Law Commons^™

Procedure And Evidence -- 1956 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

To one who has not inherited the Tennessee system of procedure and has not yet "first endured, then pitied, then embraced" it, it presents some startling contrasts. There is an astounding inter-mingling of the modern, which seeks to make procedure the servant of substance, with the ancient, that has in most jurisdictions been relegated to the legal attic or to a museum of procedural antiques. In an action instituted by warrant in the Court of General Sessions of Shelby County and tried de novo on appeal in the circuit court, the warrant is a summons and cannot serve as a …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Congressional Investigations --Relevancy of Required Testimony

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Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State

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Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime

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Evidence--Judicial Admissions--Testimony as to Objective Facts

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Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity

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Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures

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Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership

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Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition

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Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant

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Torts--Landowner--Duty to Social Guest

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Wills--Pretermitted Heir Statue--Sole …

The Twilight Zone Of Hearsay, Richmond Rucker

Vanderbilt Law Review

The twilight zone of hearsay and nonhearsay has provoked searching analyses by eminent authorities in the field of evidence. Although these contributions have doubtless been of inestimable value, exerting a profound influence in the solution of problems dealing with acts and utterances within this area of proof, there is much to be desired in the way of clarity as reflected by innumerable opinions of the courts. No fatuous notion is here entertained that within the limits of this discussion order will be rescued from chaos, or for that matter that an appreciable contribution will be made toward that end. Nevertheless, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

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Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

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Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

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Domestic Relations--Adoption--Revocation of Consent by Natural Parents

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Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

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Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

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Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

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Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee