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Articles 15601 - 15630 of 16296
Full-Text Articles in Courts
Federal Practice - Appeal And Error - Necessity For Findings Of Fact And Conclusions Of Law In Interlocutory Proceedings
Michigan Law Review
The Public Service Commission of Wisconsin issued a temporary order reducing telephone rates, setting forth its reasons and the facts in an elaborate opinion. A temporary restraining order was issued by a federal district court, which was followed by an application for an interlocutory injunction. A hearing on this application was held before three judges who granted an injunction on the same day upon the giving of a bond. Meanwhile the temporary restraining order continued in force. No opinion was rendered other than a general statement in the decree that the Commission's order "would result in the confiscation of the …
Federal Practice - Appeal And Error - Single Appeal From State Court Involving Consolidated Suits
Federal Practice - Appeal And Error - Single Appeal From State Court Involving Consolidated Suits
Michigan Law Review
Three national banks brought separate suits in a state court against the same defendants to annul a tax assessment, claiming that the act authorizing such assessment violated a federal statute. The suits were consolidated for the trial of this main issue but a separate judgment was rendered in favor of each bank. The defendants took three separate appeals to the state supreme court, but only one transcript was sent up and the appeals were docketed and argued as one case. In a single opinion the court annulled the judgments appealed from. The plaintiffs took a single appeal to the Supreme …
Constitutional Law--- Status Of Courts Of District Of Columbia
Constitutional Law--- Status Of Courts Of District Of Columbia
Michigan Law Review
Plaintiffs, justices of District of Columbia courts, protested the application by the Comptroller-General of an Act of Congress reducing their salaries, alleging that they felt it their duty to have the status of these courts defined. The majority of the Court, answering questions certified by the Court of Claims; held that section l of Article III of the federal constitution applied to the Supreme Court of the District of Columbia and to the Court of Appeals of the District of Columbia, and forbade a reduction of the compensation of the justices thereof during their continuance in office, on the theory …
A Unified And Self-Governing Bar, Edson E. Sunderland
A Unified And Self-Governing Bar, Edson E. Sunderland
Tennessee Law Review
No abstract provided.
Forms Of Actions In Tennessee, Joseph Higgins
Forms Of Actions In Tennessee, Joseph Higgins
Tennessee Law Review
No abstract provided.
The Benefit Theory Of Taxation, D. T. Krauss
The Benefit Theory Of Taxation, D. T. Krauss
Tennessee Law Review
No abstract provided.
Federal Regulation Of Hours Of Labor In Industry, Clarence A. Miller
Federal Regulation Of Hours Of Labor In Industry, Clarence A. Miller
Tennessee Law Review
No abstract provided.
Contributors Of Articles In This Issue
Declaration Of Rights Without Consequential Relief, William H. Wicker
Declaration Of Rights Without Consequential Relief, William H. Wicker
Tennessee Law Review
No abstract provided.
The Menace Of Jarndyce And Jarndyce, J. H. Brennan
The Menace Of Jarndyce And Jarndyce, J. H. Brennan
West Virginia Law Review
No abstract provided.
Admiralty-Venue Of Action Brought In State Court Under Jones Act
Admiralty-Venue Of Action Brought In State Court Under Jones Act
Michigan Law Review
The plaintiff brought suit in a county court of Pennsylvania to to recover damages for injuries sustained by her while a member of the steamship crew of the defendant. The action was based on the Merchant Marine Act of 1920 which provided: "Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located." Defendant corporation moved to dismiss the action on the ground that the court had no jurisdiction since defendant's principal office was in Baltimore. The motion was granted and the Pennsylvania Supreme Court …
Federal Practice - Appeal And Error - Dismissal Of Counterclaim Because Of Improper Venue Appealable As Interlocutory Order Denying Injunction
Michigan Law Review
To plaintiffs' suit for patent infringement defendants counterclaimed upon an unrelated patent asking for an injunction and an accounting. Plaintiffs' motion to dismiss on the ground of improper venue was sustained by the district court. Defendants appealed and plaintiffs moved to dismiss on the ground that dismissal of a counterclaim was not a refusal of an injunction and therefore not appealable under Sec. 129, Judicial Code. The circuit court of appeals allowed the appeal and this decision was affirmed by the Supreme Court. General Electric Co. et al. v. Marvel Rare Metals Co. et al., 287 U.S. 430, 53 …
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Michigan Law Review
At the suit of X Traction Company defendants had been enjoined from operating busses along streets upon which plaintiff operated its cars. The latter .filed an information in the name of the State charging the defendants with wilful violation of the restraining order, and moved for an attachment for contempt, and for the infliction of "such penalties as are or may be necessary to compel observance." Defendants filed motions to discharge, and also answers for the purpose of purging themselves of the alleged contempt. Upon trial, at which evidence was received, the court found defendants guilty, and levied fines. Defendants …
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Indiana Law Journal
No abstract provided.
