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Full-Text Articles in Law
Federal Procedure-Change Of Venue-Congestion Of Docket As A Factor Affecting Transfer Under Section 1404(A), Peter Van Domelen S.Ed.
Federal Procedure-Change Of Venue-Congestion Of Docket As A Factor Affecting Transfer Under Section 1404(A), Peter Van Domelen S.Ed.
Michigan Law Review
Plaintiff sued in the United States District Court for the Southern District of New York to recover damages under the Jones Act for illness sustained while he was serving as a seaman on the defendant's steamship. The defendant moved to transfer the action to the United States District Court for the Northern District of California pursuant to Title 28 U.S.C. § 1404(a) which provides: "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." Evidence introduced showed that …
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Michigan Law Review
Federal law now provides in sections 826 (c) and (d) of the Internal Revenue Code that life insurance and property transferred by appointment shall bear their proportionate tax burden. It does not contain similar provisions with respect to other types of non-probate property. At the present time, twenty states provide by statute for some sort of apportionment of estate taxes. Two states have statutes restricting apportionment in some degree. In the rest, the matter rests in the discretion of the courts. I propose to discuss in this article the situation in those areas where no statutory guidance exists.
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Evidence-Res Ipsa Loquitur-Evidence Of Specific Negligence As Affecting Reliance Upon General Negligence, Frank Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiff sued in New York to recover for injuries sustained in a crash of an airplane owned and operated by the defendant. Plaintiff's pleading and proof relied upon general negligence and res ipsa loquitur, but after evidence of specific negligence was elicited upon cross examination of defendant's witness, plaintiff also used such specific negligence in argument to the jury. The defendant excepted to the jury instruction which gave the plaintiff the benefit of the res ipsa loquitur doctrine. Verdict was for the plaintiff. On appeal, held, the plaintiff was entitled to the benefit of the res ipsa loquitur doctrine, …
Personal Property-Gifts-Beneficiary's Letter Directing Trustee To Transfer Accumulated Income As A Gift, Wendell B. Will S.Ed.
Personal Property-Gifts-Beneficiary's Letter Directing Trustee To Transfer Accumulated Income As A Gift, Wendell B. Will S.Ed.
Michigan Law Review
The donor was entitled to the income of a trust for her life. Income in the amount of $9,000 had accrued in the hands of the trustee and was subject to the immediate call of the donor. While a resident of Spain, the donor wrote a letter addressed to the trustee in New York reciting that she was in poor physical condition and desirous of distributing her American money. The letter directed the trustee to transfer the accumulated income to the donee. Because of troubles with the Spanish Government the donor did not wish to mail the letter directly to …
Corporations-Dissolution-Payment Of "Accrued Unpaid Dividends" To Preferred Shareholders From Capital, Frank M. Bowen, Jr.
Corporations-Dissolution-Payment Of "Accrued Unpaid Dividends" To Preferred Shareholders From Capital, Frank M. Bowen, Jr.
Michigan Law Review
The Big Bend Land Company was in the process of liquidation. The articles of incorporation provided for preferred stock which "in the event of any liquidation . . . " was " . . . entitled to be paid in full the par value thereof, and all accrued unpaid dividends thereon before any sum shall be paid to or any assets distributed among . . ." the common stock. No dividends had ever been declared or paid, nor had there ever been any surplus profits. After discharging all corporate liabilities, including payment of the par value of the preferred stock, …
New York Civil Practice And Procedure At The Threshold Of 1953, John F. X. Finn
New York Civil Practice And Procedure At The Threshold Of 1953, John F. X. Finn
Fordham Law Review
No abstract provided.