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Articles 1 - 9 of 9
Full-Text Articles in Law
Bankruptcy - Summary Jurisdiction - Filing Proof Of Claim As Basis For Money Judgment On A Counterclaim In Favor Of The Trustee, Jerome M. Salle S. Ed
Bankruptcy - Summary Jurisdiction - Filing Proof Of Claim As Basis For Money Judgment On A Counterclaim In Favor Of The Trustee, Jerome M. Salle S. Ed
Michigan Law Review
Appellant filed a proof of claim with the trustee in bankruptcy for unliquidated damages for an alleged breach of contract by the bankrupt. In response, the trustee filed a petition with the bankruptcy court for an order disallowing the appellant's claim and for a money judgment against appellant for a breach of the same contract. The district court affirmed the referee's denial of appellant's claim and judgment in favor of the trustee. On appeal, held, affirmed. Filing proof of claim gives the bankruptcy court jurisdiction not only to hear, but to grant the trustee's petition for affirmative relief on …
Evidence- Hearsay-Scope Of Federal Rule 43(A), David K. Kroll S. Ed
Evidence- Hearsay-Scope Of Federal Rule 43(A), David K. Kroll S. Ed
Michigan Law Review
The clocktower of plaintiff county's courthouse buckled and collapsed into the courtroom below. Charred timbers were found in the wreckage. Several residents reported that they saw lightning strike the tower five days before the collapse. Plaintiff carried insurance for loss by fire or lightning, and sued the insurers when they denied liability. Defendant claimed that the tower collapsed of its own weight because of faulty design, deterioration, and overloading. To account for the charred timbers defendant introduced into evidence a fifty-eight-year-old newspaper article from the files of the city newspaper describing a fire in the courthouse during its construction. The …
1958 Amendment To The United States Judicial Code Relative To The Denial Of Costs To A Plaintiff, George C. Herget Jr.
1958 Amendment To The United States Judicial Code Relative To The Denial Of Costs To A Plaintiff, George C. Herget Jr.
Louisiana Law Review
No abstract provided.
Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)
Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)
Indiana Law Journal
No abstract provided.
Automatic Amendment Of Pleadings: Federal And Indiana Practice
Automatic Amendment Of Pleadings: Federal And Indiana Practice
Indiana Law Journal
No abstract provided.
Federal Antitrust Law - Stockholders' Remedies For Corporate Injury Resulting From Antitrust Violations: Derivative Antitrust Suit And Fiduciary Duty Action, William Y. Webb S.Ed.
Federal Antitrust Law - Stockholders' Remedies For Corporate Injury Resulting From Antitrust Violations: Derivative Antitrust Suit And Fiduciary Duty Action, William Y. Webb S.Ed.
Michigan Law Review
The question of what remedies are available to a stockholder whose corporation has been injured or is threatened with injury by acts violative of the federal antitrust laws is largely unexplored. The staggering fines suffered by a number of corporations in the recent electrical industry criminal antitrust convictions demonstrate, however, that the question is both timely and important. Moreover, its answer could have a great impact both upon the means of protecting corporate minority rights and upon the means of private enforcement of the federal antitrust laws. The stockholders' derivative suit affords two remedies which deal with these two points …
International Claims Procedure Before The Department Of State, Gordon A. Christenson
International Claims Procedure Before The Department Of State, Gordon A. Christenson
Faculty Articles and Other Publications
The problem of method in the presentation of international claims to the Department of State has received inadequate analysis.' Remedial or procedural aspects of international law have been viewed largely as international arbitration, adjudication of disputes before the International Court of Justice or the determination of claims by national claims commissions. 2 This article will consider some procedural aspects of presenting international claims to the Department of State for espousal to foreign governments or for other assistance. Since much international litigation between states originates in this fashion, it is appropriate that an inquiry into procedures should begin with the first …
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
University of Richmond Law Review
Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Michigan Law Review
Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …