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Articles 15661 - 15690 of 16690
Full-Text Articles in State and Local Government Law
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Kentucky Law Journal
No abstract provided.
Charitable Subscription Contracts And The Kentucky Law, Robert L. Taylor
Charitable Subscription Contracts And The Kentucky Law, Robert L. Taylor
Kentucky Law Journal
No abstract provided.
Recent Case Trends In Local Taxation, Robert C. Brown
Recent Case Trends In Local Taxation, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Michigan Law Review
Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Executors And Administrators - Effect Of Testamentary Provisions On Executors' Fees, Michigan Law Review
Michigan Law Review
At the early English law an executor was entitled to the surplus of the personal estate after the payment of debts and legacies, but this practice nowhere prevails today. At common law the office of executor was regarded as honorary, to be performed without compensation unless the will expressly provided for compensation. It is doubtful if the common-law rule ever obtained in this country, where from a very early time it has been universally considered that executors are normally entitled to reasonable compensation not only to reward them for their time, labor and trouble, but also for the responsibility incurred …
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Michigan Law Review
Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Constitutional Law - Municipal Corporations - Delegation Of Power - Consent Of Adjoining Property Owners - Reasonableness Of Restriction On The Use Of Property., Michigan Law Review
Michigan Law Review
An ordinance of the city of Detroit regulated trailer camps in part by requiring the consent of sixty-five per cent of the adjoining property owners before a permit would issue, and by forbidding the parking of occupied trailers in any camp or camps for more than ninety accumulated days in any twelve-months' period. Plaintiff camp owner sought to restrain enforcement of the restrictions. Held, that as to both the consent and the ninety-day provisions, the ordinance is a valid and reasonable exercise of the police power. Cady v. City of Detroit, 289 Mich. 499, 286 N. W. 805 …
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Zoning - Municipal Corporations - Due Process - Restrictions On Power To Change Zoning Plan Previously Adopted, Edmund R. Blaske
Michigan Law Review
The plaintiff owned several lots in a subdivision which the defendant city changed from a class "B" residence district to a class "C" residence district. In an action for a declaratory judgment the plaintiff asked the court to pronounce the amendment making pie change void. The declaration contained the following allegations: that there was already sufficient undeveloped class "C" property to satisfy present and future building needs; that the change was made at the instance of private persons, for their benefit, and not in the public interest; that the new classification would decrease the value and enjoyment of the plaintiff's …
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Zoning - Police Power - Will Change In Conditions Make Zoning Restrictions Invalid?, Edmund R. Blaske
Michigan Law Review
Desiring to operate a restaurant on his land, plaintiff petitioned the city trustees of Sunnyvale to rezone his property by taking it out of the residential district and adding it to the adjacent industrial district. After denial of his petitions, plaintiff brought this suit in which he sought a judgment declaring the zoning ordinance void as to his property. Reversing the lower court's judgment in favor of the city, the supreme court held, that because conditions had changed since the enactment of the ordinance, it was void as to plaintiff's property. Skalko V. City of Sunnyvale, (Cal. 1939) …
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1940, Volume 2, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1940, Volume 2, 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, 1940, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1940, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1937-1939], Mississippi. Secretary Of State
Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1937-1939], Mississippi. Secretary Of State
Mississippi Blue Books
No abstract provided.
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
Michigan Law Review
Following the report of the Commonwealth Fund Committee, in which they advocated the adoption of a model act to govern the admission of business entries as evidence, a comparatively small number of states have enacted legislation of this kind, either the model act or an act of similar nature. The extent of this comment is to show: (1) in what states hospital records have been held not to be admissible as business entries, the states where there has been no decision on the subject, and the states where the status of the rule is in doubt; (2) the states where …
Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review
Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review
Michigan Law Review
A South Carolina statute prohibited labor of employees in enumerated manufacturing and mercantile establishments for more than fifty-six hours per week or more than twelve hours in any one day. Plaintiffs were druggists who brought suit to restrain the commissioner of labor from enforcing the statute. A temporary restraining order was issued and the commissioner of labor appealed. Held, the statute was unconstitutional as in violation of the due process and equal protection clauses in both state and federal constitutions. Gasque, Inc. v. Nates, (S. C. 1939) 2 S. E. (2d) 36.
