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Articles 11671 - 11700 of 12146
Full-Text Articles in Entire DC Network
Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss
Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss
Michigan Law Review
The Judicial Code provides, in section 265, that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State," except where authorized by the Bankruptcy Act. This provision, minus the bankruptcy exception, first appeared in an act of 1793, amending the Judiciary Act of 1789. We know next to nothing of the parliamentary history of this statute. We do, however, know that the basic political issue in the framing of the Constitution was that of states' rights, the question how far the new government should be a …
Cardozo And The Supreme Court, Samuel Jackson
Cardozo And The Supreme Court, Samuel Jackson
Indiana Law Journal
No abstract provided.
Author And Title Index To Papers And Index To Portraits In The Proceedings Of The Bar Association Of Tennessee, Sessions 1050, 1882-1931
Tennessee Law Review
No abstract provided.
The New Tennessee Code, Charles C. Trabue
Proceedings Before A Justice Of The Peace, Richard N. Ivins
Proceedings Before A Justice Of The Peace, Richard N. Ivins
Tennessee Law Review
No abstract provided.
A History Of Codification In Tennessee (Con't), Samuel C. Williams
A History Of Codification In Tennessee (Con't), Samuel C. Williams
Tennessee Law Review
No abstract provided.
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Michigan Law Review
On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."
Bailments-Nature Of Relationship-Duty Of Bailee
Bailments-Nature Of Relationship-Duty Of Bailee
Indiana Law Journal
No abstract provided.
Procedural Reform In Indiana, Bernard C. Gavit
Procedural Reform In Indiana, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
A History Of Codification In Tennessee, Samuel C. Williams
A History Of Codification In Tennessee, Samuel C. Williams
Tennessee Law Review
No abstract provided.
Contributors Of Articles In This Issue
Changing Concepts Of A Lawyer's Preparation, Will Shafroth
Changing Concepts Of A Lawyer's Preparation, Will Shafroth
Tennessee Law Review
No abstract provided.
Liability Of Drawee Bank Where A Check Or Bill Has Been Materially Altered Before Payment, Acceptance Or Certification, Elmer W. Beasley
Liability Of Drawee Bank Where A Check Or Bill Has Been Materially Altered Before Payment, Acceptance Or Certification, Elmer W. Beasley
Tennessee Law Review
No abstract provided.
History Of The Bar Association Of Tennessee From 1924 To June, 1931
History Of The Bar Association Of Tennessee From 1924 To June, 1931
Tennessee Law Review
No abstract provided.
Civil Pleading In Scotland, Robert Wyness Millar
Civil Pleading In Scotland, Robert Wyness Millar
Michigan Law Review
Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …
Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Indiana Law Journal
No abstract provided.
Courts-Discretion To Refuse Jurisdiction-Forum Non Conveniens
Courts-Discretion To Refuse Jurisdiction-Forum Non Conveniens
Michigan Law Review
In these days of frequent travel and of corporations doing business in many states, a plaintiff with a transitory cause of action often can get personal service on defendant in more than one jurisdiction. This privilege may be abused, and to meet such abuse a plea of forum non conveniens is proper, the substance of which, as its name implies, is that the forum is not appropriate for the trial of the suit. Where either of the parties is a resident, or where the cause of action arose within the jurisdiction, the forum will usually be as appropriate as any, …
Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court
Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court
Michigan Law Review
The defendant was indicted for violation of the National Prohibition Act. He pleaded immunity from prosecution in the federal court because of his forced testimony in the trial of another in the state court. Held, the state immunity statute was ineffective to protect the defendant in a federal court. United States v. Smith, 51 F.(2d) 803 (1931).
Should Iowa Establish A Court Of Claims? - Part Ii, Frank E. Horack Jr.
Should Iowa Establish A Court Of Claims? - Part Ii, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Law--Compelling Witness Duty From Absent Nationals
Constitutional Law--Compelling Witness Duty From Absent Nationals
Michigan Law Review
One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
Michigan Law Review
The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Michigan Law Review
Report No. 7 is a progress report on the study of the Federal Courts. It describes the plan and scope of the study and presents the results which have been obtained in the only district where sufficiently complete data have been obtained to justify tabulation, namely, the district of Connecticut.
Motions To Make Specific And To Resolve Conclusions, Walter R. Arnold
Motions To Make Specific And To Resolve Conclusions, Walter R. Arnold
Indiana Law Journal
No abstract provided.
Maintenance Of A Corporation's Capital, D. T. Krauss
Maintenance Of A Corporation's Capital, D. T. Krauss
Tennessee 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 …