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Full-Text Articles in Law

Transfer Of Federal Offenses Committed In More Than One District Or Division, Lester B. Orfield Nov 1952

Transfer Of Federal Offenses Committed In More Than One District Or Division, Lester B. Orfield

Michigan Law Review

Rule 21 (b) of the Federal Rules of Criminal Procedure provides: "The court upon motion of the defendant shall transfer the proceeding as to him to another district or division, if it appears from the indictment or information or from a bill of particulars that the offense was committed in more than one district or division and if the court is satisfied that in the interest of justice the proceeding should be transferred to another district or division in which the commission of the offense is charged."


Federal Procedure-Jurisdiction-Effect Of Disclaimer In Diversity Of Citizenship Cases, Richard W. Pogue S. Ed. Nov 1952

Federal Procedure-Jurisdiction-Effect Of Disclaimer In Diversity Of Citizenship Cases, Richard W. Pogue S. Ed.

Michigan Law Review

Plaintiff partnership brought suit in a federal court, alleging that defendants were citizens of Kentucky, and that all partners but one were non-citizens of Kentucky. The Kentucky partner was named as a defendant because of his refusal to join the other partners in the action, whereupon he filed an answer and disclaimer, in which he disclaimed any interest in the suit. Other defendants answered contesting the jurisdiction of the court on the ground that the Kentucky partner was required to be joined with the parties plaintiff, thus destroying the necessary diversity of citizenship. The district court dismissed the Kentucky partner, …


The Exclusive Admiralty Jurisdiction, W. T. Beeks, Gordon W. Moss Aug 1952

The Exclusive Admiralty Jurisdiction, W. T. Beeks, Gordon W. Moss

Washington Law Review

In Cline v. Price the owners of a minority interest in a fishing vessel, being dissatisfied with the use to which it was being put, brought suit in Superior Court against the majority owners. The action prayed the appointment of a receiver, an accounting, and a partition of the vessel by sale and distribution of the proceeds. A demurrer was sustained by the lower court and affirmed by the Supreme Court. The ground assigned was that the suit, essentially one for partition, was exclusively within the admiralty jurisdiction of the United States, and the state courts have no jurisdiction to …


Constitutional Law-Civil Procedure-Due Process Requirements For State Jurisdiction Over Foreign Corporations, Richard D. Rohr Jun 1952

Constitutional Law-Civil Procedure-Due Process Requirements For State Jurisdiction Over Foreign Corporations, Richard D. Rohr

Michigan Law Review

The plaintiff, a nonresident of Ohio, brought an action in Ohio against the defendant, a sociedad anonima organized under the laws of the Philippine Islands, on claims which neither arose in Ohio nor were connected with the defendant's activities in Ohio. Defendant's president, who was also its general manager and principal stockholder, had returned to his home in Ohio when the company's mining operations were suspended by the Japanese occupation of the Philippines. During the war years, he conducted such business as was possible in Ohio, holding directors' meetings, carrying on correspondence, maintaining bank accounts, but the defendant did not …


The Uniform Code Of Military Justice-New Rights And A Means To Enforce Them, John F. Spindler May 1952

The Uniform Code Of Military Justice-New Rights And A Means To Enforce Them, John F. Spindler

Michigan Law Review

The Uniform Code of Military Justice, designed to govern the entire military establishment of the United States, was enacted May 5, 1950, replacing the three separate systems of law theretofore applied to the Army, Navy, and Air Force. Pressure for a uniform code was a reflection of the great surge toward unification of the Armed Services which followed World War II. The new Code, however, is not just a revision and consolidation of the prior systems of military law. World War II, with its great increase in the size of the Armed Services and in the percentage of the population …


Corporations-Dividends-Majority Of The Board Of Directors As Indispensable Parties In A Suit To Compel The Declaration Of Corporate Dividends, James W. Callison May 1952

Corporations-Dividends-Majority Of The Board Of Directors As Indispensable Parties In A Suit To Compel The Declaration Of Corporate Dividends, James W. Callison

Michigan Law Review

A minority group of stockholders brought an action to compel a declaration of dividends on common stock, naming as defendants the Continental Mills company, four of the five directors of the corporation, and a majority stockholder. Effective service of process was made only on the corporation and two of the directors. The majority stockholder and the other two directors named appeared specially and obtained a dismissal of the action as to them. The two directors properly served then moved to dismiss the action for failure to include a majority of the board of directors as parties. Held, a majority …


Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed. May 1952

Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed.

Michigan Law Review

ln a suit on a negotiable instrument, a problem arises as to just how many places can claim valid jurisdiction. Thus, where the domiciles of the parties to a negotiable instrument are diverse, there are several jurisdictional possibilities. For example, with regard to a negotiable bearer bond it may be said that there is sufficient contact with the parties and/or the property (1) at the place where it was issued, (2) at the present location of the certificate of indebtedness, (3) at the location of the debtor corporation's office or principal place of business, or (4) in the state of …


Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed. May 1952

Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.

