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Estate Of Harootenian [Dissent], Jesse W. Carter Dec 1951

Estate Of Harootenian [Dissent], Jesse W. Carter

Jesse Carter Opinions

A judgment lien creditor, who had perfected a lien at the time the property would devolve to the heir if the will would be set aside, was an interested person entitled to intervene and contest the will.


Civil Practice—Preference In Docketing Denied Though Party Aged, Infirm, And Destitute, Neil R. Farmelo Dec 1951

Civil Practice—Preference In Docketing Denied Though Party Aged, Infirm, And Destitute, Neil R. Farmelo

Buffalo Law Review

Bitterman v. 2007 Davidson Avenue, Inc., 278 A. D. 759, 104 N. Y. S. 2d 81. (1st Dept. 1951).


Primer Of Procedure. By Delimar Karlen., George Neff Stevens Dec 1951

Primer Of Procedure. By Delimar Karlen., George Neff Stevens

Buffalo Law Review

No abstract provided.


Federal Practice—Dependent Claim Dismissed On Failure Of Federal Claim, Charles Ryan Desmond Dec 1951

Federal Practice—Dependent Claim Dismissed On Failure Of Federal Claim, Charles Ryan Desmond

Buffalo Law Review

Keiman v. Betty Dain Creations, 189 F. 2nd 596 (2d Cir. 1951).


Federal Procedure-Mandamus-Use To Prevent Change Of Venue, Richard J. Darger S. Ed. Dec 1951

Federal Procedure-Mandamus-Use To Prevent Change Of Venue, Richard J. Darger S. Ed.

Michigan Law Review

Petitioners instituted a suit in the District Court for the Southern District of California seeking damages for alleged patent infringement. That court ordered the case transferred to the District Court for the District of Delaware on the ground that venue was not properly laid in the Southern District of California. Then petition was made to the Court of Appeals for the Ninth Circuit for mandamus to compel the judge of the lower court to withdraw the order of transfer. Held: petition denied. Mandamus will issue to prevent a transfer of a case to the district court of another circuit …


Trial By The Court Without A Jury, Leo Carlin Dec 1951

Trial By The Court Without A Jury, Leo Carlin

West Virginia Law Review

It is elementary, of course, that, in an action at law, normally, the court tries the law and the jury tries the facts; and, in one respect, there can be no departure from this division of labor. For obvious reasons, no other functionary can assume the task of the court. But there are various procedural devices, some under the common law and some under statutes, by which the jury may be entirely eliminated as a trial factor. Its services may be dispensed with in the course of the trial, after it has developed that they are no longer needed, as …


Process--Substituted Service--Nonresident Plaintiff And Defendant, J. N. C. Dec 1951

Process--Substituted Service--Nonresident Plaintiff And Defendant, J. N. C.

West Virginia Law Review

No abstract provided.


Process In Forfeited And Delinquent Land Suits---A Moot Question?, George G. Bailey Dec 1951

Process In Forfeited And Delinquent Land Suits---A Moot Question?, George G. Bailey

West Virginia Law Review

No abstract provided.


Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson Dec 1951

Service Of Process In Delinquent Lands Proceeding---A Suit That Is Not A Suit, Clyde L. Colson

West Virginia Law Review

No abstract provided.


Federal Procedure-Change Of Venue On Motion Of The Plaintiff, David F. Ulmer S. Ed. Dec 1951

Federal Procedure-Change Of Venue On Motion Of The Plaintiff, David F. Ulmer S. Ed.

Michigan Law Review

Plaintiff, a resident of California, was injured on defendant corporation's premises in Nevada. Being unable to serve defendant in California, plaintiff started a negligence action in the Federal District Court in Nevada and then moved for a change of venue to the proper Federal District Court in California under section 1404(a) of the Judicial Code. The Federal District Court of Nevada overruled plaintiff's motion. On appeal, held, affirmed. The requirement under 1404(a) that the action be transferred to any district "where it might have been brought" precludes transfer to a forum where the defendant was not amenable to process. …


Federal Procedure-Venue-Transfer Under Section 1404(A) To District Where Venue Originally Would Have Been Improper, Wilber M. Brucker, Jr. S. Ed. Dec 1951

Federal Procedure-Venue-Transfer Under Section 1404(A) To District Where Venue Originally Would Have Been Improper, Wilber M. Brucker, Jr. S. Ed.

Michigan Law Review

Civil anti-trust actions were properly brought against defendants in the Federal District Court for the District of Delaware. Defendants sought a transfer of the suits to a district court in Texas under section 1404(a) of the Judicial Code, which allows a transfer when requirements of convenience are met to any district where the suit "might have been brought" Although venue in the Texas District Court would not have been proper when the suits were originally instituted, defendants claimed that their express waiver of improper venue removed the bar to transfer. The district court ruled that it lacked the power to …


Federal Procedure-Venue-Applicability Of Section 1404(A) Of New Title 28 To Anti-Trust Suits, Morris G. Shanker S. Ed. Dec 1951

Federal Procedure-Venue-Applicability Of Section 1404(A) Of New Title 28 To Anti-Trust Suits, Morris G. Shanker S. Ed.