Municipal Corporations - Indebtedness - Use Of Mandamus To Compel Payment Of Judgment, John L. Rubsam
Municipal Corporations - Indebtedness - Use Of Mandamus To Compel Payment Of Judgment, John L. Rubsam
Michigan Law Review
Petitioner sought a peremptory order directed to the council of the city of Long Beach, to compel them to include in the 1939 budget a sum sufficient to pay a judgment obtained for materials furnished to the city. Held, the denial of application by the lower court was not an abuse of discretion, since payment of the judgment would have given the petitioner a preference over other creditors of the same class inasmuch as there were insufficient funds available to pay all claims of such class without crippling the city or working unusual hardship on taxpayers. Coombs v. Edwards …
Municipal Corporations - Status Of A City Manager - Are His Functions Primarily Executive Or Legislative?, John H. Pickering
Municipal Corporations - Status Of A City Manager - Are His Functions Primarily Executive Or Legislative?, John H. Pickering
Michigan Law Review
When defendant city adopted the city-manager form of municipal government, it duly abolished by ordinance the board of police and fire commissioners and expressly assigned the board's powers and duties to the city manager. Among such powers was that of recommending salary decreases for firemen and policemen, without which recommendation a decrease by action of the council was invalid. After the abolition of the board of police and .fire commissioners, the council decreased the salary of plaintiff policeman without previous recommendation by the city manager. Plaintiff claimed that such action was invalid, and sued to recover the amount of the …
Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman
Michigan Law Review
Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …
Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud
Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud
Michigan Law Review
The defendant, the city of Green Bay, without charge maintained and operated a toboggan slide outside the city limits. While using the slide, plaintiff was injured due to the alleged negligence of the city in failing to remove a snowdrift at the bottom of the slide. It was admitted that plaintiff would have stated a good case of actionable negligence had the slide been operated by a private person. Defendant's demurrer was overruled by the trial court. Held, reversed with direction to enter an order sustaining the demurrer. Gegelski v. City of Green Bay, (Wis. 1939) 285 N. …
Sales - Implied Warranty - Liability Of A Water Company, Edmund R. Blaske
Sales - Implied Warranty - Liability Of A Water Company, Edmund R. Blaske
Michigan Law Review
Defendant, a city engaged in supplying water to its inhabitants, was sued by plaintiff, a consumer, for injuries resulting from plaintiff's drinking of lead-poisoned water at a faucet in his home. The water, although pure at the meter, became poisoned when passing through a lead pipe inspected and approved by the water company but owned by the plaintiff. Plaintiff brought his action on two different theories: (1) on implied warranty; (2) in negligence. The trial court instructed the jury without exception or objection from defendant that they might find for plaintiff, under either of these theories. The defendant was successful …
Municipal Corporations-Constitutionality Of Parking Meters
Municipal Corporations-Constitutionality Of Parking Meters
Indiana Law Journal
No abstract provided.
Government Corporations And State Law, Julius Cohen
Government Corporations And State Law, Julius Cohen
West Virginia Law Review
No abstract provided.
