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University of Michigan Law School

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Articles 481 - 510 of 607

Full-Text Articles in Civil Procedure

Federal Practice - Power Of United States Supreme Court To Entertain Writ Of Certiorari Where Appeal Has Been Erroneously Taken May 1932

Federal Practice - Power Of United States Supreme Court To Entertain Writ Of Certiorari Where Appeal Has Been Erroneously Taken

Michigan Law Review

Judgment for the plaintiff in a law action was affirmed by the circuit court of appeals, first circuit, and defendant appealed to the Supreme Court of the United States and at the same time petitioned for a writ of certiorari. The appeal was dismissed for want of jurisdiction, and appellee contended that the petition for certiorari could not be entertained under par. (b) of sec. 240, Judicial Code, as amended by Act of February 13, 1925 (c. 229, 43 Stat. 936, 938, 939; U.S. C. A. tit. 28, sec. 347). Held, that the writ of certiorari could be granted, …

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Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed May 1932

Federal Practise-Review Of Facts-Instance Of When Verdict Must Be Directed

Michigan Law Review

This was a case in which a motion for a directed verdict was denied by the trial court on the ground that there was sufficient evidence to justify a submission of the case to the jury. The circuit court of appeals affirmed this, but on appeal to the Supreme Court it was held error. Southern Ry. Co. v. Walters (U.S. 1931) 52 Sup. Ct. 58.

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Patents - Right To Personal Service In Contempt Proceedings May 1932

Patents - Right To Personal Service In Contempt Proceedings

Michigan Law Review

Complainant obtained in the district court of Massachusetts a final injunction against the manufacture and sale of a device by defendant, a Michigan corporation. In a subsequent term of court, complainant brought contempt proceedings for an alleged violation of the injunction. Copies of the petition, motion, and order to show cause were sent by registered mail to the defendant's place of business. Objection to the jurisdiction of the court was raised upon the ground that the term in which the injunction had issued had expired and the decree, as to compensation, had been satisfied; hence personal service as in a …

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Constitutional Law-Compelling Witness Duty From Absent Nationals Apr 1932

Constitutional Law-Compelling Witness Duty From Absent Nationals

Michigan Law Review

In proceedings taken under the so-called Walsh Act the petitioner, Blackmer, a United States citizen residing in France, was found guilty of contempt for failure to respond to subpoenas issued out of a federal court and served on him in France by a United States consul requiring him to appear as a witness in that court. See 30 MICH. L. REV. 137 (1931) for a more detailed statement of the facts. By a unanimous decision (Mr. Justice Roberts not participating) the United States Supreme Court recently held that the contempt decree be affirmed, thus sustaining the constitutionality of the Walsh …

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Trial Practice - Questioning On Voir Dire As To Relation To Insurance Company Apr 1932

Trial Practice - Questioning On Voir Dire As To Relation To Insurance Company

Michigan Law Review

Plaintiff's counsel was permitted, over the objection of defendant's counsel, to ask on voir dire examination whether the jurors or the members of their families were stockholders in any insurance company. Held, proper under the circumstances, there being no showing of want of good faith, or persistent course or effort to impress on the jury that the defendant's liability was insured. Raines v. Wilson (Iowa, 1931) 239 N. W. 36.

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Civil Pleading In Scotland, Robert Wyness Millar Mar 1932

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

It might be expected that, after the lodging of the answers and pleas in law on the part of the defender, a brief period would now be allowed the pursuer to put in a reply to any affirmative allegations contained in the defender's pleading. But this is not the case, at least in the sense of his lodging a separate pleading. He is given opportunity to reply, but by way of revising his condescendence. Basically, the principle is the same as that obtaining in our classic chancery practice, whereby the complainant amended his bill in order to include any special …

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Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action Mar 1932

Federal Practice - Statute Of Limitations - An Amendment As Stating A New Cause Of Action

Michigan Law Review

Plaintiff brought his action to recover taxes paid under protest September 21, 1920. The tax was levied under the Revenue Act of 1918 on certain whiskey belonging to the plaintiff and stored in a government warehouse, which it was claimed had been withdrawn for beverage purposes. In his first petition, filed July 26, 1924, the plaintiff alleged that no tax was due because the liquor, while in exclusive control of the government and without fault of the plaintiff, was destroyed by fire. Two amended petitions were filed, one on February 28, 1927, and the other on September 22, 1928, in …

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Torts - Negligence - Recent Acquisition Of Driver's License Mar 1932

Torts - Negligence - Recent Acquisition Of Driver's License

Michigan Law Review

In a suit for damages for injuries allegedly negligently inflicted upon the occupant of an automobile, plaintiff testified that defendant was driving at a high rate of speed when his car began to zigzag and finally overturned, injuring plaintiff. Defendant testified that he was driving moderately when, upon their sudden application, the brakes locked, causing the car to zigzag and overturn. There was evidence to the effect that "defendant was an inexperienced driver, having just obtained his driver's license." Defendant's motions for a nonsuit and a directed verdict were refused. Held, that the question of defendant's negligence was for …

