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Articles 481 - 499 of 499
Full-Text Articles in Conflict of Laws
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
Michigan Law Review
Conflicts of laws are the necessary result of the division of judicial business. There are too many legal actions arising in localities too diffused to be tried in a single court or system of courts; consequently, litigation has to be distributed, and a highly complex body of jurisdictional regulations has been evolved to control the distribution. Once admit the multiplicity of courts, and diversities of law appear. Not only does the procedure in particular courts respond in some degree to the local traditions of the bar and to the specialized needs of the communities served, but indigenous precedents and practices …
Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B.
Michigan Law Review
The historical classification of actions for personal injuries as transitory imposes no limitation upon the prosecution of foreign suits, either by reference to the residence of the parties or the place in which the action arises. Whenever jurisdiction of the person of the defendant is obtained, the power to hear and determine this type of tort action inheres in every court having jurisdiction of the subject matter. An extreme application of the doctrine of the transitory character of personal actions is not infrequently permitted under the statutes as to venue, wherever suits between parties, all of whom are nonresidents of …
Conflict Of Laws-Jurisdiction In Rem Of Documented Claims
Conflict Of Laws-Jurisdiction In Rem Of Documented Claims
Michigan Law Review
A court has jurisdiction in rem over any res of which it has physical control. But does physical control of a document carry with it the control of the chose in action which it represents? This involves an inquiry as to what extent the chose in action is embodied in the document, to what extent the certificate is itself the res or property. Answers to this question have varied with the type of document and even with the type of suit in which the problem has arisen.
Conflict Of Laws - Contracts - Public Policy
Conflict Of Laws - Contracts - Public Policy
Michigan Law Review
The decedent, in Florida, became the grantee of Florida land by a deed which recited that it was made subject to a mortgage held by one Key, in the sum of $9,000, securing a note for that amount. The deed stipulated that "the grantee herein assumes and agrees to pay the above mortgage and notes." By Florida law the grantee was effectually bound by such a clause. Upon the death of the grantee, Key entered a claim against the estate in Pennsylvania. The lower court disallowed the claim on the basis of a Pennsylvania statute which held a grantee of …
Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance
Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance
Michigan Law Review
A wife whose matrimonial domicil was in Washington, D. C., moved to Reno, Nevada, and there obtained a decree of divorce. Nine years later she filed a bill in the supreme court of the District of Columbia asking that the Nevada decree of divorce be declared void on the ground that she was induced to secure it by fraud and coercion; that a decree be entered requiring defendant to provide "maintenance and support"; and that his property within the jurisdiction of the court be sequestered to insure payment of the same. Sections 70 and 75 of title 14, Code D. …
Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Conflict Of Laws-Jurisdiction
Michigan Law Review
Appellant, a resident of Iowa, was ordered by the military department of the United States to take his troops to Fort Snelling, Minnesota, for a training period, during which time he was served with summons to appear in the district court of Ramsey county. Appellant filed a motion to quash, on the grounds that the Minnesota court had no jurisdiction since he was on a military reservation belonging to the United States and claimed privilege from service because he was involuntarily there in obedience to orders. The motion was overruled and judgment was entered against him. Held, if the …
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Michigan Law Review
Anglo-American writers on the conflict of laws and Continental writers on private international law emphasize, with equal strength, the importance of the rules regulating marriage. Marriage is the most important of the social institutions; it is, in fact, the very foundation of the present social order. The legal system of civilized states, which is called upon to maintain this social order, contains an elaborate body of rules, protecting the institution of marriage. It is noteworthy, indeed, that mature legal systems secure best interests involved in domestic relations, besides interests of substance such as property and contract. Each legal system developed …
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Michigan Law Review
A summons addressed to the defendant corporation was served upon one of its officers at his private residence in Minnesota. The defendant, appearing specially, moved to set aside the service on the ground that it was a foreign corporation not transacting business in the state and that it had empowered no one to accept service of process there in its behalf. The plaintiff contended that the acquisition and ownership of property in Minnesota brought the defendant into the state and under the jurisdiction of its courts. Held, jurisdiction over the corporate property did not give jurisdiction over the corporate …
Conflict Of Laws-Adoption-Jurisdiction
Conflict Of Laws-Adoption-Jurisdiction
Michigan Law Review
Sociologists treat of the subject of adoption very sparsely. It is but a desired end in their work, and having its foundation in law, yields but slightly to sociological supervision. However, there exist many reports and treatises in the field of child placement and the effect thereof on the child. The most cursory examination of these works reveals that from the social point of view, at least, the work is conducted with but one end in view, i. e., the welfare of the child. Adoption, as a means to this end, has the same reason for its foundation. To this …
The Power Of The Written Assertion, Gustavus Ohlinger
The Power Of The Written Assertion, Gustavus Ohlinger
Michigan Law Review
In his Outline of History Mr. Wells comments on the exaggerated estimate which people generally, through reading the Old Testament account, have come to entertain of the wisdom of Solomon and of the glory and prestige of the Israelitish Kingdom during his reign. By way of contrast, the facts, which are readily available and discernable even in the scriptural narrative, reveal this much advertised monarch as a rather insignificant chieftain and his kingdom as a pawn in the policies of his powerful neighbors-a striking example, according to Mr. Wells, of the power of the written assertion over realities in men's …
The Russian Reinsurance Case, Edwin D. Dickinson
The Russian Reinsurance Case, Edwin D. Dickinson
Articles
Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …
Conflict Of Laws--Law Governing The Performance Of A Contract--Validity Of Power Of Attorney To Confess Judgment (Comment On Recent Cases), Bernard C. Gavit
Conflict Of Laws--Law Governing The Performance Of A Contract--Validity Of Power Of Attorney To Confess Judgment (Comment On Recent Cases), Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Tort Obligations And The Conflict Of Laws, Herbert F. Goodrich
Tort Obligations And The Conflict Of Laws, Herbert F. Goodrich
Articles
"This article is an extract from a textbook on 'The Conflict of Laws,' by Professor Goodrich, now in course of preparation, and is here published by permission of the West Publishing Company."--Footnote
Legitimation And Adoption In The Conflict Of Laws, Herbert F. Goodrich
Legitimation And Adoption In The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
Legitimation is defined in Bouvier's Law Dictionary as the act of giving the character of legitimate children to those who were not so born. To make the description complete, it should be added that the natural relation of parent and child must exist between the parties (if strangers in blood the case becomes one of adoption) and that the act or acts of legitimation must be provided for by law.
Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson
Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson
Articles
Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."
Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich
Divorce Problems In The Conflict Of Laws, Herbert F. Goodrich
Articles
Divorce may be considered as the termination of the legal relationship between husband and wife by an act of the law. With the purely local aspect of legal questions regarding divorce, Conflict of Laws is not concerned. If a husband and wife are married and have their home in one state, legal questions concerning their divorce are local matters only. These will include the grounds for divorce, the particular court in which the action is brought, the procedure to be followed from commencement to termination of the action. In such a case it is only when some question concerning the …
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Effect At The Situs Rei, Of A Decree Ordering Conveyance Of Foreign Land, Edgar N. Durfee
Articles
In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it would a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union, the "full faith and credit" clause of the Constitution makes such enforcement of the foreign decree obligatory. …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …