Law Commons^™

Moral Obligation As Consideration For A Promise In Washington, Robert L. Palmer

Washington Law Review

Moral obligation has been defined as a duty which one owes and which he ought to perform, but which he is not legally bound to fulfill. In order better to understand this doctrine as applied specifically to the Washington cases and law, let us consider the history and a brief statement of the principle.

Action Against Receiver—Equitable Defenses; Bank-Depositor Relationship—Three Doctrines Relating To Endorsements; Constitutional Law—State Taxation—Interstate Commerce; Evidence—Spontaneous Declarations Of Present Pain; Corporations—Watered Stock; Workmen's Compensation—Compensable Employment—Emergency Relief Work; Landlord And Tenant—Crop Share Rental—Interest Of Landlord In Tenant's Conflict With Seed Company, C. A. C.

Washington Law Review

No abstract provided.

The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren

Washington Law Review

The principle of res judicata as applied to civil litigation is very familiar. Likewise well known in the field of criminal law is the doctrine of former jeopardy It is apparent, however, from an examination of decisions in criminal cases, that aside from the very restricted field of former jeopardy, the application of the general doctrine of res judicata to criminal litigation is not generally appreciated and applied. The doctrine of former jeopardy is of course applicable only where the two offenses are identical, and cannot be invoked if the offenses are distinct, even in cases where the same facts …

1935 Meeting Of The Pacific Coast Institute Of Law; Institute Proceedings, Anon

Washington Law Review

An event of the past summer which has been the subject of much favorable comment was the second annual meeting of the Pacific Coast Institute of Law the sessions of which were held in Condon Hall at the University of Washington under the sponsorship of the School of Law. The Institute was conducted in conjunction with the annual meeting of the Washington State Bar Association and over eight hundred persons, including judges, lawyers, law teachers and representatives of other professional fields, not only from the Pacific Coast states but from other sections of the United States and from Canada, were …

The Limits Of Congressional Investigating Power, Jack Gose

Washington Law Review

Of recent years much publicity has been given to the activities of congressional investigating committees At the present time such a committee is engaged in examining witnesses and taking evidence concerning the operations of munitions manufacturers. About a year ago a similar investigation of much publc interest was held coneerning the matter of air mail contracts. In the decade immediately preceding, the scandals arising out of the Harding administration formed the subject of similiar inquiries. Many like rncidents within present-day memory might be cited, but the mention of any single recent investigation should not create the impression that congressional activity …

Publication Of The Restatement Of The Conflict Of Laws, Anon

Washington Law Review

The Restatement of the Law of Conflict of Laws, recently. published by the American Law Institute Publishers, is the third project of the American Law Institute to be completed, having been preceded by the Restatements of Contracts and Agency. Two volumes on Torts have also been published. Like its companion volumes this work is the result of the joint efforts of a large group of experts in this field, in this case extending over a period of eleven years. The Reporter was Professor Joseph H. Beale of the Harvard Law School, who has spent some forty years in studying and …

The Tort Liability Of Users Of Abandoned Property, James W. Johnston

Washington Law Review

A question which from the standpoint of decisions is seemingly unique was raised in the case of Locke v. Pacific Telephone & Telegraph Co. et al, 78 Wash. Dec. 40, 33 Pac. (2d) 1077 (1934), concerning the liability of users of abandoned property The city of Seattle erected a pole in 1905 on a parking strip bordering one of its streets, for the purpose of carrying the wires of the city's light plant. In 1926 the city removed all of its wires from the pole, and shortly thereafter the defendant telephone company placed a single drop wire on the pole …

Service Through Books, Anon

Washington Law Review

The number and variety of law books now in use is so great that lawyers can not hope to possess relatively more than a very few. Law school libraries and bar association libraries can not afford the purchase of but a small fraction of those available for the use of the profession. The publication of new law books continues to grow from year to year. Several thousand appear each year, most of which can be made available for the use of the legal profession only through the facilities of the larger law libraries. Thus has come about the development in …

Intent To Deceive In Applications For Insurance Policies, Leo D. Bloch

Washington Law Review

In any type of insurance, the determination of the insurance company to assume the risk with regard to any particular person or thing is based on the application submitted by the person desiring the insurance. It is through the medium of the application that the company secures the information which it desires with regard to the particular risk. Logically, therefore, the insurance company should be protected if incorrect statements are made in the application. On the other hand, the insured is entitled to be protected by the insurance when he has been paying premiums and basing his conduct on the …

