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Articles 4021 - 4050 of 4329

Full-Text Articles in Jurisdiction

Taxation - Jurisdiction To Tax - Multiple Taxation Of Intangibles, Richard Brawerman Nov 1939

Taxation - Jurisdiction To Tax - Multiple Taxation Of Intangibles, Richard Brawerman

Michigan Law Review

In two recent decisions of the United States Supreme Court, Curry v. McCanless, and Graves v. Elliott, a majority of the justices refused to adhere to the doctrine that the Fourteenth Amendment prohibits taxation of intangibles by more than one state, and subscribed instead to the view that control and benefit are together the only test of jurisdiction of the states to tax. In Curry v. McCanless, the decedent, a resident of Tennessee, had created a trust of intangibles, reserving control over the income during her life and power to revoke the trust by will. The trust …

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Taxation-Multiple Domicil Jun 1939

Taxation-Multiple Domicil

Indiana Law Journal

No abstract provided.

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Bankruptcy - Corporate Reorganization - Validity Of Process Outside Territorial Confines Of Federal District Court, Edmund O'Hare Jun 1939

Bankruptcy - Corporate Reorganization - Validity Of Process Outside Territorial Confines Of Federal District Court, Edmund O'Hare

Michigan Law Review

Debtor corporation had contracted with defendant, operator of a retail store, whereby defendant agreed to sell debtor's products exclusively and to buy all of his supplies from debtor. While debtor was in the course of section 77 B reorganization proceedings, defendant refused to continue to comply with the contract, Defendant resided and did business in the same state and federal judicial circuit in which the reorganization court was located, but not within the territorial confines of the court, nor was process served upon defendant within the court's territorial jurisdiction. Debtor moved for specific performance of the contract. Held, debtor's …

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Labor Law - National Labor Relations Act - Jurisdiction Of The National Labor Relations Board, John C. Griffin Jun 1939

Labor Law - National Labor Relations Act - Jurisdiction Of The National Labor Relations Board, John C. Griffin

Michigan Law Review

Respondent, employing about sixty persons, was the sole owner of a garment-tailoring concern in New Jersey. His only business was with the Lee Company, a New York firm, that sold finished goods. There was no financial affiliation between them. The Lee Company purchased the cloth and caused it to be delivered to respondent. Respondent tailored it and delivered the finished product to a representative of the Lee Company at respondent's plant. This representative sent it back to New York in Lee Company trucks. Title to the cloth remained throughout in the Lee Company. Held, Justices McReynolds and Butler dissenting, …

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Courts-Conflicting Jurisdiction Between State And Federal Courts Apr 1939

Courts-Conflicting Jurisdiction Between State And Federal Courts

Indiana Law Journal

No abstract provided.

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Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen Apr 1939

Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen

Michigan Law Review

What possible legal or logical connection is there between an employee's membership in a labor organization and the carrying on of interstate commerce? It is "clear that the mere reduction in the supply of an article to be shipped in interstate commerce, by the illegal or tortious prevention of its manufacture, is ordinarily an indirect and remote obstruction on that commerce." Strange sounding words, these, so completely have these doctrines been repudiated in the National Labor Relations Act and the cases supporting it. The law is anything but static; and the legal touchstone of this "extension" of the interstate commerce …

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Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker Mar 1939

Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker

Michigan Law Review

The writ of prohibition originally issued from the king's temporal courts to the ecclesiastical courts to prevent any usurpation of jurisdiction of the king's courts by the spiritual courts. Prohibition has been classed as one of the prerogative writs, that is, a writ issued by the extraordinary power of the sovereign to interfere with private rights in order to preserve the prerogatives and franchises of the state. The writ of prohibition differed historically from the other prerogative writs in that its issuance was not discretionary with the court, but rather it was held to issue as a matter of right …

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Divorce-Jurisdiction Over Subject Matter-Res Judicata Feb 1939

Divorce-Jurisdiction Over Subject Matter-Res Judicata

Indiana Law Journal

No abstract provided.