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Civil Pleading In Scotland, Robert Wyness Millar Feb 1932

Civil Pleading In Scotland, Robert Wyness Millar

Michigan Law Review

Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …

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Federal Practice - Appeal And Error - Harmless Error Feb 1932

Federal Practice - Appeal And Error - Harmless Error

Michigan Law Review

Plaintiff in error was convicted of illegally transporting intoxicating liquor. Federal officers were permitted to testify over defendant's objection: (1) that they found intoxicating liquor in defendant's automobile parked in his farm-yard; (2) that the radiator of the car was heated as if it had been recently used; (3) that they had followed defendant's car on the highway and into his farm-yard; (4) and that the defendant had admitted to them that he had driven the car. Defendant admitted on the witness stand that he owned both the liquor and the automobile, but denied that the automobile had been used …

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Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38 Feb 1932

Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38

Michigan Law Review

Plaintiff filed suit in a federal court, sitting in equity, in behalf of himself and others, to enjoin the collection of an illegal tax imposed by North Carolina upon peddlers of foreign fruit within that state. He alleged that 400 others were similarly situated and that over 100 of them had contributed to the expense of the litigation. Held, the individual legal remedy available under state statute was inadequate in view of the multiplicity of suits it necessitated, and the plaintiff was entitled under Federal Equity Rule 38 (post) to bring a class suit to enjoin the collection of …

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Federal Practice - Jury - Motion To Quash Panel - Summons Accompanied By Questionnaire Feb 1932

Federal Practice - Jury - Motion To Quash Panel - Summons Accompanied By Questionnaire

Michigan Law Review

Gideon was convicted in the district court of conspiracy to violate the National Prohibition Act. Along with the summons to the prospective jurors, the clerk sent out a questionnaire calling for information as to business or occupation, period of residence, age, whether married or single, number of children, religious faith, views on prohibition, and prior jury service. It purported to be for jury records but was not authorized by statute. Held, a failure to sustain the motion to quash the panel was reversible error. Gideon v. United States (C. C. A. 8th, 1931) 52 F.(2d) 427.

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Discovery Before Trial, George Ragland Jr. Jan 1932

Discovery Before Trial, George Ragland Jr.

Michigan Legal Studies Series

The purpose of this volume is to present in a convenient and usable form a comparative study of the expedients which are being employed in various American and English jurisdictions for the purpose of facilitating pre-trial practice, to describe the practical operation of the different devices, and to show their effect upon the general administration of justice. An analysis of the statutory and case law has been combined with data which shows the practical operation of the procedure in the everyday work of the lawyer and judge. Field studies were made by the author in different cities of the following …

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Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof Jan 1932

Practice And Procedure - Demurrer To Evidence - Directing Verdict In Favor Of Party Having Burden Of Proof

Michigan Law Review

P purchased potatoes in Michigan. He instructed the defendant railroad to deliver the potatoes to the warehouse of B when they should arrive in Richmond. Instead, some were sent to another warehouse. Before P discovered the mistake, the potatoes spoiled. P made claim of loss six months and twenty days after the shipment left Michigan. The bill of lading provided that claims for loss or damage must be made in writing within six months after a reasonable time for delivery has elapsed. The testimony of Neiss, freight clerk, who was called by the defendant, was to the effect that eight …

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Insurance - Estoppel - Parol Evidence Rule Dec 1931

Insurance - Estoppel - Parol Evidence Rule

Michigan Law Review

The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …

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Review Of A Review, Charles E. Clark Nov 1931

Review Of A Review, Charles E. Clark

Michigan Law Review

In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …

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Procedure - Service Of Process - Jurisdiction Conferred By Consent Nov 1931

Procedure - Service Of Process - Jurisdiction Conferred By Consent

Michigan Law Review

Plaintiff, a resident of England, and defendant, a resident of New York, entered into a contract for the sale and delivery of zinc. By a clause in the contract the parties agreed that all differences arising thereunder should be arbitrated at London pursuant to the arbitration law of Great Britain. Differences arose, and the plaintiff requested the defendant in New York to concur in the selection of an arbitrator, serving notice that, in the event of failure so to do, application would be made for appointment of one as provided by statute. This notice was ignored, and a form of …

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Courts-Power To Direct Verdicts Where Forbidden By State Constitution Jun 1931

Courts-Power To Direct Verdicts Where Forbidden By State Constitution

Michigan Law Review

ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …

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Process-Service By Publication In Creditors' Suits May 1931

Process-Service By Publication In Creditors' Suits

Michigan Law Review

The plaintiff, a citizen of Missouri, recovered a judgment against the defendant, a citizen of New York, in the federal district court, S. D., New York. Execution was issued and returned unsatisfied, and a creditors' bill was brought to subject the surplus of a trust fund in New York, of which the defendant was the cestui, to the satisfaction of the judgment. In the meantime the defendant bad moved to New Jersey, and service of process was had upon her by publication. On a motion to vacate the order allowing service by publication, the court held that the order allowing …

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Process--Privilige Of Nonresident Attorney Apr 1931

Process--Privilige Of Nonresident Attorney

Michigan Law Review

The defendant, an attorney at law and resident of Minnesota, came into Wisconsin to take depositions to be used in suits pending in Minnesota. Upon arrival he and the witnesses were served with an injunction restraining the taking of the depositions. While awaiting a hearing upon the injunction, in which he intended to appear in his own behalf and as attorney for the witnesses, personal service of a Wisconsin summons in the instant action was made upon him, naming as defendants himself and the law firm of which he was a member. A motion to set aside the service of …

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The New Michigan Court Rules, Edson R. Sunderland Mar 1931

The New Michigan Court Rules, Edson R. Sunderland

Michigan Law Review

There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.

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Contempt-Punishment Of One Not A Party To An Injunction Mar 1931

Contempt-Punishment Of One Not A Party To An Injunction

Michigan Law Review

The plaintiff sued A and B for infringement of patent rights. The suit was dismissed as to A and B testified that the business was solely his. A decree was then entered against B, "his agents, employees, associates and confederates * * *," which enjoined them from "infringing, or aiding or abetting, or in any way contributing to the infringement * * *" of the patents. When the decree was entered, A was an employee of B, but subsequently A left B's employ, began his own business, and infringed the patent. The plaintiff began contempt proceedings against A in the …

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Cases On Pleadings And Procedure, Mason Ladd Feb 1931

Cases On Pleadings And Procedure, Mason Ladd

Michigan Law Review

A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.

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Constitutional Law-Due Process-Procedure Nov 1930

Constitutional Law-Due Process-Procedure

Michigan Law Review

New York Code of Criminal Procedure, sections 921-925, provides, in substance, that the Commissioner of Public Welfare may apply to two magistrates and, upon a showing that a husband or father owning property in the jurisdiction has absconded leaving a wife or children likely to become charges on the public, may secure a warrant for the seizure of such property and that, after confirmation of the warrant by the county court, such property may be applied to the support of the spouse or children. No sort of notice to the absentee is required. Held, affirming the decision of the …

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Book Reviews Feb 1929

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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The Institute's Restatement And The Michigan Law, Herbert F. Goodrich Dec 1927

The Institute's Restatement And The Michigan Law, Herbert F. Goodrich

Michigan Law Review

The task which the American Law Institute has undertaken is to make a statement of the common law, in its various branches. The end in view is not codification; indeed the idea is directly opposed to codification. It is hoped to have, when the work is completed, an accurate statement of existing common law, carefully and systematically made, from which local variations and peculiarities have been ironed out. It is hoped, in other words, to restore both accuracy and continuity to the pattern of the common law fabric as it is woven in our judicial mills.

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Curiosities Of The Law-Mandatory Injunctions In The Double Negative Dec 1926

Curiosities Of The Law-Mandatory Injunctions In The Double Negative

Michigan Law Review

The ridiculous practice of framing mandatory injunctions in the double negative seems to have originated in the famous case of Lane v. Newdigate. The bill was filed by a tenant of a water power mill against his landlord, who owned other lands upon the mill stream, to enforce covenants in the lease, praying specifically that defendant be decreed to remove certain locks which he had erected and restore certain gates and canals which he had destroyed or failed to keep in repair. The case came before Lord Eldon on a motion for a temporary injunction, which was heard ex …

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Privity Of Parties And Attack For Fraud On Judgments Of Sister State Dec 1926

Privity Of Parties And Attack For Fraud On Judgments Of Sister State

Michigan Law Review

An interesting recent decision in Minnesota, Schendel v. C. M. & St. P. Ry. Co., raises two important questions concerning the effect to be given in one state of the Union to a judgment rendered in the courts of another. An action was brought in Minnesota by a special administrator, there appointed, to recover damages for the death of his decedent. The accident resulting in death had occurred in Iowa while the decedent, it was claimed, was engaged in inter-state commerce, so as to bring the claim within the federal statute. To this Minnesota action the defendant set up …

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Recent Important Decisions Jan 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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An Appraisal Of English Procedure, Edson R. Sunderland Dec 1925

An Appraisal Of English Procedure, Edson R. Sunderland

Michigan Law Review

On paper the program of the London meeting of the American Bar Association last year was not a crowded one. No busy morning sessions hurried the members away from their hotels; at noon there was a leisurely opportunity for comfortable luncheons; and the drowsy summer afternoon was far advanced before the real business of the day began. But the printed program only marked the high points of the meeting. All through the week, by day and by night, there was London to be seen, the Abbey, the Tower, the Thames, palaces, parks and galleries, and the thousand historic spots which …

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