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Articles 15241 - 15270 of 16309

Full-Text Articles in Courts

The Federal Trade Commission And The Courts [Part 1], Vern Countryman Jan 1942

The Federal Trade Commission And The Courts [Part 1], Vern Countryman

Washington Law Review

But a majority of Congress had a still different idea as to what was needed. In their view, the Federal Trade Commission was to have positive powers for the enforcement of new legislation designed to supplement the existing law, in addition to the powers of investigation and publicity contemplated by the President. Accordingly, the plans of the industrial leaders were rejected, as apparently was Mr. William Howard Taft's assurance that the courts were quite capable of handling the entire matter under the Sherman Act, and in 1914 Congress enacted the Federal Trade Commission Act," creating a five-man commission with power …


The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald Jan 1942

The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald

Articles

Territorial justice in Washington had its roots in the judicial system of Oregon Territory, where the need for the administration of law and order was the motivating force which initiated the formation of civil authority The administration of justice, like the civil authority, must expand as the population grows and as the territorial area becomes larger and better organized. Strong men are always needed in the administration of justice; but in the frontier settlement where law and order are often flouted with impunity, even stronger men are needed if the courts are to command the respect which is their due. …


The Syllabus Is The Law--Another Word, Thomas P. Hardman Dec 1941

The Syllabus Is The Law--Another Word, Thomas P. Hardman

West Virginia Law Review

No abstract provided.


Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer Dec 1941

Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer

Michigan Law Review

Plaintiff brought suit on some promissory notes in the federal district court in Michigan. The complaint was filed before the expiration of the six-year Michigan statute of limitations, but although the plaintiff used due diligence he was unable to get personal service on defendant until the statutory period had elapsed. Defendant pleaded the statute of limitations. Both the Michigan and the federal procedures provide that "a civil action is commenced by filing a complaint with the court." Held, that the filing of the complaint tolled the running of the statute and the plaintiff should therefore be allowed to maintain …


Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay Dec 1941

Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay

Michigan Law Review

Defendant wrote two letters to the grand jury, then in session, asking leave to appear before it to present evidence of a conspiracy, described therein in highly inflammatory language, between a newspaper, the county assessor and the state's attorney to defraud the state of many millions of revenue by the illegal omission of the newspaper's personal property from the county tax rolls. The state's attorney filed an information incorporating these letters. The trial court found that defendant was guilty of criminal contempt. On appeal, defendant contended that this conviction deprived him of his constitutional right of free speech. Held, …


Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston Nov 1941

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 …


Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland Nov 1941

Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland

Michigan Law Review

Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …


Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons Nov 1941

Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons

Michigan Law Review

In a suit on a contract brought in the United States District Court in Delaware, based on diversity of citizenship, the court allowed interest costs on the basis of the Civil Practice Act of New York where the contract was made. The Circuit Court of Appeals for the Third Circuit affirmed the ruling upon the ground that it was the best rule, without regard to the Delaware conflicts law. On certiorari, held reversed, on the ground that the doctrine of Erie Railroad v. Tompkins prohibits such an independent determination by the federal court of conflict of laws rules. Klaxon Co. …


A Solid Chief Justice, Beryl Harold Levy Oct 1941

A Solid Chief Justice, Beryl Harold Levy

Indiana Law Journal

No abstract provided.


Consideration In Formation Of Contracts, John H. Moore Jun 1941

Consideration In Formation Of Contracts, John H. Moore

Tennessee Law Review

No abstract provided.


Power Of Administrative Agencies To Compel Testimony In Tennessee, Seymour Samuels Jr. Jun 1941

Power Of Administrative Agencies To Compel Testimony In Tennessee, Seymour Samuels Jr.

Tennessee Law Review

No abstract provided.


The Constitutionality Of Bimonthly Pay Day Laws, Cyril J. Smith Jun 1941

The Constitutionality Of Bimonthly Pay Day Laws, Cyril J. Smith

Tennessee Law Review

No abstract provided.


Bar Association Section Jun 1941

Bar Association Section

Tennessee Law Review

No abstract provided.


Practice And Procedure In Eminent Domain Cases Under The Tennessee Valley Authority Act, H. James Hitching, Philander P. Claxton Jr. Jun 1941

Practice And Procedure In Eminent Domain Cases Under The Tennessee Valley Authority Act, H. James Hitching, Philander P. Claxton Jr.

Tennessee Law Review

No abstract provided.


Students Section - Notes And Recent Cases Jun 1941

Students Section - Notes And Recent Cases

Tennessee Law Review

No abstract provided.


Book Reviews Jun 1941

Book Reviews

Tennessee Law Review

No abstract provided.


