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Articles 1 - 6 of 6
Full-Text Articles in Law
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Michigan Law Review
Opposing counsel's objection to material in petitioner's opening statement to the jury was sustained. When petitioner rephrased his statement, the trial court, feeling that he was still trying to get inadmissible material before the jury, threatened to "declare a mistrial if you mess with me two minutes and a half, and fine you besides.'' Petitioner took an exception to the conduct of the court, and was immediately fined $25. His protests led to successive increases in penalty, culminating in a $100 fine and three days in jail. The Supreme Court of Texas denied habeas corpus on the ground that the …
Appeal And Error-Appeals In Forma Pauperis-Necessity For Attorney Hired On Contingent Fee To File Affidavit Of His Poverty, J. D. Mcleod
Appeal And Error-Appeals In Forma Pauperis-Necessity For Attorney Hired On Contingent Fee To File Affidavit Of His Poverty, J. D. Mcleod
Michigan Law Review
Relying upon the applicable statute, petitioner filed a motion for appeal in forma pauperis in a federal district court. The motion was denied on the ground, inter alia, that petitioner's attorney had filed an insufficient affidavit of poverty. The court assumed that the attorney was employed on contingent fee. The denial of the motion was affirmed by the circuit court of appeals. On further appeal, held, reversed. An attorney is not required to file an affidavit of his poverty as a condition to proceedings in forma pauperis, even though he is employed on contingent fee. Adkins v. …
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Michigan Law Review
Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict …
Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.
Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.
Michigan Law Review
Appellant used sound equipment mounted on his truck to comment on a labor dispute. He was convicted in a police court of violating a city ordinance which prohibited the use on any public street of sound amplifying devices emitting loud and raucous noises. The intermediate court of appeal of New Jersey, in affirming the conviction, construed the ordinance to be an absolute prohibition. The conviction was sustained on appeal to the highest court of New Jersey by an evenly divided court of twelve justices. On appeal to the United States Supreme Court, held, affirmed. Justice Reed, joined by Chief …
Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers
Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers
Michigan Law Review
In November, 1941, defendant book publishers commenced distribution of a book containing allegedly libelous statements concerning plaintiff. Thereafter, there were seven additional printings, the last in December, 1943, distribution of which began in March, 1944. Although more than 12,000 copies of the book were sold prior to this reprinting, only 60 copies were sold from stock during the year immediately preceding July 2, I 946, the date plaintiff instituted his action. To determine whether the action was barred by the statute of limitations, the following question was certified to the New York Court of Appeals: "Do sales from stock by …
Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis
Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis
Michigan Law Review
Plaintiff, a resident of Texas, brought action in a United States district court in Minnesota to recover damages under the Federal Employers' Liability Act for injuries received in an accident in Texas. Defendant, in accordance with section 1404(a) of the United States Judicial Code, moved for a change of venue to Texas for the convenience of parties and witnesses and in the interest of justice. Plaintiff resisted the transfer solely on the ground that the section did not apply where venue was granted under the F.E.L.A. Held, by a two judge district court, motion granted. Hayes v. Chicago, R.I. …