Litigation Commons^™

Practice And Procedure - Reservation Of Decision On Motion For Directed Verdict As Means Of Avoiding Unnecessary New Trials

Michigan Law Review

What may be done to remedy the situation if a jury brings in a verdict in favor of a party against whom a verdict should have been directed? This question becomes pertinent in view of the fact that judges, while hard pressed by counsel in the heat of trial, frequently wrongfully deny a motion for directed verdict and submit the case to the jury. One obvious remedy is the granting of a new trial by the trial judge, or by an appellate court after reversal. But this practice has proved eminently unsatisfactory, for it submits the aggrieved party to the …

Bills And Notes - Bills Of Exchange - Assignment

Michigan Law Review

Under an agreement with the intervener that the intervener would "finance" his purchases of stock, the defendant shipped stock to the garnishee, drawing on the garnishee in advance for the purchase price, the intervener being named as payee. With knowledge of the drawing of the draft, the garnishee received and sold the stock, but was thereafter served with summons in this garnishment suit before acceptance or payment of the bill. Held, that the intervener is entitled as equitable assignee to the amount of the draft as against the plaintiff. Baird v. Simonstad, (Minn. 1934) 258 N. W. 570.

Parties-Real Party In Interest

Indiana Law Journal

No abstract provided.

Recording - Operation Of The Recording Acts On Quitclaim Deeds

Michigan Law Review

A conveyed two specific lots in Harris County to B. Before that deed was recorded, and while the lots were still vacant, A conveyed several specific tracts of land to C and added a blanket clause of "all other lands and interest in lands belonging to A in Harris County"; C made a like conveyance to D; D conveyed the two specific lots in question to E by warranty deed; E conveyed the two lots to plaintiff by warranty deed sixteen years after the deed to C. All the deeds in the second chain of title were …

Corporations-Trust Indenture-Bond And Indenture Provisions Giving Notice To Security Holders Of Limitations Upon Right To Sue

Michigan Law Review

In a recent comment in this Review it was pointed out that many corporate bonds contain a clause referring the bondholder to the trust indenture, under which the bonds are issued, for a description of his rights with respect to the bond. The main purpose of this reference clause is to give the holder notice of the limitations upon his right to sue either at law upon the bond or in equity upon the security. These limitations, whatever they may be, are generally too numerous to reprint on the bond, and hence they are found only in the indenture. One …

Attachment—Failure Properly To Index Writ As Affecting Constructive Notice; Criminal Law—Indictment And Information—Motion To Set Aside Judgment After Conviction Pleading Statute Of Limitations; Damages—Breach Of Agency—Burden Of Proof; Executors And Administrators—Right To Appoinment—Testamentary Selection—Effect; Mechanics' Liens—Statute Of Limitations On Filing Of Liens—Completion And Abandonment; Taxation—Exemption Of Property Of Municipal Corporations—Power To Tax; Workman's Compensation—Status Of Widow Who Married Injured Workman Subsequent To Time Of Injury, J. J. L.

Washington Law Review

No abstract provided.

Exemplary Damages In Indiana, Corbett Mcclellan

Indiana Law Journal

No abstract provided.

Wills - Statute Of Nonclaim As Bar To Contingent Claim

Michigan Law Review

Plaintiff, the receiver of an insolvent state bank, filed a claim against the estate of deceased who had been a stockholder in the bank. The estate had been closed for twelve years when the claim was filed, the bank not having become insolvent until eight years after the decedent's death. The state constitution provided double liability for the stockholders of the bank to its creditors. Defendant urged that the claim was barred by the statute of nonclaim. Held, the claim is not barred, for the constitutional liability was not a "claim or demand, contingent or absolute," against the stockholder's …

Monongalia County Court Records, L. D. Arnett, James P. Weaver

West Virginia Law Review

The purpose of this paper is to invite the attention of the bar of this state to an undertaking which is expected to prove interesting and valuable to that group. A thorough examination and classification of the court records of Monongalia County, West Virginia, is being conducted under the direction of West Virginia University and the Committee on Legal History of the State Bar Association. The object is to render the material contained in the records available for historical and legal research.

Corporations-Trust Indenture-Notice To Security Holders Of Contents Of Indenture

Michigan Law Review

Ever since corporate bonds made their appearance more than a century ago, there has been a steady increase in difficult problems relating thereto. Not the least interesting of these problems pertains to the matter of notice to holders of the bonds and other securities of the contents of the indenture under which they are generally issued. The question becomes acute when one of these bondholders starts suit in law or in equity, and is met by the proposition that his right to so sue is limited by the trust indenture. There are two aspects to the matter, and it is …

Foreign Enforcement Of Actions For Wrongful Death, William H. Rose

Michigan Law Review

Actions for wrongful death have a long history in the common law. Homicide was once a private matter giving rise to the blood feud and later to the wergild, whereby a money substitute replaced private warfare. With the development of criminal law the crown took jurisdiction over all killings. At a time when all felonies carried with them the death penalty, forfeiture of chattels and escheat of lands, the right to sue for wrongful death was scarcely of practical importance. This was especially so since felony included negligent killing, and even an accidental killing required the king's pardon if …

Agency—Liability Of Undisclosed Principal For Unauthorized Acts Of Agent; Constitutional Law—Delegation Of Legislative Power To A Foreign Body; Evidence—Parol Evidence Rule—Collateral Agreements, E. G. N.

Washington Law Review

No abstract provided.

Agency—Liability Of Undisclosed Principal For Unauthorized Acts Of Agent; Constitutional Law—Delegation Of Legislative Power To A Foreign Body; Evidence—Parol Evidence Rule—Collateral Agreements, E. G. N.

Washington Law Review

No abstract provided.

Are Unfair Methods Of Competition Actionable At The Suit Of A Competitor?, Grover C. Grismore

Michigan Law Review

The steps which have recently been taken, both through federal and state legislation, to regulate trade practices by outlawing what have been denominated "unfair methods of competition" have brought to the fore a problem that has vexed lawyers and legal writers for a long time. The question is whether a competitor who has been injured as a result of a rival's use of one of the condemned methods of competition can maintain any action either at law or in equity against the wrongdoer. Contrary to what has always been the practice in drafting so-called "anti-trust" laws, the legislation dealing with …

Conflict Of Laws - Federal Employers Liability Act - Jurisdiction Of State Courts Over Foreign Causes Of Action Between Nonresident Parties, H. F. B.

Michigan Law Review

The historical classification of actions for personal injuries as transitory imposes no limitation upon the prosecution of foreign suits, either by reference to the residence of the parties or the place in which the action arises. Whenever jurisdiction of the person of the defendant is obtained, the power to hear and determine this type of tort action inheres in every court having jurisdiction of the subject matter. An extreme application of the doctrine of the transitory character of personal actions is not infrequently permitted under the statutes as to venue, wherever suits between parties, all of whom are nonresidents of …

Evidence - Admissibility Of Parol Evidence Showing That Contract In Writing Was Executed Only As Sham, John E. Tracy

Michigan Law Review

An individual is sued on a written contract or, suing on an alleged oral agreement, is confronted by a written contract which he has signed. He offers testimony that, although he executed the instrument which bears his name freely and with full knowledge of its contents, he is not to be held liable thereon because the agreement between the parties was that it should never be legally enforceable, the sole purpose of its execution having been to deceive some third person into a belief that the parties to the instrument had contracted together as in the instrument set forth.

Improper Service Of Notice On Minor Heirs In Administration Sale—Effect On Validity Of Sale—Notice Jurisdictional; Inheritance Tax—Applicability Of Equitable Conversion; Mortgages—Refusal Of Confirmation—Inadequacy Of Price Bid—Effect Of Financial Depression; New Trial—Impeachment Of Verdict By Affidavit Of Juror—Compromise Verdict; Usury—Intent Necessary To Make Sale On Credit Usurious, R. T. Y.

Washington Law Review

No abstract provided.

Aliens-Right Of Illegally Present Alien To Sue-Tortsplaintiff's Violation Of Statute

Michigan Law Review

The plaintiff was injured when struck by an automobile operated on the public way by defendant Long. He brought two suits in tort, one against Long, the other against Adamski, the owner of the car. Defendants contested his right to sue on the ground that he was in the country admittedly in violation of the immigration laws. They offered the further objection that his illegal presence made him a trespasser on the highway, and hence, under the Massachusetts doctrine, he was ineligible to maintain a suit arising from mere negligence. Held, plaintiff's unlawful residence in the country was no …

Declaratory Judgment Act-What Constitutes A Controversy Within The Scope Of The Act

Indiana Law Journal

No abstract provided.

Penalties As Affected By Good Faith Litigation, Robert E. Hardwicke

Michigan Law Review

There are many state laws, as well as the so-called National Emergency Acts and other federal laws, providing for the imposition of penalties for the violation of a statute, or an order or regulation of a board, commission, or executive officer. Under, the National Industrial Recovery Act, sec. 3 (f), penalties are fixed for the violation of codes promulgated thereunder. In many instances the penalties are cumulative, each day's violation being a separate offense.

The primary question here to be discussed is whether good faith litigation as to the validity of such a law, code, order or similar regulation gives …

Administrative Officer—Reliance Upon Construction Of Statute By; Insurance—False Statement In Application—Intent To Deceive—Evidence; Landlord And Tenant—Duty Of Landlord To Furnish Heat, Water, Elevator Service, Etc.; Real Estate Agents—Necessity For Authorization In Writing; Real Property—Recording Act—Priorities—Recent Statutory Change; Specific Performance—Community Property; Taxation—Inheritance Taxes—Exemptions—Proceeds Of Life Insurance Policies; Water And Watercourses—Irrigation Districts—Nature And Status As Municipal Corporations—Special Legislation, C. P. Z.

Washington Law Review

No abstract provided.

Wills-Contract Not To Contest

Michigan Law Review

A testatrix left the bulk of her estate to the plaintiff whom she named as her executor. Defendant, dissatisfied with his bequest, threatened to contest the will. Thereupon, the parties entered into a contract whereby the plaintiff agreed to give the defendant a piece of land and a sum of money in addition to his legacy in consideration of defendant's promise not to contest the will. Shortly thereafter defendant joined relatives of the decedent in opposing probate. In an action in equity to specifically enforce the agreement, held, that the contract was valid and that the defendant be permanently …

Constitutional Law—Construction Of Constitutional Provisions; Constitutional Law—Due Process—Closing Hours Of Barber Shops; Criminal Law—Argument And Conduct Of Counsel—Death Sentence; Divorce—Power Of Court To Modify Decree As To Alimony; Insurance—Fidelity Bonds—Recovery For Defalcation; Lis Pendens—Affect On Holders Of Unrecorded Deeds Or Encumberances, L. B. D.

Washington Law Review

No abstract provided.

Duress—Busines Compulsion—Recovery Of Payments; Husband And Wife—Confidential Communications; Husband And Wife—Liability For Expenses Of Last Illness And Funeral; Statutes—Construction—Emergency Relief Legislation; Torts—Negligence—Last Clear Chance, G. V. P.

Washington Law Review

No abstract provided.

Motor Carrier Litigation In The Supreme Court Since 1929, John J. George

Kentucky Law Journal

No abstract provided.

Trust Receipts- Rights As Between The Parties

Michigan Law Review

The defendant financed purchases of automobiles by plaintiff, a retail dealer, in the following manner. The manufacturer would send the bill of lading and draft on plaintiff to a bank acting as agent for defendant. The bank would advance the amount of the draft and deliver the bill of lading to plaintiff, taking a trust receipt on the cars. This trust receipt recited that defendant was the owner of the automobiles and might retake possession at any time. On breach of the agreement, defendant retook possession of the cars with plaintiff's consent and thereafter sold them without plaintiff's knowledge. Plaintiff …

Alternative Parties And The Common Law Hangover, Dale E. Bennett

Michigan Law Review

Professor Edson R. Sunderland stated in 1920 that a glaring failure chargeable to the legal profession in America was "its ignorance and indifference to improvements in procedural practice developed in other jurisdictions," pointing out that while discoveries by foreign scholars in the field of medicine were eagerly accepted, similar innovations in the field of law were uniformly ignored regardless of merit. Such apathy is largely attributable to the legislatures, but the courts cannot be given an entirely clean bill of health, for attempted procedural reforms have often been nullified, in whole or in part, by technical construction and an attempted …

Equity - Election Of Remedies - Deceit After Rescission

Michigan Law Review

Plaintiff purchaser rescinded a contract of sale on the ground of fraud and sued defendants in a deceit action, alleging as damages a payment made on the purchase price and special expense incurred by reason of making the purchase. Held, recovery for both items of damage will be allowed. Copeland v. Reynolds, (N. H. 1933) 164 Atl. 215.

Assignments—Future Wages—Under Contract, Employment Or Possible Contract Or Employment; Banks—Right Of State Banks To Procure Deposit Insurance; Constitutional Law—Taxation—Corporate Franchises; Contracts—Third Party Beneficiaries—Sureties On Building Contracts; Corporations—Remedies Of Receiver In Collection Of Unpaid Stock Subscriptions; Estoppel—Appointment Of Receiver; Resulting Trusts—Presumptions—Payment Of The Purchase Price—Effect Of Relationship; School Districts—Liability For Negligence;, C. P. Z.

Washington Law Review

No abstract provided.

Corporations - Dissenting Stockholder's Suit -Conditional Decree

Michigan Law Review

The directors and majority stockholders of a Minnesota mining corporation which. needed financing were also the directors and majority stockholders of another Minnesota mining corporation which had a large surplus. They decided to consolidate the two in order to finance the one, offering the stockholders of each corporation a share for share exchange, which would result in the stockholders of the unsuccessful corporation having a 9/16 control of the consolidated corporation. Dissenting stockholders, holding 18/100 of 1% of the total stock in the successful corporation, brought a bill to restrain the consolidation and to have a receiver appointed to take …