Wills And Administration - Jurisdiction Over The Probate Of Lost Or Destroyed Wills
Wills And Administration - Jurisdiction Over The Probate Of Lost Or Destroyed Wills
Michigan Law Review
Under Mich. Comp. Laws (1929), sec. 15547, a will lost, suppressed or destroyed may be admitted to probate upon its being established in a prescribed manner in the probate court. And under sec. 15543 no will is effectual to pass title to property unless probated as required by law. Plaintiff coal company, apparently under the direction of its manager, King, filed a bill of interpleader for a judicial determination as to whether it should pay rent as lessee of certain property to the administrator of the estate of the deceased lessor, or to King, who claimed as devisee of the …
Criminal Law And Procedure - Indictments - Resubmission To Grand Jury
Criminal Law And Procedure - Indictments - Resubmission To Grand Jury
Michigan Law Review
The defendant was charged with criminal homicide but the grand jury refused to find a true bill. Two more bills were sent to the grand jury, identical in terms with the first. The third was returned a true bill. Defendant claimed error in overruling his motion to quash the indictment. Held, the motion to quash the indictment should have been granted as the subsequent bills were improper. State v. Ledford, (N. C. 1932) 166 S. E. 917.
Criminal Law And Procedure-Instructions To Jury
Criminal Law And Procedure-Instructions To Jury
Michigan Law Review
Defendant was indicted for unlawful possession of liquor. He offered no substantial defense, and the trial judge, in charging the jury, said that while they were sole judges of the facts, "that on the undisputed evidence this man is guilty, and it is your duty to convict him." On appeal, the circuit court held that the charge, while drastic, was not error, as there were no controverted facts, and hence nothing for the jury to do but convict. United States v. Notto, (C. C. A. 2d, 1932) 61 F. (2d) 781.
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Michigan Law Review
Alert Minnesota lawyers undertake to enlighten aggrieved persons in neighboring States in regard to the procedural advantages to be obtained in Minnesota. As a result of their efforts, a deluge of personal-injury litigation continues to flood the Minnesota courts. These tribunals are crowded with cases between non-residents on causes of action accruing abroad; Minnesota citizens are delayed in the trial of their own suits, and Minnesota citizens pay the bill for the added litigation. In addition, the non-resident defendant, required to appear in Minnesota, is deprived of evidence and is frequently put to useless expenditure; yet the Minnesota court, with …
Receivers - Consent Receivership Not Allowed In Michigan
Receivers - Consent Receivership Not Allowed In Michigan
Michigan Law Review
A general creditor filed a bill alleging that the defendant corporation's assets as shown by its books have a value in excess of its indebtedness but that it cannot meet its current obligations although its assets, when converted into money would be sufficient to meet them and continue its business; that several suits have been instituted by defendant's creditors and that if executions are issued and levies made, defendant will be compelled to cease operations and losses will be suffered by all of defendant's creditors, whereas, if a receiver is appointed to operate its business their claims may be paid …
The Supreme Court Of Indiana And Federal Taxation Of State Instrumentalities, Alden L. Powell
The Supreme Court Of Indiana And Federal Taxation Of State Instrumentalities, Alden L. Powell
Indiana Law Journal
No abstract provided.
Wasteful Duplication In Appeals, Julian C. Wilson
Wasteful Duplication In Appeals, Julian C. Wilson
Tennessee Law Review
No abstract provided.
A Definite Period Of Training As A Requirement For Admission To The Bar, Millard E. Queener
A Definite Period Of Training As A Requirement For Admission To The Bar, Millard E. Queener
Tennessee Law Review
No abstract provided.
Contributors Of Articles In This Issue
Creditors' Rights Against Tenants By The Entirety, Will Allen Wilkerson
Creditors' Rights Against Tenants By The Entirety, Will Allen Wilkerson
Tennessee Law Review
No abstract provided.