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- Federal Rules of Civil Procedure (4)
- Venue (4)
- Discovery (2)
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- Procedure (2)
- Administration of justice (1)
- Admissibility of evidence in federal court (1)
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- Baltimore & O.R. Co. v. Kepner (1)
- Bankers Life and Casualty Co. v. Holland (1)
- Bata v. Bata (1)
- Bowie v. Sorrell (1)
- Central Pub. Co. v. Wittman (1)
- Choice of venue (1)
- Civil Practice Act (1)
- Civil procedure (1)
- Co-conspirators (1)
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Articles 1 - 30 of 45
Full-Text Articles in Law
Federal Procedure - Venue - Right Of Alien Under Diversity Of Citizenship Clause Of 28 U.S.C. § 1391 (A), Richard M. Adams
Federal Procedure - Venue - Right Of Alien Under Diversity Of Citizenship Clause Of 28 U.S.C. § 1391 (A), Richard M. Adams
Michigan Law Review
Plaintiff, a citizen of France and resident of New York City, sought a declaratory judgment and restraining order against several defendants residing in different states. On the theory that a suit involving a citizen of France and citizens of the United States constituted "diversity of citizenship" under 28 U.S.C. § 1391 (a), and therefore could be brought where all of the plaintiffs or all of the defendants resided, the action was laid in the federal district court of New York where the plaintiff resided. Defendant moved for dismissal on the ground that this was "alienage," not "diversity of citizenship" as …
Federal Procedure - Juries - Attacking Release For Fraud In Action At Law, James W. Beatty S.Ed.
Federal Procedure - Juries - Attacking Release For Fraud In Action At Law, James W. Beatty S.Ed.
Michigan Law Review
Plaintiff brought an action to recover damages for personal injuries. Defendant filed an answer and asserted that plaintiff had executed a release in full for all claims against the defendant. In his reply plaintiff admitted that he had executed the release, but claimed that it was obtained by fraud on the part of the defendant. The district court granted defendant's motion to deny a jury trial on the ground that the matter of determining the validity of a release was properly cognizable in equity and that therefore plaintiff was not entitled to a jury trial on this issue. On appeal …
Civil Procedure - Venue - Forum Non-Conveniens, Richard S. Weinstein S.Ed.
Civil Procedure - Venue - Forum Non-Conveniens, Richard S. Weinstein S.Ed.
Michigan Law Review
Plaintiff, an Indiana corporation not authorized to do business in New York, brought an action in New York, aided by attachment, against Indiana residents on a contract that was made, was to be performed, and allegedly was breached in Indiana. On the basis of the doctrine of forum non conveniens the defendants moved to vacate the warrant of attachment and to dismiss the complaint. The lower court denied the motion. On appeal, held, reversed. Under the doctrine of forum non conveniens, the lower court should have exercised its discretion to refuse to entertain the action. Central Pub. Co. vs. …
Civil Practice—Statute Of Limitations, Gerard R. Haas
Civil Practice—Statute Of Limitations, Gerard R. Haas
Buffalo Law Review
Hornblower & Weeks v. Sherwood, 307 N. Y. 204, 120 N. E. 2d 790 (1954).
Civil Practice—Evidence-Estoppel, Gerard R. Haas
Civil Practice—Evidence-Estoppel, Gerard R. Haas
Buffalo Law Review
Switzer v. Aldrich, 307 N. Y. 56, 120 N. E. 2d 159 (1954).
Civil Practice—Service On Corporations, Gerard R. Haas
Civil Practice—Service On Corporations, Gerard R. Haas
Buffalo Law Review
Sease v. Central Greyhound Lines of New York, 306 N. Y. 284, 117 N. E. 2d 899 (1954).
Civil Practice—Declaratory Judgments, Gerard R. Haas
Civil Practice—Declaratory Judgments, Gerard R. Haas
Buffalo Law Review
Garvin v. Garvin, 306 N. Y. 118, 116 N. E. 2d 73 (1953).
Civil Practice—Res Judicata, Gerard R. Haas
Civil Practice—Res Judicata, Gerard R. Haas
Buffalo Law Review
Slater v. Gulf, Mobile & Ohio R. Co., 307 N. Y. 419, 121 N. E. 2d 398 (1954).
Civil Practice—Joinder Of Parties, Gerard R. Haas
Civil Practice—Joinder Of Parties, Gerard R. Haas
Buffalo Law Review
Carruthers v. Jack Waite Mining Co., 306 N. Y. 136, 116 N. E. 2d 286 (1953).
