Jurisdiction Commons^™

Federal Procedure-Removal Jurisdiction-Jurisdictional Estoppel, Paul M.D. Harrison S.Ed.

Michigan Law Review

Respondent sued petitioner, a Florida corporation, the Indiana Lumbermen's Mutual Insurance Company, an Indiana corporation, and Joe Reiss, a citizen of Texas, in a Texas state court. The complaint asked for relief in the alternative for a fire loss suffered by respondent On the joint petition of the two corporate defendants, the case was removed to the federal court under section 1441(c) of the United States Judicial Code. Respondent unsuccessfully moved to remand the case, and, after trial of the case to a jury, a judgment in favor of the respondent was awarded against the petitioner alone. Petitioner's motion to …

Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed.

Michigan Law Review

By reason of work done in Ohio, defendant-employer came within the provisions of that state's compulsory workmen's compensation law. The State of Ohio sought to collect insurance premiums due the state fund by an action brought in a Kentucky court. Defendant demurred on the ground that the claim was in the nature of one for taxes, and hence unenforceable extraterritorially. On appeal from an order sustaining the demurrer, held, reversed. Regardless of whether or not the claim for premiums can be classified as one for taxes, Kentucky courts may act as forums for the collection of foreign tax claims. …

Federal Procedure-Change Of Venue On Motion Of The Plaintiff, David F. Ulmer S. Ed.

Michigan Law Review

Plaintiff, a resident of California, was injured on defendant corporation's premises in Nevada. Being unable to serve defendant in California, plaintiff started a negligence action in the Federal District Court in Nevada and then moved for a change of venue to the proper Federal District Court in California under section 1404(a) of the Judicial Code. The Federal District Court of Nevada overruled plaintiff's motion. On appeal, held, affirmed. The requirement under 1404(a) that the action be transferred to any district "where it might have been brought" precludes transfer to a forum where the defendant was not amenable to process. …

Federal Procedure-Venue-Transfer Under Section 1404(A) To District Where Venue Originally Would Have Been Improper, Wilber M. Brucker, Jr. S. Ed.

Michigan Law Review

Civil anti-trust actions were properly brought against defendants in the Federal District Court for the District of Delaware. Defendants sought a transfer of the suits to a district court in Texas under section 1404(a) of the Judicial Code, which allows a transfer when requirements of convenience are met to any district where the suit "might have been brought" Although venue in the Texas District Court would not have been proper when the suits were originally instituted, defendants claimed that their express waiver of improper venue removed the bar to transfer. The district court ruled that it lacked the power to …

Federal Procedure-Mandamus-Use To Prevent Change Of Venue, Richard J. Darger S. Ed.

Michigan Law Review

Petitioners instituted a suit in the District Court for the Southern District of California seeking damages for alleged patent infringement. That court ordered the case transferred to the District Court for the District of Delaware on the ground that venue was not properly laid in the Southern District of California. Then petition was made to the Court of Appeals for the Ninth Circuit for mandamus to compel the judge of the lower court to withdraw the order of transfer. Held: petition denied. Mandamus will issue to prevent a transfer of a case to the district court of another circuit …

Federal Procedure-Venue-Applicability Of Section 1404(A) Of New Title 28 To Anti-Trust Suits, Morris G. Shanker S. Ed.

Michigan Law Review

Working directly from a branch office in Washington, D.C., defendant corporation solicited orders and distributed films in the state of Virginia, although it had not registered as a foreign corporation in that state. Alleging that the defendant had violated the anti-trust laws by its activities in Virginia, plaintiff brought a civil action for damages and injunctive relief in the United States District Court for the District of Columbia. Pursuant to section 14O4(a) of Title 28 U.S.C. defendant moved to transfer the action to the District Court for the Eastern District of Virginia. Held, since the defendant was not transacting …

Actions Quasi In Rem Under Section 1655, Title 28, U. S. C., William Wirt Blume

Michigan Law Review

Section 1655 of Title 28, U.S.C. (1948) was originally section 8 of an act of Congress approved March 3, 1875. A somewhat similar statute, limited to equity cases, had been enacted in 1872. Paragraph one of the present section reads:

"In an action in a district court to enforce any lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to, real or personal property within the district, where any defendant cannot be served within the State, or does not voluntarily appear, the court may order the absent defendant to appear or plead …

Federal Procedure-Proper Venue In Patent Infringement Action Against Corporation, Gordon W. Hueschen S.Ed.

