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Articles 1 - 6 of 6

Full-Text Articles in Law

A Declaratory Judgment For Procedure, Bernard C. Gavit Dec 1936

A Declaratory Judgment For Procedure, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.


Pleading-The Theory Of The Case Jun 1936

Pleading-The Theory Of The Case

Indiana Law Journal

No abstract provided.


Attack On Decrees Of Divorce, Albert C. Jacobs May 1936

Attack On Decrees Of Divorce, Albert C. Jacobs

Michigan Law Review

Hitherto we have been concerned with the extent to which a decree is impeachable at the suit of one of the so-called "contestants" to the divorce litigation. But other parties, second spouses, children, personal representatives, grantees of a divorced party, and other third persons, may be affected; they may desire to question its efficacy. Are they controlled by the same principles of attack which govern the divorce litigants? Do these third persons all stand in the same position when they seek to assail the decree?


The Tennessee Valley Litigation, Alan W. Boyd Apr 1936

The Tennessee Valley Litigation, Alan W. Boyd

Indiana Law Journal

No abstract provided.


Contracts-Assignment-Partial Assignment And Effect Of An Agreement To Refrain From Assigning Jan 1936

Contracts-Assignment-Partial Assignment And Effect Of An Agreement To Refrain From Assigning

Michigan Law Review

The agreement between the defendant, a building contractor, and a sub-contractor provided that the latter would not "sublet any portion of the work of his contract or hypothecate, pledge, or assign any payments thereunder except by and in accordance with the consent of [the] contractor." Nevertheless, after substantial performance, the subcontractor made an assignment to plaintiff of a part of his claim. Responding to a letter from the assignee requesting an acknowledgment thereof and giving notice of the assignment, defendant acknowledged receipt of the letter, and informed plaintiff that the amount of the indebtedness had not yet been settled, nor …


Federal Practice-Counterclaim By Lntervenors Jan 1936

Federal Practice-Counterclaim By Lntervenors

Michigan Law Review

Plaintiff sued Freeman Company for infringing a patent by selling a certain patented device. The manufacturer of the device, and vendor of Freeman Company, obtained leave to intervene as a defendant under federal equity rule 37, and thereupon filed a counterclaim against the plaintiff for alleged infringement of other patents, claiming the right to do so as a "defendant" under federal equity rule 30. The plaintiff moved to dismiss the counterclaim. The motion was granted by the district court and affirmed on appeal by the circuit court. On certiorari the United States Supreme Court held that "defendant" under equity rule …