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Full-Text Articles in Law

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed. Dec 1959

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.


Edson R. Sunderland And Judicial Administration, Glenn R. Winters Nov 1959

Edson R. Sunderland And Judicial Administration, Glenn R. Winters

Michigan Law Review

The name of Edson R. Sunderland stands out as one of the great and forward-looking leaders of his generation and of all time in the improvement of the administration of justice.


Legal Writings Of Edson R. Sunderland, Michigan Law Review Nov 1959

Legal Writings Of Edson R. Sunderland, Michigan Law Review

Michigan Law Review

The following bibliography, with some additions and corrections supplied to the editors, is reprinted by permission of Professor Sunderland's family who presented the original to him in 1957 on the occasion of his eighty-fourth birthday.


Resolution Of The Michigan Law Faculty On The Death Of Edson Read Sunderland, Michigan Law Review Nov 1959

Resolution Of The Michigan Law Faculty On The Death Of Edson Read Sunderland, Michigan Law Review

Michigan Law Review

A tribute to the memory of Edson Read Sunderland.


Edson Sunderland And The Federal Rules Of Civil Procedure, Charles E. Clark Nov 1959

Edson Sunderland And The Federal Rules Of Civil Procedure, Charles E. Clark

Michigan Law Review

It was my privilege to be associated with Edson Sunderland for many years in a major endeavor for the improvement of law administration, namely, the framing of the Federal Rules of Civil Procedure. In this association I came to know what a rare spirit he was, how devoted to the public service he had undertaken, and yet withal how gay and charming a friend and co-worker he always showed himself. In the roster of American workers for better justice he stands preeminent for the length, the original character, and the unique persistence of his labors. But this wholehearted idealism in …


Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman Nov 1959

Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman

Michigan Law Review

More than any other individual, Professor Edson R. Sunderland has had a tremendous impact upon the Michigan law of procedure. The procedural reforms which he urged and molded into the Michigan law of procedure have been in use for nearly half a century, and to this day are the framework for our procedural laws.


Edson R. Sunderland And The Teaching Of Procedure, Charles H. King Nov 1959

Edson R. Sunderland And The Teaching Of Procedure, Charles H. King

Michigan Law Review

Once having arrived at the University of Michigan Law School, Edson Sunderland never left, except on a temporary basis. He entered the school in 1898, having previously received his Bachelor's and Master's degrees from the University's College of Literature, Science and the Arts. Immediately upon his graduation in 1901 he was invited to become a member of the faculty, an invitation which he accepted effective the following fall.


Edson R. Sunderland's Contribution To The Reform Of Civil Procedure In Illinois, George Ragland Jr. Nov 1959

Edson R. Sunderland's Contribution To The Reform Of Civil Procedure In Illinois, George Ragland Jr.

Michigan Law Review

Illinois is greatly indebted to Edson R. Sunderland for the effective and enduring contributions which he made to the Civil Practice Act of 1933. That reform was encouraged in no small degree by his speeches and writings. He served as its principal draftsman. His suggestions were of much assistance to the bench and bar of the state in modifying and implementing the original draft so that the measure could be successfully put into operation. Regulation of details of practice by rules of court, which was a primary feature of Professor Sunderland's draft and one which he helped defend against attack, …


Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson Oct 1959

Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson

William & Mary Law Review

No abstract provided.


Procedure, Philip A. Trautman Sep 1959

Procedure, Philip A. Trautman

Washington Law Review

Covers expansion of in personam jurisdiction—force and effect of service of process outside of the state, court costs in actions by and against the state or a county, and jurors' fees.


Habeas Corpus Used To Supervise Lower Courts Sep 1959

Habeas Corpus Used To Supervise Lower Courts

Washington and Lee Law Review

No abstract provided.


Lack Of Jurisdiction And Erroneous Decision Distinguished Sep 1959

Lack Of Jurisdiction And Erroneous Decision Distinguished

Washington and Lee Law Review

No abstract provided.


Practice And Procedure, Marjorie D. Rombauer Jul 1959

Practice And Procedure, Marjorie D. Rombauer

Washington Law Review

Covers cases on summary judgment and on misconduct of a party—shadowing jurors.


Abstracts Of Recent Cases, G. H. A. Apr 1959

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.


Conclusive Presumptions In West Virginia, J. L. R. Apr 1959

Conclusive Presumptions In West Virginia, J. L. R.

West Virginia Law Review

Presumptions, as might be expected, have been appearing and disappearing throughout the history of evidence. Much confusion has attended the use of the word, and there has been no less confusion about the kinds of presumptions, be they presumptions of law, presumptions of fact, conclusive presumptions or whatever name courts and writers ascribe to them. The conclusive presumption is an especially troublesome creature, some writers denying its existence while others recognize it but devote very little time to it. It is the purpose here, in a humble way, to look at its use in this state and to determine if …


Modern Trends In Trial By Jury, Alexander Holtzoff Mar 1959

Modern Trends In Trial By Jury, Alexander Holtzoff

Washington and Lee Law Review

No abstract provided.


Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed. Mar 1959

Federal Procedure - Venue - Application Of Special Venue Provision To Change Of Venue In Patent Infringement Action, Dean L. Berry S.Ed.

Michigan Law Review

Petitioner brought a patent infringement action in the northern district of Texas, wherein the alleged infringement occurred and the named defendants resided and had a regular place of business. On motion by the named defendants under 28 U.S.C. §1404(a), authorizing the transfer of certain actions to a district in which the action "might have been brought," the court ordered transfer to the northern district of Illinois where litigation on the same patent was already in progress between the plaintiff and other alleged infringers. Petitioner's motion for mandamus to require the Texas district court to set aside this transfer order was …


Specific Performance In France And Germany, John P. Dawson Feb 1959

Specific Performance In France And Germany, John P. Dawson

Michigan Law Review

Edgar Durfee studied long and closely the subject of specific performance. He taught it for many years, wrote about it and planned to ·write more. He conceived it broadly, as he did every subject that ever had his attention, but he had a lively interest in details, including very technical details. Long before others and much more than most, he saw the importance of our remedial system both in shaping law and as a reflection of its larger purposes. All those who learned from him will remember as long as memory lasts the insight he gave and the hidden meanings …


Judgments - Res Judicata - Limitation Of California Doctrine Of Collateral Estoppel In Multiple Claimant Cases, Sidney B. Hopps Feb 1959

Judgments - Res Judicata - Limitation Of California Doctrine Of Collateral Estoppel In Multiple Claimant Cases, Sidney B. Hopps

Michigan Law Review

Plaintiffs were injured when their car was struck by defendant. They commenced separate negligence actions, which were consolidated for trial. These actions resulted in a judgment for plaintiff son, but judgments were entered against the plaintiffs mother and father. These parties were granted a new trial, with no limitation upon the issues to be tried. On the second trial the parents asserted the son's judgment, which had become final and been satisfied, as conclusively establishing defendant's negligence. The trial court ruled against them and submitted the issue of defendant's negligence to the jury. On appeal by the parents, held, …


Successive Criminal Trials In The State Courts As A Due Process Problem - Hoag V. New Jersey And Ciucci V. Illinois, Norman E. Burke Jan 1959

Successive Criminal Trials In The State Courts As A Due Process Problem - Hoag V. New Jersey And Ciucci V. Illinois, Norman E. Burke

Maryland Law Review

No abstract provided.


Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell Jan 1959

Trial Procedure--Instructions To Jury--Nontaxability Of Personal Injury Award, James H. Byrdwell

Kentucky Law Journal

No abstract provided.


Supermarket Sale Of Drugs And Medicines Enjoined, Gary Sunshine Jan 1959

Supermarket Sale Of Drugs And Medicines Enjoined, Gary Sunshine

Buffalo Law Review

State v. Red Owls Stores, Inc., __ Minn. __, 92 N.W.2d 103 (1958).


Perils In Ohio Civil Procedure, William K. Gardner Jan 1959

Perils In Ohio Civil Procedure, William K. Gardner

Cleveland State Law Review

Civil procedure has been much improved and greatly simplified as compared with by-gone days. However, just as in any profession, trade or athletic game, there are certain rules to be followed, and the cautious lawyer, if he is not familiar with all the rules, should examine the appropriate statutes and decisions before he attempts to commence any action or to perfect an appeal. There are a number of pitfalls, even under code practice, of which many lawyers have learned to their regret. A few of them will be pointed out in this article.


Federal Procedure - Jurisdiction - Statutory Change In Jurisdictional Amount And Corporate Citizenship, Philip Belleville Jan 1959

Federal Procedure - Jurisdiction - Statutory Change In Jurisdictional Amount And Corporate Citizenship, Philip Belleville

Michigan Law Review

A recent congressional amendment of federal district court jurisdictional requirements for both diversity of citizenship and federal question litigation has raised the required amount in controversy from $3,000 to $10,000. The trial court has also been given discretion either to deny costs or assess them against the plaintiff if he is finally adjudged entitled to recover less than $10,000, determined without regard to any set-off or counterclaim and exclusive of interest and costs. Further, for purposes of diversity jurisdiction and removal, a corporation is now deemed a citizen "of any State by which it has been incorporated and of the …