State and Local Government Law Commons^™

The Violation Of A Municipal Ordinance As A Crime, Stanley D. Rose

Vanderbilt Law Review

The county of Winnebago passed such an ordinance and McDonald was charged with a violation of it. McDonald demanded a jury, and Judge Schniege of the municipal court ordered it. Because no provision for a jury trial was in the ordinance, Keefe, the county district attorney, petitioned the circuit court for a writ of prohibition to prevent the enforcement of the municipal court's order for a jury trial. The circuit court denied the petition. On appeal, the supreme court reversed this denial. Judge Fairchild based his decision on the following chain of reasoning:

1. The power to define crimes is …

Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii

Michigan Law Review

The attack upon alleged discrimination against industrial development of the South, Southwest, and West by the maintenance of higher freight-rates on shipments from those sections to the greater markets of the North and East has followed two plans: (1) complaint to the Interstate Commerce Commission to remedy the discrimination by the exercise of its power over the rates themselves; (2) anti-trust action against the agencies through which the rates are initiated. The second plan of attack is illustrated by prosecutions brought by the Department of Justice Anti-Trust Division against forty-seven western railroads for illegal conspiracy to set unfair freight-rates, and …

Legislative Research And Planning In Kentucky, Gladys M. Kammerer

Kentucky Law Journal

No abstract provided.

Validity Of Parking Meter Ordinances In Kentucky, Frank K. Warnock

Kentucky Law Journal

No abstract provided.

The Use Of Extrinsic Aids In Statutory Interpretation In Kentucky, William H. Coldiron

Kentucky Law Journal

No abstract provided.

Admissibility Of Oral Declarations Of A Testator To Prove A Lost Will In Kentucky, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.

Commerce Clause State Regulation Of Federal Warehouses

Indiana Law Journal

Constitutional Law Note

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1948, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Contract Liability Of Water Companies To Citizens In Kentucky, Harry B. Miller Jr.

Kentucky Law Journal

No abstract provided.

Constitutional Uniformity As A Rule For The Validity Of License Taxes In Kentucky, William L. Matthews Jr.

Kentucky Law Journal

No abstract provided.

The Story Of Workmen's Compensation Laws In Kentucky, E. G. Trimble

Kentucky Law Journal

No abstract provided.

1948-1968 Rowan County (Ky.) Circuit Court Ordinary Docket, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Ordinary Docket from the Rowan County (KY.) Circuit Court from November of 1948 to March of 1968.

Church, The State, And Mrs. Mccollum, Clarence Emmett Manion

Journal Articles

On March 8, 1948 the Supreme Court of the United States decided in substance that this language prohibits the tax-supported city school systems of the State of Illinois from assisting and encouraging general religious instruction. Just how a constitutional restriction against specified congressional action can possibly impede the activity of a local Illinois school board is an inglorious mystery of modern constitutional construction.

In one way or another however, and for one reason or many, the Court decided eight to one that when the First Amendment says "Congress" it means, among other things, a local school board and when it …

Community Property-Constitutionality Of The Pennsylvania Community Property Act, Richard J. Archer

Michigan Law Review

After the effective date of the Pennsylvania Community Property Act the husband used income from his separate property to pay part of an advance installment on a life insurance policy acquired before the act. He afterward assigned the policy to the plaintiff. The insurance company refused to recognize the validity of the assignment without the wife's consent on the basis that the income from separate property became community property so as to give the wife an interest in the policy. The Pennsylvania Community Property Act provided, inter alia, that: (1) the separate property of each spouse shall consist of that …

Corporations-Derivative Suits-Who Is A Shareholder Under Federal Rule 23 (B), Kent Chandler, Jr.

Michigan Law Review

Plaintiff brought suit in a federal district court to enforce the rights of defendant, an Illinois corporation, to monies allegedly embezzled by its president and to certain shares of stock allegedly issued to him illegally. The complaint alleged that plaintiff, a Delaware corporation, "is now and has been at all times hereinafter complained of the owner of 6538 shares of the common stock of . . . defendant herein." Defendant, showing by affidavit that plaintiff had never been a shareholder of record, moved to dismiss the complaint for failure to meet the requirements of federal rule 23 (b). The court …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1948, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1948, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Future Of Uniform Laws -- The Commercial Code, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The Constitutionality Of Certain Indirect Approaches To Raising The Assessment Level, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.

Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey

Michigan Law Review

Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine …

Powers-Execution By A General Residuary Clause, John E. Grosboll S.Ed.

Michigan Law Review

Testatrix was given a general testamentary power of appointment over the corpus of a trust by her deceased husband's will. His will further directed that "a general residuary clause in her will shall not be deemed to be an exercise of said power of appointment." Plaintiff was named as a taker in default of appointment. The testatrix died eight years later leaving a will which expressly provided that it was exercising the power of appointment. One paragraph of her will gave several specific bequests from the said trust estate; the paragraph following provided: "All the rest, residue and remainder of …

Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.

Michigan Law Review

The recent enactment of community property law in Michigan and other states has created new problems for lawyers. Not the least of these is the question of the income tax consequences which flow from the existence of a community between the spouses. Nor is this the type of problem which can be shrugged off by reference to tax counsel. Local community property law and federal .income tax law are too closely enmeshed to be intelligently divided. No authority is needed for the statement that recently enacted community property laws are a product of high surtaxes. At the same time, these …

Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.

Michigan Law Review

At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …

Municipal Corporations-Validity Of "Piecemeal" Zoning As Applied To Building Under Construction, Robert J. Walsh S.Ed.

Michigan Law Review

Shortly after plaintiff obtained a building permit and commenced work on the excavation for a laundry and dry-cleaning plant in an unzoned section of the City of Huntsville, the city adopted a new zoning ordinance which limited to residential uses an area of approximately two blocks in which plaintiff's property was situated. On appeal from a decree dismissing a bill to enjoin enforcement of the new zoning ordinance, held, reversed. Since the enabling statute required that zoning regulations should be adopted in accordance with a comprehensive plan, an ordinance which did not zone the whole municipality was void. Johnson …

Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.

Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson

Michigan Law Review

It is the purpose of this comment to examine various possibilities of federal action which would help to bring about unification, simplification and clarification in the field of commercial law. The term "commercial law" has no commonly accepted connotation; it is taken here to ·include the law of transfers of personal property by commercial methods, of negotiable instruments, of chattel securities, of agency and of business associations; in short, all those fields of law which a Continental lawyer would term "private commercial law."

Evidence-Uncontradicted Testimony, Robert L. Cardon S.Ed.

Michigan Law Review

The great majority of jurisdictions in the United States recognize the rule that in civil cases "clear, positive, direct and undisputed testimony, not improbable or contradictory, given by an unimpeached witness, cannot be rejected or disregarded by either court or jury, unless the evidence discloses facts and circumstances which furnish a reasonable ground for so doing." It is the purpose of this comment to discuss (1) the reasons underlying this rule, and the extent to which it is recognized, rejected or limited in various jurisdictions; (2) the application of the rule to fact situations in jurisdictions where it is recognized.

Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer

Michigan Law Review

A citizen of Virginia brought suit in a North Carolina court against a citizen of North Carolina for a deficiency judgment on a note executed in Virginia ·for the purchase of land in Virginia. Defendant's demurrer to the complaint on the ground that a North Carolina statute precluded recovery was - overruled; defendant appealed. In spite of plaintiff's contention that the statute was an invalid abridgment of the full faith and credit clause of Article IV of the Constitution of the United States, the North Carolina Supreme Court held that the statute effectively barred the action from the state courts …

Torts-Right Of Privacy-Invasion Of Privacy Through Fictional Works, Ira M. Price, Ii

Michigan Law Review

The New York Civil Rights Law prohibits the use of a person's name, portrait, or picture without his consent in writing, for advertising or trade purposes, under penalty of civil and criminal liability. Plaintiff, senior civil affairs officer of the American Military Government in the town of Licata, Sicily, during its occupation by Allied Armies of World War II, brought suit under the statute against the author of the book "A Bell for Adana," and others, alleging that he occupied the position of the book's and play's principal character, "Major Victor Jappolo" in the fictitiously named town of Adano; and …

Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.

Michigan Law Review

The concept of the Sabbath, the setting apart of one day in seven as a day of rest, was derived from the Mosaic code, the Fourth Commandment directs abstention from labor on the seventh day of the week, and although there is nothing in the New Testament relating to Sunday, the Christian world adopted the first day of the week as a day of rest. Constantine, by an edict in 321 A.D., ordered the suspension on Sunday of all business in the courts of law, except the manumission of slaves, and all other- business except agricultural labor.