The Supreme Court Of Tennessee In 1886, John W. Green Jun 1941

The Supreme Court Of Tennessee In 1886, John W. Green

Tennessee Law Review

No abstract provided.


A Remarkable Bench: Campbell, Jackson And White, Samuel C. Williams Jun 1941

A Remarkable Bench: Campbell, Jackson And White, Samuel C. Williams

Tennessee Law Review

No abstract provided.


Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review May 1941

Judgments - Declaratory Judgments - Availability To Alleged Infringers In Patent Cases, Michigan Law Review

Michigan Law Review

In addition to an injunction and an accounting, the prayer of the plaintiff requested a declaratory judgment to determine the plaintiff's rights in relation to a patent of the defendant. The petition alleged the plaintiff was importing and offering for sale a chemical called "Estradoil," and that the defendant had notified the plaintiff's customers that the chemical infringed the defendant's patent. A year prior to the action, the defendant had published a notice in a trade journal stating that a certain patent had been issued to it which covered the chemical known as "Estradoil," and that any use of the …


Parties - Right To Sue Defendant By Fictitious Name, Oliver B. Crager May 1941

Parties - Right To Sue Defendant By Fictitious Name, Oliver B. Crager

Michigan Law Review

Plaintiff brought an action of detinue to repossess an electric refrigerator against "John Doe, whose name is to the plaintiff otherwise unknown, but will be inserted by way of amendment when ascertained," in accordance with an Alabama statute allowing suits to be started against defendants by a fictitious name. Writ of seizure issued on the same date as the summons, but the sheriff did not make service. When it was found that the refrigerator was in the possession of a woman, plaintiff amended the complaint to substitute "Mary Roe, whose name is to the plaintiff otherwise unknown, etc." Service was …


Restitution - Effect Of Illegality - Right Of Person Not A Party To The Illegal Transaction To Invoke Defense Of Illegality, Alfred I. Rothman May 1941

Restitution - Effect Of Illegality - Right Of Person Not A Party To The Illegal Transaction To Invoke Defense Of Illegality, Alfred I. Rothman

Michigan Law Review

In an action for conversion of stock, plaintiff alleged that her intestate was the actual owner of the capital stock of a brewing corporation. Intestate had in fact furnished the consideration for the stock, but it was issued in the name of one Vogel as his dummy and agent. After the death of intestate, the defendant, with knowledge of plaintiff's interest, acquired the stock from Vogel by means of a pretended purchase and converted it to his own use. As a defense to the conversion action, defendant interposed a plea of illegality, alleging that the capital stock was issued to …


Damages - Injunction Bond - Attorney's Fees As Damages, Harold P. Graves, Raymond H. Rapaport May 1941

Damages - Injunction Bond - Attorney's Fees As Damages, Harold P. Graves, Raymond H. Rapaport

Michigan Law Review

Frequently, when a litigant seeks to establish rights with respect to particular property, it is possible for the opposing party so to act with respect to the property involved, while litigation is pending, as to deprive the plaintiff of the substantial benefit of his remedy should he prevail. Consequently, on prima facie showing of right, courts of equity will grant a temporary injunction to "freeze" the situation until the rights of the parties are finally determined. Since the temporary injunction is issued without a final determination of the rights of the parties, the enjoined party is deprived of dominion over …


Direction For Prior Payment Of Legacies, Thomas H. Malone Apr 1941

Direction For Prior Payment Of Legacies, Thomas H. Malone

Tennessee Law Review

No abstract provided.


Liability Of The Federal Government And Its Agents For Injuries To Real Property Resulting From River Improvements, William C. Fitts Jr., Robert H. Marquis Apr 1941

Liability Of The Federal Government And Its Agents For Injuries To Real Property Resulting From River Improvements, William C. Fitts Jr., Robert H. Marquis

Tennessee Law Review

No abstract provided.


Bar Association Section Apr 1941

Bar Association Section

Tennessee Law Review

No abstract provided.


The Federal Trade Commission, Joe L. Evins Apr 1941

The Federal Trade Commission, Joe L. Evins

Tennessee Law Review

No abstract provided.


Appeals In Tennessee In Equity Cases, R. Lee Bartels Apr 1941

Appeals In Tennessee In Equity Cases, R. Lee Bartels

Tennessee Law Review

No abstract provided.


Book Reviews Apr 1941

Book Reviews

Tennessee Law Review

No abstract provided.


Students Section Apr 1941

Students Section

Tennessee Law Review

No abstract provided.


The Supreme Court Of Tennessee In 1878, John W. Green Apr 1941

The Supreme Court Of Tennessee In 1878, John W. Green

Tennessee Law Review

No abstract provided.