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Articles 1 - 30 of 44
Full-Text Articles in Law
A Comment On Damages In Unlawful Detainer Actions In Washington, Cornelius J. Peck
A Comment On Damages In Unlawful Detainer Actions In Washington, Cornelius J. Peck
Washington Law Review
One might hope that the damage aspects of litigation under a statute enacted in 1891 would now be so well explored and thoroughly understood as to be beyond the area of current comment. However, the product of the years has been an accumulation of inconsistent and ambiguous statements as well as a few instances of obvious conflict between decisions, all of which goes to make a review appropriate. Moreover, a recent decision of the supreme court in a case which has already been noted in these pages holds that set-offs and counterclaims cannot be adjudicated in unlawful detainer proceedings—a holding …
Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach
Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach
Washington Law Review
The statute which creates the husband-wife contract commonly referred to as the community property agreement was first enacted by the Territorial Legislature of 1879. Today's statute is RCW 26.16.120.2 A 1950 Law Review Comment' made a comprehensive analysis of many of the issues raised by the community property agreement. Reference is made to the Comment for background material. This article has a dual purpose: first, to inquire further into some of the issues discussed in the 1950 Comment with particular and detailed attention to creditors' problems, and second, to examine today's practice as to the use of these agreements, looking …
Washington Receivership, Ray Graves
Washington Receivership, Ray Graves
Washington Law Review
A full discussion of the historical development of the law of receivership, of the powers and duties of the numerous kinds of receivers, and of the advantages or disadvantages of receivership as contrasted with bankruptcy and other devices, is beyond the scope of this article. This discussion is limited to an examination of some of the rules governing appointment of general liquidating receivers in the State of Washington. Within that framework we shall examine two facets of the law, viz., (a) the sources and general rules of the law of receivership in Washington, and (b) the procedures to be followed …
Choosing The Share Structure Of A Washington Business Corporation, Douglas Shaw Palmer
Choosing The Share Structure Of A Washington Business Corporation, Douglas Shaw Palmer
Washington Law Review
The principals in a business corporation can make part of their investment in the corporation in the form of loans, and they can defer decision on this until after incorporation. They must, however, make some part of their investment in the form of an ownership or share interest, and they must provide for this in their articles of incorporation. For Washington corporations the choice of these provisions is needlessly complicated by the existing Business Corporation Act. And no improvement is in sight under the American Bar Association- American Law Institute Model Business Corporation Act (hereinafter, "Model Act") which is being …
Turnbow V. Commissioner—Rejection Of The "Boot" Exception To A Type B Reorganization?, F. Robert Debruyn
Turnbow V. Commissioner—Rejection Of The "Boot" Exception To A Type B Reorganization?, F. Robert Debruyn
Washington Law Review
The United States Supreme Court in Turnbow v. Commissioner may have interpreted the Internal Revenue Code to preclude the receipt of "boot" in a non-taxable, stock for stock reorganization. Although the Court was interpreting the application of Section 112 of the 1939 Code, the decision may be decisive in the interpretation of the parallel sections in the 1954 Code.
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey
Washington Law Review
No abstract provided.
The Challenge Of Apportionment, Donald B. King
The Challenge Of Apportionment, Donald B. King
Washington Law Review
During the past half century, one of the most significant problems in the area of community property has been the apportionment of income or of an increase in value in situations involving the expenditure of community labor on separate property. Arising out of a conflict between fundamental community property concepts, this problem has served to perplex lawyers and judges alike. Confronted with the problem, courts have designed a number of systems of apportionment with wide-ranging consequences. Some of these systems, however, are inequitable, others are inflexible, and still others lack any definite criteria. Despite the efforts devoted toward solving this …
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Real Estate Investment Trusts In Washington, Birney N. Dempcy
Washington Law Review
In 1960 Congress adopted §§ 856-858 of the Internal Revenue Code with the avowed purpose of granting to the small investor in real estate the same federal income tax advantages that are afforded investors in regulated investment companies. However the tax advantages that are granted have not given rise to a general adoption of organizations which qualify for the tax advantages. The major reasons for this lack of interest are the complexity of the sections themselves, problems raised by the regulations (many of which have been rectified by the final regulations which were adopted April 28, 1962), and problems raised …
Federal Estate And State Inheritance Tax Aspects Of The Family Allowance, The Homestead, And The In Lieu Of Homestead Awards, Donna Berg
Washington Law Review
Petitions for setting aside the homestead or for an award in lieu of homestead are relatively common, and the family allowance is often requested. The availability of family support payments as deductions from the decedent's estate for federal estate and state inheritance tax purposes will be considered in this Comment. Their deductibility vel non for Washington State Inheritance Tax purposes is reasonably clear. For Federal Estate Tax purposes, it appears that the homestead or in lieu of homestead award does qualify, but that the family allowance does not qualify, for the marital deduction.
New Trials For Failure Of Substantial Justice, Philip A. Trautman
New Trials For Failure Of Substantial Justice, Philip A. Trautman
Washington Law Review
Of the several grounds for a new trial in Washington, one in particular has created considerable difficulty for the supreme court, the superior court judges, and counsel. The ground in question is set forth in Rules of Pleading and Procedure 59.04W(9), "That substantial justice has not been done." This is followed by the provision that, "In all cases wherein the trial court grants a motion for a new trial, it shall, in the order granting the motion, give definite reasons of law and facts for so doing." The problem has been one of determining the degree of discretion resting with …
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey
Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey
Washington Law Review
It is our hope that this discussion will serve a dual purpose: (1) provide a basis for evaluating the desirability of Article 5 and so aid in an over-all evaluation of the Uniform Commercial Code in this period of pre-enactment consideration of the Code's merits, and (2) provide a point of departure for Washington bankers and lawyers who become concerned with letter of credit problems after enactment of the Code. The first of these objectives seems better served if we undertake with each section a critique of its operation in light of the existing practice. This we have done.
The Child As A Witness, Charles F. Stafford
The Child As A Witness, Charles F. Stafford
Washington Law Review
Most parents will agree that small children have an uncanny ability of being in strange places at unexpected moments. Children are often in the right place at the right time to see people, things and events that are never witnessed by adults. As we know from experience, they often overhear things that adults have felt were said in confidence or were said because they felt there were no witnesses. While this faculty is often a mere source of annoyance to the adult members of the family, it may have considerable impact upon the outcome of some legal action. Unfortunately, the …
Annexation By Municipal Corporations, John E. Iverson
Annexation By Municipal Corporations, John E. Iverson
Washington Law Review
Problems caused by the growth of urban fringe areas have increased, particularly since World War II. As the population of these areas increases, so does the need for public services and the attendant need for effective local government. County government in Washington has remained generally unchanged since its inception one hundred years ago. Conceived in contemplation of a rural, lightly populated area requiring only a minimum of services, county government was not designed to deal with urban problems. As a result, the task of providing governmental services has been assumed by existing municipalities, which, in order to gain the requisite …
Some Aspects Of The Omnibus Clause, David C. Lycette
Some Aspects Of The Omnibus Clause, David C. Lycette
Washington Law Review
The presence of an omnibus clause in automobile insurance policies can be attributed to the highly competitive nature of the insurance industry. Basically, the omnibus clause is designed to give insurance coverage to an un-named person who is driving the policyholder's automobile with the latter's consent. A standard clause reads, With respect to the insurance for bodily injury liability and for property damages liability the unqualified word "insured" includes the named insured and also includes any person while using the automobile and any organization legally responsible for the use thereof, provided the actual use is by the named insured or …
Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople
Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople
Washington Law Review
In Murk v. Aronsen the Washington Supreme Court had occasion to consider a landowner's tort liability where work is placed under the control of an independent contractor. In a 5-to-4 decision the court held that an owner is not liable to a contractor's servant injured by the negligence of a contractor who has control of the premises. By its decision the court has reaffirmed its earlier position, despite a trend toward expanding the exceptions to the rule of non-liability for torts of independent contractors.
Adminstrative Law—Driver's License Suspension—Opportunity To Be Heard, Fred D. Smith
Adminstrative Law—Driver's License Suspension—Opportunity To Be Heard, Fred D. Smith
Washington Law Review
In Gnecchi v. State the Washington Supreme Court failed to take advantage of an opportunity to discredit the right-privilege dichotomy, a concept which the court has used in the past to determine a citizen's interest in his driver's license. The court continued to consider the driver's license a privilege which may be revoked or suspended without a hearing.
Attorney-Client—Disciplinary Proceedings—Mental Competency, Evan L. Schwab
Attorney-Client—Disciplinary Proceedings—Mental Competency, Evan L. Schwab
Washington Law Review
May mental irresponsibility be an effective defense in disciplinary proceedings brought against an attorney? The Washington court answered in the affirmative in the recent case of In re Sherman, setting forth the requirements for such a defense.
Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher
Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher
Washington Law Review
In 1958 the Seattle City Council promulgated Ordinance No. 83784, which regulated the ownership and operation of juke boxes within the city. By the terms of this ordinance, one could own a juke box only upon the acquisition of a "juke box operator's license." Yet the ordinance authorized fewer consents than were already outstanding, and its prospective effect was such as to exclude all but existing licensees from the juke box field. Thus, when L. D. Ragan applied for an "operator's license" his application was denied. Ragan sought a judgment declaring this ordinance unconstitutional, and from an adverse ruling by …
Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard
Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard
Washington Law Review
Recently adopted Initiative 2081 has evoked no small amount of comment, much of which centers about the problems of uncertainty, utility, and questioned reception and treatment by the courts. Although passed with the stated aim of eliminating probate expenses, the uncertainty of the Initiative may well occasion, in the individual case, as much or more litigation expense than probate ever would. This consideration, where survivorship is the end sought, may well lead to increased use of the relatively more certain community property agreement. Because of this possibility of increased use, and because In re Wittman emphasizes the manner in which …
Contracts—Earnest-Money Payments—Vendee's Recovery Denied Where Agreement Fails To Comply With Statute Of Frauds, Stanley H. Barer
Contracts—Earnest-Money Payments—Vendee's Recovery Denied Where Agreement Fails To Comply With Statute Of Frauds, Stanley H. Barer
Washington Law Review
In Schweiter v. Halsey, the Washington Supreme Court held that if a vendor of real property has not repudiated, but is ready, willing and able to perform, the vendee cannot recover payments made upon the purchase price although the earnest-money agreement does not satisfy the Statute of Frauds.
Pleading, Practice And Procedure—Sanctions For Enforcement Of Discovery—Constitutionality Of Rule 37, Richard H. Williams
Pleading, Practice And Procedure—Sanctions For Enforcement Of Discovery—Constitutionality Of Rule 37, Richard H. Williams
Washington Law Review
The Washington Supreme Court recently heard Mitchell v. Watson, a case of first impression concerning the interpretation, application, and constitutionality of Rule of Pleading, Practice and Procedure 37.2 The principles derived from the decision have an important impact upon the successful implementation of Rule 37 in Washington.
Security Transactions—Survival Of Mortgage-Lien On Conditional Vendee's Interest Following Declaration Of Forfeiture, Hartley Paul
Security Transactions—Survival Of Mortgage-Lien On Conditional Vendee's Interest Following Declaration Of Forfeiture, Hartley Paul
Washington Law Review
In Norlin v. Montgomery the Washington court (1) held that a mortgagee of the vendee's interest under a forfeitable real estate contract has a lien on the equity of the vendee, and (2) implied that the lien survives a default by the vendee and a subsequent declaration of forfeiture by the vendor.
