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Articles 511 - 540 of 840
Full-Text Articles in Evidence
Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed.
Discovery -- Scope Of Examination --Attorney-Client Privilege Under Ohio And Federal Procedures, Carson C. Grunewald S.Ed.
Michigan Law Review
During a deposition arising out of a suit against the Cleveland Transit System for its alleged negligent operation, Hyde, defendant's general manager, was ordered under subpoena duces tecum to produce reports of the defendant company and answer questions disclosing "all the busses ( the numbers, and names and addresses of the drivers) from 11:30 P.M. September 25, 1944, to 12:15 A.M., going south on East 152 Street." Hyde and the company attorney who possessed the accident reports refused to produce them or answer questions concerning them, claiming that the reports were within the attorney-client privilege. The deponents were taken into …
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.
Michigan Law Review
Plaintiff agreed to purchase land from defendant by a contract in which it was stipulated that the performance of the mechanics of purchase would be completed through a third party, Webster. Plaintiff deposited the purchase money with Webster with instructions to deliver it to defendant only after he (Webster) had, inter alia, procured a policy of title insurance. Webster absconded with the funds. In a suit to determine the incidence of loss, plaintiff sought to prove that Webster had procured the policy before he absconded and therefore held the purchase money as agent for defendant. The proof that plaintiff …
Federal Courts-Appeals-Federal Rule 54(B) And The Final Judgment Rule, W. Stirling Maxwell S.Ed.
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 …
New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.
New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.
Michigan Law Review
Whether or not testimony of a juror is admissible for the purpose of setting aside a verdict is a question upon which the cases are in conflict. Much of the contrariety of opinion is due to a failure of courts to distinguish between the two basic factual situations which present the problem. The juror's testimony may be sought to be introduced to show either: (1) that, due to some misunderstanding, his own thought processes were misdirected in arriving at his final vote; or, (2) that he observed the open misconduct of a fellow juror. At the outset it should be …
Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed.
Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed.
Michigan Law Review
After taking evidence upon a matter referred to him, a master in chancery closed the proofs, but died before making his report. The district court, after receiving briefs of counsel and hearing argument, made an ultimate finding based on the transcript of evidence. Held, such action by a court which has not seen the witnesses is not in accord with due process. Smith v. Dental Products Co., (C.C.A. 7th, 1948) 168 F. (2d) 516.
Evidence-Hearsay-Admissibility Of History Statements In Hospital Record Under Business Entries Statute, Ralph E. Hunt
Evidence-Hearsay-Admissibility Of History Statements In Hospital Record Under Business Entries Statute, Ralph E. Hunt
Michigan Law Review
Plaintiff sued for injuries allegedly resulting when the door of defendant's bus closed on plaintiff's ankle as he was attempting to board the bus, throwing him to the ground. Defendant offered in evidence, under the Uniform Business Records as Evidence Act, in effect in Delaware, hospital records containing the entry: "Patient states he twisted ankle while walking along the street." The interne who treated plaintiff and qualified the records had no independent recollection of the statement. On appeal from judgment for defendant, held, the record was properly admitted, although no witness could testify of his own memory that he …
Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson
Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson
Michigan Law Review
Undisputed evidence established that petitioner, a negro boy of fifteen, was arrested at about midnight, October 19, 1945 and taken to police headquarters. He was questioned by the police with no friend or counsel present. He was not informed of his right to counsel or of his right to refuse to answer. At about five in the morning, October 20, he confessed. He was then informed of his rights and his statement taken and transcribed. He was photographed by a newspaper photographer, and then placed in jail. On October 23 he was, for the first time, taken before a magistrate …
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Michigan Law Review
Plaintiff, a tax assessor, sought to recover salary claims against a county, contending that compensation was payable under an act passed by the General Assembly but vetoed by the governor. An entry in the House journal reported delivery of the bill to the governor on March 5. The Assembly adjourned March 13, and the governor vetoed the bill March 28. An official receipt dated March 10 had been given for the bill by the governor's office. The Arkansas Constitution gives the governor five days within which to approve or disapprove the bill. If he fails to act, the bill becomes …
Eminent Domain-Effect Of Zoning Ordinances On Measure Of Damages, A. E. Anderson S.Ed.
