Civil Law Commons^™

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 …

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 …

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 …

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.

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 - 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.

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 …

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 …

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 …

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