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Articles 481 - 510 of 512
Full-Text Articles in State and Local Government Law
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Michigan Law Review
The plaintiffs filed a complaint in the United States District Court for the Northern District of Ohio in order to obtain service on the defendant. The plaintiff then filed a motion for an order to transfer the cause to the United States District Court for the Western District of Pennsylvania under Title 28 U.S.C.A. 1404(a) on the grounds that all the plaintiffs and witnesses resided in Pennsylvania, that it would be inconvenient and expensive to transport these witnesses to Ohio, and that the cause of action arose in Pennsylvania. Held, motion denied. Title 28 U.S.C.A. 1404(a) is not available …
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Michigan Law Review
Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after …
Witnesses-Prior Conviction Of Crime To Impeach-Circumstances Of Sentencing Not Admissible, J. D. Mcleod S.Ed.
Witnesses-Prior Conviction Of Crime To Impeach-Circumstances Of Sentencing Not Admissible, J. D. Mcleod S.Ed.
Michigan Law Review
ln an action to recover for personal injuries sustained in 1945, at which time he was a prisoner of the State of Virginia, plaintiff testified in his own behalf at the jury trial. On cross-examination, he admitted that he had been convicted of assault in 1943, that sentence had been suspended on condition that he enter the service, and that he had been sentenced to jail when he failed to enter the service. In his argument, defendant's attorney declared that the action had its inception in 1943, and emphasized that plaintiff had failed to enter the service when the sentence …
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Michigan Law Review
Plaintiff's cause of action arose out of a highway accident that occurred on October 1, 1943. Basing jurisdiction on diversity of citizenship, he brought suit in a United States District Court in Kansas. The complaint was filed on September 4, 1945, and defendant was served on December 28, 1945. In Kansas, the two-year statute of limitations applicable to such tort claims is tolled by service on the defendant, not by filing the complaint. Held, plaintiff is barred by the Kansas statute of limitations. Ragan v. Merchants Transfer & Warehouse Co., Inc., (U.S. 1949) 69 S.Ct. 1233.
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Michigan Law Review
Petitioner was summoned to appear as a witness before one of Oakland County's judges who was then acting in the capacity of "one-man grand juror." This proceeding was attended only by petitioner, the judge grand juror, and two other circuit judges acting as advisers to the latter. The purpose was to investigate alleged misconduct on the part of law-enforcing officials through the acceptance of bribes in the form of sales of worthless "bonds" on pin-ball machines. Petitioner admitted purchasing these "bonds" but could. not recall just what he had done with them when they had expired. Concluding that the petitioner's …
Right Of Jury Trial In Kentucky Of Legal Issues In An Equitable Proceeding, James E. Adkins
Right Of Jury Trial In Kentucky Of Legal Issues In An Equitable Proceeding, James E. Adkins
Kentucky Law Journal
No abstract provided.
Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague
Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague
Michigan Law Review
In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …
Appeals From Civil Contempt In Kentucky--Does $200 Limitation Apply?, Barbara Moore
Appeals From Civil Contempt In Kentucky--Does $200 Limitation Apply?, Barbara Moore
Kentucky Law Journal
No abstract provided.
Remittitur In Kentucky, Clarence Cornelius
Federal Courts - Substance And Procedure - Effect Of Erie Railroad V. Tompkins And Rule 8 (C) Of The Federal Rules Of Civil Procedure Upon Burden Of Proof Of Contributory Negligence, John H. Uhl
Michigan Law Review
The case of Erie Railroad v. Tompkins has wrought a great change in the relationship between the state and federal courts. Prior to its decision, the federal courts under the rule of Swift v. Tyson did not have to apply the state non-statutory law. They could apply their own notions as to what the law was in matters of general law relating to substance. The Conformity Act compelled the federal courts to follow the practice, pleading, and forms and modes of proceeding in like causes in the courts of the state within which the federal district courts were held. In …
Practice Before The Kentucky Department Of Revenue, James W. Martin
Practice Before The Kentucky Department Of Revenue, James W. Martin
Kentucky Law Journal
No abstract provided.
Motion For Judgment On The Pleadings In Kentucky Other Than For Judgment Notwithstanding The Verdict, Jo M. Ferguson
Motion For Judgment On The Pleadings In Kentucky Other Than For Judgment Notwithstanding The Verdict, Jo M. Ferguson
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 …
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.
