Law Commons^™

Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin

Michigan Law Review

The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …

Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison

Michigan Law Review

A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …

Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.

Michigan Law Review

A Review of MEN OF LAW FROM HAMMURABI TO HOLMES. By William Seagle.

Declaratory Judgments- Extension Of Protection Against Injuries To Personality

Michigan Law Review

The widespread acceptance of the declaratory judgment as a statutory supplement to common law and equitable remedies has raised some searching questions as to the relation between right and remedy in Anglo-American law. The declaratory judgment can operate in anticipation of specific wrongs that would be a basis for ordinary legal or equitable relief. It does not depend for its efficacy on the use of the familiar remedies of law and equity - that is, on damages, specific restitution in replevin and ejectment, and the injunction and specific enforcement in equity. The question may therefore be asked whether the development …

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.

A Rational Theory For Joinder Of Causes Of Action And Defences, And For The Use Of Counterclaims, William Wirt Blume

Michigan Law Review

In discussing, first, the joinder of actions it will be convenient to consider three groups or classes of cases:

Class I : Where one plaintiff (or joint plaintiffs) unites in a single proceeding two or more causes of action against one defendant (or joint defendants).

Class 2: "Where two or more plaintiffs, each having a cause of action against the same party (or parties), unite their causes of action in one proceeding.

Class 3: Where one plaintiff (or joint plaintiffs) having several causes of action, each against a different party, unites them in one proceeding.

In considering each group or …

Interest On Claims In Receivership Proceedings, Ralph E. Clark

Michigan Law Review

Outside the cases of receivership, the Supreme Court of the United States has said: "We reach the conclusion that whatever may have been the English and early American rule, the tendency in Virginia as elsewhere in this country, is to allow interest on contracts to pay money from the date that the debt becomes due."'