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Articles 31 - 60 of 829
Full-Text Articles in Law
The Law Of Medical Malpractice In West Virginia, Hale J. Posten
The Law Of Medical Malpractice In West Virginia, Hale J. Posten
West Virginia Law Review
A phase of the field of civil law which seldom comes within the experience of the average practitioner concerns itself with the negligence of physicians and surgeons in the practice of their profession, which is classified under the broad general term of malpractice. As the practice of medicine in its various branches tends to become a business rather than a personal relation, and the paternal position of the family physician faces into the limbo of forgotten things, it is likely that actions against doctors for their acts of negligence in the exercise of their art will become more, rather than …
Evidence-Privileged Communications-Husband And Wife
Evidence-Privileged Communications-Husband And Wife
Indiana Law Journal
No abstract provided.
Table Of Contents - Volume 13, Chicago-Kent Law Review
Table Of Contents - Volume 13, Chicago-Kent Law Review
Chicago-Kent Law Review
No abstract provided.
Case Notes, J. Boucek, R. A. Isaacs
Discussion Of Recent Decisions, George S. Stansell, H. N. Osgood, George E. Hall, R. L. Huff
Discussion Of Recent Decisions, George S. Stansell, H. N. Osgood, George E. Hall, R. L. Huff
Chicago-Kent Law Review
No abstract provided.
Books Received, Chicago-Kent Law Review
Corporations-Purchase Of Notes And Mortgages As "Doing Business"
Corporations-Purchase Of Notes And Mortgages As "Doing Business"
Michigan Law Review
C was engaged in loaning money in Idaho. He sold many of the notes and mortgages which he thus received to the plaintiff, a foreign corporation. It was his practice, nevertheless, to collect the interest on these notes and remit it to the plaintiff. The actual sales of the notes and mortgages occurred in Chicago. In this manner the plaintiff acquired the note of the defendant, a resident of Idaho and his mortgage on Idaho land. The Idaho statute forbids a foreign corporation "doing business" in the State to sue in its courts without taking certain qualifying steps. The plaintiff, …
The Economic Aspects Of Inflation, Leonard L. Watkins
The Economic Aspects Of Inflation, Leonard L. Watkins
Michigan Law Review
In every large industrial country there is a considerable group that urges inflation as a path to national prosperity. They have made least impression on monetary policies in countries that experienced severe inflation during the war and post-war years. But in the United States, where war-time inflation was relatively moderate and where losses in the recent depression have been especially severe, inflationary measures have been adopted and agitation persists for the adoption of still more radical policies.
Effects Of Inflation On Private Contracts: Germany, 1914-1924, John P. Dawson
Effects Of Inflation On Private Contracts: Germany, 1914-1924, John P. Dawson
Michigan Law Review
The German experience with inflation is unique not only in the magnitude of the ultimate disaster but in the wealth and variety of the record which it left behind. From that experience we may still learn much. The problems presented at successive stages of the German inflation differ in degree but not in kind from those which appear in any major shift in the general level of prices. The devices, legal and economic, for restoring an equilibrium thus destroyed must be essentially the same in any great country organized, as Germany was, for specialized, large-scale production. From a study of …
Banks And Banking - Bank Stock Holding Company As Fraud On Double Liability Statute
Banks And Banking - Bank Stock Holding Company As Fraud On Double Liability Statute
Michigan Law Review
The question as to when, to prevent evasion of a statutory liability, a court will look behind a corporate entity in order to hold individual stockholders liable has been raised in two recent cases. The first, a federal case, involved the Detroit Bankers Company, a Michigan corporation formed for the purpose of holding and investing in bank stocks. Each corporate stock certificate of the holding company contained an "agreement" that the holder of the stock would be liable for his pro rata share of any assessment for which the corporation might become liable as a result of the failure of …
Contracts - Illegality - Effect Of Partial Illegality
Contracts - Illegality - Effect Of Partial Illegality
Michigan Law Review
