Civil Procedure Commons^™

Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.

Michigan Law Review

Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …

Rationale Of Bargain Consideration, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Appeal And Error-Appealable Interest Of Bidder At Judicial Sale, Michigan Law Review

Michigan Law Review

The receiver of a bank effected a compromise settlement with the maker of a second mortgage note of $2100, agreeing to sell him the note for $500. Notice of hearing to confirm this sale was published. Prior to the confirmation, appellant, who was the holder of the first mortgage, offered to pay the receiver $600 for the note. The court confirmed the sale to the maker over appellant's objection made at the hearing. Held, that the appellant was not an aggrieved party and had no appealable interest. Dean v. Clapp, (Iowa 1936) 268 N. W. 56.

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

Virginia Supreme Court Records, Volume 168

Supreme Court of Appeals of Virginia at Richmond

Estoppel And Statutes Of Limitation, John P. Dawson

Michigan Law Review

Among all the spheres of its activity estoppel probably performs no more useful service than in the alleviation of hardship caused by statutes of limitation. Here as in other places the elements of estoppel and its relations to more basic legal concepts are exceedingly hard to define. At some points its effects on limitation acts could be described in terms of express contract; at other points it merges into "fraud"; in general it provides the medium for official expressions of disapproval where civil litigation exceeds the permissible limits of private warfare.

Pleading-Election Between Express Contract And Quantum Meruit

Michigan Law Review

The plaintiff's complaint was twofold. It first set forth an express, written building-contract. The second "cause of action" was based on the quantum meruit theory and alleged what the plaintiff's services were reasonably worth. In his answer the defendant set up a counterclaim for damages due to the plaintiff's delay and faulty construction. During the trial the court, on motion of the defendant, required the plaintiff to elect on which of the two counts it would stand. The plaintiff elected the express contract. From a judgment in its favor for a fraction of the damages demanded, the plaintiff appealed. Held …

Equity - Supplemental Decrees

Michigan Law Review

Appellant sold a trade name to the appellee which the latter was to use on "crayons, pastels, oil and water color paints, pens and erasers." Appellee used the name on other commodities and the appellant obtained an injunction forbidding the use of the name on any articles not mentioned in the contract. A year later, and in another term of court, the appellant moved for a supplemental decree, representing that the appellee was violating the spirit of the injunction by drafting advertising so that through association of the commodities upon which the name could be used with those upon which …

Pleading-How To Raise The Issue Of Payment

Michigan Law Review

On rehearing in an action on contract for money two questions were presented to the court, to wit: first, is an allegation of non-payment essential in order that this complaint might state a cause of action; and second, can the issue of payment be raised by the defendant's general denial? Held, in Hughes v. Wachter an allegation of non-payment is necessary in the complaint, and the defendant may prove payment under a general denial.

Pleading--Motion For Judgement--Quasi-Contracts, Donald M. Hutton

West Virginia Law Review

No abstract provided.

Are All Permanent Injunctions Temporary?

Michigan Law Review

Injunctions may be classified with reference to the stage in the cause at which they are granted, viz. at a preliminary bearing, or at a final bearing, and they may be classified with reference to the time for which they are to stand, viz. for a limited period, or in perpetuity. For the first distinction we have a superfluity of terms. "Temporary," "provisional," "interlocutory," "ad interim" "pendente lite" indicate the first class: "permanent," "perpetual," "final," indicate the second class. But unfortunately several of these terms also suggest the character of the injunction with regard to …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …

Les Codes Marocains, Émile Larcher

Civil Codes (1800-1923)

Annotés des dahirs et arrêtés pris pour la exécution.

Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder

Michigan Law Review

The Power of a Court to Compel a jury to Render its Verdict in Accordance with a Peremptory Instruction; The Liability of Municipal Corporations in the Discharge of Public or Governmental Duties and of Private or Corporate Duties; Some views of the Nature and Effect of Corporateness; Mitigation of Damages or Substituted Contract; Limitation of the Amount of a Carrier's Liability

Note And Comment, James H. Brewster, John R. Rood, Arthur F. H. Wright

Michigan Law Review

James Barr Ames; Necessity and Effect of a Theory; Subrogation to a Lien for Assessments or Taxes--Construction of the Negotiable Instruments Law; We are the Rights of the Vender of Good Will?; Attachments on Unliquidated Demands; Will a Marriage, Bigamous in Inception, Become Valid After the Death of the Undivorced Spouse?

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Assignment--Validity--Possession of Res.; Carriers--Assaults by Employees on Passengers; Constitutional Law--Judicial Powers--Legislative Action of City Council Not Enjoined; Constitutional Law--Privileges and Immunities; Constitutional Law--Taxation of Imports; Contracts--Accord and Satisfaction--Consideration; Corporations--Liability of Bondholders on "Bonus Stock"; Covenants--Creation by Acceptance of Deed Poll; Criminal Law--Habeas Corpus--Want of Jurisdiction; Damages--For Wrongful Cutting of Timber--Value of the Manufactured Lumber; Evidence--Admissions of a Tenant in Common; Evidence--Effect of Plaintiff's Refusal to Submit to Physical Examination; Equity--Laches; foreign Corporations--What Constitutes "doing Business" in the State--Restrictions on State in Case of Interstate Commerce; Injunction--Suspension of Operative Force Pending Appeal; Judgment--conclusiveness--Matters Concluded; Judgment--foreign Judgment--Enforcement; Landlord and Tenant--Trade Fixtures--Right of …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Property Subject to--Goods Conditionally Sold; Bankruptcy--Receiver and Manager--Insufficient Estate--Priorities; Bankruptcy--Solicitor and Client--Account Stated Bankruptcy of Client--Trustee's Right to Go Behind Stated Account, and Require Details; Banks and Banking--Receivers in Proceedings for Dissolution--Sufficiency of Bill; Bills and Notes--Foreign Bill of Exchange--Failure to Protest; Constitutional law--Equal Protection of the Law--Regulation of Common Carrier; Contracts--Mutuality of Obligation; Corporations--Agreement to Take Shares of Stock; Damages--Mental Suffering--Wanton Wrong; Deeds--Date--Presumption as to Time of Delivery; Deeds--Description--Statement of Quantity Controlling; Elections--Certificates of Nomination--Time of Filing--Accident and Mistake Causing Delay; Evidence--Admissibility of Conversation by Telephone; Evidence--Proof of Value--An Exception to the Hearsay Rule; Husband and Wife--Estate by Entirety--application …

Detroit Savings Bank V. Zeigler, Henry W. Rogers

Articles

"Such interchanges of assistance between officers of a bank, as temporary need may require, is fairly within the contemplation of the appointment of such an officer, and the sureties on his bond are liable for a default made while he was temporarily filling the place of another officer.

"The receiving teller of the savings department of a bank, while filling the place of the general teller, during the latter's temporary absences, embezzled moneys of the bank: Held, that the sureties on a bond, given by him for so taken."