Federal Courts - Substance And Procedure - Effect Of Erie Railroad V. Tompkins And Rule 8 (C) Of The Federal Rules Of Civil Procedure Upon Burden Of Proof Of Contributory Negligence, John H. Uhl
Michigan Law Review
The case of Erie Railroad v. Tompkins has wrought a great change in the relationship between the state and federal courts. Prior to its decision, the federal courts under the rule of Swift v. Tyson did not have to apply the state non-statutory law. They could apply their own notions as to what the law was in matters of general law relating to substance. The Conformity Act compelled the federal courts to follow the practice, pleading, and forms and modes of proceeding in like causes in the courts of the state within which the federal district courts were held. In …
Constitutional Law - Discriminatory State Game Legislation - Constitutionality As To Non-Resident Landowner, Russel T. Walker
Constitutional Law - Discriminatory State Game Legislation - Constitutionality As To Non-Resident Landowner, Russel T. Walker
Michigan Law Review
A non-resident landowner and his assignee brought an action to enjoin enforcement of a Louisiana statute which denied them the right to secure licenses to trap furbearing animals or alligators on the former's land until they had resided in the state for not less than one year. Held, the statute, discriminating as it did against landowners purely on the basis of non-residence, was unconstitutional as a deprivation of property and a denial of equal protection of the law. Pavel v. Patterson, (D. C. La. 1938) 24F. Supp. 915.
Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review
Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review
Michigan Law Review
Pursuant to statutory provisions the fiscal court of Jefferson County, Kentucky, appropriated $1,000 for renting voting machines to be used in the general election of 1938. The county on relation of its attorneys filed suit for a declaratory judgment on the constitutionality of the statute. The relators appealed from a judgment declaring the act valid. Held, the statute authorizing the use of voting machines in popular elections is a violation of section 147 of the Kentucky Constitution which provides for a "secret official ballot, furnished by public authority to the voters at the polls, and marked by each voter …
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen
Michigan Law Review
On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the …
The Scope Of West Virginia Legitimatizing Statutes, A. L. B.
The Scope Of West Virginia Legitimatizing Statutes, A. L. B.
West Virginia Law Review
No abstract provided.
Bankruptcy-Corporate Reorganization - Fraternal Benefit Society Entitled To Benefits Of Section 77b, Russel T. Walker
Bankruptcy-Corporate Reorganization - Fraternal Benefit Society Entitled To Benefits Of Section 77b, Russel T. Walker
Michigan Law Review
Plaintiff's right to petition for reorganization under section 77 B of the Bankruptcy Act was challenged on the ground that plaintiff was an "insurance corporation" within the meaning of section 4 of the Bankruptcy Act and therefore excepted from the benefits of the act. Held, that when Congress used the words "insurance corporation" in the Bankruptcy Act, it meant a corporation authorized by the law of its creation to do an insurance business. As Congress knew that the various States had authorized the formation of fraternal benefit societies, described as such in enabling statutes, when Congress passed this statute …
The Licensing Of Professions In West Virginia, Julius Cohen
The Licensing Of Professions In West Virginia, Julius Cohen
West Virginia Law Review
No abstract provided.
Constitutional Law - Oil And Gas - Validity Of Well-Spacing Act - Proportionate Sharing Of Proceeds By Owners Of Land In Statutory Drilling Unit, Leonard D. Verdier Jr.
Constitutional Law - Oil And Gas - Validity Of Well-Spacing Act - Proportionate Sharing Of Proceeds By Owners Of Land In Statutory Drilling Unit, Leonard D. Verdier Jr.
Michigan Law Review
Acting under the Well-Spacing Act, the Corporation Commission of Oklahoma divided certain rural oil areas into tenacre drilling units. Plaintiff owned six and one-quarter acres of a drilling unit, and the well, located in the center of the unit, was wholly on his land. The statute provided that each of the various owners of tracts making up a drilling unit should share in the oil royalties in the proportion that the acreage of his tract bore to the total acreage of the drilling unit. Plaintiff sought to recover all the royalty on oil produced from the well, contending that the …
The Judiciary Amendment, Leo Carlin
The Judiciary Amendment, Leo Carlin
West Virginia Law Review
The object of this commentary is twofold: first, to present to the public--particularly the legal public-a complete copy of the revision of Article VIII of the West Virginia Constitution dealing with courts and their personnel, as proposed by the Legislative Interim Committee and as finally approved, with amendments, by the Legislature; second, to call attention, as briefly as practicable, to the substantial changes which the redraft makes in the present Constitution.