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Full-Text Articles in Courts

Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review Dec 1967

Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review

Michigan Law Review

In Wilson v. American Chain & Cable Co., plaintiff, whose son was injured by a defective lawnmower, brought a diversity action in federal district court on behalf of his son against the manufacturer, alleging damages in excess of the $10,000 jurisdictional minimum. Simultaneously, plaintiff sought recovery in his own name for medical bills and the expense of orthopedic shoes resulting from the injury. Because the latter claim was for less than $10,000, it was dismissed by the district court for lack of subject matter jurisdiction. On appeal to the Third Circuit, held, inter alia, the claim of the …


The History And Role Of A Supreme Court In A Federal System, Wencelas J. Wagner Jan 1959

The History And Role Of A Supreme Court In A Federal System, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner Jan 1959

Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner Jan 1959

Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner Jan 1959

Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner Jan 1958

Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner Jan 1958

Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.


The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.


The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy Feb 1950

The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy

Vanderbilt Law Review

In the recent case of National Mutual Insurance Ca. v. Tidewater Transfer Co.,' the Act of April 20, 1940, allowing citizens of the District of Columbia and of the territories to sue and be sued in the district courts on the basis of diverse citizenship, was held constitutional insofar as it applies to citizens of the District of Columbia. The practical effect of the decision, in allowing Congress to remove a basic inequality among citizens of the United States, is perhaps commendable. However, there are broad theoretical implications in this holding, emphasized by sharp debate among the justices, which could …


Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge Jan 1949

Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey Jan 1947

Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Abstracts, Mary Jane Plumer Feb 1945

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.


Abstracts, Katherine Kempfer Jun 1943

Abstracts, Katherine Kempfer

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.


Oil And Gas In The Federal Court--Hutchinson V. Mccue, C. C. Williams Jr., Robert B. Goodwin Feb 1940

Oil And Gas In The Federal Court--Hutchinson V. Mccue, C. C. Williams Jr., Robert B. Goodwin

West Virginia Law Review

No abstract provided.


Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger Apr 1932

Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger

Michigan Law Review

On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."


The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown Jan 1929

The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.


Recent Important Decisions, Michigan Law Review Dec 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Carriers - Telegram Not Order Required by Bill of Lading - A car of oil was shipped over the defendant's line to the order of the consignor, "notify Royal Crown Soap Limited" Plaintiff purchased the cargo, and the bill of lading was indorsed to him. Upon arrival of the car at its destination, the defendant notified Royal Crown Soap Limited. Plaintiff was notified, and sent this telegram: "Am doing all possible locate documents in order stop demurrage suggest you establish bond to produce documents and unload car." The soap company advised the defendant of receipt of the telegram, and the …


Note And Comment, D Hale Brake, Edson R. Sunderland, Ralph W. Aigler, Leo W. Kuhn, Edwin C. Goddard Dec 1921

Note And Comment, D Hale Brake, Edson R. Sunderland, Ralph W. Aigler, Leo W. Kuhn, Edwin C. Goddard

Michigan Law Review

Constitutional Law - Applicability of First Ten Amendments to Unincorporated Territory - A man was killed aboard an American ship in a Virgin Island port. A police investigation was started the next day and continued for twelve days thereafter, during which twenty three witnesses were examined by the government. During most of the investigation the prisoners were present, and most of the testimony was translated into Spanish for their benefit, that being the only language they understood. No formal charge had been made against them and they were without counsel, but they were given an opportunity to "explain" after the …


Recent Important Decisions, Michigan Law Review Nov 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Adoption and Amendment - Rearrangement not a New Constitution. - A convention was authorized to propose revision, alterations, or amendments to the existing state Constitution. After proposing several amendments which were adopted at popular elections, the convention appointed a special committee to draft a rearrangement of the Constitution and amendments. The reported rearrangement contained slight changes of substance, while declaring that "Such Rearrangement shall not be deemed * * * to change the meaning or effect of any part of the Constitution * * * as theretofore existing or operative." This Rearrangement was adopted by the convention …


Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon Nov 1921

Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon

Michigan Law Review

The Domicile of a Wife - In 1908 Professor Dicey stated flatly, as a rule of the English law without exceptions, that the domicile of a married woman during coverture is the same as that of her husband, and changes with his." It is a rule which makes for hard cases and offers constant invitations for exceptions to meet the situations it creates. Must a deserted wife follow her husband to the ends of the earth to secure the domiciliary jurisdiction for divorce? May he, by shifting his own place of permanent residence, arbitrarily deprive her of capacity to make …


Recent Important Decisions, Michigan Law Review Jun 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney at Law - Disbarment - Disloyalty - Margolis was admitted to the bar in ioio and in disbarment proceedings he admitted he was an anarchist, a syndicalist, a communist, a Bolshevik, an I. W. W. and a member of the Union of Russian Workers. He had aided in the distribution through the mails of an anti-war magazine, was active in the organization of the Anti-Conscription League, and encouraged others to violate the laws of the land. He was disbarred, and although he had not been convicted under any statute, the Supreme Court of Pennsylvania affirmed the order, saying :-"He …


Recent Important Decisions, Michigan Law Review Jan 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Automobiles - Constitutionality of Statute Making Owner Liable for Injury Caused by Another's Negligent Driving The automobile of D, driven negligently by his fifteen-year-old son. injured P. In an action for damages, D offered evidence that his son took and was driving the automobile against his express orders. Held, such evidence is not admissible in view of PUBLIc AcTs or 1915, No. 302, Sec. 29, providing that if the motor vehicle is being driven at the time of the injury by an immediate member of the owner's family it shall be conclusively presumed that it was with the owner's consent …


Recent Important Decisions, Michigan Law Review Dec 1920

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals - Knowledge of Vicious Propensity - Owner not Liable for Dog Upsetting Ford - The defendant's dog had been in the habit of following and barking at automobiles, and this fact was known to the defendant. The plaintiff was riding with her husband in a Ford car, when suddenly the defendant's dog jumped in front of them. By running over the dog, the car was thrown against an embankment and the plaintiff was injured. Held, that the plaintiff was not entitled to recover, there being no evidence of a vicious propensity in the dog. Melicker v. Sedlacek (Iowa, i92o), …


Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum Jun 1919

Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum

Michigan Law Review

Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act


Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner May 1919

Note And Comment, George L. Canfield, Edson R. Sunderland, Edwin D. Dickinson, Orvid B. Tanner

Michigan Law Review

Admiralty Rule of "Care and Cure" A Limit of Liability - One of the very ancient doctrines of the general maritime law is that a sailor injured in the service of the ship is entitled to care and cure at the expense of the ship, and to his wages, but nothing more in the nature of damages for negligence of the master or others of the ship's company. In the sixth article of the Rooles d'Oleron, for example, it is said,---"But if by the master's orders and commands any of the ship's company be in the service of the ship, …


Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake Apr 1919

Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake

Michigan Law Review

Repeals by Implication - Prohibition in Michigan - At the November election of. 1916 the people of the state of Michigan ratified the following amendment to the constitution of that state: "The manufacture, sale, giving away, bartering or furnishing of any vinous, malt, brewed, fermented, spiritous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific or sacramental purposes shall be after April thirty, nineteen hundred eighteen, prohibited in the State forever. The Legislature shall by law provide regulations for the sale of such liquors for medicinal, mechanica, cheinical, scientific and sacramental purposes."


Recent Important Decisions, Michigan Law Review Mar 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Following the decision of the United States Supreme Court that the Wilson Act did not affect interstate shipments of liquor until final delivery by the carrier, Rhodes v. Iowa, 170 U. S. 412, (898), Congress passed the Webb-Kenyon Act, 37 Stat. at L. 699 (1913). Meantime, in 1913, 35 Stat. at L. 1136, Sec. 239, it was enacted that it should be a penal offense for any carier or other agent, in connection with the interstate carriage of intoxicating liquors, to collect the purchase price from the consignee, or in any manner act as agent of buyer or seller, except …


Recent Important Decisions, Michigan Law Review Jan 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments - Carriers - Conversion - Trover by Bailee (A Common Carrier) Against a Third Person - On the facts as stated by the court of last resort it is often difficult to discover why any action should ever have been thought of, and impossible to see how the judgment of the trial court should have been in favor of the preposterous claim of the plaintiff. Such seems to be the case of Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co. (Ala. I918), 79 So. 387. Plaintiff carrier by mistake delivered cotton seed to defendant company. …


Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane Dec 1918

Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane

Michigan Law Review

The Writ of Prohibition - Procedural Delay - A disheartening recrudescence of procedural red-tape is found in a recent decision of the Supreme Court of Ohio. A contest arose over the jurisdiction of the Public Service Commission to fix telephone rates in Cleveland. The Commission was engaged in a determination as to the reasonableness of a schedule of rates filed by the telephone company, when a petition was filed in the Common Pleas Court for an injunction against the charging of rates other than those fixed by a city ordinance.