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Articles 1 - 9 of 9
Full-Text Articles in Law
Jurors - Disqualification For Relationship To Parties - Who Are Parties, James H. Kilbourne
Jurors - Disqualification For Relationship To Parties - Who Are Parties, James H. Kilbourne
Michigan Law Review
Defendant was convicted of grand larceny. His motion for a new trial on the ground that one of the jurors was disqualified for implied bias because she was the mother of a deputy prosecuting attorney of the county was denied. Defendant appealed. Held, there was no error in denying the motion, for the juror was not disqualified. State v. Peterson, 190 Wash. 668, 70 P. (2d) 306 (1937).
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Michigan Law Review
Defendant, a trustee, refused to comply with a court order to turn over certain property to a receiver appointed by the court. She also refused to answer proper questions in a proceeding before a master. She was committed for contempt on January 5, 1934, to be held in jail till she complied with the court order and answered the questions. Her petition for release in July, 1937, was denied. Held, petition properly denied. Tegtmeyer v. Tegtmeyer, (Ill. App. 1937) 11 N. E. (2d) 657.
Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne
Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne
Michigan Law Review
Defendant, a striking employee, was convicted of breach of the peace arising out of an assault on non-striking employees. Immediately preceding his trial the jurors had been interrogated on voir dire in a similar case. Counsel for defendant stated he would rely in part on that examination. In it the jurors had been asked whether they had either friends or relatives working at the strike-bound plant. Juror A failed to disclose that his brother was a non-striking employee, though he admitted his niece was. Juror B failed to disclose that a friend who had previously lived with him for a …
Executors And Administrators - Comparison Of Nonclaim Statutes And The General Statutes Of Limitations, Dan K. Cook
Executors And Administrators - Comparison Of Nonclaim Statutes And The General Statutes Of Limitations, Dan K. Cook
Michigan Law Review
An overwhelming majority of the states possess nonclaim statutes, which, in one form or another, purport to bar all claims against decedent's estates not presented to the decedent's personal representative within a stipulated period. It is the purpose of this comment to compare such statutes with the general statutes of limitations, giving particular regard to those situations where the operation of the two types of statute upon one cause of action may appear to conflict.
Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review
Abatement And Revival - Exception From Survival Statute Of Actions For Slander As Preventing Survival Of Action For Slander Of Title, Michigan Law Review
Michigan Law Review
Pending plaintiff's action for slander of title, defendant died. A statute provided that no action should abate by the death of either party thereto except actions for libel, slander, malicious prosecution, nuisance, or actions against a justice of the peace for misconduct in office. Held, the action abated, because, although slander of title was not expressly excepted from the operation of the statute, still the action of slander as specifically excepted by the statute embraces the action of slander of title. Billingsley v. Townsend, 132 Ohio St. 603, 9 N. E. (2d) 690 (1937).
Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell
Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell
Michigan Law Review
Since the beginning of our government it has been recognized that the federal courts are courts of limited jurisdiction. At an early date it was decided that because of this the plaintiff must state in his complaint the facts upon which the jurisdiction depended. The reason given in support of this rule, which is still the unquestioned law, is that there is no presumption of jurisdiction in courts which have only limited jurisdiction, but it is presumed not to exist unless its existence be shown upon the record. When the plaintiff sustained his burden of pleading the jurisdictional facts, his …
Witnesses - Privileged Professional Communications As Affected By The Presence Of Third Parties, Dan K. Cook
Witnesses - Privileged Professional Communications As Affected By The Presence Of Third Parties, Dan K. Cook
Michigan Law Review
Interesting problems arise in regard to privileged communications when made to the professional confidant in the presence of a third person. Such problems are concerned with the manner and degree in which the privilege is altered or destroyed by the presence of such third persons. It is the purpose of this comment to discuss the attorney-client and physician-patient privileges as affected by the presence of a third person, where the professional confidant and his client or patient are aware of such presence.
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Michigan Law Review
Underlying the declaratory judgment is the idea that in an organized and civilized society where law and order are thoroughly recognized and established, coercion is normally unnecessary to settle legal disputes between parties. The belief is that in many lawsuits the plaintiff is not seeking a means of coercing the defendant but that the plaintiff and the defendant merely want a final and conclusive decision of a disputed question on which their legal relations depend. The value of the declaratory judgment lies in that it may be used to settle this dispute, in many cases before any other form of …
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Michigan Law Review
The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …