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Articles 4171 - 4200 of 4329
Full-Text Articles in Jurisdiction
Jurisdiction In Marginal Seas, With Special Reference To Smuggling, By William E. Masterson, John G. Hervey
Jurisdiction In Marginal Seas, With Special Reference To Smuggling, By William E. Masterson, John G. Hervey
Indiana Law Journal
No abstract provided.
History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown
History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown
Indiana Law Journal
No abstract provided.
Mortgages - Equity Jurisdiction - Personal Decrees Against The Mortgagor
Mortgages - Equity Jurisdiction - Personal Decrees Against The Mortgagor
Michigan Law Review
The Michigan supreme court recently held that the jurisdiction of equity in proceedings for the foreclosure of mortgages is governed by statute, and that equity can only render a personal decree against the mortgagor where the statute expressly permits it. This view, if correct, must be recognized as an exception to the well settled doctrine that a court of equity which has obtained jurisdiction of a controversy on any ground or for any purpose, may retain such jurisdiction for the purpose of administering complete relief. Michigan has repeatedly affirmed this general doctrine.
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Michigan Law Review
Anglo-American writers on the conflict of laws and Continental writers on private international law emphasize, with equal strength, the importance of the rules regulating marriage. Marriage is the most important of the social institutions; it is, in fact, the very foundation of the present social order. The legal system of civilized states, which is called upon to maintain this social order, contains an elaborate body of rules, protecting the institution of marriage. It is noteworthy, indeed, that mature legal systems secure best interests involved in domestic relations, besides interests of substance such as property and contract. Each legal system developed …
Federal Appellate Jurisdiction And Procedure, T. W. Arnold
Federal Appellate Jurisdiction And Procedure, T. W. Arnold
West Virginia Law Review
No abstract provided.
The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown
The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
Partition--Jurisdiction Of Equity Court To Determine Question Of Title Arising Therin, John V. Sanders
Partition--Jurisdiction Of Equity Court To Determine Question Of Title Arising Therin, John V. Sanders
West Virginia Law Review
No abstract provided.
Federal Jurisdiction And Procedure, Robert C. Brown
Federal Jurisdiction And Procedure, Robert C. Brown
Indiana Law Journal
No abstract provided.
The Doctrine Of "Hot Pursuit"--A New Application
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 Case Of The S. S. "Lotus", George Wendell Berge
The Case Of The S. S. "Lotus", George Wendell Berge
Michigan Law Review
A momentous judgment was rendered by the Permanent Court of International Justice, sitting at the Hague, on September 7, 1927, in the Case of the S.S. Lotus. Interest in the case is especially manifest among students of international and maritime law, as well as others, because it is perhaps the first case to come before the Permanent Court in which the question for decision was a point of general international law. Thorough analysis and comment on the questions involved would fill a good-sized volume. Only a few observations can be made in this article on the merits of the …
International Law-Extraterritorial Criminal Jurisdiction
International Law-Extraterritorial Criminal Jurisdiction
Michigan Law Review
The importance of assertions of the right to punish extraterritorial crime is directly related to the advance of international commercial and social intercourse. The earliest serious attempts to assert such a jurisdiction date only from the eighteenth century. Now, practically every state exercises some degree of jurisdiction over offenses committed abroad. But the extent of the power claimed by the different nations varies so as to cause doubt as to what is the international rule on the subject.
Acquiring Jurisdiction Of Infant Defendants Under The Indiana Law, Alan W. Boyd
Acquiring Jurisdiction Of Infant Defendants Under The Indiana Law, Alan W. Boyd
Indiana Law Journal
No abstract provided.
Book Review. Federal Appellate Jurisdiction And Procedure By Elijah N. Zoline, Robert C. Brown
Book Review. Federal Appellate Jurisdiction And Procedure By Elijah N. Zoline, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
Michigan Law Review
The task which the American Law Institute has undertaken is to make a statement of the common law, in its various branches. The end in view is not codification; indeed the idea is directly opposed to codification. It is hoped to have, when the work is completed, an accurate statement of existing common law, carefully and systematically made, from which local variations and peculiarities have been ironed out. It is hoped, in other words, to restore both accuracy and continuity to the pattern of the common law fabric as it is woven in our judicial mills.
