Civil Law Commons^™

Cml Procedure - Mandamus - Application To Erroneous Refusal To Dismiss On The Ground Of Forum Non Conveniens, George E. Parker Iii

Michigan Law Review

Petitioner railroad, defendant in a suit brought in Illinois under the Federal Employers' Liability Act, moved to dismiss on the ground of forum non conveniens. The accident occurred in New Mexico, and none of the parties or witnesses was a resident of Illinois. The railroad, however, did business in Illinois as well as in other states, and had its principal offices and legal staff in Chicago. Upon denial of the motion to dismiss, the railroad, on original petition to the Supreme Court of Illinois, sought a writ of mandamus to compel dismissal. Held, writ denied, two justices dissenting. Mandamus …

Civil Procedure - Forum Non Conveniens - Judicial Adoption Of Doctrine When Statue Of Limitations Has Run Elsewhere, Jerome S. Traum

Michigan Law Review

Plaintiff, a Missouri resident, brought suit in Arkansas against defendant, a Missouri corporation authorized to do business in Arkansas, for injuries received in an accident in Illinois. Plaintiff had filed and dismissed an action in Missouri, and the statute of limitations had run in Illinois. Defendant's motion for dismissal on grounds of forum non conveniens was granted by the trial court. On appeal, held, reversed and remanded, one justice dissenting. Although the trial court could in its discretion refuse jurisdiction on the grounds of forum non conveniens, there was insufficient evidence in this case upon which a dismissal could …

Civil Procedure - Process - Immunity From Service Of Nonresident Entering State To Discuss Settlement Of A Dispute, Edward M. Heppenstall

Michigan Law Review

Defendant, a resident of Idaho, leased a service station in Idaho from plaintiff, a Utah corporation. Plaintiff's attorney travelled to Idaho to attempt settlement of difficulties which had arisen concerning the lease. When the Idaho negotiations failed, plaintiff invited defendant to make further attempts at settlement in Utah. Defendant accepted the proposal and, when the Utah negotiations proved unfruitful, defendant was served with process in Utah at plaintiff's request. It was undisputed that defendant went to Utah solely to effect settlement, returning directly to Idaho after cessation of negotiations. On appeal from the trial court's denial of defendant's motion to …

Civil Procedure On The American Frontier, William Wirt Blume

Michigan Law Review

The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.

Calamandrei: Procedure And Democracy, Charles Alan Wright

Michigan Law Review

A Review of Procedure and Democracy. By Piero Calamandrei.

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

NYLS Law Review

No abstract provided.

Family Responsibilty Under The American Poor Laws: Ii, Daniel R. Mandelker

Michigan Law Review

No substantive statutory provision fulfills the purpose for which it was enacted unless fair and efficient procedures are provided for its enforcement. Under the Elizabethan family responsibility law, enforcement was confined to the parish justices of the peace, who at that time exercised both administrative and judicial functions. The blending of administrative and judicial functions no longer being the rule in American local government, practically all of the American family responsibility statutes provide for some judicial procedure by which the support duty may be enforced. The basic issue with which the courts have been concerned in applying these statutory remedies …

Civil Procedure - Process - Amendment When A Partnership Is Served As A Corporation, Donald W. Shaffer

Michigan Law Review

Plaintiff instituted a negligence action for personal injuries by serving a summons and complaint on one Moriarty as an officer of Moriarty Manufacturing Company, intending thereby a substituted service on this company. Plaintiff believed the named firm to be a corporation, but it was in fact a partnership of which Moriarty was a member. There was no appearance or answer. Two and one-half years after the initial service, an amended summons and complaint were served on all of the partners. In answer, defendants pleaded a two-year statute of limitations and moved for a summary judgment, which was granted. On appeal, …

Federal Procedure - Juries - Attacking Release For Fraud In Action At Law, James W. Beatty S.Ed.

Michigan Law Review

Plaintiff brought an action to recover damages for personal injuries. Defendant filed an answer and asserted that plaintiff had executed a release in full for all claims against the defendant. In his reply plaintiff admitted that he had executed the release, but claimed that it was obtained by fraud on the part of the defendant. The district court granted defendant's motion to deny a jury trial on the ground that the matter of determining the validity of a release was properly cognizable in equity and that therefore plaintiff was not entitled to a jury trial on this issue. On appeal …

Civil Procedure - Venue - Forum Non-Conveniens, Richard S. Weinstein S.Ed.

