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Articles 1 - 16 of 16

Full-Text Articles in Law

Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell Nov 1932

Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell

Washington Law Review

The distribution of extraordinary dividends between the life tenant and the remainderman under a trust created in corporate stock is a problem which has been extremely vexing to the courts with the result that three general rules have been developed. But, regardless of the rule followed, it is universally agreed that the intentions of the testator or trustor should be controlling. The extraordinary dividend is most likely to arise under one of the following circumstances: 1. Where an unusually large dividend is paid out of profits accumulated over a period of years. 2. In cases of total or part liquidation ...


The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute Nov 1932

The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute

Washington Law Review

Covers Chapter, 3, Formation of Informal Contracts, from Section 27, Auctions, Sales Without Reserve to Section 74, Time When and Place Where a Contract Is Made.


Recent Cases, C. A. H. Nov 1932

Recent Cases, C. A. H.

Washington Law Review

Master and Servant—Workmen's Compensation—Right to Sue for Malpractice of Physician; Negligence of Independent Contractors—Liability for Injuries to Third Persons


Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley Nov 1932

Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley

Washington Law Review

One of the important developments in economic life in recent years has been the greatly increased production of packaged and labeled goods, advertised and distributed nationally by the manufacturer. The scope of the retailer's function has been correspondingly reduced, especially in regard to inspection. Naturally there has resulted a tendency in the law to increase the responsibility of the manufacturer to the consumer.


Inherent Power Of The Judiciary Over Admittance To The Bar, J. Kennard Cheadle Nov 1932

Inherent Power Of The Judiciary Over Admittance To The Bar, J. Kennard Cheadle

Washington Law Review

Admission to the bar is a matter of increasing concern to the state. As its economic life, its social life, become more intricate, the legal rules governing social conduct and their administration through courts of justice become more complicated, so that adequately trained lawyers are increasingly necessary to the competent exercise of their function as officers of the courts admnistering justice. Too, overcrowding of the bar increases the concern. As the relative number of lawyers increases, the temptation to lawyers to violate the public trust reposed in them increases, and their violations of legal ethics work generally to the detriment ...


Provability Of Claims For Future Rent For Damages Against A Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships, Norman M. Littell Nov 1932

Provability Of Claims For Future Rent For Damages Against A Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships, Norman M. Littell

Washington Law Review

The large number of insolvency proceedings during the present economic period throws into relief two legal problems of vital importance to the landlord and the general creditors of the tenant. May the landlord prove a claim against the insolvent tenant's estate for the loss of future rent, or for damages due to the abandonment of the lease upon the insolvency of the tenant, and if such a claim is provable, what is the measure of damages? These problems are acute because of the present extreme deflation in rental values where the involvent's lease has an unexpired term of ...


Recent Cases, H. S. Jun 1932

Recent Cases, H. S.

Washington Law Review

Landlord and Tenant—Duty to Repair; Municipal Corporations—Powers—Sale of Excess Electrical Energy; Witnesses—Impeachment—Conviction of Crime—Nature of Offense; Wills—Construction of a Gift to a Wife by Name—Effect of Divorce


Precatory Trusts, Howard R. Stinson Jun 1932

Precatory Trusts, Howard R. Stinson

Washington Law Review

The law as to the construction of precatory words is not reducible to a formula which can be made to fit any particular case. In fact, it is hard more than to indicate an inclination or leaning of the courts in deciding such situations. With this preface in mind, we purpose to examine the early line of authorities, the modern trend at large, and the particular cases in Washington. Early English courts raised trusts on mere precatory words. The reason for this rule was perhaps because originally all trusts were at best only of precatory force, and so would most ...


The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute Jun 1932

The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute

Washington Law Review

Covers Chapter 1, Meaning of Terms; Chapter 2, Formation of Contracts—General Principles; and Chapter 3, Formation of Informal Contracts


The Right Of Flight Over Private Property, William M. Allen Jun 1932

The Right Of Flight Over Private Property, William M. Allen

Washington Law Review

We all recognize that flight over private property must in some way be legalized. If the courts were to hold that any entrance into the air space constituted a violation of the legal rights of the owner of the soil, it would indeed be a great blow to the aeronautical industry In order to legalize flight it would be necessary to secure the permission of all landowners over whose property a flight was made. It is conceivable that this could be accomplished along regular airways. However, it is often necessary to deviate from the regular course by reason of weather ...


Suspension Of State Insolvency Laws By Operation Of The Federal Bankruptcy Act, Arthur Grunbaum Jun 1932

Suspension Of State Insolvency Laws By Operation Of The Federal Bankruptcy Act, Arthur Grunbaum

Washington Law Review

The Supreme Court of Washington in the recent decision of Armour & Co. v. Becker et al., has again raised a question mooted since 1819, as to the effect of the existence of a Federal Bankruptcy Act on the operation of a State Insolvency Law. Under present conditions, the problem of the availability of liquidating devices becomes peculiarly important, and warrants an analysis of the existing law on the subject. In the instant case, the plaintiff sought to recover the sum of $293.14 for goods and merchandise delivered to defendant, who was running a meat market and purchased goods until ...


The Right To Enjoin Collection Of Taxes, Saul D. Herman Feb 1932

The Right To Enjoin Collection Of Taxes, Saul D. Herman

Washington Law Review

By Chapter 62, Laws of 1931, an attempt is made by the legislature to change the rule heretofore existing in this state relative to injunction against assessment and collection of taxes. From the early case of Andrews v. King County to the recent case of Willapa Elec. Co. v. Pacific County the right of the courts of this state to enjoin the collection of taxes has been again and again reiterated. Chapter 62, Laws of 1931, prohibits enjoining the collection of taxes except in two cases, viz., where the law under which the tax is levied is illegal, and where ...


Riparian And Appropriation Rights To The Use Of Water In Washington, Charles Horowitz Feb 1932

Riparian And Appropriation Rights To The Use Of Water In Washington, Charles Horowitz

Washington Law Review

The need for water in this state was destined to play a vital part in the development of the law of water rights. While west of the Cascade Range there was relatively little or no shortage of available water, east of the Cascades the problem was serious. In many parts water was scarce and much capital required to make it available for use. Where, however, water was available in artesian basins, streams or rivers, conflicts arose among competing users. Regrettable as those conflicts were, they did, however, cause the legislature and courts to regulate and pass upon claims made. In ...


The Beginnings Of A Law For The Air, Raymond W. Clifford Feb 1932

The Beginnings Of A Law For The Air, Raymond W. Clifford

Washington Law Review

This article aspires to give such boundaries as the subject will permit to a branch of the law so recent in its origin that its terminology is still in dispute. For the present we shall designate as "air law" that developing group of legal principles which apply to the occupancy, use and navigation of the air. But the difficulties which this definition encounters will be apparent as we proceed, and our excuse for its present employment is that it describes the matter in familiar terms. The discovery of new arts and instrumentalities has always exerted powerful influence upon the trend ...


The Rule Of Perpetuities And Powers Of Sale, Frederick G. Hamley Feb 1932

The Rule Of Perpetuities And Powers Of Sale, Frederick G. Hamley

Washington Law Review

The rule against perpetuities is usually stated as prohibiting the creation of future interests or estates, which by possibility may not become vested within a life or lives in being and twenty-one years, together with the period of gestation, where the latter is necessary to cover cases of posthumous birth. It is not enough that the estate may possibly or even probably vest within the time limited by the rule, but the court must be able to see by looking at the document creating the estate that the estate will necessarily vest within the time. The Rule against Perpetuities applies ...


Recent Cases, A. D. Feb 1932

Recent Cases, A. D.

Washington Law Review

Corporation—Trust Fund Doctrine—Right to Rescind Stock Subscription after Insolvency; Liability of Gas Company—Negligence—Failure to Notify Users of Interruption in Pressure; Taxation—Penalties—Effect of Statute; Duress—Business Compulsion; Purchase on Margin—Gambling Transactions—Intention of Parties