Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Michigan Law Review

Discipline
Keyword
Publication Year
File Type

Articles 9511 - 9540 of 11192

Full-Text Articles in Law

Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner Jun 1931

Negligence-Proximate Cause-Duty Of Parking Lot Owner To Car Owner

Michigan Law Review

Plaintiff parked his car in defendant's parking lot, which was open to the public although no attendant appears to have been on duty. There was an unguarded excavation about forty feet to the rear of the space chosen by the plaintiff. In preparing to leave the lot, plaintiff cranked his car which, apparently, had been left in reverse. The car backed into the excavation, despite plaintiff's efforts to get it under control, and plaintiff sued the lot owner for injuries resulting. Held, that the defendant parking lot owner was not liable. Fielding v. S. Z. Poli Realty Co. (Mass. …

Go to article

Torts-Defective Trees-Duty Of Abutter Jun 1931

Torts-Defective Trees-Duty Of Abutter

Michigan Law Review

While the plaintiff was travelling along the public highway, he was injured by the falling of a decayed tree which stood within twenty feet of the highway upon the adjoining land of the defendant. On sustaining a demurrer to the declaration, the court held that there was no duty upon the rural abutter to inspect the tree. Chambers v. Whelen, et al. (C. C. A. 4th, 1930) 44 F.(2d) 340.

Go to article

Workmen's Compensation Acts-Gratuitous Help As Casual Employment Jun 1931

Workmen's Compensation Acts-Gratuitous Help As Casual Employment

Michigan Law Review

The plaintiff, a farmer living by the side of a public highway, went to the assistance of the defendant's truck driver whose truck was mired on the highway. The driver had been instructed to get help. While pulling out the truck with a tractor the plaintiff was injured. Held, the plaintiff was an employee of the defendant, and as such his remedies under the Workmen's Compensation Act were exclusive. Johnson v. Wisconsin Lumber and Supply Co. (Wis. 1931) 234 N.W. 5o6.

Go to article

Trusts-Right Of Trustee To Purchase Trust Property May 1931

Trusts-Right Of Trustee To Purchase Trust Property

Michigan Law Review

The trustees under a will filed a petition in the district court asking for an order of court authorizing them to sell and convey to two of the trustees a portion of the real estate held by them in trust, and for authority to sell and convey the remainder of the real estate to the husband of one of the trustees. Three of the beneficiaries were not sui juris, and the remaining beneficiaries refused to give their consent. Held, that a trustee can not purchase trust property from himself when the beneficiary is not sui juris or when …

Go to article

Corporations-Liquidation-Jurisdiction Of Court May 1931

Corporations-Liquidation-Jurisdiction Of Court

Michigan Law Review

A recent New Jersey case, Naspo v. Summits Sweet Shoppe, Inc., suggests interesting questions of the jurisdiction of equity over insolvent corporations. In that case, a bill was brought under section 69 of the New Jersey code, by a simple contract creditor with a small claim of $75 praying for the appointment of a receiver and the distribution of the assets. After the court had heard the parties on a motion for the appointment of a receiver, new counsel for the defendant corporation came in at a later hearing, offered to pay plaintiff's claim and asked for a dismissal …

Go to article

Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs May 1931

Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs

Michigan Law Review

Complainants instituted this suit to set aside an order of the Interstate Commerce Commission prohibiting the transportation of private passenger train cars, including so-called office cars of other carriers, free or at other than published tariff rates. Held, the transportation of a private or office car of another carrier is subject to the filed tariffs which "apply to all traffic transportation and facilities" defined in the Interstate Commerce Act. L. & N. R. Co. and others v. United States, U. S. Sup. Ct. 1931, Adv. Op. No. 333, 51 Sup. Ct. 39.

Go to article

Husband And Wife-Right Of Wife To Sue Husband For Tort May 1931

Husband And Wife-Right Of Wife To Sue Husband For Tort

Michigan Law Review

Plaintiff, an automobile guest resident in Wisconsin, brought action against the driver for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action but before trial the parties intermarried. Held, that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife, that the law governing the creation and extent of defendant's liability was the law of Illinois, and the cause of action therefore abated. Buckeye v. Buckeye (Wis. 1931) 234 N.W. 342.

Go to article

Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity May 1931

Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity

Michigan Law Review

Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …

Go to article

Trusts-Stock Dividends-Apportionment Between Life Estate And Corpus May 1931

Trusts-Stock Dividends-Apportionment Between Life Estate And Corpus

Michigan Law Review

The will of the testator gave his widow a life estate in all his property. The estate contained, inter alia, shares of the capital stock of a corporation. After several years the corporation was dissolved, and a "dissolution dividend" was declared which distributed to each stockholder a pro rata share of the proceeds of the sale of all the assets of the corporation. The question in the case was whether any, and if so, how much, of this dividend was to go to the life tenant. It was shown that the earnings of the corporation had been paid out regularly …

Go to article

Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper May 1931

Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper

Michigan Law Review

A Book Review of THE REVIVAL OF NATURAL LAW CONCEPTS By Charles Grove Haines.

