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Automobile accident

Journal

Civil Procedure

1952

Articles 1 - 2 of 2

Full-Text Articles in Law

Civil Procedure-Parties-Intervention Denied Where Applicant Asserts An Independent Cause Of Action In Damage Suit, Richard P. Matsch S.Ed. Dec 1952

Civil Procedure-Parties-Intervention Denied Where Applicant Asserts An Independent Cause Of Action In Damage Suit, Richard P. Matsch S.Ed.

Michigan Law Review

ln plaintiff's action for property damages sustained in a collision with defendant's automobile, defendant's wife filed a petition of intervention for her claim against plaintiff for personal injuries received in the accident. Plaintiff's motion to strike the petition of intervention was overruled by the trial court. On appeal, held, reversed. Petitioner's cause of action was independent of the controversy between plaintiff and defendant and did not fall within the provisions of the court rule allowing intervention. Edgington v. Nichols, (Iowa 1951) 49 N.W. (2d) 555.


Federal Procedure-Removal Of Causes-Meaning Of "Receipt By Defendant" When Service Is On A Nonresident Motorist, Gordon I. Ginsberg S.Ed. Apr 1952

Federal Procedure-Removal Of Causes-Meaning Of "Receipt By Defendant" When Service Is On A Nonresident Motorist, Gordon I. Ginsberg S.Ed.

Michigan Law Review

As a result of an automobile accident in Missouri, the plaintiff, a resident of Missouri, brought a damage action in Missouri against the defendant, a resident of Illinois. Service was had on the defendant by serving the Secretary of State of Missouri and sending notice by registered mail to the defendant, pursuant to the Missouri nonresident motorist statute. Service was received by the Secretary of State on January 13, 1951, and notice was received by the defendant on January 20, 1951. The defendant removed the cause to the federal district court on February 9, 1951. The plaintiff moved to remand …