Michigan Law Review

Plaintiffs sought a judgment to declare unconstitutional a New Jersey statute which required the reading of five verses of the Old Testament at the opening of each day in the public schools. Plaintiffs contended that the practice under the statute was an "establishment of religion" prohibited by the First Amendment and applicable to the several states through the "due process" clause of the Fourteenth Amendment Both plaintiffs were taxpayers of New Jersey, and one was also the parent of a child who had attended a public school, but had left school before the appeal was taken. The Supreme Court of …


Federal Procedure-Jurisdiction-Removal Under Section 1441(C) Of Title 28 By Nonresident Defendant Where Joint Torts Cause A Single Injury, Wilber M. Brucker, Jr. S.Ed. Apr 1952

Federal Procedure-Jurisdiction-Removal Under Section 1441(C) Of Title 28 By Nonresident Defendant Where Joint Torts Cause A Single Injury, Wilber M. Brucker, Jr. S.Ed.

Michigan Law Review

Plaintiff, a citizen of Utah, brought a joint action for damages in a state court of Utah against Powell, also a citizen of Utah, and the Denver & Rio Grande Western Railroad Company, a Delaware corporation. Plaintiff alleged both an assault and battery by Powell in the depot of the railroad company, and negligence of the railroad company in failing to take action to prevent or arrest this assault. The railroad company had the entire action removed to the federal district court under section 1441(c) of the Judicial Code. Upon motion of the railroad company, the claim against it was …


Federal Procedure-Removal Of Causes-Meaning Of "Receipt By Defendant" When Service Is On A Nonresident Motorist, Gordon I. Ginsberg S.Ed. Apr 1952

Federal Procedure-Removal Of Causes-Meaning Of "Receipt By Defendant" When Service Is On A Nonresident Motorist, Gordon I. Ginsberg S.Ed.

Michigan Law Review

As a result of an automobile accident in Missouri, the plaintiff, a resident of Missouri, brought a damage action in Missouri against the defendant, a resident of Illinois. Service was had on the defendant by serving the Secretary of State of Missouri and sending notice by registered mail to the defendant, pursuant to the Missouri nonresident motorist statute. Service was received by the Secretary of State on January 13, 1951, and notice was received by the defendant on January 20, 1951. The defendant removed the cause to the federal district court on February 9, 1951. The plaintiff moved to remand …


Civil Procedure-Jurisdiction-Commission Of Isolated Tort By Foreign Corporation As "Doing Business" Within The State, W. H. Bates S.Ed. Mar 1952

Civil Procedure-Jurisdiction-Commission Of Isolated Tort By Foreign Corporation As "Doing Business" Within The State, W. H. Bates S.Ed.

Michigan Law Review

Plaintiff, a Vermont resident, brought action for damages in the Vermont court, alleging negligence of defendant in re-roofing plaintiff's house located in that state. Defendant, a Massachusetts corporation, had not qualified to do business in Vermont, nor had it appointed an agent to receive service therein. There was no evidence to indicate that defendant was actively engaged in business there. Substituted service was made upon defendant through the Secretary of State of Vermont as authorized by a statute. The statute stipulated that the term "doing business" included those instances in which a foreign corporation made a contract in Vermont with …


Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston Feb 1952

Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston

Michigan Law Review

Husband and wife, living in Ohio, were separated in 1945, the only child going to live with the paternal great-grandfather in Pennsylvania. Husband and wife were divorced in Ohio in April 1949. Custody of the child was awarded the wife, but because of the wife's defective vision the child was to remain temporarily with the great-grandfather; it was further provided that the custody question could be relitigated after eighteen months. On October 26, 1949, the wife got a further Ohio decree awarding her sole custody. The great-grandfather refused to surrender the child, and wife filed a petition for habeas corpus …


The Federal Jurisdictional Amount Requirement And Joinder Of Parties Under The Federal Rules Of Civil Procedure Jan 1952

The Federal Jurisdictional Amount Requirement And Joinder Of Parties Under The Federal Rules Of Civil Procedure

Indiana Law Journal

No abstract provided.


Effect Of Illegal Abduction Into The Jurisdiction On A Subsequent Conviction Jan 1952

Effect Of Illegal Abduction Into The Jurisdiction On A Subsequent Conviction

Indiana Law Journal

No abstract provided.


Federal Procedure-Removal Jurisdiction-Jurisdictional Estoppel, Paul M.D. Harrison S.Ed. Jan 1952

Federal Procedure-Removal Jurisdiction-Jurisdictional Estoppel, Paul M.D. Harrison S.Ed.

Michigan Law Review

Respondent sued petitioner, a Florida corporation, the Indiana Lumbermen's Mutual Insurance Company, an Indiana corporation, and Joe Reiss, a citizen of Texas, in a Texas state court. The complaint asked for relief in the alternative for a fire loss suffered by respondent On the joint petition of the two corporate defendants, the case was removed to the federal court under section 1441(c) of the United States Judicial Code. Respondent unsuccessfully moved to remand the case, and, after trial of the case to a jury, a judgment in favor of the respondent was awarded against the petitioner alone. Petitioner's motion to …


Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson Jan 1952

Civil Procedure-Judgments-Collateral Attack On Decree Of Distribution Of A Probate Court, David W. Rowlinson

Michigan Law Review

Testator's will devised a tract of land to his three nieces and directed that the nieces should not sell or dispose of the land for twenty years after his death. This provision was incorporated in the decree of the probate court distributing the land to the three nieces. After the decree of distribution had become final, one of the nieces brought the present action for partition. Over the objection that the decree was conclusive and forbade this type of alienation, the trial court ordered partition. On appeal, held, affirmed. The condition restraining alienation for twenty years is forbidden by …


The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner Jan 1952

The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.