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Civil Procedure

Michigan Law Review

Civil Practice Act

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Full-Text Articles in Law

Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown Jun 1954

Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown

Michigan Law Review

With one exception the cases decided in the federal courts under the Federal Rules of Civil Procedure have held that the plaintiff is free to plead a counterclaim in the reply, although in every instance the counterclaim in the reply under consideration was one related to the subject matter of the counterclaim pleaded in the defendant's answer.


Discovery-Oral Examination-Right To, And Scope Of, Cross-Examination Under New York And Federal Procedure, Daniel A. Isaacson Feb 1950

Discovery-Oral Examination-Right To, And Scope Of, Cross-Examination Under New York And Federal Procedure, Daniel A. Isaacson

Michigan Law Review

At the close of plaintiff's pre-trial examination of. defendant corporation's employee on the question of failure to make delivery of merchandise pursuant to certain contracts, attorney for defendant began to cross-examine. Plaintiff objected to this procedure but permitted the cross-examination to continue, reserving his right to make application to the court to strike out the testimony. Held, testimony stricken. There should be no cross-examination in a pre-trial examination except for the limited purpose of clarifying an answer given on direct examination, and cross-examination to elicit additional information to that already adduced by the moving party or to give a …


Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague Feb 1943

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 …