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Articles 3601 - 3630 of 3639

Full-Text Articles in Law

Joinder And Splitting Of Causes Of Action, Charles E. Clark Feb 1927

Joinder And Splitting Of Causes Of Action, Charles E. Clark

Michigan Law Review

The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …


Recent Cases, C. P. Feb 1927

Recent Cases, C. P.

Washington Law Review

No abstract provided.


Notes To Statutes Of Indiana 1925, Edited By Emerson E. Ballard, Paul L. Sayre Dec 1926

Notes To Statutes Of Indiana 1925, Edited By Emerson E. Ballard, Paul L. Sayre

Indiana Law Journal

No abstract provided.


Recent Cases, G. De G. Nov 1926

Recent Cases, G. De G.

Washington Law Review

No abstract provided.


Hyatt On Trials, By W.H. Hyatt (1924), Ivan W. Goodner Nov 1926

Hyatt On Trials, By W.H. Hyatt (1924), Ivan W. Goodner

Washington Law Review

No abstract provided.


Recent Cases, C. H. May 1926

Recent Cases, C. H.

Washington Law Review

No abstract provided.


Jurisdiction Over Unincorporated Associations Composed Of Nonresidents May 1926

Jurisdiction Over Unincorporated Associations Composed Of Nonresidents

Michigan Law Review

New York has a statute which provides for suits against unincorporated associations consisting of seven or more members. It reads as follows: An action or special proceeding may be maintained, against the president or treasurer of such an association, * * * upon any cause of action, for or upon which the· plaintiff may maintain such action or special proceeding, against all the associates * * *· Any partnership; or other company of persons, which has a president or treasurer, is, deemed an association within the meaning of this section." General Associations Law (Consol. Laws of N. Y.), sec. 13. …


Survivor Of Actions Under The Sherman Anti-Trust Act Feb 1926

Survivor Of Actions Under The Sherman Anti-Trust Act

Michigan Law Review

The question of survival of actions ex delicto following the death of a party thereto has caused no small amount of litigation, and in actions under the Sherman Anti-Trust Act, due to the large sums that are always involved and a consequent desire on the part of the plaintiff to reach all possible sources of compensation, the problem assumes a peculiar importance. Section 7 of the Sherman Anti-Trust Act simply provides that, "Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by …


Recent Cases, W. A. H. Feb 1926

Recent Cases, W. A. H.

Washington Law Review

No abstract provided.


Famous Jury Speeches, By Frederick C. Hicks (1925), K. C. Cole Feb 1926

Famous Jury Speeches, By Frederick C. Hicks (1925), K. C. Cole

Washington Law Review

No abstract provided.


Evidence By Surviving Participant Of A Contract Or Other Transaction Jan 1926

Evidence By Surviving Participant Of A Contract Or Other Transaction

Michigan Law Review

Among the most prolific and endless sources of litigation of recent times are the so-called "dead man statutes", which forbid the surviving participant in a contract or other transaction to testify regarding it unless the opposing party waives the restriction. These statutes lay down a rule of thumb which treats all cases, meritorious or unmeritorious, exactly the same. In attempting to apply them to the cases the courts have made one fine distinction after another, only to interject still finer ones in between, until the whole· makes a labyrinth in which suitor and court have often found themselves hopelessly lost. …


An Appraisal Of English Procedure, Edson R. Sunderland Dec 1925

An Appraisal Of English Procedure, Edson R. Sunderland

Michigan Law Review

On paper the program of the London meeting of the American Bar Association last year was not a crowded one. No busy morning sessions hurried the members away from their hotels; at noon there was a leisurely opportunity for comfortable luncheons; and the drowsy summer afternoon was far advanced before the real business of the day began. But the printed program only marked the high points of the meeting. All through the week, by day and by night, there was London to be seen, the Abbey, the Tower, the Thames, palaces, parks and galleries, and the thousand historic spots which …


Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend Dec 1925

Insurance-Liability Of Insurance Company For Negligence In Exercising Its Option To Settle Or Defend

Michigan Law Review

In a recent New Hampshire case, the plaintiff had insured with defendant company against liability for personal injuries to plaintiff's employees not exceeding $5,000.00. The policy under the title of "Service" provided that defendant would investigate all claims and settle them "according to the law". The defendant insurer also agreed to defend such suits as might be brought against plaintiff because of such injuries. One of plaintiff's employees was injured and though he offered to settle for $1,300.00, the defendant refused the offer. Thereupon the employee sued and recovered $13,500.00 in an action defended by defendant company according to their …


Recent Cases, W. B. W. Oct 1925

Recent Cases, W. B. W.

Washington Law Review

No abstract provided.


Arbitration Under The Modern Statutes Jun 1925

Arbitration Under The Modern Statutes

Michigan Law Review

Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …


Recent Important Decisions Jan 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner Feb 1914

Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner

Michigan Law Review

Adverse Possession in the Case of the Rights of Way of the Pacific Railroad Companies - While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips -were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect …


Recent Important Decisions Feb 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills May 1913

Note And Comment, Joseph H. Drake, Frederick R. Shearer, Jack M. Hendrick, Peter Balkema, Wilson W. Mills

Michigan Law Review

Pecote: A Bit of Legal Archaeology - -In the case of Pusey v. Pusey, I Vern. 273 (1684), the "bil was, that a -horn, which time out of mind had gone along with the plaintiff's estate, and was delivered, to his ancestors in ancient times to hold their land by, might be delivered to him; upon which horn was the inscription, viz. pecote this horn to hold huy thy land." The bill was demurred to in that the plaintiff did not by his bill pretend to be entitled to this horn, either as executor or devisee; nor had he in …


Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy Jan 1913

Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy

Michigan Law Review

The Renvoi Theory Repudiated as a Test for Determining the Negotiability of a Note - A recent case decided by the Supreme Court of Oklahoma (Bell v. Riggs, 127 Pac. 427) involving, among others, a question as to what law governs the negotiability of a note made in one State and payable in another, though of little intrinsic value so far as that point is concerned, is of some interest because the attorney for the holder of the note made a curious attempt to adapt the renvoi theory to his case. The term renvoi is used as a convenient descriptive …


Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley Jun 1912

Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley

Michigan Law Review

Civil Liability for False Testimony; Review by the Courts of the Decisions of the Land Department; Right of One Partner to Sue His Co-Partners in Conversion; Does a Tax Deed, Void on it Face, Give Color of Title; Interference With Employment by Trade Union;


Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr. Nov 1911

Note And Comment, Gordon W. Stoner, Sigmund W. David, Victor R. Jose Jr.

Michigan Law Review

The Law School; Pleading Estoppel; Libels on Person and on Property; The Conflict Between a Patentee's Right to Monopoly and a State Anti-Monopoly Statute


Recent Important Decisions, Michigan Law Review Jun 1911

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Power of Notary Public to Take Affidavit Where He is an Attorney for One of the Parties; Bankruptcy--Effect of Discharge--Res Adjudicate; Bills and Notes--Presentment and Demand by Telephone; Constitutional Law--Commerce--State Regulation of Interstate Telegrams; Constitutional Law--community Property--Alienation Without Consent of Wife; Corporations--Criminal Responsibility--Imputation of Intent and Knowledge; Corporations--Dividends--Compulsory Declaration; Corporations--Stockholder's Right to Examine Books--Motive; Easements--Grants for Pipe Lines--Rights Acquired--Telephone Line; Evidence--Character of Disbarment Proceedings--Use of Deposition; Evidence--Uncorroborated Testimony of an Accomplice; Fraudulent Conveyances--Voluntary Conveyances--Solvency and Insolvency of Grantor; Homestead--When Liable for Debts; Husband and Wife--Exception to Presumption of Coercion--House of Ill Fame; Injunction--Action on Note by Attorney Against Client--Remedy at …


Liability For Accidents In Aerial Navigation, Simeon E. Baldwin Nov 1910

Liability For Accidents In Aerial Navigation, Simeon E. Baldwin

Michigan Law Review

It cannot be long before the American courts will be called upon to decide whether, under the principles of the common law, aeronauts, who cause damage by a descent to the earth, are liable at all events, or only when chargeable with negligence or want of skill. Is there a right to navigate the air, corresponding to the right to navigate the sea? ·


Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster Jan 1910

Note And Comment, Henry M. Bates, Edson R. Sunderland, Harry W. Isenberg, James H. Brewster

Michigan Law Review

The Right of Privacy at Common Law; Limitation of a Carrier's Liability for Negligence; Validity of Corporate By-Law Vesting in Directors the Discretionary Power of Denying Stockholders the Right to Examine the Corporate Books; A Single Action of Successive Actions for a Nuisance; Status of One Holding Office Under an Unconstitutional Statute; Two Recent Decisions Preventing the Presbyterian Re-Union


The German Law-Suit Without Lawyers, Simon E. Baldwin Nov 1909

The German Law-Suit Without Lawyers, Simon E. Baldwin

Michigan Law Review

As in the Roman practice, during the formulary period, there were two judicial stages to every law-suit, one in which the issue was determined and: the mode of trial directed, and another for the trial itself, so there are two judicial stages to every German law-suit. In the first, the court finds out what is really in controversy; in the second is the trial. In most cases there must be written pleadings drawn by lawyers, and a trial conducted by lawyers. A plaintiff is not allowed to conduct his own cause in any of the higher courts. But the plaintiff …


Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey Mar 1909

Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey

Michigan Law Review

The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;


Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt May 1908

Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt

Michigan Law Review

Suits Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--Corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional Law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joinder of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions Reviewable; Equity--Sworn Answers as Evidence--Proof to Overcome; Evidence--Opinion Evidence in Action for Libel; Evidence--The Best Evidence Rule; Fraudulent Conveyances--Delivery and Change of Possession of …


Recent Important Decisions, Michigan Law Review Apr 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …


Recent Important Decisions, Michigan Law Review Jun 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …