Jurisdiction Commons^™

Federal Procedure-Validity Of Statute Extending Diversity Jurisdiction To Citizens Of District Of Columbia [National Mut. Ins. Co. V. Tidewater Transfer Co., Inc., U. S. Sup. Ct. 1949].

Washington and Lee Law Review

No abstract provided.

The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy

Vanderbilt Law Review

In the recent case of National Mutual Insurance Ca. v. Tidewater Transfer Co.,' the Act of April 20, 1940, allowing citizens of the District of Columbia and of the territories to sue and be sued in the district courts on the basis of diverse citizenship, was held constitutional insofar as it applies to citizens of the District of Columbia. The practical effect of the decision, in allowing Congress to remove a basic inequality among citizens of the United States, is perhaps commendable. However, there are broad theoretical implications in this holding, emphasized by sharp debate among the justices, which could …

Constitutional Law-Equal Protection-Foreign Corporations-Discriminatory Intangibles Tax, Robert P. Griffin S.Ed.

Michigan Law Review

An Ohio statute required foreign corporations doing business within the state to pay an ad valorem tax on accounts receivable which arose through outstate sales of goods shipped from warehouses within the state, even though the sales were consummated by an agent maintaining his office without the state. Such intangibles were declared by the Ohio statutory formula to have a situs within the state. At the same time, the accounts receivable of Ohio residents and domestic corporations which were derived from outstate sales by agents having their offices without the state were exempt, even though the goods were shipped from …

Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis

Michigan Law Review

Plaintiff, a resident of Texas, brought action in a United States district court in Minnesota to recover damages under the Federal Employers' Liability Act for injuries received in an accident in Texas. Defendant, in accordance with section 1404(a) of the United States Judicial Code, moved for a change of venue to Texas for the convenience of parties and witnesses and in the interest of justice. Plaintiff resisted the transfer solely on the ground that the section did not apply where venue was granted under the F.E.L.A. Held, by a two judge district court, motion granted. Hayes v. Chicago, R.I. …

Constitutional Law - War Contracts - Effect Of Constitutional Issues On The Exhaustion Of Administrative Remedies Doctrine, Richard V. Ehrick

Michigan Law Review

Plaintiff, a manufacturer of war materials under subcontracts with government contractors, filed suit in the District Court for the District of Columbia requesting a declaratory judgment holding the First and Second Renegotiation Acts unconstitutional and, as a consequence thereof, injunctive relief from threatened action by the defendants to recover alleged excessive profits. The district court dismissed the complaint on the grounds (1) that the suit was premature, plaintiff having failed to exhaust the prescribed administrative procedure, and (2) that the available legal and administrative remedies were adequate, the right to equitable relief not being established either on the basis of …

Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling

Michigan Law Review

The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …

Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston

Michigan Law Review

In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …

Constitutional Law - Commerce Clause - Federal Trade Commission - Jurisdiction Over Intrastate Commerce Affecting Interstate Commerce, John C. Johnston

Michigan Law Review

Appellee, an Illinois corporation engaged in manufacturing and selling candy within the state of Illinois, used in marketing its product a method of "break and take" packages involving an element of chance. The Federal Trade Commission had found that this practice constituted "unfair competition" and had ordered one hundred twenty of appellee's competitors who were engaged in interstate commerce to cease using it. The commission issued a like order against appellee on the theory that its activities, although wholly intrastate, "affected" interstate commerce. Appellee appealed from the order, contending that the Federal Trade Commission Act did not authorize the commission …

Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin

Michigan Law Review

The state of Massachusetts instituted an original proceeding against the state of Missouri and individual citizens of Missouri for leave to file a bill of complaint, alleging that M. B. Blake died domiciled in Massachusetts; that she had created three trusts of securities, reserving a power of revocation over two; that the securities were held in Missouri where the trustees resided; that both states had statutes subjecting to taxation property passing by deed, grant or gift, made or intended to take effect in possession or enjoyment after the donor's death; that the Massachusetts statute taxed intangible property only when owned …

Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig

Michigan Law Review

A democratic government such as ours, based upon the theory of popular sovereignty, presents many curious political phenomena. For example: in order to insure a proper balance of the powers, it has been necessary for the Supreme Court to assume the onerous task of passing upon the constitutionality of congressional legislation. It is unfortunate, but necessary, that the Court be obliged to exercise this power of judicial review at a time when the entire country is suffering from the effects of a severe and sustained economic depression. It is unfortunate, too, that the legislation under judicial examination should involve questions …

Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit

Michigan Law Review

The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.

