124 research outputs found

    Chroust: The Rise of the Legal Profession in America

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

    THE SCOPE OF A CIVIL ACTION

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    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)

    Review of “Primer of Procedure,” By Delmar Karlen

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    Geology of the Waxahachie Quadrangle, Ellis County, Texas

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    In the Waxahachie Quadrangle, in the northern part of Ellis County, Texas, the Cretaceous Austin and Taylor formations crop out. The contact between these units is uncomfortable and marked by a one-inch red clay bed containing phosphate pebbles. Much of the eastern part of the area is overlain by terrace deposits. Structurally, the quadrangle is part of the homoclinal coastal plain, but is broken by normal faults with throws of up to 100 feet. Most of the faults strike northeast and dip steeply northwest. A few of these dip southeast and a few faults strike northwest. Southwest of Rockett a northeast-trending graben of Taylor in Austin chalk is well exposed along Brushy Creek. Joints with northeast and northwest trends are numerous

    Smith: James Duane Doty - Frontier Promoter

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

    THEORY OF PLEADING A SURVEY INCLUDING THE FEDERAL RULES

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    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

    Woodford: A Life of Justice Woodward

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    A Review of A Life of Justice Woodward. By Frank B. Woodfor
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