Civil Procedure Commons^™

The Demurrer - At Common Law, Under Modern Codes, Practice Acts, And Rules Of Civil Procedure, Alison Reppy

NYLS Law Review

No abstract provided.

Civil Procedure - Process - Amendment When A Partnership Is Served As A Corporation, Donald W. Shaffer

Michigan Law Review

Plaintiff instituted a negligence action for personal injuries by serving a summons and complaint on one Moriarty as an officer of Moriarty Manufacturing Company, intending thereby a substituted service on this company. Plaintiff believed the named firm to be a corporation, but it was in fact a partnership of which Moriarty was a member. There was no appearance or answer. Two and one-half years after the initial service, an amended summons and complaint were served on all of the partners. In answer, defendants pleaded a two-year statute of limitations and moved for a summary judgment, which was granted. On appeal, …

Right To Bill Of Particulars In Eminent Domain Proceedings, G. D. H. S.

West Virginia Law Review

No abstract provided.

Pleading And Practice--Representative Capacity, P. M. F.

West Virginia Law Review

No abstract provided.

Book Reviews, Ralph F. Fuchs, Thomas Christy Chapin, Schuyler W. Jackson, John A. Bauman, Kenneth S. Carlston, Laurens H. Rhinelander, Mortimer M. Caplin, Clifford C. Alloway, Charles H. Livengood Jr., Albert R. Beisel Jr.

Journal of Legal Education

No abstract provided.

The Uses Of Pleading, Edward W. Cleary

Kentucky Law Journal

No abstract provided.

Procedure-Divisibility Of Right To Recover Damages For Injury To Person And Property Sustained In Same Accident [Carter V. Hinkle, Va. 1949]

Washington and Lee Law Review

No abstract provided.

The Scope Of A Civil Action, William Wirt Blume

Michigan Law Review

In the last fifty years the rules which deal with what Professor Millar happily has called "The Compass of the Cause" have shown "conspicuous advance." This advance is clearly reflected in the Rules of Civil Procedure of the District Courts of the United States, effective in 1938. It is the purpose of this paper, first, to present a complete analysis of the concept: scope of a civil action; second, to show the weaknesses of the codes in dealing with this concept; and, third, to indicate to what extent these, weaknesses have been remedied by the new …

Recent Developments In Local Procedure, Leo Carlin

West Virginia Law Review

The Supreme Court of Appeals of this state, in three recent eases, two at law and one in equity, has prescribed or suggested what many West Virginia practitioners may consider innovations affecting three very ordinary matters of practice in this jurisdiction. Two of these cases, dealing, respectively, with the manner in which failure of consideration may be asserted as a defense and the necessity of process upon a cross-bill answer, are actual adjudications. One, indicating certain circumstances under which it is deemed the Statute of Frauds should be pleaded specially, contains only dicta so far as that particular question is …

Pleading And Practice-Objection After Verdict To Admissibility Of Evidence [United States V. Dressler, C. C. A. 7th, 1940]

Washington and Lee Law Review

No abstract provided.

The Theory And Practice Of Pre-Trial Procedure, Edson R. Sunderland

Michigan Law Review

Pre-trial civil procedure under the English common-law system consisted only of pleading. Whatever the rules of pleading could accomplish in the way of defining and restricting issues contributed to the efficiency of the trial. What could not be done by the rules of pleading could not be done at all.

The great weakness of pleading as a means for developing and presenting issues of fact for trial lay in its total lack of any means for testing the factual basis for the pleader's allegations and denials. They might rest upon the soundest evidence, or they might rest upon nothing at …

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.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Review: A Selection Of Cases On The Law Of Pleading Under Modern Codes, Charles M. Hepburn

Charles Hepburn (1918-1925)

No abstract provided.

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Michigan Law Review

Procedure has always been the bête noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

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. …

Logic V Common Sense In Pleading, Nathan Isaacs

Michigan Law Review

Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that

The Proposed Michigan Judicature Act, Edson R. Sunderland

Articles

The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is much less voluminous than the …

Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland

Books

“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the …

Pleading Estoppel, W. Gordon Stoner

Articles

No subject is fraught with more difficulties for the pleader than that of estoppel. The problems of "when" and "how" to plead seem never so perplexing as when they arise in connection with this subject. That these problems are not confined to any day or age is evidenced by the reports from the time of Lord COKE down to the latest advance sheets of the present day reporter systems, and the lawyers of no generation have been wholly agreed on their solution. No system of pleading yet established has been free from these questions and with each general change in …

Cases On Equity Pleading And Practice, Bradley M. Thompson

Books

The cases contained in this volume have been selected with a view of assisting both the student and the instructor, with illustration of the practical application of the general principle and rule of equity pleading and practice. Only so much of the statement of fact and of the opinion of the court have been retained in each case as is sufficient to make the decision upon the question of pleading before the Court intelligible and clear. As far as possible all padding has been excluded. Littleton ha aid: "And know, my son, that it is one of the most honorable, …