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Obligatory Jurisdiction Of The Supreme Court: Appeals From State Courts Under Section 237(A) Of The Judicial Code, Seymour J. Rubin, Sidney H. Willner Feb 1939

Obligatory Jurisdiction Of The Supreme Court: Appeals From State Courts Under Section 237(A) Of The Judicial Code, Seymour J. Rubin, Sidney H. Willner

Michigan Law Review

In two ways, a case decided by the state court of last resort may come to the Supreme Court of the United States: by certiorari, or by appeal. Certiorari is discretionary; and the considerations which will lead the Court to grant a writ of certiorari are set out in Rule 38 of the Supreme Court Rules, and are well-known to the practicing bar. Appeal, however, is directed to the obligatory jurisdiction of the Court. Rule 12 merely sets out the procedure to be followed in seeking an appeal; and for his decision as to whether he has substantive basis for …

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Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper Jan 1939

Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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The Control Of Inferior Jurisdictions By The Kentucky Court Of Appeals, Charles M. Gadd Jan 1939

The Control Of Inferior Jurisdictions By The Kentucky Court Of Appeals, Charles M. Gadd

Kentucky Law Journal

No abstract provided.

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Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff Jan 1939

Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff

Kentucky Law Journal

No abstract provided.

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Courts - Federal Courts - Removal Of Causes - Amendment To Complaint After Removal Reducing Amount In Controversy To Less Than The Jurisdictional Amount, Robert E. Sipes Jan 1939

Courts - Federal Courts - Removal Of Causes - Amendment To Complaint After Removal Reducing Amount In Controversy To Less Than The Jurisdictional Amount, Robert E. Sipes

Michigan Law Review

Plaintiff began his action for breach of contract in a state court of Indiana. On defendant's timely petition the suit was removed to the United States District Court. Plaintiff then amended his pleadings by filing particulars of his claim which reduced the amount recoverable below the jurisdictional amount. On a writ of certiorari it was held that the jurisdiction of the district court was not defeated by the amendment reducing the amount claimed to below the jurisdictional amount. Saint Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 58 S. Ct. 586 (1938).

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Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson Nov 1938

Labor Law -Associations - Suability Of Unincorporated Labor Union In Action At Law For Damages, Thomas E. Wilson

Michigan Law Review

Plaintiff sued defendant trade union, an unincorporated association, in its association name in a county court of North Carolina for damages arising out of its action in expelling him from the union, putting his name on a blacklist, and obtaining his discharge from employment. North Carolina had no enabling statute permitting suit against unincorporated associations in their association name. Service of process was obtained upon the local union's secretary-treasurer. Judgment for the plaintiff was taken by default, and plaintiff brought an action on the judgment in the District Court of the United States for the District of Columbia. The District …

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Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review May 1938

Labor Law -- Anti-Injunction Acts -- Presence Or Absence Of Labor Dispute As Affecting "Jurisdiction", Michigan Law Review

Michigan Law Review

Plaintiff secured a temporary injunction against the picketing of her beauty shop by members of a union who sought an agreement as to the prices which plaintiff would charge her customers. None of plaintiff's employees were dissatisfied with the terms and conditions of employment. The trial court, on the basis of allegations in plaintiff's bill, affidavits and oral testimony, but without an answer being filed by defendant, held that the case did not "involve or grow out of a labor dispute" and awarded a temporary injunction. A Minnesota statute provided that no court of the state should have "jurisdiction" to …

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Jurisdiction To Tax-Power Of The Settlor's Domicillary State To Subject To An Inheritance Tax The Corpus Of A Trust Elsewhere Existing Apr 1938

Jurisdiction To Tax-Power Of The Settlor's Domicillary State To Subject To An Inheritance Tax The Corpus Of A Trust Elsewhere Existing

Indiana Law Journal

No abstract provided.

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Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell Feb 1938

Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell

Michigan Law Review

Since the beginning of our government it has been recognized that the federal courts are courts of limited jurisdiction. At an early date it was decided that because of this the plaintiff must state in his complaint the facts upon which the jurisdiction depended. The reason given in support of this rule, which is still the unquestioned law, is that there is no presumption of jurisdiction in courts which have only limited jurisdiction, but it is presumed not to exist unless its existence be shown upon the record. When the plaintiff sustained his burden of pleading the jurisdictional facts, his …

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Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich Jan 1938

Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich

Maryland Law Review

No abstract provided.

