Law Commons^™

Constitutional Law-Equal Protection Clause-County Unit Vote, Charles Myneder S.Ed.

Michigan Law Review

Plaintiffs brought an action against defendants, Chairman of the Georgia State Democratic Executive Committee and others, to restrain adherence to a state statute providing that the County Unit Vote shall determine the outcome of a primary election. Under the statute each county is alloted a number of unit votes. The candidate receiving the highest popular vote in the county is awarded the unit votes of that county. Plaintiffs, residents of the most populous county in the state, alleged that their votes had on an average but one-tenth the weight of those in the other counties in the state. From a …

Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory

Michigan Law Review

This is a discussion of constitutional issues involved in federal and state regulations pertaining to labor. The importance of substantive due process has dwindled away, except in relation to picketing and Jim Crow unionism. The dominant issue has become the exercise of power, in a jurisdictional sense, to eliminate socially injurious practices. During the past half century the Supreme Court has taken almost all possible positions on these matters. Pursuing the ideal of a living document, the Court has retailored the Constitution to suit the political exigencies and the dominant interest pressures of any given time.

Corporations-Measure Of Short Swing Profits Under Section 16(B) Of The Securities Exchange Act Of 1934, G. B. Myers S.Ed.

Michigan Law Review

Plaintiff, a stockholder in X corporation, sued in the name of and on behalf of the corporation to recover short swing profits made by defendants in the sale of stock purchase warrants of the corporation, in violation of the Securities Exchange Act. Defendants were officers of the corporation and as part of the consideration for entering into their contracts of employment they received each year a number of these warrants. Within six months of the receipt of their 1945 warrants defendants had made certain sales of warrants then held by them. The court, in a previous ruling, had granted a …

Federal Courts-Substitution Of Parties By Amendment Under The Federal Rules To Correct A Jurisdictional Defect, Rex Eames S.Ed.

Michigan Law Review

The plaintiffs, local officers of a union, sued to enjoin the national officers of the union from interfering with plaintiffs' union duties. Because the original complaint failed to show diversity of citizenship as a basis for federal jurisdiction, plaintiffs sought by amendment to substitute five nonresident members of the union as parties plaintiff and to change the action to a class suit. Held, the court had the power to permit such an amendment but, in the exercise of its discretion, it would not do so here. National Maritime Union of America v. Curran, (D.C. N.Y. 1949) 87 F. …

Real Property-Tax Sales-Title Of Purchaser Of Land Subject To Easement, John J. Gaskell S.Ed.

Michigan Law Review

In an action to enforce a lien for taxes on real property, the defendants counterclaimed, asking for a declaratory judgment as to whether a sale of real property for nonpayment of taxes extinguishes an easement with which the property is burdened. The easement was appurtenant to an adjoining parcel of land. Held, an easement appurtenant is not extinguished by sale of the servient tenement for nonpayment of taxes. District of Columbia v. Capital Mortgage & Title Co., Inc., (D.C. Cir. 1949) 84 F. Supp. 788.

Corporations, Parnerships And Bankruptcy, Charles E. Nadler

Mercer Law Review

In the field of Georgia Corporation Law some changes of significance were made during the survey year by amendments to the Corporation Act of 1938 and in the public revenue laws relating to the rate and method of computation of corporate taxes.

Domestic Relations, John L. Westmoreland

Mercer Law Review

The General Assembly of Georgia, during the 1950 regular session, enacted three statutes modifying and repealing existing statutes dealing with divorce and domestic relations.

Probably the most important change in the divorce laws of Georgia was the amendment by the I950 Legislature of Code Section 30-107 reducing the required period of a petitioner's residence within the state before filing an application for divorce from twelve months to six months. The residence requirement of twelve months was enacted in 1893, and this amendment is the only change in the period of required residence since that time.

Criminal Law And Procedure, H.T. O'Neal Jr.

Mercer Law Review

The course of the Criminal Law is so firmly established that a year of decisions fails to generate any momentous impact. Its ancient principles have "existed from the time whereof the memory of man runneth not to the contrary." The twelve months of decisions herein surveyed have produced neither radical departure nor astounding change.

In order to construct a coherent story of one year of Criminal Law, it is necessary to devise several very general categories into which each of the decisions can find a place. Certain of these divisions, particularly those concerning evidence and procedure, have received exhaustive treatment …

Property, Real, Stephens Mitchell

Mercer Law Review

The recent Georgia cases dealing with Real Property show a continued adherence to age-old rules but which broaden down from precedent to precedent to fit the changing character of circumstances.

Sales, Oliver A. Rice

Mercer Law Review

Although this field has not been prolific of cases this year, and although few developments of law have been attained through the presentation of points novel to Georgia, yet it is thought that an indication of them here may form some sort of ready reference for the practicing attorney.

First to be considered are the Georgia cases dealing with the problem of when title to chattels can be passed to a bona fide purchaser by one other than the owner of the chattels.

Torts, Edwin Maner Jr.

Mercer Law Review

During the survey period, decisions were handed down by the Georgia appellate courts reaffirming well-established principles of law with regard to the duty of counties in the construction and maintenance of bridges, duty to invitee on premises of defendant, duty to invited guest in automobile, duty of care between bailor and bailee, duty of care between pedestrian and operator of automobile, intervening negligence, concurring negligence, duty to licensee and to trespasser on premises of defendant, duty to anticipate negligence or unlawful conduct of another, comparative negligence, proximate cause, allegations essential to action in tort, accident, emergency, scope of employment, defense …

Taxation, James H. Wilson Jr.

Mercer Law Review

The decisions of the Georgia appellate courts and the legislative enactments of the General Assembly of Georgia during the period from June 1, 1949, to June 1, 1950, in the field of taxation reflect in large part the pressing need for thorough revision of the state's tax structure.

Wills And Administration Of Estates, Floyd M. Buford, Robert E. Coll

Mercer Law Review

Definitions of a will are numerous and varied. The statutory definition is that "A will is the legal declaration of a person's intentions as to the disposition of his property after death." Obviously, a will is not a contract since it is unilateral. However, a contract to make a will in behalf of another or to include in a will a particular devise or legacy is valid if founded on a valuable consideration. Bowles v. White reaffirms this well recognized rule. The plaintiff in this case filed suit, as administrator, seeking to recover certain realty of the decedent. The defendant …

Joseph Judkins, Dan J. Miller, Frank Oborn And Adrian De Bloois V. Boyd N. Fronk : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Monte Moses V. Archie Mcfarland And Sons : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Vol. 1, No. 3, November 28, 1950, University Of Michigan Law School

Res Gestae

•Slate Counsel for Eight Teams in Case Club Junior Semi-Finals •Snell Wins Top Scholarship; Bates Award to Sachs •Montgomery, Cooley, Fletcher Clubs Grab Top Honors •Junior Bar Chairman to Speak •Ames Award to Rabel for Michigan Research •Wig and Robe Set for December 15 •Ansell, Peaslee, Get SBA Posts •The Better to Give than Receive Cases •Balfours Puts Law School Ring in Production •Brucker SBA Representative to Michigan Junior Bar •New SBA Constitution Considered by Lynch •Property, Conflicts, Taxation Modified in New Curriculum •Walsh Wins Fifth SL Election •President's Message •Japanese Jurists Visit Michigan •Your Programs

Lafe Morley V. Earl Willden, T. A. Claridge And Alden Willden : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

On appeal from the District Court of the Fifth Judicial District, in and for Millard County, State of Utah. Honorable Will L. Hoyt, Judge.

Clarence B. Lambert V. Jerry Sine And Dora Sine : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

The Commercial Bank Of Utah V. Leonard A. Madsen V. Bob Jeppsen : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Gary Rogers By Ralph A. Rogers V. Jo Ann Wagstaff, Paul L. Wagstaff And W. E. Lemmon : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Virgin Redmond V. Petty Motor Co. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Joseph M. Perkins, Esther J. Perkins V. Richard L. Spencer, Grace N. Spencer : Brief Of Plaintiffs, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from Fourth Judicial District Court of the State of Utah, Hon W. Stanley Dunford, Judge.

Anita Flippen V. Fay Millward : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

N. B. Rogers Helman V. W. C. Patterson, Asa Lloyd Heflin, Melvin C. Bowles, First Doe, Second Doe, Third Doe, And Fourth Doe : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Walter P. Henoch V. W. H. Bintz Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Joseph Judkins, Dan J. Miller, Frank Oborn And Adrian De Bloois V. Boyd N. Fronk : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Burton O. Compton, Burton Stanley Compton, And Lester O. Comption V. Ogden Union Railway And Depot Co. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

T. J. Bryant V. Deseret News Publishing Co. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

In Memoriam: Ira S. Flory, Henry G. Mcmahon

Louisiana Law Review

No abstract provided.

Bureaucracy In A Democracy, By Charles S. Hyneman.* New York: Harper & Brothers, 1950. Pp. Xv, 586. $4.50., Melvin G. Dakin

Louisiana Law Review

No abstract provided.