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Articles 1 - 3 of 3
Full-Text Articles in Civil Law
Federal Procedure - Juries - Attacking Release For Fraud In Action At Law, James W. Beatty S.Ed.
Federal Procedure - Juries - Attacking Release For Fraud In Action At Law, James W. Beatty S.Ed.
Michigan Law Review
Plaintiff brought an action to recover damages for personal injuries. Defendant filed an answer and asserted that plaintiff had executed a release in full for all claims against the defendant. In his reply plaintiff admitted that he had executed the release, but claimed that it was obtained by fraud on the part of the defendant. The district court granted defendant's motion to deny a jury trial on the ground that the matter of determining the validity of a release was properly cognizable in equity and that therefore plaintiff was not entitled to a jury trial on this issue. On appeal …
Civil Procedure - Venue - Forum Non-Conveniens, Richard S. Weinstein S.Ed.
Civil Procedure - Venue - Forum Non-Conveniens, Richard S. Weinstein S.Ed.
Michigan Law Review
Plaintiff, an Indiana corporation not authorized to do business in New York, brought an action in New York, aided by attachment, against Indiana residents on a contract that was made, was to be performed, and allegedly was breached in Indiana. On the basis of the doctrine of forum non conveniens the defendants moved to vacate the warrant of attachment and to dismiss the complaint. The lower court denied the motion. On appeal, held, reversed. Under the doctrine of forum non conveniens, the lower court should have exercised its discretion to refuse to entertain the action. Central Pub. Co. vs. …
Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen
Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen
Michigan Law Review
Plaintiffs sought to enjoin defendants from using a driveway located on plaintiffs' property. Defendants counterclaimed to have an easement by prescription declared. The parties occupied adjacent city lots. Defendants' predecessor began using the driveway in 1920 without seeking permission from plaintiffs' predecessor. The respective predecessors were on friendly terms at the inception of the user. Defendants and their predecessors made minor repairs to the driveway and claimed at the trial that they had constantly used it as their own. In 1936, two years after plaintiffs acquired full title to their lot, their predecessor executed an abortive quit-claim deed to the …