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Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich Jan 1938

Jurisdiction Of Maryland Courts Over Foreign Corporations Under The Act Of 1937, G. Kenneth Reiblich

Maryland Law Review

No abstract provided.

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Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell Jan 1938

Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell

Michigan Law Review

The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …

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Conflict Of Laws--Basis For Divorce--Jurisdictional Fact Concept, John H. Goad Jan 1938

Conflict Of Laws--Basis For Divorce--Jurisdictional Fact Concept, John H. Goad

Kentucky Law Journal

No abstract provided.

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Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr. Jan 1938

Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr.

Kentucky Law Journal

No abstract provided.

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Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr. Jan 1938

Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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Taxation-Jurisdiction To Tax Trust Property-The Trust Device As An Instrumentality For Avoiding Taxation Dec 1937

Taxation-Jurisdiction To Tax Trust Property-The Trust Device As An Instrumentality For Avoiding Taxation

Indiana Law Journal

No abstract provided.

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Bankruptcy - Corporate Reorganization - Effect Of Release Of Collateral Obligor On Dissenting Creditors, Edward D. Ransom Dec 1937

Bankruptcy - Corporate Reorganization - Effect Of Release Of Collateral Obligor On Dissenting Creditors, Edward D. Ransom

Michigan Law Review

The federal district court confirmed a plan of reorganization of debtor corporation, under section 77B of the Bankruptcy Act, which expressly released defendant from liability as guarantor of bonds of the corporation and provided for cancellation of the bonds and substitution of new certificates of stock. The plaintiff, a bondholder, made no objection when the plan was submitted to the court; objection by other bondholders was overruled. The plaintiff brought suit in municipal court on the defendant's guaranty. Defendant pleaded the confirmation of the plan by the district court as res adjudicata. The trial court denied the plea and entered …

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Taxation-Jurisdiction To Tax-Business Situs-Taxatino Of State Bank Shares Oct 1937

Taxation-Jurisdiction To Tax-Business Situs-Taxatino Of State Bank Shares

Indiana Law Journal

Recent Case Notes

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Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson Jun 1937

Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson

Michigan Law Review

The case of University of Chicago v. Dater, recently decided by the Michigan Supreme Court, contains interesting and unusual problems in the field of conflict of laws. The University of Chicago had agreed to loan money to a Michigan resident, to be secured by Chicago realty. The note and trust mortgage were sent by plaintiff to a Michigan bank, as agent, which procured the signatures of defendant and her husband, and sent the papers back to plaintiff's agent in Chicago. Some question as to title to the land arose, followed by further negotiations, and nearly a month after the …

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Taxation - Jurisdiction Of A State To Tax Personal Incomes, Jack L. White Jun 1937

Taxation - Jurisdiction Of A State To Tax Personal Incomes, Jack L. White

Michigan Law Review

There have been comparatively few decisions of the United States Supreme Court involving questions of the jurisdiction of a state to impose income taxes, so that each case that has been reported has called for an adjustment of the earlier statements of the law in that field. Such a case was recently decided. It is the purpose of this comment to consider the earlier cases in the light of that decision, and to determine what proportion of the income of a resident, and of a non-resident, a state may tax.

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International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton May 1937

International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton

Michigan Law Review

The control which a littoral state may exercise over the adjacent sea has never been the subject of complete agreement among the nations of the world. Inability to agree and resulting confusion have arisen in many instances from a failure to distinguish between a claim of control over a definite strip of adjacent water, often spoken of as "territorial waters," analogous to the control exercised on land and a claim that, for the well-being of the littoral state, control for limited and specific purposes may be extended beyond these territorial waters. The most obvious example of this latter type of …

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Corporations - Foreign Corporations - Service Of Process Based Upon Solicitation, Donald H. Larmee Apr 1937

Corporations - Foreign Corporations - Service Of Process Based Upon Solicitation, Donald H. Larmee

Michigan Law Review

The question of just when a foreign corporation is amenable to process for an in personam action has long troubled the courts. To one who is seeking a clear and applicable formula, the cases in this field offer but little aid because of the confusion created by the multitude of decisions upon the problem. The decisions of the United States Supreme Court itself are of no great assistance in deriving such a formula. Many attempts have been made by legal writers to define a working rule for this problem as a whole. However, the present writer will endeavor only to …

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