Civil Law Commons^™

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 …

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.

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 …

A Civil Action: From Pleading To Opening Of Trial, By Hubert Hickman, Cleon H. Foust Jr.

Indiana Law Journal

No abstract provided.

Problemas De Derecho Positivo, José D. Peñate

Mario Diaz Cruz Pamphlets

No abstract provided.

1952-1954 Rowan County (Ky.) Circuit Court Replevin Bonds 6, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Replevin Bonds from the Rowan County (KY.) Circuit Court from December of 1952 to October of 1954.

El Código Procesal Civil Montagú, Pedro J. Entenza Jova

Mario Diaz Cruz Pamphlets

Publicado en la Revista del Colegio de Abogados de la Habana, Nos. 83-84 Julio-Diciembre de 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 …

Soviet Civil Law: A Review, Roscoe Pound

Michigan Law Review

Here is an excellent and much needed book. Although the enthusiastic wishful thinking about things Russian, fashionable not so long ago, has for the most part abated, the rise of a new social and economic order on a great scale must call for careful study by lawyers and law-makers no less than by historians and economists and students of politics. Now that a generation has been at work constructively since the destructive era of militant communism after the revolution, we need accurate and objectively presented and interpreted information as to how the administration of justice goes on under "the dictatorship …

Civil Lawyer Looks At American Law School Instruction, Gino Gorla

Journal of Legal Education

No abstract provided.

Insolvent Decedents' Estates, Kurt H. Nadelmann

Michigan Law Review

The problems of insolvent decedents' estates have created special difficulties in all legal systems. Two unrelated fields of the law are involved: decedents' estates and insolvency. Treatment of the topic in works on one or the other field is often scanty and few studies exist which deal exclusively with insolvent decedents' estates law. Research in the conflicts problems of the field has led the writer to investigate the differences in the treatment of insolvent decedents' estates in this country, other common law countries, and countries of the civil law. Results of this study are used to discuss problems of the …

Partnership--Partner's Right To Compensation For Services To Partnership As A Going Concern, C. E. Lombardi, Jr.

Michigan Law Review

Plaintiff and defendant bought a fishing boat, which they operated in partnership for a number of years, under an agreement embodied in a series of informal letters. Both plaintiff and defendant at times ran the boat, but apparently they never operated it together. The partner in charge received the customary share of the crew's two-thirds of the "catch," plus compensation for services rendered as captain; each of them received half of the ''boat's share" of the catch. Defendant bought materials for some special nets, which he designed and constructed; he informed. plaintiff that he was doing so, and that it …

A Rationale Of Negligence Per Se

Indiana Law Journal

No abstract provided.

Partnership--Partner's Right To Compensation For Services To Partnership As A Going Concern, C. E. Lombardi, Jr.

Michigan Law Review

Plaintiff and defendant bought a fishing boat, which they operated in partnership for a number of years, under an agreement embodied in a series of informal letters. Both plaintiff and defendant at times ran the boat, but apparently they never operated it together. The partner in charge received the customary share of the crew's two-thirds of the "catch," plus compensation for services rendered as captain; each of them received half of the ''boat's share" of the catch. Defendant bought materials for some special nets, which he designed and constructed; he informed. plaintiff that he was doing so, and that it …

1951-1952 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 August 1951 to December 1952.

Reflections On The Case Method - In Teaching Civil Law, Heinrich Kronstein

Journal of Legal Education

No abstract provided.

Libel And Slander-Necessity For Allegation Of Special Damages For Defamation Not Shown Libelous Per Se, John J. Gaskell S.Ed.

Michigan Law Review

Defendants, the deacons, pastor, and clerk of the Gallatin Baptist Church, published to the church membership a letter to the plaintiff, an ordained minister of the Baptist Church, and a member of the Gallatin Church, requiring him to report and show cause why the hand of fellowship should not be withdrawn from him because of heresy. The plaintiff's complaint for libel set out the letter published, but a motion to dismiss for failure to state a cause of action was sustained by the circuit court on the grounds that there was no allegation of special damages to the plaintiff. On …

A Study Of Interpretation In The Civil Law, Mitchell Franklin

Vanderbilt Law Review

Pound has indicated that comprehensively law connotes legal precepts, received legal ideals or ideological aims, and professional legal method or process.' Historically the interpretation of law in the main has been professional, such power being exercised by means of juristic ideas pertaining to legal method.

Hence Coke referred to the "artificial reason" of the English common law; and Windscheid said that the legal method of the Roman law was not a science, but an "art" (Kunst), which had to be learned through experience as well as through theory.

Past attempts to defeat such esoteric control of law have not been …

The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson

Michigan Law Review

It has been often said that the sixteenth and early seventeenth centuries in England were pre-eminently the age of conciliar government. The activities of the Tudor Privy Council extended into every phase of national life and were responsible, more than any other single factor, for the effective organization of an English national state. These activities continued under the first two Stuarts, with no break in institutional development, though they widened the gulf between Crown and people and hastened a revolution.

Indice Civil (02), Mario Díaz Cruz

Index of Cuban Law and Jurisprudence / Indice a la Legislación y Jurisprudencia Cubana

Notebook. Jurisprudencia Seleccionada Civil.

Indice Civil (01), Mario Díaz Cruz

Index of Cuban Law and Jurisprudence / Indice a la Legislación y Jurisprudencia Cubana

Notebook. Jurisprudencia Seleccionada Civil

What Is The I.L.D.?, Kaarte-Edlund Branch

Ina and Noel Harris Collection

Article explaining the origin, recent history and current goals of the International Labor Defense. Details their local history in Northern California and their aid to striking lumber workers amongst other efforts.

Issued by: KAARTE-EDLUND BRANCH, International Labor Defense

Box 988, Eureka, Calif

Alternative Pleading: I, Roy W. Mcdonald

Michigan Law Review

The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …

Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.

Michigan Law Review

Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying …

Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.

Michigan Law Review

Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …

1950-1958 Rowan County (Ky.) Court Bail Bonds, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Bail bonds from Rowan County (KY.) Circuit Court from 1950 to 1958

Place Of Trial Of Civil Cases, William Wirt Blume

Michigan Law Review

Places involved in a study of place of trial may be classified in various ways. The most general classification is: (1) Places within one sovereignty, (2) Places in different sovereignties. Where there is choice of place within one sovereignty, the only rational basis for making the choice is convenience-convenience of the parties, jurors, witnesses, and of the court itself. The same is true when the choice is between courts of different sovereignties, but without cooperation between the sovereignties rational choice may not be possible. The purpose of this discussion is to compare choice of place in England before 1800 with …

Negligence-Taking The Issue Of Negligence From The Jury In Public Utility Cases, Charles D. Bell S.Ed.

Michigan Law Review

After boarding a trolley owned and operated by defendant, plaintiff-dropped her return slip. Holding a package in one hand, she stooped to pick up the slip. Plaintiff testified that although defendant's operator saw her in this position, he started the trolley with a "very fast jerk" which threw plaintiff to the floor and caused certain injuries. At the conclusion of plaintiff's evidence, which consisted of her uncorroborated testimony, the trial court directed a verdict for defendant. On appeal, held, affirmed. Przborowski v. Baltimore Transit Co., (Md. 1948) 59 A. (2d) 687.

Bailment-Liability Of Parking Lot Owner For Theft Of Automobile, Myron J. Nadler

Michigan Law Review

Defendant mill maintained a free parking lot for its employees. The lot was enclosed, having one gate which was under constant surveillance by defendant's private policeman and kept closed except for short periods during shift changes. During a shift change, plaintiff, an employee of defendant, parked his automobile in the lot, removing and retaining the keys. While plaintiff was working in the mill, the watchman on duty at the gate admitted certain persons to the lot and allowed them to remove plaintiff's car. Held, two judges dissenting, this was a bailment for mutual benefit. Goodyear Clearwarter Mills v. Wheeler …