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The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review Dec 1965

The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review

Michigan Law Review

Although section 1651 was enacted in its present form in 1948, the statutory language of subsection (a) can be traced back to the original Judiciary Act of 1789, in contrast to the terminology in subsection (b), the origins of which are obscure. It is clear, however, that both the alternative writ and the rule nisi are granted on motions ex parte and are in the nature of show-cause orders. These writs were at one time used in place of the modern summons or process and also served as a means of framing the issues to be contested before a court …


Prejudicial Reliance Upon A Trial Court's Ruling May Result In Suspension Of Federal Rules On Timeliness Of Appeals-Thompson V. Immigration & Naturalization Serv.; Wolfsohn V. Hankin, Michigan Law Review May 1965

Prejudicial Reliance Upon A Trial Court's Ruling May Result In Suspension Of Federal Rules On Timeliness Of Appeals-Thompson V. Immigration & Naturalization Serv.; Wolfsohn V. Hankin, Michigan Law Review

Michigan Law Review

In Thompson v. Immigration & Naturalization Serv., twelve days after the federal district court had entered an order denying a petition for naturalization, petitioner announced his intention of making motions for a new trial and amended findings of fact. Although the motions must be filed within ten days of the entry of judgment, the judge assured petitioner they were made in ample time, and no objection was raised by the Government. Six months later the motions were denied. Within sixty days of this denial, but not within sixty days of the original judgment, petitioner filed a notice of appeal. …


Rosenberg: The Pretrial Conference And Effective Justice--A Controlled Test In Personal Injury Litigation, Edward H. Rabin Jan 1965

Rosenberg: The Pretrial Conference And Effective Justice--A Controlled Test In Personal Injury Litigation, Edward H. Rabin

Michigan Law Review

A Review of The Pretrial Conference and Effective Justice--A Controlled Test in Personal Injury Litigation by Maurice Rosenberg