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Articles 691 - 720 of 879
Full-Text Articles in Courts
Administrative Tribunals--Judicial Notice
Administrative Tribunals--Judicial Notice
Michigan Law Review
The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …
Administative Tribunals-Judicial Review Of Legislative Functions
Administative Tribunals-Judicial Review Of Legislative Functions
Michigan Law Review
On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …
Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief
Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief
Michigan Law Review
Application was made to the circuit court of appeals for a writ of prohibition against a district judge to restrain him from compelling petitioner to allow an inspection of his ledger. Held, that although in the opinion of the court the order had been entered improperly, the circuit court of appeals had no jurisdiction to issue a writ of prohibition against enforcement of the order. Keaton v. Kennamer (C. C. A. 10th, 1930) 42 F.(2d) 814.
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.
Cases On Pleadings And Procedure, Mason Ladd
Cases On Pleadings And Procedure, Mason Ladd
Michigan Law Review
A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.
The Mixed Courts Of Egypt, Edwin D. Dickinson
The Mixed Courts Of Egypt, Edwin D. Dickinson
Michigan Law Review
A review of THE MIXED COURTS OF EGYPT By Jasper Yeates Brinton.
Venue--Waiver Of Objection In Federal Courts
Venue--Waiver Of Objection In Federal Courts
Michigan Law Review
The plaintiff, a fireman for the defendant railroad, was injured by a defective "chafing-block" while engaged in switching cars onto a siding, in order to permit an interstate train to pass. The injury took place in West Virginia, where the plaintiff was a resident. The defendant was incorporated under the laws of Maryland. Suit was brought in the federal court of the northern district of Ohio. The plaintiff based his right to recover on the Federal Employers' Liability Act, 45 U. S. C. A. sec. 51-59, and the Federal Boiler Inspection Act, 45 U. S. C. A. sec. 22 et …
The Book Of English Law
Michigan Law Review
A Review of THE BOOK OF ENGLISH LAW By Edward Jenks.
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 …
Administrative Tribunals-Operation Of Administrative Orders As Res Judicata
Administrative Tribunals-Operation Of Administrative Orders As Res Judicata
Michigan Law Review
To the layman res judicata is simply another one of those esoteric legal subterfuges by which lawyers evade the simple facts and win lawsuits for their clients. So he shrugs his shoulders at the whole silly business and confines his interest in the law to the dramatic trio: great crimes, great names, and great figures. To the lawyer, principle is dominant. Though he may quibble over its spelling, he recognizes res judicata as a sound working principle and is interested in the popular case mainly because good legal talent will be employed, capable arguments presented, and sound decisions reached.
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Michigan Law Review
Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.
Sidelights On The Permanent Court Of International Justice, Ake Hammarskjold
Sidelights On The Permanent Court Of International Justice, Ake Hammarskjold
Michigan Law Review
In bidding you welcome, in the name of the Permanent Court of International Justice, in this room where that great institution holds its public meetings and pronounces its judgments and opinions, my first word should be, I think, one of regret-regret that a more worthy representative of the Court has not been able to receive you here today. And I daresay that the President of the Court, who would have been the obvious person to welcome you, shares those regrets,-although perhaps from a different point of view. He would, in fact, have liked immensely to be able to meet you …
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Michigan Law Review
An interesting recent decision in Minnesota, Schendel v. C. M. & St. P. Ry. Co., raises two important questions concerning the effect to be given in one state of the Union to a judgment rendered in the courts of another. An action was brought in Minnesota by a special administrator, there appointed, to recover damages for the death of his decedent. The accident resulting in death had occurred in Iowa while the decedent, it was claimed, was engaged in inter-state commerce, so as to bring the claim within the federal statute. To this Minnesota action the defendant set up …
Curiosities Of The Law-Mandatory Injunctions In The Double Negative
Curiosities Of The Law-Mandatory Injunctions In The Double Negative
Michigan Law Review
The ridiculous practice of framing mandatory injunctions in the double negative seems to have originated in the famous case of Lane v. Newdigate. The bill was filed by a tenant of a water power mill against his landlord, who owned other lands upon the mill stream, to enforce covenants in the lease, praying specifically that defendant be decreed to remove certain locks which he had erected and restore certain gates and canals which he had destroyed or failed to keep in repair. The case came before Lord Eldon on a motion for a temporary injunction, which was heard ex …
The Court Of Claims, J. H. Toelle
The Court Of Claims, J. H. Toelle
Michigan Law Review
The Court of Claims was established by Act of Congress in 1855. The original Act provided that at the commencement of each session of Congress, and at the commencement of each month during the session, the Court should report the cases upon which they should have finally acted, stating in each the material facts which they found established by the evidence, with their opinion in the case, and the. reasons upon which such opinion was founded, and the opinion of any judge who should dissent from the majority. It also directed the Court to prepare a bill or bills in …
The Technique Of Judicial Appointment, Harold J. Laski
The Technique Of Judicial Appointment, Harold J. Laski
Michigan Law Review
It is difficult to overestimate the significance of the judiciary in the modern state. The work of the executive has become so vast, the powers delegated to it by the legislature are so wide, that judges are, perhaps more than at any previous time, the real safeguard of personal liberty. It is only necessary to recall cases like Coppage v. Kansas, or R. v. Halliday, to realize how nearly judicial activity goes to the very heart of freedom. That is, of course, even more the case when, as with America, the constitution of the state is written, and …
