Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 49 of 49

Full-Text Articles in Law

Civil Procedure - Splitting Cause Of Action - Voluntary Settlement Of Part Of Cause Of Action As Bar To Suit, James F. Hillis Mar 1957

Civil Procedure - Splitting Cause Of Action - Voluntary Settlement Of Part Of Cause Of Action As Bar To Suit, James F. Hillis

Michigan Law Review

Plaintiff suffered bodily injury and damage to his automobile from a single negligent act of defendant. By voluntary agreement the parties settled plaintiff's claim as to the property damage only. Thereafter plaintiff instituted this action to recover damages for his personal injuries. Defendant pleaded the property settlement as a bar to the action, and the trial court awarded judgment to defendant. The intermediate appellate court affirmed. On appeal to the state supreme court, held, affirmed. A single wrongful act which inflicts personal injury and property damage gives rise to one cause of action, and a prior judgment for the …


Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller Mar 1957

Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller

Michigan Law Review

The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …


Calamandrei: Procedure And Democracy, Charles Alan Wright Mar 1957

Calamandrei: Procedure And Democracy, Charles Alan Wright

Michigan Law Review

A Review of Procedure and Democracy. By Piero Calamandrei.


Compulsory Joinder Of Parties In Civil Actions, John W. Reed Feb 1957

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …


Civil Procedure—Judgment Absolute Stipulations, Diane Gaylord Jan 1957

Civil Procedure—Judgment Absolute Stipulations, Diane Gaylord

Buffalo Law Review

Gilligan v. Tishman Realty & Construction Co, 1 N. Y. 2d 121, 134 N. E. 2d 100 (1956).


Civil Procedure—Prima Facie Case, Daniel Callanan Jan 1957

Civil Procedure—Prima Facie Case, Daniel Callanan

Buffalo Law Review

Andersen v. Beeline, 1 N. Y. 2d 169, 134 N. E. 2d 457 (1956).


Procedural Techniques For Belated Attacks On Judgments In Indiana Jan 1957

Procedural Techniques For Belated Attacks On Judgments In Indiana

Indiana Law Journal

No abstract provided.


Civil Procedure—Liberal Construction Of Pleadings, Glenn Morton Jan 1957

Civil Procedure—Liberal Construction Of Pleadings, Glenn Morton

Buffalo Law Review

Dulberg v. Mock, 1 N. Y. 2d 54, 133 N. Y. 2d 695 (1956).


Civil Procedure—Summary Judgment, Robert Rosinski Jan 1957

Civil Procedure—Summary Judgment, Robert Rosinski

Buffalo Law Review

Maddaus v. Goffen, 2 N. Y. 2d 32, 137 N. E. 2d 22 (1956).


Civil Procedure—Right Of Appellate Court To Dismiss Jury's Verdict, Harold Halpern Jan 1957

Civil Procedure—Right Of Appellate Court To Dismiss Jury's Verdict, Harold Halpern

Buffalo Law Review

Kline v. Pane, 1 N. Y. 2d 15, 133 N. E. 2d 447 (1956).


Civil Procedure—Mutuality Of Estoppel, Richard Robinson Jan 1957

Civil Procedure—Mutuality Of Estoppel, Richard Robinson

Buffalo Law Review

Israel v. Wood Dolson Co., Inc, 1 N. Y. 2d 116, 134 N. E. 2d 97 (1956).


Torts—Pleading Elements Of Negligence, Weston Wardell Jr. Jan 1957

Torts—Pleading Elements Of Negligence, Weston Wardell Jr.

Buffalo Law Review

Howard Stores Corp. v. Pope, 1 N. Y. 2d 110, 134 N. E. 2d 63 (1956).


Civil Procedure—Appeal—Certified Questions, Robert J. Plache Jan 1957

Civil Procedure—Appeal—Certified Questions, Robert J. Plache

Buffalo Law Review

Meenan v. Meenan, 1 N. Y. 2d 269, 135 N. E. 2d 30 (1956); Hilton Watch Co., Inc. v. Benrus Co, 1 N, Y. 2d 271, 135 N. E. 2d 31 (1956).


The Demurrer - At Common Law, Under Modern Codes, Practice Acts, And Rules Of Civil Procedure, Alison Reppy Jan 1957

The Demurrer - At Common Law, Under Modern Codes, Practice Acts, And Rules Of Civil Procedure, Alison Reppy

NYLS Law Review

No abstract provided.


Book Review, William K. Gardner Jan 1957

Book Review, William K. Gardner

Cleveland State Law Review

Reviewing Frank C. Leyshon, The Ohio Practice Manual, W.H. Anderson Co., 1956


Book Review, Orville J. Weaver Jan 1957

Book Review, Orville J. Weaver

Cleveland State Law Review

Reviewing William K. Gardner, Gradner's Bates Ohio Civil Practice, W. H. Anderson Co., 1957


Civil Procedure--Service Of Notice By Mail--Effect Of Non-Receipt On A Judgment Increasing Child-Support Payments, Robert E. Adams Jan 1957

Civil Procedure--Service Of Notice By Mail--Effect Of Non-Receipt On A Judgment Increasing Child-Support Payments, Robert E. Adams

Kentucky Law Journal

No abstract provided.


Civil Procedure--Insurance Companies As Real Parties In Interest, Joseph B. Helm Jan 1957

Civil Procedure--Insurance Companies As Real Parties In Interest, Joseph B. Helm

Kentucky Law Journal

No abstract provided.


Pleading--Special Damages--Statement Of Amount Of Special Damages In The Pleadings, Charles E. Goss Jan 1957

Pleading--Special Damages--Statement Of Amount Of Special Damages In The Pleadings, Charles E. Goss

Kentucky Law Journal

No abstract provided.