Law Commons^™

Interpleader--Statutory Construction--Party Defendant, W. A. K.

West Virginia Law Review

No abstract provided.

Pleading And Practice--Writ Of Error--Special Bill Of Exceptions--Specification Of Error, H. G. U.

West Virginia Law Review

No abstract provided.

Joint Tortfeasors In Tennessee And The New Third-Party Statute, Robert W. Sturdivant

Vanderbilt Law Review

Chapter 145 of the 1955 Public Acts' enacted by the Tennessee Legislature, purporting in some degree to permit a third-party action, has evoked considerable interest among members of the Tennessee Bar and liability insurance carriers.

The act provides that when a defendant deems some other party primarily liable to the plaintiff, then the defendant may file a cross action against the third party. It will be recalled that when the Federal Rules of Civil Procedure were first promulgated, Rule 14 provided that a defendant, deeming a third party liable to himsel for to the plaintiff, could make such third party …

Federal Procedure - Jurisdiction - Appeal From Judgment On Some Of Several Multiple Claims Under Rule 54(B), Lawrence N. Ravick S.Ed.

Michigan Law Review

Plaintiff filed a complaint in a federal district court alleging in six counts that defendant was engaged in unfair competition against business ventures carried on by the plaintiff. The defendant filed a motion to dismiss the complaint. The court ordered two counts to be stricken, found that there was no just reason for delaying the final determination of the issues raised by these counts, and directed that judgment be entered thereon against the plaintiff. The plaintiff appealed and the defendant moved to dismiss the appeal on the ground that the order and judgment appealed from was not a final or …

Federal Procedure - Venue - Interpretation Of Section 1404(A) In Cases Arising Under The Federal Employers' Liability Act, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Three petitioners instituted separate suits in the United States District Court for the Eastern District of Pennsylvania under the provisions of the Federal Employers' Liability Act, for injuries received in the derailment of a train in South Carolina. The cases were transferred to the Eastern District of South Carolina under the provisions of section 1404 (a), title 28, U.S.C. Because of a court of appeals ruling that orders for transfer were not appealable, petitioners sought mandamus to compel the district judge to set aside his orders for transfer. The court of appeals denied the applications. On certiorari to the United …

Federal Procedure - Interlocutory Appeals - Appealability Of Stay Of Proceedings Under Section 1292 Of The Judicial Code, Lawrence W. Sperling S.Ed.

Michigan Law Review

Plaintiff brought an action for an accounting of the profits of a joint adventure. The defendant moved to stay proceedings pending arbitration pursuant to section 3 of the United States Arbitration Act. This motion was denied and defendant appealed the ruling, claiming as justification for the appeal that an interlocutory order denying a stay was a denial of an injunction under section 1292 of the Judicial Code. The court of appeals dismissed the appeal. On certiorari to the Supreme Court, held, affirmed, two justices dissenting. A stay of proceedings in a suit where plaintiff's action is equitable in nature …

Civil Procedure And Evidence—Corporation As A Citizen, Joseph Mintz

Buffalo Law Review

Oneida County Forest Preserve v. Wehle, 309 N. Y. 152, 128 N. E. 2d 282 (1955).

Civil Procedure And Evidence—Prima Facie Case, Joseph Mintz

Buffalo Law Review

Sagorsky v. Malyon, 307 N. Y. 584, 123 N. E. 2d 79 (1955).

Civil Procedure And Evidence—Res Judicata, Joseph Mintz

Buffalo Law Review

Maflo Holding Corp. v. S. J. Blume Inc., 308 N. Y. 570, 127 N. E. 2d 558 (1955).

Civil Procedure And Evidence—Declaratory Judgment, Joseph Mintz

Buffalo Law Review

Jacob Goodman & Co. v. New York Tel. Co., 309 N. Y. 258, 128 N. E. 2d 408 (1955).

Civil Procedure And Evidence—Statute Of Limitations—Malpractice, Raymond Ettlinger

Buffalo Law Review

Robins v. Finestone, 308 N. Y. 543, 127 N. E. 2d 330 (1955).

Civil Procedure And Evidence—Proof Of Consideration, Joseph Mintz

Buffalo Law Review

Ruegg v. Fairfield Securities Corp., 308 N. Y. 313, 125 N. E. 2d 585 (1955).

Civil Procedure And Evidence—Appeal, Joseph Mintz

Buffalo Law Review

Arbitration between Republique F., etc., 309 N. Y. 269, 128 N. E. 2d 750 (1955).

Civil Procedure And Evidence—Statute Of Limitations—Constructive Trust, Joseph Mintz

Buffalo Law Review

Scheuer v. Scheuer, 308 N. Y. 447, 126 N. E. 2d 555 (1955).

