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Full-Text Articles in Conflict of Laws

Conflict Of Laws--Lex Loci Or Lex Fori To Govern Damages, Howard H. Whitehead Jan 1936

Conflict Of Laws--Lex Loci Or Lex Fori To Govern Damages, Howard H. Whitehead

Kentucky Law Journal

No abstract provided.

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Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment Jan 1936

Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment

Michigan Law Review

In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …

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Banks And Banking - Application Of Bank Collection Code To National Banks Nov 1935

Banks And Banking - Application Of Bank Collection Code To National Banks

Michigan Law Review

Defendant national bank received from an out-of-town correspondent bank for collection a check drawn on another local bank. Through the local clearing house this check was presented and paid, whereupon defendant bank sent to its correspondent its draft in payment. Before presentment of the draft, however, defendant bank failed and the draft was dishonored. In an action by the payee of the check, from whom the correspondent bank had taken it, to impress a trust on the assets of defendant bank, it was held, reversing the lower courts, that the state statute (the Bank Collection Code) which was applied …

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Conflict Of Laws-Bills And Notes-Forged Indorsement May 1935

Conflict Of Laws-Bills And Notes-Forged Indorsement

Indiana Law Journal

No abstract provided.

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The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema May 1935

The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema

Michigan Law Review

Conflicts of laws are the necessary result of the division of judicial business. There are too many legal actions arising in localities too diffused to be tried in a single court or system of courts; consequently, litigation has to be distributed, and a highly complex body of jurisdictional regulations has been evolved to control the distribution. Once admit the multiplicity of courts, and diversities of law appear. Not only does the procedure in particular courts respond in some degree to the local traditions of the bar and to the specialized needs of the communities served, but indigenous precedents and practices …

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Foreign Enforcement Of Actions For Wrongful Death, William H. Rose Feb 1935

Foreign Enforcement Of Actions For Wrongful Death, William H. Rose

Michigan Law Review

Actions for wrongful death have a long history in the common law. Homicide was once a private matter giving rise to the blood feud and later to the wergild, whereby a money substitute replaced private warfare. With the development of criminal law the crown took jurisdiction over all killings. At a time when all felonies carried with them the death penalty, forfeiture of chattels and escheat of lands, the right to sue for wrongful death was scarcely of practical importance. This was especially so since felony included negligent killing, and even an accidental killing required the king's pardon if …

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Conflict Of Laws - Foreign Marriage - Dower Jan 1935

Conflict Of Laws - Foreign Marriage - Dower

Michigan Law Review

Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …

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Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl Jan 1935

Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl

Michigan Law Review

Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate …

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Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B. Jan 1935

Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B.

Michigan Law Review

The historical classification of actions for personal injuries as transitory imposes no limitation upon the prosecution of foreign suits, either by reference to the residence of the parties or the place in which the action arises. Whenever jurisdiction of the person of the defendant is obtained, the power to hear and determine this type of tort action inheres in every court having jurisdiction of the subject matter. An extreme application of the doctrine of the transitory character of personal actions is not infrequently permitted under the statutes as to venue, wherever suits between parties, all of whom are nonresidents of …

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Conflict Of Laws-Foreign Marriage-Dower May 1934

Conflict Of Laws-Foreign Marriage-Dower

Michigan Law Review

Plaintiff was divorced a vinculo matrimonii in the District of Columbia on the grounds of her adultery with defendant who was made co-respondent in the suit. A statute of the district provided that the innocent party only may remarry. Plaintiff married defendant in Florida and later secured a divorce a mensa et thoro from defendant in Virginia. On the death of defendant in the District of Columbia, plaintiff claimed a dower interest in his estate. Held, plaintiff cannot recover. Loughran v. Loughran, (App. D. C. 1933) 66 F. (2d) 567.

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Conflict Of Laws - Inter Vivos Trust-Administration In State Other Than State Where Created Mar 1934

Conflict Of Laws - Inter Vivos Trust-Administration In State Other Than State Where Created

Michigan Law Review

Under an antenuptial agreement executed in Quebec, P made D the beneficiary of a $125,000 trust fund. Later, in consideration for renouncing her interest in this trust fund, D was made the beneficiary of a $1,000,000 trust, under an instrument executed in Quebec at the settlor's domicil, but with a New York trustee, the trust to be administered in New York where a substantial portion of the res was located at the time of settlement. Under the local law of Quebec such modification of the antenuptial agreement was invalid; under the local law of New York it was valid. When …

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Conflict Of Laws-Foreign Corporations-Stockholder's Individual Liability Feb 1934

Conflict Of Laws-Foreign Corporations-Stockholder's Individual Liability

Indiana Law Journal

No abstract provided.

