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Full-Text Articles in Law
Waters And Watercourses - Extent Of Riparian Land
Waters And Watercourses - Extent Of Riparian Land
Michigan Law Review
The plaintiff, a lower riparian owner, sued the defendant municipality for taking water from a stream in such quantity as to cause serious damage. The complaint alleged. that the defendant purchased land extending to the stream bank in 1927 and 1928, which it later took into its corporate limits, and that thereupon it diverted water to points within its corporate limits but beyond the watershed of the stream. Held, the defendant's demurrer to the complaint was properly overruled. Sayles v. City of Mitchell, (S. D. 1932) 245 N. W. 390.
Practice And Procedure -Appeal And Error-Duplicitous Appeal
Practice And Procedure -Appeal And Error-Duplicitous Appeal
Michigan Law Review
Appellant attempted in one appeal and with a single notice of appeal to have reviewed two separate and disconnected appealable orders of the lower court made prior to final judgment, namely, an order granting a temporary injunction and an order overruling a demurrer to the complaint. Respondent moved to dismiss the appeal. Held, the appeal was duplicitous and therefore must be dismissed without leave to amend because the time for appeal was past. Grieves v. Danaher, (S. D. 1932) 243 N. W. 916.
Practice And Procedure-Special Appearance-Waiver Of Objections To Service Of Process
Practice And Procedure-Special Appearance-Waiver Of Objections To Service Of Process
Michigan Law Review
The plaintiff brought suit in a South Dakota court against residents of Nebraska. The defendants, in what they designated as a special appearance, objected to the jurisdiction of the court both over their persons and over the subject-matter. The trial court held that by objecting to the jurisdiction over the subject-matter, the defendants waived the right to attack the jurisdiction over their persons and so had made a general appearance. The defendants elected to stand upon their jurisdictional pleas. A default judgment was entered against them and from that judgment they appealed. Held, that an appearance objecting to the …
Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract
Banks And Banking - Right To Recover For Benefits Conferred Under An Illegal Contract
Michigan Law Review
The Rowena State Bank, a corporation organized under the laws of South Dakota, borrowed a sum of money from the plaintiff who was the president of the bank. A state statute provided : "In all cases where money is borrowed, a bank shall issue its 'Bills Payable' and shall show the true amount of borrowed money on its books." The bank failed to comply with this statute. A short time later the defendant as superintendent of banks took charge of this bank. The plaintiff brought an action to recover upon a quantum meruit for the money loaned. Held, that …
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Michigan Law Review
An employee of the plaintiff, payee of a check drawn on the defendant bank, indorsed the check without authority and cashed it, retaining the proceeds. The check was sent through the clearance to the defendant bank and charged to the drawer. The plaintiff brought suit against the bank by a complaint in the form of damages for the conversion of a check. It was adjudged for the plaintiff and the defendant appealed. On appeal, the plaintiff insisted that the payment of the check amounted to an acceptance by the defendant bank and that a liability to the plaintiff as payee …
Carriers - Misdelivery
Michigan Law Review
An impostor represented himself to P, a dealer in live stock, as Will Buntrock, a substantial South Dakota farmer. P, after being satisfied as to the identity of the person with whom he was dealing face to face, took from him a property statement which proved to be correct according to the South Dakota records. A contract for the sale of certain cattle was made between P and the impostor. The impostor gave P a promissory note for the contract price plus the freight charges, and a chattel mortgage on the stock purchased. P delivered the cattle to …
Insurance -Murder Of Insured By Beneficiary
Insurance -Murder Of Insured By Beneficiary
Michigan Law Review
The plaintiff was the beneficiary of an insurance policy carried by her husband. After her conviction for his murder she brought an action against the insurance company to collect the proceeds. The lower court pronounced the defendant liable, gave judgment for the intervening administrator of the deceased's estate, and, in spite of a statute expressly directing insurance moneys in the hands of administrators to inure to the use of surviving widows, ordered that the plaintiff take nothing. On appeal by the insurance company it was held, in an excellent opinion reviewing all the authorities that there was no error. …