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1958

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Full-Text Articles in Law

Attorney And Client - Scope Of Attorney's Authority - Client Bound By Wrongful Settlement Of Claim, Robert M. Vorsanger Jan 1958

Attorney And Client - Scope Of Attorney's Authority - Client Bound By Wrongful Settlement Of Claim, Robert M. Vorsanger

Michigan Law Review

Plaintiff hired an attorney to prosecute a claim for damages resulting from the alleged negligence of defendant, a chiropodist, in the treatment of plaintiff's wife. Three years after the institution of the suit plaintiff discovered that his attorney had agreed with defendant to settle the suit and had forged plaintiff's name to a release and to a bank draft given by defendant in settlement of the claim. Plaintiff immediately instituted action to have the settlement stipulation deleted from the record and to have the case reinstated for hearing. On appeal from the trial court's decision for plaintiff, held, reversed. …

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Contracts - Damages - Punitive Damages Awarded For Breach Accompanied By Fraudulent Act, Theodore G. Koerner Jan 1958

Contracts - Damages - Punitive Damages Awarded For Breach Accompanied By Fraudulent Act, Theodore G. Koerner

Michigan Law Review

Defendants contracted to purchase a crop of alfalfa from plaintiff, harvesting and processing to be done by defendants and payment to be ascertained according to the processed weight of the alfalfa. When defendants harvested the entire crop but failed to pay for the major part of it, plaintiff brought action for breach of contract. In addition to the non-payment, plaintiff alleged fraud on defendants' part in falsifying weight records and in otherwise scheming to cheat and defraud him. On defendants' appeal from a judgment including both compensatory and punitive damages, held, affirmed. Although punitive damages are not ordinarily recoverable …

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Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed. Jan 1958

Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.

Michigan Law Review

A regional negotiating committee of the International Woodworkers of America, AFL-CIO, sent questionnaires to some six hundred employers with whom it had bargaining relations. The committee desired information to assist in measuring wage demands for bargaining with employers in the Pacific northwest lumber and plywood industries. The information requested related to each employee, his job classification, hourly rates, seniority rights, paid holidays, vacations, and annual hours. The employers were also requested to furnish figures showing the annual board-foot production of their respective operations and related sales totals expressed in dollars. The employers declined to provide the data despite repeated requests …

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Labor Law - Nlra - "Ally" Doctrine, William P. Wooden S.Ed. Jan 1958

Labor Law - Nlra - "Ally" Doctrine, William P. Wooden S.Ed.

Michigan Law Review

With the purpose of compelling Roy Construction Co. to stop buying supplies from Roy Lumber Co., a non-union supplier which the union had been unsuccessfully trying to organize, the union called a strike of the employees of Roy Construction. While the two employers were distinct corporate entities, all of the stock in both was owned by the five Roy brothers, and the two boards of directors were largely identical. The two businesses were parts of a family partnership venture and were engaged in related businesses with Roy Lumber supplying Roy Construction's millwork. The NLRB issued a complaint against the striking …

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Civil Procedure - Process - Immunity From Service Of Nonresident Entering State To Discuss Settlement Of A Dispute, Edward M. Heppenstall Jan 1958

Civil Procedure - Process - Immunity From Service Of Nonresident Entering State To Discuss Settlement Of A Dispute, Edward M. Heppenstall

Michigan Law Review

Defendant, a resident of Idaho, leased a service station in Idaho from plaintiff, a Utah corporation. Plaintiff's attorney travelled to Idaho to attempt settlement of difficulties which had arisen concerning the lease. When the Idaho negotiations failed, plaintiff invited defendant to make further attempts at settlement in Utah. Defendant accepted the proposal and, when the Utah negotiations proved unfruitful, defendant was served with process in Utah at plaintiff's request. It was undisputed that defendant went to Utah solely to effect settlement, returning directly to Idaho after cessation of negotiations. On appeal from the trial court's denial of defendant's motion to …

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Negligence - Duty Of Care - Manufacturer's Duty To Warn Of Obvious Dangers, George R. Haydon Jr. Jan 1958

Negligence - Duty Of Care - Manufacturer's Duty To Warn Of Obvious Dangers, George R. Haydon Jr.

Michigan Law Review

Plaintiff purchased a "Lithe-Line" exerciser, a rubber rope forty inches long with a loop on each end, manufactured by defendant Helena Rubenstein, Inc. With the exerciser plaintiff received a leaflet of instructions stating that "anybody" could reduce with it, and containing sketches and descriptions of eight exercises. While plaintiff was lying on the floor with the rope under her feet doing one of the exercises, the rope slipped off her feet and snapped back, hitting her in the eye and causing partial loss of vision. She sued the manufacturer for negligence, alleging that the exerciser was inherently dangerous when used …

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International Law - Treaties - Inclusion Of Purely Domestic Matters In Reservations, Peter H. Hay S.Ed. Jan 1958

International Law - Treaties - Inclusion Of Purely Domestic Matters In Reservations, Peter H. Hay S.Ed.

