Courts Commons^™

Federal Procedure-Mandamus-Review Of Federal District Court Order Of Severance And Transfer Pursuant To 28 U.S.C. §1406 (A), Judson M. Werbelow S.Ed.

Michigan Law Review

Petitioner instituted a treble damage suit alleging violation of the antitrust laws in the Federal District Court for the Southern District of Florida, naming the insurance commissioner of Georgia, the insurance commissioner of Florida, and four insurance companies residing and doing business in the Southern District of Florida as defendants. The Georgia insurance commissioner, who was personally served in the Northern District of Florida, entered a special appearance to dismiss the action for improper venue. Petitioner contended that the Georgia commissioner was "found or has an agent" in the Southern District of Florida on the theory that co-conspirators are each …

Jury Trial In Chancery Court In Tennessee, Frank C. Ingraham

Vanderbilt Law Review

Tennessee has since 1827 maintained, in some degree, a separate court of equity, presided over by a chancellor. Though most states have abolished the procedural distinction between cases in law and suits in equity, Tennessee still retains this dichotomy in its court system. Prior to 1827 law and equity were dispensed in Tennessee by a single court of general jurisdiction, the Superior Court of Law. This practice grew out of the North Carolina Act of 1782 and the continuation of that Act by the First Territorial Legislature in 1794, both of which gave equity jurisdiction to the Superior Court of …

Courts—Misconduct Of Counsel In Divorce Action Constituted Reversable Error, Morton Mendelsohn

Buffalo Law Review

Weil v. Weil, 283 App. Div. 33, 125 N. Y. S. 2d. 368 (1st Dep't 1953).

Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.

Michigan Law Review

On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a "presentment" made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury's progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey …

Skornik V. Skornik, Yitzhak Olshan, Shimon Agranat, Alfred Witkon

Translated Opinions

The parties were married in Poland on April 2, 1948, according to civil law, without a religious ceremony. They were at that time Polish citizens who were domiciled in Poland, and they remained domiciled in that country after their marriage. They immigrated to Israel in 1950 and thereupon became stateless. Thereafter the husband instituted action against the wife in a District Court for the return of effects or payment of their value, and the wife counterclaimed for maintenance. It was held in the District Court that, in accordance with the principles of international law, the law to be applied in …

Federal Procedure - Appellate Practice - Duty Of The Court Of Appeals To Grant Rehearings En Banc, Raymond R. Trombadore S.Ed.

Michigan Law Review

In a suit for accounting, petitioners were denied relief in the district court and a division of the Court of Appeals for the Ninth Circuit affirmed by a two-to-one vote. Petitioners then applied for a rehearing before the court of appeals en bane. With one dissent, the rehearing was denied by the division, and the request that the rehearing be en bane was stricken as "being without authority in law or in the rules or practice of the court.'' Petitioners moved to vacate the order denying the request for a rehearing en bane on the ground that such a request …

Cohen And Bousslik V. Attorney General, Moshe Silberg, Yoel Sussman, Shneor Zalman Cheshin

Translated Opinions

The appellants, Aharon Cohen and Bella Bousslik, went through a form of marriage ceremony in the office of their advocate. They had previously requested the Rabbinate to marry them but since the petitioner, Cohen, was regarded as of Priestly stock, and Bella Bousslik was a divorcee, the Rabbinate refused to solemnize their marriage because of the Biblical injunction forbidding the marriage of a "Priest" (kohen) and a divorced woman.

The office of the Registration of Inhabitants refused to register Cohen as a married man, and the appellants then sought a declaration in the District Court that they were …

Vinson In Congress, William W. Oliver

Articles by Maurer Faculty

No abstract provided.

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.

Labor Law - Removal Jurisdiction Of Federal Courts - Action To Enjoin Secondary Boycott, George B. Berridge S.Ed.

Michigan Law Review

Plaintiff, a Michigan trucking company subject to the LMRA, brought suit in a Michigan court against defendant, a local of the Teamsters Union, for an injunction and $50,000 damages. Plaintiff alleged that defendant's conduct in attempting to coerce plaintiff's employees to become members of the Teamsters Union was an illegal combination and conspiracy under Michigan law and a violation of the Michigan antitrust laws. Defendant removed the case to a federal district court on the theory that certain specific acts alleged by plaintiff would constitute an unlawful secondary boycott under the LMRA and that plaintiff had therefore stated a cause …

Statutory Interpretation, Henry N. Williams

Vanderbilt Law Review

The Supreme Court of Tennessee reconsidered several problems in the field of Statutory Interpretation during the Survey period, but its decisions largely followed principles already established in Tennessee and other jurisdictions.

Constitutional Requirements

Certain problems in the field of legislation arise in Tennessee by reason of state constitutional provisions. The Court is committed to the position of interpreting these provisions more or less irrespective of the construction of comparable provisions in other state constitutions.'

The Constitution of the State of Tennessee provides: "No bill shall become a law, which embraces more than one subject; that subject to be expressed in …

Constitutional Law-Appellate Jurisdiction Over State Court Decisions-When Is A State Court Decision "Final", Marcus A. Rowden S.Ed.

Michigan Law Review

Plaintiff brought suit to enjoin peaceful picketing of an apartment project by defendant labor organizations. The Circuit Court, Montgomery County, Alabama granted temporary injunction ex parte. Defendants appealed to the Alabama Supreme Court which affirmed the trial court's order denying a motion to dissolve the injunction. Certiorari was sought and granted by the United States Supreme Court. Held, certiorari had been improvidently granted since the Alabama Supreme Court's determination had not constituted a final judgment or decree. Montgomery Bldg. and Constr. Trades Council v. Ledbetter Erection Co.,. 344 U.S. 178, 73 S.Ct. 196 (1952).

Constitutional Law-Due Process-Use Of Television At Congressional Hearings, S. I. Shuman

Michigan Law Review

Defendant, not claiming constitutional protection against self-incrimination, refused to testify before a Senate committee on grounds that his "constitutional rights" would be violated if compelled to give testimony while being televised, photographed, etc. Cited for willfully and without justification refusing to testify on matters pertinent to the purpose of the inquiry, defendant was tried for contempt of Congress. Held, not guilty; defendant's refusal was justified. The court, after stating that there were no precedents, and that no constitutional issue was involved, seemed to rest its decision on the fact that the atmosphere of the forum did not lend itself …

Federal Procedure - Judgments - Motion For Judgment Notwithstanding The Verdict Required Before Appellate Court Can Enter Judgment, Joseph M. Kortenhof, S.Ed.

Michigan Law Review

Petitioner brought suit against respondent railroad under the Jones Act for the wrongful death of her husband. At the completion of all the evidence, the railroad moved to dismiss the complaint and further asked for a directed verdict. The trial court submitted the case to the jury reserving its decision on the motion. A verdict was returned for the petitioner. Within ten days of the verdict, the railroad moved to have the verdict set aside on the ground that it was excessive, contrary to the law, to the evidence, and to the weight of the evidence. Two months later the …

The Law Of The Case Doctrine, William S. Stinnette

Washington Law Review

A rule of law which requires a court to perpetuate its previous errors appears to be one which would bear examination. Such a rule is the doctrine of the law of the case. The doctrine is very similar in purpose to that of res judicata. Both are doctrines of repose, expressions of a policy of the law that the litigation of a controversy should terminate when the parties have had their day in court. Very generally, the doctrine of res judicata is designed to.prevent further litigation of a cause of action which has terminated and merged into a final judgement. …

Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Oral Argument Of Appeals, H. Graham Morison

Washington and Lee Law Review

No abstract provided.

The King County Family Court, Alice O'Leary Ralls

Washington Law Review

The 1949 Washington Legislature made it mandatory for every County in the State of Washington to set up a Family Court of Conciliation as a branch of the Superior Court. RCW 26.12.010 et seq [Rem. Supp. 1949 § 997-30 et seq]. Pursuant to that mandate such a court has been in operation in King County since February, 1950. By decision of the Superior Court Judges, the Juvenile and Family Court Departments have been combined into a single administrative unit under the supervision of Judge William G. Long.

