability for the obligations of the business. Such freedom from liability may be obtained by incorporation. That is the method especially provided by law and the one which most businesses adopt, but it has its disadvantages. The organization of a corporation involves heavy expenses in the form of lawyers' fees, filing fees and organization taxes. Once formed the corporation is subject to many. special taxes, …
Creditors' Rights In Equity
Michigan Law Review
There is a great deal of confusion in the decided cases as to the jurisdiction of equity to protect creditors. Historically we must separate the jurisdiction of equity over decedents' estates. According to Langdell, a creditor's bill is a bill filed by a creditor of a deceased debtor, against the personal or real representative, or against the personal and real representatives, of the latter to compel the payment of a debt. When an execution upon a judgment has been returned unsatisfied, and the judgment creditor files a bill in equity to obtain satisfaction of the judgment out of assets belonging …
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Michigan Law Review
The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …
Carriers-Long And Short Haul Clause-Interpretation
Carriers-Long And Short Haul Clause-Interpretation
Michigan Law Review
The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that …
Conflict Of Laws-Recognition Of Foreign Alimony Decree
Conflict Of Laws-Recognition Of Foreign Alimony Decree
Michigan Law Review
In 1928, a New York court ordered D, who was suing for annulment of his marriage, to pay alimony pendente lite and attorney's fees to W. This judgment had remained unsatisfied. W, in 1931, brought a bill in equity in Massachusetts asking that D, now a resident of Massachusetts, be ordered to pay the amount due on the judgment. Held, although the local statute (Gen. L., c. 209, sec. 6) did not permit suits at law between husband and wife, that mere circumstance was not sufficient grounds for granting equitable relief on the ground of the inadequacy of the …
Constitutional Law-Just Compensation Under The Fifth Amendment- Rights Of Russian Citizen
Constitutional Law-Just Compensation Under The Fifth Amendment- Rights Of Russian Citizen
Michigan Law Review
The petitioner was a corporation organized under the laws of the Russian Czarist government, and in January, 1917, became an assignee for value of contracts for the construction of two vessels. In August, 1917, the United States requisitioned these contracts, and the vessels being constructed thereunder, for use in the War. The requisition was made under an act of Congress of June 15, 1917, 40 Stat. 183, which provided for compensation as follows: "Whenever the United States shall * * * requisition any contract * * * or take over any ship, * * * in accordance with the provisions …