Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- New York (5)
- Domiciles (3)
- Jurisdiction (3)
- Alimony (2)
- Nevada (2)
-
- Ohio (2)
- Anderson v. Louisville & N. R. R. (1)
- Annulments (1)
- Appoint Administrator (1)
- Arbitrators (1)
- Belgium (1)
- Bills in equity (1)
- Bills of complaint (1)
- Bliss v. Bliss (1)
- Boards of arbitration (1)
- Broadcasting stations (1)
- Canada (1)
- Chancery courts (1)
- Chattels (1)
- Claims to judgment (1)
- Conformity Act (1)
- Contract creditors (1)
- Contracts (1)
- Conveyances (1)
- Courts of appeals (1)
- Criminal Law (1)
- Cross demands (1)
- Deaths (1)
- Debts (1)
- Diversity of citizenship (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Criminal Law--Jurisdictional Facts--Whether For Court Of Jury, Loyd C. Haynes
Criminal Law--Jurisdictional Facts--Whether For Court Of Jury, Loyd C. Haynes
West Virginia Law Review
No abstract provided.
Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance
Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance
Michigan Law Review
A wife whose matrimonial domicil was in Washington, D. C., moved to Reno, Nevada, and there obtained a decree of divorce. Nine years later she filed a bill in the supreme court of the District of Columbia asking that the Nevada decree of divorce be declared void on the ground that she was induced to secure it by fraud and coercion; that a decree be entered requiring defendant to provide "maintenance and support"; and that his property within the jurisdiction of the court be sequestered to insure payment of the same. Sections 70 and 75 of title 14, Code D. …
Contracts--Offers And Acceptance--Counter Offers, Kingsley R. Smith
Contracts--Offers And Acceptance--Counter Offers, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Michigan Law Review
The authority of legislatures and courts in criminal matters is supposed to be circumscribed by the territorial boundaries of the state. That as a general proposition the criminal law of a state has no extraterritorial operation, few lawyers would question. But an uncritical acceptance of the proposition is not warranted. Merely to assert that the authority of a state over crime ends at its territorial boundaries is of no help in settling jurisdictional questions in complicated crime situations in which the constituent acts of the crime occur in different states. Modern criminals have little concern for political boundaries except as …
Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel
Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel
Michigan Law Review
The New York Court of Appeals has re-emphasized some well-established principles of divorce jurisdiction in the recent case of Fischer v. Fischer. In a suit involving the validity of a second marriage, W proved a Nevada divorce from her first husband, a citizen of New York, who had been served in New York but had not appeared to defend the litigation. The court denied recognition to the Nevada decree because W's residence in Nevada, while it conformed with the statutory requirements of that forum, was proved to have been acquired solely for the purpose of securing a divorce. The …
Procedure - Service Of Process - Jurisdiction Conferred By Consent
Procedure - Service Of Process - Jurisdiction Conferred By Consent
Michigan Law Review
Plaintiff, a resident of England, and defendant, a resident of New York, entered into a contract for the sale and delivery of zinc. By a clause in the contract the parties agreed that all differences arising thereunder should be arbitrated at London pursuant to the arbitration law of Great Britain. Differences arose, and the plaintiff requested the defendant in New York to concur in the selection of an arbitrator, serving notice that, in the event of failure so to do, application would be made for appointment of one as provided by statute. This notice was ignored, and a form of …
Creditors' Rights In Equity
Michigan Law Review
There is a great deal of confusion in the decided cases as to the jurisdiction of equity to protect creditors. Historically we must separate the jurisdiction of equity over decedents' estates. According to Langdell, a creditor's bill is a bill filed by a creditor of a deceased debtor, against the personal or real representative, or against the personal and real representatives, of the latter to compel the payment of a debt. When an execution upon a judgment has been returned unsatisfied, and the judgment creditor files a bill in equity to obtain satisfaction of the judgment out of assets belonging …
Courts-Removal Of Causes-Jurisdictional Amount
Courts-Removal Of Causes-Jurisdictional Amount
Michigan Law Review
Two suits for personal injuries, in each of which a claim for $5,000 was made, were removed to the federal court by defendant. Plaintiff's counsel in his opening statement said that as the result of the injuries one plaintiff was unable to work for two weeks and visited his doctor seven times and that the other was away from work for three weeks and also saw his doctor seven times. The wages of the first plaintiff were $55 a week; those of the second averaged $75 a week. He further stated that the injuries were not permanent, and that, except …
Jurisdiction To Appoint An Administrator To Sue For Wrongful Death, Fowler Vincent Harper
Jurisdiction To Appoint An Administrator To Sue For Wrongful Death, Fowler Vincent Harper
Indiana Law Journal
No abstract provided.
Corporations-Liquidation-Jurisdiction Of Court
Corporations-Liquidation-Jurisdiction Of Court
Michigan Law Review
A recent New Jersey case, Naspo v. Summits Sweet Shoppe, Inc., suggests interesting questions of the jurisdiction of equity over insolvent corporations. In that case, a bill was brought under section 69 of the New Jersey code, by a simple contract creditor with a small claim of $75 praying for the appointment of a receiver and the distribution of the assets. After the court had heard the parties on a motion for the appointment of a receiver, new counsel for the defendant corporation came in at a later hearing, offered to pay plaintiff's claim and asked for a dismissal …
Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes
Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes
Michigan Law Review
Theoretically there is an accepted distinction between jurisdiction to exact an inheritance tax and a property tax. Is this distinction of practical significance? Does it influence a court in the concrete decision of a case?
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Michigan Law Review
The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …
Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief
Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief
Michigan Law Review
Application was made to the circuit court of appeals for a writ of prohibition against a district judge to restrain him from compelling petitioner to allow an inspection of his ledger. Held, that although in the opinion of the court the order had been entered improperly, the circuit court of appeals had no jurisdiction to issue a writ of prohibition against enforcement of the order. Keaton v. Kennamer (C. C. A. 10th, 1930) 42 F.(2d) 814.
Administative Tribunals-Judicial Review Of Legislative Functions
Administative Tribunals-Judicial Review Of Legislative Functions
Michigan Law Review
On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …
Admirality-Jurisdiction-Suit Between Foreigners
Admirality-Jurisdiction-Suit Between Foreigners
Michigan Law Review
Claimant sought to have the libel by the Ford Motor Company of Australia dismissed on the grounds, among others, that the suit was between foreigners and that the assumption of jurisdiction by this court would cause the Canadian ship owner great expense and inconvenience. The court, in denying the motion, held that the expense and inconvenience of trial in this forum would be no greater than in Canada, and that the retention of jurisdiction of admiralty suits between foreigners is within the discretion of the court. The Canadian Commander, 43 F.(2d) 857.
Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents
Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents
Michigan Law Review
Broad counterclaim statutes are desirable because they allow cross demands to compensate each other, and because they avoid multiplicity of suits. These two advantages are alone sufficient to justify broad counterclaims, but there is a further advantage in that a broad counterclaim statute permits a resident in a suit brought against him by a nonresident to set up any independent claim against that nonresident which-he may have without prosecuting a separate action. Not only is it a heavier expense to bring a separate action, but it is often impossible to do so without going to the domicil of the nonresident …
Admiralty-Jurisdiction-Workmen's Compensation
Admiralty-Jurisdiction-Workmen's Compensation
Michigan Law Review
The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …
Arbitration And Award-Effectof Foreign Arbitration Statute
Arbitration And Award-Effectof Foreign Arbitration Statute
Michigan Law Review
Plaintiff contracted to furnish and defendant to exhibit a number of motion pictures. The contract included an arbitration agreement in which the parties agreed to submit all disputes arising under the contract to a specified board of arbitration and to abide by its award. The arbitration agreement was to be governed by the laws of New York, by which it would have been valid, irrevocable and specifically enforceable. Defendant breached the contract, refused to submit the dispute to arbitration, and failed to comply with the award when plaintiff did so. Plaintiff then brought suit in Ohio to enforce the award. …
Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger
Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger
Michigan Law Review
The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.
Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law
Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law
Michigan Law Review
A Michigan case, decided December 3, 1929, presents an interesting problem concerning the status of equity jurisdiction when the relief at law is adjudged adequate. Plaintiff and defendant owned adjoining lots, and disagreed as to the location of the true boundary line between them. Plaintiff was in possession of the disputed strip. Defendant started an ejectment suit, whereupon plaintiff brought a bill in equity to enjoin defendant's suit at law and to have title decreed to be in himself. Defendant answered denying that there was any equity in the bill, and moved to dismiss. Later counsel agreed that the entire …
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Michigan Law Review
Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.
Crimes - Venue- Non-Support, Abandonment, And Desertion
Crimes - Venue- Non-Support, Abandonment, And Desertion
Michigan Law Review
Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904
Jurisdiction For The Purpose Of Imposing Inheritance Taxes, David R. Mason
Jurisdiction For The Purpose Of Imposing Inheritance Taxes, David R. Mason
Michigan Law Review
For nearly half a century so-called inheritance tax laws of the states of the United States have been predicated upon two distinct theories of jurisdiction, many states embodying both theories into their statutes. Recent decisions rendered by the Supreme Court of the United States, however, challenge the constitutionality of such a scheme and indicate the expediency of a review of the extent of state jurisdiction for the purpose of imposing such taxes.
Corporations-Right Of General Creditors, After Appointment Of Receiver In Suit Brought For Foreclsoure Of Mortgage Covering Major Portion Of Assets, To Have Receivership Extended For Protection And Eventual Liquidation Of Unmortgaged Assets
Michigan Law Review
When the affairs of a corporation become so involved that it is not able to meet its maturing obligations as they become due and it is necessary either that the corporation be reorganized on a more sound financial basis or that its assets be liquidated in an orderly manner, to the best advantage of its creditors and stockholders, it is customary, as a basis for such reorganization or liquidation, to have a receiver appointed of all the property and assets of the corporation. Such receivership is usually precipitated by the filing in the federal court of a bill of complaint …