Law Commons^™

Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed.

Michigan Law Review

By reason of work done in Ohio, defendant-employer came within the provisions of that state's compulsory workmen's compensation law. The State of Ohio sought to collect insurance premiums due the state fund by an action brought in a Kentucky court. Defendant demurred on the ground that the claim was in the nature of one for taxes, and hence unenforceable extraterritorially. On appeal from an order sustaining the demurrer, held, reversed. Regardless of whether or not the claim for premiums can be classified as one for taxes, Kentucky courts may act as forums for the collection of foreign tax claims. …

Federal Procedure-Mandamus-Use To Prevent Change Of Venue, Richard J. Darger S. Ed.

Michigan Law Review

Petitioners instituted a suit in the District Court for the Southern District of California seeking damages for alleged patent infringement. That court ordered the case transferred to the District Court for the District of Delaware on the ground that venue was not properly laid in the Southern District of California. Then petition was made to the Court of Appeals for the Ninth Circuit for mandamus to compel the judge of the lower court to withdraw the order of transfer. Held: petition denied. Mandamus will issue to prevent a transfer of a case to the district court of another circuit …

Federal Procedure-Change Of Venue On Motion Of The Plaintiff, David F. Ulmer S. Ed.

Michigan Law Review

Plaintiff, a resident of California, was injured on defendant corporation's premises in Nevada. Being unable to serve defendant in California, plaintiff started a negligence action in the Federal District Court in Nevada and then moved for a change of venue to the proper Federal District Court in California under section 1404(a) of the Judicial Code. The Federal District Court of Nevada overruled plaintiff's motion. On appeal, held, affirmed. The requirement under 1404(a) that the action be transferred to any district "where it might have been brought" precludes transfer to a forum where the defendant was not amenable to process. …

Federal Procedure-Venue-Transfer Under Section 1404(A) To District Where Venue Originally Would Have Been Improper, Wilber M. Brucker, Jr. S. Ed.

Michigan Law Review

Civil anti-trust actions were properly brought against defendants in the Federal District Court for the District of Delaware. Defendants sought a transfer of the suits to a district court in Texas under section 1404(a) of the Judicial Code, which allows a transfer when requirements of convenience are met to any district where the suit "might have been brought" Although venue in the Texas District Court would not have been proper when the suits were originally instituted, defendants claimed that their express waiver of improper venue removed the bar to transfer. The district court ruled that it lacked the power to …

Federal Procedure-Venue-Applicability Of Section 1404(A) Of New Title 28 To Anti-Trust Suits, Morris G. Shanker S. Ed.

Michigan Law Review

Working directly from a branch office in Washington, D.C., defendant corporation solicited orders and distributed films in the state of Virginia, although it had not registered as a foreign corporation in that state. Alleging that the defendant had violated the anti-trust laws by its activities in Virginia, plaintiff brought a civil action for damages and injunctive relief in the United States District Court for the District of Columbia. Pursuant to section 14O4(a) of Title 28 U.S.C. defendant moved to transfer the action to the District Court for the Eastern District of Virginia. Held, since the defendant was not transacting …

Civil Procedure-Judgments-Revival Of Judgments On Notice Served Outside The State, Nancy J. Ringland S.Ed.

Michigan Law Review

Relator filed a petition for mandamus to compel the respondent, one of the circuit judges of the City of St. Louis, to assume jurisdiction and take steps to revive a judgment for alimony in favor of relator against her former husband, who was a resident of New Jersey, where notice of the proceedings was personally delivered to him, and who had no property within the state of Missouri. The Missouri statute provided that a revival must be "upon personal service duly had upon the defendant or defendants therein." Held, mandamus denied, on the ground that a personal judgment could …

Actions Quasi In Rem Under Section 1655, Title 28, U. S. C., William Wirt Blume

Michigan Law Review

Section 1655 of Title 28, U.S.C. (1948) was originally section 8 of an act of Congress approved March 3, 1875. A somewhat similar statute, limited to equity cases, had been enacted in 1872. Paragraph one of the present section reads:

"In an action in a district court to enforce any lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to, real or personal property within the district, where any defendant cannot be served within the State, or does not voluntarily appear, the court may order the absent defendant to appear or plead …

Federal Procedure-Proper Venue In Patent Infringement Action Against Corporation, Gordon W. Hueschen S.Ed.

