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Articles 1 - 21 of 21
Full-Text Articles in Law
Equitable Defenses--Sealed Release--Replication--Fraudulent Inducement, Guy Otto Farmer
Equitable Defenses--Sealed Release--Replication--Fraudulent Inducement, Guy Otto Farmer
West Virginia Law Review
No abstract provided.
Practice And Procedure-Scope Of Court Rules Allowing Discovery
Practice And Procedure-Scope Of Court Rules Allowing Discovery
Michigan Law Review
The declaration alleged that plaintiff's intestate, a tenant of the defendant, sustained fatal injuries from a fall on the grounds of the apartment house, caused by defendant's negligence with respect to the care of the premises. The action was begun one day before the statute of limitations would have run. Defendant gave notice that under Court Rule 41 she would examine the plaintiff as to the particulars of the event which constituted the cause of action. Plaintiff filed a motion to set aside this order, alleging that defendant's rights under the above rule were limited to discovery as to affirmative …
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Practice And Procedure - Direction Of Verdict - Scintilla Rule
Michigan Law Review
In an action to recover from the defendant gas company damage to the plaintiff's building caused by a gas explosion resulting from a defective pipe, the plaintiff's only evidence to prove the defendant's duty to repair it was that the pipe was used exclusively for the conveyance of the defendant's gas, and that the meters to which the pipe was connected were owned and controlled by the defendant. The trial court, by virtue of the scintilla rule, submitted the case to the jury which rendered a verdict for the plaintiff. Held, the scintilla rule no longer prevails in Ohio, …
Practice And Procedure - Seventh Amendment- Power Of Federal Court To Increase Inadequate Verdict
Practice And Procedure - Seventh Amendment- Power Of Federal Court To Increase Inadequate Verdict
Michigan Law Review
A jury in a federal court awarded the plaintiff $500 for injuries received in an automobile accident. The plaintiff thereupon moved for a new trial on the · ground of inadequate damages. The trial judge, having obtained the consent of the defendant to entry of judgment for $1,500, denied the motion. Plaintiff appealed. Held, (Morton, C. J., dissenting) such procedure operates as a violation of the Seventh Amendment, and the only course open to a federal court in a case where damages are inadequate is to grant a new trial. Schiedt v. Dimick, (C. C. A. ·1st, 1934) …
Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence
Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence
West Virginia Law Review
No abstract provided.
The Grant Of Rule-Making Power To The Supreme Court Of The United States, Edson R. Sunderland
The Grant Of Rule-Making Power To The Supreme Court Of The United States, Edson R. Sunderland
Michigan Law Review
The determined effort on the part of the American Bar Association, which continued without relaxation for almost a quarter of a century, to place the regulation of federal trial court procedure in law actions under the control of the Supreme Court of the United States, has at last been successful. Senate Bill No. 3040, granting full rulemaking power to the Supreme Court, became a law on June 19, 1934.
When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin
When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin
West Virginia Law Review
No abstract provided.
Actions-Declaratory Judgments-Jurisdiction To Grant
Actions-Declaratory Judgments-Jurisdiction To Grant
Michigan Law Review
A will was duly probated in the county court. By it the plaintiff and defendant were appointed guardians of the testator's minor children. The guardians did not get along together, and could not agree as to how the funds of their wards should be invested. Finally, proceedings were properly brought in the county court to have questions concerning the care of the funds settled. While such proceedings were pending, the plaintiff, evidently not content to have the difficulty settled in this manner, brought an equity suit in the district court against her co-guardian under the Declaratory Judgments Act, in which …
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Process In Actions Against Non-Residents Doing Business Within A State, Maurice S. Culp
Michigan Law Review
Many state legislatures have undertaken to subject non-resident persons or unincorporated groups, or both, to the power of their local courts in relation to business transacted within their limits. No less than forty States have at one time or another enacted statutes providing for substituted service of process in actions arising out of such transactions. Most of these statutes apply to non-residents generally; but in eighteen States statutes, now or formerly in force, have provided in express terms for substituted service on non-resident partnerships or unincorporated associations. Both types alike provide that service may be made upon an actual agent …
Appeal And Error--Decree "Adjudicating The Principles Of The Cause"--Decree Dismissing A Suit In Equity With Leave To Transfer To Law, Paul D. Farr
West Virginia Law Review
No abstract provided.
