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Articles 15031 - 15060 of 16331

Full-Text Articles in Courts

Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant Jan 1949

Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant

Indiana Law Journal

Recent Cases: Juries


Wiley B. Rutledge, 1894-1949, Ralph F. Fuchs Jan 1949

Wiley B. Rutledge, 1894-1949, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Judicial Control Of Administrative Action By Means Of The Extraordinary Remedies In Minnesota, John A. Bauman, Stefan A. Riesenfeld, Richard C. Maxwell Jan 1949

Judicial Control Of Administrative Action By Means Of The Extraordinary Remedies In Minnesota, John A. Bauman, Stefan A. Riesenfeld, Richard C. Maxwell

Articles by Maurer Faculty

No abstract provided.


The Roosevelt Court: A Study In Judicial Politics And Values, 1937-1947, By C. Herman Pritchett, Walter P. Armstrong Jan 1949

The Roosevelt Court: A Study In Judicial Politics And Values, 1937-1947, By C. Herman Pritchett, Walter P. Armstrong

Indiana Law Journal

No abstract provided.


Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs Jan 1949

Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


Justice Murphy: The Goals Attempted, John P. Frank Jan 1949

Justice Murphy: The Goals Attempted, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Federal Courts-Appeals-Federal Rule 54(B) And The Final Judgment Rule, W. Stirling Maxwell S.Ed. Dec 1948

Federal Courts-Appeals-Federal Rule 54(B) And The Final Judgment Rule, W. Stirling Maxwell S.Ed.

Michigan Law Review

The Judicial Code provides that "the circuit courts of appeal shall have appellate jurisdiction to review by appeal final decisions . . . in the district courts, in all cases save where a direct review may be had to the Supreme Court . . . . " But what is a final ( that is, appealable) decision? The final judgment rule, originated by the English common law courts and embodied in the Federal Judiciary Act of 1789, was stated by Justice Brandeis in Collins v. Miller to require "that the judgment to be appealable should be final not only as …


Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard Nov 1948

Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard

Washington Law Review

Last year your Subcommittee on Practice and Procedure of Justices of the Peace and Inferior Courts, following the failure of the state Legislature to provide funds for a study, accepted the responsibility of making a report this year. Contact was immediately established with the local bar associations in the state and the prosecuting attorneys of the state. Most of the counties have from one to seven justices of the peace. Lincoln, Whitman, Okanogan, Lewis, Grant, Snohonish, and Yakima have eight to seventeen. Pierce County has twenty-one and King County fifty-three. Eighteen counties reported that there were no justices of the …


Retroactive Effect Of Judicial Decisions Oct 1948

Retroactive Effect Of Judicial Decisions

Indiana Law Journal

Recent Cases: Courts


Neiman V. Military Governor Of The Occupied Area Of Jerusalem, Moshe Smoira, Shneor Zalman Cheshin, Yitzhak Olshan Sep 1948

Neiman V. Military Governor Of The Occupied Area Of Jerusalem, Moshe Smoira, Shneor Zalman Cheshin, Yitzhak Olshan

Translated Opinions

The Petitioner, while employed by the Army as a civilian employee, assaulted a soldier and committed other acts constituting criminal offences under both military and civil law. After he had ceased to be so employed, the Petitioner was charged before a military court. He sought an order restraining the military court from proceeding with the charges on the grounds that he was not at the relevant time a soldier within the meaning of the Army Code, or alternatively that he had ceased to be a soldier when charged and that a military court therefore had no jurisdiction in the matter. …


Disposing Of Federal Litigation--Extra-Judicially, Abbott M. Sellers Sep 1948

Disposing Of Federal Litigation--Extra-Judicially, Abbott M. Sellers

South Carolina Law Review

No abstract provided.


Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed. Jun 1948

Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed.

Michigan Law Review

Third-party practice as originally adopted by the Federal Rules of Civil Procedure was one of the bolder steps in the direction of integrated and complete litigation of all phases of a transaction. One of the principal problems that was forseen by the commentators and that has in fact developed in the cases is the jurisdictional limitation of the federal courts where no federal question is involved, and jurisdiction depends on diversity of citizenship or alienage. Rule 82 is explicit in stating that the Rules should be interpreted so as not to extend or limit the jurisdiction of the district courts. …


Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed. Jun 1948

Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.

Michigan Law Review

In an action on an express contrast, plaintiff sued for $1750, representing the agreed 5 per cent commission on the sale of real estate. Defendant denied the validity of the contract, and there was no issue as to the amount of liability if liability existed. The instruction to the jury was that plaintiff was entitled to 5 per cent commission if entitled to recover. The jury returned a verdict for $875, half the amount claimed. Defendant's motion for a new trial was denied. Held, although the verdict was unauthorized as to plaintiff, there was no error as to defendant …


Recent Books, Michigan Law Review Jun 1948

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.


The Judiciary In A Changing World, Fred L. Fox May 1948

The Judiciary In A Changing World, Fred L. Fox

West Virginia Law Review

No abstract provided.


Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P. May 1948

Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P.

West Virginia Law Review

No abstract provided.


Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey May 1948

Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey

Michigan Law Review

One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …


Bankruptcy-Contempt--Presumptions-Finality Of Turnover Orders In Contempt Actions And The Presumption Of Continued Possession, T. L. Tolan, Jr. S.Ed. May 1948

Bankruptcy-Contempt--Presumptions-Finality Of Turnover Orders In Contempt Actions And The Presumption Of Continued Possession, T. L. Tolan, Jr. S.Ed.

Michigan Law Review

Problems of jurisprudence and bankruptcy are raised by Maggio v. Zeitz, a recent decision of the United States Supreme Court. The facts were these: In April, I942, the Luma Camera Service was adjudged a bankrupt. Defendant was its principal officer. The bankrupt's books showed a large and unusual merchandise shortage for November and December, 1941. Despite defendant's denial, the referee and district judge were satisfied that defendant had extracted the property from the estate before bankruptcy. But there was no evidence that defendant retained the goods or their proceeds. Relying on a presumption of continued possession, the referee ordered …


Quasi-Contracts-Recission-Liability And Remedies For Innocent Misrepresentation, Bruce L. Moore S.Ed. Apr 1948

Quasi-Contracts-Recission-Liability And Remedies For Innocent Misrepresentation, Bruce L. Moore S.Ed.

Michigan Law Review

A number of courts and most writers recognize the existence of three types of misrepresentation. One type is described as intentional, a second type as negligent, and a third type as innocent. An innocent misrepresentation may be defined as one believed to be true and made without negligence, but false in fact.


Witnesses - "Dead Man's. Act" - Discretion Of Court, George A. Rinker S.Ed. Apr 1948

Witnesses - "Dead Man's. Act" - Discretion Of Court, George A. Rinker S.Ed.

Michigan Law Review

In an action against an executor to recover money alleged loaned to decedent, plaintiff introduced testimony of a third party regarding a conversation between plaintiff and decedent in which decedent said, "I owe you five hundred and twenty dollars and you will get every cent of it." Plaintiff then testified, over objection, as to the circumstances and terms of the alleged loan. The transaction was oral, and there was no other evidence relating to the circumstances or terms of the loan. From a judgment for plaintiff, defendant appealed, assigning as error the overruling of his objection to plaintiff's competency as …


Federal Courts-Motion For Judgment Under Rule 50(B)Power Of Circuit Court Of Appeals To Direct Entry Of Judgment Contrary To Verdict Directed By The Trial Court, F. L. Adamson Apr 1948

Federal Courts-Motion For Judgment Under Rule 50(B)Power Of Circuit Court Of Appeals To Direct Entry Of Judgment Contrary To Verdict Directed By The Trial Court, F. L. Adamson

Michigan Law Review

In an action for breach of warranty, defendants' motion for a directed verdict was denied and verdict was directed for plaintiff. Defendants' motion for a new trial was denied, and no motion was made for judgment in accordance with their previous motion for directed verdict. The circuit court of appeals reversed and remanded, with directions to enter judgment for defendants. On certiorari, held, reversed. Since defendants had not made timely motion for judgment under Rule 50 (b), the circuit court had no power to direct entry of judgment in their favor. Globe Liquor Co. v. San Roman, (U.S. …


Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark Mar 1948

Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark

Michigan Law Review

In a prosecution for murder, a special venire was summoned and a list thereof served on the accused. On the day of trial, he learned for the first time that the trial judge had excused twenty-six of the seventy-four veniremen summoned. The excuses out of court violated a statute requiring that all requests for excuse be heard in open court. More than the minimum number of veniremen were present, and when it appeared that the original array might be exhausted thirty additional veniremen were called. Accused's motions to quash the jury panel and for a mistrial were overruled. On appeal …


Federal Procedure-Obligation Of Federal Courts Under Erie Railroad V. Tompkins To Follow Decisions Of Lower State Courts Mar 1948

Federal Procedure-Obligation Of Federal Courts Under Erie Railroad V. Tompkins To Follow Decisions Of Lower State Courts

Washington and Lee Law Review

No abstract provided.


Negligence-Court Interference With Jury Verdicts Applying Comparative Negligence Doctrine Mar 1948

Negligence-Court Interference With Jury Verdicts Applying Comparative Negligence Doctrine

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Federal Courts-Citizenship In The District Of Columbia As A Basis For Diversity Of Citizenship Jurisdiction, Samuel N. Greenspoon Feb 1948

Constitutional Law-Federal Courts-Citizenship In The District Of Columbia As A Basis For Diversity Of Citizenship Jurisdiction, Samuel N. Greenspoon

Michigan Law Review

Plaintiff, a District of Columbia corporation, sued defendant, a Nebraska corporation, in the Municipal Court of Chicago, Illinois. Defendant removed the case to a federal district court pursuant to the provisions of an amendment to the judicial code extending the jurisdiction of the federal courts to suits and controversies between citizens of the District of Columbia and citizens of any state or territory. From an adverse judgment defendant appealed, raising for the first time in the case the question of constitutionality of the amendment conferring jurisdiction. Held, the amendment is unconstitutional. Judge Evans dissented. Central States Cooperatives, Inc. v. …


Book Review. The Roosevelt Court By C. H. Pritchett, John P. Frank Jan 1948

Book Review. The Roosevelt Court By C. H. Pritchett, John P. Frank

Articles by Maurer Faculty

No abstract provided.


The United States Supreme Court: 1947-48, John P. Frank Jan 1948

The United States Supreme Court: 1947-48, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey Jan 1948

Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank Jan 1948

Book Review. Lions Under The Throne By C. P. Curtis, Jr. And The Nine Young Men By W. Mccune, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed. Dec 1947

Injunctions-Power Of A Court To Modify A Final Permanent, Injunction, Charles B. Blackmar S.Ed.

Michigan Law Review

A court which has issued a permanent injunction may, under certain conditions, open and modify or dissolve the injunction even though the decree in the original action has become final. This power is said to be justified by the continuing operation of the injunction, which regulates future conduct as well as determining the rights of the parties as of the date of rendition of the decree. The same proposition can be restated by saying that injunctions are issued to protect existing rights, but provide no immunity against modification of those rights because of later changes in the applicable law or …