Michigan Law Review

Plaintiff, an Indiana corporation not authorized to do business in New York, brought an action in New York, aided by attachment, against Indiana residents on a contract that was made, was to be performed, and allegedly was breached in Indiana. On the basis of the doctrine of forum non conveniens the defendants moved to vacate the warrant of attachment and to dismiss the complaint. The lower court denied the motion. On appeal, held, reversed. Under the doctrine of forum non conveniens, the lower court should have exercised its discretion to refuse to entertain the action. Central Pub. Co. vs. …

Falsification As Contempt, Stephen D. Potts

Vanderbilt Law Review

The last twenty years have been witness first to an expansion and then to a retrenchment of constitutionally protected civil liberties. The exercise of the contempt power is an area in which constitutional limitations on modes of procedure are inapplicable so long as the power is used to preserve the judiciary.'

Contempts are either direct or constructive. Direct contempts are committed in the presence of the court whereas constructive contempts are committed outside the presence of the court. This distinction is significant in that direct contempts are punishable without a formulated charge, hearing or formal judgment of guilt. Constructive contempts …

Civil Procedure - Compensation Of Witnesses In A Civil Action, David W. Belin S.Ed.

Michigan Law Review

As the amount and complexity of litigation has increased, there have been corresponding increases in demands for added compensation of witnesses. Like the juror, the witness often receives the time-honored answer that he cannot be heard to complain that his compensation is inadequate; the administration of justice is a mutual benefit to all members of the community, and each is under a public duty to further it.

At common law witnesses received no compensation. Time spent in testifying was held to be claimed by the public as a tax, paid by the witness to the system of law which protected …

Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..

Michigan Law Review

A wife sued for the wrongful death of her husband, which was allegedly caused by a nonresident defendant's negligent operation of his automobile on a Wisconsin highway while the plaintiff's husband was a passenger therein. Service of process was made on the Commissioner of the Motor Vehicle Department in Wisconsin, and copies of the summons and complaint were mailed to defendant in Illinois in accordance with the Wisconsin nonresident motorist statute. Shortly thereafter, before a judgment was rendered, defendant died. Plaintiff sought to revive the action against defendant's administrator by serving notice of the filing of a petition for revival …

Civil Procedure - Judgments - Res Judicata Effect Of Declaratory Judgments, Robert G. Russell S.Ed..

Michigan Law Review

In a former action brought pursuant to the Colorado Declaratory Judgment Act, plaintiff was declared to have the right to use a certain roadway as dedicated and defendant was enjoined from interfering with or obstructing plaintiff's use of the same. Thereafter, plaintiff brought the present action to recover damages allegedly resulting from defendant's blockading of the road prior to the bringing of the former action. On appeal from a judgment for plaintiff, held, reversed. Where, as here, the damages were antecedent and might with propriety have been determined in the same proceeding in which the declaratory judgment alone was …

Corporations - Shareholders - Right To Bring Derivative Action For Treble Damages Under Antitrust Laws, William K. Davenport S.Ed.

Michigan Law Review

Plaintiff, owner of 50 percent of the stock in a theater corporation, brought a derivative action in federal court for treble damages for loss of profits allegedly suffered from defendant's violation of the antitrust laws. The district court sustained defendant's motion to dismiss. On appeal to the court of appeals, held, reversed and remanded. Under the new federal rules, a stockholder may bring a derivative action for treble damages under the antitrust laws. Fanchon & Marco, Inc. v. Paramount Pictures, Inc., (2d Cir. 1953) 202 F. (2d) 731.

