Law Commons^™

Practice And Procedure, Wiley H. Davis

Mercer Law Review

It has long been recognized that a large percentage of the cases decided by the appellate courts of Georgia are decided in whole or in part upon procedural points. Because of this fact, any attempt to survey the matters decided on such points during any twelve-month period must include reference to many cases, however brief the treatment. In making such a survey, one frequently faces the problem of deciding whether a holding is based primarily upon procedure or whether the case should be considered substantive in nature. Of course, some procedure is involved in the hearing, trial or appeal of …

Corporations-Stockholder's Suit To Compel Declaration Of Dividends- Necessity Of Directors As Parties, Daniel A. Isaacson S.Ed.

Michigan Law Review

Plaintiff, a citizen of New York and the owner of some preferred stock in the defendant Delaware corporation, brought a class action against the corporation in a federal district court in Pennsylvania to compel the declaration and payment of dividends on the preferred stock, alleging that the directors had acted in had faith in violation of their duties as fiduciaries. Defendant's articles of incorporation provided that the preferred stock was entitled to receive dividends "when and as declared by the Board of Directors"; the by-laws permitted a majority of the hoard to constitute a quorum for purposes of transacting business. …

Damages, Edgar Hunter Wilson

Mercer Law Review

The damage problems presented to the appellate courts of Georgia during the sufvey period have been few. The cases, however, are well-dispersed over the field of damages.

Torts: Recovery Of Litigation Expenses For "Double Exposure To Suit"

Indiana Law Journal

Recent Cases

Book Reviews, Stanley D. Rose (Reviewer), Charles C. Trabue, Jr. (Reviewer)

Vanderbilt Law Review

READINGS IN AMERICAN LEGAL HISTORY

Compiled and edited by Mark DeWolfe Howe

Cambridge: Harvard University Press, 1949. Pp. 529.$7.50

reviewer: STANLEY D. ROSE

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THE GROWTH OF AMERICAN LAW: THE LAW MAKERS

By James Willard Hurst

Boston: Little, Brown and Co., 1950. Pp. xiii, 502. $5.50

reviewer: STANLEY D. ROSE

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REASON AND LAW

By Morris R. Cohen

Illinois: The Free Press, 1950. Pp.211. $3.50

reviewer: STANLEY D. ROSE

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AN INTRODUCTION TO LEGAL REASONING

By Edward H. Levi

Chicago: The University of Chicago Press, 1949. Pp. 74. $2.00

reviewer: STANLEY D. ROSE

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LIVING LAW OF DEMOCRATIC SOCIETY

By …

Negligence-Gas-Duty To Inspect Abandoned Pipes, Alan C. Boyd.

Michigan Law Review

Three persons were asphyxiated in a house in which they were sleeping when pressure caused by the settling of the house broke a gas pipe underneath. The house had no foundation but was supported by posts. Gas service had been discontinued eighteen years before, and the meter was removed at that time. The gas, however, had not been shut off at the curb but was allowed by the company to remain in the pipes beneath the house. The defendant gas company had made no inspection since the service had been discontinued. The plaintiffs, representatives of the deceased persons, brought actions, …

Admiralty-Foreign Attachment-Jurisdiction Of Court Defeated By Fraudulent Transfer, Paul E. Anderson S.Ed.

Michigan Law Review

Respondent, a Colombian corporation, contracted with libelant to transport a cargo of rice in its vessel, the Cali. On January 17, 1948, the Cali was wrecked and most of the rice lost. During the month of February the corporation, Compania Colombiana del Caribe, was formed under Colombian law, and on February 25, 1948, respondent's only other vessel, the Alacran (renamed the Caribe) was transferred to it. On March 7, 1948, libelants brought a libel in personam against respondent in the Canal Zone district court and had the court issue a foreign attachment on the Caribe, then steaming …

Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison

Michigan Law Review

A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …

Torts-Attractive Nuisance-Ponds, Lloyd J. Tyler, Jr.

Michigan Law Review

Plaintiff's four-year-old daughter drowned in a pond on defendant's land. The pond was from six to ten feet deep, with extremely steep banks, and contained various forms of marine life and debris. The pond was useless and was eliminated by the defendant soon after the drowning. The defendant knew that at least twenty small children resided in the immediate area and the pond was visible and accessible to them. In a damage action for the death, held, the defendant was liable under the attractive nuisance doctrine. Saxton v. Plum Orchards, Inc., (La. 1949) 40 S. (2d) 791 (1949).

The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson

Michigan Law Review

In a previous instalment an attempt was made to describe the main subjects of private litigation dealt with by the English Privy Council under the Tudors and early Stuarts. It was suggested that the subjects were most heterogeneous and that the total volume of such litigation was large. In the present instalment will be discussed, first, the methods used to reduce the volume of private litigation by direct and indirect means; then the powers of coercion possessed by the Privy Council; and finally, its relations to the ordinary courts.

