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- Rules of Civil Procedure (3)
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Articles 1 - 30 of 37
Full-Text Articles in Law
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Michigan Law Review
Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …
Federal Procedure - Judgments - Finality Of Judgment Required To Begin Running Of Time For Appeal, Arnold Henson S.Ed.
Federal Procedure - Judgments - Finality Of Judgment Required To Begin Running Of Time For Appeal, Arnold Henson S.Ed.
Michigan Law Review
Plaintiff brought action in a federal district court to recover taxes alleged to have been illegally assessed, and for interest thereon. On April 14, 1955, after hearing plaintiff's motion for summary judgment, the district judge filed an opinion stating that the motion was granted, and finding the amount of the taxes paid, but not finding the date of payment or the amount of interest due. The clerk noted: "April 14, 1955 ... Decision rendered on motion for summary judgment. Motion granted. See opinion on file." On May 24, 1955, plaintiff submitted a formal judgment which was signed and filed by …
Civil Procedure - Trial Practice - Consecutive Motions For Directed Verdict, John Gelder S.Ed.
Civil Procedure - Trial Practice - Consecutive Motions For Directed Verdict, John Gelder S.Ed.
Michigan Law Review
Plaintiff brought an action to recover arrearages in rent. At the conclusion of the evidence, plaintiff and then defendant made motions for a directed verdict. The trial court held that where both parties make a motion to direct a verdict, it is the duty of the court to decide the case on its merits and accordingly found in favor of the plaintiff. Defendant immediately moved to amend his motion to attach a reservation which would have the issues submitted to a jury, but the amendment was disallowed. The appellate court reversed the judgment, finding prejudice to defendant since the trial …
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
Jesse Carter Opinions
Promotional give-away program was not a lottery for lack of consideration where tickets were widely distributed to customers and non-customers, and no product or ticket purchase was necessary.
Civil Procedure—Capacity Of Incompetent To Sue, Buffalo Law Review
Civil Procedure—Capacity Of Incompetent To Sue, Buffalo Law Review
Buffalo Law Review
Sengstack v. Sengstack, 4 N.Y.2d 502, 176 N.Y.S.2d 337 (1958).
Civil Procedure—Res Judicata—Judgment For Defendant On Non-Appearance Of Plaintiff No Bar To Subsequent Action, Buffalo Law Review
Civil Procedure—Res Judicata—Judgment For Defendant On Non-Appearance Of Plaintiff No Bar To Subsequent Action, Buffalo Law Review
Buffalo Law Review
Greenberg v. DeHart, 4 N.Y.2d 511, 176 N.Y.S.2d 344 (1958).
Civil Procedure—Res Judicata And Collateral Estoppel—Identity Of Parties, Buffalo Law Review
Civil Procedure—Res Judicata And Collateral Estoppel—Identity Of Parties, Buffalo Law Review
Buffalo Law Review
Commissioners v. Low, 3 N.Y.2d 590, 170 N.Y.S.2d 795 (1958).
Civil Procedure—Separate Trial Where Insurance Company Joined As Party Defendant, Buffalo Law Review
Civil Procedure—Separate Trial Where Insurance Company Joined As Party Defendant, Buffalo Law Review
Buffalo Law Review
Kelley v. Yannotti, 4 N.Y.2d 603, 176 N.Y.S.2d 660 (1958).
Civil Procedure—Enforcement Of Fiduciary Obligation By Contempt Proceedings—Per Curiam, Buffalo Law Review
Civil Procedure—Enforcement Of Fiduciary Obligation By Contempt Proceedings—Per Curiam, Buffalo Law Review
Buffalo Law Review
Pieper v. Renke, 4 N.Y.2d 410, 176 N.Y.S.2d 265 (1958).
Civil Procedure—Champerty—Question For The Jury, Buffalo Law Review
Civil Procedure—Champerty—Question For The Jury, Buffalo Law Review
Buffalo Law Review
Sprung v. Jaffe, 3 N.Y. 2d 539, 169 N.Y.S.2d 456 (1957).
Civil Procedure—Requirement Of Court Approval For Execution Of Old Judgment, Buffalo Law Review
Civil Procedure—Requirement Of Court Approval For Execution Of Old Judgment, Buffalo Law Review
Buffalo Law Review
Levine v. Bornstein, 4 N.Y.2d 241, 173 N.Y.S.2d 599 (1958).
Civil Procedure—Notice Of Amount On Summons For Default Judgment Not Restrictive Of Jurisdiction As To Causes Of Actions Sued, Buffalo Law Review
Civil Procedure—Notice Of Amount On Summons For Default Judgment Not Restrictive Of Jurisdiction As To Causes Of Actions Sued, Buffalo Law Review
Buffalo Law Review
Everitt v. Everitt, 4 N.Y.2d 13, 171 N.Y.S.2d 836 (1958).
Civil Procedure—Service Of Process-Immunity Of Non-Resident Attending Court In New York, Buffalo Law Review
Civil Procedure—Service Of Process-Immunity Of Non-Resident Attending Court In New York, Buffalo Law Review
Buffalo Law Review
Thermoid Co. v. Fabel, 4 N.Y.2d 494, 176 N.Y.S.2d 331 (1958).
Civil Procedure—Service Of Process On Foreign Corporation Doing Business Within State, Buffalo Law Review
Civil Procedure—Service Of Process On Foreign Corporation Doing Business Within State, Buffalo Law Review
Buffalo Law Review
Miller v. Surf Properties, Inc., 4 N.Y. 475, 176 N.Y.S.2d 318 (1958).
Federal Rules Of Civil Procedure: Liberal Joinder Of Issues And The Sequence Of Trial
Federal Rules Of Civil Procedure: Liberal Joinder Of Issues And The Sequence Of Trial
Indiana Law Journal
No abstract provided.
Practice And Procedure, James C. Young
Practice And Procedure, James C. Young
Washington Law Review
Covers cases on landlord and tenant—unlawful detainer—jurisdiction over the person and on dismissal and nonsuit—voluntary nonsuit—nature of right.
Cml Procedure - Mandamus - Application To Erroneous Refusal To Dismiss On The Ground Of Forum Non Conveniens, George E. Parker Iii
Cml Procedure - Mandamus - Application To Erroneous Refusal To Dismiss On The Ground Of Forum Non Conveniens, George E. Parker Iii
Michigan Law Review
Petitioner railroad, defendant in a suit brought in Illinois under the Federal Employers' Liability Act, moved to dismiss on the ground of forum non conveniens. The accident occurred in New Mexico, and none of the parties or witnesses was a resident of Illinois. The railroad, however, did business in Illinois as well as in other states, and had its principal offices and legal staff in Chicago. Upon denial of the motion to dismiss, the railroad, on original petition to the Supreme Court of Illinois, sought a writ of mandamus to compel dismissal. Held, writ denied, two justices dissenting. Mandamus …
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Michigan Law Review
Over the course of the past twenty years, the desirability of trial by jury has been a subject of constant debate. In contrast, the matter of jury selection has been given little direct attention. Yet it is obvious that if consideration is given to improvements in selection procedure aimed primarily at raising the calibre of the jury panel, disappointment in the judicial process due to the general ineptness of jurors can be decreased. It is true that the fate of a litigant often is entirely within the discretion of the jury. This is not necessarily a reason for the abandonment …
Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed.
Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed.
Michigan Law Review
Plaintiff brought suit in the Municipal Court of Cleveland based on an automobile collision which occurred in the city. Defendant was served by mail at his residence outside the city and beyond the territorial jurisdiction of the court. Appearing specially, defendant moved to quash service of summons; the trial court overruled the motion and gave him leave to plead. Defendant then filed a counterclaim based on the same collision, alleging the negligence of the plaintiff and requesting damages. On appeal of the decision overruling his motion to quash service, held, defendant had not waived his objection to jurisdiction by …
Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger
Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger
Michigan Law Review
In an action arising out of a highway collision, plaintiff sought disclosure of the amount of defendant's liability insurance in a pre-trial discovery proceeding. The defendant was adjudged to be in default for his refusal to disclose this information. On a writ of certiorari, held, the order of the trial court is quashed. Only matters which can actually be admitted and used as evidence or matters which might lead to the finding of such evidence are proper subjects of discovery under the Florida rule. The amount of defendant's insurance is not relevant to the litigation since it will accomplish …
Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner
Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner
Michigan Law Review
The United States as plaintiff instituted denaturalization proceedings alleging that deliberately false statements were made by defendant at the time of his naturalization. No "affidavit showing good cause" for such suit, required by section 340 (a) of the Immigration and Nationality Act of 1952, was filed with the original complaint although one was filed with a later amended complaint. When plaintiff sought to take defendant's deposition pursuant to rule 26, Federal Rules of Civil Procedure, defendant appeared for the examination but refused to be sworn. He was taken before the district court which directed that he be sworn, and he …
Pleading--Statute Of Limitations--Relation Back Of An Amendment Changing The Defendant, James Park Jr.
Pleading--Statute Of Limitations--Relation Back Of An Amendment Changing The Defendant, James Park Jr.
Kentucky Law Journal
No abstract provided.
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
The Effectiveness Of Pre-Trial Conference Under The New Rules Of Civil Procedure, Chester D. Adams
The Effectiveness Of Pre-Trial Conference Under The New Rules Of Civil Procedure, Chester D. Adams
Kentucky Law Journal
No abstract provided.
Heart-Balm Statute No Bar To Restitution Of Property, William Sugnet
Heart-Balm Statute No Bar To Restitution Of Property, William Sugnet
Buffalo Law Review
Pavlicic v. Vogtsberger, 136 A.2d 127 (Pa. 1957).
Pleadings--Kentucky Rules Of Civil Procedure--Rule 8.01--Does Pleading An Express Contract Permit Recovery Upon An Implied Contract?, Carl R. Clontz
Pleadings--Kentucky Rules Of Civil Procedure--Rule 8.01--Does Pleading An Express Contract Permit Recovery Upon An Implied Contract?, Carl R. Clontz
Kentucky Law Journal
No abstract provided.
Pleading--When Is An Action Commenced?, Billy R. Paxton
Pleading--When Is An Action Commenced?, Billy R. Paxton
Kentucky Law Journal
No abstract provided.
The Use And Abuse Of The Rules Of Civil Procedure, Watson Clay
The Use And Abuse Of The Rules Of Civil Procedure, Watson Clay
Kentucky Law Journal
No abstract provided.
Desposition And Discovery, Lawrence S. Grauman
Desposition And Discovery, Lawrence S. Grauman
Kentucky Law Journal
No abstract provided.
Trial Juries And The New Rules--Right To Trial By Jury, James R. Richardson
Trial Juries And The New Rules--Right To Trial By Jury, James R. Richardson
Kentucky Law Journal
No abstract provided.