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A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
A Modern Evolution In Remedial Rights - The Declaratory Judgment, Edson R. Sunderland
Articles
In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential. If this is true, it must be because there is something in civilization itself which diminishes the necessity for a resort to actual force in sustaining the judgments of courts. And it is quite clear that civilization does supply an element which is theoretically capable of entirely supplanting the exercise of force in the assertion of jurisdiction. This …
Simplification Of Judicial Procedure In Federal Courts, Edson R. Sunderland
Simplification Of Judicial Procedure In Federal Courts, Edson R. Sunderland
Articles
In 1914 the Judiciary Committee of the House of Representatives unanimously reported favorably upon a bill (H. R. 133) authorizing the Supreme Court of the United States to prescribe by rule the forms, kind and character of the entire pleading, practice and procedure to be used in all actions and proceedings at law in the federal courts, with a view to their simplification, which rules should, when promulgated, take precedence of any law in conflict therewith. On January 2, 1917, a similar bill (S. 4551) was favorably reported from the Senate Judiciary Committee by a distinguished graduate of this Law …