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Articles 91 - 105 of 105

Full-Text Articles in Law

Charities - Indefiniteness - Construction Of Statute Validating Indefinite Trusts For Charity, John M. Ulman May 1939

Charities - Indefiniteness - Construction Of Statute Validating Indefinite Trusts For Charity, John M. Ulman

Michigan Law Review

The testator's will contained a bequest of $10,000 to executors to be held in trust by them and paid out "to such corporations or associations of individuals as will in their judgment best promote the cause of preventing cruelty to animals in the vicinity of Asheville." A state statute provided that no charitable trust should be declared invalid by reason of any indefiniteness or uncertainty of the object or beneficiaries of the trust or because the trustee is given discretionary power in the selection and designation of the objects or beneficiaries of the trust or in carrying out the purpose …

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Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson Nov 1938

Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson

Michigan Law Review

Plaintiff sued defendant trade union, an unincorporated association, in its association name in a county court of North Carolina for damages arising out of its action in expelling him from the union, putting his name on a blacklist, and obtaining his discharge from employment. North Carolina had no enabling statute permitting suit against unincorporated associations in their association name. Service of process was obtained upon the local union's secretary-treasurer. Judgment for the plaintiff was taken by default, and plaintiff brought an action on the judgment in the District Court of the United States for the District of Columbia. The District …

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Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee Apr 1937

Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee

Michigan Law Review

A North Carolina statute provided that when a mortagee purchases property at his own sale conducted under a power of sale, and then brings action for the deficiency, the debtor may as a matter of defense show that the true value of the property at the time and place of sale exceeded the sale price and thus defeat the deficiency claim in whole or in part. In a recent case the plaintiff, mortagee of an $8,000 mortgage, conducted a sale according to law and bought the land for $3,000. On the plaintiff's subsequent action for the deficiency the defendant pleaded …

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Torts - Wrongful Death - Limitation Of Action - Fraud May 1934

Torts - Wrongful Death - Limitation Of Action - Fraud

Michigan Law Review

An administrator brought an action against the defendant power company for damages for the death of the plaintiff's intestate allegedly caused by the negligence of the defendant five years before the commencement of the suit. The statute permitting a cause of action for wrongful death provided that the action be brought "within one year after such death." The plaintiff alleged in his complaint that the delay in bringing the suit was due to a conspiracy by the defendant and others to suppress the knowledge of the death of the plaintiff's intestate. The defendant demurred to the complaint. Held, the …

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Criminal Law And Procedure - Indictments - Resubmission To Grand Jury Jun 1933

Criminal Law And Procedure - Indictments - Resubmission To Grand Jury

Michigan Law Review

The defendant was charged with criminal homicide but the grand jury refused to find a true bill. Two more bills were sent to the grand jury, identical in terms with the first. The third was returned a true bill. Defendant claimed error in overruling his motion to quash the indictment. Held, the motion to quash the indictment should have been granted as the subsequent bills were improper. State v. Ledford, (N. C. 1932) 166 S. E. 917.

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Future Interests-Rule In Shelley's Case Apr 1933

Future Interests-Rule In Shelley's Case

Michigan Law Review

In a recent North Carolina case a trustee under a deed of trust brought suit for specific performance against defendant who was the highest bidder, subject to approval of title, at a public sale of the property. Defendant contended that the trustee could not convey a title in fee since the deed to his grantor was "to R. W. for life with remainder to his bodily heirs by ------ if any," otherwise to another. Held, that defendant must perform his contract since the deed in question gave R. W. a contingent fee tail under the rule in Shelley's case, …

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Bills And Notes - What Constitutes A Reasonable Time In Presenting A Check For Payment Dec 1932

Bills And Notes - What Constitutes A Reasonable Time In Presenting A Check For Payment

