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Articles 1 - 18 of 18

Full-Text Articles in Law

Remittiturs And Additurs, Leo Carlin Dec 1942

Remittiturs And Additurs, Leo Carlin

West Virginia Law Review

No abstract provided.


Contempt By Publication In West Virginia, G. W. E. Dec 1942

Contempt By Publication In West Virginia, G. W. E.

West Virginia Law Review

No abstract provided.


Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff Oct 1942

Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff

Michigan Law Review

The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …


Pleading And Practice--Nonsuit After Motion To Direct A Verdict, B. D. T. Jun 1942

Pleading And Practice--Nonsuit After Motion To Direct A Verdict, B. D. T.

West Virginia Law Review

No abstract provided.


Requirement Of Consent Of Three-Fourths Of Jury To Verdicts In Civil Action, Abolishing Law Of Unanimous Consent, Julian F. Bouchelle Feb 1942

Requirement Of Consent Of Three-Fourths Of Jury To Verdicts In Civil Action, Abolishing Law Of Unanimous Consent, Julian F. Bouchelle

West Virginia Law Review

No abstract provided.


Reform Of Administrative Procedure, Gilbert H. Montague Feb 1942

Reform Of Administrative Procedure, Gilbert H. Montague

Michigan Law Review

On January 22, 1941, the Attorney General's Committee on Administrative Procedure, appointed to investigate the need for procedural reform in various federal administrative tribunals and to suggest improvements therein, submitted its final report and a proposed bill to Attorney General Jackson, who on January 24, 1941, transmitted these to the Senate with his recommendation that the proposed bill receive favorable consideration. Every member of the committee approved this report and this proposed bill, but the approval of four members of the committee was subject to their additional views and recommendations, expressed in statements and in a differing proposed bill. Pending …


Pleading--Nonjoinder Of Contract Plaintiffs, B. D. T. Feb 1942

Pleading--Nonjoinder Of Contract Plaintiffs, B. D. T.

West Virginia Law Review

No abstract provided.


A Note On Declaratory Judgment Pleading And Practice, Thomas B. Jackson Feb 1942

A Note On Declaratory Judgment Pleading And Practice, Thomas B. Jackson

West Virginia Law Review

Three years ago as President of this Association, I delivered an address advocating the adoption of declaratory judgment procedure in the courts of this state by procedural rule to be promulgated by the Supreme Court of Appeals. Thereafter the Judicial Council recommended such a rule to the court which, without denying its jurisdiction, declined to make the procedure effective on the ground that, if advisable, it should be effected through legislative action rather than by rule of court. Later, your Executive Council apparently impressed with the desirability of the new procedure, secured the enactment of the Uniform Declaratory Judgment Act …


Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams Feb 1942

Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams

Michigan Law Review

Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …


Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review Feb 1942

Practice And Procedure - Voluntary Nonsuit - Treatment Under Michigan Court Rules, Michigan Law Review

Michigan Law Review

In an action for malpractice, after the plaintiff had rested, defendant moved for a directed verdict. In response to an inquiry as to how he intended to rule upon the motion, the trial judge indicated that he would have to grant the motion. Plaintiff then moved for a voluntary nonsuit, but the judge proceeded to direct a verdict for the defendant. He later granted a motion to vacate the order directing a verdict and to set aside the verdict and judgment. Defendant sought mandamus to compel the trial judge to reinstate the directed verdict and judgment. Held, that under. …


Some Administrative Implications Of The Morgan Decisions, Wallace Mendelson Jan 1942

Some Administrative Implications Of The Morgan Decisions, Wallace Mendelson

Kentucky Law Journal

No abstract provided.


Declaratory Judgments In Maryland , Richard W. Case Jan 1942

Declaratory Judgments In Maryland , Richard W. Case

Maryland Law Review

No abstract provided.


Res Judicata In License Determinations Before Administrative Tribunals - Knox V. Mayor And City Council Of Baltimore City Jan 1942

Res Judicata In License Determinations Before Administrative Tribunals - Knox V. Mayor And City Council Of Baltimore City

Maryland Law Review

No abstract provided.


Res Judicata And Conspiracy Cases Under The Sherman Act, Forrest Revere Black Jan 1942

Res Judicata And Conspiracy Cases Under The Sherman Act, Forrest Revere Black

Kentucky Law Journal

No abstract provided.


Federal Procedure, Validity Of Rule 35a Requiring Plaintiff To Submit To A Physical Examination, John H. Clark Jr. Jan 1942

Federal Procedure, Validity Of Rule 35a Requiring Plaintiff To Submit To A Physical Examination, John H. Clark Jr.

Kentucky Law Journal

No abstract provided.


Unsatisfied Judgment Against The Servant As A Bar To Suit Against The Master, R, Pollard White Jan 1942

Unsatisfied Judgment Against The Servant As A Bar To Suit Against The Master, R, Pollard White

Kentucky Law Journal

No abstract provided.


The Scope Of Cross-Examination, John A. Fulton Jan 1942

The Scope Of Cross-Examination, John A. Fulton

Kentucky Law Journal

No abstract provided.


The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens Jan 1942

The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens

Kentucky Law Journal

No abstract provided.