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The Organization Of The Probate Court In America: I, Lewis M. Simes, Paul E. Basye

Michigan Law Review

This is a study of contemporary American legislation concerning probate courts, with particular reference to their jurisdiction over the probate of wills and the administration of estates of deceased persons.

By the term "probate courts" is meant all judicial tribunals which exercise such jurisdiction. As will subsequently appear, they are otherwise variously designated as surrogates' courts, orphans' courts, prerogative courts, courts of ordinary and county courts. In one state all the functions of probate and administration are exercised by courts of chancery. In other states, chancery has concurrent jurisdiction over many of these functions. Sometimes the register of probate exercises …

Courts - Federal Courts - Diversity Of Citizenship Requirement - Persons Evacuated To Other States By Government Order, Michigan Law Review

Michigan Law Review

Plaintiffs were United States citizens of Japanese ancestry domiciled in California. By order of the Western Defense Command, United States Army, they were removed to the Gila River Relocation Center, Arizona. Defendants were residents of California. After their relocation plaintiffs brought this action in the United States District Court for the Southern District of California "to terminate trust, for an accounting, and for appointment of a receiver," and jurisdiction of the federal court was based solely on allegations of diversity of citizenship. Held, action dismissed for want of jurisdiction. A person moving under legal or physical compulsion, from his …

Jurisdiction Of State Equity Courts

Indiana Law Journal

Notes and Comments: National Labor Relations Act

Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review

Michigan Law Review

Plaintiff, a New York corporation, was trustee under a mortgage deed to secure a bond issue executed by A, an Indiana corporation, in 1902. In 1906, B, an Indiana corporation, was formed, its franchise providing, inter alia, that after the expiration of twenty-five years, the company should be wound up and its property conveyed to C, the city of Indianapolis, subject to B's "outstanding legal obligations." In 1913, A leased all of its plant property to B for a term of ninety-nine years, B agreeing to pay as rental the interest on A's outstanding bonded …

Improper Venue Under The Federal Employers' Liability Act

Washington and Lee Law Review

No abstract provided.

Review Of Administrative Acts : A Comparative Study Of The Doctrine Of The Separation Of Powers And Judicial Review In France And The United States, Armin Uhler

Michigan Legal Studies Series

The present study was originally inspired by the widespread interest in the doctrine of the separation of powers stimulated by current discussions of vital problems of administrative law. Frequent reference to this doctrine occurs especially in recent legal literature concerned with the relation between the administrative and judicial departments of government. Particular mention may be made of the attention which has been given the doctrine by the Special Committee on Administrative Law of the American Bar Association. However, the allusions to the doctrine in these discussions to prevalent separation of powers in the organization of government have not always been …

Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston

Michigan Law Review

In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …

Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review

Michigan Law Review

In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory judgment to determine the plaintiff's rights in relation to a patent of the defendant. The petition alleged the plaintiff was importing and offering for sale a chemical called "Estradoil," and that the defendant had notified the plaintiff's customers that the chemical infringed the defendant's patent. A year prior to the action, the defendant had published a notice in a trade journal stating that a certain patent had been issued to it which covered the chemical known as "Estradoil," and that any use of the …

Jurisdiction Of Employee Suits Under The Fair Labor Standards Act, George W. Crockett Jr.

Michigan Law Review

The statutory authority for employee suits under the Fair Labor Standards Act of 1938 is found in section 16(b). Suits under this section have been instituted in both state and federal courts. In practically every case the defendant has, by a motion to dismiss, challenged the jurisdiction of the court. The usual ground for the challenge in the state courts is that such suits seek to recover penalties incurred under a statute of the United States, and are, therefore, within the exclusive jurisdiction of the district courts of the United States. The jurisdiction of the federal district courts is generally …

Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman

Michigan Law Review

The long-term security of civil liberties in the United States must in the end depend upon the spirit and attitude of the public. Many violations of these rights never reach the stage of justiciable issues. But even when they do, public sentiment is often reflected in the courts. Especially is this true in the state courts, which are often too near local prejudices and entrenched mores to withstand their effect. This situation was recognized as long ago as the Reconstruction Era, when the various civil rights acts provided for federal protection of civil liberties. Apparently it was felt that from …

Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume

Michigan Law Review

Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …

Courts-Conflicting Jurisdiction Between State And Federal Courts

Indiana Law Journal

No abstract provided.

Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker

Michigan Law Review

The writ of prohibition originally issued from the king's temporal courts to the ecclesiastical courts to prevent any usurpation of jurisdiction of the king's courts by the spiritual courts. Prohibition has been classed as one of the prerogative writs, that is, a writ issued by the extraordinary power of the sovereign to interfere with private rights in order to preserve the prerogatives and franchises of the state. The writ of prohibition differed historically from the other prerogative writs in that its issuance was not discretionary with the court, but rather it was held to issue as a matter of right …

Courts - Federal Courts - Removal Of Causes - Amendment To Complaint After Removal Reducing Amount In Controversy To Less Than The Jurisdictional Amount, Robert E. Sipes

Michigan Law Review

Plaintiff began his action for breach of contract in a state court of Indiana. On defendant's timely petition the suit was removed to the United States District Court. Plaintiff then amended his pleadings by filing particulars of his claim which reduced the amount recoverable below the jurisdictional amount. On a writ of certiorari it was held that the jurisdiction of the district court was not defeated by the amendment reducing the amount claimed to below the jurisdictional amount. Saint Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 58 S. Ct. 586 (1938).

Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell

Michigan Law Review

Since the beginning of our government it has been recognized that the federal courts are courts of limited jurisdiction. At an early date it was decided that because of this the plaintiff must state in his complaint the facts upon which the jurisdiction depended. The reason given in support of this rule, which is still the unquestioned law, is that there is no presumption of jurisdiction in courts which have only limited jurisdiction, but it is presumed not to exist unless its existence be shown upon the record. When the plaintiff sustained his burden of pleading the jurisdictional facts, his …

Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell

Michigan Law Review

The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …

Federal Courts - Removal Of Causes - Action By State Tax Collector Against National Bank To Recover Taxes - Federal Question, Malcolm L. Denise

Michigan Law Review

The state of Mississippi passed a statute imposing a tax upon national banks, under authority of a federal statute permitting such legislation. The state assessed the tax upon defendant's predecessor, and defendant, in taking over its predecessor's assets, undertook to pay all of its obligations, including taxes due. The state tax collector started suit on the contract in the state court, but upon defendant's application the cause was removed to the federal district court. On appeal it was held the case did not arise under the laws of the United States within the meaning of the removal statute because it …

The Proposed United States Administrative Court, Robert M. Cooper

Michigan Law Review

The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …

Conflict Of Laws -Enforceability Of Tax Judgment In Courts Of A Sister State - Full Faith And Credit

Michigan Law Review

A court of competent jurisdiction in Wisconsin gave the plaintiff a judgment against the defendants an Illinois corporation, for truces levied by Wisconsin upon income earned in that state. A federal district court in Illinois, relying on a theory that one state should not undertake to enforce the revenue laws of a sister state, dismissed an action on the judgment instituted by the plaintiff. The plaintiff appealed. Held, principles of comity and the "full faith and credit" clause of the Federal Constitution require that the action be entertained. Milwaukee County v. M. E. White Co., 296 U.S. 268, …

The Jurisdiction Of Courts (Part 3), Bernard C. Gavit

Indiana Law Journal

No abstract provided.

The Jurisdiction Of Courts (Part 2), Bernard C. Gavit

Indiana Law Journal

No abstract provided.

The Jurisdiction Of Courts (Part 1), Bernard C. Gavit

Indiana Law Journal

No abstract provided.

Courts--Jurisdiction To Annul Local Marriage Of Non-Residents, John L. Detch

West Virginia Law Review

No abstract provided.

The Johnson Amendment To The Judicial Code, Edwin C. Goddard

Michigan Law Review

The so-called Johnson bill amending the Judicial Code was passed by Congress and signed by the President on May 14, 1934. The bill was the result of long agitation against the alleged pernicious interference by United States District Courts with rate regulations of the state utility commissions and the state courts. It was charged that the removal of cases from state to federal tribunals was burdening the District Courts and, what was far more serious, was favoring the public utilities and preventing their proper state regulation by submitting controversies to judges having life tenure and who were out of touch …

Wills And Administration - Jurisdiction Over The Probate Of Lost Or Destroyed Wills

Michigan Law Review

Under Mich. Comp. Laws (1929), sec. 15547, a will lost, suppressed or destroyed may be admitted to probate upon its being established in a prescribed manner in the probate court. And under sec. 15543 no will is effectual to pass title to property unless probated as required by law. Plaintiff coal company, apparently under the direction of its manager, King, filed a bill of interpleader for a judicial determination as to whether it should pay rent as lessee of certain property to the administrator of the estate of the deceased lessor, or to King, who claimed as devisee of the …

Admiralty-Venue Of Action Brought In State Court Under Jones Act

Michigan Law Review

The plaintiff brought suit in a county court of Pennsylvania to to recover damages for injuries sustained by her while a member of the steamship crew of the defendant. The action was based on the Merchant Marine Act of 1920 which provided: "Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located." Defendant corporation moved to dismiss the action on the ground that the court had no jurisdiction since defendant's principal office was in Baltimore. The motion was granted and the Pennsylvania Supreme Court …

Federal Practice - Appeal And Error - Dismissal Of Counterclaim Because Of Improper Venue Appealable As Interlocutory Order Denying Injunction

Michigan Law Review

To plaintiffs' suit for patent infringement defendants counterclaimed upon an unrelated patent asking for an injunction and an accounting. Plaintiffs' motion to dismiss on the ground of improper venue was sustained by the district court. Defendants appealed and plaintiffs moved to dismiss on the ground that dismissal of a counterclaim was not a refusal of an injunction and therefore not appealable under Sec. 129, Judicial Code. The circuit court of appeals allowed the appeal and this decision was affirmed by the Supreme Court. General Electric Co. et al. v. Marvel Rare Metals Co. et al., 287 U.S. 430, 53 …

Limiting Jurisdiction Of Federal Courts-Pending Billscomment By Members Of Chicago University Law Faculty

Michigan Law Review

At the time the last session of Congress adjourned four important bills affecting the jurisdiction of federal district courts were being considered. The Norris-La Guardia bill would abolish the jurisdiction of federal district courts in suits of a civil nature "between citizens of different states." The Attorney General's bill would not eliminate any of the language of the first paragraph of section 24 of the Judicial Code but would add a provision that a foreign corporation carrying on business in a state other than the one wherein it was organized shall be treated as a citizen of the state wherein …

Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States

Michigan Law Review

It has long been accepted that a court of equity, acting in personam, can enjoin one over whom it has jurisdiction from bringing an action in a foreign tribunal. A nice question is presented when an effort is made to determine on what occasions the court will exercise that power. It is frequently said that it will be exercised but sparingly, and then only where a clear equitable right is established by the petitioner. This, in spite of the strong language commonly accompanying such statements, is no more than that which the court requires for the issuance of any …

Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss

Michigan Law Review

The Judicial Code provides, in section 265, that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State," except where authorized by the Bankruptcy Act. This provision, minus the bankruptcy exception, first appeared in an act of 1793, amending the Judiciary Act of 1789. We know next to nothing of the parliamentary history of this statute. We do, however, know that the basic political issue in the framing of the Constitution was that of states' rights, the question how far the new government should be a …