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Articles 1 - 13 of 13
Full-Text Articles in Civil Procedure
Magna Charta And The Jury System, John H. Hatcher
Magna Charta And The Jury System, John H. Hatcher
West Virginia Law Review
No abstract provided.
Estoppel And Statutes Of Limitation, John P. Dawson
Estoppel And Statutes Of Limitation, John P. Dawson
Michigan Law Review
Among all the spheres of its activity estoppel probably performs no more useful service than in the alleviation of hardship caused by statutes of limitation. Here as in other places the elements of estoppel and its relations to more basic legal concepts are exceedingly hard to define. At some points its effects on limitation acts could be described in terms of express contract; at other points it merges into "fraud"; in general it provides the medium for official expressions of disapproval where civil litigation exceeds the permissible limits of private warfare.
Constitutional Law - Power Of State Legislature To Provide For Jury Trial In Proceedings For Contempt Of Court
Michigan Law Review
The defendants, an independent union, and members thereof, were cited for contempt before a court of common pleas for the violation of an in junction restraining them from interfering with the operation of the plaintiff's mines. The alleged contumacious acts took place some ten miles from the court house and consisted of gathering about automobiles containing employees of the plaintiff company, throwing stones at them, breaking windows of the cars, and injuring some of the occupants. The contempt proceedings arose on petition of the company and were before the same judge who granted the injunction. The defendants claimed that under …
Practice And Procedure - Reservation Of Decision On Motion For Directed Verdict As Means Of Avoiding Unnecessary New Trials
Michigan Law Review
What may be done to remedy the situation if a jury brings in a verdict in favor of a party against whom a verdict should have been directed? This question becomes pertinent in view of the fact that judges, while hard pressed by counsel in the heat of trial, frequently wrongfully deny a motion for directed verdict and submit the case to the jury. One obvious remedy is the granting of a new trial by the trial judge, or by an appellate court after reversal. But this practice has proved eminently unsatisfactory, for it submits the aggrieved party to the …
Functions Of A Demurrer Under The Revised Code, Leo Carlin
Functions Of A Demurrer Under The Revised Code, Leo Carlin
West Virginia Law Review
The Revised Code undertakes to establish the demurrer as the uniform method of objecting to the insufficiency of pleadings. Although the intention was to accomplish a maximum of uniformity and simplicity, not only as to selection of the remedy, but also, presumably, as to its operative effect, there already may be detected some divergence of opinion among members of the bar as to the specific application of the new provisions. As an illustration of conclusions that may be too hastily drawn, perhaps due to a superficial consideration of the apparent general motives by which the Revisers were actuated, may be …
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
Michigan Law Review
Conflicts of laws are the necessary result of the division of judicial business. There are too many legal actions arising in localities too diffused to be tried in a single court or system of courts; consequently, litigation has to be distributed, and a highly complex body of jurisdictional regulations has been evolved to control the distribution. Once admit the multiplicity of courts, and diversities of law appear. Not only does the procedure in particular courts respond in some degree to the local traditions of the bar and to the specialized needs of the communities served, but indigenous precedents and practices …
Procedure And Forms Of Common Law Pleading, Leo Carlin
Procedure And Forms Of Common Law Pleading, Leo Carlin
West Virginia Law Review
No abstract provided.
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
West Virginia Law Review
No abstract provided.
Personal Transactions With Persons Deceased At The Time Of Trial--An Analysis Of Cases And A Suggestion For Statutory Change, Robert T. Donley, Morris S. Funt
Personal Transactions With Persons Deceased At The Time Of Trial--An Analysis Of Cases And A Suggestion For Statutory Change, Robert T. Donley, Morris S. Funt
West Virginia Law Review
No abstract provided.
Are Physicians Exempt From Testifying?, William S. John
Are Physicians Exempt From Testifying?, William S. John
West Virginia Law Review
No abstract provided.
Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict
Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict
Michigan Law Review
A jury in a federal court awarded the plaintiff $500 in a personal injury action; he moved for a new trial on the ground of inadequate damages. Having obtained consent of defendant to entry of judgment for $1500, the trial judge denied the motion. Plaintiff appealed. Held, this procedure was a violation of the Seventh Amendment of the Constitution; a new trial must be granted. Dimick v. Schiedt, (U. S. 1935) 55 Sup. Ct. 296.
Constitutionality Of The Kentucky Statute Refusing A New Trial Because Of The Smallness Of Damages, W. T. Drury
Constitutionality Of The Kentucky Statute Refusing A New Trial Because Of The Smallness Of Damages, W. T. Drury
Kentucky Law Journal
No abstract provided.
Current Legal Literature In The Field Of Civil Procedure During 1934, Paul L. Sayre
Current Legal Literature In The Field Of Civil Procedure During 1934, Paul L. Sayre
Kentucky Law Journal
No abstract provided.