Michigan Law Review

Plaintiffs brought an action for patent infringement against defendant corporation in the Federal District Court for the Southern Division of California, alleging only defendant's "residence" within the district. Defendant moved to dismiss the complaint on the ground that defendant, being a Delaware corporation, did not "reside" within the district, thus rendering the venue defective. Plaintiffs replied that the word "resides," as used in the patent infringement venue section of the code, which states that "any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement …

Supreme Court Practice, By Robert L. Stern And Eugene Gressman; Jurisdiction Of The Supreme Court Of The United States, By Richard Wolfson And Philip B. Kurland, Henry M. Hart Jr

Indiana Law Journal

No abstract provided.

Jurisdiction In Private International Air Law Cases, H. Alberta Colclaser

Michigan Law Review

Causes of action involving nationals of different countries frequently give rise to jurisdictional problems. These problems become pronounced in cases where absence of the defendant from the jurisdiction where the cause is heard results in allegations of substantive or procedural prejudice to the defendant and in cases where the failure of the defendant to satisfy a judgment awarded against him creates a necessity for the plaintiff to take his case to another jurisdiction for execution.

Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.

Michigan Law Review

When the problem confronting the judge is one of recognizing a divorce decree awarded by a foreign state, then once again the domiciliary concept will be used to determine the jurisdictional competency of the court making the award. The foreign divorce decree will be accepted as lawful and proper if it was given by the court of the husband's domicile or if the decree is one which would be accepted as valid by that court. The authority underlying the latter proposition originates in the case of Armitage v. Attorney-General. It is the purpose of this comment to examine briefly …

Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed.

Michigan Law Review

Two suits based on the Federal Employers' Liability Act were brought in the Circuit Court of the City of St. Louis, Missouri. In both cases, plaintiff was not a Missouri resident, the defendant carrier was a foreign corporation, and the cause of action arose outside the state of Missouri. A motion to dismiss on the ground of forum non conveniens was denied as beyond the jurisdiction of the court, and mandamus proceedings were begun in the Supreme Court of Missouri to compel the trial court to exercise its discretion in disposing of the motions. The writs were quashed by the …

Federal Procedure-Jurisdiction-Diversity Of Citizenship Required In Stockholder's Derivative Suit, Morris G. Shanker

Michigan Law Review

Plaintiff, a citizen of New York, instituted a stockholder's suit on behalf of a New York corporation in the United States District Court for the Southern District of New York. Individual officers and directors of the corporation, all citizens of Connecticut, were charged with mismanagement and were joined with it as party defendants. Since plaintiff and defendant corporation were both citizens of New York, requisite diversity did not exist, and the district court dismissed the claim for lack of jurisdiction. Upon appeal, held, judgment affirmed. The section of the Federal Judicial Code providing that "any civil action by a …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF CARRIER REGULATION REQUIRING RACIAL SEGREGATION

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CONSTITUTIONAL LAW--POLITICAL QUESTIONS--GEORGIA COUNTY UNIT VOTE SYSTEM

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DIVORCE--ALIMONY IN DEFAULT DECREES--POWER OF COURT TOWARD ALIMONY IN ABSENCE OF PRAYER THEREFOR IN COMPLAINT

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EVIDENCE--PROOF OF CORPUS DELICTI--CORROBORATION OF DEFENDANT'S CONFESSION BY HIS OWN SPONTANEOUS STATEMENTS

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FEDERAL COURTS--VENUE--USE OF STATE NONRESIDENT MOTORIST STATUTE TO IMPLY WAIVER

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GIFT TAXES--TRANSFER MADE UNDER DIVORCE DECREE INCORPORATING PREDIVORCE PROPERTY SETTLEMENT--EFFECT OF PROVISION IN SETTLEMENT THAT IT WOULD BE BINDING REGARDLESS OF TERMS OF DIVORCE DECREE

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INSURANCE--NOTICE TO AGENT REPRESENTING TWO INSURERS--ESTOPPEL PREVENTING COMPANY SECONDARILY LIABLE FROM CLAIMING AGAINST COMPANY …

Recent Constitutional Developments On Personal Jurisdiction Of Courts, Virginia B. Cowan

Vanderbilt Law Review

In strict logic, the concept of the power of courts to deal in personam with controversies is said to be a constant and the extension of jurisdiction merely an appropriation of pre-existing power. More realistically, it is obvious that, as institutions and citizens become increasingly mobile and migratory, the courts are obliged to keep their jurisdictional machinery abreast of the times in order that legal processes may continue to be the effective arbiter of disputes in our society. Regardless of what terms are used to describe the source of the power, it is traditionally conceived to be limited by the …

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

Forum Non Conveniens Under The United States Judicial Code, Robert P. Hobson

Washington and Lee Law Review

No abstract provided.

Federal Procedure-Appearance Of Federal Question On Face Of Complaint As Necessary To Federal Court Jurisdiction [Skelly Oil Co. V. Phillips Petroleum Co., U. S. Sup. Ct. 1950

Washington and Lee Law Review

No abstract provided.

Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.

Michigan Law Review

A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …

Military Habeas Corpus: I, Seymour W. Wurfel

Michigan Law Review

The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …

Jurisdiction-Diversity Of Citizenship-Corporations Domiciled In More Than One State, Harold G. Christensen

Michigan Law Review

Plaintiff brought action against defendant railroad in the federal district court for New Jersey district alleging that she was a citizen of New Jersey and that defendant was a corporation and citizen of New York. Defendant moved to dismiss for lack of diversity of citizenship alleging that it was a consolidated corporation of New York and New Jersey. Held, action dismissed. Since corporate existence was dependent upon both states, and plaintiff was also a citizen of one, diversity did not appear. Gavin v. Hudson & Manhattan R. Co., (D.C. N.J.1950) 90 F. Supp. 172.

Venue-Interpretation Of Title 28, United States Code, Section 1406(A), Nolan W. Carson

Michigan Law Review

A tort action for injuries sustained in Wyoming was commenced in an Illinois state court and removed to the proper United States District Court in Illinois. Defendant interposed the Illinois statute of limitations as a defense. In order to take advantage of the longer Wyoming statute of limitations, plaintiff moved to transfer the suit to the United States District Court for Wyoming under authority of Title 28, United States Code, section 1406(a), providing for the transfer of actions from district courts where venue was improperly laid. The motion to transfer was denied and the, complaint was dismissed. Held, section …

Venue Reform In Kentucky--A Proposal, George Neff Stevens

Kentucky Law Journal

No abstract provided.

Substituted Service And Waiver Of Federal Venue Under "Neirbo" Doctrine

Indiana Law Journal

No abstract provided.

Venue Statutes: Diagnosis And Proposed Cure, George Neff Stevens

Michigan Law Review

Modern procedural reform movements have swept by the problems of venue with but little notice. This is unfortunate, for all too many cases are decided on a venue technicality, with complete disregard for the merits. Present day venue procedures are the result of historical developments and piecemeal legislative tinkering. The time has come for an appraisal and for corrective action.

Part I of this paper contains a comparative and critical study of venue statutes in the United States today. Part II points out how and why certain of these provisions have given rise to serious problems and suggests a few …

Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.

Michigan Law Review

In a previous action, A, as assignee of a conditional sales contract, sought to recover the property when the purchase price was not paid. Defendant counterclaimed for damages because of alleged fraud of the assignor in making the sale. On appeal, the Montana Supreme Court held that defendant could not have an affirmative judgment on the counterclaim, but could use his claim as recoupment only. On remand, A's attorney moved for continuance until his client could secure a new attorney. The motion was denied, and on the day set for trial A was not represented. As a consequence, …