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Articles 1951 - 1980 of 2042
Full-Text Articles in Courts
States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.
States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.
Michigan Law Review
Although deriving its force and effect from the medieval period, the doctrine of sovereign immunity retains much of its original influence. Historically, the doctrine is based upon the rule that no suit may be brought against the King without his consent. This concept found its way into international law, and from this source was derived the freedom from suit that our individual states enjoy in their own courts. With the development of the federal union, new problems arose and many were resolved by the adoption of the Eleventh Amendment, which forbids suit against a state in a federal court by …
Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume
Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume
Michigan Legal Studies Series
In July 1836 final jurisdiction of non-federal litigation passed from the Michigan Territorial Supreme Court to the Supreme Court of the State of Michigan. Then, substantially as now, the Constitution provided: "The judicial power shall be vested in one supreme court, and such other courts as the legislature may from time to time establish." Mich. Const. 1835, Art. VI, §1. Those who are interested in the judicial history of Michigan prior to 1836 are fortunate in having access to much of such history contained in the six volumes entitled "Transactions of the Supreme Court of Michigan," edited by Professor William …
The Venue Of Probate And Administration Proceedings, Paul E. Basye
The Venue Of Probate And Administration Proceedings, Paul E. Basye
Michigan Law Review
With the division of each state into counties or districts and the creation in each such subdivision of some court for the probate of wills and the administration of estates, it became necessary to designate which of such courts should undertake these functions in a particular estate. It is not the purpose of this study to consider problems arising out of conflicts of jurisdiction as between states insofar as independent determinations of domicile of a decedent may be made. That a decedent died a resident of the state undertaking an administration upon his estate will be assumed; or, if he …
Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton
Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton
Michigan Law Review
It is a commonly known fact that, although Michigan was admitted to the Union in 1837 (many of her citizens had claimed statehood for more than a year prior to her formal admission), few opinions of the state supreme court written before 1843 have ever been published. Why a period of almost ten years should have elapsed before the first volume of state reports was issued in 1846 ( with the exception of two volumes of chancery reports), or why the early reporters seem, from a casual examination, to have neglected decisions of the court before 1843, or what happened …
State Court Of Claims, Walter M. Elswick
State Court Of Claims, Walter M. Elswick
West Virginia Law Review
No abstract provided.
Pensions For Members Of The Court Of Appeals, John H. Clarke Jr.
Pensions For Members Of The Court Of Appeals, John H. Clarke Jr.
Kentucky Law Journal
No abstract provided.
Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston
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 …
Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons
Federal Courts - Decisions Of State Intermediate Courts As State Law To Be Applied By Federal Courts, Spencer E. Irons
Michigan Law Review
The Circuit Court of Appeals for the Sixth Circuit held that a federal district court in Ohio was not bound by a decision of the Cuyahoga County Court of Appeals to the effect that in a case of wrongful transfer of shares of stock, a demand and refusal was necessary to start the statute of limitations running. On certiorari, held, that, in ascertaining what the state law is, lower state court decisions are data which are not to be disregarded by a federal court, unless it is convinced by other persuasive data that the highest court of the state …
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
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 …
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
Evidence - Admissibility Of Hospital Records As Business Entries, John S. Pennell
Michigan Law Review
Following the report of the Commonwealth Fund Committee, in which they advocated the adoption of a model act to govern the admission of business entries as evidence, a comparatively small number of states have enacted legislation of this kind, either the model act or an act of similar nature. The extent of this comment is to show: (1) in what states hospital records have been held not to be admissible as business entries, the states where there has been no decision on the subject, and the states where the status of the rule is in doubt; (2) the states where …
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 …
Injunctions - Courts - Labor Law - Power Of A State Court To Enjoin National Labor Relations Board Officials, Amos J. Coffman
Injunctions - Courts - Labor Law - Power Of A State Court To Enjoin National Labor Relations Board Officials, Amos J. Coffman
Michigan Law Review
The Circuit Court of Washtenaw County, Michigan, recently issued an injunction enjoining the regional officials of the National Labor Relations Board from holding a scheduled hearing in Ann Arbor, Michigan. The injunction was issued on the theory that if any unfair labor practices were being practiced by the Ann Arbor Press (a local job printer charged with violating the act) they did not affect interstate commerce and hence were not within the jurisdiction of the board. The injunction was at least temporarily effective. The hearing was not held in Ann Arbor. The regional office of the board in Detroit withdrew …
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
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 …
Courts Rule - Making Power, Peter S. Boter
Courts Rule - Making Power, Peter S. Boter
Michigan Law Review
A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to …
Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review
Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review
Michigan Law Review
In a criminal case the judge of a Pennsylvania trial court was erroneously informed that the committing magistrate had discharged the accused's accomplices. The judge thereupon charged the magistrate with "fixing," but after investigation merely censured the latter for (1) failing to require bail in certain cases, and (2) remanding one defendant to a trial court without jurisdiction. The judge expressly said that he had no reason to believe the magistrate had acted from any corrupt motive. He nevertheless told a grand jury that a magistrate's violation of law had come to his attention and ordered the jury to investigate …
Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions
Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions
Michigan Law Review
A debtor proceeding was initiated in a Florida federal court and an ancillary proceeding was begun in a New York federal court. The latter court enjoined petitioner, who had obtained a tort judgment against the debtor in a New York state court, which judgment had been affirmed by the Appellate Division, from arguing the case as appellee in the New York Court of Appeals and from continuing to prosecute an action commenced by him (petitioner) against the sureties on an appeal bond filed by the debtor pending the appeal to the Appellate Division. Shares of stock had been pledged by …
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Stare Decisis -The Retroactive Effect Of An Overruling Decision
Michigan Law Review
In 1923 the Supreme Court of Michigan ruled, in Kavanaugh v. Rabior, that property lying between the meander line and the waterline of the Great Lakes belonged to the State. The defendant, after this decision and upon the advice of the State Conservation Department, refused to pay rent to the plaintiff, the littoral proprietor. In 1930 the court, overruling the Kavanaugh case, held, in Hilt v. Weber, that such property belonged to the littoral proprietor. On the basis of this decision the plaintiff brought suit for use and occupation. Held, in the principal case, that the overruling …
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Michigan Law Review
Alert Minnesota lawyers undertake to enlighten aggrieved persons in neighboring States in regard to the procedural advantages to be obtained in Minnesota. As a result of their efforts, a deluge of personal-injury litigation continues to flood the Minnesota courts. These tribunals are crowded with cases between non-residents on causes of action accruing abroad; Minnesota citizens are delayed in the trial of their own suits, and Minnesota citizens pay the bill for the added litigation. In addition, the non-resident defendant, required to appear in Minnesota, is deprived of evidence and is frequently put to useless expenditure; yet the Minnesota court, with …
Equity-Intervention
Michigan Law Review
A Kansas statute forbids the operation of theatres on Sunday. Appellee obtained an interlocutory injunction restraining "the Attorney General of the State of Kansas, and his subordinates . . . and every other person acting or attempting to act for said defendants" from enforcing the statute. Following this temporary injunction the appellee continued to operate his theatres on Sunday, and when the municipal authorities of Winfield and Eldorado threatened to enforce municipal ordinances prohibiting Sunday shows, the appellee served them with copies of the preliminary order against the attorney general, and warned them that contempt proceedings would be instituted if …
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
Michigan Law Review
The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
The New Michigan Court Rules, Edson R. Sunderland
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.
The Illinois Appellate Courts-Are They Satisfactory?
The Illinois Appellate Courts-Are They Satisfactory?
Michigan Law Review
The instantaneous answer of "Yes" to this question was given by every Illinois attorney the writer asked while gathering material for this article, and undoubtedly that would be the answer of an overwhelming percentage of the Illinois Bar. In the Constitutional Convention of 1920 in Illinois, not one of the fifty odd lawyer members ever questioned their expediency in all the debates on the judiciary article. And much can, of course, be said in their favor. They relieve the supreme court of a great burden of work. They are closer at hand than the supreme court to most of the …
State Law And The Federal Courts, Raymond T. Johnson
State Law And The Federal Courts, Raymond T. Johnson
Kentucky Law Journal
No abstract provided.
Recent Case Notes (And Indiana Docket)