Michigan Law Review

Working directly from a branch office in Washington, D.C., defendant corporation solicited orders and distributed films in the state of Virginia, although it had not registered as a foreign corporation in that state. Alleging that the defendant had violated the anti-trust laws by its activities in Virginia, plaintiff brought a civil action for damages and injunctive relief in the United States District Court for the District of Columbia. Pursuant to section 14O4(a) of Title 28 U.S.C. defendant moved to transfer the action to the District Court for the Eastern District of Virginia. Held, since the defendant was not transacting …


Practice And Procedure, Arnold Shulman, Joseph C. Jackson Dec 1951

Practice And Procedure, Arnold Shulman, Joseph C. Jackson

Mercer Law Review

Unfortunately in writing on the subject of practice and procedure there is little or no opportunity to indulge in attempts at anticipatory law. The writers of substantive topics may, on occasion, give a conning tower view of what should be the law and theorize on the progressive trend in various fields. However firm the trend may be toward simplification of practice and procedure, the facts only too well bear out the statement that pleading is statutory and rule-made law, and leaves to the courts very little ground for interpretive opinions. Also, all too frequently, the courts take occasion to use …


Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed. Nov 1951

Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed.

Michigan Law Review

In a recent decision by the United States Supreme Court, a new chapter has been added to the law on the requisites of notice under the due process clause of the Constitution. This case held that publication of notice prior to a judicial settlement of accounts by the corporate trustee of a common trust fund does not afford due process of law to those beneficiaries with present interests whose addresses are known to the trustee. The court refused to classify the action as in rem or in personam but held that whatever its technical definition, the published notice was not …


Civil Procedure-Judgments-Revival Of Judgments On Notice Served Outside The State, Nancy J. Ringland S.Ed. Nov 1951

Civil Procedure-Judgments-Revival Of Judgments On Notice Served Outside The State, Nancy J. Ringland S.Ed.

Michigan Law Review

Relator filed a petition for mandamus to compel the respondent, one of the circuit judges of the City of St. Louis, to assume jurisdiction and take steps to revive a judgment for alimony in favor of relator against her former husband, who was a resident of New Jersey, where notice of the proceedings was personally delivered to him, and who had no property within the state of Missouri. The Missouri statute provided that a revival must be "upon personal service duly had upon the defendant or defendants therein." Held, mandamus denied, on the ground that a personal judgment could …


Federal Procedure-Proper Venue In Patent Infringement Action Against Corporation, Gordon W. Hueschen S.Ed. Nov 1951

Federal Procedure-Proper Venue In Patent Infringement Action Against Corporation, Gordon W. Hueschen S.Ed.

Michigan Law Review

Plaintiffs brought an action for patent infringement against defendant corporation in the Federal District Court for the Southern Division of California, alleging only defendant's "residence" within the district. Defendant moved to dismiss the complaint on the ground that defendant, being a Delaware corporation, did not "reside" within the district, thus rendering the venue defective. Plaintiffs replied that the word "resides," as used in the patent infringement venue section of the code, which states that "any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement …


Huffman V. Lindquist [Dissent], Jesse W. Carter Jun 1951

Huffman V. Lindquist [Dissent], Jesse W. Carter

Jesse Carter Opinions

Nonsuits were properly granted to a doctor and hospital in a malpractice and negligence action by the mother of a deceased son where there was insufficient evidence that actions of the doctor and hospital were the proximate cause of the son's death.


Equity--Retention Of Jurisdiction To Award Damages, W. A. B. Jun 1951

Equity--Retention Of Jurisdiction To Award Damages, W. A. B.

West Virginia Law Review

No abstract provided.


Common Law Pleading Modified Versus The Federal Rules: Iv. Pleading Legal And Equitable Rights-Union Of Law And Equity, Marlyn E. Lugar Jun 1951

Common Law Pleading Modified Versus The Federal Rules: Iv. Pleading Legal And Equitable Rights-Union Of Law And Equity, Marlyn E. Lugar

West Virginia Law Review

The preceding parts of this paper have dealt with West Virginia rules which may unnecessarily delay or defeat a hearing on the merits of claims between parties to litigation, but the rules there discussed pertained to actions on one side of the court. Primarily the application of those rules on the law side or to actions at law has been treated, for it is there that the existing procedure is most restrictive. This part of the paper will also deal with limitations on the assertion of rights between the parties, but here will be discussed only those restrictions which resulted …


Civil Procedure-Verdicts-New Trial For Defendant Because Of Inadequacy Of Verdict Against Him, Cleaveland J. Rice S. Ed. Jun 1951

Civil Procedure-Verdicts-New Trial For Defendant Because Of Inadequacy Of Verdict Against Him, Cleaveland J. Rice S. Ed.

Michigan Law Review

Plaintiff sued on a contract for a pro rata share of an agreed $750 annual bonus in addition to salary. The evidence was undisputed that plaintiff had worked for at least the first six months of the year, and possibly seven. The jury was instructed that if it should find that there was such a contract, it should return a verdict for a fractional part of $750, the amount depending upon the portion of the year worked. The result was a verdict in favor of plaintiff for only $312.50. The trial court denied defendant's motion for new trial on grounds …


Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed. Jun 1951

Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.

