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Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Michigan Law Review
By far the oldest of the common law devices for taking a case away from a jury is the demurrer upon evidence. A reported instance of its use appears as early as 1456.
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Michigan Law Review
Appellee, the United States government, by a proceeding in rem, sought to condemn two shipments of canned oysters packed by appellant, the C. C. Company, under the Federal Food, Drug and Cosmetic Act, on the ground that the oysters were wholly or partially decomposed. The district court found for the appellee on conflicting evidence of experts, and appellant appealed to the Circuit Court of Appeals for the Fifth Circuit. On the theory that procedure on appeal should conform to appeals in admiralty, the circuit court of appeals reviewed the whole case de novo, reversed the district court on the ground …
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Michigan Law Review
Petitioner applied to a specific district court judge for a writ of habeas corpus. Following the practice of the court of which he was a member, this judge filed the petition with the clerk of the court, and it was assigned to a second judge, who denied the petition. From this decision petitioner appealed. Two questions were raised (1) whether a writ of habas corpus should be granted; and (2) whether it is mandatory that a petition of habeas corpus addressed to a specific judge of the district court be heard and determined by that judge to the exclusion of …
Trial Procedure-Note Taking By Jurors-Misconduct Of Court In Instructing Jury To Take Notes Over Objections Of Litigants, Craig E. Davids S.Ed.
Trial Procedure-Note Taking By Jurors-Misconduct Of Court In Instructing Jury To Take Notes Over Objections Of Litigants, Craig E. Davids S.Ed.
Michigan Law Review
Plaintiff suffered injuries by stepping into a hole on the sidewalk of defendant city. After a jury had been impaneled and sworn in the trial of the cause, the court, without the request of either litigant and over their objections, suggested to the jurors that they might take notes on the evidence presented, furnishing them with the necessary materials and instructing them as to how they should be kept during the progress of the trial. The trial court awarded judgment for defendant. The court of appeals, however, reversed the decision of the lower court and granted a new trial, holding …