Conflict of Laws Commons^™

Conflicts Of Law - Extended Application Of Res Judicata In Administration Of Decedents' Estates, Norman A. Zilber S.Ed.

Michigan Law Review

The purpose of this comment is to examine the existing law and its rationale, and to see in which situations res judicata could beneficially be applied.

Conflict Of Laws -- 1956 Tennessee Survey, John W. Wade

Vanderbilt Law Review

Personal Jurisdiction: In State v. Perry, the Tennessee Department of Public Welfare, which had paid sums for the support of dependents of certain nonresidents, brought an action against the nonresidents for reimbursement and for an order to pay money in the future. No personal service was had on the defendants, and the court held that the Tennessee statute does not authorize the court "to enter a personal judgment against a non-resident husband-father upon the ex parte petition, when that husband-father is not personally before the Court, and afforded no opportunity to be heard.' It correctly implied that such a proceeding …

Marriage In The Conflict Of Laws, Charles W. Taintor, Ii

Vanderbilt Law Review

It must first be recognized that three different types of problems are raised in this field by what purport to be marriages: problems concerning the creation of the relationship of man and wife; those concerning the method whereby the parties signify their consents to the assumption of the relationship; and those concerning the legal protection accorded to claims arising therefrom. These involve, respectively, the status, the ceremony, and the incidents' of marriage.

It has often been said or assumed in the past that the laws of the domicile or domiciles of the parties at the time of the ceremony govern …

Federal Procedure-Venue-Use Of State Nonresident Motorist Statute To Imply Waive, Raymond R. Trombadore S.Ed.

Michigan Law Review

An Illinois corporation brought suit based on diversity of citizenship in a United States district court in Kentucky against a resident of Indiana, alleging a cause of action arising from a collision which occurred on a Kentucky highway. Plaintiff secured personal jurisdiction over defendant by serving process upon the Secretary of State of Kentucky who in tum gave notice to the defendant in accordance with the Kentucky nonresident motorist statute. Defendant entered a special appearance and moved that the case be dismissed on the ground of improper venue. The motion was overruled and the Court of Appeals for the Sixth …

Conflict Of Laws--Effect Of Forum's Statute Of Frauds On Foreign Oral Contract To Bequeath Property, David D. Dowd, Jr. S.Ed.

Michigan Law Review

Plaintiff brought an action in New York for specific performance of an oral agreement allegedly made by testator in Florida not to change his will without plaintiff's consent. Defendant's motions for dismissal of the complaint and summary judgment were dismissed. The appellate division on reargument entered orders reversing the lower court. On plaintiff's appeal to the court of appeals, held, affirmed. The New York Personal Property Law, which states that oral contracts to bequeath property are void, is controlling, regardless of whether this section of the statute of frauds is procedural or substantive. If the section is procedural, the …

Conflict Of Laws - Torts - Proper Party Plaintiff In Wrongful Death Actions, John M. Webb

Michigan Law Review

The purpose of this comment is to examine the differing solutions and determine the vitality of the common law rule in wrongful death actions.

Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.

Michigan Law Review

Plaintiff was a Massachusetts real estate broker, not licensed to do business in New York. Defendants, who resided in New York, owned real estate in Massachusetts and executed a brokerage contract there with the plaintiff. The real estate was leased to a Massachusetts corporation through plaintiff's efforts. All of plaintiff's services, with the exception of several important conferences in New York, were performed in Massachusetts. On plaintiff's suit for unpaid commissions, held, for defendant. The New York brokerage laws prohibit recovery in a New York court by brokers, unlicensed in New York, who perform any brokerage services within the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

=================================

Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

=================================

Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

=================================

Domestic Relations--Adoption--Revocation of Consent by Natural Parents

=================================

Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

=================================

Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

=================================

Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

=================================

Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee

Conflict Of Laws - Full Faith And Credit - Exclusive-Remedy Provision Of Foreign Workmen's Compensation Law, Morton A. Polster S.Ed.

Michigan Law Review

Plaintiff, a resident of Missouri, entered into an employment contract there with a Missouri painting company. He was injured while working in Arkansas on a job his employer had subcontracted from the defendant, a Louisiana contractor. The Missouri employer's insurer voluntarily began weekly payments to the plaintiff pursuant to the Missouri workmen's compensation law, although there had been no formal proceeding or award. Payments under the Missouri act were exclusive of all other rights and remedies. After receiving thirty-four payments, the plaintiff sued the defendant for negligence in the Arkansas courts. The defendant had the case removed to the federal …

Bills And Notes - Stolen Government Bonds Applicable Law - Burden Of Proof, Henry A. Giuliani

Villanova Law Review

No abstract provided.

Rationale Of Valuation Of Foreign Money Obligations, Charles Evan

Michigan Law Review

What then should a creditor of a foreign money obligation collect where there was a delay in payment? When are damages for depreciation of foreign money recoverable? As of what time and in what currency are they to be computed? How is the value of a foreign money obligation to be measured where no damages may be had? The answers to these and other incidental questions require a thorough analysis of certain features peculiar to the law of money.

It is the purpose of this article to clarify these problems, to sum up the primary principles by which they are …