Jurisdiction Commons^™

Creditors' Rights In Equity

Michigan Law Review

There is a great deal of confusion in the decided cases as to the jurisdiction of equity to protect creditors. Historically we must separate the jurisdiction of equity over decedents' estates. According to Langdell, a creditor's bill is a bill filed by a creditor of a deceased debtor, against the personal or real representative, or against the personal and real representatives, of the latter to compel the payment of a debt. When an execution upon a judgment has been returned unsatisfied, and the judgment creditor files a bill in equity to obtain satisfaction of the judgment out of assets belonging …

Courts-Removal Of Causes-Jurisdictional Amount

Michigan Law Review

Two suits for personal injuries, in each of which a claim for $5,000 was made, were removed to the federal court by defendant. Plaintiff's counsel in his opening statement said that as the result of the injuries one plaintiff was unable to work for two weeks and visited his doctor seven times and that the other was away from work for three weeks and also saw his doctor seven times. The wages of the first plaintiff were $55 a week; those of the second averaged $75 a week. He further stated that the injuries were not permanent, and that, except …

Corporations-Liquidation-Jurisdiction Of Court

Michigan Law Review

A recent New Jersey case, Naspo v. Summits Sweet Shoppe, Inc., suggests interesting questions of the jurisdiction of equity over insolvent corporations. In that case, a bill was brought under section 69 of the New Jersey code, by a simple contract creditor with a small claim of $75 praying for the appointment of a receiver and the distribution of the assets. After the court had heard the parties on a motion for the appointment of a receiver, new counsel for the defendant corporation came in at a later hearing, offered to pay plaintiff's claim and asked for a dismissal …

Jurisdiction To Appoint An Administrator To Sue For Wrongful Death, Fowler Vincent Harper

Indiana Law Journal

No abstract provided.

Bases Of Jurisdiction In State Taxation Of Inheritances And Property, Charles L.B. Lowndes

Michigan Law Review

Theoretically there is an accepted distinction between jurisdiction to exact an inheritance tax and a property tax. Is this distinction of practical significance? Does it influence a court in the concrete decision of a case?

Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court

Michigan Law Review

The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …

Admirality-Jurisdiction-Suit Between Foreigners

Michigan Law Review

Claimant sought to have the libel by the Ford Motor Company of Australia dismissed on the grounds, among others, that the suit was between foreigners and that the assumption of jurisdiction by this court would cause the Canadian ship owner great expense and inconvenience. The court, in denying the motion, held that the expense and inconvenience of trial in this forum would be no greater than in Canada, and that the retention of jurisdiction of admiralty suits between foreigners is within the discretion of the court. The Canadian Commander, 43 F.(2d) 857.

Administative Tribunals-Judicial Review Of Legislative Functions

Michigan Law Review

On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …

Prohibition-Against Enforcement Of Order To Produce Documents-Availability Of Other Appellate Relief

Michigan Law Review

Application was made to the circuit court of appeals for a writ of prohibition against a district judge to restrain him from compelling petitioner to allow an inspection of his ledger. Held, that although in the opinion of the court the order had been entered improperly, the circuit court of appeals had no jurisdiction to issue a writ of prohibition against enforcement of the order. Keaton v. Kennamer (C. C. A. 10th, 1930) 42 F.(2d) 814.

Broad Counterclaims As Means Of Obtaining Jurisdiction Over Nonresidents

Michigan Law Review

Broad counterclaim statutes are desirable because they allow cross demands to compensate each other, and because they avoid multiplicity of suits. These two advantages are alone sufficient to justify broad counterclaims, but there is a further advantage in that a broad counterclaim statute permits a resident in a suit brought against him by a nonresident to set up any independent claim against that nonresident which-he may have without prosecuting a separate action. Not only is it a heavier expense to bring a separate action, but it is often impossible to do so without going to the domicil of the nonresident …

Admiralty-Jurisdiction-Workmen's Compensation

Michigan Law Review

The question of what remedies should be available to maritime workers for injuries in the course of their employment has received much attention from the courts during the last fifteen years. This has resulted in some conflicts of the federal maritime jurisdiction with the jurisdiction of the states, and particularly' with the workmen's compensation acts enacted by them. The history of this situation was reviewed in 27 MICH. L. Rev. 191, December, 1928, in a note by G [errit] D [emmink]. In view of three decisions rendered last spring by the United States Supreme Court, it has seemed well to …

Arbitration And Award-Effectof Foreign Arbitration Statute

Michigan Law Review

Plaintiff contracted to furnish and defendant to exhibit a number of motion pictures. The contract included an arbitration agreement in which the parties agreed to submit all disputes arising under the contract to a specified board of arbitration and to abide by its award. The arbitration agreement was to be governed by the laws of New York, by which it would have been valid, irrevocable and specifically enforceable. Defendant breached the contract, refused to submit the dispute to arbitration, and failed to comply with the award when plaintiff did so. Plaintiff then brought suit in Ohio to enforce the award. …

Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger

Michigan Law Review

The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.

Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law

Michigan Law Review

A Michigan case, decided December 3, 1929, presents an interesting problem concerning the status of equity jurisdiction when the relief at law is adjudged adequate. Plaintiff and defendant owned adjoining lots, and disagreed as to the location of the true boundary line between them. Plaintiff was in possession of the disputed strip. Defendant started an ejectment suit, whereupon plaintiff brought a bill in equity to enjoin defendant's suit at law and to have title decreed to be in himself. Defendant answered denying that there was any equity in the bill, and moved to dismiss. Later counsel agreed that the entire …

Jurisdiction For The Purpose Of Imposing Inheritance Taxes, David R. Mason

Michigan Law Review

For nearly half a century so-called inheritance tax laws of the states of the United States have been predicated upon two distinct theories of jurisdiction, many states embodying both theories into their statutes. Recent decisions rendered by the Supreme Court of the United States, however, challenge the constitutionality of such a scheme and indicate the expediency of a review of the extent of state jurisdiction for the purpose of imposing such taxes.

Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

Corporations-Right Of General Creditors, After Appointment Of Receiver In Suit Brought For Foreclsoure Of Mortgage Covering Major Portion Of Assets, To Have Receivership Extended For Protection And Eventual Liquidation Of Unmortgaged Assets

Michigan Law Review

When the affairs of a corporation become so involved that it is not able to meet its maturing obligations as they become due and it is necessary either that the corporation be reorganized on a more sound financial basis or that its assets be liquidated in an orderly manner, to the best advantage of its creditors and stockholders, it is customary, as a basis for such reorganization or liquidation, to have a receiver appointed of all the property and assets of the corporation. Such receivership is usually precipitated by the filing in the federal court of a bill of complaint …

Crimes - Venue- Non-Support, Abandonment, And Desertion

Michigan Law Review

Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904

Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act

Michigan Law Review

Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.

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.

Venue--Waiver Of Objection In Federal Courts

Michigan Law Review

The plaintiff, a fireman for the defendant railroad, was injured by a defective "chafing-block" while engaged in switching cars onto a siding, in order to permit an interstate train to pass. The injury took place in West Virginia, where the plaintiff was a resident. The defendant was incorporated under the laws of Maryland. Suit was brought in the federal court of the northern district of Ohio. The plaintiff based his right to recover on the Federal Employers' Liability Act, 45 U. S. C. A. sec. 51-59, and the Federal Boiler Inspection Act, 45 U. S. C. A. sec. 22 et …

Taxation-Exemption Of Sovereign Instrumentality-Effect Of Imposing Tax

Michigan Law Review

Plaintiff corporation brought suit against the collector of internal revenue for federal income taxes paid under protest. The taxes were assessed upon the net income derived from the sale of oil and gas produced on lands which the plaintiff held under lease from the state of Texas. A legislative act provided for the leasing of the lands to further the development of their natural resources, the lessees paying a royalty on oil and gas. The statutory leases had been previously held to constitute a sale of the minerals. Theisen v. Robison, 117 Tex. 489, 8 S.W. (2d) 646. The statute …

Taxation-Jurisdiction To Tax Intangibles

Michigan Law Review

Until recently the fact that one state had jurisdiction to tax intangibles was no basis for asserting that another state did not, there being apparently no constitutional impediment to double taxation. Nor did the fact that a state lacked jurisdiction to tax property in intangibles necessarily imply an absence of power to tax succession to that property. Both doctrines have been repudiated by the United States Supreme Court in Farmer's Loan & Trust Co. v. Minnesota and Baldwin v. Missouri, decided during the last term.

Conflict Of Laws-Jurisdiction

Michigan Law Review

Appellant, a resident of Iowa, was ordered by the military department of the United States to take his troops to Fort Snelling, Minnesota, for a training period, during which time he was served with summons to appear in the district court of Ramsey county. Appellant filed a motion to quash, on the grounds that the Minnesota court had no jurisdiction since he was on a military reservation belonging to the United States and claimed privilege from service because he was involuntarily there in obedience to orders. The motion was overruled and judgment was entered against him. Held, if the …

Origin Of Equity Jurisdiction And Jurisprudence, Edward Murphy

Student Theses

Introductory Statement

It is not our purpose in this thesis to attempt a complete and detailed history of equity as it exists in England and in the United states. To do this would involve little more than a compilation of what has already been quite elaborately treated by some of the great legal minds of England and America.

We propose to treat rather of the nature of Equity as it existed in the Roman Law,its influence in the English law, the primitive condition of the law at the time of the origin of Equity, and of the causes which made …

Jurisdiction Of The States To Tax - Recent Developments, Fowler Vincent Harper

Indiana Law Journal

No abstract provided.

Injunction To Restrain Plaintiff's Bringing Suite In Another Jurisdictions

Indiana Law Journal

No abstract provided.

Foreign Corporations-Jurisdiction Resulting From Business Done Within State

Indiana Law Journal

No abstract provided.

Jurisdiction Of The States To Tax -- Recent Developments, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

The Validity Of Void Divorces, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.