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Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein
Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein
Michigan Law Review
Defendant, represented by an attorney, was ordered, under an appearance bond, to appear at the November term of the court of general sessions to answer to an indictment for assault and battery with intent to kill. The indictment was not prepared during the November term, and at the end of the term the court ordered all those whose cases were not called to appear at the next term of court. At the February term defendant's case came up, but his attorney had apparently failed to read the court calendar, as neither the defendant nor the attorney knew that the trial …
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Michigan Law Review
In an often-quoted report of a committee of the American Bar Association, Roscoe Pound stated: "Pleadings have four purposes: (1) The first is to serve as a formal basis for the judgment. This is the oldest function, and one that goes back before the time of rational, as distinguished from purely mechanical trial of issues. . . . (2) Another is to separate issues of fact from questions of law .... (3) Another is to give litigants the advantage of a plea of res judicata if molested again for the same cause .... (4) Finally, pleadings exist to notify parties …