Civil Practice—Jurisdiction Of The Supreme Court, Gerard R. Haas
Civil Practice—Jurisdiction Of The Supreme Court, Gerard R. Haas
Buffalo Law Review
Psaty v. Duryea, 306 N. Y. 413, 118 N. E. 2d 584 (1954).
Civil Practice—Third-Party Practice, Gerard R. Haas
Civil Practice—Third-Party Practice, Gerard R. Haas
Buffalo Law Review
Dick v. Sunbright Steam Laundry, 307 N. Y. 422, 121 N. E. 2d 399 (1954).
Civil Practice—Suit Against Unincorporated Associations, Gerard R. Haas
Civil Practice—Suit Against Unincorporated Associations, Gerard R. Haas
Buffalo Law Review
Flagg v. Nichols, 307 N. Y. 96, 120 N. E. 2d 513 (1954).
Procedural Reform And The Achievement Of Justice, Harold R. Medina
Procedural Reform And The Achievement Of Justice, Harold R. Medina
Washington and Lee Law Review
No abstract provided.
Kesler V. Pabst [Dissent], Jesse W. Carter
Kesler V. Pabst [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment for driver in suit for damages sustained in car accident was proper as husband was contributorily negligent, his negligence was imputed to wife, and she could not convert community property into separate property after cause accrued.
Amendments To The Federal Rules: The Function Of A Continuing Rules Committee, Charles A. Wright
Amendments To The Federal Rules: The Function Of A Continuing Rules Committee, Charles A. Wright
Vanderbilt Law Review
No development in American procedural history in the last century has exceeded in importance the adoption by the United States Supreme Court in 1938 of the Federal Rules of Civil Procedure. These rules, the product of a distinguished Advisory Committee, introduced a system and a philosophy differing as markedly from the code pleading then in vogue as code pleading, in its day, had differed from common-law pleading. This new system has worked well in the federal courts, so well indeed as to stimulate a reexamination of procedure in many of the states, with nearly a dozen jurisdiction shaving already adopted …
Scope Of Discovery Against The United States, Mac Asbill, Willis B. Snell
Scope Of Discovery Against The United States, Mac Asbill, Willis B. Snell
Vanderbilt Law Review
In the interpretation and application of the discovery provisions of the Federal Rules of Civil Procedure, one of the most controversial problems is the extent to which discovery is available against the United States when it is a party to an action. Undeniably, the Government is entitled to use the discovery procedures, and it has not hesitated to do so; however, it has often fought vigorously the use of the same procedures against it. At one time the Government argued unsuccessfully that it was entirely exempt from the discovery provisions of the Rules. It has apparently abandoned this argument, but …
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Michigan Law Review
With one exception the cases decided in the federal courts under the Federal Rules of Civil Procedure have held that the plaintiff is free to plead a counterclaim in the reply, although in every instance the counterclaim in the reply under consideration was one related to the subject matter of the counterclaim pleaded in the defendant's answer.
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Michigan Law Review
The expansion of the law of conspiracy and the increasing number of prosecutions for its violation have been much commented on lately. Many kinds of anti-social conduct directed principally against the public welfare are now frequently punished by prosecution for conspiracy instead of prosecution for the substantive offense. Conspiracy is an ideal way to deal with organized crime and has been used extensively against quasi-treasonous activities. Similarly the Sherman Act's criminal sanctions are primarily couched in terms of conspiracy and the civil conspiracy action for divestiture or dissolution is the usual method of enforcing the antitrust laws. This emphasis on …
Venue--Nonresident Motorist Statute, A. J. B.
Venue--Nonresident Motorist Statute, A. J. B.
West Virginia Law Review
No abstract provided.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Michigan Law Review
In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …
Rule 43(A) And The Communication Privileged Understate Law: An Analysis Of Confusion, George W. Pugh
Rule 43(A) And The Communication Privileged Understate Law: An Analysis Of Confusion, George W. Pugh
Vanderbilt Law Review
What rules govern the admissibility of evidence in federal court? Rule 43 (a) purports to provide the answer with respect to cases falling within the ambit of the Federal Rules of Civil Procedure.' Is the Rule working satisfactorily, or should it now be abandoned in favor of a new and different solution? The problem thus presented is broad and pervasive. A definitive answer will not be attempted in this paper. Instead, the writer proposes to give only a general discussion of the broader aspects of the Rule, and to limit analysis of the cases to a very restricted area--the meaning …
Some Bugaboos In Pre-Trial, Alfred P. Murrah
Some Bugaboos In Pre-Trial, Alfred P. Murrah
Vanderbilt Law Review
In view of all that has been written and said for pre-trial conference,' it seems rather superfluous, if not presumptuous, to undertake to add to or enlarge upon the subject. Indeed, it might be efficacious to heed Judge Clark's suggestion that the procedural cause would be better served "if something could be done to stop us judges ... from publishing what we say" about the Rules. But even at the risk of overstating the case, those who have enlisted for the duration' never forego an opportunity to strike a blow on the side of simplified procedure. Pre-trial practice has been …
The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
Vanderbilt Law Review
If there is any proposition upon which teachers of procedure seem to agree it is that the Federal Rules ought to be a focal point of interest in the study of their subject. Most casebooks on general procedure published in recent years emphasize their concentration upon the Federal Rules: Vanderbilt's Cases on Modern Procedure and Judicial Administration, Field and Kaplan's Materials on Civil Procedure, Brown, Vestal and Ladd's Cases and Materials on Pleading and Procedure, to mention only a few. And when older casebooks, like Scott and Simpson's Cases and Other Materials on Civil Procedure or Clark's Cases on Modern …
Damages, Alice D. Hubbard, Richard K. Quinn
Damages, Alice D. Hubbard, Richard K. Quinn
Washington Law Review
Covers cases on the duty of the trial judge to award nominal damages after a finding of substantial damage (Hubbard) and on the recovery for value of good will in the conversion of business property (Quinn).
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.
Michigan Law Review
Plaintiff brought a negligence action for injuries sustained when the automobile in which she was a passenger collided with that operated by the defendant. Defendant questioned a police officer, who had filed the accident report, concerning statements made to him by the driver of the vehicle in which the plaintiff was riding. The trial court permitted this testimony over the plaintiff's objection that these statements were privileged under an Iowa statute purporting to make written accident reports confidential and inadmissible in evidence. On appeal after a verdict was returned in favor of the defendant, held, reversed. The statute can …
Federal Procedure-Mandamus-Review Of Federal District Court Order Of Severance And Transfer Pursuant To 28 U.S.C. §1406 (A), Judson M. Werbelow S.Ed.
Federal Procedure-Mandamus-Review Of Federal District Court Order Of Severance And Transfer Pursuant To 28 U.S.C. §1406 (A), Judson M. Werbelow S.Ed.
Michigan Law Review
Petitioner instituted a treble damage suit alleging violation of the antitrust laws in the Federal District Court for the Southern District of Florida, naming the insurance commissioner of Georgia, the insurance commissioner of Florida, and four insurance companies residing and doing business in the Southern District of Florida as defendants. The Georgia insurance commissioner, who was personally served in the Northern District of Florida, entered a special appearance to dismiss the action for improper venue. Petitioner contended that the Georgia commissioner was "found or has an agent" in the Southern District of Florida on the theory that co-conspirators are each …
Treu V. Kirkwood [Dissent], Jesse W. Carter
Treu V. Kirkwood [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a case where the evidence was not clearly persuasive in favor of either party, and where there was no indication as to the appraisal of the evidence by the trial court, the court reversed the judgment of the lower court for a new trial.
Interpleader—Test Of Mutually Exclusive Claims, Donald J. Holzman
Interpleader—Test Of Mutually Exclusive Claims, Donald J. Holzman
Buffalo Law Review
Norman v. Oakland Golf Club, 282 App. Div. 960, 125 N. Y. S. 2d 859 (2d Dep't 1953).
Bender’S Federal Practice Forms. Edited By Louis R. Frumer., David R. Kochery
Bender’S Federal Practice Forms. Edited By Louis R. Frumer., David R. Kochery
Buffalo Law Review
No abstract provided.
Execution—Wife Of Judgment Debtor In Contempt For Violation Of Restraining Provision Of C.P.A. § 781, Gerard Ronald Haas
Execution—Wife Of Judgment Debtor In Contempt For Violation Of Restraining Provision Of C.P.A. § 781, Gerard Ronald Haas
Buffalo Law Review
Matter of Sverd v. Mostel, 283 App. Div. 128, 126 N. Y. S. 2d 426 (1st Dep't 1953).