Law Commons^™

Civil Procedure - Compensation Of Witnesses In A Civil Action, David W. Belin S.Ed.

Michigan Law Review

As the amount and complexity of litigation has increased, there have been corresponding increases in demands for added compensation of witnesses. Like the juror, the witness often receives the time-honored answer that he cannot be heard to complain that his compensation is inadequate; the administration of justice is a mutual benefit to all members of the community, and each is under a public duty to further it.

At common law witnesses received no compensation. Time spent in testifying was held to be claimed by the public as a tax, paid by the witness to the system of law which protected …

Civil Procedure - Judgments - Res Judicata Effect Of Declaratory Judgments, Robert G. Russell S.Ed..

Michigan Law Review

In a former action brought pursuant to the Colorado Declaratory Judgment Act, plaintiff was declared to have the right to use a certain roadway as dedicated and defendant was enjoined from interfering with or obstructing plaintiff's use of the same. Thereafter, plaintiff brought the present action to recover damages allegedly resulting from defendant's blockading of the road prior to the bringing of the former action. On appeal from a judgment for plaintiff, held, reversed. Where, as here, the damages were antecedent and might with propriety have been determined in the same proceeding in which the declaratory judgment alone was …

Corporations - Shareholders - Right To Bring Derivative Action For Treble Damages Under Antitrust Laws, William K. Davenport S.Ed.

Michigan Law Review

Plaintiff, owner of 50 percent of the stock in a theater corporation, brought a derivative action in federal court for treble damages for loss of profits allegedly suffered from defendant's violation of the antitrust laws. The district court sustained defendant's motion to dismiss. On appeal to the court of appeals, held, reversed and remanded. Under the new federal rules, a stockholder may bring a derivative action for treble damages under the antitrust laws. Fanchon & Marco, Inc. v. Paramount Pictures, Inc., (2d Cir. 1953) 202 F. (2d) 731.

Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..

Michigan Law Review

A wife sued for the wrongful death of her husband, which was allegedly caused by a nonresident defendant's negligent operation of his automobile on a Wisconsin highway while the plaintiff's husband was a passenger therein. Service of process was made on the Commissioner of the Motor Vehicle Department in Wisconsin, and copies of the summons and complaint were mailed to defendant in Illinois in accordance with the Wisconsin nonresident motorist statute. Shortly thereafter, before a judgment was rendered, defendant died. Plaintiff sought to revive the action against defendant's administrator by serving notice of the filing of a petition for revival …

A Civil Action: From Pleading To Opening Of Trial, By Hubert Hickman, Cleon H. Foust Jr.

Indiana Law Journal

No abstract provided.

Fraenkel V. Bank Of America Nat'l Trust & Sav. Asso. [Dissent], Jesse W. Carter

Jesse Carter Opinions

It was an abuse of discretion for the trial court to deny the contractor leave to amend his complaint because the complaint was susceptible of amendment to set forth the factors necessary to show that contractor was not required to have a license.

In Re Los Angeles County Pioneer Soc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Los Angeles County Pioneer Society and Harry Lelande, a member thereof, appeal separately from an order appointing the Historical Society of Southern California trustee of all property in the possession of Pioneer. The order was entered after the trial court determined that Pioneer held its property for charitable purposes, that Pioneer had repudiated its trust, and that appointment of Historical as trustee. was necessary to carry out the purposes of the trust. We have concluded that the order is amply supported by the evidence and must be affirmed.

Parker V. Bowron [Dissent], Jesse W. Carter

Jesse Carter Opinions

Individual's writ of mandate was properly dismissed because it was apparent that he and the others noted in the caption and complaint had no direct interest in the action and that no benefit could have accrued to them from its performance.

May V. Board Of Directors, Jesse W. Carter

Jesse Carter Opinions

The owner of bonds issued by an irrigation district was not entitled to relief in aid of writ of mandamus, compelling the district board of directors to comply with a previous writ ordering the board to levy an assessment on lands to pay her bonds.