The Uniformity Of The Maritime Law, George L. Canfield
The Uniformity Of The Maritime Law, George L. Canfield
Michigan Law Review
In 1871, Richard Henry Dana commenced a masterly article on the "History of Admiralty Jurisdiction in the Supreme Court of the United States,'' by writing, "After seventy yea.rs of baffling winds and cross currents in the region of admiralty jurisdiction, the Supreme Court of the United States has sailed out into deep water." In 1924, Charles Merrill Hough concludes his delightful "Admiralty Jurisdiction-of Late Years," with the statement, "The years since 1906 have not increased the certainty of maritime law, and they have impaired the tradition of enforceable customs of the sea." And others writing in current legal periodicals have …
Libel--A Limitation On The Privilege Of Publishing Reports Of Judicial Proceedings
Libel--A Limitation On The Privilege Of Publishing Reports Of Judicial Proceedings
Michigan Law Review
Is a newspaper privileged in fairly publishing the substance of a petition for divorce or other pleading immediately after it is filed in court? In the recent case of Washington Times v. Hines, (1925) 5 F. (2d) 541, in the District of Columbia, it appeared that defendant had published a typically facetious newspaper account of the divorce grounds alleged in a petition filed against plaintiff. The court of appeals, reversing a judgment of the trial court for plaintiff, held that the report was as a matter of law not libellous, since the bill was not susceptible of any other interpretation …
Witnesses--When Interpreters May Be Used
Witnesses--When Interpreters May Be Used
Michigan Law Review
A novel situation in regard to the use of interpreters was presented in People v. Walker (Cal. App. 1924) 231 Pac. 572. The prosecution called a witness who was brought in in a crippled and weak condition. He was asked questions, but "the witness could give forth no sound, not even a whisper, by means of the organs of Speech." While the record was not clear whether there was any movement of his lips whatever, at least there was none which conveyed to any person but his wife the impression that he attempted to put forth articulate speech in response …
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Michigan Law Review
Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …
Arbitration Under The Modern Statutes
Arbitration Under The Modern Statutes
Michigan Law Review
Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …
The Judicial Review Of Executive Acts, Albert Levitt
The Judicial Review Of Executive Acts, Albert Levitt
Michigan Law Review
The relation of the judiciary to the executive branch of the Government is a perplexing one. According to the Constitution, the government of the United States is threefold in character, legislative, executive and judicial. Each of these is supposed to be independent of the others. One cannot usurp the function of any one of the others. At the same time, this is a "Government of laws and not of men." It is equally true that this is a government of laws and not of political subdivisions or of the subdivisions of governmental mechanisms. Legislators, executives and judiciary must abide by …
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Michigan Law Review
The defendants, striking employees of a railway company, were proceeded against in a federal district court for contempt in violating a preliminary injunction, and demanded a jury trial under the Clayton Act (c. 323, 38 STAT. 738, sec. 21, 22), which provides that in cases of wilful disobedience of "any lawful writ, process, order, rule, decree, or command of any District court of the United States or any court of the District of Columbia by doing any act or thing" forbidden, if such act or thing also constitutes a criminal offense under any statute of the United States or law …
Legislation And Judicial Decision, Rudolf Stammler
Legislation And Judicial Decision, Rudolf Stammler
Michigan Law Review
The discussions of the theme indicated by the title usually start from Montesquieu's theory of the three powers. This famous doctrine is developed in his work "De 1' esprit des lois" (1748) Bk. II, Ch. 6. This chapter is entitled "Of the English Constitution". It discusses however all states in general. In every state there are three sorts of powers, the legislative authority, the executive authority in matters dependent upon the law of nations, and the executive authority in everything dependent upon civil law. The last Montesquieu calls the judicial power, while the one mentioned in the second place is …
Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions
Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions
Michigan Law Review
A series of cases recently decided in Georgia brings to mind the interesting question as to whether the court is bound to give instructions upon the law of the case in the absence of a specific request therefor. See Slocumb v. State, 157 Ga. 131; Fort v. State, 121 S. E. 128; Hatfield v. State, 121 S. E. 129; Walker v. State, 121 S. E. 130; Bullard v. State, 121 S. E. 130; Coney v. State, 121 S. E. 132, and Riggs v. State (1924) 121 S. E. 142. In none of these cases …
The New Soviet Codes And Soviet Justice, Pitirim Sorokin
The New Soviet Codes And Soviet Justice, Pitirim Sorokin
Michigan Law Review
Up to 1922 it is scarcely possible to speak of any justice, law, court and trial in Soviet Russia if we want to use these terms in their usual meanings. The years 1918-21 were the years of terror. And what this term means is clear from the following statement of Latzis, one of the heads of "The Extraordinary Commission for the Suppression of Counter-Revolution and Speculation" or the "Che-ka." "We do not carry on the war against the individuals: we are exterminating the bourgeoisie as a class. Do not look in the inquest for any material and for any evidences …
Injunction Against Execution Of Criminal Judgment
Injunction Against Execution Of Criminal Judgment
Michigan Law Review
Sometime in 1921 or 1922 one Ullah Mohammed, an Afghan, unable to speak or understand English, was convicted of murder in the first degree in the Sonoma county court, of California. The evidence showed that he entered deceased's bed-room, fired a shot-gun at him, clubbed him over the head, and then cut his throat with a razor. An appeal was taken on the instructions as to self-defense and was summarily overruled. People v. Mohammed, 189 Cal. 429. Later a bill was filed in the superior court of San Francisco for an injunction to prevent Mohammed's execution. It was alleged …