Admiralty-Power Of Congress To Extend Jurisdiction Constitutional Limitations

Michigan Law Review

"The judicial Power shall extend . . . to all Cases of admiralty and maritime Jurisdiction."

"The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution . . . Powers vested by this Constitution in the Government of the United States."

These clauses of the Constitution of the United States provide the foundation for the exercise of jurisdiction in admiralty causes by the federal courts. The recent decision of the United States Supreme Court in the case of The Thomas Barlum, upholding the constitutionality of the Ship …

Constitutional Law-Service Of Process-Jurisdiction Over Non-Resident Acquired By Service Upon Resident Agent, Maurice S. Culp

Michigan Law Review

Henry L. Doherty, a non-resident of the State of Iowa, did business within the state under the name of Henry L. Doherty & Co., with a district manager in charge of the office at Des Moines. Under the manager were clerks and salesmen engaged in the business of selling securities. One of these salesmen made an illegal sale to Goodman, and for damages resulting from the transaction Goodman brought suit in 1931, serving in the regular manner in accordance with the provisions of section 11079 of the Iowa Code the district agent at the Des Moines office. Doherty appeared specially …

Federal Practice- Declaratory Judgments

Michigan Law Review

Alabama, for the purpose of invoking original jurisdiction, applied to the Supreme Court of the United States for leave to file a complaint in equity against nineteen States to have statutes regulating and prohibiting the sale of goods manufactured by convict labor declared void because in violation of the commerce clause of the federal Constitution. Later, Alabama was allowed to submit an amendment eliminating fourteen States. Held, leave to file bill as amended denied. State of Alabama v. State of Arizona, et al., (U. S. 1934) 1 U. S. LAW WEEK (Feb. 6, 1934), index p. 468.

Process In Actions Against Non-Resident Motorists, Maurice S. Culp

Michigan Law Review

Personal service on the defendant within the jurisdiction of a State is the conventional form of process in personal actions. But considerations of convenience and public need have resulted in recognizing an additional form of process in personal actions against nonresident motorists. Statutes in 35 States authorize the commencement of suit against the non-resident motorist by substituted service on a public official of the State where the cause of action arises; the official is made for this purpose the agent or attorney of the non-resident motorist.

It is proposed herein to discuss (1) the constitutional basis of such legislation, and …

Jurisdiction Over A Foreign Corporation-Constitutional Limitations On Exercise Of Jurisdiction

Indiana Law Journal

No abstract provided.

Constitutional Law-Res Judicata In Federal Courts

Michigan Law Review

In American Surety Company v. Baldwin the Surety Company had chosen the state courts of Idaho as its forum for determining the issue of liability upon the supersedeas bond and had pursued its remedy to the Supreme Court. Then it sought to re-open the issue and inject a federal question by bringing an action to enjoin the enforcement of the judgment in the federal courts in Idaho. It was held that the doctrine of res judicata prevented a resort to an independent hearing in the federal courts in that State. American Surety Company v. Baldwin, (U.S. 1932) 53 Sup. …

Constitutional Law - Requirements Of Due Process In State Procedure

Michigan Law Review

In American Surety Company v. Baldwin the Surety Company complained that the procedure in Idaho deprived it of a hearing upon its liability on a supersedeas bond. After judgment was given on the bond the Surety Company moved to vacate the order and the motion was granted. Baldwin took an appeal from this order to the Supreme Court of Idaho which reversed the trial court. The sole question raised by the motion was whether the trial court had jurisdiction to give judgment. Under the Idaho practice an appeal from the judgment of the court was the proper method to review …

Constitutional Law - Federal Questions Reviewable By The Supreme Court

Michigan Law Review

Two cases decided by the Supreme Court at the October, 1932, term of Court raised important questions of federal practice and due process of law. Judgment was rendered, on motion, without notice, pursuant to the terms of the bond, against the American Surety Company on a supersedeas bond given in an action in which the Singer Sewing Machine Company and one Anderson were the defendants in the trial court after the Supreme Court of Idaho had affirmed the judgment of the trial court as to Anderson and reversed it as to the Sewing Machine Company. An order of the trial …

Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings

Michigan Law Review

On indictment for the refusal to give information requested by the authorized revenue agent, the appellee interposed a special plea averring that it would compel him to become a witness against himself in violation of the Fifth Amendment of the federal Constitution which reads, "nor shall any person be compelled to be a witness against himself." Held, the danger of incrimination in a state court was not grounds for asserting the constitutional privilege. United States v. Murdock, 284 U. S. 141, 52 Sup. Ct. 63, 76 L. ed. 83 (1931).