Eminent Domain-Effect Of Zoning Ordinances On Measure Of Damages, A. E. Anderson S.Ed.
Michigan Law Review
In a proceeding to condemn land located in an area subject to zoning restrictions, defendant contended that in fixing value the adaptability for all possible uses should be considered whether or not such uses were forbidden by zoning ordinances. The trial court instructed the jury that it should consider only the uses to which the property was suitable and available. On appeal, held, affirmed. Long Beach City High School District v. Stewart, (Cal. 1947) 185 P. (2d) 585.
Evidence-Scope Of The Business Entry Exception To The Hearsay Rule Under Present Statutory Modification, John M. Veale S.Ed.
Evidence-Scope Of The Business Entry Exception To The Hearsay Rule Under Present Statutory Modification, John M. Veale S.Ed.
Michigan Law Review
The business entry exception to the hearsay evidence rule has been prolific of legal literature and litigation. Originally the law regarded all business entries as inadmissible in evidence to prove the truth of the facts recorded. However, at early common law the shopkeeper could not himself testify to the truth of a transaction, since he was an interested party; and if he kept no clerk, or his clerk were unavailable, no one else could so testify. In response to this evidentiary dilemma there appeared a double-barreled exception to the hearsay rule; namely, that business entries by a party (The Shopbook …
Evidence-Hearsay-Impeachment Of Hearsay By Declarant's Inconsistent Statements, Ira M. Price, Ii S.Ed.
Evidence-Hearsay-Impeachment Of Hearsay By Declarant's Inconsistent Statements, Ira M. Price, Ii S.Ed.
Michigan Law Review
In an action of trespass to try title to land claimed through adverse possession by defendant, the date when defendant first asserted a hostile claim to the premises so as to start the ten year statute of limitations was in issue. Plaintiff's witness, W, was allowed to testify that defendant had told him and others that plaintiffs owned individual interests in the land and that he did not exclusively claim the land. Defendant's witness, Y, then testified over objection that witness, W, had told him that defendant had long claimed the land, and had farmed and fenced …
Witnesses - "Dead Man's. Act" - Discretion Of Court, George A. Rinker S.Ed.
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 …
Evidence-Parol Evidence Rule-Admission Of Parol Evidence To Show Contract Was Sham, Frank E. Roberts S.Ed.
Evidence-Parol Evidence Rule-Admission Of Parol Evidence To Show Contract Was Sham, Frank E. Roberts S.Ed.
Michigan Law Review
Plaintiffs, executors, brought a bill in equity for an accounting on a contract between defendant and one Broder, deceased, dated April 27, 1944, as modified by a writing dated July 24, 1944. In support of a motion to dismiss, defendant offered parol evidence to show that the writing dated July 24, 1944 was actually executed December 31, 1944 and was not intended to bind the parties, but was designed to effectuate a scheme by which certain advancements to be made to Broder for services rendered in 1945 would be treated as salary paid to Broder during 1944 for purposes of …
Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft
Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft
Michigan Law Review
Defendant was convicted of the crime of negligent homicide and appealed, alleging that the Louisiana statute, making violation of a statute or ordinance presumptive evidence of criminal negligence, was repugnant to the due process clauses of the state and federal constitutions. Held, affirmed. The effect of the statute is merely to shift the burden of introducing evidence of one element of the crime charged: that of criminal negligence. The presumption does not operate as a prima facie presumption of guilt of the crime -and the state must still prove every element of the offense. State v. Nix, (La. …
Criminal Law-Search And Seizure-Admissibiliy In State Court Of Evidence Illegally Seized By Federal Authorities, Andrew W. Lockton, Ill
Criminal Law-Search And Seizure-Admissibiliy In State Court Of Evidence Illegally Seized By Federal Authorities, Andrew W. Lockton, Ill
Michigan Law Review
Two federal narcotic officers accompanied by two state officers went into the defendant's residence, under the authority of a search warrant which authorized search only for marihuana. The search was fruitless. Observing an automobile in front, the two federal officers said something to the defendant, to which he replied, "why sure-look it over; you won't find anything in there." The federal officers were already searching the automobile when the state officers approaching the automobile saw a bottle of whiskey on the floor-board of the car. So far as can be gathered from the opinion, the state officers did not participate …
Evidence-Uncontradicted Testimony, Robert L. Cardon S.Ed.