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Conflict Of Laws-Jurisdiction In Rem Of Documented Claims Feb 1934

Conflict Of Laws-Jurisdiction In Rem Of Documented Claims

Michigan Law Review

A court has jurisdiction in rem over any res of which it has physical control. But does physical control of a document carry with it the control of the chose in action which it represents? This involves an inquiry as to what extent the chose in action is embodied in the document, to what extent the certificate is itself the res or property. Answers to this question have varied with the type of document and even with the type of suit in which the problem has arisen.

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West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts Feb 1933

West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts

West Virginia Law Review

No abstract provided.

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Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes Feb 1933

Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

All civilized States, in the interest of an efficient administration of justice, have felt compelled to fix time limits beyond which access to their courts would be denied to aggrieved parties. Interest reipublicae ut sit finis litium. This was true even of Roman law in which actions were normally perpetual. Since the limitations enacted by various legislatures differ widely, and since debts are transitory, permitting suit wherever the creditor can find the debtor (at least in countries where the Common Law prevails), it is of the first practical importance that definite rules of Conflict of Laws be evolved to …

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Problems In Conflicts, Charles Mccamic Jun 1932

Problems In Conflicts, Charles Mccamic

West Virginia Law Review

No abstract provided.

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Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding Apr 1932

Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding

Michigan Law Review

The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.

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Conflict Of Laws-Judicial Notice Of Foreign Law Mar 1932

Conflict Of Laws-Judicial Notice Of Foreign Law

Michigan Law Review

Substantively, "the subject of judicial notice . . . belongs where the general topic of legal or judicial reasoning belongs, - to that part of the law which defines among other things, the nature and limitations of the judicial function - it is, indeed, woven into the very texture of this function." Functionally, the subject of judicial notice is that portion of procedural law relating to "Proof'' wherein the ordinary rules of evidence are inapplicable. That is to say, certain propositions, "facta probanda," of a party's case will be taken for true by the tribunal without proof. These are generally …

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Conflict Of Laws-Domicile-Residence Feb 1932

Conflict Of Laws-Domicile-Residence

Indiana Law Journal

No abstract provided.

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Conflict Of Laws-Admiralty -Torts In Territorial Waters Feb 1932

Conflict Of Laws-Admiralty -Torts In Territorial Waters

Michigan Law Review

A civil wrong having been committed on board a vessel in foreign territorial waters, the tort by hypothesis being maritime and the court having jurisdiction, the problem then arises as to what law governs the disposition of the case. Stated more specifically, does the nature of admiralty jurisdiction demand that a court, in determining liability for civil wrongs committed in foreign territorial waters, should ignore or modify well-settled principles of the conflict of laws as applied to delictual obligations? This is the point of departure for the discussion to follow.

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A Comparative Study Of The Laws Of The Philippine Islands And Of The United States Of America Applicable To Private Corporations, Emilio M. Javier Jan 1932

A Comparative Study Of The Laws Of The Philippine Islands And Of The United States Of America Applicable To Private Corporations, Emilio M. Javier

SJD Dissertations

The main objective of the present treatise is to expound the similarities and dissimilarities of the laws of the Philippine Islands and of the United States of America applicable to private corporations. Act 1459, otherwise known as the Philippine Corporation Law, as amended and as radically modified recently, in many or its important provisions, by Act 3518, is made the basis of discussion from the Philippine view point. All the decisions of the Supreme Court of the Islands interpreting the provisions of the law, and which the author considers pertinent, are also discussed herein. Due to the fact that each …

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Conflict Of Laws - Remarriage After Divorce Jan 1932

Conflict Of Laws - Remarriage After Divorce

Michigan Law Review

H obtained a divorce in Alabama under a statute prohibiting remarriage without. permission of the court. He remarried in Tennessee, where the statute prohibited remarriage during the life of the other spouse. Held, the Tennessee law applied to divorces obtained in that state only. In the absence of express words. to that effect, the Alabama statute had no extra-territorial effect; and the marriage, valid where performed, was valid everywhere. Smith v. Goldsmith, (Ala. 1931) 134 So. 651. H secured a divorce in Vermont under a statute declaring void any remarriage within three years, either within or without the …

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Conflict Of Laws - Contracts - Public Policy Jan 1932

