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Articles 6751 - 6780 of 6921
Full-Text Articles in Litigation
Injunction—Removal Of Encroachments By An Adjoining Owner; Injunction—Successive Appeals As Nuisance; Landlord And Tenant—Action For Failure To Deliver Premises; Landlord And Tenant—Forfeiture Clause In Lease; Shipping—Limitation Of Liability Of Shipowners; Vendor And Purchasee—Misrepresentations By The Vendor Or His Agent; Workmen's Compensation Act—Who Is Employer, H. H.
Washington Law Review
No abstract provided.
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Michigan Law Review
In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Michigan Law Review
Alert Minnesota lawyers undertake to enlighten aggrieved persons in neighboring States in regard to the procedural advantages to be obtained in Minnesota. As a result of their efforts, a deluge of personal-injury litigation continues to flood the Minnesota courts. These tribunals are crowded with cases between non-residents on causes of action accruing abroad; Minnesota citizens are delayed in the trial of their own suits, and Minnesota citizens pay the bill for the added litigation. In addition, the non-resident defendant, required to appear in Minnesota, is deprived of evidence and is frequently put to useless expenditure; yet the Minnesota court, with …
Contracts - Offer And Acceptance - Silence As Acceptance
Contracts - Offer And Acceptance - Silence As Acceptance
Michigan Law Review
D had engaged P, an attorney, to sue X for $144,000 gotten by fraud, P agreeing to try the case on a 25 per cent contingent fee. While the suit was pending, D began negotiations through local attorneys for a settlement out of court, and asked P on March 4 what his fees would be in the event D accepted a compromise offer. P replied that his fee would be $12,500. On June 16 a settlement was reached, after which P was instructed to discontinue the suit. When D refused to pay the fee P sued. Held, that …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Garnishment Of Public Corporations, Jeff B. Fordham
Garnishment Of Public Corporations, Jeff B. Fordham
West Virginia Law Review
The notion that garnishment of public corporations is against public policy early took root in the minds of American judges. The history of the subject is an interesting commentary on the growth of our law. The policy objection, based principally on the avoidance of inconvenience to public administration, has been accorded wide judicial acceptance with only occasional reconsideration on the merits. Stare decisis and that characteristic, but for the most part commendable, conservatism of bench and bar have done their part to entrench the doctrine. Judicial revolt against it, which has occurred largely in cases involving municipalities, has made only …
Appeal And Error - Application For Separate Trials - Nature Of Order Denying
Appeal And Error - Application For Separate Trials - Nature Of Order Denying
Michigan Law Review
The decedent was riding with his brother as a guest when a collision with another automobile caused his death. The executrix of his estate sued his brother and the driver of the other car jointly. The defendants were suable jointly for their concurring negligences but a statute authorized the court in its discretion to allow separate trials. Upon an appeal from an order overruling an application by the defendants for separate trials the court held that it was an "intermediate order involving the merits or materially affecting the final decision" and thus directly appealable. Manley v. Paysen, (Iowa 1932) …
Recent Cases, W. L. S.
Recent Cases, W. L. S.
Washington Law Review
Insurance—Contest Between First and Second Mortgages; Warrants—Payment of Same Issued in Excess of Statutory Power; New Trial—Newly Discovered Evidence—Personal Injuries; Banks and Banking—Taking Other Than Money in Payment; Malicious Prosectution—Want of Probable Cause
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Bills And Notes - Rights Of Holder Of Bill Against Drawee
Michigan Law Review
An employee of the plaintiff, payee of a check drawn on the defendant bank, indorsed the check without authority and cashed it, retaining the proceeds. The check was sent through the clearance to the defendant bank and charged to the drawer. The plaintiff brought suit against the bank by a complaint in the form of damages for the conversion of a check. It was adjudged for the plaintiff and the defendant appealed. On appeal, the plaintiff insisted that the payment of the check amounted to an acceptance by the defendant bank and that a liability to the plaintiff as payee …
Recent Cases, C. A. H.
Recent Cases, C. A. H.
Washington Law Review
Master and Servant—Workmen's Compensation—Right to Sue for Malpractice of Physician; Negligence of Independent Contractors—Liability for Injuries to Third Persons
Corporations-Validity Of Default Provisions In Trust Mortgages
Corporations-Validity Of Default Provisions In Trust Mortgages
Michigan Law Review
Ordinarily a secured creditor can take action to protect his claim against his debtor. When, however, the creditor is only one of many whose claims are equal in lien and right, it may be undesirable that any single creditor should be able to take independent action. This fact has led draftsmen to insert in corporate mortgages provisions limiting the rights of minority bondholders to take action in the event of default under the mortgage. The use of such provisions has created an apparent hotbed of judicial dissension.
Recent Cases, H. S.
Recent Cases, H. S.
Washington Law Review
Landlord and Tenant—Duty to Repair; Municipal Corporations—Powers—Sale of Excess Electrical Energy; Witnesses—Impeachment—Conviction of Crime—Nature of Offense; Wills—Construction of a Gift to a Wife by Name—Effect of Divorce
Pleading-Actions For Death Of Minor Child-Damages
Pleading-Actions For Death Of Minor Child-Damages
Indiana Law Journal
No abstract provided.