Labor Law-Class Action By Labor Union Members To Enforce Collective Bargaining Agreement-Jurisdiction Of State Courts, John Houck S.Ed.

Michigan Law Review

Plaintiff was an employee of defendant corporation, and an officer of the union accredited as bargaining agent. He brought an equity suit in the Ohio courts for specific enforcement of a collective bargaining agreement and to collect back wages, on behalf of himself and other union members similarly situated. The basis of the suit was section 11257 of the Ohio General Code, providing for class actions. The lower court dismissed the petition on the grounds of no jurisdiction under that section. On appeal, held, reversed. Although the defendant corporation's activities in interstate commerce subject it to federal labor legislation, …

One Limitation On The Use Of The Writ Of Habeas Corpus, Jack J. Lobdell

Washington Law Review

The Supreme Court of Washington has described the writ of habeas corpus as being the appropriate remedy for a person who has been illegally deprived of his liberty. This description was made by way of preface to a holding that emphatically denied use of the writ by one who claimed such illegal deprivation. The reason for the denial was found by the court to lie in a settled rule at common law, which has been preserved by statute, which is generally as follows: the writ will not lie where the petitioner is held on a final judgment of a court …

Volume 22 (1951-1953)

Tennessee Law Review

No abstract provided.

Federal Venue And The Corporate Plaintiff: Judicial Code Section 1391 (C)

Indiana Law Journal

No abstract provided.

Book Review, Carl G. Weygandt

Cleveland State Law Review

Reviewing Hon. Arthur Vanderbilt, Cases and Other Materials on Modern Procedure and Judicial Administration

Summary Judgment: The Texas Experience, John T. Bauman

Articles by Maurer Faculty

No abstract provided.

Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton

Michigan Law Review

The first fifteen years of Michigan's existence as a state were marked by much experimentation and change in state government. In this short period two state constitutions, a basic constitutional amendment, two general revisions of the statutes, and numerous fundamental laws were enacted and put into effect. Both the legislative and executive branches underwent extensive renovation in these years, but it was the state court system in particular that was subjected to constant pressure for alteration and which was most radically modified, both in structure and procedure.

Federal Procedure-Jurisdiction-No Appeal Allowed Under Rule 54(B) When Separated Claim Not Final, Wilber M. Brucker, Jr. S.Ed.

Michigan Law Review

Flegenheimer sued Manitoba Sugar Co., a Canadian Corporation, in a Vermont state court for breach of an employment contract to gain jurisdiction, Flegenheimer attached parcels of beet pulp which he claimed were the property of the Manitoba Co. After this action was removed to the federal district court, General Mills, Inc., was granted leave to intervene to establish ownership of the beet pulp. The claim of General Mills was dismissed after being heard on the merits. The order dismissing the claim contained a determination that "no just reason for delay" existed, and it therefore directed an "entry of judgment" under …

The Powers Of The New York Court Of Appeals. By Henry Cohen & Arthur Karger., Adelbert Fleischmann

Buffalo Law Review

No abstract provided.

Courts—Quotient Verdict Rules Held Inapplicable To Trial Judge, John J. Callahan

Buffalo Law Review

Beasley v. Beasley, 256 Ala. 647, 57 So. 2d 69 (1952).

Courts—Summary Punishment Of Criminal Contempt, Janet C. Mcfarland

Buffalo Law Review

Sacher v. United States, 343 U. S. 1 (1952).

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Agency--Liability of Master for Servant's Acts--State Permit to Operate

Agency--Possession as Indicia of Ownership

Constitutional Law--Aliens--Detention Where Deportations is Impossible

Courts--Contempt--Delay in Summary Punishment

Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement

Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart

Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price

Income Taxation--Taxable Income--Claim of Right

Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report

Procedure--Statute of Limitations--Retroactive Operation

Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment

Wills--Contest--Interest of Legatee's Representative