Go to article

State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell May 1931

State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell

Michigan Law Review

This is a review of Supreme Court decisions for the past eight years on the subject of the application of the Fourteenth Amendment to state regulation of property and business "devoted to a public use'' or "affected with a public interest,'' if one may be allowed to endorse without recourse these amorphous phrases issued by the court. The field covered is broader than that of strict public utilities which may be subjected to the duty to serve all. It includes all efforts on the part of the states to subject particular enterprises to price regulation. Rates of interest and charges …

Go to article

Administrative Finality, A. Martin Tollefson May 1931

Administrative Finality, A. Martin Tollefson

Michigan Law Review

The purpose of this article is two-fold. In the first place it is intended to set forth certain determining factors (a) as to whether or not administrative decisions are subject to review in cases where their finality is challenged before the courts and (b) if subject to review, to what extent. The second purpose is to call attention to the need for improvement in this country along the lines of executive or administrative justice from the standpoint of better agencies and better- facilities for disposing of litigated questions within the administrative tribunals. It should be said at the outset, however, …

Go to article

Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes May 1931

Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes

Michigan Law Review

Theoretically there is an accepted distinction between jurisdiction to exact an inheritance tax and a property tax. Is this distinction of practical significance? Does it influence a court in the concrete decision of a case?

Go to article

International Law--State Immunity--Waiver--Execution May 1931

International Law--State Immunity--Waiver--Execution

Michigan Law Review

Some interesting illustrations in the field of state immunity have been afforded by the litigation arising out of a contract made by the Swedish State Railways Administration (Kunglig Jamvagsstyrelsen) to buy coal from the American firm of Dexter and Carpenter, shortly after the War. Although the contract was on "c.i.f." terms, the National City Bank, in which funds for the payment for the coal had been deposited, paid for part of this coal- upon presentation of insurance certificates instead of policies. As a consequence, when one shipment of the coal was lost at sea, the Railways were unable to recover …

Go to article

Limits Of Trade Association Activity Under The Antitrust Act May 1931

Limits Of Trade Association Activity Under The Antitrust Act

Michigan Law Review

Two recent decisions of the United States Supreme Court serve to focus attention on the legal limits of concerted action under the Sherman Anti-Trust Act by members of trade associations.

Go to article

Appeal And Error-Negligence Or Incompetence Of Counsel May 1931

Appeal And Error-Negligence Or Incompetence Of Counsel

Michigan Law Review

Defendant appealed from conviction of murder because of the incompetence and negligence of his attorney in the conduct of the trial. Held, the fact that the defendant was not properly represented by the counsel of his own choice was no ground for the court to go beyond the record and grant a new trial. People v. Hartwell (Ill. 1930) 173 N.E. 112.

Go to article

Bills And Notes-Acceleration Provisions In Negotiable Paper May 1931

Bills And Notes-Acceleration Provisions In Negotiable Paper

Michigan Law Review

The defendant, acceptor, claimed that the trade acceptance sued upon was non-negotiable. This trade acceptance was payable at a specified date, but provided for accelerated maturity in case the acceptor should suspend payment, give a chattel mortgage, suffer fire loss, dispose of his business, or fail to meet at maturity any prior trade acceptance. The defendant claimed that in order to preserve negotiability the contingencies specified in the acceleration clause must be such that their happening will be brought about by some act or omission on the part of the acceptor, and that they must relate to some …

Go to article

Appeal And Error- Crimes - Evidence Not Objected To At Trial May 1931

Appeal And Error- Crimes - Evidence Not Objected To At Trial

Michigan Law Review

The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order …

Go to article

Carriers-Freight Payable In Cash May 1931

Carriers-Freight Payable In Cash

Michigan Law Review

The railroad company sought to recover freight charges on coal shipped to defendant. On delivery, the carrier had accepted defendant's check on a local bank for the amount of the charges, as usual. Before presentment the bank failed and defendant contended it was relieved from liability because of the carrier's unjustifiable delay in presenting the check. The Supreme Court held that a payment by check on demand drawn on a going bank in which the drawer has an ample deposit comes within the requirement of the Interstate Commerce Act that payment must be made in money, so defendant was entitled …

Go to article

Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement May 1931

Conflict Of Laws-Bills And Notes-Law Governing Vailidity Of Transfer Of Check By Indorsement

Michigan Law Review

The president of a New York corporation indorsed in blank in the corporate name a check payable to the corporation. He then indorsed the check personally and mailed it to the Banque De Bruxelles, a foreign corporation located in Belgium. The bank in Belgium received it for collection and forwarded it for collection to its correspondent in Washington, D. C. The proceeds were received by the bank in Belgium and credited to the personal account of the president of the New York corporation as directed by him. Later, he withdrew the amount from the bank for his own use. Assignees …

Go to article

Conflict Of Laws-Corporations-Effect Of Soviet Dissolution On Status Of Russian Corporations Abroad May 1931

Conflict Of Laws-Corporations-Effect Of Soviet Dissolution On Status Of Russian Corporations Abroad

Michigan Law Review

A Russian insurance company, driven from its domicil by the revolution and subsequent nationalization decrees of the Soviet government, was attempting to gather assets located without Russia through the surviving directors, who constituted less than a quorum of the last board. For the purpose of suit in New York the directors authorized an assignment to the plaintiff, an American corporation, of a claim against the defendant, a British corporation, arising out of a contract made in England. In the subsequent suit it was held that the directors' authority was limited to that of conservators, and did not include the power …

Go to article

Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax May 1931

Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax

Michigan Law Review

The respondent had been convicted and punished in a criminal prosecution for dealing in intoxicating liquors. In a civil action for the collection of taxes imposed as a penalty for non-payment of taxes due because of those particular sales, held, the prior conviction of the defendant constituted a bar to this civil suit for a penalty as double jeopardy even under sec. 5 of the Willis Campbell Act. United States v. LaFranca, U. S. Sup. Ct. Feb. 24, 1931; Adv. Op. No. 74.

Go to article

Courts-Venue-Waiver Of Objection In Federal Courts May 1931

Courts-Venue-Waiver Of Objection In Federal Courts

Michigan Law Review

The plaintiff, an employee of the defendant railroad, brought an action based on the Federal Employers' Liability Act, 45 U. S. C. A. secs. 51-59, for injuries sustained from a defective locomotive boiler. Neither the plaintiff nor the defendant was an inhabitant of the federal. district in which the action was brought. The court below directed a verdict for the defendant, as the plaintiff's proof did not tend to show negligence as required by the act, 45 U. S. C. A. sec. 51. On appeal, it was held that as the plaintiff's petition went far towards establishing a good cause …

Go to article

Crimes--Burden Of Proving Alibi And Self-Defense May 1931

Crimes--Burden Of Proving Alibi And Self-Defense

Michigan Law Review

The defendant, indicted for murder, requested a charge that, if the evidence as to self-defense raised in the minds of the jurors a reasonable doubt of the guilt of the defendant, they should acquit him. Held, the trial court properly refused to· give the instruction. The burden was on the defendant to establish the defense by a preponderance of the evidence. Commonwealth v. Troup (Pa. 1931) 153 Atl. 337.

Go to article

Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court May 1931

Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court

Michigan Law Review

The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …

Go to article

Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair May 1931

Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair

Michigan Law Review

Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …

Go to article

Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance May 1931

Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance

Michigan Law Review

X rented a house and lot from the defendant with the understanding that possession and the lease would begin February 8, defendant meanwhile to repair a frozen water pipe on the premises. X moved in on the sixth while an employee of the defendant was making the repairs. Although aware of the premature occupancy, the defendant made no signs of objection or approval. The employee of the defendant negligently left an unguarded opening in the flooring, through which the plaintiff, a member of X's household, fell and injured himself. Held, that the defendant was liable. X enjoyed the rights …

Go to article

Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant May 1931

Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant

Michigan Law Review

L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in …

Go to article

Perpetuities-Exercise Of General Testamentary Power Of Appointment Creating Perpetuity-Effect On Prior Gift Of Failure Of Gift Over May 1931

Perpetuities-Exercise Of General Testamentary Power Of Appointment Creating Perpetuity-Effect On Prior Gift Of Failure Of Gift Over

Michigan Law Review

A, by a will which created a trust of realty and personalty, gave B a life interest with a general power to appoint by will. B exercised this power in her will, appointing to her children for life with other remainders to B's grandchildren. Held, remainder to the grandchildren is void for remoteness, since the period allowed by the rule against perpetuities is calculated as though B's appointment were incorporated in A's will. Interests of B's children are uneffected by the failure of the gift to the grandchildren. Equitable Trust Co. v. Snader (Del. Ch. 1930) 151 Atl. 712.

Go to article

Process-Service By Publication In Creditors' Suits May 1931

Process-Service By Publication In Creditors' Suits

Michigan Law Review

The plaintiff, a citizen of Missouri, recovered a judgment against the defendant, a citizen of New York, in the federal district court, S. D., New York. Execution was issued and returned unsatisfied, and a creditors' bill was brought to subject the surplus of a trust fund in New York, of which the defendant was the cestui, to the satisfaction of the judgment. In the meantime the defendant bad moved to New Jersey, and service of process was had upon her by publication. On a motion to vacate the order allowing service by publication, the court held that the order allowing …

Go to article

First Prev Next Last