Evidence-Uncontradicted Testimony, Robert L. Cardon S.Ed.
Michigan Law Review
The great majority of jurisdictions in the United States recognize the rule that in civil cases "clear, positive, direct and undisputed testimony, not improbable or contradictory, given by an unimpeached witness, cannot be rejected or disregarded by either court or jury, unless the evidence discloses facts and circumstances which furnish a reasonable ground for so doing." It is the purpose of this comment to discuss (1) the reasons underlying this rule, and the extent to which it is recognized, rejected or limited in various jurisdictions; (2) the application of the rule to fact situations in jurisdictions where it is recognized.
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Evidence-Documentary Proof Of Market Value Of Personal Property-Admissibility-Relationship To Oral Testimony Based Thereon, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
Even the most casual observer of modern business practices will accede to the general proposition that the most accurate reflection of market value for many commodities can be found in documentary sources. This is particularly true of those commodities of an homogeneous character which are sold in well-organized markets characterized by price uniformity and free access to price information. Of them, it may well be said that no more satisfactory evidence of market value than the newspaper market reports can be found, barring the possibility of personal observation of "the board" at the market itself. However, the average businessman will …
Federal Courts-Federal Rules Of Civil Procedure-Duty Of Court In Non-Jury Action On Motion To Dismiss Under Rule 41 (B), Merrill N. Johnson
Federal Courts-Federal Rules Of Civil Procedure-Duty Of Court In Non-Jury Action On Motion To Dismiss Under Rule 41 (B), Merrill N. Johnson
Michigan Law Review
The federal government brought an action to restrain the United States Gypsum Company and thirteen other corporate and individual defendants from alleged violations of the Sherman Anti-Trust Act. Most of the government's evidence came from defendant's officers, employees, and documents with the result that evidence favorable to both the plaintiff and defendants was presented. The government's case required over five months to present and 10,000 pages to record. The defendants then moved to dismiss the complaint with prejudice under Rule 41 (b). In the hearing on this motion, the government contended that the sole question presented was one of law, …
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Michigan Law Review
Defendant, a real estate broker purporting to act for X, made a contract with plaintiff for the sale to plaintiff of X's farm. The only evidence in the writing of defendant's agency was the word "agent" which he appended to his signature. Plaintiff paid defendant $1000.00 as a deposit which defendant tendered to X who returned $500.00 to defendant as his commission for the sale. Upon destruction of an important part of the premises before execution of the contract, plaintiff brought suit against X and defendant to rescind the contract and recover the deposit. Recovery against X was …
Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.
Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.
Michigan Law Review
Plaintiff, beneficiary of an insurance policy (but not the personal representative of the deceased insured), sued to recover the amount of the policy from the insurance company. As a defense the defendant claimed that the policy never became effective because the insured had made material misrepresentations in the application as to his state of health. To show that there had been such misrepresentations, the defendant proved that the insured had been treated by physicians during the five years preceding the issuance of the policy. Upon objectionμ by plaintiff the court excluded the testimony of the doctors as to the nature …
X-Ray Pictures As Evidence, Charles C. Scott
X-Ray Pictures As Evidence, Charles C. Scott
Michigan Law Review
The courts often are accused of being too slow in accepting the benefits of new inventions, but certainly they are not subject to this criticism in regard to the use of X-ray photographs as evidence. Within a year of Roentgen's discovery of X-rays in 1895, radiographs were admitted in evidence in the case of Smith v. Grant tried in the First District Court of Colorado. Ever since then courts have shown little hesitation in permitting the introduction of X-ray photographs in evidence. Today the rule is now firmly settled that with certain definite restrictions X-ray pictures are competent evidence of …
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Evidence--Recent Developments (A Service For Returning Veterans), John E. Tracy
Evidence--Recent Developments (A Service For Returning Veterans), John E. Tracy
Michigan Law Review
The developments in the law of evidence in the war years have not been great. They have been mainly along the lines of tests for witnesses, the use of confessions in criminal cases, the interpretation by the courts of the so-called "Business Entries" Act and the adoption by the American Law Institute of a proposed Code of Evidence.
Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Trial Practice-Demurrer Upon Evidence As A Device For Taking A Case From The Jury, Charles H. King
Michigan Law Review
By far the oldest of the common law devices for taking a case away from a jury is the demurrer upon evidence. A reported instance of its use appears as early as 1456.
Evidence--Hearsay And Circumstantial--Infant As Witness--Indecent Liberties, Rosemary Scott
Evidence--Hearsay And Circumstantial--Infant As Witness--Indecent Liberties, Rosemary Scott
Michigan Law Review
In the prosecution of the defendant for taking indecent liberties with a female under sixteen years of age, testimony respecting the features of the house and neighborhood where the offense occurred as narrated by the complaining witness to her mother was objected to as hearsay; and testimony of a second child as to advances made by the defendant in the same vicinity was objected to as putting in issue his character. Held, that the mother's testimony as to the statements, made to her by the child soon after the offense, were competent to show that the child had knowledge; …
Evidence-Two Witnesses Rule In Action For Perjury, Milton D. Solomon S.Ed.
Evidence-Two Witnesses Rule In Action For Perjury, Milton D. Solomon S.Ed.
Michigan Law Review
The petitioner was convicted of perjury. The trial judge refused to give the following instruction to the jury: "The government must establish the falsity of the statement alleged to have been made by the defendant under oath, by the testimony of two independent witnesses or one witness and corroborating circumstances. Unless that has been done, you must find the defendant not guilty." The petitioner was convicted and the circuit court of appeals affirmed the district court. Held, the refusal of the district judge to instruct the jury as requested was reversible error. Weiler v. United States, (U.S. 1945) …
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Federal Procedure-Appeal Under Federal Food, Drug & Cosmetic Act--Scope Of Admiralty Appeal Compared With Appeal Under The New Federal Rules, De Witte Chatterton
Michigan Law Review
Appellee, the United States government, by a proceeding in rem, sought to condemn two shipments of canned oysters packed by appellant, the C. C. Company, under the Federal Food, Drug and Cosmetic Act, on the ground that the oysters were wholly or partially decomposed. The district court found for the appellee on conflicting evidence of experts, and appellant appealed to the Circuit Court of Appeals for the Fifth Circuit. On the theory that procedure on appeal should conform to appeals in admiralty, the circuit court of appeals reviewed the whole case de novo, reversed the district court on the ground …
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Joint Tenancy-Effect Of Word "Jointly"-Parol Evidence As To Intent
Michigan Law Review
The common law rule was well settled that a conveyance to two or more, not husband and wife, made them joint tenants, not tenants in common, unless language was used to show an intent that they were not to be joint tenants. The reason for such a rule having passed, the modern rule is to the opposite effect-two or more conveyees, with certain exceptions, are presumptively tenants in common. The Illinois statute, for example, declares that "no estate in joint tenancy in any lands ... shall be held or claimed under any grant . . . unless the premises therein …
Bills And Notes--Irregular Indorsers--Parol Evidence
Bills And Notes--Irregular Indorsers--Parol Evidence
Michigan Law Review
Defendant signed a note otherwise than as maker. Held, error to exclude evidence that he was a co-maker. Glick v. Lieb, (App. Div. N.Y., 1944) 53 N.Y. Supp. (2d) 80.
Evidence-Effect Of Presumption Against Suicide, Edwin Boos
Evidence-Effect Of Presumption Against Suicide, Edwin Boos
Michigan Law Review
Asserting that the deceased met his death by accidental drowning, appellant sued as beneficiary to recover under a double indemnity clause of an insurance policy issued to the deceased by the defendant. The defense was that the deceased committed suicide and that a clause in the policy prevents recovery of double liability under such circumstances. The jury found for the defendant and, on appeal, the beneficiary contended that the trial judge committed prejudicial error against her by refusing to instruct the jury that there was a strong presumption against suicide and in favor of accidental death. Held, the code …