Chroust: The Rise of the Legal Profession in America

A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chrous

THE SCOPE OF A CIVIL ACTION

In the last fifty years the rules which deal with what Professor Millar happily has called The Compass of the Cause have shown conspicuous advance. This advance is clearly reflected in the Rules of Civil Procedure of the District Courts of the United States, effective in 1938. It is the purpose of this paper, first, to present a complete analysis of the concept: scope of a civil action; second, to show the weaknesses of the codes in dealing with this concept; and, third, to indicate to what extent these, weaknesses have been remedied by the new federal rules (1938)

Smith: James Duane Doty - Frontier Promoter

A Review of James Duane Doty - Frontier Promoter . By Alice Elizabeth Smit

THEORY OF PLEADING A SURVEY INCLUDING THE FEDERAL RULES

In an often-quoted report of a committee of the American Bar Association, Roscoe Pound stated: Pleadings have four purposes: (1) The first is to serve as a formal basis for the judgment. This is the oldest function, and one that goes back before the time of rational, as distinguished from purely mechanical trial of issues. . . . (2) Another is to separate issues of fact from questions of law .... (3) Another is to give litigants the advantage of a plea of res judicata if molested again for the same cause .... (4) Finally, pleadings exist to notify parties of the claims, defenses and cross-demands of their adversaries . . . . The notice-function of pleading is the one that should be emphasized. The function of serving as a formal basis for the judgment should be abandoned, and the other functions will be performed at least as well as now if the notice-function is thoroughly developed and consistently adhered to. A brief history of each of these functions will serve as an outline of the history and theory of pleading in Anglo-American law

Chancery Practice on the American Frontier: A Study of the Records of the Supreme Court of Michigan Territory, 1805-1836

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government in all respects similar to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have a common law jurisdiction

Criminal Procedure on the American Frontier: A Study of the Statutes and Court Records of Michigan Territory 1805-1825

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River