Constitutional Law-Crimes-Waiver Of Jury

Michigan Law Review

The accused, on trial for a felony, was permitted by the trial judge to waive a jury. The trial before the judge alone resulted in an acquittal. The state's attorney petitioned for a writ of mandamus to expunge from the record the orders to dispose of the cause without a jury and for discharge of the accused, on the ground that the court had no jurisdiction to hear and determine the cause. Held, writ of mandamus denied. People ex rel. Swanson v. Fisher (Ill., 1930) 172 N.E. 722.

The Doctrine Of "Hot Pursuit"--A New Application

Michigan Law Review

A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, V, Thomas Reed Powell

Michigan Law Review

By the terms of Article III of the Constitution the federal judicial power extends to cases and controversies of various kinds, and it is established that no dispute, even though otherwise cognizable, can be brought before the federal courts unless they are technically a case or a controversy. In illustration of this, Fairchild v. Hughes held that a private citizen with no other interest at stake than his personal opposition to woman suffrage can not bring a bill to restrain the Secretary of State from issuing a proclamation declaring the ratification of the Nineteenth Amendment.

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell

Michigan Law Review

That contracts between private parties cannot stand in the way of exercises of the police power for the promotion of health, morals and safety is firmly established. This principle was invoked against objection to rent regulation in decisions of the preceding term, and it is reiterated in Edgar A. Levy Leasing Co. v. Siegel. In one of the cases involved in this decision a tenant was relieved of a contract made after the statute was enacted, and the landlord here encountered the further doctrine that "of course, a lease made subsequent to the enactment of a statute cannot be …

Procedure And Practice Before The Federal Trade Commission, John Leland Mechem

Michigan Law Review

The Federal Trade Commission, now in its eighth year, has successfully withstood the attacks, judicial and political, which threatened at times to destroy it, or, at least, to render it impotent. The act creating it has been held constitutional; its powers and duties have been defined; the present administration has indorsed it; and the public have come to realize its power for good. As its activities have expanded its influence has become definitely felt by the business world. The increasing interest of both business men and members of the profession warrants a brief exposition of the practice before the Commission, …

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

Cases Arising under the Constitution or Laws of the United States. The question whether a case presents a "federal question," so called, is raised in a number of the controversies in which the asserted federal question was considered and answered. Only a few of these instances need special mention. In Hartford Life Ins. Co. v. Blincoe,3 after reversal by the Supreme Court of a state judgment against a defendant, a second judgment was rendered by the state court on different grounds. These included holding an assessment on an insurance policy to be void for the inclusion of a state tax …

Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson

Michigan Law Review

Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.

Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland

Articles

"At the last meeting of the Michigan State Bar Association, held in Detroit in June, 1920, the question of employing an intermediate appellate court in this state, as a means for relieving the Supreme Court and expediting the disposal of appeals, was discussed at some length, and it was thereupon moved and carried that the whole subject be referred to the Committee on Legislation and Law Reform to be investigated, and that the Committee report upon the matter at the next meeting of the Association."

Full Faith And Credit And Jurisdiction, Willard T. Barbour

Articles

The judgment of a sister state, when assailed by collateral attack, is often said to occupy a position intermediate between foreign and domestic judgments. Though the older American cases were inclined to examine into the merits of any foreign judgment, the present tendency is toward the adoption of the English view according to which a foreign judgment may be attacked collaterally only for want of jurisdiction or fraud. Dicey, Conflict of Laws (ed. 2) Ch. XVII; see note to Tremblay v. Aetna Life Insurance Co., 97 Me. 547, in 94 Am. St. Rep. 521, 538. But whereas any statement of …