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Articles 181 - 183 of 183
Full-Text Articles in Law
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.
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, …
Judgments-Res Judicata Between Adverse Codefendants, Nolan W. Carson
Judgments-Res Judicata Between Adverse Codefendants, Nolan W. Carson
Michigan Law Review
ln an attempt to enforce a personal judgment, the judgment creditor brought a statutory equity suit jointly against the judgment debtor (plaintiff in the present suit) and the defendant insurance company to reach and apply the proceeds of a motor vehicle liability policy. The bill was dismissed as to the insurance company. In a subsequent action by plaintiff on the policy, the answer set up the equity decree as res judicata. Plaintiff demurred on the ground that the answer failed to allege that the parties were adversaries inter sese under the pleadings of the former suit. Held, order overruling …
Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs
Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs
Michigan Law Review
Deceased was employed by defendant as an engineer and, while waiting to relieve the engineer then on duty, began to quarrel with him as to the manner in which a subordinate was doing his work. Words led to blows, and after a short fight, deceased collapsed and died of emotional trauma of the heart. There were no other witnesses, but the survivor claimed deceased struck the first blow. From an award given by the Workmen's Compensation Board, defendant and its insurer appealed. Held, affirmed. The death arose "out of and in the course of the employment." Commissioner of Taxation …