tag:blogger.com,1999:blog-6851150537081482734Tue, 10 Sep 2024 06:42:20 +0000lawUnited StateselectionmurderCaliforniaTexasWaco Beaumont Trinity and Sabine Railway Companyappealassaultcampaigncivil procedurecontractscourtdeclaratory judgmentdemocraticjurisdictionpersonalpersonal jurisdictionpropertyrepublicanhttp://lawtopicblog.blogspot.com/noreply@blogger.com (LawTopic)Blogger10125tag:blogger.com,1999:blog-6851150537081482734.post-2856953442597829898Wed, 05 Nov 2008 15:40:00 +00002008-11-05T08:05:25.380-08:00civil procedurecontractsdeclaratory judgmentelectionjurisdictionlawpersonalpersonal jurisdictionTexasUnited StatesWaco Beaumont Trinity and Sabine Railway CompanyLong Island Machinery & Equipment Co. v. Baird, 117 S.W.2d 565 (Tex. App. - Galveston 1938). This is an appeal from an order of the trial court granting a temporary injunction. It involves a conflict of jurisdiction between the district court of Trinity County and that of the United States for the Southern District of Texas. On December 23, 1936, Paul T. Sanderson, the Receiver of thehttp://lawtopicblog.blogspot.com/2008/11/long-island-machinery-equipment-co-v.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-8345049603315347773Mon, 22 Sep 2008 15:42:00 +00002008-09-22T08:44:29.167-07:00campaigndemocraticelectionrepublicanBefore the New Mexico Republican Party had selected its candidate for the United States senatorial election for the fall's election, the Republican Party's FCC bought advertisements attacking the candidate of the Democratic Party. The Federal Election Commission charged that this spending on advertising was greater than the limits imposed by a provision of the Federal Election Campaign Act upon http://lawtopicblog.blogspot.com/2008/09/advertising-limits-under-feca.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-9211990931039151323Mon, 22 Sep 2008 15:12:00 +00002008-09-22T08:23:00.755-07:00courtUnited StatesAs a general matter, once amended a pleading overrides and replaces the former pleading. The original pleading is no longer in effect and is not part of the pleader's averments. Under the FRCP, the original complaint is superseded by a later filed complaint. Once the amended complaint was accepted by the court of law there was no longer any claim on which the federal district court could exercisehttp://lawtopicblog.blogspot.com/2008/09/amended-pleading-supersedes-original.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-4300572513845558499Sun, 21 Sep 2008 18:41:00 +00002008-09-21T11:42:53.324-07:00propertyWhen examined together with other actions taken by the City, some of the closures placed the original and legal property owners in a difficult position. Reopening the properties required them to obtain costly permits for repairs and navigate a maze of city inspections and municipal law conducted at the property owners' expense. Because the state had evicted the plaintiffs' tenants, the plaintiffshttp://lawtopicblog.blogspot.com/2008/09/difficulties-in-rehabilitation-of.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-7444864419985212594Sun, 21 Sep 2008 18:19:00 +00002008-09-21T11:20:50.444-07:00appealCaliforniaJones advanced the argument that the trial court was in error when it granted Adams’ motion for summary judgment on the grounds that it was invalid for lack of consideration. Subject to certain limited exceptions, a lack of consideration renders unenforceable any contract for the sale of goods under the laws of California.Because Adams raised the defense in his motion for summary judgment, Jones http://lawtopicblog.blogspot.com/2008/09/appeal-of-grant-of-motion-for-summary.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-3809339334750601212Sun, 21 Sep 2008 18:10:00 +00002008-09-21T11:13:54.797-07:00lawUnited StatesThe entry of police officers or other law enforcement into a home without a warrant is valid under the United States Constitution under certain conditions. The following criteria must be met: 1) probable cause for the search, and (2) exigent circumstances that justify dispensing with the warrant requirement. If these criteria are not met, any evidence obtained will not be presented to the jury http://lawtopicblog.blogspot.com/2008/09/warrantless-entry.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-5346859580835229499Sat, 20 Sep 2008 21:56:00 +00002008-09-20T17:31:24.794-07:00assaultlawUnited StatesBrenner did not make a motion for a judgment of acquittal at the close of his trial at law; the court therefore stated that it would review that conviction under the standard of plain error. Brenner’s optimism in the jury’s verdict was misplaced. Both parties in the criminal suit agreed not to make a request for a special verdict. The general verdict returned by the jury against the defendant washttp://lawtopicblog.blogspot.com/2008/09/sufficiency-of-evidence-in-brenner.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-4394557974496451328Sat, 20 Sep 2008 21:46:00 +00002008-09-20T14:57:54.390-07:00lawmurderBrown and Harris appeared at first impression to demand the reversal of Sekou's murder conviction. Case law that came after the events in question in the Supreme Court illuminated the salient issues. A key ingredient of court’s decision and the final disposition of the case in Harris was the state's concession that the crime of robbery for which the defendant had been indicted was the underlying http://lawtopicblog.blogspot.com/2008/09/double-jeopardy-in-lesser-included.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-2260266371140074144Sat, 20 Sep 2008 03:50:00 +00002008-09-19T20:51:50.954-07:00lawJarvis was tried and convicted in June of 2003. The judge and the Florida Superior Court noted that his indictment for second degree armed robbery and third degree aggravated assault were perfectly proper under Florida law as it then existed at the time. Courts are frequently not nearly as confident as are the Florida courts that this submission procedure cannot present a due process problem of http://lawtopicblog.blogspot.com/2008/09/due-process-procedure-in-courts.htmlnoreply@blogger.com (LawTopic)tag:blogger.com,1999:blog-6851150537081482734.post-9072191789868208954Sat, 20 Sep 2008 03:21:00 +00002008-09-19T20:33:30.033-07:00lawmurderUnited StatesA person's right under the Sixth Amendment to a reasonable degree of notice of the charges against him is incorporated into the Fourteenth Amendment to the United States Constitution and it therefore cannot be taken away by the states. In many law suits and appeals fair notice and other types of due process claims are available in habeas corpus. Thomas contends that the murder indictment http://lawtopicblog.blogspot.com/2008/09/notice-of-proof-offered-at-trial.htmlnoreply@blogger.com (LawTopic)