Constitutional Law–Due Process–Equal Protection Of The Laws–Anti-"Strike Suit'' Legislation Held Constitutional, Joseph Gricar S.Ed.

Michigan Law Review

Plaintiff brought a derivative suit against the defendant, a Delaware corporation, in a United States district court in New Jersey. While the suit was in process, New Jersey passed a statute permitting a corporation in whose name a suit was brought to demand security for reasonable expenses including attorney fees. The plaintiff stockholder was to be liable for such expenses if the suit was unsuccessful. The statute was not to apply when the complainant's holding represented 5% of the par or stated value of the corporation's outstanding stock or had a value of $50,000. Since the act applied to suits …

Process-Misnomer In Summons-Amendment, R. Lawrence Storms S.Ed.

Michigan Law Review

Plaintiff intended to sue James Brago, but by mistake used the name "Joseph Brago" in the complaint and summons. Joseph happened to be the name of intended defendant's brother. Copies of process were left with James' wife, but as sister-in-law of Joseph who resided elsewhere. When plaintiff realized the error, the statute of limitations prevented his bringing a new suit. Plaintiff's motion to amend the summons and complaint was granted. On appeal, held, order reversed so far as it purports to amend the summons. Patrick v. Brago, 4 N.J. Super. 226, 66 A. (2d) 749 (1949).

Conflict Of Laws-Suit By Foreign Administrator Under Wrongful Death Act Of His State, Donald D. Davis S. Ed.

Michigan Law Review

Plaintiff, an administrator appointed by a Michigan court, brought action in New York to recover for the wrongful death in Michigan of his infant daughter. Defendant moved to dismiss on the ground that a foreign administrator had no standing to sue in New York without first obtaining ancillary letters. Held, motion denied. A foreign administrator, suing as a statutory trustee, is entitled to maintain action in New York on the strength of his original letters. Wiener v. Specific Pharmaceuticals, Inc., 298 N.Y. 346, 83 N.E. (2d) 673 (1949).

Negligence-Proof Of Causation, Walter Dean

Michigan Law Review

Decedent, a passenger on defendant's railroad was bound for X Terminal. The car doors were open and a trainman called out, "X Terminal, next," but the train stopped in the dark at point Y before reaching the announced destination to allow another train to pass. Decedent's body was found near point Y. Suit was brought by decedent's widow under the state "wrongful death" statutes. The lower court held that the plaintiff's failure to show that decedent left the train at point Y was a fatal gap in the causal chain, and gave judgment for the defendant notwithstanding the …

International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed.

Michigan Law Review

In a decision handed down April 11, 1949, the court unanimously answered question I(a) (Can the United Nations sue for damages done to itself?) affirmatively. Question I(b) (Can the United Nations sue for damages done to its agents?) was also answered in the affirmative, but over the dissent of four judges. On question II, the majority of the court asserted that a conflict between the agent's national state and the United Nations would be avoided because the United Nations would be claiming only for breach of the obligation due to it.

Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.

Michigan Law Review

Plaintiff's cause of action arose out of a highway accident that occurred on October 1, 1943. Basing jurisdiction on diversity of citizenship, he brought suit in a United States District Court in Kansas. The complaint was filed on September 4, 1945, and defendant was served on December 28, 1945. In Kansas, the two-year statute of limitations applicable to such tort claims is tolled by service on the defendant, not by filing the complaint. Held, plaintiff is barred by the Kansas statute of limitations. Ragan v. Merchants Transfer & Warehouse Co., Inc., (U.S. 1949) 69 S.Ct. 1233.

Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.

Michigan Law Review

An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …

Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.

Michigan Law Review

Plaintiff's mother, while pregnant with plaintiff, a viable child, was fatally injured in a fall from the steps of defendant's bus. Plaintiff was seriously injured by the fall and was born prematurely. On demurrer to plaintiff's petition, held, plaintiff had a remedy under the Constitution of Ohio for pre-natal injuries negligently inflicted. Williams v. The Marion Rapid Transit, Inc., 152 Ohio St. 114, 87 N.E. (2d) 334 (1949).

Alternative Pleading: I, Roy W. Mcdonald

Michigan Law Review

The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …

Discovery-Attorney-Client Privilege-Statements By Client To Insurer Before Attorney Employed, Colvin A. Peterson, Jr. S. Ed.

Michigan Law Review

Plaintiff, suing for personal injuries suffered in an automobile collision, sought discovery of statements made by defendant to his insurer, both before and after an attorney had been employed by the insurer pursuant to its contract with defendant. Defendant contended that such statements were within the attorney-client privilege. On appeal from an order denying discovery, held, affirmed. The statements were intended as a communication by defendant to the attorney ultimately to be retained for him by his insurer, and the insurer was the agent of defendant to transmit the statements to the attorney when selected. Hollien v. Kaye, …

Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.

Michigan Law Review

Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying …