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Full-Text Articles in Legal Remedies

Injunctions In California, William Consiglia Jan 1931

Injunctions In California, William Consiglia

Student Theses

No maxim is more firmly rooted in English and American
jurisprudence than the one which, given a free translation,
decries that, "no wrong shall exist without a remedy."
In conformity with the spirit of this ancient maxim, when
the English Lord Chancellors of former times found the
common-law writs inadequate to redress particular
grievance, they invented an extraordinary remedy
to which they afterwards frequently resorted, but
cautiously, to meet the exigencies of such cases as
they arose, to prevent hardship and injustice. They
viewed such extraordinary forms of relief very much
as the medical profession does poisonous antidotes,
to be …

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Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act Dec 1930

Pleading-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight No Violation Of Interstate Commerce Act

Michigan Law Review

See note, supra, on Chicago and N. W. Ry. v. Lindell, 281 U. S. 14, 50 Sup. Ct. 2co, 74 L. ed. (Adv, Op. 272), at page 245 of this number.

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Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy Dec 1930

Election Of Remedies-Pursuit Of Supposed Remedy As Bar To Suit On Existing Remedy

Michigan Law Review

A contracted with B to devise certain lands to B. A conveyed the land to another before his death. B sued C, as executor of the will of A, for damages for A's breach of contract. B's action failed by reason of a plea of the statute of frauds. B then sued C for money expended by him, property delivered, and services rendered in reliance on the alleged contract. Held, B could recover, for the doctrine of election of remedies is no bar unless there are distinct remedies in existence when the action was begun. White v. McKnight (S. …

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Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies Dec 1930

Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies

Michigan Law Review

The plaintiff deposited funds with the defendant, a stock-broker, as security for his margin account. The defendant without authority sold short on the plaintiff's account a large number of shares of stock and threatened to use the plaintiff's deposits to cover the sale unless the plaintiff would authorize a purchase for that purpose. The plaintiff under protest authorized the defendant to purchase the stock, which in the meanwhile had increased in value. The plaintiff then brought suit to recover the difference between the sale and the re-purchase prices plus the defendant's commissions and transfer taxes. Held, on demurrer that …

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Limitation Of Actions-Effect Of Fraudulent Concealment Nov 1930

Limitation Of Actions-Effect Of Fraudulent Concealment

Michigan Law Review

Plaintiff sued in equity for a money judgment on defendant's promissory notes. Defendant had fraudulently represented that her husband's estate was liable on these notes, inducing plaintiff to sue the estate and thus delay for more than six years in starting suit against defendant. Plaintiff had sued defendant at law on the notes, defendant had pleaded the statute of limitations, and plaintiff had discontinued. Held, that plaintiff could recover a money judgment in equity, since the remedy at law was barred by the statute of limitations. Dodds v. McColgan (N. Y. App. Div., 1930) 241 N. Y. S. 584.

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The Law Of Set-Off And Recoupment In West Virginia, Russell S. Ritz Apr 1930

The Law Of Set-Off And Recoupment In West Virginia, Russell S. Ritz

West Virginia Law Review

No abstract provided.

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Replevin-Defense Of Paramount Right To Possession In A Third Person Jun 1929

Replevin-Defense Of Paramount Right To Possession In A Third Person

Michigan Law Review

Courts are often heard to say, as does the Wisconsin court in a recent case, that an action of replevin may be defeated by proof of title paramount in a third person, even though the plaintiff has shown a right to possession as against the defendant sufficient to support an action of trespass. This seems so anomalous, so opposed to our notion of other possessory actions, for example, trespass, and even trover, where the plaintiff need show only a better right to possession to recover, that we are led to wonder how such a doctrine ever obtained a foothold in …

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Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold Mar 1928

Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold

Michigan Law Review

Where a breach of contract takes place several courses of conduct are normally open to the aggrieved promisee. He may bring an action for damages. He often may rescind for the breach. He sometimes may sue for specific performance. He may accept later performance on account. He may try to persuade the defaulting party to live up to the contract. He may for the time being ignore both the contract and the breach. If he follows certain of these courses of conduct others may thereby become impossible. He thus has an election of remedies, a choosing between inconsistent courses of …

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Equity-Bill To Remove Cloud From Title Feb 1928

Equity-Bill To Remove Cloud From Title

Michigan Law Review

Plaintiff who was holder of a long term lease on the land and buildings in Chicago known as the Auditorium found that its plans for rebuilding so as to secure a return commensurate with its investment were seriously interfered with by the defendant lessors who took the position that wrecking the old building would constitute such waste as would work a forfeiture of the lease. The publicity of these claims, made the financial underwriters insist on a settlement of them before advances were made. Under this posture of affairs, the plaintiff filed a bill in the United States District Court …

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Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties Feb 1928

Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties

Michigan Law Review

Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?

