Law Commons^™

Alienability Of Future Interests In Tennessee, Ernest C. Matthews, Iii

Vanderbilt Law Review

One of the most technical problems in the field of property law is the manner in which future interests in realty and personalty may be alienated. The term, future interest, is used here to mean a presently existing interest which is deprived of possession but which looks forward to possession in the future. The term is a misnomer. Such an interest is "future" only in the sense that it looks toward becoming possessory in the future. Just as future interests is a law of words, so the alienability of future interests is, in the absence of statute, a law of …

Constitutionality Of Marketable Title Acts, Ralph W. Aigler

Michigan Law Review

In recent years several states in that part of the United States commonly identified as the "Middle West" have enacted comprehensive legislation that is hoped will simplify land title transactions. These statutes, though varying in detail, have a common objective-the extinguishment in favor of certain persons of claims against, and interests in, land, which claims and interests arose out of events and transactions that occurred many years ago, unless such claims or interests have been preserved by the recording of a preserving notice within that period of time. A comparatively short period is prescribed for such recording as to old …

Municipal Corporations, Robert H. Hall

Mercer Law Review

The General Assembly of Georgia in its 1951 session enacted several statutes dealing with municipalities and counties. The Municipal Home Rule Law, which is certainly the most important enactment, is summarized at the end of this paper. The cases and other statutes are discussed under their customary topics.

Conflict Of Laws-The Nature Of Statutes Of Limitation, Nancy J. Ringland S. Ed.

Michigan Law Review

Several recent cases have again focused the attention of the courts on the nature of statutes of limitation; the question is whether they are procedural or substantive. For purposes of the conflict of laws this distinction is important, for it is universally agreed that in conflicts cases the substance of the cause of action is governed by the law of the place where it accrued, and the procedural aspects are governed by the law of the forum. There is no doubt that the theory which holds the usual statutes of limitation procedural in nature prevails in this country today, but …

Address By Arthur B. Langlie, Governor Of The State Of Washington, Arthur B. Langlie

Washington Law Review

Today I hope to take a little of your time, rather than try to extend some complimentary greeting of some kind or another, I would like to take this opportunity to talk a little bit about our government, our state government, some of its problems, primarily its tax problems, because some of you may have noted already that while the law has not become effective as yet, that there is going to be a slight tap on your personal income in the way of an increase in the business and occupational tax, and I want to talk to you about …

Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.

Michigan Law Review

Plaintiff, an administrator appointed by an Illinois probate court, brought suit in Michigan under the Indiana death act1 to recover for the wrongful death of decedent which resulted from an accident occurring in Indiana. The trial court sustained defendant's motion to dismiss on the ground that plaintiff had no standing to sue in a Michigan court. Held, reversed. The rule barring actions brought by foreign administrators does not apply to suits brought under the usual type of wrongful death act. Howard v. Pulver, (Mich. 1951) 45 N.W. (2d) 530.

Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.

Michigan Law Review

For the past decade and a half, one of the most harrassing problems in the realm of federal-state relationships has been that concerned with the ownership of the so-called "tidelands." This struggle of interests, which involves 23,000 square miles of offshore lands within the boundaries of the littoral states, has developed since 1937; for prior to that time, the Federal Government recognized the states' claims, making no assertion of federal ownership. The development of the conflict appears to be coextensive with the discovery and development of valuable mineral deposits found under these submerged lands, which have been leased to private …

Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.

Michigan Law Review

A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …

Municipal Corporations-Proof Of Pecuniary Loss As Condition To Taxpayers' Suit To Annul Transaction In Which Public Official Has Personal Interest [Henderson V. Mccormick, Ariz. 1950]

Washington and Lee Law Review

No abstract provided.

Municipal Zoning And Land Use Regulation, Chester James Antieau

West Virginia Law Review

No abstract provided.

Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson

Michigan Law Review

It is the purpose of this comment to explore only one small part of the problem: the flight for freedom of speech and assembly as opposed by the municipality's police power to control its streets and parks. Three decisions handed down by the Supreme Court on January 15, 1951, will form the basis for an appraisal of the Supreme Court's present position in this area. However, the full import of these cases cannot be realized without first considering the history of the struggle and how the Court has dealt with it.

Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen

Michigan Law Review

The City of Madison enacted an ordinance prohibiting the sale within the municipality's jurisdiction of milk not pasteurized and bottled within five miles of the city's central square. Plaintiff, an Illinois corporation engaged in distributing milk and milk products in Illinois and Wisconsin, had its pasteurization plant in Illinois, approximately sixty-five miles from Madison. After it had been denied a permit to distribute milk in Madison, plaintiff brought an action for a declaratory judgment as to the validity of the ordinance. The ordinance was upheld by the Wisconsin Supreme Court as a reasonable exercise of the municipality's police power. On …

Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will

Michigan Law Review

A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).

Annexation By Municipalities In Georgia, David R. Rogers

Mercer Law Review

In the research made for the writing of this comment it was gratifying to find that the decisions are not in conflict. The law pertaining to annexation was firmly established at an early date and has remained somewhat constant, despite the formidable array of confusion and uncertainty in other phases of municipal law.

The following exposition on annexation attempts (I) to recapitulate the law as it exists in Georgia, (2) to consider the applicable statutory provisions, and (3) to conjecture as to the effect of recent decisions by the State Supreme Court collaterally affecting annexation. The attempt last mentioned will …

Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.

Michigan Law Review

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …

Municipal Corporations—Notice Of Claim—Infants, Burton B. Sarles, Edward J. Schwendler Jr.

