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Full-Text Articles in Law

Discovery-Procurement Of An Order Requiring A Nonresident Plaintiff To Submit To An Oral Examination Within The State Before Trial, Ralph J. Isackson May 1948

Discovery-Procurement Of An Order Requiring A Nonresident Plaintiff To Submit To An Oral Examination Within The State Before Trial, Ralph J. Isackson

Michigan Law Review

Relator, a resident of Massachusetts, brought an action in Illinois against the Railway Express Company to recover damages for the negligent transportation of the relator's cattle. After the cause was at issue the Express Company's attorneys presented a motion to respondent, a superior court judge, requesting a court order directing the nonresident relator to appear before a notary public in Chicago for the purpose of an oral examination. The court granted the order, fixing a time and place for the taking of relator's deposition on oral interrogatories. Upon failure of the relator to appear, the court stayed proceedings for a …


Thomas: Portrait For Posterity, Michigan Law Review Mar 1948

Thomas: Portrait For Posterity, Michigan Law Review

Michigan Law Review

A Review of PORTRAIT FOR POSTERITY. By Benjamin P. Thomas.


Constitutional Law-Federal Courts-Citizenship In The District Of Columbia As A Basis For Diversity Of Citizenship Jurisdiction, Samuel N. Greenspoon Feb 1948

Constitutional Law-Federal Courts-Citizenship In The District Of Columbia As A Basis For Diversity Of Citizenship Jurisdiction, Samuel N. Greenspoon

Michigan Law Review

Plaintiff, a District of Columbia corporation, sued defendant, a Nebraska corporation, in the Municipal Court of Chicago, Illinois. Defendant removed the case to a federal district court pursuant to the provisions of an amendment to the judicial code extending the jurisdiction of the federal courts to suits and controversies between citizens of the District of Columbia and citizens of any state or territory. From an adverse judgment defendant appealed, raising for the first time in the case the question of constitutionality of the amendment conferring jurisdiction. Held, the amendment is unconstitutional. Judge Evans dissented. Central States Cooperatives, Inc. v. …


Corporations-Derivative Suits-Who Is A Shareholder Under Federal Rule 23 (B), Kent Chandler, Jr. Jan 1948

Corporations-Derivative Suits-Who Is A Shareholder Under Federal Rule 23 (B), Kent Chandler, Jr.

Michigan Law Review

Plaintiff brought suit in a federal district court to enforce the rights of defendant, an Illinois corporation, to monies allegedly embezzled by its president and to certain shares of stock allegedly issued to him illegally. The complaint alleged that plaintiff, a Delaware corporation, "is now and has been at all times hereinafter complained of the owner of 6538 shares of the common stock of . . . defendant herein." Defendant, showing by affidavit that plaintiff had never been a shareholder of record, moved to dismiss the complaint for failure to meet the requirements of federal rule 23 (b). The court …