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Michigan Law Review

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Articles 361 - 390 of 418

Full-Text Articles in Civil Procedure

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 …


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 …


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.


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 …


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 …


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 …


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 …


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 …


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 …


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 …


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.


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 …


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.


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 …


Book Reviews Feb 1929

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


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.


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 …


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 …


Recent Important Decisions Jan 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


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 …


Witnesses--When Interpreters May Be Used Nov 1925

Witnesses--When Interpreters May Be Used

Michigan Law Review

A novel situation in regard to the use of interpreters was presented in People v. Walker (Cal. App. 1924) 231 Pac. 572. The prosecution called a witness who was brought in in a crippled and weak condition. He was asked questions, but "the witness could give forth no sound, not even a whisper, by means of the organs of Speech." While the record was not clear whether there was any movement of his lips whatever, at least there was none which conveyed to any person but his wife the impression that he attempted to put forth articulate speech in response …


Arbitration Under The Modern Statutes Jun 1925

Arbitration Under The Modern Statutes

Michigan Law Review

Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …


Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act Mar 1925

Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act

Michigan Law Review

The defendants, striking employees of a railway company, were proceeded against in a federal district court for contempt in violating a preliminary injunction, and demanded a jury trial under the Clayton Act (c. 323, 38 STAT. 738, sec. 21, 22), which provides that in cases of wilful disobedience of "any lawful writ, process, order, rule, decree, or command of any District court of the United States or any court of the District of Columbia by doing any act or thing" forbidden, if such act or thing also constitutes a criminal offense under any statute of the United States or law …


Recent Important Decisions Mar 1925

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Are All Permanent Injunctions Temporary? Feb 1925

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 …


Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions Jan 1925

Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions

Michigan Law Review

A series of cases recently decided in Georgia brings to mind the interesting question as to whether the court is bound to give instructions upon the law of the case in the absence of a specific request therefor. See Slocumb v. State, 157 Ga. 131; Fort v. State, 121 S. E. 128; Hatfield v. State, 121 S. E. 129; Walker v. State, 121 S. E. 130; Bul­lard v. State, 121 S. E. 130; Coney v. State, 121 S. E. 132, and Riggs v. State (1924) 121 S. E. 142. In none of these cases …


The Federal Uniform Procedure Bill Dec 1924

The Federal Uniform Procedure Bill

Michigan Law Review

After eleven long years of reposing in the files of the judiciary committees, the Federal Procedure Bill (S. 2061), sponsored by the Committee on Uniform Judicial Procedure of the American Bar Association, has finally been favorably reported by the Judiciary Committee of the Senate, and the patron of the bill, Senator A. B. Cummins, will call it up for passage during the early days of the December session of Congress. For eleven long years opponents of the bill have succeeded in keeping it in committee files, and it is to be expected that the proponents of the measure will have …


To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence Jun 1924

To Contribute Or Not To Contribute?--A Basic Inconsistency In The Law Of Negligence

Michigan Law Review

X accepts an invitation to ride with his friend A, in the latter's coupe. B has a party of friends in his new limousine. Both drivers are careless; the cars collide; and X is injured. X brings suit against B, and the latter has A brought into court as a defendant, a proceeding permitted under the provisions of the Wisconsin code of civil procedure. B claims the right of contribution against A, in the event that X is successful in his suit, and also asks affirmative relief against A for the damage done to his limousine. A counters with a …


Simplified Civil Procedure Under The Wisconsin Code Jun 1924

Simplified Civil Procedure Under The Wisconsin Code

Michigan Law Review

A rare illustration of the possibility of simplified procedure, under the modern codes, is presented by a recent decision of the Wisconsin court. Singularly enough the case was also productive of some very interesting problems of substantive law, and will be commented upon, from that standpoint, elsewhere in this publication. As for the fact situation, it will be sufficient for our present purposes, to note that the plaintiff was injured, while riding as a guest, as the result of a collision occasioned by the negligent driving of her host and the operator of another automobile. The guest and the driver …


Recent Important Decisions Jun 1924

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.