Buffalo Law Review

Martin v. School Board of Union Free District, 301 N. Y. 233, 93 N. E. 2d 655 (1950).

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Vanderbilt Law Review

We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …

Unicameralism And The Indiana Constitutional Convention Of 1850, Val Nolan Jr.

Indiana Law Journal

No abstract provided.

Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink

Michigan Law Review

A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.

Municipal Corporations-Validity Of Agreement By Municipal Employees To Accept Less Than Statutory Salary, John T. Gallagher

Michigan Law Review

Plaintiff firemen sued the City of Chattanooga to recover the difference between the salary actually paid them during the depression years and the minimum salary provided by statute. The city, as a defense, relied upon certain instruments voluntarily executed by the plaintiffs by which they authorized the city auditor to reduce their salaries by a specified amount each month during these years so that the city could meet its budget without being compelled to exercise its legal right to reduce the fire force. The plaintiffs claimed that the reductions were illegal because of the minimum salary fixed by law. On …

Municipal Corporations-Validity Of Agreement By Municipal Employees To Accept Less Than Statutory Salary, John T. Gallagher

Michigan Law Review

Plaintiff firemen sued the City of Chattanooga to recover the difference between the salary actually paid them during the depression years and the minimum salary provided by statute. The city, as a defense, relied upon certain instruments voluntarily executed by the plaintiffs by which they authorized the city auditor to reduce their salaries by a specified amount each month during these years so that the city could meet its budget without being compelled to exercise its legal right to reduce the fire force. The plaintiffs claimed that the reductions were illegal because of the minimum salary fixed by law. On …

Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink

Michigan Law Review

A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.

Michigan Law Review

A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …

Venue-Interpretation Of Title 28, United States Code, Section 1406(A), Nolan W. Carson

Michigan Law Review

A tort action for injuries sustained in Wyoming was commenced in an Illinois state court and removed to the proper United States District Court in Illinois. Defendant interposed the Illinois statute of limitations as a defense. In order to take advantage of the longer Wyoming statute of limitations, plaintiff moved to transfer the suit to the United States District Court for Wyoming under authority of Title 28, United States Code, section 1406(a), providing for the transfer of actions from district courts where venue was improperly laid. The motion to transfer was denied and the, complaint was dismissed. Held, section …

Habeas Corpus-Exhaustion Of State Remedies-Denial Of Certiorari By Supreme Court As Condition To Obtaining Original Writ In Federal District Court, B. J. George, Jr. S. Ed.

Michigan Law Review

The expanded concept of due process of law under the Fourteenth Amendment during the past thirty years has brought increased inquiry by the federal courts into state criminal procedure. A common method of bringing such matters to the Supreme Court's attention has been the use of habeas corpus, particularly following confinement. But this increased vigilance over state criminal procedure has wrought an increasingly tender conscience on the part of the federal courts over resulting interference with state court systems. The theoretical problem has been further amplified on the practical level by the flood of petitions, largely frivolous or perjured, by …

Constitutional Law-Power Of State To Discriminate Against Federal Government By Testamentary Transfer Statute, Gordon W. Hueschen

Michigan Law Review

Decedent, domiciled in California, made a testamentary gift to the United States. By an interpretation of the state probate code, the California Supreme Court held the gift invalid and directed distribution to decedent's heirs. The United States asserted unconstitutional interference with the federal government's power to receive gifts. On appeal to the United States Supreme Court, held, affirmed. The California Probate Code did not violate the supremacy clause of the Constitution, and no unconstitutional discrimination was effected against the federal government thereby, even though the statute allows testamentary gifts by state domiciliaries to the state and prohibits testamentary gifts …

Do Kentucky Cities Have Any Inherent Rights As To Local Functions Free From Legislative Control?, Hollis E. Edmonds

Kentucky Law Journal

No abstract provided.

Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs

Michigan Law Review

Deceased was employed by defendant as an engineer and, while waiting to relieve the engineer then on duty, began to quarrel with him as to the manner in which a subordinate was doing his work. Words led to blows, and after a short fight, deceased collapsed and died of emotional trauma of the heart. There were no other witnesses, but the survivor claimed deceased struck the first blow. From an award given by the Workmen's Compensation Board, defendant and its insurer appealed. Held, affirmed. The death arose "out of and in the course of the employment." Commissioner of Taxation …

Venue Statutes: Diagnosis And Proposed Cure, George Neff Stevens

Michigan Law Review

Modern procedural reform movements have swept by the problems of venue with but little notice. This is unfortunate, for all too many cases are decided on a venue technicality, with complete disregard for the merits. Present day venue procedures are the result of historical developments and piecemeal legislative tinkering. The time has come for an appraisal and for corrective action.

Part I of this paper contains a comparative and critical study of venue statutes in the United States today. Part II points out how and why certain of these provisions have given rise to serious problems and suggests a few …

Constitutional Law-Search And Seizure -Inspection Of Private Dwelling By Health Officer Without A Warrant, Robert P. Griffin S. Ed.

Michigan Law Review

A health officer sought to enter and inspect respondent's private home without a search warrant after a neighbor complained that the premises were not "clean and wholesome" as required by a District of Columbia ordinance. Respondent denied the officer permission to enter and refused to unlock the door, maintaining that his entry would violate her constitutional rights. As a result, respondent was convicted in municipal court of violating an ordinance making it a misdemeanor to interfere with or prevent an authorized sanitation inspection. On appeal, reversal of the conviction by the Municipal Court of Appeals was affirmed by the Court …