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Full-Text Articles in Law

Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig Dec 1941

Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig

Michigan Law Review

The National Conference of Commissioners on Uniform Laws approved in 1936 the Uniform Judicial Notice of Foreign Law Act, which has since been adopted by fourteen states. This act was drafted to make uniform a legislative movement of the past twelve years proposing to change two rules of the common law. One is the rule that a state court will not notice the law of sister states in the United States; and the other is the rule that the determination of such law shall be made by the jury and not by the judge. Accordingly, the Uniform Act provides (1) …


Admiralty - Uniformity Rule, William C. Whitehead Dec 1941

Admiralty - Uniformity Rule, William C. Whitehead

Michigan Law Review

From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application …


Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis Dec 1941

Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis

Michigan Law Review

Defendant was indicted for alleged violation of the Pennsylvania Fair Sales Act, which prohibits the "advertisement, offer for sale, or sale of any merchandise at less than cost by retailers or wholesalers," and makes violation of the act a misdemeanor. His motion to quash the indictment was sustained by the court of the quarter sessions and affirmed by the superior court, and the state appealed to the Pennsylvania Supreme Court. Held, affirming, that the statute violates the due process clause of the Fourteenth Amendment since it is not within the power of the state to prohibit sales below cost …


The Supreme Court, The Commerce Clause, And State Legislation, Vincent M. Barnett, Jr. Nov 1941

The Supreme Court, The Commerce Clause, And State Legislation, Vincent M. Barnett, Jr.

Michigan Law Review

Recent decisions have revealed a growing rift in the Supreme Court on the question of the effect of the commerce clause on state legislation. This question, a perennial one in our constitutional history, concerns state legislation affecting in some way or other the carrying on of interstate business, and the validity of that legislation in view of the clause giving Congress the authority to regulate interstate commerce. The permissible scope of state activity in the absence of Congressional action has been the troublesome problem. If Congress acts, the issue is a relatively simple one. When the state action conflicts with …


Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston Nov 1941

Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston

Michigan Law Review

In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …


Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston Nov 1941

Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston

Michigan Law Review

Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against …


Federal Courts - Conflict Between The Federal Declaratory Judgments Act And The Johnson Act, Spencer E. Irons Nov 1941

Federal Courts - Conflict Between The Federal Declaratory Judgments Act And The Johnson Act, Spencer E. Irons

Michigan Law Review

Plaintiff gas company contracted with defendant city to furnish gas from a certain field at rates fixed by ordinance. Plaintiff reserved the right, when this field became insufficient, to furnish gas from other fields at rates to be adjusted in accordance with the increased cost. In a suit in the federal district court for a declaratory judgment, plaintiff sought a determination that the local field had become insufficient, and that it was necessary to furnish gas from other fields. Plaintiff alleged that defendant city refused to recognize the changed conditions and insisted that plaintiff continue to furnish gas at the …


Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review Nov 1941

Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review

Michigan Law Review

Plaintiff was injured in a collision between the car in which she was riding and a negligently driven fire truck owned by the defendant municipality. Plaintiff's declaration alleged that the fire trucks had been habitually driven in a grossly negligent manner, but the evidence offered at the trial did not substantiate this allegation. The trial court instructed the jury that it could include in the verdict such sum as might be warranted by the evidence as punitive or exemplary damages. The jury awarded $5,000 damages. Held, that plaintiff could recover for torts committed by the fire department, and that …


Municipal Corporations - Bonds Redeemable At Option Of Municipality- Notice To Bondholders Necessary To Stop Running Of Interest, Michigan Law Review Jun 1941

Municipal Corporations - Bonds Redeemable At Option Of Municipality- Notice To Bondholders Necessary To Stop Running Of Interest, Michigan Law Review

Michigan Law Review

Defendant municipality issued bonds redeemable before maturity at defendant's option. There was no provision for registration, and neither the statute nor the bonds provided for notice of redemption. In May,1938, notice was published in newspapers of general circulation that the bonds were to be redeemed on June 1. Plaintiff, owner of the entire issue, did not know of the redemption until September 27. It sued for interest from June 1 to September 27. Held, notice by publication is sufficient to stop the running of interest, and plaintiff is therefore not entitled to recover. Philadelphia Savings Fund Society v. City …


Certiorari - Review Of Governor's Dismissal Proceeding, Kenneth J. Nordstrom May 1941

