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University of Michigan Law School

1959

Michigan Law Review

Collateral estoppel

Articles 1 - 2 of 2

Full-Text Articles in Law

Judgments - Res Judicata - Limitation Of California Doctrine Of Collateral Estoppel In Multiple Claimant Cases, Sidney B. Hopps Feb 1959

Judgments - Res Judicata - Limitation Of California Doctrine Of Collateral Estoppel In Multiple Claimant Cases, Sidney B. Hopps

Michigan Law Review

Plaintiffs were injured when their car was struck by defendant. They commenced separate negligence actions, which were consolidated for trial. These actions resulted in a judgment for plaintiff son, but judgments were entered against the plaintiffs mother and father. These parties were granted a new trial, with no limitation upon the issues to be tried. On the second trial the parents asserted the son's judgment, which had become final and been satisfied, as conclusively establishing defendant's negligence. The trial court ruled against them and submitted the issue of defendant's negligence to the jury. On appeal by the parents, held, …


Constitutional Law - Criminal Procedure - Successive State Prosecutions For Same Activity, Robert L. Bombaugh Jan 1959

Constitutional Law - Criminal Procedure - Successive State Prosecutions For Same Activity, Robert L. Bombaugh

Michigan Law Review

Petitioner suspected of having robbed five persons on a single occasion. was indicted and tried for the robbery of three of them. His sole defense was alibi and he was acquitted when only one of the five victims identified him as the robber. Petitioner was then tried under an indictment for the robbery of a fourth victim. Petitioner interposed the same defense but was convicted at this second trial. The New Jersey Supreme Court affirmed. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. Neither the successive trials nor the failure of the court to …