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Articles 1 - 25 of 25
Full-Text Articles in Law
Civil Procedure—European Airline Found “Doing Business” To Satisfy Jurisdictional Requirements, Although It Maintained No Aircraft Within The United States, And Tort Upon Which Suit Was Based Occurred In France, Fredric H. Fischer
Buffalo Law Review
Bryant v. Finnish National Airline, 15 N.Y.2d 426, 208 N.E.2d 439, 260 N.Y.S.2d 625 (1965).
Civil Procedure—Judge's Remarks Not Coercive When Jury Which Previously Declared Itself Deadlocked Returns Verdict Soon After Hearing Judge’S Supplementary Instructions, Steven G. Biltekoff
Civil Procedure—Judge's Remarks Not Coercive When Jury Which Previously Declared Itself Deadlocked Returns Verdict Soon After Hearing Judge’S Supplementary Instructions, Steven G. Biltekoff
Buffalo Law Review
Carolan v. Altruda, 15 N.Y.2d 1010, 207 N.E.2d 614, 260 N.Y.S.2d 21 (1965) (Memorandum Decision).
Civil Procedure—Attachment And Publication Sufficient To Obtain In Personam Jurisdiction Over An Absconding State Resident, Brian J. Troy
Civil Procedure—Attachment And Publication Sufficient To Obtain In Personam Jurisdiction Over An Absconding State Resident, Brian J. Troy
Buffalo Law Review
Fishman v. Sanders, 15 N.Y.2d 298, 206 N.E.2d 326, 258 N.Y.S.2d 380 (1965); reversing, 20 A.D.2d 905, 248 N.Y.S.2d 1013 (1964).
"Civilizing" Nonjury Trials, F. R. Lacy
"Civilizing" Nonjury Trials, F. R. Lacy
Vanderbilt Law Review
This article is intended to make people think about American procedure, yet it is devoted largely to a description of Austrian and Israeli civil procedure and perhaps that calls for some disclaiming and confessing and avoiding. I have spent only a few months in the two countries and have no doubt that I am open to the charge, made against far more seasoned American comparatists, that I tend to look at foreign systems through American conceptual spectacles. By way of avoidance let me offer, first, the usual defense of the popularizer. There never will be many serious students of comparative …
The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review
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 …
Prior West Virginia Equity Practice Regarding Necessary Joinder Of Parties As Precedent Under Rule 19, David Gail Hanlon
Prior West Virginia Equity Practice Regarding Necessary Joinder Of Parties As Precedent Under Rule 19, David Gail Hanlon
West Virginia Law Review
No abstract provided.
The Reach Of New York's Long-Arm Statute: Today And Tomorrow, Adolf Homburger
The Reach Of New York's Long-Arm Statute: Today And Tomorrow, Adolf Homburger
Buffalo Law Review
No abstract provided.
Civil Procedure—Jurisdiction Under “Tortious Act" Provision Of New York Long-Arm Statute Obtainable Over Non-Residents Only When Such Acts Are Committed Within The State, Douglas C. Dodge
Buffalo Law Review
Longines-Wittnauer Co. v. Barnes & Reinecke, Inc., 15 N.Y.2d 443, 209 N.E.2d 68, 261 N.Y.S.2d 8 (1965).
Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon
Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon
Washington Law Review
Defendant, a resident of the District of Columbia, borrowed money from plaintiff, a Canadian resident, and secured the loan with a mortgage on a tract of land located in Ontario. The mortgage was executed in the District of Columbia and contained a clause by which defendant assented to jurisdiction of Ontario courts by substituted service in the event litigation became necessary. Plaintiff, upon defendant's default, sought foreclosure of the mortgage and a judgment in Ontario. Pursuant to Ontario statute, defendant was personally served in the District of Columbia with a writ and notice of the Ontario proceedings. Defendant failed to …
Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon
Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon
Washington Law Review
Plaintiff sued to recover damages for injuries received while a passenger in defendant's automobile. Upon plaintiff's motion under Alaska Rule of Civil Procedure 34, the trial court allowed discovery of defendant's automobile liability insurance policy, and of witnesses' written statements obtained by defendant's counsel, including any written statements of the defendant and plaintiff. On appeal, the Alaska Supreme Court affirmed. Held: Under Alaska Rule of Civil Procedure 34, a plaintiff is entitled to discovery of defendant's insurance policy and any written statements of witnesses which were obtained by defendant's counsel. Miller v. Harpster, 392 P.2d 21 (Alaska 1964).
Serving Substantial Justice—A Dilemma, Philip A. Trautman
Serving Substantial Justice—A Dilemma, Philip A. Trautman
Washington Law Review
In an article written three years ago, this author introduced the subject with the observation that, of the several grounds for a new trial in Washington, one in particular had created considerable difficulty for the supreme court, trial judges, and counsel. This was the rule permitting a new trial when "substantial justice has not been done," and followed by the provision that, "In all cases wherein the trial court grants a motion for a new trial, it shall, in the order granting the motion, give definite reasons of law and facts for so doing."
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
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. …
Appearance And Jurisdictional Motions In New York, Adolf Homburger, Joseph Laufer
Appearance And Jurisdictional Motions In New York, Adolf Homburger, Joseph Laufer
Buffalo Law Review
No abstract provided.
Transacting Business As Jurisdictional Basis—A Survey Of New York Case Law, Stephen Kellogg
Transacting Business As Jurisdictional Basis—A Survey Of New York Case Law, Stephen Kellogg
Buffalo Law Review
No abstract provided.
Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions
Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions
Washington and Lee Law Review
No abstract provided.
Procedure--Imputability Of Attorney's Negligence To Client Under West Virginia Rules Of Civil Procedure, Lester Clay Hess Jr.
Procedure--Imputability Of Attorney's Negligence To Client Under West Virginia Rules Of Civil Procedure, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.
The Motion To Strike Out The Evidence In Virginia, J. Brendel
The Motion To Strike Out The Evidence In Virginia, J. Brendel
William & Mary Law Review
No abstract provided.
Policy And Procedure In Abstention: Is The Pullman Technique Proper?
Policy And Procedure In Abstention: Is The Pullman Technique Proper?
Indiana Law Journal
No abstract provided.
Service Of Process To An Agent Under Federal Rule 4(D) 1 - National Equipment Rental, Ltd. V. Szukhent
Maryland Law Review
No abstract provided.
Unification Of The Civil And Admiralty Rules: Why And How, Brainerd Currie
Unification Of The Civil And Admiralty Rules: Why And How, Brainerd Currie
Faculty Scholarship
No abstract provided.
Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar
Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Civil Procedure: The Tempest Brews, Brainerd Currie
Civil Procedure: The Tempest Brews, Brainerd Currie
Faculty Scholarship
No abstract provided.
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Cleveland State Law Review
The deposition plays an important role in the modern-day practice of law. The enormous backlog of cases in the courts requires preservation of precious testimony during the long wait prior to trial. In addition, the deposition is a valuable tool in evaluating a case, especially during settlement negotiations. Finally, the deposition is a prime means of discovering vital information. The notary public presides at the deposition, and is invested with quasi-judicial powers, including the power to punish for contempt. This paper will briefly survey both the procedural aspects of the deposition and the quasi-judicial power of the notary public.
Rosenberg: The Pretrial Conference And Effective Justice--A Controlled Test In Personal Injury Litigation, Edward H. Rabin
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
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.