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Michigan Law Review
In an action to recover from the defendant gas company damage to the plaintiff's building caused by a gas explosion resulting from a defective pipe, the plaintiff's only evidence to prove the defendant's duty to repair it was that the pipe was used exclusively for the conveyance of the defendant's gas, and that the meters to which the pipe was connected were owned and controlled by the defendant. The trial court, by virtue of the scintilla rule, submitted the case to the jury which rendered a verdict for the plaintiff. Held, the scintilla rule no longer prevails in Ohio, …
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Michigan Law Review
Many state legislatures have undertaken to subject non-resident persons or unincorporated groups, or both, to the power of their local courts in relation to business transacted within their limits. No less than forty States have at one time or another enacted statutes providing for substituted service of process in actions arising out of such transactions. Most of these statutes apply to non-residents generally; but in eighteen States statutes, now or formerly in force, have provided in express terms for substituted service on non-resident partnerships or unincorporated associations. Both types alike provide that service may be made upon an actual agent …
Practice And Procedure - Joinder Of Parties And Causes Under The Uniform Fraudulent Conveyance Act
Practice And Procedure - Joinder Of Parties And Causes Under The Uniform Fraudulent Conveyance Act
Michigan Law Review
The plaintiff sought, in one suit, to recover the amount of a promissory note from the maker and to attack a transfer of property by the maker to her brother, alleged to be a fraud on the maker's creditors. The maker and transferee were made defendants. The transferee demurred to the complaint on the ground that the two defendants had essentially different liabilities and so could not be joined in one action, under the South Dakota code. Held, that section 9 of the Uniform Fraudulent Conveyance Act permits the plaintiff to proceed in one action for a judgment on …
Equity-Intervention
Michigan Law Review
A Kansas statute forbids the operation of theatres on Sunday. Appellee obtained an interlocutory injunction restraining "the Attorney General of the State of Kansas, and his subordinates . . . and every other person acting or attempting to act for said defendants" from enforcing the statute. Following this temporary injunction the appellee continued to operate his theatres on Sunday, and when the municipal authorities of Winfield and Eldorado threatened to enforce municipal ordinances prohibiting Sunday shows, the appellee served them with copies of the preliminary order against the attorney general, and warned them that contempt proceedings would be instituted if …
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 …
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.
Pleading And Practice Under The Revised Code, Lawrence R. Lynch
Pleading And Practice Under The Revised Code, Lawrence R. Lynch
West Virginia Law Review
In a paper of limited length such as this necessarily must be, it is impracticable to discuss or even to mention many of the changes in pleading and practice contained in the Revised Code. For that reason this discussion will be confined primarily to some important and interesting changes in Chapter 56, entitled "Pleading and Practice." At the outset it may be said that the revisers have retained the common law system of pleading and procedure. They declined follow in the steps of those jurisdictions which have adopted what is known as code pleading and practice. Such changes as the …
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
Report To The Committee On Judicial Administration And Legal Reform Of The West Virginia Bar Association Containing Suggestions Concerning Pleading And Practice In West Virginia, Thurman W. Arnold, James W. Simonton, Harold C. Havighurst
West Virginia Law Review
No abstract provided.
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
Comments On Proposed Changes In Procedure In West Virginia, Edson R. Sunderland
West Virginia Law Review
No abstract provided.
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
Michigan Law Review
The task which the American Law Institute has undertaken is to make a statement of the common law, in its various branches. The end in view is not codification; indeed the idea is directly opposed to codification. It is hoped to have, when the work is completed, an accurate statement of existing common law, carefully and systematically made, from which local variations and peculiarities have been ironed out. It is hoped, in other words, to restore both accuracy and continuity to the pattern of the common law fabric as it is woven in our judicial mills.
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Michigan Law Review
An interesting recent decision in Minnesota, Schendel v. C. M. & St. P. Ry. Co., raises two important questions concerning the effect to be given in one state of the Union to a judgment rendered in the courts of another. An action was brought in Minnesota by a special administrator, there appointed, to recover damages for the death of his decedent. The accident resulting in death had occurred in Iowa while the decedent, it was claimed, was engaged in inter-state commerce, so as to bring the claim within the federal statute. To this Minnesota action the defendant set up …
Logic V Common Sense In Pleading, Nathan Isaacs
Logic V Common Sense In Pleading, Nathan Isaacs
Michigan Law Review
Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that
Procedural Reform, Robert Mcmurdy
Procedural Reform, Robert Mcmurdy
Michigan Law Review
In legal fetters, bound upon us largely by our own consent, the profession struggles, afraid to free itself, partly because of the word reform with its accepted implications.
The Demurrer Under The Civil Code Of Practice In Kentucky, Basil Duke Sartin
The Demurrer Under The Civil Code Of Practice In Kentucky, Basil Duke Sartin
Kentucky Law Journal
No abstract provided.
May An Atheist Testify By Virtue Of Sections 605-606 Of The Civil Code Of Practice Of Kentucky?, Basil Duke Sartin
May An Atheist Testify By Virtue Of Sections 605-606 Of The Civil Code Of Practice Of Kentucky?, Basil Duke Sartin
Kentucky Law Journal
No abstract provided.
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Michigan Law Review
The Power of a Court to Compel a jury to Render its Verdict in Accordance with a Peremptory Instruction; The Liability of Municipal Corporations in the Discharge of Public or Governmental Duties and of Private or Corporate Duties; Some views of the Nature and Effect of Corporateness; Mitigation of Damages or Substituted Contract; Limitation of the Amount of a Carrier's Liability