Certiorari - Review Of Governor's Dismissal Proceeding, Kenneth J. Nordstrom

Michigan Law Review

Proceedings were instituted against the directors of a California prison on charges of misconduct, incompetency, and neglect of duty, which resulted in their removal from office by the governor. A constitutional provision authorized the governor to appoint such directors, who were to hold, office for ten years, and provided that the governor should have the power to remove the directors for misconduct, incompetency, or neglect after an opportunity to be heard upon written charges. Due notice and a complete hearing were accorded to the directors as required. Plaintiff directors seek review of the removal proceedings by writ of certiorari. Held …


Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review May 1941

Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review

Michigan Law Review

The appellant (defendant in the case below) and certain of its members were found guilty of unfair labor practices as defined by the Wisconsin Employment Relations Act. Plaintiff-appellee issued a cease and desist order, which was sustained by the lower court despite defendant's contention that the statute was unconstitutional on the ground that Congress had precluded such state legislation affecting interstate industries by enacting the National Labor Relations Act. Held, plaintiff's order sustained. State legislation not repugnant to the Wagner Act is operative in this field so long as the National Labor Relations Board has not acted in the …


Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel May 1941

Statutes - Unincorporated Association As A "Person" Under The Liquor And Sales Acts, Felicia I. Hmiel

Michigan Law Review

In 1939 the International Workers Order, an unincorporated association, had a picnic and dispensed beer through its secretary to its members without charge. The association had not obtained a license to sell beer. The secretary, defendant herein, was arrested and tried for violation of the Liquor Control Act, which made it a misdemeanor for a person to sell liquor without a license. Held, that an unincorporated association is not a person within the meaning of the statute, and therefore there was no sale. People v. Budzan, 295 Mich. 547, 295 N. W. 259 (1940).


The West Virginia Public Service Commission: Iii The Power Of The State To Prohibit The Export Of Its Natural Resources, C. A. Peairs Jr. Apr 1941

The West Virginia Public Service Commission: Iii The Power Of The State To Prohibit The Export Of Its Natural Resources, C. A. Peairs Jr.

West Virginia Law Review

No abstract provided.


Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson Apr 1941

Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson

Michigan Law Review

A mortgage, containing an after-acquired property clause which described specifically many kinds of property which should pass under it when acquired, was given to bondholders as part of a refunding mortgage. Several mortgages were subsequently executed to the mortgagees covering some of the after-acquired property. After the intervention of bankruptcy a dispute arose between the mortgagees and the trustee over the right to possession of certain property not covered by the later mortgages and in the possession of the bankrupt at the time of the adjudication. Held, under section 47a(2) of the Bankruptcy Act, the trustee takes the property …


Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin Mar 1941

Taxation - Tax Delinquent Lands - The Michigan Land Board Act As A Solution To The Delinquency Problem, Rex B. Martin

Michigan Law Review

Nearly all states have been faced with the increasingly difficult problem of what to do with the growing volume of tax delinquent land which has been thrown upon their hands. As a typical example of the financial aspects of this problem, Michigan in 1928 had over $25,000,000 worth of delinquent taxes on 8,757,000 acres of property. In 1932 this acreage was estimated at 15,660,000. By 1937 the unpaid taxes in some of Michigan's counties exceeded five times the assessed value of the delinquent properties. Much of the property could not be sold for the amount of taxes owed, and the …


Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons Mar 1941

Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons

Michigan Law Review

The Circuit Court of Appeals for the Sixth Circuit held that a federal district court in Ohio was not bound by a decision of the Cuyahoga County Court of Appeals to the effect that in a case of wrongful transfer of shares of stock, a demand and refusal was necessary to start the statute of limitations running. On certiorari, held, that, in ascertaining what the state law is, lower state court decisions are data which are not to be disregarded by a federal court, unless it is convinced by other persuasive data that the highest court of the state …


Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead Mar 1941

Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead

Michigan Law Review

Plaintiff sued for loss of her right of consortium occasioned by the illness and death of her husband as a result of a sale of liquor by defendant in violation of a state statute. Defendant demurred on the ground that there was no cause of action granted by the statute for damages flowing from such an illegal sale. Held, an action for injury to the wife's right of consortium was available at common law. Swanson v. Ball, (S. D. 1940) 290 N. W. 482.


