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Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.
Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.
Michigan Law Review
In an action on an express contrast, plaintiff sued for $1750, representing the agreed 5 per cent commission on the sale of real estate. Defendant denied the validity of the contract, and there was no issue as to the amount of liability if liability existed. The instruction to the jury was that plaintiff was entitled to 5 per cent commission if entitled to recover. The jury returned a verdict for $875, half the amount claimed. Defendant's motion for a new trial was denied. Held, although the verdict was unauthorized as to plaintiff, there was no error as to defendant …
Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed.
Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed.
Michigan Law Review
Third-party practice as originally adopted by the Federal Rules of Civil Procedure was one of the bolder steps in the direction of integrated and complete litigation of all phases of a transaction. One of the principal problems that was forseen by the commentators and that has in fact developed in the cases is the jurisdictional limitation of the federal courts where no federal question is involved, and jurisdiction depends on diversity of citizenship or alienage. Rule 82 is explicit in stating that the Rules should be interpreted so as not to extend or limit the jurisdiction of the district courts. …