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Garnishment Of Alimony, Fowler V. Harper Jan 1928

Garnishment Of Alimony, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

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Injunction Against Search By Police Officers Jun 1927

Injunction Against Search By Police Officers

Michigan Law Review

A nice equipoise of public and private interest is disclosed in the case of Des Moines Drug Co. v. Doe, in which the Iowa Supreme Court recently had occasion to consider questions raised by a bill in equity to enjoin a search by police officers endeavouring to enforce the liquor laws.

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Declaratory Judgments Under State Statutes In Federal Courts Mar 1927

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.

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The Early Liability Of A Bailee, Norman F. Arterburn Mar 1927

The Early Liability Of A Bailee, Norman F. Arterburn

Michigan Law Review

All discussion of the origin of the absolute liability of a common carrier of goods naturally harks back to the earliest conception of a bailment and its related remedies. We have had two diametrically opposed views urged as to the first liability of the ordinary bailee. Justice Holmes and numerous other authorities take the view that the liability in the' first instance was absolute in the case of all bailees. Professor Beale is the exponent of the opposing view, that such liability was qualified to such an extent that it amounted in fact, only to negligence liability. An interpretation of …

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Privity Of Parties And Attack For Fraud On Judgments Of Sister State Dec 1926

Privity Of Parties And Attack For Fraud On Judgments Of Sister State

Michigan Law Review

An interesting recent decision in Minnesota, Schendel v. C. M. & St. P. Ry. Co., raises two important questions concerning the effect to be given in one state of the Union to a judgment rendered in the courts of another. An action was brought in Minnesota by a special administrator, there appointed, to recover damages for the death of his decedent. The accident resulting in death had occurred in Iowa while the decedent, it was claimed, was engaged in inter-state commerce, so as to bring the claim within the federal statute. To this Minnesota action the defendant set up …

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Extraordinary Legal Remedies, By Forest G. Ferris And Forest G. Ferris, Jr., C. Severin Buschmann Nov 1926

Extraordinary Legal Remedies, By Forest G. Ferris And Forest G. Ferris, Jr., C. Severin Buschmann

Indiana Law Journal

No abstract provided.

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Equity--Specific Performance--Mutuality Of Remedy, E. H. Y. Jun 1926

Equity--Specific Performance--Mutuality Of Remedy, E. H. Y.

West Virginia Law Review

No abstract provided.

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The Doctrine Of Price V. Neal, Ralph W. Aigler Jun 1926

The Doctrine Of Price V. Neal, Ralph W. Aigler

Michigan Law Review

In 1715 the case of Jenys v. Fawler, et al. came before Lord Raymond at the Guildhall. It was an action by the indorsee of a bill of exchange against the acceptor who offered to prove by witnesses who were acquainted with the drawer's signature and who believed that the signature of the drawer appearing on the bill in suit was not genuine, that the bill really was a forgery. The Chief Justice refused to admit the testimony "from the danger to negotiable notes, and because a man might with design write contrary to his usual method." This indicates that …

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Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract Jun 1926

Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract

Michigan Law Review

Plaintiff entered into a contract to sell his grocery business to the defendant for a specified amount, part payment to be by way of the conveyance of a house and lot owned by the defendant, the title to pass upon payment by the plaintiff of certain outstanding debts of the grocery business. Subsequent to the execution of the contract, but before conveyance of the house and lot and while the defendant was still in possession, the house was destroyed by fire and the plaintiff sues to have $2,500 substituted, that amount being the agreed valuation at which the property was …

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Parent And Child-Action By Parent For Loss Of Services Of Child-Contributory Negligence Of Child As A Defense Apr 1926

Parent And Child-Action By Parent For Loss Of Services Of Child-Contributory Negligence Of Child As A Defense

Michigan Law Review

It appears to be axiomatic with the courts that a parent cannot recover damages for the loss of services of a child, because of an injury negligently inflicted by a third person, if the child was guilty of contributory negligence. Nearly all of the decisions on this point have been reached without any reason being given for the result. Typical opinions, in which any explanation of the rule is conspicuously avoided, may be found in Chicago & G. E. Ry. Co. v. Harney, 28 Ind. 28; Dietrich v. Baltimore, etc. Ry. Co. 58 Md. 347; Cleveland C. & C. …

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Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person? Mar 1926

Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person?

