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Articles 211 - 240 of 542
Full-Text Articles in Evidence
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Wills-Interference With Revocation-Constructive Trust, John S. Yates
Michigan Law Review
The complaint alleged that testatrix who had executed a will leaving her whole estate to defendants attempted to make a new will containing legacies to plaintiffs, but that by means of misrepresentations, undue influence, force, and murder, testatrix was prevented by defendants from signing the new will. On appeal from dismissal of the complaint for insufficiency, held, reversed. If the allegations of the complaint be taken as true, plaintiffs are entitled to a judicial declaration that defendants hold the property under a constructive trust for plaintiffs. Latham v. Father Divine, 299 N.Y. 22, 85 N.E. (2d) 168 (1949).
Trial-Evidence-What May Jury Take To Jury Room To Aid In Deliberation, Richard B. Gushée S.Ed.
Trial-Evidence-What May Jury Take To Jury Room To Aid In Deliberation, Richard B. Gushée S.Ed.
Michigan Law Review
Upon the trial of a case under the Texas Workmen's Compensation Act, X-ray photographs, properly authenticated, were introduced in evidence by both parties to the suit. After retiring to deliberate, the jury requested that the X-ray pictures be sent to the jury room for their examination and consideration. This request was granted. Appellant objected on the ground that the pictures were technical and could not be understood by the jury without interpretation. On appeal, held, affirmed. X-ray photographs are "written evidence" and come within the provisions of the Texas Rules of Civil Procedure which provide that the jury may …
Origin And Development Of The Directed Verdict, William Wirt Blume
Origin And Development Of The Directed Verdict, William Wirt Blume
Michigan Law Review
Recent decisions of the Supreme Court of the United States have aroused a new interest in the familiar motion for a directed verdict. In this discussion the writer will undertake a brief examination of the antecedents of the motion, and then will trace its short but significant history.
Alternative Pleading: Ii, Roy W. Mcdonald
Alternative Pleading: Ii, Roy W. Mcdonald
Michigan Law Review
In any save the most elementary of litigation, the practicing lawyer frequently encounters difficulty in estimating with confidence, in advance of the trial, what precise fact propositions may be established by the evidence. As a result, he desires to preserve for himself the maximum area in which to maneuver as the testimony unfolds. One device for assuring such flexibility is the use of alternative pleading. The present series of articles undertakes to depict the extent to which the pressure of this common professional experience is reflected in our civil practice.
Evidence-Status Of Microfilmed Business Records, William P. Sutter S. Ed.
Evidence-Status Of Microfilmed Business Records, William P. Sutter S. Ed.
Michigan Law Review
Many businesses today are turning to microfilm to record their essential papers in an effort to achieve ease and economy of operation through a reduction in storage requirements. Sixteen hundred pages of letter-press, transcripts or manuscripts can be reproduced on 100 feet of 35 mm. film to make a roll three inches in diameter. This is the equivalent of four thousand sheets of standard foolscap paper. Further illustrating the space savings is the fact that, on an average, the contents of 120 four-drawer file cabinets can be condensed into a single file cabinet and still leave some room for expansion. …
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Michigan Law Review
Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …
Negligence-Proof Of Causation, Walter Dean
Negligence-Proof Of Causation, Walter Dean
Michigan Law Review
Decedent, a passenger on defendant's railroad was bound for X Terminal. The car doors were open and a trainman called out, "X Terminal, next," but the train stopped in the dark at point Y before reaching the announced destination to allow another train to pass. Decedent's body was found near point Y. Suit was brought by decedent's widow under the state "wrongful death" statutes. The lower court held that the plaintiff's failure to show that decedent left the train at point Y was a fatal gap in the causal chain, and gave judgment for the defendant notwithstanding the …
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Michigan Law Review
Defendant was convicted of having transported his wife in interstate commerce for the purpose of prostitution in violation of the White Slave Traffic Act. Defendant's wife testified to the various transportations which defendant had made of her and to her practicing of prostitution at their different destinations. Defendant contended that the trial court erred in permitting his wife, over his objection, to testify against him. On appeal, held, affirmed. So far as appellant's rights were concerned, the wife's testimony was competent evidence against him. Shores v. United States, (8th Cir. 1949) 174 F. (2d) 838.
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Michigan Law Review
Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …
Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey
Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey
Michigan Law Review
What protection do the Fourth and Fifth Amendments afford against acquisition of evidence by search and seizure, actual or constructive? Does an individual have a constitutional privilege against the disclosure of records he is required by law to keep? May police officers search premises on which an arrest is made and seize contraband which they find there? A series of cases recently decided by a closely divided Supreme Court has enveloped this field in the same deep fog of uncertainty which now hangs over so many other areas of constitutional law. The unstable quality of these precedents is attested by …
Quasi-Contracts-Rescission For Fraud-Defrauding Vendee's Right To Recover For Improvements, G. B. Myers
Quasi-Contracts-Rescission For Fraud-Defrauding Vendee's Right To Recover For Improvements, G. B. Myers
Michigan Law Review
Defendant fraudulently obtained a conveyance of land from plaintiff and while in possession of the tract made repairs and improvements to a building thereon. Upon discovery of the fraud plaintiff sued in equity to cancel the deeds involved, and tendered into court the consideration received from defendant. The lower court cancelled the deeds, returning the consideration to defendant, but refused to admit defendant's evidence of repairs and improvements on the ground that equity will not allow a claim for the value of improvements when made by a defrauding party. Held, reversed in part. The evidence was admissible, and an …
Streamlining Conveyancing Procedure, Paul E. Basye
Streamlining Conveyancing Procedure, Paul E. Basye
Michigan Law Review
The need for simplifying-even streamlining-conveyancing procedure has been all too well recognized for decades, but until the present decade relatively little progress toward a satisfactory system has been achieved. We have continued to labor under the handicaps of an inherited system which has become more cumbersome with each passing year. It is noteworthy, however, that several steps have been put into operation within recent years which have proved extremely fruitful and have, in certain limited areas, introduced thoroughgoing revisions in traditional practices. But in most states the far-reaching improvements necessary to an efficient, simple and fully comprehensive conveyancing system remain …
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Federal Courts-Detected Verdicts In Civil Actions, Zolman Cavitch
Michigan Law Review
Juries must answer to questions of fact and judges to questions of law. This is the fundamental maxim acknowledged by the Constitution. When no fact question is present, no right to jury trial in a civil suit exists, and the constitutional guaranty is, therefore, not violated by the exercise of control by the court in keeping the jury to determination of questions of fact or in keeping it within the bounds of reason. One of the most important and often used methods of control is the directed verdict, whereby the court peremptorily instructs the jury to bring in a verdict …
Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed.
Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed.
Michigan Law Review
Petitioner was arrested without a warrant on suspicion of larceny. He was held without commitment for a period of thirty hours during which he was intermittently questioned but was not subjected to any form of physical coercion. At the end of this period, he signed a confession which was the basis for his conviction in the district court. On certiorari to the United States Supreme Court, following affirmation in the court of appeals, held, reversed. The detention was unlawful as a violation of rule 5 (a) of the Federal Rules of Criminal Procedure, and the confession thus obtained was …
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.
Michigan Law Review
Defendant was indicted for murder by a grand jury. The trial court denied a motion by defendant requesting that the district attorney be ordered to furnish him with a transcript of the evidence offered before the grand jury. On appeal, held, affirmed. It was within the discretion of the trial court to grant or refuse the motion. Commonwealth v. Galvin, (Mass. 1948) 80 N.E. (2d) 825.
Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed.
Evidence--Criminal Law--Cross-Examination Of Accused's Character Witness Concerning Accused's Prior Arrest, C. C. Grunewald S. Ed.
Michigan Law Review
On trial in a district court for bribing a federal revenue agent, defendant called five witnesses to testify to his good reputation. During cross-examination by the district attorney, the character witnesses were asked: ''Did you ever hear that on October 11, 1920, the defendant was arrested for receiving stolen goods?" The trial judge overruled the objection to the question, and the witnesses answered in the negative. The prosecutor exhibited a paper record of this arrest to the court. The judge instructed the jury that the question was to test the standard of the character evidence only, not to establish the …
Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr.
Criminal Law-Evidence-Silence To Accusation While Under Arrest As Admission Of Guilt, Colvin A. Peterson, Jr.
Michigan Law Review
Defendant was convicted of murder. Before the victim died, defendant, handcuffed and in custody of police, had been taken to the hospital room where the victim lay. Eight witnesses were present at the time, and each testified that the victim pointed out the defendant as her assailant. At the trial the witnesses were permitted to testify that when accused of the crime, defendant stood by silently, saying and doing nothing, although it also appeared that he had been told by the police chief to ''keep your mouth shut." The prosecution capitalized upon defendant's silence as an admission of guilt. On …
Finders--Application Of Statute To Finder Of Stolen Non-Negotiable Bonds, William C. Gordon
Finders--Application Of Statute To Finder Of Stolen Non-Negotiable Bonds, William C. Gordon
Michigan Law Review
Plaintiff found a box containing twenty registered $1000 United States bonds and other non-negotiable securities, which had been stolen from defendants. Plaintiff turned them over to the sheriff who returned them to defendants. The bonds were endorsed "Not Transferable" and were payable only to the owner named thereon. Defendants had promptly notified the United States Treasury of the theft, and by fulfilling certain requirements, could have obtained duplicate certificates and bonds. Plaintiff sued for a reward of ten per cent of the face value of the securities under an Iowa statute which provided for a reward of ten per cent …
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Negligence--Proximate Cause--Effect Of Non-Registration Of Automobile, Richard B. Gushée
Michigan Law Review
Defendant X owned a non-registered automobile which was parked on a public way by defendant Y, an agent of X. The keys were left in the car in violation of a statute. Later in the same day the car was stolen. Plaintiff, a pedestrian, was injured by the thief's negligent operation of the car. In an action to recover for the injury, a verdict was directed for defendants. On appeal, held, affirmed. As a matter of law, defendant's action in allowing a non-registered automobile containing its keys to remain on a public way was not the proximate …
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Theory Of Pleading A Survey Including The Federal Rules, William Wirt Blume
Michigan Law Review
In an often-quoted report of a committee of the American Bar Association, Roscoe Pound stated: "Pleadings have four purposes: (1) The first is to serve as a formal basis for the judgment. This is the oldest function, and one that goes back before the time of rational, as distinguished from purely mechanical trial of issues. . . . (2) Another is to separate issues of fact from questions of law .... (3) Another is to give litigants the advantage of a plea of res judicata if molested again for the same cause .... (4) Finally, pleadings exist to notify parties …
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Michigan Law Review
Petitioner, a nineteen year old Negro, was convicted of rape in a circuit court of Alabama. The conviction, largely predicated on a confession made by petitioner on July 3, 1946, to the local police, was affirmed on April 24, 1947, by the Supreme Court of Alabama. This petition was subsequently initiated before the Alabama Supreme Court seeking an order granting permission to petition the trial court for a writ of error coram nobis. The request was accompanied by an allegation that petitioner's confession had been induced by mental and physical torture administered by the local police. At no time during …
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.