Federal Practice - Decision Of Questions Preliminary To The Convening Of A Three-Judge Court
Federal Practice - Decision Of Questions Preliminary To The Convening Of A Three-Judge Court
Michigan Law Review
Before the district judge can convene a three-judge court, two preliminary questions must be decided. First, is the case within the jurisdiction of the federal courts? Second, is the case one to which the three-judge statute applies?
Election Of Causes Or Grounds Of Action In A Duplicitous Declaration, Leo Carlin
Election Of Causes Or Grounds Of Action In A Duplicitous Declaration, Leo Carlin
West Virginia Law Review
No abstract provided.
Practice And Procedure - Joinder Of Parties And Causes Under The Uniform Fraudulent Conveyance Act
Practice And Procedure - Joinder Of Parties And Causes Under The Uniform Fraudulent Conveyance Act
Michigan Law Review
The plaintiff sought, in one suit, to recover the amount of a promissory note from the maker and to attack a transfer of property by the maker to her brother, alleged to be a fraud on the maker's creditors. The maker and transferee were made defendants. The transferee demurred to the complaint on the ground that the two defendants had essentially different liabilities and so could not be joined in one action, under the South Dakota code. Held, that section 9 of the Uniform Fraudulent Conveyance Act permits the plaintiff to proceed in one action for a judgment on …
Function Of Affidavits And Pleas In Proceeding For Judgment On Notice Of Motion, Leo Carlin
Function Of Affidavits And Pleas In Proceeding For Judgment On Notice Of Motion, Leo Carlin
West Virginia Law Review
No abstract provided.
Practice And Procedure - Power Of The Court To Increase Inadequate Verdict
Practice And Procedure - Power Of The Court To Increase Inadequate Verdict
Michigan Law Review
With the development of the remittitur in the case of excessive verdicts, one would naturally expect the development of an analogous device for cases wherein the verdicts are inadequate. When the plaintiff moves for a new trial because of an inadequate verdict, a denial of the motion on the condition that the defendant agree to a certain increase in the verdict is perfectly analogous to the remittitur in form. But this device has not received the same wide acceptance as its counterpart. In cases in which the plaintiff has appealed this device has been condemned, while it has been approved …
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
West Virginia Law Review
No abstract provided.
Pleading--Statute Of Frauds May Be Raised By Demurrer, Robert E. Hatton Jr.
Pleading--Statute Of Frauds May Be Raised By Demurrer, Robert E. Hatton Jr.
Kentucky Law Journal
No abstract provided.
New Rules Of The Supreme Court, Bernard C. Gavit
New Rules Of The Supreme Court, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Cause Of Action--A Reply, Bernard C. Gavit
The Cause Of Action--A Reply, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Federal Practice -Appeal And Error - Review Of Denial Of Motion For New Trial
Federal Practice -Appeal And Error - Review Of Denial Of Motion For New Trial
Michigan Law Review
The federal appellate courts have, in a great many decisions, refused to review the denial of a motion for a new trial made in a lower federal court. The very recent case of Fairmount Glass Works v. Cub Fork Coal Co. once again presents the problem, and Justice Brandeis, writing the majority opinion, follows the prior holdings. In this very excellent opinion the learned Justice presents the reasons for the result generally reached, and enumerates some of the exceptions in a manner which should tend to clarify much of the doubt which has existed in this field of appellate jurisdiction.
Pleading--Probative Facts May Not Be Pleaded, James T. Hatcher
Pleading--Probative Facts May Not Be Pleaded, James T. Hatcher
Kentucky Law Journal
No abstract provided.