Legal Remedies Commons^™

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …

Habeas Corpus - Jurisdiction - Exhaustion Of State Remedies As Prerequisite To Federal Relief, John D. Kelly S.Ed.

Michigan Law Review

Petitioner, a prisoner of the Commonwealth of Pennsylvania convicted of armed robbery in 1947, filed a petition for a writ of habeas corpus in federal district court after several efforts to secure the writ in a state court had been unsuccessful. Jurisdiction was based on exhaustion of available state remedies. The petition alleged that the Commonwealth had violated petitioner's rights under the due process clause of the Fourteenth Amendment by denying him the right to be represented by counsel at his trial. The Commonwealth moved to dismiss on the ground that the petition on its face showed that state remedies …

Equity -- 1957 Tennessee Survey, Thomas F. Green Jr.

Vanderbilt Law Review

JURISDICTION:

Among what is said' to be the largest number of public laws ever passed by a Tennessee Legislature, the General Assembly passed an act which creates a statutory exception to the doctrine that equity will not enjoin the commission of a crime unless the conduct comes within some recognized head of equity jurisdiction.

EQUITABLE REMEDIES:

Hall v. Briton was a suit in the chancery court to enjoin defendants, who were complainant's former employees, from selling a product produced with the aid of complainant's trade secret.

CONTEMPT:

One of the peculiarities of equity is that its decrees frequently consist of …

Federal Jurisdiction - Securities And Exchange Commission - Application Of Rule X - 10b-5 To Transactions Involving Non-Securities, Richard Singer

Michigan Law Review

Plaintiff brought an action for damages and the cancellation of certain instruments under section 10 (b) of the Securities Exchange Act of 1934 and rule X-10B-5 promulgated thereunder by the Securities and Exchange Commission. She proved a series of interrelated acts which took place over a period of months by which the defendants fraudulently deprived her of both securities and other property. The defendants objected to the jurisdiction of the district court on the ground that rule X-10B-5 was not applicable to transactions involving non-securities. The district court retained jurisdiction on the theory that all of the acts complained of …

Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.

Michigan Law Review

Plaintiff as widow and administratrix seeks damages from the United States for the alleged wrongful death of her husband on the high seas. Action was brought at law under the Federal Tort Claims Act. Government's motion to dismiss was sustained. There is no common law cause of action for wrongful death on the high seas. The federal Death on the High Seas Act gives a remedy to the representative only "in Admiralty," and thus jurisdiction is lacking at law in the district court. Kunkel v. United States, (S.D. Cal. 1956) 140 F. Supp. 591.

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …

Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.

Michigan Law Review

Petitioners paid money to respondent for prospective passage to Europe on his passenger vessel held out as a common carrier. When respondent failed to make the voyage or return the passage money, petitioners sued in admiralty for breach of contract. The libel was in the nature of indebitatus assumpsit for moneys had and received and wrongfully withheld by respondent. The district court held this an action based upon the breach of a maritime contract and therefore within the admiralty jurisdiction. The court of appeals reversed, on the ground that the action was in the nature of the common law indebitatus …

Wills And Administration - Jurisdiction Over The Probate Of Lost Or Destroyed Wills

Michigan Law Review

Under Mich. Comp. Laws (1929), sec. 15547, a will lost, suppressed or destroyed may be admitted to probate upon its being established in a prescribed manner in the probate court. And under sec. 15543 no will is effectual to pass title to property unless probated as required by law. Plaintiff coal company, apparently under the direction of its manager, King, filed a bill of interpleader for a judicial determination as to whether it should pay rent as lessee of certain property to the administrator of the estate of the deceased lessor, or to King, who claimed as devisee of the …

Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States

Michigan Law Review

It has long been accepted that a court of equity, acting in personam, can enjoin one over whom it has jurisdiction from bringing an action in a foreign tribunal. A nice question is presented when an effort is made to determine on what occasions the court will exercise that power. It is frequently said that it will be exercised but sparingly, and then only where a clear equitable right is established by the petitioner. This, in spite of the strong language commonly accompanying such statements, is no more than that which the court requires for the issuance of any …

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. …

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 …

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.

Subrogation-The Effect On Equity Jurisdiction Of The Legal Remedy Becoming Adequate

Michigan Law Review

As the common law courts develop and discard many of their technical rules it often happens that a remedy at law formerly inadequate becomes perfectly adequate to administer substantial justice to all parties concerned. When such a situation arises the question is raised as to whether or not equity jurisdiction in that field has been ousted. Historically the greatest factor in equitable relief was the inadequacy of the remedy at law. From a strictly logical point of view it would seem that when the remedy at law becomes adequate the Chancellor is pro tanto deprived of his· right to give …

Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour

Articles

ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to …

The Remedies For The Collection Of Judgments Against Debtors Who Are Residents Or Property Holders In Another State, Or Within The British Dominions, Thomas M. Cooley

Articles

Whenever a party who has obtained a judgment in one state or county has occasion to take proceedings for its enforcement in another, he finds-perhaps to his surprise-that his judgment as such has no extra-territorial force, but that in other jurisdictions it is merely evidence of a settled demand, upon which judgment must be obtained in a new suit before there can be process for its enforcement. A creditor cannot, for example, upon a judgment recovered in New York, have an execution in Pennsylvania; for courts issue executions only upon their own judgments; and while it would no doubt be …