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Articles 3901 - 3930 of 4162
Full-Text Articles in Jurisdiction
Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich
Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich
Maryland Law Review
No abstract provided.
Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich
Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich
Maryland Law Review
No abstract provided.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr.
Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr.
Kentucky Law Journal
No abstract provided.
Conflict Of Laws--Basis For Divorce--Jurisdictional Fact Concept, John H. Goad
Conflict Of Laws--Basis For Divorce--Jurisdictional Fact Concept, John H. Goad
Kentucky Law Journal
No abstract provided.
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Michigan Law Review
The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …
Taxation-Jurisdiction To Tax Trust Property-The Trust Device As An Instrumentality For Avoiding Taxation
Indiana Law Journal
No abstract provided.
Bankruptcy - Corporate Reorganization - Effect Of Release Of Collateral Obligor On Dissenting Creditors, Edward D. Ransom
Bankruptcy - Corporate Reorganization - Effect Of Release Of Collateral Obligor On Dissenting Creditors, Edward D. Ransom
Michigan Law Review
The federal district court confirmed a plan of reorganization of debtor corporation, under section 77B of the Bankruptcy Act, which expressly released defendant from liability as guarantor of bonds of the corporation and provided for cancellation of the bonds and substitution of new certificates of stock. The plaintiff, a bondholder, made no objection when the plan was submitted to the court; objection by other bondholders was overruled. The plaintiff brought suit in municipal court on the defendant's guaranty. Defendant pleaded the confirmation of the plan by the district court as res adjudicata. The trial court denied the plea and entered …
Taxation-Jurisdiction To Tax-Business Situs-Taxatino Of State Bank Shares
Taxation-Jurisdiction To Tax-Business Situs-Taxatino Of State Bank Shares
Indiana Law Journal
Recent Case Notes
Taxation - Jurisdiction Of A State To Tax Personal Incomes, Jack L. White
Taxation - Jurisdiction Of A State To Tax Personal Incomes, Jack L. White
Michigan Law Review
There have been comparatively few decisions of the United States Supreme Court involving questions of the jurisdiction of a state to impose income taxes, so that each case that has been reported has called for an adjustment of the earlier statements of the law in that field. Such a case was recently decided. It is the purpose of this comment to consider the earlier cases in the light of that decision, and to determine what proportion of the income of a resident, and of a non-resident, a state may tax.
Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson
Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson
Michigan Law Review
The case of University of Chicago v. Dater, recently decided by the Michigan Supreme Court, contains interesting and unusual problems in the field of conflict of laws. The University of Chicago had agreed to loan money to a Michigan resident, to be secured by Chicago realty. The note and trust mortgage were sent by plaintiff to a Michigan bank, as agent, which procured the signatures of defendant and her husband, and sent the papers back to plaintiff's agent in Chicago. Some question as to title to the land arose, followed by further negotiations, and nearly a month after the …
International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton
International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton
Michigan Law Review
The control which a littoral state may exercise over the adjacent sea has never been the subject of complete agreement among the nations of the world. Inability to agree and resulting confusion have arisen in many instances from a failure to distinguish between a claim of control over a definite strip of adjacent water, often spoken of as "territorial waters," analogous to the control exercised on land and a claim that, for the well-being of the littoral state, control for limited and specific purposes may be extended beyond these territorial waters. The most obvious example of this latter type of …
Corporations - Foreign Corporations - Service Of Process Based Upon Solicitation, Donald H. Larmee
Corporations - Foreign Corporations - Service Of Process Based Upon Solicitation, Donald H. Larmee
Michigan Law Review
The question of just when a foreign corporation is amenable to process for an in personam action has long troubled the courts. To one who is seeking a clear and applicable formula, the cases in this field offer but little aid because of the confusion created by the multitude of decisions upon the problem. The decisions of the United States Supreme Court itself are of no great assistance in deriving such a formula. Many attempts have been made by legal writers to define a working rule for this problem as a whole. However, the present writer will endeavor only to …
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson
Michigan Law Review
Complainant power company attacked as confiscatory the decrease in rates ordered by the Public Service Commission of Montana. The company demanded an interloctory injunction pending a final decree. It appeared that there was on the statute book of Montana a statute prohibiting supersedeas pending judicial review in such cases. The district court granted the commission's motion to dismiss on the ground that a plain, speedy, and efficient remedy was available to the plaintiff in the state courts, and hence the requirements of the Johnson Act of May 14, 1934, were met. Therefore, so it was contended, federal jurisdiction was precluded. …
Federal Courts - Removal Of Causes - Action By State Tax Collector Against National Bank To Recover Taxes - Federal Question, Malcolm L. Denise
Federal Courts - Removal Of Causes - Action By State Tax Collector Against National Bank To Recover Taxes - Federal Question, Malcolm L. Denise
Michigan Law Review
The state of Mississippi passed a statute imposing a tax upon national banks, under authority of a federal statute permitting such legislation. The state assessed the tax upon defendant's predecessor, and defendant, in taking over its predecessor's assets, undertook to pay all of its obligations, including taxes due. The state tax collector started suit on the contract in the state court, but upon defendant's application the cause was removed to the federal district court. On appeal it was held the case did not arise under the laws of the United States within the meaning of the removal statute because it …
State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams
State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams
Washington Law Review
In view of the clear acknowledgment by the Supreme Court of the United States that state courts cannot be required to take jurisdiction of actions by the Federal Government for the enforcement of its penal and revenue laws, it seems proper to give further attention to the subject matter of a recent Comment in this Law Review written for the purpose of demonstrating that a state court must take jurisdiction of civil actions for the enforcement by the Federal Government of its penal and revenue laws, unless the jurisdiction of the federal courts is made exclusive by statute.
