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Articles 1 - 21 of 21
Full-Text Articles in Civil Procedure
What Price Jury Trials, Jeff B. Fordham
What Price Jury Trials, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
Common Law Pleas And Subsequent Pleadings In West Virginia, Leo Carlin
Common Law Pleas And Subsequent Pleadings In West Virginia, Leo Carlin
West Virginia Law Review
Some time ago the writer published an article1 dealing with the common law declaration in West Virginia, the general purpose of which was to collect and analyze the local statutes modifying or dispensing with common law requirements and to determine what further might be done by way of statutory reform. It is now proposed to deal with some of the features of common law pleas and the subsequent pleadings somewhat in the same manner and with the same general purpose in view. Necessarily, an attempt can be made to deal only with selected details of the subject. The pleadings discussed …
Equity--Injunctions--Temporary Dissolved Where Answer Denied Substance Of Bill, Frederick H. Barnett
Equity--Injunctions--Temporary Dissolved Where Answer Denied Substance Of Bill, Frederick H. Barnett
West Virginia Law Review
No abstract provided.
Insurance - Estoppel - Parol Evidence Rule
Insurance - Estoppel - Parol Evidence Rule
Michigan Law Review
The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …
Procedure - Service Of Process - Jurisdiction Conferred By Consent
Procedure - Service Of Process - Jurisdiction Conferred By Consent
Michigan Law Review
Plaintiff, a resident of England, and defendant, a resident of New York, entered into a contract for the sale and delivery of zinc. By a clause in the contract the parties agreed that all differences arising thereunder should be arbitrated at London pursuant to the arbitration law of Great Britain. Differences arose, and the plaintiff requested the defendant in New York to concur in the selection of an arbitrator, serving notice that, in the event of failure so to do, application would be made for appointment of one as provided by statute. This notice was ignored, and a form of …
Review Of A Review, Charles E. Clark
Review Of A Review, Charles E. Clark
Michigan Law Review
In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …
Avoiding Injurious Consequences, Charles T. Mccormick
Avoiding Injurious Consequences, Charles T. Mccormick
West Virginia Law Review
No abstract provided.
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
Federal Court Judgment Liens, Marion Edwards
Federal Court Judgment Liens, Marion Edwards
Washington Law Review
Apparently, at the present time, the thought of lawyers on the law relating to the territorial extent of Federal Court judgment liens on real property in the states, is somewhat confused. To attribute the bewilderment to any inherent difficulty in the subject would be ungracious if not unjust. It would be fairer to ascribe it to the distractions of modern life and business, though doubtless some modicum of blame is due to that propensity so gloomily pondered by Sir Joshua Reynolds when he said, "There is no expedient to winch man will not resort to avoid the labor of thinking." …
Waiver Of Patient's Privileges, De Wolfe Emory
Waiver Of Patient's Privileges, De Wolfe Emory
Washington Law Review
It is the purpose here to discuss the circumstances under which a patient is deemed to have waived the privilege veiling commumcations made to his physician, paying more particular attention to the law on that subject as it now exists in this state, in an attempt to arrive at the every-day and practical effect of the claim of privilege upon the ascertainment of truth in the court room.
Process-Service By Publication In Creditors' Suits
Process-Service By Publication In Creditors' Suits
Michigan Law Review
The plaintiff, a citizen of Missouri, recovered a judgment against the defendant, a citizen of New York, in the federal district court, S. D., New York. Execution was issued and returned unsatisfied, and a creditors' bill was brought to subject the surplus of a trust fund in New York, of which the defendant was the cestui, to the satisfaction of the judgment. In the meantime the defendant bad moved to New Jersey, and service of process was had upon her by publication. On a motion to vacate the order allowing service by publication, the court held that the order allowing …
Process--Privilige Of Nonresident Attorney
Process--Privilige Of Nonresident Attorney
Michigan Law Review
The defendant, an attorney at law and resident of Minnesota, came into Wisconsin to take depositions to be used in suits pending in Minnesota. Upon arrival he and the witnesses were served with an injunction restraining the taking of the depositions. While awaiting a hearing upon the injunction, in which he intended to appear in his own behalf and as attorney for the witnesses, personal service of a Wisconsin summons in the instant action was made upon him, naming as defendants himself and the law firm of which he was a member. A motion to set aside the service of …
The Burden Of Providing Payment, Leo Carlin
The Burden Of Providing Payment, Leo Carlin
West Virginia Law Review
No abstract provided.
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Indiana Law Journal
An address delivered to the Indiana State Bar Association at Indianapolis, Thursday, December 18, 1930.
The New Michigan Court Rules, Edson R. Sunderland
The New Michigan Court Rules, Edson R. Sunderland
Michigan Law Review
There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.
Contempt-Punishment Of One Not A Party To An Injunction
Contempt-Punishment Of One Not A Party To An Injunction
Michigan Law Review
The plaintiff sued A and B for infringement of patent rights. The suit was dismissed as to A and B testified that the business was solely his. A decree was then entered against B, "his agents, employees, associates and confederates * * *," which enjoined them from "infringing, or aiding or abetting, or in any way contributing to the infringement * * *" of the patents. When the decree was entered, A was an employee of B, but subsequently A left B's employ, began his own business, and infringed the patent. The plaintiff began contempt proceedings against A in the …
The Declaratory Judgment In The United States, Edwin M. Borchard
The Declaratory Judgment In The United States, Edwin M. Borchard
West Virginia Law Review
No abstract provided.
Appeal And Error--Reversals Because Of Improper Remarks Of Counsel In Argument Before Jury, Henry K. Higginbotham
Appeal And Error--Reversals Because Of Improper Remarks Of Counsel In Argument Before Jury, Henry K. Higginbotham
West Virginia Law Review
No abstract provided.
Cases On Pleading And Procedure, By Charles E. Clark (1930), Ivan W. Goodner
Cases On Pleading And Procedure, By Charles E. Clark (1930), Ivan W. Goodner
Washington Law Review
No abstract provided.
Cases On Pleadings And Procedure, Mason Ladd
Cases On Pleadings And Procedure, Mason Ladd
Michigan Law Review
A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.
A Foundation For Procedural Reform, Hugh Evander Willis
A Foundation For Procedural Reform, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.