Michigan Law Review

The respondent suffered a loss by fire, and being uncertain as to which party was liable to compensate for this loss, joined the petitioner and two others as defendants in a suit asking for alternative relief. The petitioner and one of the defendants were insurance corporations with residence outside the state, while the third defendant's residence was the same as that of the respondent. The corporate defendants secured removal of the case to the federal court, and on a trial of the issues, a judgment was rendered for the respondent against the petitioner in the amount of the insurance claimed …


Procedure - Joinder Of Claims In Tort And Contract, Wilson O. Edmunds May 1951

Procedure - Joinder Of Claims In Tort And Contract, Wilson O. Edmunds

William and Mary Review of Virginia Law

No abstract provided.


Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen May 1951

Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen

Michigan Law Review

Plaintiff brought an action against his employer in a federal district court under the Federal Employers' Liability Act for damages for personal injuries suffered during the course of his employment. In the same action, plaintiff sought to have a release, which he had executed, set aside on the ground that it had been obtained by defendant's fraud. Plaintiff requested a jury trial of both claims; defendant objected to a jury trial of the issue of setting aside the release, on the ground that a claim for cancellation of a release is for equitable relief triable to the court alone. Held …


Limitations And The Federal Courts, William Wirt Blume, B. J. George Jr. May 1951

Limitations And The Federal Courts, William Wirt Blume, B. J. George Jr.

Michigan Law Review

Though as a practical matter it is difficult to secure passage of uniform legislation in all states, particularly when the subject matter has so long been considered as of local interest only, the need for such legislation in the case of the statute of limitations seems clear. To the extent that such a statute is adopted, the problem of varying limitation periods upon particular causes of action and similar causes of action will be removed. Only by a uniform state treatment of the problem will the conflict among federal districts resulting from the uniformity of result requirement of Erie Railroad …


Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed. May 1951

Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed.

Michigan Law Review

Two suits based on the Federal Employers' Liability Act were brought in the Circuit Court of the City of St. Louis, Missouri. In both cases, plaintiff was not a Missouri resident, the defendant carrier was a foreign corporation, and the cause of action arose outside the state of Missouri. A motion to dismiss on the ground of forum non conveniens was denied as beyond the jurisdiction of the court, and mandamus proceedings were begun in the Supreme Court of Missouri to compel the trial court to exercise its discretion in disposing of the motions. The writs were quashed by the …


Federal Procedure-Jurisdiction-Diversity Of Citizenship Required In Stockholder's Derivative Suit, Morris G. Shanker May 1951

Federal Procedure-Jurisdiction-Diversity Of Citizenship Required In Stockholder's Derivative Suit, Morris G. Shanker

Michigan Law Review

Plaintiff, a citizen of New York, instituted a stockholder's suit on behalf of a New York corporation in the United States District Court for the Southern District of New York. Individual officers and directors of the corporation, all citizens of Connecticut, were charged with mismanagement and were joined with it as party defendants. Since plaintiff and defendant corporation were both citizens of New York, requisite diversity did not exist, and the district court dismissed the claim for lack of jurisdiction. Upon appeal, held, judgment affirmed. The section of the Federal Judicial Code providing that "any civil action by a …


Federal Procedure-Venue-Waiver Of Title 28, United States Code, Section 1391(A), Under Nonresident Motorist Statutes, Nolan W. Carson S.Ed. May 1951

Federal Procedure-Venue-Waiver Of Title 28, United States Code, Section 1391(A), Under Nonresident Motorist Statutes, Nolan W. Carson S.Ed.

Michigan Law Review

A Connecticut resident brought a suit based on diversity of citizenship in a United States district court in Massachusetts against an Ohio corporation, alleging a cause of action arising from an automobile collision upon a Massachusetts highway. Plaintiff secured personal jurisdiction over the defendant by serving process upon the Registrar of Motor Vehicles for the Commonwealth of Massachusetts and by giving notice to defendant in accordance with the Massachusetts nonresident motorist statute. Upon defendant's motion, the action was dismissed for improper venue. Held, defendant is not a Massachusetts resident for purposes of federal venue as defined by Title 28, …


Procedural Progress In Washington, Milton D. Green May 1951

Procedural Progress In Washington, Milton D. Green

Washington Law Review

In writing the present article the author has in mind no more ambitious purpose than to indicate exactly what changes have been made by the new court rules in the hope that by so doing he may save the members of the bar some time, energy, and temper.


Municipal Corporations—Notice Of Claim—Infants, Burton B. Sarles, Edward J. Schwendler Jr. Apr 1951

Municipal Corporations—Notice Of Claim—Infants, Burton B. Sarles, Edward J. Schwendler Jr.

Buffalo Law Review

Martin v. School Board of Union Free District, 301 N. Y. 233, 93 N. E. 2d 655 (1950).


New York Practice (3d Edition). By Julian J. Appleton., Adolf Homburger Apr 1951

New York Practice (3d Edition). By Julian J. Appleton., Adolf Homburger

Buffalo Law Review

No abstract provided.