Law Commons^™

Henderson V. Drake [Dissent], Jesse W. Carter

Jesse Carter Opinions

The court properly denied defendant's motion to dissolve an attachment because attachment remained effective after rendition of judgment for defendant until there was no longer a right to appeal and plaintiff still had chance to perfect an appeal.

Civil Practice—Pre-Trial Deposition, Sally Peard

Buffalo Law Review

Buffalo v. Hanna Furnace Corp., 305 N. Y. 369, 113 N. E. 2d 520 (1953).

Civil Practice—Deposit In Lieu Of Bail, Sally Peard

Buffalo Law Review

Standard Electric Equip. Corp. v. Laszkowski, 305 N. Y. 58, 110 N. E. 2d 555 (1953).

Civil Practice—Statute Of Limitations, Sally Peard

Buffalo Law Review

Blessington v. McCrory Stores Corp., 305 N. Y. 140, 111 N. E. 2d 421 (1953).

Civil Practice—Res .Ludicata And Election Of Remedies, Sally Peard

Buffalo Law Review

Smith v. Kirkpatrick, 305 N. Y. 66, 111 N. E. 2d 209 (1953).

Civil Practice—"Doing Business" Within The State, Sally Peard

Buffalo Law Review

Elish v. St. Louis Southwestern Ry. Co., 305 N. Y. 267, 112 N. E. 2d 842 (1953).

Civil Practice—Construction Of Complaint, Sally Peard

Buffalo Law Review

Curren v. O'Connor, 304 N. Y. 515, 109 N. E. 2d 605 (1952).

Civil Practice—Counterclaim In Suit By Partnership, Sally Peard

Buffalo Law Review

Ruzicha v. Rager, 305 N. Y. 191, 111 N. E. 2d 878 (1953).

Federal Venue—Waiver By State Non-Resident Motor Statutes, Morton Mendelsohn

Buffalo Law Review

McCoy v. Siler, 205 F. 2d 498 (3d Cir. 1953).

Civil Procedure - Judgments - Exceptions To The Rule Of Res Judicata, William A. Bain, Jr., S.Ed.

Michigan Law Review

A land contract provided for a conveyance to Pearson from Adams and his wife. The wife was not a party to the contract and refused to execute the deed. Pearson sought specific performance requesting relief of a type not then available in Illinois and when asked if he would accept a deed from Adams alone, he refused. The action was dismissed. Adams then brought this action in ejectment and Pearson counterclaimed requesting a deed executed by Adams alone. The trial court found that the judgment in the previous action was res judicata as to the counterclaim. On appeal, held, …

Civil Procedure - Compensation Of Witnesses In A Civil Action, David W. Belin S.Ed.

Michigan Law Review

As the amount and complexity of litigation has increased, there have been corresponding increases in demands for added compensation of witnesses. Like the juror, the witness often receives the time-honored answer that he cannot be heard to complain that his compensation is inadequate; the administration of justice is a mutual benefit to all members of the community, and each is under a public duty to further it.

At common law witnesses received no compensation. Time spent in testifying was held to be claimed by the public as a tax, paid by the witness to the system of law which protected …

Civil Procedure - Judgments - Res Judicata Effect Of Declaratory Judgments, Robert G. Russell S.Ed..

Michigan Law Review

In a former action brought pursuant to the Colorado Declaratory Judgment Act, plaintiff was declared to have the right to use a certain roadway as dedicated and defendant was enjoined from interfering with or obstructing plaintiff's use of the same. Thereafter, plaintiff brought the present action to recover damages allegedly resulting from defendant's blockading of the road prior to the bringing of the former action. On appeal from a judgment for plaintiff, held, reversed. Where, as here, the damages were antecedent and might with propriety have been determined in the same proceeding in which the declaratory judgment alone was …

Corporations - Shareholders - Right To Bring Derivative Action For Treble Damages Under Antitrust Laws, William K. Davenport S.Ed.

Michigan Law Review

Plaintiff, owner of 50 percent of the stock in a theater corporation, brought a derivative action in federal court for treble damages for loss of profits allegedly suffered from defendant's violation of the antitrust laws. The district court sustained defendant's motion to dismiss. On appeal to the court of appeals, held, reversed and remanded. Under the new federal rules, a stockholder may bring a derivative action for treble damages under the antitrust laws. Fanchon & Marco, Inc. v. Paramount Pictures, Inc., (2d Cir. 1953) 202 F. (2d) 731.

Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..

Michigan Law Review

A wife sued for the wrongful death of her husband, which was allegedly caused by a nonresident defendant's negligent operation of his automobile on a Wisconsin highway while the plaintiff's husband was a passenger therein. Service of process was made on the Commissioner of the Motor Vehicle Department in Wisconsin, and copies of the summons and complaint were mailed to defendant in Illinois in accordance with the Wisconsin nonresident motorist statute. Shortly thereafter, before a judgment was rendered, defendant died. Plaintiff sought to revive the action against defendant's administrator by serving notice of the filing of a petition for revival …

A Procedural Reviewof The Federal Employer's Liability Act, Clyde H. Bloemker

Washington and Lee Law Review

No abstract provided.

Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius

Washington Law Review

P sued D for malpractice. After a verdict for P, the trial court granted D's motion for new trial, citing Rule 16, sub. 9 of the General Rules of the Superior Court, 34A Wn2d 117, i.e., "substantial justice has not been done." The court listed in the order granting the new trial the following reasons: insufficient evidence of negligence, prejudice of a juror, statements of P's counsel tending to prejudice the. jury against D, speed of the verdict, consideration of the entire record and proceedings, and appearance and demeanor of witnesses. P appealed. Held: reversed and judgment for P according …

Procedure And Evidence, Edmund M. Morgan

Vanderbilt Law Review

Demurrer: The Tennessee cases reiterate the orthodox proposition that a demurrer admits the facts alleged or averred in the pleading to which it is interposed.' It is perhaps unnecessary to note that this proposition is true only when the problem concerns the sufficiency of the allegations or averments in the pleading. In truth, the demurrer is merely a default as to the facts and a tender of issue on the law. If the demurrer is overruled and the action is for unliquidated damages, the plaintiff's averment as to the amount of the damages is not taken as true; he must …

Pleading--Equity--Insufficiency Of Bill A Jurisdictional Defect, W. O. S.

West Virginia Law Review

No abstract provided.

Pre-Trial In West Virginia, Wright Hugus

West Virginia Law Review

No abstract provided.

Summary Judgment Under The Federal Rules When An Issue Of Fact Is Presented, Mac Asbill, Willis B. Snell

Michigan Law Review

Rule 56 of the Federal Rules of Civil Procedure introduced to federal practice the summary judgment procedure, which had been developed previously in England and several of the states. The scope of rule 56 is the broadest possible, since the rule provides that any party may move for a summary judgment in any type of civil action. Rule 56(c) provides that the court shall grant a motion for summary judgment "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving …

Pre-Trial Practice In Virginia, Gordon Cumming Murray

William and Mary Review of Virginia Law

No abstract provided.

Civil Procedure-Joinder Of Causes Of Action In Michigan, J. David Voss

Michigan Law Review

Plaintiffs were the owners of several lots, and used their respective properties as residences. Defendants, manufacturers of cement and concrete products, operated several large trucks in their business. Plaintiffs filed a declaration to recover damages for injuries to their properties sustained as a result of the loud noises, vibrations, and cement dust caused by the defendants' trucks when using an alley leading to defendants' place of business. The defendants' motion for dismissal on grounds of misjoinder of parties and causes of action was overruled. On appeal, held, reversed. Owners of property are not entitled to be joined in one …

Federal Procedure - Judgments - Motion For Judgment Notwithstanding The Verdict Required Before Appellate Court Can Enter Judgment, Joseph M. Kortenhof, S.Ed.

Michigan Law Review

Petitioner brought suit against respondent railroad under the Jones Act for the wrongful death of her husband. At the completion of all the evidence, the railroad moved to dismiss the complaint and further asked for a directed verdict. The trial court submitted the case to the jury reserving its decision on the motion. A verdict was returned for the petitioner. Within ten days of the verdict, the railroad moved to have the verdict set aside on the ground that it was excessive, contrary to the law, to the evidence, and to the weight of the evidence. Two months later the …

Civil Practice—Future Wages Held Attachable Under C.P.A. § 916, Sally Peard

Buffalo Law Review

Rehill v. Rehill, __ Misc. __, 118 N. Y. S. 2d 251 (Sup. Ct. 1952).

Parker V. Bowron [Dissent], Jesse W. Carter

Jesse Carter Opinions

Individual's writ of mandate was properly dismissed because it was apparent that he and the others noted in the caption and complaint had no direct interest in the action and that no benefit could have accrued to them from its performance.

Oral Argument Of Appeals, H. Graham Morison

Washington and Lee Law Review

No abstract provided.

Procedure-Immunity Of Nonresident Defendant In Criminal Prosecution From Service Of Civil Process. [West Virginia]

Washington and Lee Law Review

No abstract provided.

Civil Procedure-Jurisdiction-Amount In Controversy In Inferior Court Where Cause Of Action Is Split, John F. Spindler S.Ed.

Michigan Law Review

Plaintiff, a manufacturer's agent, sued his employer in the Municipal Court, Civil Division, Washington, D. C. in two separate actions to recover commissions on his contract of employment. The two actions were consolidated for trial. At the trial defendant moved to dismiss for want of jurisdiction on the ground that this was but one cause of action and, while neither of the claims individually exceeded the jurisdictional maximum, the total claimed in both suits did exceed it. The motion to dismiss was denied, and after trial, judgments were entered for plaintiff in both actions. Defendant appealed. The Municipal Court of …

Civil Procedure-Statute Of Limitations-Possibility Of Service Under Nonresident Motorist Service Act As Preventing Tolling Of Statute, James H. Loprete S.Ed.

Michigan Law Review

Plaintiffs, while riding as passengers in defendant's automobile, were injured in an accident in Iowa. Two of the four plaintiffs brought suit in Kansas against defendant, a citizen of Kansas, but their suits were dismissed upon the sustaining of demurrers. The four then sued defendant in Iowa, obtaining service upon him under the nonresident motorist service act Defendant pleaded the statute of limitations, and plaintiffs countered with the tolling statute. Issue was raised over the interpretation to be given the word "nonresident" in the tolling statute. Plaintiff contended it was to be given a literal interpretation, that is, that the …

Rules On Appeal—Time For Filing Statement Of Facts Where Motion For New Trial Pending After Entry Of Judgment, Joanne Bailey

Washington Law Review

In a civil action tried to the court, judgment was entered immediately after the findings of fact were filed, and D moved for a new trial. Before the motion was ruled upon, he perfected an appeal. The motion was later denied, after which D gave a second notice of appeal. His statement of facts was served 125 days after the entry of judgment and forty-six days after the denial of the motion. P moved to strike the statement of facts, contending that the time for filing and serving the statement had expired ninety days after the date of entry of …