Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 102

Full-Text Articles in Law

Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed. Dec 1946

Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.

Michigan Law Review

Appellant, a passenger on a motor common carrier, was traveling from Virginia to Baltimore. Pursuant to a Virginia statute requiring all passenger motor carrier vehicles to "separate without discrimination the white and colored passengers in their motor busses so that contiguous seats will not be occupied by persons of different races at the same time" the driver of the carrier upon which appellant was traveling requested her to vacate her seat so that it could be used by a white passenger. She refused and was arrested and convicted under authority of a statute punishing such refusal. The Virginia Supreme Court …


Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed. Dec 1946

Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed.

Michigan Law Review

The County Court, disregarding the statutory order of preference, appointed a disinterested third party administrator with the will annexed because of the conflict of interest between the grandchildren who were entitled to the appointment under the statute and the creditors. The grandchildren as heirs of the devisees in decedent's will claimed that the creditors' claims were barred by the laches of the former administrator, their nominee. The circuit court decided that the statute was mandatory and ordered the appointment of the grandchildren. The creditors appeal. Held, reversed. The original appointment by the county court of a disinterested person will …


Naturalization-Statutory Construction, George Brody S.Ed. Dec 1946

Naturalization-Statutory Construction, George Brody S.Ed.

Michigan Law Review

Appellee, a native of Canada, filed his petition for naturalization. In his application he stated that he understood the principles of the government of the United States and was willing to take the prescribed oath of allegiance to this country. To the question in the application "If necessary are you willing to take up arms in defense of this country?" he replied, "No, (non-combatant) Seventh Day Adventist." He explained this answer before the examiner by saying, "It is a purely religious matter with me, I have no political or personal reasons. other than that." The district court admitted him to …


Corporations-Derivative Stockholders' Suits-New York General Corporation Law 61b, T. M. Kubiniec Dec 1946

Corporations-Derivative Stockholders' Suits-New York General Corporation Law 61b, T. M. Kubiniec

Michigan Law Review

In a derivative stockholders' suit, the defendant corporation was granted an order for security for reasonable costs under the above statute containing a provision that plaintiff stockholders might move to vacate the security order upon subsequent joinder of stockholders holding 5 per cent of the outstanding shares of any class of stock of the corporation or shares having a market value in excess of $50,000. Held, two judges dissenting, order modified by deleting therefrom the provision for vacation. Baker v. Macfadden Publications, (App. Div. 1946) 59 N.Y.S. (2d) 841.


Mandamus To Review State Administrative Action, Foster H. Sherwood Dec 1946

Mandamus To Review State Administrative Action, Foster H. Sherwood

Michigan Law Review

The appearance of a substantial body of administrative law in the United States preceded its recognition as such by a good many years. In the intervening period, the courts made every effort to fit the new and unfamiliar jurisprudence into old and familiar forms, particularly those of the common law. This was a natural development, both because it accorded with common law traditions of adjustment, and because there was no legislative recognition of the view for action. The recognition that the problems of administrative law cannot invariably be solved within the framework of traditional legal concepts has paralleled the growing …


Adverse Possession-Possession Under Mistake As To True Boundary, Rosemary Scott S.Ed. Dec 1946

Adverse Possession-Possession Under Mistake As To True Boundary, Rosemary Scott S.Ed.

Michigan Law Review

Land purchased by the plaintiff's husband in 1911 was surrounded by a fence which included the land in dispute. All of the enclosed area was of a different grading from the land to the west of it. The plaintiff's husband cultivated the area later disputed, tore down buildings on it and improved the entire property during the succeeding seventeen years. When the defendant purchased the adjacent land in 1935 the dividing fence was down but the difference in grading between the two parcels of land remained the same. The defendant, after a survey was made of the land in 1939, …


Taxation-Administrative Law-Judicial Review Of Determinations Of United States Tax Court-The Rule Of The Dobson Case, Rosemary Scott S.Ed. Dec 1946

Taxation-Administrative Law-Judicial Review Of Determinations Of United States Tax Court-The Rule Of The Dobson Case, Rosemary Scott S.Ed.

Michigan Law Review

In the field of administrative tax law there is no more intriguing subject for speculation than the scope of judicial review of decisions of the United States Tax Court as sought to be delineated in Dobson v. Commissioner three years ago. The case was a valiant attempt to limit the scope of review of appellate courts by defining the area in which the findings of the Tax Court would be conclusive. The task was an impossible one at the outset because of the lack of standard definition, except at the core, of the flexible and fluid concepts of "findings of …


Municipal Corporations--Regulation Of House Trailers Under Building Code As Permanent Dwellings, John W. Potter S.Ed. Dec 1946

Municipal Corporations--Regulation Of House Trailers Under Building Code As Permanent Dwellings, John W. Potter S.Ed.

Michigan Law Review

An ordinance of the township in which defendant maintained a trailer camp defined a house trailer as any vehicle used for living or sleeping purposes, and provided that any house trailer so used within the township for an aggregate of more than thirty days in a period of one year should be considered a single family dwelling for all purposes of the building code. Many trailers in defendant's camp rested on boxes or jacks, and they had been used as dwellings for several years. While all trailers were connected with water and electric lines and provided with communal lavatory and …


Trade Marks--Assignability In Gross, Joseph N. Morency, Jr. Dec 1946

Trade Marks--Assignability In Gross, Joseph N. Morency, Jr.

Michigan Law Review

After using the name "Mother Parker" in connection with a biscuit mix manufactured in Brooklyn, plaintiff, Heloise Parker Broeg, in 1934 opened a bakery in Boston under the name "Mother Parker's Cupboard." She operated this store and another in the same area until 1939, selling a line of bakery goods including bread, doughnuts, cakes, and cookies. In 1936 the trade mark "Mother Parker's" was registered in the United States Patent Office. Plaintiff and her husband opened an experimental laboratory and retail bakery in Peterboro, New Hampshire, in 1940 under the name "Mother Parker's Cupboard" in which they manufactured a complete …


Postal Power-Exclusion Of Periodical Publication From Second- Class Mailing Privilege-The Esquire Case, John R. Dykema Dec 1946

Postal Power-Exclusion Of Periodical Publication From Second- Class Mailing Privilege-The Esquire Case, John R. Dykema

Michigan Law Review

Respondent is the publisher of the well-known monthly periodical Esquire. In l 933 it was granted a second-class mailing permit pursuant to section 14 of the Classification Act of 1879. In 1943 the then Postmaster General, Frank C. Walker, issued a citation to respondent to show cause why the permit should not be suspended or revoked, on the theory that the magazine did not qualify under the fourth condition of the act, relevant portions of which read as follows: "It must be originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, …


Taxation--Estate Tax--Transfers Taking Effect At Death--Hallock Doctrine, John W. Riehm Dec 1946

Taxation--Estate Tax--Transfers Taking Effect At Death--Hallock Doctrine, John W. Riehm

Michigan Law Review

In 1925 and 1926 decedent and his wife created two trusts, decedent contributing 80 per cent, and his wife 20 per cent. Each trust provided for income to the wife during decedent's life, and on his death income was to be divided between the wife and a daughter or go to the survivor for life. On the death. of the survivor of the wife and daughter the corpus was to be distributed "According to the Statutes of descent and distribution of the State of Ohio, to the heirs at law of [decedent] and [wife], providing the heirs of [decedent] and …


Wills--Specific Bequest Of Capital Stock--Disposition Of Stock Dividends Declared Before Testator's Death, E. M. Deal Dec 1946

Wills--Specific Bequest Of Capital Stock--Disposition Of Stock Dividends Declared Before Testator's Death, E. M. Deal

Michigan Law Review

In her will, testatrix made several specific gifts to Miss Dorothy Spencer, including "20 shares of stock of the Times-Picayune Publishing Company," the extent of her holding at the time the will was executed. Later, the company declared a 100 per cent stock dividend and issued testatrix a certificate for an additional 20 shares. When she died, testatrix had in her possession certificates for 40 shares of the corporation's stock. Ten legatees objected to a provisional account filed by her executor which listed the 40 shares as belonging to Dorothy Spencer, claiming that the additional shares should be converted into …


Corporations-The Fair And Equitable Test In Recapitalizations, Robert O. Hancox Dec 1946

Corporations-The Fair And Equitable Test In Recapitalizations, Robert O. Hancox

Michigan Law Review

Changes in capital structures of corporations which modify rights of security holders generally occur under one of two circumstances: (1) reorganization of insolvent corporations which affects the rights of creditors as well as shareholders and necessitates judicial supervision; and (2) recapitalization of solvent corporations involving only the relative rights of the different classes of shareholders. It is the author's present purpose to focus attention on the effect of the latter type of modification on the most zealously guarded right of the preferred shareholder--the right to accrued dividends on cumulative preferred stock.


Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston Dec 1946

Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston

Michigan Law Review

Defendant, a real estate broker purporting to act for X, made a contract with plaintiff for the sale to plaintiff of X's farm. The only evidence in the writing of defendant's agency was the word "agent" which he appended to his signature. Plaintiff paid defendant $1000.00 as a deposit which defendant tendered to X who returned $500.00 to defendant as his commission for the sale. Upon destruction of an important part of the premises before execution of the contract, plaintiff brought suit against X and defendant to rescind the contract and recover the deposit. Recovery against X was …


Historic Origins Of Admiralty Jurisdiction In England, Lionel H. Laing Dec 1946

Historic Origins Of Admiralty Jurisdiction In England, Lionel H. Laing

Michigan Law Review

The process of the common law courts when resorted to by foreigners appears to have failed entirely to give redress. Arbitration and other treaties were tried without satisfaction. Finally, in 1337, Edward III found himself obliged to pay out of his own pocket for spoils committed upon Flemish, Genoese and Venetian merchants by his own subjects. This was no international gesture, for it was dictated by necessity, since the English monarch, engaged in a struggle with France, wished to retain the aid of his allies. It thus became urgent to suppress piracy, which was the plague of the Channel.


Wills-Pretermitted Heir Statute-Incorporation By Reference, Shubrick T. Kothe Dec 1946

Wills-Pretermitted Heir Statute-Incorporation By Reference, Shubrick T. Kothe

Michigan Law Review

Plaintiff, adopted daughter of Mr. and Mrs. Burdick, deceased, left them some years before their deaths. Mr. Burdick provided in his will that plaintiff was to get two legacies, and Mrs. Burdick, who died after her husband, did not specifically mention plaintiff, but provided that the residue of her estate should be distributed as provided in her husband's will. She subsequently revoked this provision by a codicil which gave the residue to one Langley. Plaintiff claimed a share of the estate under the Arkansas "pretermitted child" statute. Held, Mrs. Burdick's reference to her husband's will incorporated it into her …


Corporations--Merger--Statutory Meaning Of "Same Or Similar Purposes", Ray A. Mcintyre Dec 1946

Corporations--Merger--Statutory Meaning Of "Same Or Similar Purposes", Ray A. Mcintyre

Michigan Law Review

A merger agreement was drawn up and approved by the necessary statutory majority of shareholders for the merging of a corporation engaged in making and selling razor blades into one which was making and selling pens and pencils; but the minority stockholders of the razor blade company sought a preliminary injunction against the merger on the grounds that it was prohibited by the statute which confines the authority to merge to those corporations which are organized ". . . for the purpose of carrying on any kind of business of the same or similar nature . . . . " …


Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed. Dec 1946

Future Interests--Effect On Contingent Remainders Of Widow-Life Tenant's Election To Take Against A Will, Niel Mckay S.Ed.

Michigan Law Review

Testator devised one half of the income from an undivided one-third interest in certain real estate to the defendant, his wife, and provided that on her death the undivided one-third interest was to go to his brother and sister, plaintiffs here, if living, otherwise to his children in a certain named order if living. The defendant, testator's widow, elected to take her statutory share against the will, and the county court decreed her a one-half interest in the undivided one third, the other one-half interest going to the plaintiffs. Plaintiffs, also having title to the other two thirds of the …


Federal Courts--Jury Selection--Exclusion Of Wage Earners, John R. Dykema Dec 1946

Federal Courts--Jury Selection--Exclusion Of Wage Earners, John R. Dykema

Michigan Law Review

In an action for personal injuries, removed to a federal court, petitioner, a salesman, demanded a jury trial. He moved to strike out the entire panel, alleging that "mostly business executives or those having the employer's viewpoint are purposely selected on said panel . . . [thus] discriminating against other occupations and classes." The evidence showed that the clerk of the court and the jury commissioner had as a matter of practice excluded from the jury list all persons working for a daily wage. They gave as their reason the fact that such persons, called for jury service, invariably requested …


Foreign Corporations-What Constitutes "Doing Business" For Service Of Process As Contrasted With Domestication Requirement, Kenneth Liles Dec 1946

Foreign Corporations-What Constitutes "Doing Business" For Service Of Process As Contrasted With Domestication Requirement, Kenneth Liles

Michigan Law Review

South Carolina commenced suit against the Ford Motor Company by serving summons upon the South Carolina secretary of state pursuant to statute applicable when no process agent had been appointed, seeking to recover penalties imposed upon this foreign corporation for doing business in the state without having complied with the domestication statutes. Defendant claimed it was not doing business in the state because it had no property or agents therein, its products being handled by private dealers. The company attacked both the summons as against due process and the domestication statutes as a burden on interstate commerce. From judgment for …


Labor Law-Kickback Act-Application To Union Officials, James R. Bliss Dec 1946

Labor Law-Kickback Act-Application To Union Officials, James R. Bliss

Michigan Law Review

Defendants were officials of Local 39 of International Hod Carriers Building and Common Labor Union of America, which procured a closed shop agreement with certain contractors on a federal building project. Defendants were indicted for violation of the federal Kickback Act, the indictment charging that defendants had (1) collected five dollars weekly from nonunion employees on the project by threatening them with dismissal, (2) given receipts for payments collected and accepted employees as union members on presentation of receipts totalling the union initiation fee, (3) but had not kept a record of collection nor accounted to Local 39, as required …


Taxation - Estate Tax - Inclusion In Gross Estate Of Trust Where Decedent Retained Power To Terminate, Edward P. Dwyer, Jr. S.Ed. Dec 1946

Taxation - Estate Tax - Inclusion In Gross Estate Of Trust Where Decedent Retained Power To Terminate, Edward P. Dwyer, Jr. S.Ed.

Michigan Law Review

In 1935 the settler irrevocably conveyed to himself as trustee in trust for his sons corporate stocks, which upon termination of the trust were to be distributed to named beneficiaries other than the settlor. The settlor reserved power during his lifetime to terminate any of the trusts and distn1mte the principal to beneficiaries then entitled to receive it. Each trust was to continue for fifteen years unless earlier terminated by the grantor. He retained no power to revest in himself or his estate any portion of the corpus or income. The Tax Court and the Circuit Court of Appeals for …


Administrative Law-The Choice Of Remedy-Modification Of Administrative Order By Court, John W. Potter S.Ed. Nov 1946

Administrative Law-The Choice Of Remedy-Modification Of Administrative Order By Court, John W. Potter S.Ed.