Michigan Law Review

Defendant delivered to the plaintiff, at about 10 o'clock A. M., a check drawn on the B bank. The next morning at 10:30 o'clock the plaintiff's agent went to drawee to cash the check. As there was "a run" being made on the bank that day, the agent was forced to stand in line. After waiting from 10:30 o'clock in the morning to 1 o'clock in the afternoon, he left without cashing the check. The next day the bank failed to open its doors. In an action by the plaintiff to recover the debt covered by the check, the defendant …

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Trial Practice-Waiver Of General Verdict And Agreement To Submission On Special Interrogatories Nov 1932

Trial Practice-Waiver Of General Verdict And Agreement To Submission On Special Interrogatories

Michigan Law Review

By agreement of the parties, this case was submitted to the jury on six special interrogatories, a general verdict being waived, and judgment was rendered on the answers so given. The appellate court, in reviewing the case, held, in Central Loan and Investment Co. v. Loiseau, that the legal effect of this agreement was a waiver of trial by jury, except for the specific questions submitted, and that findings of fact should have been made by the judge on all issues other than those specifically found by the jury. These findings were held necessary to support a judgment, …

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Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38 Feb 1932

Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38

Michigan Law Review

Plaintiff filed suit in a federal court, sitting in equity, in behalf of himself and others, to enjoin the collection of an illegal tax imposed by North Carolina upon peddlers of foreign fruit within that state. He alleged that 400 others were similarly situated and that over 100 of them had contributed to the expense of the litigation. Held, the individual legal remedy available under state statute was inadequate in view of the multiplicity of suits it necessitated, and the plaintiff was entitled under Federal Equity Rule 38 (post) to bring a class suit to enjoin the collection of …

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Anti-Chain Store Legislation, Hugh A. Fulton Dec 1931

Anti-Chain Store Legislation, Hugh A. Fulton

Michigan Law Review

During the past few years chain store merchandising has made such serious inroads upon the trade of independent wholesale and retail merchants that they have been forced to use every expedient within their reach in order to survive. They have banded together in order to achieve the economies which have made chain store merchandising so successful and have been rewarded with a large measure of success and even with the hope of competing on an equal basis with the average chain system. But they have not been satisfied with merely seeking to operate on a smaller margin of profit. They …

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Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest Apr 1931

Estates-Tenancy By Entireties--Ability Of Judgment Creditor To Reach Tenant's Interest

Michigan Law Review

Shortly after the plaintiff's judgment had been docketted and a fruitless attempt made to have it satisfied, the defendant and his wife became devisees of some land, holding it as tenants by entireties. Knowing his wife to be in poor health and fearing he might survive her, the defendant persuaded her to join in a conveyance to their granddaughter for only a nominal consideration. Both women were unaware of the defendant's real motive, but the defendant himself understood the effect of what he was doing and was anxious to place the land beyond the plaintiff's reach. Held, that the …

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Business Trusts-Limited Liability Of Members Nov 1930

Business Trusts-Limited Liability Of Members

Michigan Law Review

The defendant company, established as a business trust, contracted a debt with the plaintiff who had full knowledge of a stipulation in the declaration of trust under which the defendant was organized limiting the liability of its members. He now attempts to hold the members to a personal and unlimited liability. Held, that although the court will not decide as to the legality of this so-called business trust, yet the plaintiff can not hold the defendant members to a liability as individuals since in dealing with the organization he had full knowledge of the intent of the members to …

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Legislating The Incumbent Out Of Office, W. Gordon Stoner Jan 1914

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Articles

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

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George Walker -- Children Of. (To Accompany Bill H.R. No. 550.) Mar 1860

George Walker -- Children Of. (To Accompany Bill H.R. No. 550.)

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Report : Memorial of W. Walker. [1068] Indian battles of 1779-1782 in North Carolina.

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Indenture, Signed By John Rutledge, 1786., John Rutledge Aug 1786

Indenture, Signed By John Rutledge, 1786., John Rutledge

Broadus R. Littlejohn, Jr. Manuscript and Ephemera Collection

Indenture for Ephraim Mitchell for 295 pounds, signed by John Rutledge in Charleston, South Carolina, August 29, 1786. Rutledge was an American statesman and judge from South Carolina.

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