Michigan Law Review

When a carrier delivers goods to an improper person, a nice question arises as to whether the carrier may recover the goods from a bona fide purchaser who bought from the one to whom the carrier delivered. Let us consider first a comparatively simple case.

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Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law Jan 1926

Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law

Michigan Law Review

An estoppel has been defined as "an impediment or bar, by which a man is precluded from alleging, or denying a fact, in consequence of his own previous act, allegation, or denial to the contrary". Jacob. In both law and equity estoppels were introduced at a very early date. Legal estoppels long antedated Coke, who attempted to enumerate them. Co. LIT. (17th ed.) 352, a. In fact, in some forms, as the estoppels by deed and of record, legal estoppels must have existed from the early beginnings of the common law. The doctrine which gave rise to equitable estoppels also …

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Subrogation-The Effect On Equity Jurisdiction Of The Legal Remedy Becoming Adequate Jun 1925

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 …

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The Remedies Of A Landlord Against A Subtenant May 1925

The Remedies Of A Landlord Against A Subtenant

Michigan Law Review

As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …

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Are All Permanent Injunctions Temporary? Feb 1925

Are All Permanent Injunctions Temporary?

Michigan Law Review

Injunctions may be classified with reference to the stage in the cause at which they are granted, viz. at a preliminary bearing, or at a final bearing, and they may be classified with reference to the time for which they are to stand, viz. for a limited period, or in perpetuity. For the first distinction we have a superfluity of terms. "Temporary," "provisional," "interlocutory," "ad interim" "pendente lite" indicate the first class: "permanent," "perpetual," "final," indicate the second class. But unfortunately several of these terms also suggest the character of the injunction with regard to …

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Simplified Civil Procedure Under The Wisconsin Code Jun 1924

Simplified Civil Procedure Under The Wisconsin Code

Michigan Law Review

A rare illustration of the possibility of simplified procedure, under the modern codes, is presented by a recent decision of the Wisconsin court. Singularly enough the case was also productive of some very interesting problems of substantive law, and will be commented upon, from that standpoint, elsewhere in this publication. As for the fact situation, it will be sufficient for our present purposes, to note that the plaintiff was injured, while riding as a guest, as the result of a collision occasioned by the negligent driving of her host and the operator of another automobile. The guest and the driver …

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Remedies, Rights, And Equitable Estates Jun 1924

Remedies, Rights, And Equitable Estates

Michigan Law Review

Reasoning from remedies to rights has always been in vogue. In primitive law, as Sir Henry Maine observed, the law of actions has such ascendency that "the substantive law has at first the look of being gradually secreted in the interstices of procedure." EARLY LAW AND CUSTOM, 389. As law matures, the distinction between substantive and adjective law becomes clearly recognized and it becomes the common method of legal analysis to found conclusions as to rights and duties upon bases remote from procedure and then to turn to adjective law demanding a remedy for the rights thus established. This process …

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Error Without Prejudice Apr 1924

Error Without Prejudice

Michigan Law Review

An examination of almost any of our reports of decisions now current, will impress one with the great number of cases reported in which the courts discuss the matter of reversal for error as affected by the question of whether prejudice results from such error.

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Injunction As Remedy For Unlawful Taxation Apr 1924

Injunction As Remedy For Unlawful Taxation

Michigan Law Review

Whether or not a court of equity should issue an injunction restraining the assessment or collection of an illegal or wrongful tax is a question concerning which there is little harmony among the cases and writers. 4 POMEROY, EQUITY JURISPRUDENCE, ed. 4, §1781; HIGH, lNJUNCTIONS, ed. 3, §484, p. 363; 37 HARV. L. REV. 255.

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Resale Price Fixing From A Different Angle Mar 1924

Resale Price Fixing From A Different Angle

Michigan Law Review

The proposition that resale price fixing agreements are illegal, while by no means universally accepted, is definitely established in the federal courts as well as in quite a number of the state courts. Whatever we may think of its soundness from an economic viewpoint it will doubtless receive even wider recognition as time goes on. For a collection and discussion of the authorities see 20 MICH. L. REV. 904; 19 MICH. L. REV. 265; 19 A. L. R. 925.

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