Jurisdiction Over Non-Resident Motorists For Suits Arising From Local Accidents, James Morfit Mullen
Jurisdiction Over Non-Resident Motorists For Suits Arising From Local Accidents, James Morfit Mullen
Maryland Law Review
No abstract provided.
Venue Of Suit Against Domestic Corporation. M. J. Grove Lime Co. V. Wolfenden
Venue Of Suit Against Domestic Corporation. M. J. Grove Lime Co. V. Wolfenden
Maryland Law Review
No abstract provided.
Commission Jurisdiction Over Utility Cooperatives, Israel Packel
Commission Jurisdiction Over Utility Cooperatives, Israel Packel
Michigan Law Review
A group of farmers desire electricity. They propose to form a cooperative, to borrow money and to construct electric distribution lines. They probably will incorporate the cooperative as a stock or non-stock corporation in order to obtain the benefit of limited liability. The cooperative might be formed under a statute specifically enacted to authorize the formation of cooperatives or under a general incorporation statute. Normally, the charter of the cooperative will provide for equality in control by the members or shareholders and for a limited return or no return on capital investment. The cooperative will probably apply to the Federal …
Book Review. Stimson, E. S., Conflict Of Criminal Laws, Ralph F. Fuchs
Book Review. Stimson, E. S., Conflict Of Criminal Laws, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert C. Brown
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert C. Brown
Indiana Law Journal
Address by Robert C. Brown, Professor of Law at Indiana University School of Law, delivered at the National Tax Conference, Indianapolis, Indiana, October, 1936.
Equity-Jurisdiction Of Property Interests
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Michigan Law Review
Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …
The Proposed United States Administrative Court, Robert M. Cooper
The Proposed United States Administrative Court, Robert M. Cooper
Michigan Law Review
The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …
Conflict Of Laws -Enforceability Of Tax Judgment In Courts Of A Sister State - Full Faith And Credit
Conflict Of Laws -Enforceability Of Tax Judgment In Courts Of A Sister State - Full Faith And Credit
Michigan Law Review
A court of competent jurisdiction in Wisconsin gave the plaintiff a judgment against the defendants an Illinois corporation, for truces levied by Wisconsin upon income earned in that state. A federal district court in Illinois, relying on a theory that one state should not undertake to enforce the revenue laws of a sister state, dismissed an action on the judgment instituted by the plaintiff. The plaintiff appealed. Held, principles of comity and the "full faith and credit" clause of the Federal Constitution require that the action be entertained. Milwaukee County v. M. E. White Co., 296 U.S. 268, …
The Jurisdiction Of Courts (Part 3), Bernard C. Gavit
The Jurisdiction Of Courts (Part 3), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Jurisdiction Of Courts (Part 2), Bernard C. Gavit
The Jurisdiction Of Courts (Part 2), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act
Michigan Law Review
Plaintiffs sued in a federal district court for an injunction restraining enforcement of an order of the Corporation Commission of Oklahoma reducing gas rates. The plaintiffs alleged that the new rates were confiscatory and in violation of due process of law under the Fourteenth Amendment. It appeared that there was much uncertainty in the decisions of the Supreme Court of Oklahoma as to whether the appeal to that court from the orders of the Corporation Commission were legislative or judicial. Held, that in view of the uncertainty of an opportunity for judicial review of the orders of the Commission, …
Attack On Decrees Of Divorce, Albert C. Jacobs
Attack On Decrees Of Divorce, Albert C. Jacobs
Michigan Law Review
Hitherto we have been concerned with the extent to which a decree is impeachable at the suit of one of the so-called "contestants" to the divorce litigation. But other parties, second spouses, children, personal representatives, grantees of a divorced party, and other third persons, may be affected; they may desire to question its efficacy. Are they controlled by the same principles of attack which govern the divorce litigants? Do these third persons all stand in the same position when they seek to assail the decree?
Conflict Of Laws-Jurisdiction Over Nonresident Carriers As Limited By Doctrine Of Unreasonable Burden On Interstate Commerce
Michigan Law Review
There is little question today but that a foreign corporation may be subject to suit and a personal judgment in a state where it is doing business if service has been had upon a proper agent of the corporation, designated by law or otherwise. There may be consider able question as to what constitutes "doing business." The fact that the business carried on by a corporation is wholly interstate in character will not prevent that corporation from being subject to service in the same manner as though it were doing intrastate business as well a It also seems clear that …