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Articles 15571 - 15600 of 16296

Full-Text Articles in Courts

The Johnson Amendment To The Judicial Code, Edwin C. Goddard Jun 1934

The Johnson Amendment To The Judicial Code, Edwin C. Goddard

Michigan Law Review

The so-called Johnson bill amending the Judicial Code was passed by Congress and signed by the President on May 14, 1934. The bill was the result of long agitation against the alleged pernicious interference by United States District Courts with rate regulations of the state utility commissions and the state courts. It was charged that the removal of cases from state to federal tribunals was burdening the District Courts and, what was far more serious, was favoring the public utilities and preventing their proper state regulation by submitting controversies to judges having life tenure and who were out of touch …


Administrative Tribunals-Notice And Hearing Jun 1934

Administrative Tribunals-Notice And Hearing

Michigan Law Review

The State Highway Commissioner proceeded against the defendant railroad under a Virginia statute empowering him to order the removal of any railroad grade crossing and the substitution of an elevated road when in his opinion public safety and convenience demanded it. No notice and hearing was given or required, and the only judicial recourse was an action in equity in the event of "arbitrary" action. Held, by a six-three decision, that although it is assumed that a state legislature might order the same action, it by no means follows that an administrative officer may be empowered to act with …


Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions Jun 1934

Bankruptcy-Debtor Proceedings-Power Of Court To Enjoin State Court Actions

Michigan Law Review

A debtor proceeding was initiated in a Florida federal court and an ancillary proceeding was begun in a New York federal court. The latter court enjoined petitioner, who had obtained a tort judgment against the debtor in a New York state court, which judgment had been affirmed by the Appellate Division, from arguing the case as appellee in the New York Court of Appeals and from continuing to prosecute an action commenced by him (petitioner) against the sureties on an appeal bond filed by the debtor pending the appeal to the Appellate Division. Shares of stock had been pledged by …


Equity - Admissibility Of Evidence Arising Pendente Lite May 1934

Equity - Admissibility Of Evidence Arising Pendente Lite

Michigan Law Review

In equitable actions "the right to judgment is not limited to the facts as they existed at the commencement of the action, but the relief administered is such as the nature of the case, and the facts as they exist at the close of the litigation, demand." While this quotation may express the general rule regarding the admissibility of evidence arising pendente lite, the difficulties in its application are numerous.


Evidence - Admissibility Of Blood-Group Test May 1934

Evidence - Admissibility Of Blood-Group Test

Michigan Law Review

The old axiom, "blood will tell," has been given a new lease on life by the work of biochemists and hereditists in the last thirty years. At the beginning of the twentieth century a scientist, Karl Landsteiner, working on the means to make blood transfusions safe, discovered that the New Testament saying, the Almighty "hath made of one blood all nations of men," is not true. He found that human blood is divided into four groups, characterized by the possession or non-possession of certain substances in the serum and the corpuscles of the blood. If one puts a little blood …


Stare Decisis -The Retroactive Effect Of An Overruling Decision May 1934

Stare Decisis -The Retroactive Effect Of An Overruling Decision

Michigan Law Review

In 1923 the Supreme Court of Michigan ruled, in Kavanaugh v. Rabior, that property lying between the meander line and the waterline of the Great Lakes belonged to the State. The defendant, after this decision and upon the advice of the State Conservation Department, refused to pay rent to the plaintiff, the littoral proprietor. In 1930 the court, overruling the Kavanaugh case, held, in Hilt v. Weber, that such property belonged to the littoral proprietor. On the basis of this decision the plaintiff brought suit for use and occupation. Held, in the principal case, that the overruling …


The Legal Education Wilderness, Will Shafroth Apr 1934

The Legal Education Wilderness, Will Shafroth

Tennessee Law Review

No abstract provided.


Mortgagee Beneficiaries In The Federal Courts, Elvin E. Overton Apr 1934

Mortgagee Beneficiaries In The Federal Courts, Elvin E. Overton

Tennessee Law Review

No abstract provided.


Student Case Notes Apr 1934

Student Case Notes

Tennessee Law Review

No abstract provided.


Book Reviews Apr 1934

Book Reviews

Tennessee Law Review

No abstract provided.


A Challenge To The Lawyers Of The State, Earl King Apr 1934

A Challenge To The Lawyers Of The State, Earl King

Tennessee Law Review

No abstract provided.


Chief Justice John Marshall, William T. Frierson Apr 1934

Chief Justice John Marshall, William T. Frierson

Tennessee Law Review

No abstract provided.


Tax Limitations Of Counties And Municipalities, M. P. O'Connor Apr 1934

Tax Limitations Of Counties And Municipalities, M. P. O'Connor

Tennessee Law Review

No abstract provided.


Bar Association Section Apr 1934

Bar Association Section

Tennessee Law Review

No abstract provided.


The Theory Of The Case, Bernard C. Gavit Apr 1934

The Theory Of The Case, Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Procedural Simplification, Arthur Crownover Jr. Feb 1934

Procedural Simplification, Arthur Crownover Jr.

Tennessee Law Review

No abstract provided.


The Constitution Of The United States, Robert M. Jones Feb 1934

The Constitution Of The United States, Robert M. Jones

Tennessee Law Review

No abstract provided.


Tax Delinquency In Tennessee - Legislative Aspects, Charles P. White Feb 1934

Tax Delinquency In Tennessee - Legislative Aspects, Charles P. White

Tennessee Law Review

No abstract provided.


Bar Association Section Feb 1934

Bar Association Section

Tennessee Law Review

No abstract provided.


Student Case Notes Feb 1934

Student Case Notes

Tennessee Law Review

No abstract provided.


Book Reviews Feb 1934

Book Reviews

Tennessee Law Review

No abstract provided.


Verdict--Juror's Assent--What Constitutes, Paul D. Farr Feb 1934

Verdict--Juror's Assent--What Constitutes, Paul D. Farr

West Virginia Law Review

No abstract provided.


Practice And Procedure - Power Of The Court To Increase Inadequate Verdict Feb 1934

Practice And Procedure - Power Of The Court To Increase Inadequate Verdict

Michigan Law Review

With the development of the remittitur in the case of excessive verdicts, one would naturally expect the development of an analogous device for cases wherein the verdicts are inadequate. When the plaintiff moves for a new trial because of an inadequate verdict, a denial of the motion on the condition that the defendant agree to a certain increase in the verdict is perfectly analogous to the remittitur in form. But this device has not received the same wide acceptance as its counterpart. In cases in which the plaintiff has appealed this device has been condemned, while it has been approved …


Volume 12 (1933-1934) Jan 1934

Volume 12 (1933-1934)

Tennessee Law Review

No abstract provided.


Federal Practice -Appeal And Error - Review Of Denial Of Motion For New Trial Jan 1934

Federal Practice -Appeal And Error - Review Of Denial Of Motion For New Trial

Michigan Law Review

The federal appellate courts have, in a great many decisions, refused to review the denial of a motion for a new trial made in a lower federal court. The very recent case of Fairmount Glass Works v. Cub Fork Coal Co. once again presents the problem, and Justice Brandeis, writing the majority opinion, follows the prior holdings. In this very excellent opinion the learned Justice presents the reasons for the result generally reached, and enumerates some of the exceptions in a manner which should tend to clarify much of the doubt which has existed in this field of appellate jurisdiction.


New Rules Of The Supreme Court, Bernard C. Gavit Jan 1934

New Rules Of The Supreme Court, Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Pleading-Appeal And Error Reversal Because Of Erroneous Overruling Of Demurrer Jan 1934

Pleading-Appeal And Error Reversal Because Of Erroneous Overruling Of Demurrer

Indiana Law Journal

No abstract provided.


Prosecution Appeals In West Virginia, Frank Edward Horack Jr. Jan 1934

Prosecution Appeals In West Virginia, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


The Dartmouth College Case -- Then And Now, Hugh Evander Willis Jan 1934

The Dartmouth College Case -- Then And Now, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Book Review. United States Supreme Court Service, Ralph F. Fuchs Jan 1934

Book Review. United States Supreme Court Service, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.