Preference In Bank Deposits, Frank T. Rosenquist

Washington Law Review

While it is possible to expressly create a general, a special, or a specific bank deposit, the determination of the type established usually is a matter of construing the intention of the parties from the facts and circumstances surrounding the transaction. No set form is necessary for their validity Like any other contract, the relationship established arises out of the mutual understanding of those creating it. The Restatement of the Law of Trusts has taken the view that the relationship depends upon the manifest intention of the parties, and that if the money is to be kept or used for …

Attachment—Failure Properly To Index Writ As Affecting Constructive Notice; Criminal Law—Indictment And Information—Motion To Set Aside Judgment After Conviction Pleading Statute Of Limitations; Damages—Breach Of Agency—Burden Of Proof; Executors And Administrators—Right To Appoinment—Testamentary Selection—Effect; Mechanics' Liens—Statute Of Limitations On Filing Of Liens—Completion And Abandonment; Taxation—Exemption Of Property Of Municipal Corporations—Power To Tax; Workman's Compensation—Status Of Widow Who Married Injured Workman Subsequent To Time Of Injury, J. J. L.

Washington Law Review

No abstract provided.

The Washington Public Utility Legislation Of 1933: Budget Orders As Res Judicata, John B. Sholley

Washington Law Review

The Washington legislature at its regular 1933 session enacted a series of statutes radically altering the system of public utility regulation in this state both in scope and method. Recent years have witnessed similar developments in several other states. As is always the case with novel legislation, a number of questions of statutory construction and of constitutional law have arisen. It is the purpose of this paper to discuss one of the basic constitutional problems presented by the Washington legislation. Can preliminary, fact-finding orders of a public service commission which have been affirmed by the state courts be made conclusive …

The Coordination And Integration Of Federal, State, And Local Tax Systems, James K. Hall

Washington Law Review

Of the fiscal problems pressing for immediate solution, few are as important economically and socially as the problem of establishing proper working relationships between and among the fiscal systems of the federal, state, and local governments. Today, as in the past, there is a conspicuous lack of coordination and integration among these several revenue systems. Only in recent years has any considerable emphasis been placed on the importance and necessity of visualizing our fiscal problems in perspective—of viewing the problems and issues of local, of state, or of federal finance as integral parts of a related whole. Pragmatic exigencies often …

Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer

Washington Law Review

In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …

Agency—Liability Of Undisclosed Principal For Unauthorized Acts Of Agent; Constitutional Law—Delegation Of Legislative Power To A Foreign Body; Evidence—Parol Evidence Rule—Collateral Agreements, E. G. N.

Washington Law Review

No abstract provided.

The Washington Public Utility Legislation Of 1933: Budget Orders As Res Judicata, John B. Sholley

Washington Law Review

The Washington legislature at its regular 1933 session enacted a series of statutes radically altering the system of public utility regulation in this state both in scope and method. Recent years have witnessed similar developments in several other states. As is always the case with novel legislation, a number of questions of statutory construction and of constitutional law have arisen. It is the purpose of this paper to discuss one of the basic constitutional problems presented by the Washington legislation. Can preliminary, fact-finding orders of a public service commission which have been affirmed by the state courts be made conclusive …

Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer

Washington Law Review

In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …

Agency—Liability Of Undisclosed Principal For Unauthorized Acts Of Agent; Constitutional Law—Delegation Of Legislative Power To A Foreign Body; Evidence—Parol Evidence Rule—Collateral Agreements, E. G. N.

Washington Law Review

No abstract provided.

Law Books And Law Publishers, Arthur S. Beardsley

Articles

There are indications that the depression, which has burdened us for the past five years, is slowly receding. In its wake will doubtless follow renewed prosperity with all the blessings of peace and contentment. A freedom from financial worry will replace the present fear, and money will be more plentifully earned and freely expended.

It remains to be seen, however, whether the problems encountered during this economic cycle will be soon forgotten. Will the members of the legal profession and the law libraries return to their former policies of, what has appeared to be, uncontrolled and ill-advised purchasing of the …

The Coordination And Integration Of Federal, State, And Local Tax Systems, James K. Hall

Washington Law Review

Of the fiscal problems pressing for immediate solution, few are as important economically and socially as the problem of establishing proper working relationships between and among the fiscal systems of the federal, state, and local governments. Today, as in the past, there is a conspicuous lack of coordination and integration among these several revenue systems. Only in recent years has any considerable emphasis been placed on the importance and necessity of visualizing our fiscal problems in perspective—of viewing the problems and issues of local, of state, or of federal finance as integral parts of a related whole. Pragmatic exigencies often …