Michigan Law Review

Plaintiffs brought an action for patent infringement against defendant corporation in the Federal District Court for the Southern Division of California, alleging only defendant's "residence" within the district. Defendant moved to dismiss the complaint on the ground that defendant, being a Delaware corporation, did not "reside" within the district, thus rendering the venue defective. Plaintiffs replied that the word "resides," as used in the patent infringement venue section of the code, which states that "any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement …

Civil Procedure-Judgments-Revival Of Judgments On Notice Served Outside The State, Nancy J. Ringland S.Ed.

Michigan Law Review

Relator filed a petition for mandamus to compel the respondent, one of the circuit judges of the City of St. Louis, to assume jurisdiction and take steps to revive a judgment for alimony in favor of relator against her former husband, who was a resident of New Jersey, where notice of the proceedings was personally delivered to him, and who had no property within the state of Missouri. The Missouri statute provided that a revival must be "upon personal service duly had upon the defendant or defendants therein." Held, mandamus denied, on the ground that a personal judgment could …

Jurisdiction In Private International Air Law Cases, H. Alberta Colclaser

Michigan Law Review

Causes of action involving nationals of different countries frequently give rise to jurisdictional problems. These problems become pronounced in cases where absence of the defendant from the jurisdiction where the cause is heard results in allegations of substantive or procedural prejudice to the defendant and in cases where the failure of the defendant to satisfy a judgment awarded against him creates a necessity for the plaintiff to take his case to another jurisdiction for execution.

Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.

Michigan Law Review

When the problem confronting the judge is one of recognizing a divorce decree awarded by a foreign state, then once again the domiciliary concept will be used to determine the jurisdictional competency of the court making the award. The foreign divorce decree will be accepted as lawful and proper if it was given by the court of the husband's domicile or if the decree is one which would be accepted as valid by that court. The authority underlying the latter proposition originates in the case of Armitage v. Attorney-General. It is the purpose of this comment to examine briefly …

Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed.

Michigan Law Review

Two suits based on the Federal Employers' Liability Act were brought in the Circuit Court of the City of St. Louis, Missouri. In both cases, plaintiff was not a Missouri resident, the defendant carrier was a foreign corporation, and the cause of action arose outside the state of Missouri. A motion to dismiss on the ground of forum non conveniens was denied as beyond the jurisdiction of the court, and mandamus proceedings were begun in the Supreme Court of Missouri to compel the trial court to exercise its discretion in disposing of the motions. The writs were quashed by the …

Federal Procedure-Jurisdiction-Diversity Of Citizenship Required In Stockholder's Derivative Suit, Morris G. Shanker

Michigan Law Review

Plaintiff, a citizen of New York, instituted a stockholder's suit on behalf of a New York corporation in the United States District Court for the Southern District of New York. Individual officers and directors of the corporation, all citizens of Connecticut, were charged with mismanagement and were joined with it as party defendants. Since plaintiff and defendant corporation were both citizens of New York, requisite diversity did not exist, and the district court dismissed the claim for lack of jurisdiction. Upon appeal, held, judgment affirmed. The section of the Federal Judicial Code providing that "any civil action by a …

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.

Michigan Law Review

A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …

Military Habeas Corpus: I, Seymour W. Wurfel

Michigan Law Review

The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …

Jurisdiction-Diversity Of Citizenship-Corporations Domiciled In More Than One State, Harold G. Christensen

Michigan Law Review

Plaintiff brought action against defendant railroad in the federal district court for New Jersey district alleging that she was a citizen of New Jersey and that defendant was a corporation and citizen of New York. Defendant moved to dismiss for lack of diversity of citizenship alleging that it was a consolidated corporation of New York and New Jersey. Held, action dismissed. Since corporate existence was dependent upon both states, and plaintiff was also a citizen of one, diversity did not appear. Gavin v. Hudson & Manhattan R. Co., (D.C. N.J.1950) 90 F. Supp. 172.

Venue-Interpretation Of Title 28, United States Code, Section 1406(A), Nolan W. Carson

Michigan Law Review

A tort action for injuries sustained in Wyoming was commenced in an Illinois state court and removed to the proper United States District Court in Illinois. Defendant interposed the Illinois statute of limitations as a defense. In order to take advantage of the longer Wyoming statute of limitations, plaintiff moved to transfer the suit to the United States District Court for Wyoming under authority of Title 28, United States Code, section 1406(a), providing for the transfer of actions from district courts where venue was improperly laid. The motion to transfer was denied and the, complaint was dismissed. Held, section …

Judgments-Collateral Attack-Insufficiency Of The Cause Of Action As A Basis For Denying Jurisdiction Of A Court Rendering A Default Judgment, Lloyd J. Tyler, Jr.

Michigan Law Review

In a previous action, A, as assignee of a conditional sales contract, sought to recover the property when the purchase price was not paid. Defendant counterclaimed for damages because of alleged fraud of the assignor in making the sale. On appeal, the Montana Supreme Court held that defendant could not have an affirmative judgment on the counterclaim, but could use his claim as recoupment only. On remand, A's attorney moved for continuance until his client could secure a new attorney. The motion was denied, and on the day set for trial A was not represented. As a consequence, …

Venue Statutes: Diagnosis And Proposed Cure, George Neff Stevens

Michigan Law Review

Modern procedural reform movements have swept by the problems of venue with but little notice. This is unfortunate, for all too many cases are decided on a venue technicality, with complete disregard for the merits. Present day venue procedures are the result of historical developments and piecemeal legislative tinkering. The time has come for an appraisal and for corrective action.

Part I of this paper contains a comparative and critical study of venue statutes in the United States today. Part II points out how and why certain of these provisions have given rise to serious problems and suggests a few …

Federal Courts-Substitution Of Parties By Amendment Under The Federal Rules To Correct A Jurisdictional Defect, Rex Eames S.Ed.

Michigan Law Review

The plaintiffs, local officers of a union, sued to enjoin the national officers of the union from interfering with plaintiffs' union duties. Because the original complaint failed to show diversity of citizenship as a basis for federal jurisdiction, plaintiffs sought by amendment to substitute five nonresident members of the union as parties plaintiff and to change the action to a class suit. Held, the court had the power to permit such an amendment but, in the exercise of its discretion, it would not do so here. National Maritime Union of America v. Curran, (D.C. N.Y. 1949) 87 F. …

Judgments-Effect Of A Recital Of Jurisdiction In A Foreign Judgment Record, James F. Gordy S.Ed.

Michigan Law Review

Plaintiff brought an action in the District of Columbia on a Maryland default judgment, offering in evidence the docket entries wherein there was a recital of personal jurisdiction by virtue of a constable's return of summons. Defendant attacked the Maryland judgment on the ground of lack of jurisdiction over the person, testifying and offering evidence, vague and conflicting, but tending to show that he had no notice of the action or judgment until the present suit. Plaintiff testified to the contrary and advanced certain facts to indicate that defendant had been served and had secured several continuances in the prior …

Corporations-Stockholder's Suit To Compel Declaration Of Dividends- Necessity Of Directors As Parties, Daniel A. Isaacson S.Ed.

Michigan Law Review

Plaintiff, a citizen of New York and the owner of some preferred stock in the defendant Delaware corporation, brought a class action against the corporation in a federal district court in Pennsylvania to compel the declaration and payment of dividends on the preferred stock, alleging that the directors had acted in had faith in violation of their duties as fiduciaries. Defendant's articles of incorporation provided that the preferred stock was entitled to receive dividends "when and as declared by the Board of Directors"; the by-laws permitted a majority of the hoard to constitute a quorum for purposes of transacting business. …

Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue

Michigan Law Review

This article is the seventh chapter of a book, Survey of Metropolitan Courts: Detroit Area, which is being published this year by the Michigan Legal Series. It was prepared by this writer as a Research Associate in the employ of the Law School of the University of Michigan, under the supervising editorship of Professor Edson R. Sunderland. The study was undertaken at the request of the Committee on Judicial Administration in Metropolitan Trial Courts, appointed by the Section on Judicial Administration of the American Bar Association, of which committee Ira W. Jayne, Presiding Judge of the Circuit Court of …

Attorneys At Law-Substitution Of Attorneys-Protection Of The Attorney's Right To Compensation, G. B. Myers S.Ed.

Michigan Law Review

Plaintiff employed an attorney on a contingent fee basis. After the suit had been begun, but before trial, plaintiff moved to dismiss and to substitute attorneys so that he might bring the action in another state. The attorney objected, claiming that the court should secure him in his right to one-third of the recovery. Plaintiff contended that the attorney was only entitled to the reasonable value of his services. On argument to the court, held, for plaintiff. When the employment is upon a contingent fee basis the attorney discharged without cause has a right only to the reasonable value …

Federal Courts-Removal Jurisdiction-Counterclaim As The Sole Basis For Removal, Paul M. D. Harrison S.Ed.

Michigan Law Review

Plaintiff brought an action for damages in a state court Defendant filed pleas to the declaration, and also filed a counterclaim arising out of the same cause of action. On this date defendant also filed a motion with the Federal District Court asking removal of the case based solely upon his counterclaim. On plaintiff's motion, held, case remanded to the state court. Defendant has no right under the United States Judicial Code to have a case removed from the state court to the federal court when his motion is based upon his own counterclaim. Collins v. Faucett, (D.C. …

Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.

Michigan Law Review

Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …