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Articles 1 - 16 of 16
Full-Text Articles in Law
Evidence-Privileged Communications-Husband And Wife
Evidence-Privileged Communications-Husband And Wife
Indiana Law Journal
No abstract provided.
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case
Michigan Law Review
The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Michigan Law Review
In an action to recover from the defendant gas company damage to the plaintiff's building caused by a gas explosion resulting from a defective pipe, the plaintiff's only evidence to prove the defendant's duty to repair it was that the pipe was used exclusively for the conveyance of the defendant's gas, and that the meters to which the pipe was connected were owned and controlled by the defendant. The trial court, by virtue of the scintilla rule, submitted the case to the jury which rendered a verdict for the plaintiff. Held, the scintilla rule no longer prevails in Ohio, …
Habitual Criminal Act-Constitutionality-Evidence
Habitual Criminal Act-Constitutionality-Evidence
Indiana Law Journal
No abstract provided.
Witnesses-Cross Examination-Impeachment
Evidence - Admissibility Of Blood-Group Test
Evidence - Admissibility Of Blood-Group Test
Michigan Law Review
The old axiom, "blood will tell," has been given a new lease on life by the work of biochemists and hereditists in the last thirty years. At the beginning of the twentieth century a scientist, Karl Landsteiner, working on the means to make blood transfusions safe, discovered that the New Testament saying, the Almighty "hath made of one blood all nations of men," is not true. He found that human blood is divided into four groups, characterized by the possession or non-possession of certain substances in the serum and the corpuscles of the blood. If one puts a little blood …
Equity - Admissibility Of Evidence Arising Pendente Lite
Equity - Admissibility Of Evidence Arising Pendente Lite
Michigan Law Review
In equitable actions "the right to judgment is not limited to the facts as they existed at the commencement of the action, but the relief administered is such as the nature of the case, and the facts as they exist at the close of the litigation, demand." While this quotation may express the general rule regarding the admissibility of evidence arising pendente lite, the difficulties in its application are numerous.
Evidence-Dying Declarations-Appeal And Error
Evidence-Dying Declarations-Appeal And Error
Indiana Law Journal
No abstract provided.
Selected Cases On The Law Of Evidence, Robert T. Donely
Selected Cases On The Law Of Evidence, Robert T. Donely
West Virginia Law Review
No abstract provided.
Stare Decisis And The Dead Hand Of The Common Law, Trixy M. Peters
Stare Decisis And The Dead Hand Of The Common Law, Trixy M. Peters
West Virginia Law Review
No abstract provided.
Future Interests - Federal Estate Tax - Admissibility Of Evidence Of Barrenness Of Devisee
Future Interests - Federal Estate Tax - Admissibility Of Evidence Of Barrenness Of Devisee
Michigan Law Review
In an inquiry as to the value of an executory bequest to charitable institutions, conditioned on the death of the testator's daughter without issue surviving her, was evidence that at the time of the testator's death she had been rendered incapable of bearing children admissible for the purpose of determining the amount of a deduction from the federal estate tax? Held, that such evidence was admissible. United States v. Provident Trust Co., (U. S. 1934) 54 Sup. Ct. 389.
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Michigan Law Review
Defendant Campbell assigned a contract to purchase land from the plaintiff to the defendant bank, the evidence being undisputed that the assignment was additional security for an existing indebtedness of Campbell. A printed form containing a promise by the assignee to pay the purchase price was used. The name of the assignee was left blank in order that the name of a prospective purchaser could be filled in if an anticipated sale materialized. In an action to foreclose the land contract the vendor asked for a deficiency judgment against the defendant bank. Held, that the vendor was not entitled …
Searches And Seizures - Reasonableness Of Arrest - Use Of Evidence Secured Through Unreasonable Arrest- Statutory Changes
Michigan Law Review
Police officers patrolling Detroit streets in a radio-equipped police car stopped a taxicab in which defendants Stein and Massie were riding. From the statement of the court, the officers' attention was attracted to the cab "because it was 'driving pretty fast,' about 32 miles per hour." The police car pursued it for a block or more; as it drew abreast of the cab defendant Stein was seen to reach into his pocket as if to take something out and put it behind him. "There was something about the cab, probably aside from its speed, which suggested to officer Sullivan that …
Criminal Law And Procedure - "Public Enemy" Statutes - Constitutionality
Criminal Law And Procedure - "Public Enemy" Statutes - Constitutionality
Michigan Law Review
Defendants were convicted of the crime of being disorderly persons within the meaning of section 167, Michigan Public Acts, 1931, No. 328, which provided that "any person who engages in an illegal occupation or business . . . shall be deemed a disorderly person. Proof of recent reputation for engaging in an illegal occupation or business shall be prima fade evidence of being engaged in an illegal occupation or business." Police officers testified as to the reputation of the defendants for being bootleggers, stick-up men, robbers, and murderers. Held, that section 167 of the statute is unconstitutional and void …
Evidence--Dying Declarations, Eleanor Dawson
Evidence--Dying Declarations, Eleanor Dawson
Kentucky Law Journal
No abstract provided.
Evidence--Competency Of Husband And Wife, Albert R. Jones
Evidence--Competency Of Husband And Wife, Albert R. Jones
Kentucky Law Journal
No abstract provided.