Suchergebnisse

"The World Do Move" was the subject of an address by Judge Joseph C. Hutcheson to members of the Association of American Law Schools shortly after the decision of the Supreme Court in Funk v. United States.' He used the opinion in that case as evidence that the courts do likewise even in matters of procedure when legislatures lag. With his usual finesse and subtle sense of humor, he did not specify the rate of motion or mention the magnitude of the movement. The time lapse was a mere 144 years and the memorable advance was from the position where a wife was incompetent to testify at the trial of a criminal prosecution in which her husband was an accused to the stage where she is competent to testify in his favor though still generally incompetent as a witness against him. This glacier-like rate of progress makes comparison heartening in terms of geologic periods, but it can hardly be a source of gratification in measuring the improvement in the administration of justice by courts in a time of rapidly changing physical and social conditions. And our adversary system makes entirely impracticable the process of comprehensive procedural reform by judicial decision in contested cases.

Construction and Sufficiency on Demurrer: A pleading must be construed in the light of matters judicially noticed; an allegation of facts from which the inference of the existence of an essential fact is no more reasonable or is less reasonable than an inference of its non-existence is not the equivalent of an allegation of that essential fact. . Thus in an action against a Pension Board for money due, a demurrer to the bill of complaint specifying only the failure to allege a ground of recovery does not raise the question whether the decision of the Pension Board is made final and conclusive by a pertinent statute. Amendment--Oral Pleadings--Effect of Trial: In Tennessee the courts are especially liberal in permitting amendments in order to avoid arrest of judgment after trial and verdict. . Same--Adding New Parties Plaintiff: In an action for wrongful death brought by the administrator of the intestate's estate, an amendment which adds as parties plaintiff the next of kin for whose benefit the action is brought does not change the cause of action and is properly allowed. . Remedies--Certiorari--Common Law and Statutory-Non-judicial Tribunal=-Requisites of Petition: At common law certiorari from an inferior court.

PLEADING Generally: Pleadings are construed liberally in favor of the pleader,and this is particularly true when the attack is made after judgment. Use of Several Counts: It is entirely proper under prevailing practice to state the same cause of action in several counts, each setting forth a different theory or ground of recovery; but they must not be so framed as to make the declaration prolix and unduly repetitious. Same-Pleading Evidence of Ultimate Fact: In most jurisdictions with a typical code, allegations of evidence from which the ultimate fact may be deduced, whether or not the deduction is expressly averred by the pleader, are insufficent against a demurrer for failure to state a cause of action. ============================== PARTIES Parties-Proper-Generally: A person who makes an unconditionalbid at a sale of realty ordered by the chancellor which is accepted becomes a party to the proceeding. If he secretly intends to buy onlyafter inspection and thereafter refuses to perform after inspection,he is guilty of contempt of court. ============================== PRESUMPTIONS Generally: The current opinions of our courts do little to dispel the confusion which afflicts the subject of presumptions generally. Courts and legislatures continue to use the term "conclusive presumptions"; but when the latter do so, the court is required to determine whether they mean what they say.

The Articles of War and the Articles for the Government of the Navy have always constituted the code of criminal law and criminal procedure for the Armed Forces. In contrast to the law governing civilians, the punishments imposable are not specified in the Code but are left to be fixed by the military authorities, except that the later codes do not authorize punishment by death save for specifically designated offenses. The system also provides for summary punishment for minor infractions and a series of courts--a general court having power to try all offenses, a special court with limited power to impose punishment and a so-called summary or deck court with very limited powers. Unlike the civilian courts, each of which has a permanent judge or group of judges, the court-martial is appointed by military authorities to try a designated case or series of cases. In this respect, it resembles the civilian jury rather than the civilian court, but its members under the orthodox system perform the functions of both judge and jury in determining guilt and fixing sentences.

Readings in Jurisprudence and Legal Philosophy By Morris R. Cohen and Felix S. Cohen New York: Prentice-Hall, Inc., 1951. Pp. viii, 944, $8.50 ================================ Jurisprudence: Men and Ideas of the Law By Edwin W. Patterson Brooklyn: The Foundation Press, Inc., 1953. Pp. viii, 649. ================================== Jurisprudence -- Its American Prophets By Harold Gill Reuschlein Introduction by Roscoe Pound Indianapolis: The Bobbs-Merrill Company, Inc., 1951. Pp. xii, 527, $7.50 ================================== Law and Society in Evolution By Sidney Post Simpson and Julius Stone Introduction by Roscoe Pound St. Paul: West Publishing Co.,1948. Pp. xlvi, 692 ===================================== Law in Modern Democratic Society By Sidney Post Simpson and Julius Stone Introduction by Roscoe Pound St. Paul: West Publishing Co., 1949. Pp. xlii, 1952 ====================================== Law, Totalitarianism and Democracy By Sidney Post Simpson and Julius Stone Introduction by Roscoe Pound St. Paul: West Publishing Co., 1949. Pp. xlii, 2389 reviewer: Jay W. Murphy =============================== The Strange Case of Algier Hiss By The Earl Jowitt. Garden City: Doubleday, 1953. Pp. 380. reviewer: Edmund M. Morgan =============================== The New Science of Politics By Eric Voegelin Chicago: University of Chicago Press, 1952. Pp. xiii, 193. $3.00. reviewer: Reginald Parker