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In Construing Sufficient Cause Of Texas Rule Of Civil Procedure 329b(5), The Requisites For Equitable Relief In A Garnishment Default Judgment Are (1) A Meritorious Defense, (2) Lack Of Fault By Garnishee In Failing To Answer, (3) And Fraud Or Wrongful Act Of The Other Party In Preventing Garnishee From Defending The Action., Karen J. Ruble Dec 1969

In Construing Sufficient Cause Of Texas Rule Of Civil Procedure 329b(5), The Requisites For Equitable Relief In A Garnishment Default Judgment Are (1) A Meritorious Defense, (2) Lack Of Fault By Garnishee In Failing To Answer, (3) And Fraud Or Wrongful Act Of The Other Party In Preventing Garnishee From Defending The Action., Karen J. Ruble

St. Mary's Law Journal

Abstract Forthcoming.


Expert Medical Testimony In Texas., Zollie Steakley Dec 1969

Expert Medical Testimony In Texas., Zollie Steakley

St. Mary's Law Journal

An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they …


Provisions Of Jones Act Applicable So As To Allow Recovery To Alien Seamen Injured In A United States Port On A Foreign Flag Vessel Owned And Controlled By United States Alien Domiciliaries., Raul Garcia Dec 1969

Provisions Of Jones Act Applicable So As To Allow Recovery To Alien Seamen Injured In A United States Port On A Foreign Flag Vessel Owned And Controlled By United States Alien Domiciliaries., Raul Garcia

St. Mary's Law Journal

Abstract Forthcoming.


Payment By A Corporation To An Exempt Organization Owning 75 Percent Of The Corporation's Stock Was A Dividend Rather Than A Charitable Contribution., Barry H. Edelman Dec 1969

Payment By A Corporation To An Exempt Organization Owning 75 Percent Of The Corporation's Stock Was A Dividend Rather Than A Charitable Contribution., Barry H. Edelman

St. Mary's Law Journal

Abstract Forthcoming.


Oral Contract To Furnish Labor And Materials To Construct Houses To The Shell Homes Stage, Second Stage Of Three Stages Of F.H.A. Inspection, Was Not General Contract For Purpose Of Relation Back Of Mechanics' And Materialmen's Statutory Liens., Robert Michael Clark Dec 1969

Oral Contract To Furnish Labor And Materials To Construct Houses To The Shell Homes Stage, Second Stage Of Three Stages Of F.H.A. Inspection, Was Not General Contract For Purpose Of Relation Back Of Mechanics' And Materialmen's Statutory Liens., Robert Michael Clark

St. Mary's Law Journal

Abstract Forthcoming.


Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine Dec 1969

Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine

St. Mary's Law Journal

The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …


Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr. Dec 1969

Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Residence Requirements Constitute An Invidious Discrimination Denying Applicants Equal Protection Of The Laws, Violate The Due Process Clause Of The Fifth Amendment, And Place A Chilling Effect On The Right Of Interstate Travel., Angelo P. Parker Dec 1969

Residence Requirements Constitute An Invidious Discrimination Denying Applicants Equal Protection Of The Laws, Violate The Due Process Clause Of The Fifth Amendment, And Place A Chilling Effect On The Right Of Interstate Travel., Angelo P. Parker

St. Mary's Law Journal

Abstract Forthcoming.


The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson Dec 1969

The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson

St. Mary's Law Journal

Southern Methodist University v. Clayton limited and clarified the scope of the charitable immunity doctrine in Texas, making it the leading opinion on the doctrine’s scope as of 1943. Clayton held charitable organization are liable to an employee for injuries proximately caused by the negligence of its agents but not liable to others in absence of proof of negligence on part of charity in employing or keeping the agent. Clayton’s progenies subsequently added two refinements: a charity is liable to an injured party, if, through negligence, improper equipment for treatment or service is used and causes an injury; and the …


The Original Writ Of Mandamus In The Supreme Court Of Texas., James R. Norvell, Ronald L. Sutton Dec 1969

The Original Writ Of Mandamus In The Supreme Court Of Texas., James R. Norvell, Ronald L. Sutton

St. Mary's Law Journal

Abstract Forthcoming.


Motions For Production Of Documents - Texas Style ., Eugene B. Labay Dec 1969

Motions For Production Of Documents - Texas Style ., Eugene B. Labay

St. Mary's Law Journal

A well-prepared motion for production of documents is important to the discovery of facts that are essential to the prosecution or defense of a civil case. Litigants may compel the opposing party to release documents, writing, and other records that are necessary to prosecute or defend a cause of action. State and federal courts in Texas encourage a liberal construction of the rules governing discovery in order to narrow the issues in dispute at trial. The state and federal courts’ approach is also premised on the moving party’s entitlement to review all documents pertinent to his case. Because of this, …


Welfare, Due Process, And The Need For Change., V. Camp Cuthrell Iii Dec 1969

Welfare, Due Process, And The Need For Change., V. Camp Cuthrell Iii

St. Mary's Law Journal

President Franklin D. Roosevelt spoke of a “social duty” owed by the government to those unfortunate citizens who strive to maintain themselves but cannot. However, the nature of “social duty” remains ambiguous and unclarified today. The failure to define its nature has caused much of the confusion surrounding welfare law today. Specifically, the confusion has resulted in a wide judicial continuity regarding the weight given to the recipient's interest in welfare payments that ranges from stating that the interest may be sufficient to enjoin the Secretary of Health, Education, and Welfare from freezing state funds to stating that this interest …


Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola Dec 1969

Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola

St. Mary's Law Journal

Abstract Forthcoming.