The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume
The "Common Questions" Principle In The Code Provision For Representative Suits, William Wirt Blume
Michigan Law Review
When the object of a creditors' suit is to reach, establish and administer assets in the hands of a trustee who holds them for the benefit of all the creditors, the suit must be by all the creditors or by one or more for the benefit of all. In other types of creditors' suits, for example to set aside a fraudulent conveyance, joinder of all the creditors is not required. Each may sue alone, two or more may join, or one or more may sue for the benefit of all.
Bills And Notes - Authority To Fill In Blanks - Effect Of Death Of Maker
Bills And Notes - Authority To Fill In Blanks - Effect Of Death Of Maker
Michigan Law Review
H gave W his note in blank with authority to fill it in at $50,000 when she wished, the note representing W's interest in their joint property. W filled in the blanks after H's death and sued H's estate on the note. Held, the authority to fill in was not revoked by H's death, for it was a power coupled with an interest. In re Ferrara (N. J. 19 3 l) 156 Atl. 265.
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Michigan Law Review
On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."
Recent Cases, A. D.
Recent Cases, A. D.
Washington Law Review
Corporation—Trust Fund Doctrine—Right to Rescind Stock Subscription after Insolvency; Liability of Gas Company—Negligence—Failure to Notify Users of Interruption in Pressure; Taxation—Penalties—Effect of Statute; Duress—Business Compulsion; Purchase on Margin—Gambling Transactions—Intention of Parties
Civil Pleading In Scotland, Robert Wyness Millar
Civil Pleading In Scotland, Robert Wyness Millar
Michigan Law Review
Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …
Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente
Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente
Michigan Law Review
In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …
Liability Without Fault And Proximate Cause, Fowler V. Harper
Liability Without Fault And Proximate Cause, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Equity-Injunction-Enjoining Suits In Another State
Equity-Injunction-Enjoining Suits In Another State
Indiana Law Journal
No abstract provided.
Equity - Power To Rescind Conveyance For Fraud - Survival
Equity - Power To Rescind Conveyance For Fraud - Survival
Michigan Law Review
When a party has been induced by fraud to make a conveyance of real estate, he has a choice of remedies against the defrauding grantee. He may seek restitution of the land or its proceeds in equity or at law on a theory of rescission, or he may affirm the transaction and bring an action for the recovery of damages for the deceit. The actions being logically inconsistent, the granter is not allowed to proceed in both, and must elect whether he will have his property returned to him in specie on his restitution of the price received from the …
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Equity - Estoppel By Injunction In Subsequent Suit At Law For Damages
Michigan Law Review
A leased to B a shop to be used as a public market. The lease contained a restrictive covenant by the lessor to lease no other shops for a like purpose. The lessor, however, leased to C, who was engaged in the same business as B, one of the shops so restricted. C took with knowledge of the restrictive covenant in B's lease. B, the plaintiff in this action, secured a final injunction in a New York court enjoining the use by C. Under the New York statute B could have obtained damages under the equity decree, but failed to …
The Foreseeability Factor In The Law Of Torts, Fowler V. Harper
The Foreseeability Factor In The Law Of Torts, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Recent Cases, A. G.
Recent Cases, A. G.
Washington Law Review
Sales—Conditional Sales—Retention of Possession by Vendor; Evidence—Res Gestae—Opinion of a Bystander; Mortgates—Nature of Conveyance—Rights of Mortgagee—Rents and Profits; Boundaries—Deeds—Rights of Riparian Owner
Recent Cases, D. W.
Recent Cases, D. W.
Washington Law Review
Schools and School Districts—Liability—Torts—Negligence of Officer; Sales—Warranties—Implied Warranty of Quality—Food for Stock; Adverse Possession—Color of Title—Claim of Right in Good Faith
Courts-Removal Of Causes-Jurisdictional Amount
Courts-Removal Of Causes-Jurisdictional Amount
Michigan Law Review
Two suits for personal injuries, in each of which a claim for $5,000 was made, were removed to the federal court by defendant. Plaintiff's counsel in his opening statement said that as the result of the injuries one plaintiff was unable to work for two weeks and visited his doctor seven times and that the other was away from work for three weeks and also saw his doctor seven times. The wages of the first plaintiff were $55 a week; those of the second averaged $75 a week. He further stated that the injuries were not permanent, and that, except …
Mortgages-Assumption-Liability Of Grantees To Mortgagor
Mortgages-Assumption-Liability Of Grantees To Mortgagor
Michigan Law Review
Three successive grantees to a plot of land purchased it subject to a first and second mortgage and assumed the obligation to pay the notes which the mortgages secured. Foreclosure proceedings by the first mortgagee absorbed the entire value of the land. The second mortgagee then extended the time payment on the note to the last grantee without the consent or knowledge of the mortgagor or of the intermediate grantees. Such action released the intermediate grantees from liability on the note, for they were only secondarily liable, but did not release the mortgagor, for he as maker was primarily liable …
Recent Cases, H. S.