Boundaries By Agreement And Acquiescence, Harold M. Street Feb 1941

Boundaries By Agreement And Acquiescence, Harold M. Street

Michigan Law Review

An accurate summation of the present-day status of the doctrines of boundaries by agreement and acquiescence is contained in the, following statement made by an eminent text writer: "There are, in this country, a great number of decisions bearing upon the effect of an agreement by adjoining owners as to the boundary line between their lands, or of their recognition of a certain line as the boundary without any express agreement in relation thereto. These decisions are frequently most unsatisfactory in their discussion of the principles involved, and, purporting, as they variously do, to be based on principles of agreement, …


Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons Feb 1941

Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons

Michigan Law Review

The Motor Carrier Act of 1935 provides, in section 204 (a) (1) and (2), that the Interstate Commerce Commission, in performing its duty of regulating interstate motor carriers, shall have power to "establish reasonable requirements with respect to . . . safety of operation and equipment." In section 225, the act authorizes the commission "to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles. . . ." These two sections, when read together, indicate that Congress felt that sizes and weight regulations deserved consideration apart from general safety regulations. The former are …


Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller Feb 1941

Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller

Michigan Law Review

Under section 94-b of the New York Vehicle and Traffic Law, as amended in 1936 and 1939, if a judgment entered against a driver for 'damages for injury to person or property remains unpaid for fifteen days, the clerk of the court where the judgment was entered must (but only upon written demand of the judgment creditor) forward a copy thereof to the commissioner of motor vehicles, whose duty it then becomes to suspend the driving license of such judgment debtor; further, section 94-c provides (a) that such suspension shall continue for such part of three years as the judgment …


Fraudulent Conveyances - Executory Consideration As "Fair Consideration" Under The Uniform Fraudulent Conveyance Act, Robert Kneeland Feb 1941

Fraudulent Conveyances - Executory Consideration As "Fair Consideration" Under The Uniform Fraudulent Conveyance Act, Robert Kneeland

Michigan Law Review

Plaintiff, a purchaser of mortgaged realty, claimed that there had been a series of conveyances of this property originating with a remote grantor, fraudulent as to said grantor's creditors. At the time plaintiff learned of this, he had already paid taxes on the property and paid $4605 on the purchase price, leaving a balance of $2986 due on his contract. Since, allegedly, plaintiff would have been subject to an action of the creditors to have the conveyance to him set aside/ plaintiff sought to join all creditors and defrauders in an attempt to clear the title, or, if the transaction …


Wills - Construction Of Technical Terms, Michigan Law Review Feb 1941

Wills - Construction Of Technical Terms, Michigan Law Review

Michigan Law Review

Testatrix' will executed in 1916 provided, inter alia, "In case of the death of any of the above named children, I give . . . his share to his heirs." A son of testatrix died in 1929, survived only by his widow, complainant here, and his mother. In March 1938, the New York Decedent Estate Law was amended to provide that the word "heirs" when used in a statute, will or in any other written instrument prescribing the devolution of property rights, without express or implied declaration to the contrary, should be construed to mean the distributees, including a surviving …


Kentucky's New Employer-Employee Relations Act, George Neff Stevens Jan 1941

Kentucky's New Employer-Employee Relations Act, George Neff Stevens

Kentucky Law Journal

No abstract provided.


Legality Of "Bank Nights" In Kentucky, Joe R. Johnson Jr. Jan 1941

Legality Of "Bank Nights" In Kentucky, Joe R. Johnson Jr.

Kentucky Law Journal

No abstract provided.


"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett Jan 1941

"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett

Kentucky Law Journal

No abstract provided.


Instalment Payment Of Judgments, Frederick Woodbridge Jan 1941

Instalment Payment Of Judgments, Frederick Woodbridge

Michigan Law Review

This article is concerned primarily with a discussion of satisfaction of judgments by instalment payments where the judgment debtor is the typical American wage earner. It is based upon an analysis of the applicable statutes, the experience recorded in decided cases, interviews with numerous judges administering the statutes, and observations in certain of the courts where that method is used.


Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard Jan 1941

Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard

Kentucky Law Journal

No abstract provided.


Race Segregation In Cities, Major Gardner Jan 1941

Race Segregation In Cities, Major Gardner

Kentucky Law Journal

No abstract provided.


Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr. Jan 1941

Interpretation Of Kentucky Statutes Concerning Division Fences, Harry W. Roberts Jr.

Kentucky Law Journal

No abstract provided.


The Government Corporation In Kentucky, Mark Harris Jan 1941

The Government Corporation In Kentucky, Mark Harris

Kentucky Law Journal

No abstract provided.