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Articles 151 - 180 of 180
Full-Text Articles in Civil Procedure
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
Villanova Law Review (1956 - )
No abstract provided.
Long-Arm Wrestling With Pennsylvania's Jurisdiction Over Nonresident Individuals: The Reach Of Section 8305, Don O. Burley
Long-Arm Wrestling With Pennsylvania's Jurisdiction Over Nonresident Individuals: The Reach Of Section 8305, Don O. Burley
Villanova Law Review (1956 - )
No abstract provided.
Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit
American Indian Law Review
No abstract provided.
Venue Of Civil Actions In Kentucky, William H. Fortune
Venue Of Civil Actions In Kentucky, William H. Fortune
Law Faculty Scholarly Articles
The purpose of this paper is primarily to analyze Kentucky’s venue statutes, and secondarily to suggest the path to reform. The paper is divided into four parts. Part I is a brief history of the confusion in Kentucky between jurisdiction and venue. Some exposure to this history is essential to an understanding of the older cases, which in some areas are the only cases in point. Part II is an analysis of the four major venue statutes in KRS Chapter 454: KRS § 452.400—actions involving land; KRS § 452.450-actions against corporations; KRS § 452.460—actions for personal injury or property damage; …
The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson
The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson
Villanova Law Review (1956 - )
No abstract provided.
Abstracts Of Recent Cases, John Welton Fisher Ii
Abstracts Of Recent Cases, John Welton Fisher Ii
West Virginia Law Review
No abstract provided.
Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions
Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions
Washington and Lee Law Review
No abstract provided.
Federal Jurisdiction--Citizenship In A Class Or Entity Action, Boyd Lee Warner
Federal Jurisdiction--Citizenship In A Class Or Entity Action, Boyd Lee Warner
West Virginia Law Review
No abstract provided.
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Michigan Law Review
This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.
Motor Vehicle Area Provides Impetus For Further Expansion Of In Personam Jurisdiction - Davis V. St. Paul-Mercury Indemnity Company, Louis B. Price
Motor Vehicle Area Provides Impetus For Further Expansion Of In Personam Jurisdiction - Davis V. St. Paul-Mercury Indemnity Company, Louis B. Price
Maryland Law Review
No abstract provided.
Due Process--Jurisdiction--Corporate Amenability To Substitute Service Of Process, Sterl Franklin Shinaberry
Due Process--Jurisdiction--Corporate Amenability To Substitute Service Of Process, Sterl Franklin Shinaberry
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Civil Procedure - Nonresident Motorist Statutes - Extent To Which Jurisdiction May Be Acquired, Edwin W. Scott, Michael R. Bradley
Civil Procedure - Nonresident Motorist Statutes - Extent To Which Jurisdiction May Be Acquired, Edwin W. Scott, Michael R. Bradley
Villanova Law Review (1956 - )
No abstract provided.
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
Articles by Maurer Faculty
Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and herefore should not be made available in the federal courts merely to bring their practice into conformity …
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
West Virginia Law Review
No abstract provided.
Recent Ohio Procedure Changes, Lee E. Skeel
Recent Ohio Procedure Changes, Lee E. Skeel
Cleveland State Law Review
It might be well to begin by giving consideration to the recent cases dealing with appellate procedure, before considering statutory changes. The questions of when a motion for new trial tolls the time for giving notice of appeal, and what constitutes a final order, have been given consideration in recent cases.
Civil Procedure - Federal Jurisidiction - Federal Test Of Doing Business Determines Corporate Amenability To Service Of Process In Federal Cause Of Action, William F. Coyle
Civil Procedure - Federal Jurisidiction - Federal Test Of Doing Business Determines Corporate Amenability To Service Of Process In Federal Cause Of Action, William F. Coyle
Villanova Law Review (1956 - )
No abstract provided.
Perils In Ohio Civil Procedure, William K. Gardner
Perils In Ohio Civil Procedure, William K. Gardner
Cleveland State Law Review
Civil procedure has been much improved and greatly simplified as compared with by-gone days. However, just as in any profession, trade or athletic game, there are certain rules to be followed, and the cautious lawyer, if he is not familiar with all the rules, should examine the appropriate statutes and decisions before he attempts to commence any action or to perfect an appeal. There are a number of pitfalls, even under code practice, of which many lawyers have learned to their regret. A few of them will be pointed out in this article.
Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed.
Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed.
Michigan Law Review
Plaintiff brought suit in the Municipal Court of Cleveland based on an automobile collision which occurred in the city. Defendant was served by mail at his residence outside the city and beyond the territorial jurisdiction of the court. Appearing specially, defendant moved to quash service of summons; the trial court overruled the motion and gave him leave to plead. Defendant then filed a counterclaim based on the same collision, alleging the negligence of the plaintiff and requesting damages. On appeal of the decision overruling his motion to quash service, held, defendant had not waived his objection to jurisdiction by …
Amendments To The Federal Rules: The Function Of A Continuing Rules Committee, Charles A. Wright
Amendments To The Federal Rules: The Function Of A Continuing Rules Committee, Charles A. Wright
Vanderbilt Law Review
No development in American procedural history in the last century has exceeded in importance the adoption by the United States Supreme Court in 1938 of the Federal Rules of Civil Procedure. These rules, the product of a distinguished Advisory Committee, introduced a system and a philosophy differing as markedly from the code pleading then in vogue as code pleading, in its day, had differed from common-law pleading. This new system has worked well in the federal courts, so well indeed as to stimulate a reexamination of procedure in many of the states, with nearly a dozen jurisdiction shaving already adopted …
The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
Vanderbilt Law Review
If there is any proposition upon which teachers of procedure seem to agree it is that the Federal Rules ought to be a focal point of interest in the study of their subject. Most casebooks on general procedure published in recent years emphasize their concentration upon the Federal Rules: Vanderbilt's Cases on Modern Procedure and Judicial Administration, Field and Kaplan's Materials on Civil Procedure, Brown, Vestal and Ladd's Cases and Materials on Pleading and Procedure, to mention only a few. And when older casebooks, like Scott and Simpson's Cases and Other Materials on Civil Procedure or Clark's Cases on Modern …
Proper Venue Of Actions Under Non-Resident Motor Vehicle Statute - And Similar Provisions Of Aviation Act - Alcarese V. Stinger
Maryland Law Review
No abstract provided.
Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman
Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman
Articles by Maurer Faculty
No abstract provided.
Federal Courts--Venue--"Residence" Of Defendant In Federal Reservation Grounded On State Laws Concerning Admission Of Foreign Corporations, D. B. H.
West Virginia Law Review
No abstract provided.
Pleading And Practice--Service Of Process--Venue And Jurisdiction, E. E. T. Jr.
Pleading And Practice--Service Of Process--Venue And Jurisdiction, E. E. T. Jr.
West Virginia Law Review
No abstract provided.
Injunctions--Exercise Of Power To Enjoin Litigant Within Court's Territorial Jurisdiction From Bringing Suit In Distant Tribunal--Federal Employers' Liability Act Nonrestrictive Of General Equitable Power, W. E. N.
West Virginia Law Review
No abstract provided.
Federal Appellate Jurisdiction And Procedure, T. W. Arnold
Federal Appellate Jurisdiction And Procedure, T. W. Arnold
West Virginia Law Review
No abstract provided.
Lien Of Judgments Of United States Courts In Washington, F. C. Hackman
Lien Of Judgments Of United States Courts In Washington, F. C. Hackman
Washington Law Review
At common law pecuniary judgments and decrees do not become a lien, in the modern sense of the term, on property of the debtor, so that that effect is a statutory creation. Therefore, whether a judgment is a lien, how made so, to what interest or estate the lien attaches, when the lien commences, how long it endures, and all other particulars must be ascertained from the statutes of the proper jurisdiction. The fixation of the force and effect of judgments and decrees of courts is an attribute of sovereignty. The United States and the several states being sovereignties, each …
Necessity Of Objection In The Inferior Court As A Prerequisite To Seeking A Writ Of Prohibition, L. C.
Necessity Of Objection In The Inferior Court As A Prerequisite To Seeking A Writ Of Prohibition, L. C.
West Virginia Law Review
No abstract provided.
The Michigan Judicature Act Of 1915, Edson R. Sunderland
The Michigan Judicature Act Of 1915, Edson R. Sunderland
Articles
IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.