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Articles 241 - 270 of 418
Full-Text Articles in Civil Procedure
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Michigan Law Review
An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …
Discovery-Attorney-Client Privilege-Statements By Client To Insurer Before Attorney Employed, Colvin A. Peterson, Jr. S. Ed.
Discovery-Attorney-Client Privilege-Statements By Client To Insurer Before Attorney Employed, Colvin A. Peterson, Jr. S. Ed.
Michigan Law Review
Plaintiff, suing for personal injuries suffered in an automobile collision, sought discovery of statements made by defendant to his insurer, both before and after an attorney had been employed by the insurer pursuant to its contract with defendant. Defendant contended that such statements were within the attorney-client privilege. On appeal from an order denying discovery, held, affirmed. The statements were intended as a communication by defendant to the attorney ultimately to be retained for him by his insurer, and the insurer was the agent of defendant to transmit the statements to the attorney when selected. Hollien v. Kaye, …
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Michigan Law Review
Opposing counsel's objection to material in petitioner's opening statement to the jury was sustained. When petitioner rephrased his statement, the trial court, feeling that he was still trying to get inadmissible material before the jury, threatened to "declare a mistrial if you mess with me two minutes and a half, and fine you besides.'' Petitioner took an exception to the conduct of the court, and was immediately fined $25. His protests led to successive increases in penalty, culminating in a $100 fine and three days in jail. The Supreme Court of Texas denied habeas corpus on the ground that the …
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Michigan Law Review
Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict …
Appeal And Error-Appeals In Forma Pauperis-Necessity For Attorney Hired On Contingent Fee To File Affidavit Of His Poverty, J. D. Mcleod
Appeal And Error-Appeals In Forma Pauperis-Necessity For Attorney Hired On Contingent Fee To File Affidavit Of His Poverty, J. D. Mcleod
Michigan Law Review
Relying upon the applicable statute, petitioner filed a motion for appeal in forma pauperis in a federal district court. The motion was denied on the ground, inter alia, that petitioner's attorney had filed an insufficient affidavit of poverty. The court assumed that the attorney was employed on contingent fee. The denial of the motion was affirmed by the circuit court of appeals. On further appeal, held, reversed. An attorney is not required to file an affidavit of his poverty as a condition to proceedings in forma pauperis, even though he is employed on contingent fee. Adkins v. …
Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.
Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.
Michigan Law Review
Appellant used sound equipment mounted on his truck to comment on a labor dispute. He was convicted in a police court of violating a city ordinance which prohibited the use on any public street of sound amplifying devices emitting loud and raucous noises. The intermediate court of appeal of New Jersey, in affirming the conviction, construed the ordinance to be an absolute prohibition. The conviction was sustained on appeal to the highest court of New Jersey by an evenly divided court of twelve justices. On appeal to the United States Supreme Court, held, affirmed. Justice Reed, joined by Chief …
Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers
Libel-Limitation Of Actions-"Single Publication Rule" Extended To Include Books, W. M. Myers
Michigan Law Review
In November, 1941, defendant book publishers commenced distribution of a book containing allegedly libelous statements concerning plaintiff. Thereafter, there were seven additional printings, the last in December, 1943, distribution of which began in March, 1944. Although more than 12,000 copies of the book were sold prior to this reprinting, only 60 copies were sold from stock during the year immediately preceding July 2, I 946, the date plaintiff instituted his action. To determine whether the action was barred by the statute of limitations, the following question was certified to the New York Court of Appeals: "Do sales from stock by …
Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis
Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis
Michigan Law Review
Plaintiff, a resident of Texas, brought action in a United States district court in Minnesota to recover damages under the Federal Employers' Liability Act for injuries received in an accident in Texas. Defendant, in accordance with section 1404(a) of the United States Judicial Code, moved for a change of venue to Texas for the convenience of parties and witnesses and in the interest of justice. Plaintiff resisted the transfer solely on the ground that the section did not apply where venue was granted under the F.E.L.A. Held, by a two judge district court, motion granted. Hayes v. Chicago, R.I. …
Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.
Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.
Michigan Law Review
In an action on an express contrast, plaintiff sued for $1750, representing the agreed 5 per cent commission on the sale of real estate. Defendant denied the validity of the contract, and there was no issue as to the amount of liability if liability existed. The instruction to the jury was that plaintiff was entitled to 5 per cent commission if entitled to recover. The jury returned a verdict for $875, half the amount claimed. Defendant's motion for a new trial was denied. Held, although the verdict was unauthorized as to plaintiff, there was no error as to defendant …
Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed.
Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed.
Michigan Law Review
Third-party practice as originally adopted by the Federal Rules of Civil Procedure was one of the bolder steps in the direction of integrated and complete litigation of all phases of a transaction. One of the principal problems that was forseen by the commentators and that has in fact developed in the cases is the jurisdictional limitation of the federal courts where no federal question is involved, and jurisdiction depends on diversity of citizenship or alienage. Rule 82 is explicit in stating that the Rules should be interpreted so as not to extend or limit the jurisdiction of the district courts. …
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Michigan Law Review
One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Michigan Law Review
Petitioner was summoned to appear as a witness before one of Oakland County's judges who was then acting in the capacity of "one-man grand juror." This proceeding was attended only by petitioner, the judge grand juror, and two other circuit judges acting as advisers to the latter. The purpose was to investigate alleged misconduct on the part of law-enforcing officials through the acceptance of bribes in the form of sales of worthless "bonds" on pin-ball machines. Petitioner admitted purchasing these "bonds" but could. not recall just what he had done with them when they had expired. Concluding that the petitioner's …
Discovery-Procurement Of An Order Requiring A Nonresident Plaintiff To Submit To An Oral Examination Within The State Before Trial, Ralph J. Isackson
Discovery-Procurement Of An Order Requiring A Nonresident Plaintiff To Submit To An Oral Examination Within The State Before Trial, Ralph J. Isackson
Michigan Law Review
Relator, a resident of Massachusetts, brought an action in Illinois against the Railway Express Company to recover damages for the negligent transportation of the relator's cattle. After the cause was at issue the Express Company's attorneys presented a motion to respondent, a superior court judge, requesting a court order directing the nonresident relator to appear before a notary public in Chicago for the purpose of an oral examination. The court granted the order, fixing a time and place for the taking of relator's deposition on oral interrogatories. Upon failure of the relator to appear, the court stayed proceedings for a …
Practice And Procedure-Proceedings For Restoration Of Sanity -Who May Appeal From An Adjudication Of Sanity, Chester Lloyd Jones S.Ed.
Practice And Procedure-Proceedings For Restoration Of Sanity -Who May Appeal From An Adjudication Of Sanity, Chester Lloyd Jones S.Ed.
Michigan Law Review
In a proceeding commenced by a guardian ad litem in a probate court to determine whether an incompetent might be adjudged sane, the committee was made respondent and resisted the adjudication of sanity. From a judgment of competency, the committee appealed to the proper court of general jurisdiction. The applicable statutes specifically gave only the petitioner the right to appeal in proceedings for restoration of sanity, but another statute gave the right to appeal from probate to circuit courts to "any person interested in any . . . decree of any probate court, and considering himself injured thereby." Petitioner moved …
Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.
Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.
Michigan Law Review
A court which has issued a permanent injunction may, under certain conditions, open and modify or dissolve the injunction even though the decree in the original action has become final. This power is said to be justified by the continuing operation of the injunction, which regulates future conduct as well as determining the rights of the parties as of the date of rendition of the decree. The same proposition can be restated by saying that injunctions are issued to protect existing rights, but provide no immunity against modification of those rights because of later changes in the applicable law or …
Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii
Federal Courts-Rules Of Civil Procedure-Construction Of Rule 50 (B), Daniel W. Reddin, Ii
Michigan Law Review
This action was brought in a South Carolina state court and removed to the federal district court on grounds of diversity of citizenship. After the evidence of both parties had been presented, the court denied defendant's motion for a directed verdict. Thereafter, the jury returned a verdict for the plaintiff. Although defendant filed a motion for a new trial on grounds of newly discovered evidence which the court denied, he did not move to have the verdict and judgment set aside and to have judgment entered in his favor as he might have done under Rule 50 (b) of the …
Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed.
Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed.
Michigan Law Review
The administrator of the Office of Price Administration began an action on behalf of the United States against the defendant to enforce certain penalties for the violation of the Emergency Price Control Act. While the action was pending the administrator was succeeded in office. Counsel for the government, however, failed to move to substitute his successor as a party plaintiff until more than six months thereafter. The defendant then moved to dismiss the action on the grounds that unless such substitution was made within the six months specified by section 780 of the Judicial Code and Rule 25(d), Federal Rules …
Required Joinder Of Claims, William Wirt Blume
Required Joinder Of Claims, William Wirt Blume
Michigan Law Review
There are three principal reasons for requiring the joinder of claims: (1) To prevent the evils of a multiplicity of suits. (2) To eliminate the possibility of more than one recovery on one liability. (3) To make possible the ranking of claims and a pro rata distribution of property. In this paper the writer will undertake a brief survey of the common situations in which joinder of claims is or may be required, with the object of indicating the extent to which the practice is bottomed on the principle of preventing unnecessary suits.
Federal Procedure-Impleader Under Rule I4-Lack Of Diversity Of Citizenship Between Original Plaintiff And Third-Party Defendant, Frank E. Roegge S.Ed.
Federal Procedure-Impleader Under Rule I4-Lack Of Diversity Of Citizenship Between Original Plaintiff And Third-Party Defendant, Frank E. Roegge S.Ed.
Michigan Law Review
Plaintiff, a citizen of Connecticut sued defendant, a citizen of Ohio, for injuries received when the car in which plaintiff was a passenger collided with a truck driven by defendant. Defendant removed the case from a Connecticut state court to a federal district court and then obtained an order citing plaintiff's husband, a citizen of Connecticut and the driver of the car in which plaintiff was riding, as a third-party defendant under Rule 14 of the Federal Rules of Civil Procedure. Defendant had no claim against the third party by Connecticut substantive law which does not recognize contribution between tort-feasors. …
Federal Courts--Jury Selection--Exclusion Of Wage Earners, John R. Dykema
Federal Courts--Jury Selection--Exclusion Of Wage Earners, John R. Dykema
Michigan Law Review
In an action for personal injuries, removed to a federal court, petitioner, a salesman, demanded a jury trial. He moved to strike out the entire panel, alleging that "mostly business executives or those having the employer's viewpoint are purposely selected on said panel . . . [thus] discriminating against other occupations and classes." The evidence showed that the clerk of the court and the jury commissioner had as a matter of practice excluded from the jury list all persons working for a daily wage. They gave as their reason the fact that such persons, called for jury service, invariably requested …
Administrative Law-Exhaustion Of Administrative Remedies As A Prerequisite To Judicial Review-Discretionary Treatment By Federal Courts, James E. Dunlap S.Ed.
Administrative Law-Exhaustion Of Administrative Remedies As A Prerequisite To Judicial Review-Discretionary Treatment By Federal Courts, James E. Dunlap S.Ed.
Michigan Law Review
The recent Supreme Court decision in Levers v. Anderson held that the rule that one must exhaust his administrative remedies before he is entitled to judicial review does not operate automatically so as to preclude judicial relief when such relief has been expressly permitted by statute. Stated in this way, it is difficult to see how one could reach a different conclusion. Nevertheless, it is believed that this decision, which resulted in a reversal of a circuit court's judgment, did much to remove certain confusion in this field.
Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears
Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears
Michigan Law Review
Legislators have deemed it necessary, in order to protect the public interest, to exercise some control over the practice of the healing art by physicians, surgeons, chiropractors, osteopaths, dentists, etc., both as to who may practice and in what manner the practice may be carried on. Legislators have also required, in certain situations, that designated persons submit to medical treatment. Both types of regulation give rise to various legal and constitutional problems and it is the purpose of this paper to discuss some of these problems.
Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Michigan Law Review
By far the oldest of the common law devices for taking a case away from a jury is the demurrer upon evidence. A reported instance of its use appears as early as 1456.
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Michigan Law Review
Appellee, the United States government, by a proceeding in rem, sought to condemn two shipments of canned oysters packed by appellant, the C. C. Company, under the Federal Food, Drug and Cosmetic Act, on the ground that the oysters were wholly or partially decomposed. The district court found for the appellee on conflicting evidence of experts, and appellant appealed to the Circuit Court of Appeals for the Fifth Circuit. On the theory that procedure on appeal should conform to appeals in admiralty, the circuit court of appeals reviewed the whole case de novo, reversed the district court on the ground …
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Michigan Law Review
Petitioner applied to a specific district court judge for a writ of habeas corpus. Following the practice of the court of which he was a member, this judge filed the petition with the clerk of the court, and it was assigned to a second judge, who denied the petition. From this decision petitioner appealed. Two questions were raised (1) whether a writ of habas corpus should be granted; and (2) whether it is mandatory that a petition of habeas corpus addressed to a specific judge of the district court be heard and determined by that judge to the exclusion of …
Trial Procedure-Note Taking By Jurors-Misconduct Of Court In Instructing Jury To Take Notes Over Objections Of Litigants, Craig E. Davids S.Ed.
Trial Procedure-Note Taking By Jurors-Misconduct Of Court In Instructing Jury To Take Notes Over Objections Of Litigants, Craig E. Davids S.Ed.
Michigan Law Review
Plaintiff suffered injuries by stepping into a hole on the sidewalk of defendant city. After a jury had been impaneled and sworn in the trial of the cause, the court, without the request of either litigant and over their objections, suggested to the jurors that they might take notes on the evidence presented, furnishing them with the necessary materials and instructing them as to how they should be kept during the progress of the trial. The trial court awarded judgment for defendant. The court of appeals, however, reversed the decision of the lower court and granted a new trial, holding …
Practice And Procedure-Under What Circumstances May Counsel Ask Jurors Regarding Their Interest In Insurance Companies, On Trial Of A Case Against An Insured Defendant, Edwin Boos
Michigan Law Review
From a verdict in favor of the plaintiff in a personal injury action, defendant appeals, alleging as error questions repeatedly asked the jurors in their voir dire examination by plaintiff over defendant's objection. Plaintiff examined the jurors as to their connections, if any, with insurance companies in general and with Lloyd's specifically. All questions were answered in the negative. The argument of the defendant is that an affidavit, which had been previously presented to the court and to the plaintiff by the defendant, showing that no person on the jury list was in any way interested in Lloyd's or any …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Parties - Whether Action For Money Judgment By Holder Of Unsecured Bonds Constitutes "Class" Suit Binding On All Owners Of That Series Who Did Not Appear, William Houston
Parties - Whether Action For Money Judgment By Holder Of Unsecured Bonds Constitutes "Class" Suit Binding On All Owners Of That Series Who Did Not Appear, William Houston
Michigan Law Review
The Chicago Board of Education had issued a certain series of refunding bonds, and later defaulted on interest coupons, numbered 16, attached to the bonds. Prior to the present suit a suit in equity had been instituted against the board by some of the owners of these bonds, on behalf of themselves and all other owners of bonds in this series, in which they prayed for judgment for the amount of interest due to each owner, together with costs, and attorney's fees. Defendant made a motion, to dismiss that suit on the ground that such action could not be maintained …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.