Open Access. Powered by Scholars. Published by Universities.®

Legal Remedies Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2701 - 2730 of 2821

Full-Text Articles in Legal Remedies

Domestic Relations-Injunction Against Prosecution Of A Divorce Action In A Foreign Jurisdiction [Goldstein V. Goldstein, N. Y. 1940] Sep 1940

Domestic Relations-Injunction Against Prosecution Of A Divorce Action In A Foreign Jurisdiction [Goldstein V. Goldstein, N. Y. 1940]

Washington and Lee Law Review

No abstract provided.

Go to article

Information In The Nature Of Quo Warranto In The State Of Washington, Monford Arthur Orloff Jul 1940

Information In The Nature Of Quo Warranto In The State Of Washington, Monford Arthur Orloff

Washington Law Review

The statutory information in the nature of quo warranto is a remedy granted by the appropriate provisions of the Washington Constitution and statutes. Except for very minor changes, the statutory provisions have remained unaltered since first enacted as laws of the Territory in 1854. The decisions dealing with sections of the earlier laws are therefore, still of full effect except in so far as they have been distinguished or qualified by later decisions involving the same issues. The modem statutory information is an outgrowth of the old common law writ of quo warranto. The common law writ, as distinguished from …

Go to article

Constructive Trusts In West Virginia, Clyde L. Colson Jun 1939

Constructive Trusts In West Virginia, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Go to article

Cases And Other Materials On Judicial Remedies, Leo Carlin Feb 1939

Cases And Other Materials On Judicial Remedies, Leo Carlin

West Virginia Law Review

No abstract provided.

Go to article

Book Review Of Cases And Other Materials On Judicial Remedies, Bolling R. Powell Jr. Jan 1939

Book Review Of Cases And Other Materials On Judicial Remedies, Bolling R. Powell Jr.

Faculty Publications

No abstract provided.

Go to article

Amendment Of Attachment Affidavits And Orders, Ben Ivan Melnicoff Apr 1937

Amendment Of Attachment Affidavits And Orders, Ben Ivan Melnicoff

West Virginia Law Review

No abstract provided.

Go to article

Attachment - Public Institution As Garnishee. Hughes V. Svboda Jan 1937

Attachment - Public Institution As Garnishee. Hughes V. Svboda

Maryland Law Review

No abstract provided.

Go to article

Specific Performance--Must Plaintiff Plead Adequacy On Consideration?, Edward S. Bock Jr. Feb 1934

Specific Performance--Must Plaintiff Plead Adequacy On Consideration?, Edward S. Bock Jr.

West Virginia Law Review

No abstract provided.

Go to article

Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis Jan 1934

Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Go to article

Wills And Administration - Jurisdiction Over The Probate Of Lost Or Destroyed Wills Jun 1933

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 …

Go to article

Receivers - Consent Receivership Not Allowed In Michigan May 1933

Receivers - Consent Receivership Not Allowed In Michigan

Michigan Law Review

A general creditor filed a bill alleging that the defendant corporation's assets as shown by its books have a value in excess of its indebtedness but that it cannot meet its current obligations although its assets, when converted into money would be sufficient to meet them and continue its business; that several suits have been instituted by defendant's creditors and that if executions are issued and levies made, defendant will be compelled to cease operations and losses will be suffered by all of defendant's creditors, whereas, if a receiver is appointed to operate its business their claims may be paid …

Go to article

Subrogation -An Equitable Device For Achieving Preferences And Priorities Apr 1933

Subrogation -An Equitable Device For Achieving Preferences And Priorities

Michigan Law Review

Courts are seldom embarrassed in modern times by the poverty of their resources. On the contrary, with the multiplication of "substantive law" formulae and of new procedural devices, their difficulties more often result from the embarrassment of overwhelming riches. This statement may be best illustrated by a brief review of the equitable devices for achieving preferences and priorities, which have developed so rapidly within the last fifty years and have surmounted almost completely the artificial barriers of legal doctrine. In this field the chief effort of the courts must now be not to develop new machinery, but to reexamine the …

Go to article

Practice And Procedure - Conditional Judgments At Law - Validity And Advantages Mar 1933

Practice And Procedure - Conditional Judgments At Law - Validity And Advantages

Michigan Law Review

Some modern courts have asserted and many lawyers have assumed that in common law actions a court can not render a judgment conditional in form. It is argued that the court is without jurisdiction so to decide a case, and that in any event the common law has never recognized such a form of judgment as valid. The first point is not so difficult to disprove, and the second, so far as actual decision is concerned, is clearly incorrect." In several early cases common law courts were willing not only to stay execution of judgments until conditions were performed, but …

Go to article

A "Pragmatic Definition" Of The "Cause Of Action"?, Bernard C. Gavit Jan 1933

A "Pragmatic Definition" Of The "Cause Of Action"?, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

Go to article

The Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin M. Borchard Dec 1932

The Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin M. Borchard

Michigan Law Review

In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the …

Go to article

Specific Performance - Chattel Contracts Performable In Installments Dec 1932

Specific Performance - Chattel Contracts Performable In Installments

Michigan Law Review

The refusal of a court of equity to decree the performance of a contract relating to personalty is not based on any intrinsic. difference between land and chattels. Any distinction between them is entirely subordinate to the question whether an adequate remedy can be afforded at law. Yet constant repetition has imparted such a degree of rigidity to the rule that courts have been prone to forget the reason on which it rests. Nowhere is this fact more evident than in the field of installment contracts.

Go to article

Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States Nov 1932

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 …

Go to article

Actions--Election Of Remedies, George W. Mcquain Jun 1932

Actions--Election Of Remedies, George W. Mcquain

West Virginia Law Review

No abstract provided.

Go to article

Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases May 1932

Quasi-Contracts -Assumpsit For Use And Occupation Against A Trespasser In Modern Cases

Michigan Law Review

Perhaps the doctrine of stare decisis is sometimes deserving of severe criticism in its application to matters of substantive law; but the unfortunate results of uncritical adherence to precedent appear most clearly in regard to rules of procedure, where the demand for certainty cannot be justified by a supposed reliance of laymen on "settled" rules. The evils are aggravated where inconvenient decisions are not undermined or their effects evaded by the lawyer's typical process of "distinguishing'' cases. A forcible illustration is the firm refusal of most courts to extend quasicontractual relief to cases of use and occupation of land by …

Go to article

Corporations - Rights And Remedies Of Dissenting Stockholders Upon Consolidation And Merger May 1932

Corporations - Rights And Remedies Of Dissenting Stockholders Upon Consolidation And Merger

Michigan Law Review

Consolidation or merger of private corporations in recent years has been more and more frequent. One of the most engrossing problems when such unions take place is that of the rights and remedies of dissenting shareholders. The question which arises most frequently in cases of consolidation or merger, and that in the solution of which, paradoxicaIIy, our courts tend to expend the least amount of legal acumen, is whether the consolidation or merger of corporations operates to dissolve the constituent corporations in such a manner as materially to affect the rights of the shareholders in those corporations.

Go to article

Patents - Option Of The Court To Permit Contempt Proceedings Or To Require A New Suit Apr 1932

Patents - Option Of The Court To Permit Contempt Proceedings Or To Require A New Suit

Michigan Law Review

A final injunction was issued by the federal district court of Massachusetts against A, a Michigan corporation. The terms of the injunction were that A should not make, use, or sell lasts, or any colorable imitation thereof, embodying the invention covered by certain enumerated claims belonging to the present complainant. In a subsequent term of court the complainant alleged a violation of the injunction and brought contempt proceedings against A in the district court. The alleged infringement consisted in the manufacture and sale of a device which was slightly changed in form from that which the defendant had made prior …

Go to article

Patents - Recovery Of Profits In Contempt Proceedings Apr 1932

Patents - Recovery Of Profits In Contempt Proceedings

Michigan Law Review

The facts of this case are stated in the preceding note. The complainant sought to recover in the contempt action the profits of the infringement subsequent to the injunction decree. The circuit court of appeals refused recovery. Held, the decree of the circuit court of appeals should be reversed; profits from the sale of the infringing article are properly an element of the contempt fine. Krentler-Arnold Hinge Last Co. v. Leman (U. S. Feb. 15, 1932) Adv. Op. No. 332. (Reversing the decision in (C. C. A. 1st, 1931) 50 F.(2d) 699).

Go to article

Pledge - Liability Of Pledgee For Depreciation Of Corporate Stock Apr 1932

Pledge - Liability Of Pledgee For Depreciation Of Corporate Stock

Michigan Law Review

The plaintiff brought suit to recover the value of a promissory note for which the defendant had pledged corporate stock as collateral security. Defendant filed a counterclaim for the depreciation in value of the stock between the time he had requested the plaintiff to sell and the time of bringing the suit. Held, that plaintiff was not liable for the depreciation of the stock since the pledgor had made no offer to pay pledgee such sum as would together with the price for which the stock could have been sold satisfy the note. People's Nat. Bank & Trust Co. …

Go to article

Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation Mar 1932

Corporations - Right Of Stockholders To Compel Leave To Inspect Books Of A Delaware Corporation

Michigan Law Review

At common law an incident to the ownership of stock in a corporation is the right or privilege to inspect the books or records of the corporation. The right is analogous to that of partners to examine the records and books of the firm. However, it is not an absolute, unqualified right at common law, but one which is conditional on the good faith and proper purposes of the stockholder.

Go to article

Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38 Feb 1932

Federal Practice - Class Suits - Community Of Interest Under Federal Equity Rule 38

Michigan Law Review

Plaintiff filed suit in a federal court, sitting in equity, in behalf of himself and others, to enjoin the collection of an illegal tax imposed by North Carolina upon peddlers of foreign fruit within that state. He alleged that 400 others were similarly situated and that over 100 of them had contributed to the expense of the litigation. Held, the individual legal remedy available under state statute was inadequate in view of the multiplicity of suits it necessitated, and the plaintiff was entitled under Federal Equity Rule 38 (post) to bring a class suit to enjoin the collection of …

Go to article

The Principal's Warranty And Offset Claims Against The Creditor As Defenses To The Surety, Victor Levine Dec 1931

The Principal's Warranty And Offset Claims Against The Creditor As Defenses To The Surety, Victor Levine

Michigan Law Review

When a buyer seeks to purchase goods on credit, the seller often refuses to make the sale unless the buyer procures some third person to become liable for the price; and the seller also exacts the privilege of suing either the buyer or the third person or both in the event that payment is not made on the date the price falls due. In a three-party transaction of this sort, the buyer, after the goods are delivered, is commonly called the principal, the seller the creditor, and the third person the surety.

Go to article

Administrative Tribunals-Right To Federal Injunction Against Administrative Orders Jun 1931

Administrative Tribunals-Right To Federal Injunction Against Administrative Orders

Michigan Law Review

The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …

Go to article

Arbitration And Award-Effectof Foreign Arbitration Statute Mar 1931

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. …

Go to article

Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law Feb 1931

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 …

Go to article

Fraud-By Third Party-Mistake As To Nature Of Transaction-Rescission As Remedy Feb 1931

Fraud-By Third Party-Mistake As To Nature Of Transaction-Rescission As Remedy

Michigan Law Review

The plaintiff was injured as a result of the alleged negligence of the defendant company. His attorney induced him to sign a general release, representing that it was only a receipt for seven hundred and fifty dollars paid on account by the defendant company. The plaintiff was illiterate and relied upon the fraudulent representations of his attorney. In an action to set aside the release, held, on a motion for judgment on the pleadings, that the complaint stated a cause of action, and that the plaintiff was not negligent in relying upon the representations of his attorney. Affirmed. Pimpinello …

Go to article

First Prev Next Last