It has long been accepted that the illegality of part of a contract does not necessarily make the entire contract unenforceable. However, it is difficult to predict in a given case whether or not the court will hold that recovery may be had upon the lawful part of the contract. It is often said that such recovery will be allowed when the illegal portion of the contract can be clearly separated from the lawful part, but .even when stated in such broad terms - so broad in fact that it is of little help in solving the problem - the …
Corporations-Tort Liability Of Independent Taxi Owners' Associations
Corporations-Tort Liability Of Independent Taxi Owners' Associations
Michigan Law Review
(a) In order to meet the competition of the large taxicab companies a number of taxi drivers owning their own cabs join together to advertise under a common name, establish a more efficient phone service, and secure the benefits of large-scale garage service. For this purpose a non-profit-sharing corporation is organized, to the expenses of which each driver contributes initiation fees and dues. (b) In order to avoid the liabilities which attend the ownership of cars one of the large taxi companies sells its cabs to the drivers. The drivers now pay the company a certain compensation in "dues" for …
Aliens-Right Of Illegally Present Alien To Sue-Tortsplaintiff's Violation Of Statute
Aliens-Right Of Illegally Present Alien To Sue-Tortsplaintiff's Violation Of Statute
Michigan Law Review
The plaintiff was injured when struck by an automobile operated on the public way by defendant Long. He brought two suits in tort, one against Long, the other against Adamski, the owner of the car. Defendants contested his right to sue on the ground that he was in the country admittedly in violation of the immigration laws. They offered the further objection that his illegal presence made him a trespasser on the highway, and hence, under the Massachusetts doctrine, he was ineligible to maintain a suit arising from mere negligence. Held, plaintiff's unlawful residence in the country was no …
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Michigan Law Review
An indictment under the penalties clause of the Home Owners Loan Corporation Act, brought before the promulgation of authorization of charges for services rendered, was dismissed on the ground that, prior to such authorization, the act was not sufficiently definite to satisfy the Sixth Amendment to the Constitution of the United States. United States v. Willard, (D. C. W.D.Mich.No.4057, September 27, 1934) 2 U.S.LAW WEEK, index p. 99.
Contracts - Assignment- Unsealed Assignment Of Sealed Instrument
Contracts - Assignment- Unsealed Assignment Of Sealed Instrument
Michigan Law Review
Defendants sold and conveyed their grocery business by a bill of sale under seal and covenanted not to engage in a like business within a one-mile radius for a period of three years. The purchaser assigned the bill of sale by an instrument not under seal to the plaintiffs. When the defendants opened a competing business in violation of their agreement, the plaintiffs filed a bill in equity asking that the defendants be restrained. Held, that an injunction should issue, notwithstanding the bill of sale was sealed while the assignment was not. Adamowicz v. Iwanicki, (Mass. 1934) 190 …
Contracts--Change Of Circumstances-Constructive Promise
Contracts--Change Of Circumstances-Constructive Promise
Michigan Law Review
In 1921 plaintiff and defendant entered into a contract whereby defendant agreed to give plaintiff "one-half of all moneys" which should be received "from any revivals of" the play" 'Alias Jimmy Valentine' including productions in New York City, 'on the road,' or 'in stock.' " Plaintiff's share was to be mailed direct to him under division orders from wherever the play was being produced, accompanied by box office statements. It was stipulated that "all contracts . . . or other arrangements . . . affecting the title to the dramatic rights ( exclusive of motion picture rights) . . . …
Bills And Notes - Holder's Right On Contract To Pay Checks
Bills And Notes - Holder's Right On Contract To Pay Checks
Michigan Law Review
Defendant bank agreed to honor checks drawn by a cattle buyer and carry them as cash items until funds were deposited from sales of stock. During an illness of the buyer the bank authorized buyer's agent to continue the practice, without informing said agent of large overdrafts on the account. The agent ordered the bank to draw a sight draft on a Chicago commission house and credit it to the account for the purpose of covering, among others, a check given to plaintiff, who apparently knew nothing of the arrangement between the drawer and drawee. The bank, however, applied the …
Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process
Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process
Michigan Law Review
During the trial of appellant in the Massachusetts courts for murder the jury was sent to view the scene of the crime. The accused asked that he be allowed to accompany them, invoking the protection of the Fourteenth Amendment. Permission was refused. At the view, judge and counsel being present, a stipulation was entered into as to changes which had occurred since the crime. Upon conviction, appellant appealed to the United States Supreme Court asserting that there had been a denial of due process. Held, four justices dissenting, that there had been no denial of due process since no …
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Michigan Law Review
The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …
Innkeepers - Statutory Construction - Hospital As Hotel
Innkeepers - Statutory Construction - Hospital As Hotel
Michigan Law Review
Plaintiff hospital claimed a lien upon the personal effects of a deceased patient left in their possession. An Iowa statute defines a hotel, for the purposes of its operator's lien, as including "inn, rooming house, and eating house, or any structure where rooms or board are furnished, whether to permanent or transient occupants." The term "guest" is defined to include "any legal occupant of any hotel as herein defined." Held, that "structure" as used in the statute refers to one used for the entertainment of ordinary individuals, as in the case of the structures enumerated; and that a hospital, …
Insurance - Application Of Dividends To The Purchase Of Extended Insurance
Insurance - Application Of Dividends To The Purchase Of Extended Insurance
Michigan Law Review
Plaintiff hospital claimed a lien upon the personal effects of a deceased patient left in their possession. An Iowa statute defines a hotel, for the purposes of its operator's lien, as including "inn, rooming house, and eating house, or any structure where rooms or board are furnished, whether to permanent or transient occupants." The term "guest" is defined to include "any legal occupant of any hotel as herein defined." Held, that "structure" as used in the statute refers to one used for the entertainment of ordinary individuals, as in the case of the structures enumerated; and that a hospital, …
Gifi's Causa Mortis - Validity Of Gift Of Entire Estate
Gifi's Causa Mortis - Validity Of Gift Of Entire Estate
Michigan Law Review
A donor, being in extremis, told by a doctor that he was dying, and having no near relatives, gave three bunches of keys to a donee with whose family he had lived for ten years, with the statement, "'If I am going to die, everything I have belongs to this woman." This was held to be a valid gift causa mortis of so much of decedent's property as was thereby made available. In re Elliott's Estate, 312 Pa. 493, 167 Atl. 289 (1933).
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Municipal Corporations - Immunity Of City From Tort Liability - Attractive Nuisance
Michigan Law Review
The minor plaintiff, a child of eleven, was injured when she fell from a swing in a playground maintained by the defendant, and struck a jagged stone which protruded from the surface of the earth about eight feet beyond the base of the swing. She and her parents joined as plaintiffs in this suit, alleging that the defendant was negligent in failing to keep the ground around the swing in a reasonably safe condition and free from dangerous objects upon which a child might fall. Held, the defendant is liable for its failure to keep the earth around the …
Trust Preferences Of Depositors In Bank Insolvencies In West Virginia, R. E. Hagberg
Trust Preferences Of Depositors In Bank Insolvencies In West Virginia, R. E. Hagberg
West Virginia Law Review
No abstract provided.
Appel And Error--Law Of The Case--Second Appeal, Herschel H. Rose Jr.
Appel And Error--Law Of The Case--Second Appeal, Herschel H. Rose Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
West Virginia Law Review
No abstract provided.
Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks
Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks
West Virginia Law Review
No abstract provided.
Courts--Jurisdiction To Annul Local Marriage Of Non-Residents, John L. Detch
Courts--Jurisdiction To Annul Local Marriage Of Non-Residents, John L. Detch
West Virginia Law Review
No abstract provided.
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
West Virginia Law Review
No abstract provided.
Dissolution Of The British Parliament 1832-1931, Kemble White
Dissolution Of The British Parliament 1832-1931, Kemble White
West Virginia Law Review
No abstract provided.