Law Commons^™

Procedure And Evidence -- 1954 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Generally: The strict rules of pleading are not applicable in a will contest,' which is a proceeding sui generis and regulated by statute. Demurrer. A demurrer to a cross-bill in chancery on the ground that it "states no cause of action upon which relief can be granted" is a nullity, and should be stricken on motion.

Plea in Abatement: Where the chancellor upon hearing a plea inabatement of another action pending for the same cause, found that the cause was substantially the same, and granted plaintiff permission to file the bill in the later suit as an amended or supplemental …

Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.

Substantive Law

Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

==============================

Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

===============================

Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

===============================

Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

===============================

Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

===============================

Income Taxation--Deductions--Periodic Alimony Payments

===============================

Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

===============================

Torts--Dog Bite--Owner's Scienter

===============================

Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease