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Full-Text Articles in Law
Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates
Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates
Michigan Law Review
An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment. The supreme court of New York, special term, held the law unconstitutional; the appellate division …
International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef
Michigan Law Review
A landlord's summary proceeding for recovery of possession was brought in a New York municipal court against a secretary of the Argentine delegation to the United Nations. The defendant appeared specially and moved to vacate the service of the precept, claiming immunity from suit by virtue of the grant of diplomatic privileges and immunities to official employees of member delegations under Article V of the Headquarters Agreement between the United States and the United Nations. Held, motion denied. Realty not directly pertaining to a delegation's employee's official position is not removed from the jurisdiction of the local courts by …
Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson
Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson
Michigan Law Review
Plaintiff-mortgagee sued defendant insurance company to recover the amount allegedly due plaintiff under a fire insurance policy covering a mortgaged building. Plaintiff based its right to recovery on a New York standard mortgagee clause incorporated into a New York standard fire insurance policy. Before the suit was instituted, defendant had tendered payment to plaintiff in accordance with the findings of an appraisal of loss conducted by the mortgagor and defendant, which fully complied with the terms of the policy. This tender was rejected by plaintiff, which had no notice of, and did not participate in, the appraisal. Plaintiff contended it …
Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.
Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.
Michigan Law Review
When the problem confronting the judge is one of recognizing a divorce decree awarded by a foreign state, then once again the domiciliary concept will be used to determine the jurisdictional competency of the court making the award. The foreign divorce decree will be accepted as lawful and proper if it was given by the court of the husband's domicile or if the decree is one which would be accepted as valid by that court. The authority underlying the latter proposition originates in the case of Armitage v. Attorney-General. It is the purpose of this comment to examine briefly …
Federal Procedure-Jurisdiction-Diversity Of Citizenship Required In Stockholder's Derivative Suit, Morris G. Shanker
Federal Procedure-Jurisdiction-Diversity Of Citizenship Required In Stockholder's Derivative Suit, Morris G. Shanker
Michigan Law Review
Plaintiff, a citizen of New York, instituted a stockholder's suit on behalf of a New York corporation in the United States District Court for the Southern District of New York. Individual officers and directors of the corporation, all citizens of Connecticut, were charged with mismanagement and were joined with it as party defendants. Since plaintiff and defendant corporation were both citizens of New York, requisite diversity did not exist, and the district court dismissed the claim for lack of jurisdiction. Upon appeal, held, judgment affirmed. The section of the Federal Judicial Code providing that "any civil action by a …
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Michigan Law Review
Testator had properly executed his will in all respects except that following his and witnesses' signatures there appeared a clause appointing executors. New York statute law provided that to be valid a will must be signed at the end by the testator. Surrogate Court had denied probate. On appeal, held, affirmed. The statute was not complied with, for the end of a will is not found until the last word of all the provisions is reached. In re Winter's Will, 98 N.Y.S. (2d) 312 (1950).
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Wills-Statute Requiring Wills To Be Signed At The End Thereof-Facts Constituting Compliance, Roger D. Anderson
Michigan Law Review
Testator had properly executed his will in all respects except that following his and witnesses' signatures there appeared a clause appointing executors. New York statute law provided that to be valid a will must be signed at the end by the testator. Surrogate Court had denied probate. On appeal, held, affirmed. The statute was not complied with, for the end of a will is not found until the last word of all the provisions is reached. In re Winter's Will, 98 N.Y.S. (2d) 312 (1950).
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Michigan Law Review
A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …
Jurisdiction-Diversity Of Citizenship-Corporations Domiciled In More Than One State, Harold G. Christensen
Jurisdiction-Diversity Of Citizenship-Corporations Domiciled In More Than One State, Harold G. Christensen
Michigan Law Review
Plaintiff brought action against defendant railroad in the federal district court for New Jersey district alleging that she was a citizen of New Jersey and that defendant was a corporation and citizen of New York. Defendant moved to dismiss for lack of diversity of citizenship alleging that it was a consolidated corporation of New York and New Jersey. Held, action dismissed. Since corporate existence was dependent upon both states, and plaintiff was also a citizen of one, diversity did not appear. Gavin v. Hudson & Manhattan R. Co., (D.C. N.J.1950) 90 F. Supp. 172.
Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs
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 …