State And Local Taxation—County-Imposed Real Estate Sales Tax—Applicabilty To Corporate Transfers In Dissolution, Gordon G. Conger
State And Local Taxation—County-Imposed Real Estate Sales Tax—Applicabilty To Corporate Transfers In Dissolution, Gordon G. Conger
Washington Law Review
Extending the reasoning in Deer Park Pine Indus., Inc. v. Stevens County, Doric Co. v. King County holds that a distribution of a dissolved corporation's sole asset to its sole shareholder, who does not assume an existing debt of the corporation, is not a sale within the meaning of RCW 28.45.050, which authorizes counties to levy a tax on the sale of real estate.
Torts—Interspousal Actions—Personal Torts, Richard H. Williams
Torts—Interspousal Actions—Personal Torts, Richard H. Williams
Washington Law Review
In Goode v. Martinis, the Washington Supreme Court held that a wife has a cause of action in tort for an assault committed upon her by her husband while the parties are legally separated and divorce proceedings are pending. While restricting its holdings to the particular facts, the court rejected the rationale advanced in favor of the common law doctrine of spousal disability.
Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher
Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher
Washington Law Review
Since their development by the English court in Indermaur v. Dames, the categories of trespasser, licensee and invitee have played a significant role in the law of torts. Though they were founded upon nineteenth century notions of liability, and reflect an age which had not yet discarded the feudal principles of landowner's sovereignty, these distinctions have persisted, plaguing courts and litigants alike. While other archaic rules have fallen before the demands of our industrial complex and rising social consciousness, these classifications have endured. Since few valid reasons can be given for their longevity, the distinctions are slowly losing standing under …
Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer
Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer
Washington Law Review
In Miller v. Staton, the members of the Washington Supreme Court disagree on how properly to apply the general rule that a tavernkeeper "owes the duty to his guests to exercise reasonable care to protect them from injury at the hands of a fellow guest."
Landlord And Tenant—Unlawful Detainer—Set-Off's & Counterclaims, Evan L. Schwab
Landlord And Tenant—Unlawful Detainer—Set-Off's & Counterclaims, Evan L. Schwab
Washington Law Review
In Young v. Riley the Washington Supreme Court cited a broken line of decisions, called them "unbroken," and held that set-off's and counterclaims cannot be adjudicated in unlawful detainer actions.
Security Transactions—Priority—Federal Tax Liens And Future Advance Mortgages, Beverly J. Rosenow
Security Transactions—Priority—Federal Tax Liens And Future Advance Mortgages, Beverly J. Rosenow
Washington Law Review
In American Surety Co. v. Sundberg the Washington Supreme Court made a startling encroachment upon the sanctity of a secured mortgage. Using the United States Supreme Court's test of "choateness," the court held that the lien of a mortgage securing future advances is subordinate to federal tax liens filed subsequent to the filing of the mortgage, but prior to advances for which the lien was claimed.
Sales—Automobile Warranties, Daniel B. Ritter
Sales—Automobile Warranties, Daniel B. Ritter
Washington Law Review
A defective switch in a new automobile started a fire that destroyed the entire machine. Under the standard warranty given by all automobile manufacturers, the dealer's only obligation was to supply a new switch. By so deciding, Norway v. Root illustrated the worthlessness of the standard warranty. But the importance of the case lies in the Washington court's intimation that it might invalidate disclaimers of implied warranty in automobile sales were the issue squarely presented.
Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr.
Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr.
Washington Law Review
Prior to the appearance of Farrar v. Tribune Publishing Co., it appeared reasonably clear that in defamation actions, evidence of the defendant's malice or good faith was not admissible for the purpose of enhancing or mitigating damages. Since malice is not an essential element of civil libel or slander, evidence of malice was considered immaterial and hence inadmissible under the Washington rule prohibiting punitive or exemplary damages. The actual malice of the defendant was considered relevant only in those actions which involved overcoming a qualified privilege. Farrar seems to have changed or at least obscured the clarity of these rules.