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1950

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Institution
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Articles 1351 - 1372 of 1372

Full-Text Articles in Law

Torts--Remedy For Trespass Where No Injury Is Shown, Charles Gromley Jan 1950

Torts--Remedy For Trespass Where No Injury Is Shown, Charles Gromley

Kentucky Law Journal

No abstract provided.


The Advisory Opinion Function Of The Attorney General, Dee Ashley Akers Jan 1950

The Advisory Opinion Function Of The Attorney General, Dee Ashley Akers

Kentucky Law Journal

No abstract provided.


Killing A Suspected Felon Fleeing To Escape Arrest, Gerald Robin Griffin Jan 1950

Killing A Suspected Felon Fleeing To Escape Arrest, Gerald Robin Griffin

Kentucky Law Journal

No abstract provided.


The Board Of Claims Act Of 1950, Paul Leo Oberst Jan 1950

The Board Of Claims Act Of 1950, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.


The Constitution And The All-White Jury, John R. Gillespie Jan 1950

The Constitution And The All-White Jury, John R. Gillespie

Kentucky Law Journal

No abstract provided.


Hughett V. Caldwell County--Measure Of Damages For Innocent Conversion Of Minerals, Arloe W. Mayne Jan 1950

Hughett V. Caldwell County--Measure Of Damages For Innocent Conversion Of Minerals, Arloe W. Mayne

Kentucky Law Journal

No abstract provided.


Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler Jan 1950

Finding Lost Goods-Ancient Indian Canoe, Ralph W. Aigler

Michigan Law Review

As a result of a river's change in course, an old Indian canoe buried on certain land was exposed. While swimming in the river, plaintiffs discovered the canoe and told defendant about it. The latter excavated and removed it. The land had been owned by H, who had died many years ago, devising it to his wife for life and then in fee to his daughter. Plaintiffs, intending to exhibit the canoe, paid the wife and her sons ( who had been farming the land) a sum of money for it. In a replevin action, the daughter intervened. Held …


Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir Jan 1950

Real Property-Adverse Possession-Adverseness Of Possession When Possessor Has Not Claimed A Fee, Hugh B. Muir

Michigan Law Review

From 1924 until 1948 plaintiff and her family were in apparent, open and continuous possession of a portion of defendant's lot, without permission, and with the intent to exclude the defendant and all others from possession. Although plaintiff and her family constructed a lawn, gardens, steps and parking space on the premises, the court found that such use was "an incident to her occupancy of the house" on the adjoining lot, and was without any separate claim of title. In 1948, defendant entered and began excavating for the foundation of a house. Plaintiff sought an injunction and damages, resting her …


Mimeograph 6209 And The Ceiling On Bad-Debt Reserves For Banks, Joseph O'Meara Jan 1950

Mimeograph 6209 And The Ceiling On Bad-Debt Reserves For Banks, Joseph O'Meara

Journal Articles

Instead of deducting "debts which become worthless" taxpayers may deduct "a reasonable addition to a reserve for bad debts." "Prior to the publication of [Mimeograph 6209 on December 8, 1947] it was the consistent position of the Bureau [of Internal Revenue] . . . that deductions for additions to bad debt reserves were allowable in amounts sufficient to bring such reserves up to a measure of the bad debt risk at the close of each taxable year based solely on the facts and circumstances at such time." In practice a reserve for bad debts was limited in amount to the …


The Hidden Logic And Simplicity Of The Federal Income Tax Laws., L. Charles Burlage Jan 1950

The Hidden Logic And Simplicity Of The Federal Income Tax Laws., L. Charles Burlage

Dissertations, Theses, and Masters Projects

No abstract provided.


Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer Jan 1950

Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer

Michigan Law Review

The ambitious undertaking of the American Law Institute and the National Conference of Commissioners on Uniform State Laws to draft a "Uniform Commercial Code" includes a proposed revision of the Negotiable Instruments Law. This is not merely an attempt to patch up the present statute. It is virtually a complete rewriting. It includes many changes and additions in substance as well as a radical reorganization and rephrasing of language where no change in substance is designed. · It includes the much needed separation of the provisions relating to investment instruments such as corporate bonds from those relating to bills, checks, …


Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed. Jan 1950

Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed.

Michigan Law Review

The recent decision of the Eighth Circuit Court of Appeals in Kistler v. Gingles, that a limited partner under the Arkansas Limited Partnership Act fails to avoid unlimited liability if the terms of the statute are not complied with, illustrates the inherent danger of the limited partnership. This statute, which is typical of the limited partnership statutes antedating the Uniform Limited Partnership Act, provides, in part, for an affidavit by one of the general partners stating that the sums which each limited partner proposes to contribute to the enterprise have actually and in good faith been paid into the …


Rights Of Finders, Ralph W. Aigler Jan 1950

Rights Of Finders, Ralph W. Aigler

Michigan Law Review

Because the deeply important jurisprudential concept of possession is involved, cases dealing with the problem of finders assume an importance far beyond their practical significance. The recent decision by the Oregon Supreme Court in Jackson v. Steinburg suggests further discussion of the problem, with particular reference to the cases in that state.


Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Charles Myneder Jan 1950

Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Charles Myneder

Michigan Law Review

Plaintiff corporation owned and operated oil pipe lines lying wholly within the state of Mississippi. Oil transported through these lines was later pumped into railroad tank cars and shipped out of state. The Mississippi State Tax Commission levied a tax against plaintiff measured by its gross receipts for transporting oil through the pipe lines. The state supreme court sustained the tax, ruling that the operation of the pipe lines was intrastate rather than interstate commerce and that the tax was "merely on the privilege of operating a pipe line wholly within this state as a local activity." On appeal to …


Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar Jan 1950

Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar

Michigan Law Review

Petitioner had pleaded guilty to a criminal indictment and was sentenced to prison by an Illinois circuit court. His petition for a writ of habeas corpus, based upon an alleged denial of due process at trial, was denied without hearing. The Illinois Supreme Court in People v. Loftus, decided in 1949, seems squarely to have held that habeas corpus is a proper post-trial proceeding for hearing charges of denial of due process. Since the Illinois Supreme Court does not review habeas corpus proceedings in the circuit court, the United States Supreme Court granted certiorari. Held, remanded to the …


Negligence-Application Of The Rescue Doctrine Where Personal Property Is Involved, Thomas Hartwell Jan 1950

Negligence-Application Of The Rescue Doctrine Where Personal Property Is Involved, Thomas Hartwell

Michigan Law Review

The defendant's servant, while parking the defendant's automobile, negligently failed to secure the brakes. At defendant's request, plaintiff police officer attempted to enter the automobile after it had started to roll, hoping to avert any possible collision. In so doing, he slipped on a stone and was injured. Defendant demurred to plaintiff's complaint on the grounds that the plaintiff was contributorily negligent, as a matter of law, and that the rescue doctrine should not apply where that rescued from peril created by the defendant is not human life or the rescuer's own property. Held, the rescue doctrine was correctly …


Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs Jan 1950

Negligence-Joint Enterprise Between Husband And Wife As Basis For Imputation Of Negligence, Theodore Sachs

Michigan Law Review

H's car, driven by H with W as passenger, collided with D's car as H and W were traveling from their California home to visit relatives in Florida. Both intended to seek employment in Florida and, if successful, to take up residence there. Each had been employed since marriage, their salaries going into a common fund. From this fund the car was purchased and the trip financed. In suit by W and H against D, held, recovery of W denied. Because there was a joint enterprise between W and H, H's contributory negligence was …


Negligence-Proximate Cause-Intervening Act Of Child, John J. Gaskell Jan 1950

Negligence-Proximate Cause-Intervening Act Of Child, John J. Gaskell

Michigan Law Review

In the race track arena of defendant's fairground there were nightly fireworks displays. Three bombs, similar in appearance to ordinary firecrackers, but containing explosives more powerful than gunpowder, had failed to explode on the previous night. They had been wrapped in paper, placed in open wooden crates alongside three exposed bombs, and left unguarded in the arena firing area which was accessible to and traversed by the general public. The plaintiff's older brother, aged thirteen, together with other children between twelve and fifteen years old, had climbed over a fence into the fairgrounds. In compassing the fairgrounds he discovered the …


Power Of Appointment-Validity Of Exercise Subject To A No-Contest Clause, John J. Gaskell Jan 1950

Power Of Appointment-Validity Of Exercise Subject To A No-Contest Clause, John J. Gaskell

Michigan Law Review

The decedent received under the will of her husband a general testamentary power of appointment over a remainder interest. In her will she exercised the power, providing that any person benefiting under the power who in any manner should institute, encourage, or participate in proceedings for the avoidance of any part of the will should forfeit his right to any benefits from the power or from her estate. Held, exercise of a general testamentary power of appointment subject to a no-contest forfeiture provision is valid. Marx v. Rice, 1 N.J. 584, 65 A. (2d) 48 (1949).


Wills-Construction-Meaning Of The Phrase ''Nearest Of Kin", Daniel A. Isaacson Jan 1950

Wills-Construction-Meaning Of The Phrase ''Nearest Of Kin", Daniel A. Isaacson

Michigan Law Review

Testator died in 1931, leaving his estate in trust for the life use and benefit of his wife. The will further provided, inter alia, that "Upon the death of my wife, I order and direct my said executor to pay and distribute the one-half of all my said estate unto my nearest of kin in equal shares and to pay and distribute the other half of all my said estate unto the nearest of kin of my wife in equal shares." Testator's wife died in April, 1947. The testamentary trustee filed a petition for construction of the will to determine …


Wills-Holographic-Evidence As To Testamentary Intent, Alan P. Goldstein S. Ed. Jan 1950

Wills-Holographic-Evidence As To Testamentary Intent, Alan P. Goldstein S. Ed.

Michigan Law Review

The deceased had in her possession, at the time of her death, an envelope entitled 'Will of Ella McNair." The envelope contained three separate sheets of paper dated some nineteen months prior to Ella's death, upon which was written, entirely in the hand of the deceased, what purported to be a will. The document opened with the statement "I, Ella McNair . . . do hereby make my last will." The exordium was followed by fifteen specific bequests, and then the writing ended abruptly at the middle of the back of the third sheet. At the top of the second …


Keeney: Judgment By Peers, Michigan Law Review Jan 1950

Keeney: Judgment By Peers, Michigan Law Review

Michigan Law Review

A Review of JUDGMENT BY PEERS. By Barnaby C. Keeney.