Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review
Constitutional Law - Validity Of State Use Tax On Mail Order Sales Of Foreign Corporation, Michigan Law Review
Michigan Law Review
The respondent, a New York corporation licensed to do retail business in Iowa, did a large mail order business there also. Iowa customers sent orders by mail to the company's warehouses located outside that state, and the merchandise was shipped directly to the purchaser. On these mail order sales the company neither collected from its customers, nor paid to the state, the Iowa use tax. The petitioner, chairman of the state tax commission, threatened to cancel the respondent's license as a retailer and its permit to do business in Iowa unless such use tax were paid. Respondent obtained an injunction …
Taxation - Jurisdiction To Tax The Equitable Interest Of A Trust Beneficiary, Rex B. Martin
Taxation - Jurisdiction To Tax The Equitable Interest Of A Trust Beneficiary, Rex B. Martin
Michigan Law Review
Pennsylvania levied a property tax on a resident beneficiary's equitable interest in a New York trust. The settlor of the trust, a New York resident, had created the trust there and both the trustee and the stocks and bonds comprising the corpus were in that state. The beneficiary had no control over the disposition or management of the corpus and was entitled merely to the income of the trust for her life. The Pennsylvania Supreme Court upheld the tax. On appeal to the United States Supreme Court, held, in a per curiam decision without opinion, that the state court's …
Injunctions - Power To Restrain Foreign Divorce Proceedings Declaratory Judgment As Adequate Legal Remedy, Michigan Law Review
Injunctions - Power To Restrain Foreign Divorce Proceedings Declaratory Judgment As Adequate Legal Remedy, Michigan Law Review
Michigan Law Review
Plaintiff petitioned a New York court to restrain her husband from prosecuting an action for divorce in a Florida court, alleging that the parties were married in New York, had lived there as husband and wife for twelve years, were still residents of New York, and that the defendant's business was located in the state. The complaint also alleged that the defendant had abandoned the plaintiff without cause; that plaintiff could not bear the expense of defending the Florida action and, in the event of judgment, would lose her status as wife and her concomitant property rights. Held, this …
Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom
Rule Against Perpetuities - Construction Of Wills, Kenneth J. Nordstrom
Michigan Law Review
Testator devised properties to trustees to provide his wife and son with an income for life. The will directed that upon the death of the survivor the corpus should be distributed to testator's grandchildren. A later codicil changed the will by providing that the trust principal and undistributed earnings left at the death of the survivor of the life tenants should be payable to the grandchildren when they should reach the age of thirty-five years. No provision was made for the continuance of the trust after the death of the life beneficiaries. Upon the death of the life beneficiaries, an …
Election Of Remedies- Contracts Induced By Fraud, Michigan Law Review
Election Of Remedies- Contracts Induced By Fraud, Michigan Law Review
Michigan Law Review
In 1939, plaintiff brought an action alleging in his complaint that defendant became indebted to him on December 17, 1928, for $13,400, for money had and received by defendant to the use of plaintiff. In a bill of particulars plaintiff pointed out that the indebtedness arose from the purchase of certain bonds and the subsequent rescission of the contract of purchase prior to the commencement of this action, basing his right to rescind upon misrepresentations made by, and the fraud of, defendant in inducing the purchase of said bonds. When defendant moved for a summary judgment on the ground that …
Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan
Labor Law -- Injunctions -- Permissible Objects Of Strikes -- Prevention Of Use Of Labor-Saving Devices, Reed T. Phalan
Michigan Law Review
Plaintiff, a travelling grand opera troupe, used recordings for orchestral accompaniment. The American Federation of Musicians opposed use of mechanically reproduced music wherever orchestras could be hired, and, in support of such opposition, the stagehands' union forbade its members to work for plaintiff. As a result, since most of the theaters throughout the country were "closed shop" theaters, plaintiff's business was greatly restricted: Plaintiff brought an action for an injunction against the musician's union and the stagehands' union, and the lower court granted the injunction. Held, in a three-two decision, the stagehands' union had sufficient direct interest to act …
Bankruptcy - Effect Of Discharge - Suspension Of Driver's License For Non-Payment Of Judgment As Conflicting With The Bankruptcy Act, Walter Muller
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 …
Instalment Payment Of Judgments, Frederick Woodbridge
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.
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.