Law Commons^™

Judgments-Contribution-Res Judcata

Michigan Law Review

Where an action is brought against two persons as joint tortfeasors, and one or both are held liable to the plaintiff, is the judgment res judicata in a subsequent action between the codefendants for contribution?

In American Motorists Insurance Co. v. Vigen, and General Casualty Co. of Wisconsin v. Golob, two persons were sued together as joint tortfeasors in a personal injury action. Judgment was rendered in favor of one defendant and against the other defendant. The unsuccessful defendant paid the judgment and then brought an action against his successful codefendant for contribution, and sought to establish a …

Recent Decisions, Michigan Law Review

Michigan Law Review

The recent decisions consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Federal Courts - The Scope Of The Review Of Interlocutory Orders And Decrees Under Section 129, As Amended, Of The Federal Judicial Code, Gerald M. Lively

Michigan Law Review

In early English appellate practice, the appealability of orders and decrees from a court of equity turned upon a single arbitrary test-whether or not they were enrolled. If an order or decree of the chancellor was enrolled, an appeal could be taken. But in the United States the case was different. In considering whether or not an order or decree could be appealed from, the appellate court looked to see whether it was interlocutory or final, and it was only the latter which could be appealed. Thus in the United States if it is found desirable to have an appeal …

Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review

Michigan Law Review

Plaintiff, a New York corporation, was trustee under a mortgage deed to secure a bond issue executed by A, an Indiana corporation, in 1902. In 1906, B, an Indiana corporation, was formed, its franchise providing, inter alia, that after the expiration of twenty-five years, the company should be wound up and its property conveyed to C, the city of Indianapolis, subject to B's "outstanding legal obligations." In 1913, A leased all of its plant property to B for a term of ninety-nine years, B agreeing to pay as rental the interest on A's outstanding bonded …

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …

Transactions Of The Supreme Court Of The Territory Of Michigan: A Review, Francis S. Philbrick

Michigan Law Review

Of the colonial documents that record the legal origins of our original states, those of Maryland have been published in relatively generous but still inadequate number, while collections for other states are still scantier. A sampling is all that a multiplicity of destructive agents have left us as a possibility. The hope, however, has recently become permissible that an awakened interest among lawyers may secure us, for publication, an expert sampling in place of that made by fire, vermin, mould, and official neglect in leaving us the records still surviving, and that lawyers may also give us proper editions of …

Public Officers - Liability Of Federal Officers For Quasi-Judlcial Acts, Arthur M. Hoffeins

Michigan Law Review

Plaintiff sought to withdraw a registration statement which he had filed with the Securities and Exchange Commission. The commission denied him the right to do so and applied for a court order to enforce a previously issued subpoena to compel the plaintiff to appear before it and to produce books relating to the registration statement. After the Supreme Court had upheld the plaintiff's right to withdraw the statement, he brought an action for damages against the members of the commission for malicious prosecution, libel and slander, etc., alleging in addition that the defendants had acted maliciously and in bad faith. …

Injunctions - When Enforcement Of Judgment Will Be Enjoined For Fraud Consisting Of Perjury, Michigan Law Review

Michigan Law Review

Plaintiffs sought a permanent injunction against the procurement by defendant. of a judgment upon a workmen's compensation award, on the ground that defendant had obtained the award through the perjured testimony of himself and his witnesses. The false testimony was claimed to be a fraud upon the department of labor and industry as well as upon the plaintiffs. The lower court dismissed the bill as failing to state a cause of action. Held, dismissal affirmed since perjury is an intrinsic fraud, and equitable relief will not be given. Fawcett v. Atherton, 298 Mich. 362, 299 N. W. 108 …

Parties To Administrative Proceedings, Paul Oberst

Michigan Law Review

It is the purpose of this article to examine the statutory provisions, and the regulations and practices of the federal agencies, dealing with the rights of third persons, along with the relevant judicial decisions. The rights of third persons to notice, to participation in the hearing, and to appeal will be considered in turn. In general, the ultimate purposes of an administrative hearing are to inform the agency, to serve as a check upon arbitrary action, and to enable the individuals who will be affected by the decision to confront their opponents and to present their case in its best …