Conflict Of Laws - Contracts - Public Policy

Michigan Law Review

The decedent, in Florida, became the grantee of Florida land by a deed which recited that it was made subject to a mortgage held by one Key, in the sum of $9,000, securing a note for that amount. The deed stipulated that "the grantee herein assumes and agrees to pay the above mortgage and notes." By Florida law the grantee was effectually bound by such a clause. Upon the death of the grantee, Key entered a claim against the estate in Pennsylvania. The lower court disallowed the claim on the basis of a Pennsylvania statute which held a grantee of …

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Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance Dec 1931

Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance

Michigan Law Review

A wife whose matrimonial domicil was in Washington, D. C., moved to Reno, Nevada, and there obtained a decree of divorce. Nine years later she filed a bill in the supreme court of the District of Columbia asking that the Nevada decree of divorce be declared void on the ground that she was induced to secure it by fraud and coercion; that a decree be entered requiring defendant to provide "maintenance and support"; and that his property within the jurisdiction of the court be sequestered to insure payment of the same. Sections 70 and 75 of title 14, Code D. …

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Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact Dec 1931

Conflict Of Laws - Mistake Of Foreign Law As Mistake Of Fact

Michigan Law Review

Plaintiff sued in Ohio to set aside a deed of Ohio land given by the plaintiff, a resident of that state, in exchange for Texas lands deeded by the defendant who was also a resident of Ohio, for mistake as to defendant's title to the Texas land resulting from a Texas statute of which both parties were ignorant at the time of the transaction. Held, a mistake of foreign law is a mistake of fact authorizing equitable relief. Miller v. Bieghler, 123 Ohio St. 227, 174 N.E. 774 (1931).

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Conflict Of Laws-Damages-Obligation Payable In Russian Rubles Jun 1931

Conflict Of Laws-Damages-Obligation Payable In Russian Rubles

Michigan Law Review

In an action in New York to establish a claim against a Russian insurance company on a policy payable in rubles in Russia, the following history of Russian money appeared. Before the revolution, the gold ruble of the Empire had been supplanted by a paper currency of depreciated value. The Soviets, at the beginning of their regime, instituted a paper currency which had also greatly decreased in value. At the time the policy became due, this latter currency was still circulating, and in addition, a gold coinage with notes redeemable in gold had been established. From time to time the …

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Conflict Of Laws-Presumption Of Foreign Law-Indiana Cases And The Restatement Jun 1931

Conflict Of Laws-Presumption Of Foreign Law-Indiana Cases And The Restatement

Indiana Law Journal

No abstract provided.

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Conflict Of Laws-Recognition Of Foreign Alimony Decree Jun 1931

Conflict Of Laws-Recognition Of Foreign Alimony Decree

Michigan Law Review

In 1928, a New York court ordered D, who was suing for annulment of his marriage, to pay alimony pendente lite and attorney's fees to W. This judgment had remained unsatisfied. W, in 1931, brought a bill in equity in Massachusetts asking that D, now a resident of Massachusetts, be ordered to pay the amount due on the judgment. Held, although the local statute (Gen. L., c. 209, sec. 6) did not permit suits at law between husband and wife, that mere circumstance was not sufficient grounds for granting equitable relief on the ground of the inadequacy of the …

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Conflict Of Laws-Right Of Action For Foreign Tort Jun 1931

Conflict Of Laws-Right Of Action For Foreign Tort

Michigan Law Review

Plaintiff, an automobile guest, brought action against the driver in Wisconsin for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action, but before trial, the parties intermarried and established a matrimonial domicil in Wisconsin. Held, that the law governing the creation and extent of tort liability is that of the place where the tort is committed; that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife; and therefore that the suit must abate, despite the fact that suits between spouses are ordinarily permitted …

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Conflict Of Laws-Corporations-Effect Of Soviet Dissolution On Status Of Russian Corporations Abroad May 1931

Conflict Of Laws-Corporations-Effect Of Soviet Dissolution On Status Of Russian Corporations Abroad

Michigan Law Review

A Russian insurance company, driven from its domicil by the revolution and subsequent nationalization decrees of the Soviet government, was attempting to gather assets located without Russia through the surviving directors, who constituted less than a quorum of the last board. For the purpose of suit in New York the directors authorized an assignment to the plaintiff, an American corporation, of a claim against the defendant, a British corporation, arising out of a contract made in England. In the subsequent suit it was held that the directors' authority was limited to that of conservators, and did not include the power …

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