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 …

Common Law Interpleader In Equity, Kenneth H. Lambert

William & Mary Law Review

No abstract provided.

1958-1959 Rowan County (Ky.) Circuit Court Bail Bonds, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The bail bond of Rowan County (KY.) Circuit Court from July 1958 to June 1959.

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 …

Guided Tour In A Civil Law Library: Sources And Basic Legal Materials In French Civil And Commercial Law, G. M. Razi

Michigan Law Review

Lawyers everywhere rely upon their books with eagerness and confidence. The larger their libraries, the better equipped they feel to answer the questions of their clients. The composition of an average library differs somewhat in France and in the United States. In this country the law reports, in their familiar, substantial and elegant bindings, are displayed on the prominent shelves, while in Europe, the law reports-often merely paper bound-are relegated to some corner. The front place is reserved for the leather bindings and the gilt letters of the treatises bearing the names of outstanding authors in the various fields of …

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.

An Analysis Of Summary Proceedings Under Special Statutes In Virginia, Philip G. Denman

William & Mary Law Review

No abstract provided.

Regulation Of Business-Civil Actions Under Section 3 Of The Robinson-Patman Act, Richard E. Day S.Ed.

Michigan Law Review

In Nashville Milk Co. v. Carnation Co. plaintiff sought to recover treble damages and asked injunctive relief, claiming defendant had sold filled milk at unreasonably low prices for the purpose of destroying competition by plaintiff in its sale of a like product in violation of section 3 of the Robinson-Patman Act. In affirming an order dismissing the complaint, the Court of Appeals for the Seventh Circuit held that a private action may not be maintained for a violation of section 3 of the Robinson-Patman Act. That very same week, the Court of Appeals for the Tenth Circuit reached a contrary …

Calamandrei: Procedure And Democracy, Charles Alan Wright

Michigan Law Review

A Review of Procedure and Democracy. By Piero Calamandrei.

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

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

NYLS Law Review

No abstract provided.

Schwartz: The Code Napoleon And The Common Law World, J. G. Castel

Michigan Law Review

A Review of The Code Napoleon and the Common Law World. Edited by Bernard Schwartz.

Developments In Legal Education, Faculty Of Law, Civil Law Section, University Of Ottawa, Raymond A. Landry

Dalhousie Law Journal

The present Faculty of Law of the University of Ottawa was inaugurated in 1953, although law had been taught at the Institution from 1887 to shortly before the First World War. This first venture in the teaching of the law was addressed to students both from Ontario and Quebec and the objective of the Faculty, at that time, was to teach both legal systems and to prepare students for the practice of law in both provinces. We will endeavour to present the developments in legal education from the perspective of the Civil Law Section although, unavoidably, the presence of the …

Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop

Michigan Law Review

A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.

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 …

Constitutional Law - Civil Rights Acts - Civil Liability Of State Officials Acting Withing Their Discretionary Powers, Charles B. Renfrew S.Ed.

Michigan Law Review

Plaintiff was adjudged mentally ill by a county probate judge and ordered committed to a state mental hospital in November 1950. The commitment was made pursuant to a petition made out by the county deputy sheriff on the recommendation of a local attorney. In August of 1952, plaintiff was released from the state mental hospital. He then filed an action in the county circuit court to test the validity of his commitment. The circuit court found that the commitment was void, because of a failure by the authorities to comply with the applicable statutory requirements, and granted a permanent injunction …

Real Property - Water Rights - Liability For Discharge Of Surface Water, Robert E. Hammell

Michigan Law Review

In 1950 the corporate defendants purchased a forty acre tract of farm land lying north of plaintiffs' golf course and restaurant. Drainage from this tract had always flowed in a natural course southerly through plaintiffs' land. The defendant corporations constructed a subdivision of 169 homes on the tract. This change aggravated the discharge of surface water onto the land of the plaintiffs, increasing the run-off some 350 percent and, in times of heavy rains, producing flood conditions. Plaintiffs were awarded damages and an injunction by the trial court. On appeal, held, reversed. In respect to 30 acres of defendants' …

Antitrust Administration And Enforcement, John T. Chadwell

Michigan Law Review

The importance of the nation's antitrust policy requires that administration and enforcement powers and techniques be equal to the huge task of effectively safeguarding competition. The recommendations of the Attorney General's Committee represent a statesmanlike effort to balance the need for effective enforcement with the need for the preservation of fairness and the conservation of time and resources in antitrust litigation. Some of the recommendations will undoubtedly engender heated controversy; others seem relatively uncontroversial.

Many individual topics are dealt with in the Report of the committee and space does not permit comment upon all of them. The following discussion is …

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, …

1955-1976 Rowan County (Ky.) Circuit Court Replevin Bonds Ledger, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The Replevin Bonds ledger of the Rowan County (KY.) Circuit Court from November 1955 to January 1976.

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. …

Procedure And Evidence -- 1954 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Generally: The strict rules of pleading are not applicable in a will contest,' which is a proceeding sui generis and regulated by statute. Demurrer. A demurrer to a cross-bill in chancery on the ground that it "states no cause of action upon which relief can be granted" is a nullity, and should be stricken on motion.

Plea in Abatement: Where the chancellor upon hearing a plea inabatement of another action pending for the same cause, found that the cause was substantially the same, and granted plaintiff permission to file the bill in the later suit as an amended or supplemental …

Current Trends In The Business Of The Federal District Courts, Will Shafroth

Vanderbilt Law Review

Congestion in the dockets of many United States district courts in metropolitan centers has called attention to the effects on the judicial business of the great economic development of the past few years, a growth which far exceeds in extent that in any period of equal duration in our history. In the short space of thirteen years from 1940 to 1952 the market value of the output of goods and services produced by the nation's economy increased from 101 billions to 346 billions. Part of this phenomenal rise was due to a 90 percent increase in the cost of living, …

Real Property-Easements By Prescription-Use Of Presumption, Robert B. Olsen

Michigan Law Review

Plaintiffs sought to enjoin defendants from using a driveway located on plaintiffs' property. Defendants counterclaimed to have an easement by prescription declared. The parties occupied adjacent city lots. Defendants' predecessor began using the driveway in 1920 without seeking permission from plaintiffs' predecessor. The respective predecessors were on friendly terms at the inception of the user. Defendants and their predecessors made minor repairs to the driveway and claimed at the trial that they had constantly used it as their own. In 1936, two years after plaintiffs acquired full title to their lot, their predecessor executed an abortive quit-claim deed to the …

Federal Income Taxes And The Civil Fraud Penalty, Raymond Whiteaker

Vanderbilt Law Review

The drive against tax evaders is now in full swing after a complete reorganization of the Internal Revenue Service, and the new Commissioner has promised an efficient enforcement of all revenue laws. Although the effective administration of the federal income tax rests primarily upon the willingness of the taxpayer voluntarily to disclose his correct income, Congress has provided certain civil and criminal penalties to punish those who have not fulfilled their obligations to the United States Treasury. This article will deal only with the administration and operation of the civil fraud penalty.

The most severe civil penalty that may be …

Subrogation, Indemnity, Contribution And Election Of Remedies Aspects Of The Tort Claims Act, Fred Blanton

Vanderbilt Law Review

Dramatically altering the concept of sovereign responsibility in the field of injuries to person and property, the Federal Tort Claims Act of 1946 in action has progressed steadily by application and interpretation to emerge as one of the most, if not the most, important pieces of domestic legislation enacted during the past decade. This ascendency has transpired primarily because the overwhelming majority of courts have boldly taken a dynamic approach to the inevitable problems occurring and recurring in a day-to-day consideration of the multitude of factual permutations and combinations presented to them for analysis and decision under the Act. Generally …

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 …

1954-1955 Rowan County (Ky.) Circuit Court Replevin Bonds Ledger, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The Replevin Bonds ledger of the Rowan County (KY.) Circuit Court from October 1954 to December 1955.