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Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr. Dec 1948

Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr.

Michigan Law Review

Judgment was entered upon a jury verdict for the plaintiff. Defendants thereupon filed their intention to move for a new trial, but before the motion could be heard the trial judge died and assignment was made for hearing before another judge of the same court. Section 661 of the California Code of Civil Procedure directed that, "The motion for new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county …

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Report Of Committee On The Retirement Of Judges, Alfred J. Schweppe Nov 1948

Report Of Committee On The Retirement Of Judges, Alfred J. Schweppe

Washington Law Review

In December of 1946 the Committee on the Selection of Judges circulated the bar with a postcard ballot, covering mandatory retirement of judges at the age of seventy-five. The ballot resulted as follows: Total vote cast .......................... 942 In favor ......................................753 Opposed ...................................144 No opinion .................................. 45 The Committee on the Selection of Judges, which circulated that ballot, suggested a proposed constitutional provision carry compulsory retirement into effect in connection with an appropriate retirement plan to be established by the Legislature. That Committee accepted the view previously expressed by the State Judicial Council (to which the subject had earlier been …

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Judges-De Facto Judges, J. R. Swenson S.Ed. Jun 1948

Judges-De Facto Judges, J. R. Swenson S.Ed.

Michigan Law Review

In 1947, the Arkansas legislature created an additional division in the First Chancery Circuit and provided that the office be filled until the next general election by Ruth F. Hale, the then Master of Chancery in that circuit. In Arkansas, divorce is an equitable proceeding, and from the date of her appointment, Chancellor Hale had granted an estimated 1,750 divorces. Defendant appealed a divorce decree granted by Chancellor Hale alleging it to be void. Held, decree vacated. Three judges dissented. Howell v. Howell, (Ark. 1948) 208 S.W. (2d) 22.

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Recent Books, Michigan Law Review May 1948

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

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Some Reflections On The Reading Of Statutes, By Felix Frankfurter, Richard F. Wolfson Apr 1948

Some Reflections On The Reading Of Statutes, By Felix Frankfurter, Richard F. Wolfson

Indiana Law Journal

No abstract provided.

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Judgment Non Obstante Veredicto, Leo Carlin Feb 1948

Judgment Non Obstante Veredicto, Leo Carlin

West Virginia Law Review

No abstract provided.

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Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin Feb 1948

Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin

Michigan Law Review

We have already become familiar with Johnson's awareness of the unconsciousness of mankind "of the shackles which superstition and tyranny had thrown around" it. He was also sensitive to the part which the law had played in preserving such a state of affairs. His keen and analytic mind was unwilling to accept as final what he knew was the illusive mirage of reality. The situation was a frustrating one-so much so that few minds today are prepared to accept the challenge which such a dynamic attitude entailed for him. He began anticipating beyond the capacities of the minds of those …

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The United States Supreme Court: 1947-48, John P. Frank Jan 1948