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Michigan Law Review
A summons addressed to the defendant corporation was served upon one of its officers at his private residence in Minnesota. The defendant, appearing specially, moved to set aside the service on the ground that it was a foreign corporation not transacting business in the state and that it had empowered no one to accept service of process there in its behalf. The plaintiff contended that the acquisition and ownership of property in Minnesota brought the defendant into the state and under the jurisdiction of its courts. Held, jurisdiction over the corporate property did not give jurisdiction over the corporate …
Jurisdiction Over Causes Of Action Against Interstate Carriers, Bernard C. Gavit
Jurisdiction Over Causes Of Action Against Interstate Carriers, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Cases On Federal Procedure, Robert C. Brown
Taxation-Jurisdiction To Levy An Inheritance Tax
Taxation-Jurisdiction To Levy An Inheritance Tax
Michigan Law Review
A Massachusetts decedent by will created a trust in stocks and bonds. By the terms of the trust the trustee was to pay the income to the settlor's daughter during her life and upon her death was to pay the corpus to such persons as she should by will appoint. She died domiciled in North Carolina leaving a will appointing her husband and son to receive the property. North Carolina imposed an inheritance tax under a statute making the exercise of the power of appointment subject to the tax in the same manner as though the property belonged absolutely to …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Declaratory Judgments Under State Statutes In Federal Courts
Declaratory Judgments Under State Statutes In Federal Courts
Michigan Law Review
Will the federal courts render declaratory judgments when sitting in states which have adopted statutes authorizing that form of relief? A recent decision by the Supreme Court of the United States, written by Justice Sanford, has thrown the whole problem of declaratory judgments in the federal courts into a most unfortunate state of confusion. Liberty Warehouse Co. v. B. S. Grannis, 47 Sup. Ct. Rep. 282.
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
Michigan Law Review
Dower and curtesy are no longer viewed with the kindly eye with which the older law regarded these marital property rights. While inroads have been made by statute, which in many instances have abolished these estates, there are still a large number of states which retain dower and curtesy in their original or in a modified form. Coincident with the decline of these estates has come the great increase of divorces, so that the question of the effect of foreign divorce upon dower and curtesy is litigated with increasing frequency. The problem requires first a consideration of the relation of …
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Michigan Law Review
A decree of divorce purports only to affect the marital status of the parties and as such is an action en rem, while an order to pay alimony is a personal judgment. To be effective it must be rendered by a court having personal jurisdiction over the defendant. Since the decision of Pennoyer v. Neff, if the defendant, though an assent non-resident, has property within the jurisdiction the local law may authorize proceedings for seizing it for a personal claim against the owner, the action in effect being against the owner's interest in the property attached. This applies …
The Recognition Of Foreign Decrees Of Divorce, Wm. Turney Fox
The Recognition Of Foreign Decrees Of Divorce, Wm. Turney Fox
West Virginia Law Review
The question of the recognition of foreign decrees of divorce is one of real and growing importance. The conflict of law that exists in this country, where divorces are granted by one state and their validity tested in another, is one that is familiar to the legal profession. In fact, it is familiar to the public generally. The unfortunate situation of persons legally divorced in one state and not in another; of a second marriage valid in one state, declared invalid in another; and the general confusion resulting from such conflict is constantly presented to the public through the daily …
Situs Of Corporate Shares For Administration Purposes
Situs Of Corporate Shares For Administration Purposes
Michigan Law Review
Questions concerning the situs of corporate shares for tax purposes have been productive of much litigation and a fairly extensive body of authority on the subject has accumulated. Cases dealing with the situs of shares for purposes of administration, on the other hand, arc very rare. This latter fact may be ascribed to the acceptance, in all states except Illinois and Mississippi, of the common law rule that the distribution of personal property shall be governed by the law of the decedent's domicil. But in those two jurisdictions, the legislature has provided that, "All personal property situated in this state …
In The Hope Of A New Birth Of The One Form Of Action, Charles M. Hepburn
In The Hope Of A New Birth Of The One Form Of Action, Charles M. Hepburn
Articles by Maurer Faculty
No abstract provided.
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Michigan Law Review
Fifteen states in enacting public utility laws creating public utility commissions, have provided for an appeal on review of commission decisions, by the supreme court of the state. Other states provide for review by lower state courts with a subsequent appeal therefrom to the supreme court. No doubt, the direct appeal goes hand in hand with the more expeditious legal procedure exemplified by the creation of such administrative tribunals. In most states, including eight of the above fifteen, the constitutions provide that the jurisdiction of the supreme courts shall be appellate only, except for a few prerogative writs of original …
Jurisdiction Of A Justice Of The Peace, H. C. Force
Jurisdiction Of A Justice Of The Peace, H. C. Force
Washington Law Review
The judgment of a court ot record and of general jurisdiction, acting within the scope of its jurisdiction, is presumed to be valid in all particulars unless the contrary affirmatively appears on the face of the record. But even such a judgment is subject to attack on the ground of lack of jurisdiction. The judgment of a court of limited jurisdiction and not of record enjoys no such presumption, and the jurisdiction of such a court must be affirmatively shown. In this state, a justice court is not, and cannot be made, a court of record, and its jurisdiction is …
Jurisdiction Over Foreign Corporations, Maxwell E. Fead
Jurisdiction Over Foreign Corporations, Maxwell E. Fead
Michigan Law Review
During the last century, the standing of foreign corporations in our law has been radically changed; and the law on this subject at the present day is far from being in a settled condition. According to the early view, a corporation could have no legal existence outside of the state of its creation. This view was perhaps best expressed by Mr. Chief Justice Taney in his famous dictum in Bank of Augusta v. Earle. "And this corporation can have no legal existence out of the bounds of the sovereignty by which it is created. It exists only in contemplation …