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 …

Soviet Civil Law: Private Rights And Their Back-Ground Under The Soviet Regime Comparative Survey And Translation Of The Civil Code; Code Of Domestic Relations; Judiciary Act; Code Of Civil Procedure; Laws On Nationality, Corporations, Patents, Copyright, Collective Farms, Labor; And Other Related Laws. Volume 2., Vladimir E. Gsovski

Michigan Legal Studies Series

For centuries, jurisprudence has been built up and developed in terms of a more or less comparable body of concepts: family, private ownership, individual rights, and the State, the necessity of which was challenged in the original program in the name of which the soviet government assumed the reins of power. What then is the fate under the soviet regime of the legal concepts thus far operative in all civilized societies? This book seeks to offer material for the answer to questions of this nature. The principal aim of the author has been to inquire into the legal protection and …

Soviet Civil Law: Private Rights And Their Back-Ground Under The Soviet Regime Comparative Survey And Translation Of The Civil Code; Code Of Domestic Relations; Judiciary Act; Code Of Civil Procedure; Laws On Nationality, Corporations, Patents, Copyright, Collective Farms, Labor; And Other Related Laws. Volume 1., Vladimir Gsovski

Michigan Legal Studies Series

For centuries, jurisprudence has been built up and developed in terms of a more or less comparable body of concepts: family, private ownership, individual rights, and the State, the necessity of which was challenged in the original program in the name of which the soviet government assumed the reins of power. What then is the fate under the soviet regime of the legal concepts thus far operative in all civilized societies? This book seeks to offer material for the answer to questions of this nature. The principal aim of the author has been to inquire into the legal protection and …

The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens

Kentucky Law Journal

No abstract provided.

Some Suggestions On The Investigation Of Facts, William J. Hornaday

Indiana Law Journal

No abstract provided.

Procedure--Demurrer To Misjoinder Of Parties Under The Revised Code, J. H. H.

West Virginia Law Review

No abstract provided.

State Farm Mutual Automobile Insurance Company V. Marie H. Justis

Virginia Supreme Court Records, Volume 168

Supreme Court of Appeals of Virginia at Richmond

Counterclaims And Set-Offs In Indiana, Harold W. Starr

Indiana Law Journal

No abstract provided.

Some Thoughts On Section 606 Of The Civil Code, Lillard Carter

Kentucky Law Journal

No abstract provided.

Process, Edson R. Sunderland

Book Chapters

Professor Sunderland's chapter on Process: "Process, in the sense in which it is employed in the present title, means the writ, notice, or other formal writing, issued by authority of law, for the purpose of bringing defendant into a court of law to answer plaintiff's demands in civil action, although in a more technical and limited sense the term is frequently applied only to those writs or writings which issue out of a court." The chapter features an 8-page outline introductory.

Pleading, Edson R. Sunderland

Book Chapters

Professor Sunderland's 780-page chapter on Pleadings: "Pleadings are statements, in logical and legal form, of causes of action and grounds of defense, terminating in a single proposition affirmed on one side and denied on the other. They are intended to form the foundation of the proof to be submitted on the trial, and should advise the parties to an action what the opposite party relies upon either as a cause of action or defense or objection as the case may be." Preceded by a 41-page outline.

Illustrative Cases On Equity Jurisprudence, Harry B. Hutchins, Robert E. Bunker

Books

This second edition (1904) retains the same arrangement and chapters of the previous edition (1902) about which was written, in a contemporary review: "These cases cover the entire subject of Equity Jurisprudence, and are classified according to the arrangement that is followed in Eaton on Equity….”

Illustrative Cases On Equity Jurisprudence, Harry B. Hutchins, Robert E. Bunker

Books

“‘Hutchins & Bunker’s Illustrative Cases on Equity Jurisprudence” is a recently published collection of 286 cases, selected by Dean Harry B. Hutchins and Prof. Robert E. Bunker, both of the University of Michigan. These cases cover the entire subject of Equity Jurisprudence, and are classified according to the arrangement that is followed in Eaton on Equity….” -- American Law School Review 1, no.1 (1902): 30, “Recent Legal Publications.”

Code Civil Et Pénal Du Judaïsme, Jean De Pavly

Civil Codes (1800-1923)

Traduit pour la première fois sur l'original chaldéo-rabbinique accompagne de notes et extraits des commentaires précédé d'une lettre adressée a l'auteur au nom de sa majesté l'empereur de Russie.

Bibliothèque Orientale Elzévirienne; 71.

Cases On Equity Jurisprudence, Harry B. Hutchins

Books

“The following cases have been printed at the request of Prof. H. B. Hutchins, Dean of the Law Department of the University of Michigan, for use in connection with his lectures in that law school. They have been chiefly selected from Fetter’s Cases on Equity Jurisprudence and Pattee’s Cases in Equity.” -- Title page.