Michigan Law Review

In consenting to the ratification of the treaty between the United States and Canada concerning uses of the waters of the Niagara River, the Senate attached a reservation which stated that "no project for redevelopment of the United States' share of such waters shall be undertaken until it be specifically authorized by Act of Congress." On the basis of this reservation, the Federal Power Commission denied the application of the Power Authority of the State of New York for a license under the Federal Power Act covering the new flow of water made available under the treaty. On appeal to …

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Legislation - Future Interests - Extinguishment Of Contingent Remainder Interests In The Unborn, Edward B. Stulberg Jan 1958

Legislation - Future Interests - Extinguishment Of Contingent Remainder Interests In The Unborn, Edward B. Stulberg

Michigan Law Review

Under the somewhat misleading title of "An Act To Permit the Dissolution of Estates Tail and To Permit the Conveyance of Contingent Remainder Interest and To Provide Procedure Therefor," Arkansas has enacted legislation which partially revitalizes an ancient common law rule that other legislatures and courts have been trying to eliminate for some hundred and fifty years-the doctrine of the destructibility of contingent remainders. Arkansas' Act 163 is thus unique among the modern statutes designed to increase the alienability of estates fettered with outstanding future interests.

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Radzinowicz: A History Of English Criminal Law And Its Administration From 1750. Vols. 2 And 3., Jerome H. Hall Jan 1958

Radzinowicz: A History Of English Criminal Law And Its Administration From 1750. Vols. 2 And 3., Jerome H. Hall

Michigan Law Review

A Review of A History of English Criminal Law and Its Administration From 1750. Vols. 2 and 3. By Leon Radzinowicz

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Recent Books, Michigan Law Review Jan 1958

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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Fiduciary Administration - Compensation - Extra Compensation And The Rule Against Self-Dealing, David Shute Jan 1958

Fiduciary Administration - Compensation - Extra Compensation And The Rule Against Self-Dealing, David Shute

Michigan Law Review

Respondent was a member of a firm of certified public accountants who were actively engaged in assisting decedent work out his income tax difficulties at the time of his death. Under decedent's will respondent was named executor and trustee along with decedent's lawyer and a trust company. The executors employed respondent's partnership to perform services in connection with the estate. The surviving widow and life beneficiary of the estate filed objections to the account of the executors, urging that the rule against self-dealing on the part of fiduciaries precluded respondent from recovering for services performed as an accountant in addition …

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Aliens In Florida, S. A. Bayitch Jan 1958

Aliens In Florida, S. A. Bayitch

University of Miami Law Review

No abstract provided.

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Book Review. Radzinowicz, L., A History Of English Criminal Law And Its Administration From 1750, Vols. 2 & 3, Jerome Hall Jan 1958

Book Review. Radzinowicz, L., A History Of English Criminal Law And Its Administration From 1750, Vols. 2 & 3, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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A Law Teacher's Tour Around The World, Jerome Hall Jan 1958

A Law Teacher's Tour Around The World, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Legislative Drafting: American And British Practices Compared, Reed Dickerson Jan 1958

Legislative Drafting: American And British Practices Compared, Reed Dickerson

Articles by Maurer Faculty

The principal difference between legislative drafting for the British Parliament and legislative drafting for the American Congress, Mr. Dickerson declares, arises from the fact that the many-authored legislation 'proposed in Congress is extremely vulnerable to revision and redrafting as it makes its way through subcommittee hearings and committee debates, whereas the legislation in Parliament, prepared by the Office of the Parliamentary Counsel, is much more likely to be enacted in its original form. This article points up the problems inherent in drafting statutes in a complex world.

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Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner Jan 1958

Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

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Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff Jan 1958

Book Review. Boundary Control And Legal Principles By Curtis M. Brown, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

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Book Review. A Pre-Trial Conference, John T. Bauman Jan 1958

Book Review. A Pre-Trial Conference, John T. Bauman

Articles by Maurer Faculty

No abstract provided.

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Book Review. Guides For Juvenile Court Judges By The Advisory Council Of Judges Of The National Probation And Parole Association, Dan Hopson Jr. Jan 1958

Book Review. Guides For Juvenile Court Judges By The Advisory Council Of Judges Of The National Probation And Parole Association, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

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Report Of The Committee On Agency Rule Making, Ralph F. Fuchs Jan 1958

Report Of The Committee On Agency Rule Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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