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Articles 15721 - 15750 of 16296
Full-Text Articles in Courts
Writ Of Coram-Double Jeopardy Limitations
Administrative Finality, A. Martin Tollefson
Administrative Finality, A. Martin Tollefson
Michigan Law Review
The purpose of this article is two-fold. In the first place it is intended to set forth certain determining factors (a) as to whether or not administrative decisions are subject to review in cases where their finality is challenged before the courts and (b) if subject to review, to what extent. The second purpose is to call attention to the need for improvement in this country along the lines of executive or administrative justice from the standpoint of better agencies and better- facilities for disposing of litigated questions within the administrative tribunals. It should be said at the outset, however, …
Courts-Venue-Waiver Of Objection In Federal Courts
Courts-Venue-Waiver Of Objection In Federal Courts
Michigan Law Review
The plaintiff, an employee of the defendant railroad, brought an action based on the Federal Employers' Liability Act, 45 U. S. C. A. secs. 51-59, for injuries sustained from a defective locomotive boiler. Neither the plaintiff nor the defendant was an inhabitant of the federal. district in which the action was brought. The court below directed a verdict for the defendant, as the plaintiff's proof did not tend to show negligence as required by the act, 45 U. S. C. A. sec. 51. On appeal, it was held that as the plaintiff's petition went far towards establishing a good cause …
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Michigan Law Review
The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …
Trusts-Power Of Equity To Relieve Against The Provisions Of The Trust Instrument
Trusts-Power Of Equity To Relieve Against The Provisions Of The Trust Instrument
Michigan Law Review
Because of the amount of wealth involved and the prominence of the participants, the recent decision of Surrogate Foley in the surrogate's court of New York county in construing the will of the late Joseph Pulitzer has attracted much public attention. The decision is not without its interest to the legal profession. Mr. Pulitzer in his will expressly prohibited the trustees from selling under any circumstances whatever any stock of the Press Publishing Company, publishers of the "New York World" newspapers. Aside from the shares of stock left in trust the remaining shares are owned by the trustees, Mr. Pulitzer's …
Statutory Drafting, G. L. Dosland
Contributors Of Articles In This Issue
The Organization Of The Law Of Corporate Finance, A. A. Berle Jr.
The Organization Of The Law Of Corporate Finance, A. A. Berle Jr.
Tennessee Law Review
No abstract provided.
Executive Encroachment Upon The Judiciary, Charles S. Coffey
Executive Encroachment Upon The Judiciary, Charles S. Coffey
Tennessee Law Review
No abstract provided.
Administrative Tribunals--Judicial Notice
Administrative Tribunals--Judicial Notice
Michigan Law Review
The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …
Administative Tribunals-Judicial Review Of Legislative Functions
Administative Tribunals-Judicial Review Of Legislative Functions
Michigan Law Review
On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …
Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief
Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief
Michigan Law Review
Application was made to the circuit court of appeals for a writ of prohibition against a district judge to restrain him from compelling petitioner to allow an inspection of his ledger. Held, that although in the opinion of the court the order had been entered improperly, the circuit court of appeals had no jurisdiction to issue a writ of prohibition against enforcement of the order. Keaton v. Kennamer (C. C. A. 10th, 1930) 42 F.(2d) 814.
The New Michigan Court Rules, Edson R. Sunderland
The New Michigan Court Rules, Edson R. Sunderland
Michigan Law Review
There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.
Pleading-Appeal And Error-Theory Of The Case
Pleading-Appeal And Error-Theory Of The Case
Indiana Law Journal
No abstract provided.
Progress Of The Law In The United States Supreme Court, 1929-30, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Progress Of The Law In The United States Supreme Court, 1929-30, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Indiana Law Journal
No abstract provided.
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Indiana Law Journal
An address delivered to the Indiana State Bar Association at Indianapolis, Thursday, December 18, 1930.
Inference From An Inference, Malcolm Mcdermott
Inference From An Inference, Malcolm Mcdermott
Tennessee Law Review
No abstract provided.
Contributors Of Articles In This Issuetor
Regarding Requirements Of Admission To The Bar, Herbert Nace
Regarding Requirements Of Admission To The Bar, Herbert Nace
Tennessee Law Review
No abstract provided.
Cases On Pleadings And Procedure, Mason Ladd
Cases On Pleadings And Procedure, Mason Ladd
Michigan Law Review
A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.
Courts-Appellate Jurisdiction Of Circuit Courts Of Appeals-Final Decree Or Judgment
Courts-Appellate Jurisdiction Of Circuit Courts Of Appeals-Final Decree Or Judgment
Indiana Law Journal
No abstract provided.
The Mixed Courts Of Egypt, Edwin D. Dickinson
The Mixed Courts Of Egypt, Edwin D. Dickinson
Michigan Law Review
A review of THE MIXED COURTS OF EGYPT By Jasper Yeates Brinton.
The Doctrine Of The Supremacy Of The Supreme Court, Hugh E. Willis
The Doctrine Of The Supremacy Of The Supreme Court, Hugh E. Willis
Indiana Law Journal
No abstract provided.
Judge And Jury, By Leon Green, Fowler Vincent Harper
Judge And Jury, By Leon Green, Fowler Vincent Harper
Indiana Law Journal
No abstract provided.