Civil Procedure And Evidence—Charge Limiting Use Of Evidence, Joseph Mintz

Buffalo Law Review

Fred W. Hoch Assoc. v. Western News Union, 308 N. Y. 461, 126 N. E. 2d 749 (1955).

Civil Procedure And Evidence—Lis Pendens, Joseph Mintz

Buffalo Law Review

Israelson v. Bradley, 308 N. Y. 511, 127 N. E. 2d 313 (1955).

Civil Procedure And Evidence—Deposit In Lieu Of Bail, Joseph Mintz

Buffalo Law Review

Chancer v. Chancer, 308 N. Y. 204, 124 N. E. 2d 283 (1955).

Civil Procedure And Evidence—Dead Man Statute, Joseph Mintz

Buffalo Law Review

Duncan v. Clarke, 308 N. Y. 282, 125 N. E. 2d 569 (1955).

Inadequacies Of Joinder Provisions In Indiana And The Need For Reform

Indiana Law Journal

No abstract provided.

Pauly V. King [Dissent], Jesse W. Carter

Jesse Carter Opinions

A contractor and subcontractor were not liable for injuries sustained in a fall by another subcontractor's roofing employee who failed to exercise reasonable care, and a new trial was not warranted because jury instructions were unambiguous.

Practice And Procedure, William G. Viert

Washington Law Review

Covers cases on consideration of inconsistent testimony by the same witness, on noting actions for trial or hearing, effect of a stipulating party who will testify as alleged, when a party may use his own deposition and has no right to examine an adverse party at trial who resides outside a prescribed area, on violations of rules on appeal, and on changes in rules on appeal.

Procedure - Immunity Of Non-Resident Witness From Service Of Civil Process, George Ervin Dail

William and Mary Review of Virginia Law

No abstract provided.

Damages, Layton A. Power

Washington Law Review

Covers cases on damages for private nuisances and on interest on disputed claims.

Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There Is Diversity Of Citizenship Between Claimant And Insurer But Not Between Claimant And Wrongdoer, William R. Jentes

Michigan Law Review

Plaintiff, a citizen of Louisiana, was injured in an automobile accident allegedly caused by the negligence of another citizen of Louisiana. Defendant insurance company, an Illinois corporation, had issued a public liability policy insuring the latter against claims arising from the negligent operation of his car. Pursuant to a Louisiana statutory provision that "the injured person or his or her heirs, at their option, shall have a right of direct action . . . against the insurer alone or against both the insured and the insurer, jointly and in solido,'' respondent brought an action against the petitioner alone in the …

Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan

Michigan Law Review

Concepts, Benjamin Cardozo has said, "are useful, indeed indispensable, if kept within their place. We will press them quite a distance. . . . A time comes, however, when the concepts carry us too far, or farther than we are ready to go with them, and behold, some other concept, with capacity to serve our needs is waiting at the gate. 'It is a peculiar virtue of our system of law that the process of inclusion and exclusion, so often employed in developing a rule, is not allowed to end with its enunciation, and that an expression in an opinion …

Civil Procedure - Process - Amendment When A Partnership Is Served As A Corporation, Donald W. Shaffer

Michigan Law Review

Plaintiff instituted a negligence action for personal injuries by serving a summons and complaint on one Moriarty as an officer of Moriarty Manufacturing Company, intending thereby a substituted service on this company. Plaintiff believed the named firm to be a corporation, but it was in fact a partnership of which Moriarty was a member. There was no appearance or answer. Two and one-half years after the initial service, an amended summons and complaint were served on all of the partners. In answer, defendants pleaded a two-year statute of limitations and moved for a summary judgment, which was granted. On appeal, …

Federal Procedure—Appealability Of Denial Of Motion For Summary Judgment, Leonard F. Walentynowicz

Buffalo Law Review

Federal Glass Co. v. Loshin, 217 F. 2d 936 (2d Cir. 1954).

Statute Of Limitations—Licensed Foreign Corporation Held Non-Resident Under C.P.A. § 13, James R. Lindsay

Buffalo Law Review

American Lumbermen's Mutual Casualty Co. of Illinois v. Cochrane, 284 App. Div. 884, 134 N. Y. S. 2d 473 (1st Dep't 1954).

Conflict Of Jurisdiction: 28 U.S.C. § 2283 And Exclusive Federal Jurisdiction, David R. Kochery

Buffalo Law Review

No abstract provided.

Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr.

Michigan Law Review

The six states in this group present some very special cases. They range from an original colony to Florida and Texas, which were admitted to statehood in 1845. National rank in population varies from sixth (Texas) to twenty-sixth (Mississippi) with the average almost within the top one-third. As to increase of population, the mean is close to the national figure of fifteen percent. That statement needs qualification, however, since Florida increased 46 percent and Texas 20 percent, whereas Mississippi had an actual loss of two percent. No docket delay of more than six months is found anywhere except in Texas, …