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- Federal Rules of Civil Procedure (6)
- Civil procedure (3)
- Res judicata (3)
- American law (2)
- Cause of action (2)
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- Diversity jurisdiction (2)
- German law (2)
- Joinder of claims (2)
- Jury instructions (2)
- Jury trial (2)
- Permissive joinder (2)
- Pleading (2)
- Splitting a cause of action (2)
- Zivilprozessordnung (2)
- Advisory jury (1)
- Aiding and Abetting (1)
- All Writs Act (1)
- Appellate jurisdiction (1)
- Attacking Judgments (1)
- Belated Attacks (1)
- Benson v. Benson (1)
- Brown v. Kalamazoo Circuit Judge (1)
- Buchanan v. General Motors Corp. (1)
- Chancery (1)
- Civil litigation (1)
- Collateral estoppel (1)
- Common law (1)
- Complete diversity (1)
- Constitutional Law (1)
- Constitutional grant (1)
Articles 1 - 30 of 49
Full-Text Articles in Law
Abstracts Of Recent Cases, T. E. P.
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Michigan Law Review
Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …
Civil Procedure On The American Frontier, William Wirt Blume
Civil Procedure On The American Frontier, William Wirt Blume
Michigan Law Review
The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures: Part Ii, Robert Meisenholder
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures: Part Ii, Robert Meisenholder
Washington Law Review
Proposed rules 7 through 12 of the Rules of Pleading, Practice and Procedure, recommended by the Judicial Council and published by the Supreme Court, were considered in the Autumn, 1957, issue of the Law Review.' This second article includes comment on the general changes in present practice which would be made by proposed rules 13 through 25 and by proposed rule 42. These rules are concerned primarily with parties and joinder of claims. In run-of-the-mine cases they will not be as important as the pleading rules already discussed.
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Civil Procedure - Judgments - Effect Of Prior "Compromise" Judgment As Collateral Estoppel, Peter H. Hay S.Ed.
Michigan Law Review
In a negligence action for injuries sustained in an automobile accident, one of three successful plaintiffs was granted a new trial because damages awarded her were inadequate. In the new trial the issue of negligence was relitigated over plaintiff's objection that the question of liability was res judicata. The jury found for the defendant and plaintiff appealed. Held, affirmed, one justice dissenting. Although the judgment in favor of the other two plaintiffs in the prior action establishing defendant's liability has become final, this prior judgment is not res judicata. Since the judgment was entered pursuant to a verdict which …
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
In two related antitrust actions instituted in the District Court for the Northern District of Illinois, an order was entered under rule 53(b) of the Federal Rules of Civil Procedure referring the cases to a master for trial because of the "extremely congested calendar" then facing the court. All parties to the· action moved to vacate the order and these motions were denied by the district judge. After appearing before the master to object to the reference, the defendants petitioned the Court of Appeals for the Seventh Circuit praying that a writ of mandamus issue to compel the district judge …
Civil Procedure—Poor Person—Notice To Satisfy Due Process, Thomas T. Basil
Civil Procedure—Poor Person—Notice To Satisfy Due Process, Thomas T. Basil
Buffalo Law Review
Smith v. Smith, 2 N.Y.2d 120, 157 N.Y.S.2d 456 (1956).
Miscellaneous—Substitution Of Attorneys, William Gardner
Miscellaneous—Substitution Of Attorneys, William Gardner
Buffalo Law Review
Wojcik v. Miller Bakeries Corporation, 2 N.Y.2d 631, 162 N.Y.S.2d 337 (1957).
Civil Procedure—Pleadings—Sufficiency Of Notice, William Sugnet
Civil Procedure—Pleadings—Sufficiency Of Notice, William Sugnet
Buffalo Law Review
Morgenstern v. Cohon, 2 N.Y.2d 302, 160 N.Y.S.2d 633 (1957).
Civil Procedure—Summary Judgment—Fact Question Precludes Use, William Sugnet
Civil Procedure—Summary Judgment—Fact Question Precludes Use, William Sugnet
Buffalo Law Review
O'Doud v. American Surety Company of New York, 3 N.Y.2d 347, 165 N.Y.S.2d 458 (1957).
Civil Procedure—Release—Existence Of Cause Of Action, Walter Barrett
Civil Procedure—Release—Existence Of Cause Of Action, Walter Barrett
Buffalo Law Review
Lucio v. Curran, 2 N.Y.2d 157, 157 N.Y.S.2d 948 (1956).
Civil Procedure—Summary Judgment—Determination Of The Nature Of The Action, George M. Gibson
Civil Procedure—Summary Judgment—Determination Of The Nature Of The Action, George M. Gibson
Buffalo Law Review
Erbe v. Lincoln Rochester Trust Company, 3 N.Y.2d 321, 165 N.Y.S.2d 107 (1957).
Civil Procedure—Right To Appeal Intermediate Order After Trial, Ronald Malin
Civil Procedure—Right To Appeal Intermediate Order After Trial, Ronald Malin
Buffalo Law Review
Cohen v. Cohen, 3 N.Y.2d 339, 165 N.Y.S.2d 449 (1957).