Michigan Law Review

The Federal Trade Commission in proceedings under section 5 of the Federal Trade Commission Act found, inter alia, that petitioner, a manufacturer of overcoats, used a deceptive and misleading trade name, Alpacuna, which induced the erroneous belief that its coats contained vicuna. The commission issued a cease and desist order banning the use of the word Alpacuna to describe petitioner's coats. The circuit court of appeals found that the commission's findings were supported by substantial evidence, but felt that the remedy was unduly harsh because of the fact that the public interest could have been adequately protected by using qualifying …


The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman Nov 1946

The Duration Of Certifications By The National Labor Relations Board And The Doctrine Of Administrative Stability, Bernard Cushman

Michigan Law Review

The National Labor Relations Act has recently celebrated its tenth anniversary. A decade is a short time in the life of a statute and the process of interpretation of an act which marked a new approach to labor relations problems is far from ended . In fashioning the mosaic of statute and decision which constitutes the basic law for our varied industrial communities, the National Labor Relations Board has had to deal with difficult and diverse problems. Not the least important of these questions comprise those involving the duration of the validity of its certifications.


Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff Nov 1946

Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff

Michigan Law Review

In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.


Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema Nov 1946

Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema

Michigan Law Review

On February 7, 1944, an enlisted soldier in the Army of the United States was injured in a traffic accident in Los Angeles, California, through the negligence of an agent of appellant; he was incapacitated for duty for a period of twenty-nine days. The United States paid his hospital expenses, and also his salary during this period, amounting to a total of $192.56. In March, 1944, the soldier, in return for three hundred dollars, executed a release to appellant "from any and all claims and demands" on account of the accident. The United States sued in the Federal District Court …


Banks-Fiduciary Duty-Guilty Participation In A Breach Of Trust, Robert O. Hancox Nov 1946

Banks-Fiduciary Duty-Guilty Participation In A Breach Of Trust, Robert O. Hancox

Michigan Law Review

The fiduciary relation which "involves a duty on the part of the fiduciary to act for the benefit of the other party to the relation as to matters within the scope of the relation" is of broad scope, including not only the more strictly defined relations such as those involving trustees, guardians, and executors, but also the more loosely knit relations such as found in the corporate field; i.e., directors and stockholders, promoters and subscribers to stock and the like. In contrast to the confidential relation, where to set aside a transaction between the parties there must be shown fraud, …


Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs Nov 1946

Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs

Michigan Law Review

Insured's mother, who was the original beneficiary of a life policy, paid all the premiums before and subsequent to the time when insured's wife was substituted as beneficiary. The mother was interpleaded in the wife's suit on the policy. Held, in the absence of a collateral agreement creating a4ditional rights in the mother, the payments were gratuitous and created no vested interest in the mother in the proceeds of the policy, where the right to change the beneficiary was reserved; and that the wife was entitled to the proceeds on the insured's death. McCloud v. Aetna Life Ins. Co. …


Constitutional Law-Martial Law-Trial Of Civilians By Military Tribunals In Hawaii, Robert Cardon Nov 1946

Constitutional Law-Martial Law-Trial Of Civilians By Military Tribunals In Hawaii, Robert Cardon

Michigan Law Review

On the day of the attack on Pearl Harbor, the Governor of Hawaii suspended the writ of habeas corpus and declared martial law in that territory, acting under authority of the Organic Act of Hawaii. At the Governor's request, the Commanding General of the Hawaiian Department of the Army proclaimed himself Military Governor of the Islands, and established military tribunals to try all violations ,of existing federal laws and military regulations thereafter to be promulgated. The following day all civil courts were closed, and the next day the President approved the Governor's action. One week later, the law courts were …


Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed. Nov 1946

Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.

Michigan Law Review

Plaintiff, beneficiary of an insurance policy (but not the personal representative of the deceased insured), sued to recover the amount of the policy from the insurance company. As a defense the defendant claimed that the policy never became effective because the insured had made material misrepresentations in the application as to his state of health. To show that there had been such misrepresentations, the defendant proved that the insured had been treated by physicians during the five years preceding the issuance of the policy. Upon objectionμ by plaintiff the court excluded the testimony of the doctors as to the nature …