Law Commons^™

Appeal And Error-Final Disposition Of Equitable Action On Appeal

Indiana Law Journal

No abstract provided.

Courts--Equitable Enforcement Of Foreign Alimony Decree, Bonn Brown

West Virginia Law Review

No abstract provided.

The Right To Comment On The Failure Of The Defendant To Testify, Andrew A. Bruce

Michigan Law Review

In 1931 the American Law Institute adopted a resolution to the effect that "The judge, the prosecuting attorney and counsel for the defense may comment upon the fact that the defendant did not testify."

In the same year the American Bar Association resolved: "That by law it should be permitted to the prosecution to comment to the jury on the fact that a defendant did not take the stand as a witness; and to the jury to draw the reasonable inferences."

Criminal Law And Procedure - Preliminary Examination

Michigan Law Review

A statute provided: "No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor as provided by law before a magistrate, unless such person shall waive such right. . . . " The defendant was complained against before a magistrate on a charge of grand. larceny. The magistrate refused to hold the accused on such charge but held him to answer on a charge of receiving stolen property. The prosecutor filed an information charging grand larceny. The defendant moved to quash the information on the ground that he had had …

Convicting The Innocent, By Edwin M. Borchard, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

Comment Upon Failure Of Accused To Testify, Robert P. Reeder

Michigan Law Review

Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …

Trial Practice-Waiver Of General Verdict And Agreement To Submission On Special Interrogatories

Michigan Law Review

By agreement of the parties, this case was submitted to the jury on six special interrogatories, a general verdict being waived, and judgment was rendered on the answers so given. The appellate court, in reviewing the case, held, in Central Loan and Investment Co. v. Loiseau, that the legal effect of this agreement was a waiver of trial by jury, except for the specific questions submitted, and that findings of fact should have been made by the judge on all issues other than those specifically found by the jury. These findings were held necessary to support a judgment, …

Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States

Michigan Law Review

It has long been accepted that a court of equity, acting in personam, can enjoin one over whom it has jurisdiction from bringing an action in a foreign tribunal. A nice question is presented when an effort is made to determine on what occasions the court will exercise that power. It is frequently said that it will be exercised but sparingly, and then only where a clear equitable right is established by the petitioner. This, in spite of the strong language commonly accompanying such statements, is no more than that which the court requires for the issuance of any …

Limiting Jurisdiction Of Federal Courts-Pending Billscomment By Members Of Chicago University Law Faculty

Michigan Law Review

At the time the last session of Congress adjourned four important bills affecting the jurisdiction of federal district courts were being considered. The Norris-La Guardia bill would abolish the jurisdiction of federal district courts in suits of a civil nature "between citizens of different states." The Attorney General's bill would not eliminate any of the language of the first paragraph of section 24 of the Judicial Code but would add a provision that a foreign corporation carrying on business in a state other than the one wherein it was organized shall be treated as a citizen of the state wherein …

Equity-Injunction Against Criminal Proceedings

Michigan Law Review

The possessor of certain slot machines filed a bill in equity to enjoin police interference with their operation. Although the machines, as operated, sold mints for each coin played and occasionally vended tokens which allegedly had no exchange value, they could be changed, by the removal of a pin, into an actual gambling device. The court held in Chambers v. Bachtel, that the bill should be dismissed.

Pleading-How To Raise The Issue Of Payment

Michigan Law Review

On rehearing in an action on contract for money two questions were presented to the court, to wit: first, is an allegation of non-payment essential in order that this complaint might state a cause of action; and second, can the issue of payment be raised by the defendant's general denial? Held, in Hughes v. Wachter an allegation of non-payment is necessary in the complaint, and the defendant may prove payment under a general denial.

Should Record In A Court Of Last Resort Consist Only Of The Opinion In The Intermediate Appellate Court?, Joseph M. Cormack

Popular Media

No abstract provided.

Cardozo And The Supreme Court, Samuel Jackson

Indiana Law Journal

No abstract provided.

Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss

Michigan Law Review

The Judicial Code provides, in section 265, that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State," except where authorized by the Bankruptcy Act. This provision, minus the bankruptcy exception, first appeared in an act of 1793, amending the Judiciary Act of 1789. We know next to nothing of the parliamentary history of this statute. We do, however, know that the basic political issue in the framing of the Constitution was that of states' rights, the question how far the new government should be a …

Bankruptcy-Secured Debts-Jurisdiction Of State Courts

Indiana Law Journal

No abstract provided.

Bailments-Nature Of Relationship-Duty Of Bailee

Indiana Law Journal

No abstract provided.

English Criminal Prosecutions, John B. Waite

Michigan Law Review

A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.

Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger

Michigan Law Review

On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."

Patents - Option Of The Court To Permit Contempt Proceedings Or To Require A New Suit

Michigan Law Review

A final injunction was issued by the federal district court of Massachusetts against A, a Michigan corporation. The terms of the injunction were that A should not make, use, or sell lasts, or any colorable imitation thereof, embodying the invention covered by certain enumerated claims belonging to the present complainant. In a subsequent term of court the complainant alleged a violation of the injunction and brought contempt proceedings against A in the district court. The alleged infringement consisted in the manufacture and sale of a device which was slightly changed in form from that which the defendant had made prior …

Trial Practice - Questioning On Voir Dire As To Relation To Insurance Company

Michigan Law Review

Plaintiff's counsel was permitted, over the objection of defendant's counsel, to ask on voir dire examination whether the jurors or the members of their families were stockholders in any insurance company. Held, proper under the circumstances, there being no showing of want of good faith, or persistent course or effort to impress on the jury that the defendant's liability was insured. Raines v. Wilson (Iowa, 1931) 239 N. W. 36.

Unnecessary Delays In Appellate Procedure, L. L. Bomberger

Indiana Law Journal

No abstract provided.

Procedural Reform In Indiana, Bernard C. Gavit

Indiana Law Journal

No abstract provided.

Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis

Indiana Law Journal

No abstract provided.

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …

Courts-Discretion To Refuse Jurisdiction-Forum Non Conveniens

Michigan Law Review

In these days of frequent travel and of corporations doing business in many states, a plaintiff with a transitory cause of action often can get personal service on defendant in more than one jurisdiction. This privilege may be abused, and to meet such abuse a plea of forum non conveniens is proper, the substance of which, as its name implies, is that the forum is not appropriate for the trial of the suit. Where either of the parties is a resident, or where the cause of action arose within the jurisdiction, the forum will usually be as appropriate as any, …

Should Iowa Establish A Court Of Claims? - Part Ii, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …

Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court

Michigan Law Review

The defendant was indicted for violation of the National Prohibition Act. He pleaded immunity from prosecution in the federal court because of his forced testimony in the trial of another in the state court. Held, the state immunity statute was ineffective to protect the defendant in a federal court. United States v. Smith, 51 F.(2d) 803 (1931).