Due Process And The Juvenile Offender., Carlos Cadena Mar 1969

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …


Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein Mar 1969

Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein

St. Mary's Law Journal

Abstract Forthcoming.


Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr. Mar 1969

Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.

St. Mary's Law Journal

Writs of habeas corpus, anchored both in the common law and Constitution of Texas, are vitally important to secure the freedom of those wrongfully imprisoned. However, minimal literature on the subject exists to assist attorneys who must prepare and present an application for writ of habeas corpus to the Supreme Court of Texas. To address the gap in literature, this article lays out the process attorneys should follow when filing a writ of habeas corpus. The most important items which should be brought before the Court are: (1) a motion for leave to file the application; (2) the application for …


The Contested Will Case., Fred Erisman Mar 1969

The Contested Will Case., Fred Erisman

St. Mary's Law Journal

Abstract Forthcoming.


Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper Mar 1969

Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper

St. Mary's Law Journal

Abstract Forthcoming.


Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr. Mar 1969

Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.

St. Mary's Law Journal

The Texas Workmen’s Compensation Act works to protect employees against the risk or hazard of performing their job and compensates that employee for injuries sustained in the course of employment. In 1957, after an increasing number of travel-oriented injuries involving scope of employment, the legislature amended the Act to limit judicial interpretation. This amendment added subsection b to section 1 of article 8309 to clarify the rules created from recent caselaw. Section 1b reconciled and enumerated four exceptions to the common law rule that an injury which occurs during the use of public streets or highways while traveling to and …


Miranda Warning Held Inapplicable To Tax Fraud Investigations In Absence Of Custodial Atmosphere., G. E. Wilcox Jr. Mar 1969

Miranda Warning Held Inapplicable To Tax Fraud Investigations In Absence Of Custodial Atmosphere., G. E. Wilcox Jr.

St. Mary's Law Journal

Abstract Forthcoming.


The Two Year Statute Of Limitations Is Tolled By The Defendant's Absence From The State After The Accrual Of The Action, Notwithstanding The Availability Of A Statute Providing For Substitute Service Of Process., Joe M. Westheimer Jr. Mar 1969

The Two Year Statute Of Limitations Is Tolled By The Defendant's Absence From The State After The Accrual Of The Action, Notwithstanding The Availability Of A Statute Providing For Substitute Service Of Process., Joe M. Westheimer Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Manufactured Diversity Of Citizenship By Which An Out-Of-State Guardian Was Selected To Prosecute The Suit Of A Resident Minor, Did Not Constitute An Adequate Foundation For Federal Jurisdiction., Dennis J. Healey Mar 1969

Manufactured Diversity Of Citizenship By Which An Out-Of-State Guardian Was Selected To Prosecute The Suit Of A Resident Minor, Did Not Constitute An Adequate Foundation For Federal Jurisdiction., Dennis J. Healey

St. Mary's Law Journal

Abstract Forthcoming.


To Insure Due Process And Equal Protection, Such Facts As Are Necessary To Adjudicate A Child Delinquent Must Be Proved Beyond A Reasonable Doubt Rather Than By A Preponderance Of The Evidence., G. P. Hardy Iii Mar 1969

To Insure Due Process And Equal Protection, Such Facts As Are Necessary To Adjudicate A Child Delinquent Must Be Proved Beyond A Reasonable Doubt Rather Than By A Preponderance Of The Evidence., G. P. Hardy Iii

St. Mary's Law Journal

Abstract Forthcoming.


Federal Statute Of Limitations Not Tolled Pending Settlement Of Workmen's Compensation Claim., Stanley R. Baker Mar 1969

Federal Statute Of Limitations Not Tolled Pending Settlement Of Workmen's Compensation Claim., Stanley R. Baker

St. Mary's Law Journal

Abstract Forthcoming.


Illegitimate Children Have A Right Equal With That Of Legitimate Children To Require Support By Their Father., Miles J. Mullin Mar 1969

Illegitimate Children Have A Right Equal With That Of Legitimate Children To Require Support By Their Father., Miles J. Mullin

St. Mary's Law Journal

Abstract Forthcoming.


A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick Mar 1969

A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick

St. Mary's Law Journal

Abstract Forthcoming.


Indispensable Parties., Luther H. Soules Iii Mar 1969

Indispensable Parties., Luther H. Soules Iii

St. Mary's Law Journal

Abstract Forthcoming.