Civil Procedure—Per Curiam, Buffalo Law Review
Civil Procedure—Per Curiam, Buffalo Law Review
Buffalo Law Review
Drew v. State Liquor Authority, 2 N.Y.2d 624, 162 N.Y.S.2d 23 (1957); Friedman v. Marco, 2 N.Y.2d 593, 161 N.Y.S.2d 882 (1957); Kraus & Bros. v. Bergman, 2 N.Y.2d 155, 157 N.Y.S.2d 947 (1956); McDermott v. Johnson, 2 N.Y.2d 608, 162 N.Y.S.2d 9 (1957); In re Kassebohm's Estate, 2 N.Y.2d 153, 157 N.Y.S.2d 945 (1956); Oliner v. Mid-Town Promoters, 2 N.Y.2d 63, 156 N.Y.S.2d 833 (1956).
Civil Procedure—Prima Facie Case—Scintilla Of Evidence, William Gardner
Civil Procedure—Prima Facie Case—Scintilla Of Evidence, William Gardner
Buffalo Law Review
Rowland v. Parks, 2 N.Y.2d 64, 156 N.Y.S.2d 834 (1956).
Rule 3:21, John E. Messick
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures (Part I), Robert Meisenholder
Washington Law Review
On January 2, 1957, the Supreme Court of Washington published the pleading and party rules, previously recommended by the Judicial Council for adoption as part of the procedural law of this state. The court did not make the rules effective but requested criticism and study by members of the bar. This preliminary publication permits examination for possible defects in the new procedure and acquaints the lawyers of the state with the rules in advance of their effective date. For aid in the study of the proposed rules, this article will review the general changes they would make in present Washington …
Procedure, Philip A. Trautman
Procedure, Philip A. Trautman
Washington Law Review
Covers service of process—nonresident motorist service act, method of service of summons, and service on insurance companies.
Adequacy Of Notice—Due Process, George O'Dea
Adequacy Of Notice—Due Process, George O'Dea
Washington Law Review
The purpose of this comment is to survey some of the Washington statutes and case authorities which involve notice, and to discuss them in reference to a number of recent United States Supreme Court decisions involving procedural due process considerations. It is believed that a broadened scope and meaning have been attached to "notice," as a requirement of procedural due process. This survey has been confined to the areas categorized as proceedings in rem, but it is not exhaustive of them.
Practice And Procedure, John D. Lawson
Practice And Procedure, John D. Lawson
Washington Law Review
Covers cases on trial without a jury—use of a view to support the court's findings.
Criminal Contempt: Violations Of Injunctions In The Federal Courts
Criminal Contempt: Violations Of Injunctions In The Federal Courts
Indiana Law Journal
No abstract provided.
Damage Awards, Instructions, And The Jury's Common Knowledge, H. G. U.
Damage Awards, Instructions, And The Jury's Common Knowledge, H. G. U.
West Virginia Law Review
No abstract provided.
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
Michigan Law Review
This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Michigan Law Review
A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
In review we can say that within a comparatively broad field of the American law required joinder of claims is the rule. There are some exceptions. The German law has no rule of compulsory joinder of claims. Here, there are some exceptions, too. In this sense and within a field which is marked out by the American rule and the German exceptions, the relationship of rule and exceptions is reversed in the two systems.
Contributory Negligence--Instructions, L. L. P.
Contributory Negligence--Instructions, L. L. P.
West Virginia Law Review
No abstract provided.
The Defense Of Laches And A Correlative, John W. Plattenburg
The Defense Of Laches And A Correlative, John W. Plattenburg
West Virginia Law Review
The term laches, when used in a legal sense, generally brings to mind the image of the complainant who has slept on his rights for an unreasonable length of time, and who is now precluded from asserting those rights. Laches connotes the passage of time and a laxness on the part of a party to assert his rights during the time elapsed. The defense of laches, as applied in equity, is a much more restricted doctrine than is apparent in this connotation of the word. The purpose of this note is to show what generally constitutes a defense of laches, …
Right Of Licensed Practitioner To Enjoin Unlicensed Practice In His Profession, Edwin P. Yaeger
Right Of Licensed Practitioner To Enjoin Unlicensed Practice In His Profession, Edwin P. Yaeger
Buffalo Law Review
Burden v. Hoover, 9 Ill. 2d 114, 137 N. E. 2d 59 (1956).
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Civil Procedure - Joinder Of Statutory Causes Of Action With Common Law Negligence Where There Are Different Parties Defendant, George W. Marti
Michigan Law Review
Plaintiff brought an action against defendant for injuries received in an automobile accident caused by defendant's negligence in driving while intoxicated. She sought to join with this claim actions against several bar owners under a statute providing for liability of bar owners for injuries caused by one to whom they had unlawfully sold alcoholic beverages. One of the defendant bar owners moved to dismiss for misjoinder or to compel an election of causes on the ground that since only compensatory damages could be recovered against the defendant-consumer upon common law negligence, and both exemplary and compensatory damages could be recovered …
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
This comparative study is confined to the situation of one claimant against one claimee. The principles which will be considered seem to be rather well settled both in the American and the German law. The fact, however, that besides many a common result we shall find fundamental differences in the pertinent basic concepts of the American and German systems makes the discussion worthwhile. It may, at least, promote a reconsideration of the propriety of those concepts.