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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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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.
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
Keeney: Judgment By Peers, Michigan Law Review
Michigan Law Review
A Review of JUDGMENT BY PEERS. By Barnaby C. Keeney.