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- Federal Rules of Civil Procedure (5)
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Articles 1 - 13 of 13
Full-Text Articles in Law
Civil Procedure On The American Frontier, William Wirt Blume
Civil Procedure On The American Frontier, William Wirt Blume
Michigan Law Review
The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Michigan Law Review
Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
In two related antitrust actions instituted in the District Court for the Northern District of Illinois, an order was entered under rule 53(b) of the Federal Rules of Civil Procedure referring the cases to a master for trial because of the "extremely congested calendar" then facing the court. All parties to the· action moved to vacate the order and these motions were denied by the district judge. After appearing before the master to object to the reference, the defendants petitioned the Court of Appeals for the Seventh Circuit praying that a writ of mandamus issue to compel the district judge …
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Michigan Law Review
In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
Michigan Law Review
This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Michigan Law Review
A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
In review we can say that within a comparatively broad field of the American law required joinder of claims is the rule. There are some exceptions. The German law has no rule of compulsory joinder of claims. Here, there are some exceptions, too. In this sense and within a field which is marked out by the American rule and the German exceptions, the relationship of rule and exceptions is reversed in the two systems.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
This comparative study is confined to the situation of one claimant against one claimee. The principles which will be considered seem to be rather well settled both in the American and the German law. The fact, however, that besides many a common result we shall find fundamental differences in the pertinent basic concepts of the American and German systems makes the discussion worthwhile. It may, at least, promote a reconsideration of the propriety of those concepts.
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Michigan Law Review
Plaintiff brought an action against defendant for injuries received in an automobile accident caused by defendant's negligence in driving while intoxicated. She sought to join with this claim actions against several bar owners under a statute providing for liability of bar owners for injuries caused by one to whom they had unlawfully sold alcoholic beverages. One of the defendant bar owners moved to dismiss for misjoinder or to compel an election of causes on the ground that since only compensatory damages could be recovered against the defendant-consumer upon common law negligence, and both exemplary and compensatory damages could be recovered …
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Michigan Law Review
The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …
Civil Procedure - Splitting Cause Of Action - Voluntary Settlement Of Part Of Cause Of Action As Bar To Suit, James F. Hillis
Civil Procedure - Splitting Cause Of Action - Voluntary Settlement Of Part Of Cause Of Action As Bar To Suit, James F. Hillis
Michigan Law Review
Plaintiff suffered bodily injury and damage to his automobile from a single negligent act of defendant. By voluntary agreement the parties settled plaintiff's claim as to the property damage only. Thereafter plaintiff instituted this action to recover damages for his personal injuries. Defendant pleaded the property settlement as a bar to the action, and the trial court awarded judgment to defendant. The intermediate appellate court affirmed. On appeal to the state supreme court, held, affirmed. A single wrongful act which inflicts personal injury and property damage gives rise to one cause of action, and a prior judgment for the …
Calamandrei: Procedure And Democracy, Charles Alan Wright
Calamandrei: Procedure And Democracy, Charles Alan Wright
Michigan Law Review
A Review of Procedure and Democracy. By Piero Calamandrei.
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …