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Articles 1351 - 1380 of 1471
Full-Text Articles in Courts
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Michigan Law Review
The plaintiffs filed a complaint in the United States District Court for the Northern District of Ohio in order to obtain service on the defendant. The plaintiff then filed a motion for an order to transfer the cause to the United States District Court for the Western District of Pennsylvania under Title 28 U.S.C.A. 1404(a) on the grounds that all the plaintiffs and witnesses resided in Pennsylvania, that it would be inconvenient and expensive to transport these witnesses to Ohio, and that the cause of action arose in Pennsylvania. Held, motion denied. Title 28 U.S.C.A. 1404(a) is not available …
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
Michigan Law Review
Recent years have seen increasing effort on the part of courts to distinguish between civil and criminal contempts. This effort has been engendered by an awareness of the different procedural and substantive aspects of the two classifications. A discussion of these aspects, as well as of the tests used to distinguish civil and criminal contempts, is beyond the scope of this paper. Suffice it to say that those tests which have been applied leave much to be desired. The lack of clarity, so evident in prevailing tests, is in part a legacy from early decisions which permitted the two types …
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Michigan Law Review
Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …
Federal Appellate Procedure--Certiorari--Consideration Of Constitutional Objections Not Preserved On The Record, W. E. C.
West Virginia Law Review
No abstract provided.
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--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.
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. …
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-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 …
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 …
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 …
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.
Civil Justice In Germany, Burke Shartel, Hans Julius Wolff
Civil Justice In Germany, Burke Shartel, Hans Julius Wolff
Michigan Law Review
Our aim in preparing this paper is to develop for American lawyers a picture of the functioning of German civil justice. This aim, as well as the paper itself, is an outgrowth of a series of lectures on the German legal system delivered by the authors as background in the law of military occupation for the Judge Advocate General's School of the United States Army in Ann Arbor. That part of these lectures which concerns the operation of German civil justice seems to us of sufficient intrinsic interest to warrant publication.
The Scope Of A Civil Action, William Wirt Blume
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 …
Contempt By Publication In West Virginia, G. W. E.
Contempt By Publication In West Virginia, G. W. E.
West Virginia Law Review
No abstract provided.
Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer
Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer
Michigan Law Review
Plaintiff brought suit on some promissory notes in the federal district court in Michigan. The complaint was filed before the expiration of the six-year Michigan statute of limitations, but although the plaintiff used due diligence he was unable to get personal service on defendant until the statutory period had elapsed. Defendant pleaded the statute of limitations. Both the Michigan and the federal procedures provide that "a civil action is commenced by filing a complaint with the court." Held, that the filing of the complaint tolled the running of the statute and the plaintiff should therefore be allowed to maintain …
Parties - Right To Sue Defendant By Fictitious Name, Oliver B. Crager
Parties - Right To Sue Defendant By Fictitious Name, Oliver B. Crager
Michigan Law Review
Plaintiff brought an action of detinue to repossess an electric refrigerator against "John Doe, whose name is to the plaintiff otherwise unknown, but will be inserted by way of amendment when ascertained," in accordance with an Alabama statute allowing suits to be started against defendants by a fictitious name. Writ of seizure issued on the same date as the summons, but the sheriff did not make service. When it was found that the refrigerator was in the possession of a woman, plaintiff amended the complaint to substitute "Mary Roe, whose name is to the plaintiff otherwise unknown, etc." Service was …
Restitution - Effect Of Illegality - Right Of Person Not A Party To The Illegal Transaction To Invoke Defense Of Illegality, Alfred I. Rothman
Restitution - Effect Of Illegality - Right Of Person Not A Party To The Illegal Transaction To Invoke Defense Of Illegality, Alfred I. Rothman
Michigan Law Review
In an action for conversion of stock, plaintiff alleged that her intestate was the actual owner of the capital stock of a brewing corporation. Intestate had in fact furnished the consideration for the stock, but it was issued in the name of one Vogel as his dummy and agent. After the death of intestate, the defendant, with knowledge of plaintiff's interest, acquired the stock from Vogel by means of a pretended purchase and converted it to his own use. As a defense to the conversion action, defendant interposed a plea of illegality, alleging that the capital stock was issued to …
Federal Courts - Federal Rules Of Civil Procedure - Rule 12(E) - Motion For Bill Of Particulars, Oliver B. Crager
Federal Courts - Federal Rules Of Civil Procedure - Rule 12(E) - Motion For Bill Of Particulars, Oliver B. Crager
Michigan Law Review
The United States brought an action against defendants, movie distributors and producers, for alleged conspiracies and monopolies in violation of the Sherman Anti-Trust Act. Defendants moved for a more definite statement or a bill of particulars under federal rule 12 (e). Held, bill of particulars allowed as to demands seeking ultimate facts, denied as to demands seeking evidentiary matter. United States v. Schine Chain Theatres, (D. C. N. Y. 1940) 1 F. R. D. 205.
Recent Developments In Local Procedure, Leo Carlin
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 …
Regulating Procedure By Rules Of Court In West Virginia, Harry Scherr Jr.
Regulating Procedure By Rules Of Court In West Virginia, Harry Scherr Jr.
West Virginia Law Review
No abstract provided.
Contempt--Power Of Chancery To Punish, W. H. S.
Contempt--Power Of Chancery To Punish, W. H. S.
West Virginia Law Review
No abstract provided.
Appeal And Error - Order Granting A New Trial As An Appealable Order, Michigan Law Review
Appeal And Error - Order Granting A New Trial As An Appealable Order, Michigan Law Review
Michigan Law Review
By an Ohio statute a final order might be reversed, vacated, or modified on appeal. After verdict was returned plaintiff filed a motion for a new trial claiming misconduct on the part of the jury. The trial court granted the motion and the defendant appealed. Held, the granting of a motion for a new trial is not a final order and, therefore, not subject to review, except in cases where it clearly appears from the record that the trial court has abused its discretion in granting the motion. Petro v. Donner, 137 Ohio St. 168, 28 N. E. …
Federal Courts - Rules Of Federal Procedure - Production Of Designated Documents And Things Under Rule 34, William C. Wetherbee Jr.
Federal Courts - Rules Of Federal Procedure - Production Of Designated Documents And Things Under Rule 34, William C. Wetherbee Jr.
Michigan Law Review
Plaintiff sued for damages and loss of profits caused by the unlawful acts of the defendant beginning in January, 1937. Under rule 34 of the new federal rules the defendant moved that the court order the plaintiff to produce its books showing the company's commercial results for the period prior to January 1, 1936; its duplicate federal income tax returns for the years 1934 to 1938; and all copies of statements furnished to any bank or credit company over a period of some five years. Held, motion granted in regard to books of account and duplicate income tax returns …
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Parties - Representative Suits - Is Represented Person A Party?, Michigan Law Review
Michigan Law Review
The petitioner was a member of the class against whom a decree was rendered in a class suit. The petitioner was not named as a party and had no actual notice of the proceedings although notice was published according to court rules. After the time for appeal had expired, petitioner filed a petition to reopen the decree, under the terms of a statute which gave this right to any defendant against whom a court had rendered a decree without personal service. The petition was dismissed and the petitioner appealed. Held, order affirmed because the petitioner was not a party …
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Appeal And Error - Harmless And Prejudicial Error, Michigan Law Review
Michigan Law Review
In the trial of defendant for embezzlement, the prosecutor's opening address to the jury included a hearsay statement, regarding a tacit admission by defendant, tending to establish his guilt. Subsequently in the trial such hearsay statement was not allowed in evidence and the defendant now claims on appeal from conviction that the opening statement was prejudicial and thus he is entitled to a new trial. Held, that the statute governing reversals by an appellate court for prejudicial errors did not apply; and that a new trial follows as a matter of course because of a deprivation of the constitutional …
Practice And Procedure - General Verdict On Several Counts - Is New Trial Necessary When One Of Two Counts Is Unsupported By Evidence?, Edmund R. Blaske
Practice And Procedure - General Verdict On Several Counts - Is New Trial Necessary When One Of Two Counts Is Unsupported By Evidence?, Edmund R. Blaske
Michigan Law Review
Plaintiff sued defendant to recover damages arising from personal injuries claimed to have been suffered by him while in the employ of defendant, who was not under the workmen's compensation statute. In the first count of his declaration plaintiff claimed that defendant did not furnish him a safe place in which to work, and in the second count that defendant set him at work on dangerous materials. The jury returned a verdict of "guilty on both counts" and assessed "total damages" at $998.71. The trial court, on a motion for judgment notwithstanding the verdict, ruled that as a matter of …
Federal Courts - Substance And Procedure - Effect Of Erie Railroad V. Tompkins And Rule 8 (C) Of The Federal Rules Of Civil Procedure Upon Burden Of Proof Of Contributory Negligence, John H. Uhl
Michigan Law Review
The case of Erie Railroad v. Tompkins has wrought a great change in the relationship between the state and federal courts. Prior to its decision, the federal courts under the rule of Swift v. Tyson did not have to apply the state non-statutory law. They could apply their own notions as to what the law was in matters of general law relating to substance. The Conformity Act compelled the federal courts to follow the practice, pleading, and forms and modes of proceeding in like causes in the courts of the state within which the federal district courts were held. In …