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Articles 1 - 30 of 35
Full-Text Articles in Law
Some Reflections On The Trial Of A Lawsuit, Thomas F. Murphy
Some Reflections On The Trial Of A Lawsuit, Thomas F. Murphy
Washington Law Review
I didn't know when I received your invitation what subject would be most interesting to talk about. I have come to the conclusion that I will talk to you about my experiences in the trial of a law suit, and I ask you to measure that experience by the short time that I have been a lawyer. Because what I propose to do is not to speak to you, say from Mount Olympus, but to speak as I may as a friend, among friends, and then perhaps, if we have time, to open the floor to any questions you care …
Salesmanship For Lawyers, Ward Roney
Salesmanship For Lawyers, Ward Roney
Washington Law Review
You and I are very proud and happy to be members of the great and noble and ancient profession of law or else we would not be here, and yet all of us have suffered constantly throughout our lives malignment upon the part of the public, castigated as liars and thieves and crooks and everything unworthy of the trust which we hold sacred to our practice of the profession. And it is very unjustifiably so, of course, as you know. But we as individuals ard entirely responsible for that concept upon the part of the public.
Statute Of Frauds—Sufficiency Of Memorandum, Eldon C. Parr
Statute Of Frauds—Sufficiency Of Memorandum, Eldon C. Parr
Washington Law Review
Action on a contract whereby P agreed to sell and D to buy 4200 day-old poults. Such a contract is unenforceable unless a memorandum signed by D is sufficient to satisfy the requirements of the statute of frauds. RCW 63.04.050 (1) [RRS § 5836-4(1)]. P relied on a printed contract form, filled in by P but unsigned by either party, and a postal card signed by D on which D wrote, "Dear Mr. Grant: I have decided to not raise any turkeys this year so will you please cancel my order? . . ." P contended that the word "order" …
Law Revision In The State Of Washington, Harry M. Cross
Law Revision In The State Of Washington, Harry M. Cross
Washington Law Review
Widespread skepticism about the adequacy of existing law to achieve justice poses one of the most serious problems to the legal profession. The practicing lawyer knows that in most instances existing law is reasonably efficient in achieving sound, just results, but to the uninitiated the instance in which the efficiency is small or the result unjust appears to be the usual circumstance rather than the unusual. Even the informed layman is likely to be more concerned with the inadequacies of present law than with its adequacies, and admitting the extent of skepticism to be unwarranted, still asks, "Why don't the …
Union Membership: Privilege Or Right?, Keith M. Callow
Union Membership: Privilege Or Right?, Keith M. Callow
Washington Law Review
The rapid growth of the labor union movement in the past sixty years has created many new, unique and complex problems. The application of old concepts and theories to these problems often has resulted in illogical and inequitable answers. In certain branches of labor law the courts have been slow in providing workable rules due to their adherence, not only to the old concepts, but also to—as if they applied to the present situation—the reasoning behind the old concepts. Some problems are being misread. Union membership must come to be recognized as a right and not a mere privilege. The …
Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall
Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall
Washington Law Review
The Board of Regents of the University of Washington required that each student submit to a chest X-Ray examination for the purpose of disclosing tubercular infection. P, a Christian Scientist, sought to register for her senior year, and when she refused to submit to the examination she was denied admission. She then petitioned to the Regents for an exemption on the ground that to submit would violate her religious convictions. The petition was denied, and P now seeks a writ of mandamus to compel the Regents to admit her without requiring the X-Ray examination, contending, inter alia, that the requirement …
Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell
Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell
Washington Law Review
P orally engaged D to sell P's land, for which D was to receive a commission of $1,000. D falsely represented that he had procured a purchaser who would buy the property if he could obtain a loan of $10,000, and that D could procure the necessary loan upon paying a bonus of $3,000 to the lender. P, in reliance on these representations, entered a written agreement to pay D $4,000. P brought an action to recover the $3,000 which D had received and converted to his own use. Held: The oral agreement created an agency relationship which D breached …
The Exclusive Admiralty Jurisdiction, W. T. Beeks, Gordon W. Moss
The Exclusive Admiralty Jurisdiction, W. T. Beeks, Gordon W. Moss
Washington Law Review
In Cline v. Price the owners of a minority interest in a fishing vessel, being dissatisfied with the use to which it was being put, brought suit in Superior Court against the majority owners. The action prayed the appointment of a receiver, an accounting, and a partition of the vessel by sale and distribution of the proceeds. A demurrer was sustained by the lower court and affirmed by the Supreme Court. The ground assigned was that the suit, essentially one for partition, was exclusively within the admiralty jurisdiction of the United States, and the state courts have no jurisdiction to …
Legal Aid In Retrospect And Prospect, Lane Summers
Legal Aid In Retrospect And Prospect, Lane Summers
Washington Law Review
In complying with the request for comment on the recently published book by Emery A. Brownell, entitled Legal Aid in the United States, I may appropriately quote from others writing on the same subject since the author largely uses that method of stating basic principles which, put together, prescribe legal aid as a social medicine
Marital Property In Conflict Of Laws, By Harold Marsh, Jr. (1952), Luvern V. Rieke
Marital Property In Conflict Of Laws, By Harold Marsh, Jr. (1952), Luvern V. Rieke
Washington Law Review
The avowed purpose of Marital Property in Conflict of Laws is to demonstrate the "correct analysis" for the problem above and a host of similar intriguing choice-of-law questions involving marital property. Laid out between the covers of this comparatively thin volume is as fine a study, as lucid an explanation, and as great a number of practical guideposts for the rational solution of these problems as has yet been made available. The value of the work to the practicing attorney is considerably enhanced by the author's careful attention to the statutes and cases, a welcome change of fare from the …
Appeal And Error—Appeal From The Juvenile Court, Eldon C. Parr
Appeal And Error—Appeal From The Juvenile Court, Eldon C. Parr
Washington Law Review
After a husband and wife had instituted adoption proceedings in the juvenile court for a child in custody of that court, the father of the child petitioned the court for custody of the child. The juvenile court dismissed the petition. Appeal. Held: Dismissed. In re a Minor, 39 Wn. 2d 744, 238 P. 2d 914 (1951).
Probate—Administration Of An Estate Under Absentee Statute, James B. Mitchell
Probate—Administration Of An Estate Under Absentee Statute, James B. Mitchell
Washington Law Review
A bank was appointed guardian of N's estate in 1941, N having been adjudged incompetent. In 1942, N disappeared, and was not heard from for over seven years. P, on behalf of N's heirs, petitioned the probate court for appointment as administrator of N's estate. The appointment was made, and the bank appealed. Held: Reversed. Where there is neither allegation nor evidence sufficient to give the probate court jurisdiction to determine that the missing man is dead, his heirs are relegated to the absentee statutes for provisional distribution. In re Nelson's Estate, 37 Wn. 2d 397, 224 P. 2d 347 …
The Limited-Access Highway, Owen Clarke
The Limited-Access Highway, Owen Clarke
Washington Law Review
Even more impressive has been the sharp reduction in motor vehicle accidents where the principle of limited-access has been employed. On the Arroyo Seco, for example, accidents dropped 75 per cent. Accidents on Chicago's Outer Drive totaled only eight for every ten million vehicle miles traveled compared with 189 on ordinary roads in the area. After limiting access on a five-eighths-mile section in Milwaukee, there were only 5 per cent as many accidents as the average of four other comparable unlimited-access sections. Experience throughout the United States indicates that with limited-access highways we will have less than 15 per cent …
Headaches Of A Judge—A Challenge To The Bar, William G. Long
Headaches Of A Judge—A Challenge To The Bar, William G. Long
Washington Law Review
In the hope that other judges may be spared some of the frustrations and disappointments that have come to me, I now challenge you lawyers to alert yourselves to matters related to Juvenile Court administration, rise to the heights of your potential leadership, and then dedicate yourselves to lifting the level of rehabilitative treatment of the unfortunate kids of Washington. There is plenty to be done!
Negligence—Last Clear Chance—Emergency Rule, Gordon F. Crandall
Negligence—Last Clear Chance—Emergency Rule, Gordon F. Crandall
Washington Law Review
P was helping to push F's car out of a ditch and while standing beside the car he failed to see the approach of D's auto over the crest of a hill 250 feet behind him. D saw F's automobile partially blocking the road and tried to stop or avoid it, but his car went out of control, slid broadside down the slippery road and struck P, pinning him between the two cars as they collided. The trial court gave the jury an instruction on last clear chance, apparently for the reason that although D was unable to stop his …
Municipal Corporations—Competition Between Public Utilities, Eldon C. Parr
Municipal Corporations—Competition Between Public Utilities, Eldon C. Parr
Washington Law Review
A Public Utility District (P.U.D.), organized in 1937 and including the Town of Newport in its territory, in June 1949 purchased the properties of a public service corporation which supplied the Town of Newport and the surrounding area with electric power. The P.U.D. thereafter performed this service. In July 1949, the Newport City Council proposed that the city acquire its own power system. An election was conducted which favored the proposal. Action by the P.U.D. to enjoin issuance of revenue bonds by the Town of Newport to finance the proposed acquisition. Judgment for the Town of Newport. On appeal, that …
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Washington Law Review
In an action for specific performance of a real estate contract, D set up the plea of the statute of frauds, in that there was an insufficient legal description. D had signed an earnest money agreement containing the following description: "real property: at 309 E. Mercer, Seattle, King County, Washington." Held: the legal description is insufficient. Every contract for the sale or conveyance of platted real property must contain in addition to the other requirements of the statute of frauds, the description of such property by correct lot number(s), block, addition, city, county, and state. Martin v. Seigel, 35 Wn. …
Probate Decrees—Extrinsic Fraud—Personal Notice Of Proceedings, William L. Williams
Probate Decrees—Extrinsic Fraud—Personal Notice Of Proceedings, William L. Williams
Washington Law Review
D was appointed administratrix of the estate of her husband who died intestate in 1943. Notice of the probate proceedings was given by publication as provided in RCW 11.76.040 [RRS § 1532; PPC § 192-17]. P, a daughter of deceased by a former marriage, was not given personal notice of the probate proceedings, or of the final decree. However, she learned of the death within a few hours, and of the decree of distribution a few months after it was entered. The final decree was entered in 1944, awarding the entire estate to D as sole heir at law. This …
Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap
Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap
Washington Law Review
D was acquitted of murder by reason of his insanity. The jury returned the statutory special verdict finding that his "insanity or mental irresponsibility" did not exist at the time of the trial but that there was such likelihood of a relapse or recurrence of the condition that D was not a safe person to be at large. D was committed to the state penitentiary as a criminally insane person. Soon after commitment he sought to be discharged from confinement under the procedure set out in RCW 10.76.070 [RRS § 6970; PPC § 133-11]. The prosecuting attorney petitioned for a …
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Washington Law Review
H obtained a default divorce decree under which W was given custody of two minor children and H was granted reasonable visitation privileges. Later H remarried and established residence in Montana, and, in order to enable the children to visit him there, filed a motion and affidavit for an order that W show cause why the decree should not be modified. The show cause order was granted, but meanwhile W, in an original application in the Supreme Court, requested a writ of prohibition restraining the Superior Court from modifying. She contended that Superior Court jurisdiction to modify cannot be invoked …
Sales—Waiver Of Right To Rescind, John L. Hay
Sales—Waiver Of Right To Rescind, John L. Hay
Washington Law Review
P installed a heating system in Ds' house, removing and keeping the old furnace as part of the purchase price. On discovering faulty installation, Ds notified P of their desire to rescind and demanded reinstallation of the old furnace. P refused and filed a lien for the purchase price on Ds' house, which he now seeks to foreclose. These events took place in winter, and Ds, aged and in poor health, continued to use the new heating system, there being no other adequate means of heating the house. The trial court refused to foreclose the lien and held for Ds …
Res Ipsa Loquitur: Application And Effect, Murray B. Guterson
Res Ipsa Loquitur: Application And Effect, Murray B. Guterson
Washington Law Review
The doctrine of res ipsa loquitur has played a significant role in eighteen cases' appealed to the Washington Supreme Court since 1938. Examination of these decisions will reveal that the doctrine of res ipsa is applied as circumstantial evidence at two stages of a negligence action, that its application is made in accordance with three court-made requisites as to the nature of the proof, and that it will be applied only in the event that the plaintiff in the trial court achieves the level of proof that is required for its application. It is the author's purpose to develop the …
Trusts—Purchase Money Resulting Trusts Between Parties Living In Meretricious Cohabitation, Ernest M. Murray
Trusts—Purchase Money Resulting Trusts Between Parties Living In Meretricious Cohabitation, Ernest M. Murray
Washington Law Review
P, separated from his wife, illicitly cohabited with D. P purchased their residence with his separate property, taking title in D's name. D asserted ownership of the property and evicted P. P brought action claiming D held the property as a trustee for P's benefit. The trial court found for D. On appeal, Held: Reversed. Since P advanced all the consideration for the property, a resulting trust is presumed. Walberg v. Mattson, 38 Wn. 2d 808, 232 P. 2d 827 (1951).
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Washington Law Review
Action for damages for breach of an express warranty. C, at P's request, located a tractor for sale. P agreed to purchase the tractor if D, its owner, would give a warranty of condition. D and C assured P that such a warranty would be made. D addressed a warranty formulated according to P's specifications to C. C purchased the tractor, resold it to P, and delivered to P the statement of warranty. Trial court found for P. Appeal. Held: Affirmed. P, as beneficiary, may sue D directly for breach of the warranty, as D and C intended that the …
Gifts To Minor Children—Guardianships Vs. Inter Vivos Trusts—Is The Kieckhefer Trust The Answer?, Willard J. Wright
Gifts To Minor Children—Guardianships Vs. Inter Vivos Trusts—Is The Kieckhefer Trust The Answer?, Willard J. Wright
Washington Law Review
Much comment has followed the recent decision of the Court of Appeals for the 7th Circuit in Kieckhefer v. Commissioner, with some encouragement for persons contemplating gifts in trust for minor children. The spectacular nature of the trust instrument in this case and the outspoken refusal of the Tax Court to accept the type of trust involved, at least for tax purposes, furnishes an occasion to reconsider the relative merits of a trust and a guardianship as a receptacle for gifts for the benefit of minor children. While the donor of gifts to minor children has had a difficult time …
Workmen's Compensation Act—Immunity Of Third Party Employer, Richard M. Oswald
Workmen's Compensation Act—Immunity Of Third Party Employer, Richard M. Oswald
Washington Law Review
D, a foreign corporation engaged in manufacturing chemicals, sold to X scrap iron including a coil of pipe which D had used in its business. P, an employee of a salvage dealer, was ordered by his employer to pick up the scrap iron at X's yard. In order to place the coil of pipe in proper position on his truck, P struck the pipe with a maul, the force of the blow causing a corrosive substance to issue from the pipe and injure P. Instead of taking compensation under the Workmen's Compensation Act, P elected to sue the tortfeasor. Judgment …
The Standard Of Care Of The Drugless Healer, John F. Hansler
The Standard Of Care Of The Drugless Healer, John F. Hansler
Washington Law Review
The practitioner of the healing arts who ministers to the sick and afflicted without the use of drugs and surgery has long posed a difficult regulatory problem to legislatures and to the courts. Though battered by the invective of regular medica practitioners, drugless healers continue to thrive in one form or another in most of the United States. The most common classes of these healers are the osteopaths, the chiropractors, the naturopaths, and the Christian Science practitioners. Osteopathy is licensed by statute in all of the states; it is the branch of drugless healing most like general medicine and surgery …
Corporations—Rights Of Preferred Stockholders Upon Dissolution, Louis Rousso
Corporations—Rights Of Preferred Stockholders Upon Dissolution, Louis Rousso
Washington Law Review
A corporation's articles of incorporation provided: "In the event of any liquidation, dissolution or winding up of the Corporation the holders of the preferred stock shall be entitled to be paid in full the par value thereof, and all accrued unpaid dividends thereon [italics added] before any sum shall be paid to or any assets distributed among the holders of the common stock." During the corporation's existence, it had never declared a dividend. Furthermore, there was no surplus on hand at date of dissolution. In an attempt to determine the rights of the respective stockholders, the liquidating trustees of the …
Worthless Check Transactions: Rem. Rev. Stat. 2129, Sections 23 And 24 Of The Uniform Sales Act, The Motor Vehicle Registration Act, James M. Dolliver
Worthless Check Transactions: Rem. Rev. Stat. 2129, Sections 23 And 24 Of The Uniform Sales Act, The Motor Vehicle Registration Act, James M. Dolliver
Washington Law Review
Recently the Washington Supreme Court considered two cases involving the exchange of goods for a worthless check with a subsequent sale to a bona fide purchaser. In the first case the Court found for the bona fide purchaser while in the later case the original owner prevailed. Fairness to the Court compels the statement that the reason for this surprising reversal was not mere caprice but seemed rather to stem from a little used statute passed in 1854, the construction of which was controlling in each opinion.
Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor
Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor
Washington Law Review
D was convicted of second degree assault. The prosecuting attorney, ostensibly for the purpose of laying a foundation for impeachment, asked D questions concerning D's prior inconsistent statements, using a purported manuscript of a wire recording. D neither confirmed nor denied making the statements, answering, "I don't know" or "I don't deny it or confirm it." The prosecutor failed to follow this up on rebuttal by proving or attempting to prove that the prior statements were actually made. Appellant contended this was error. Held: Conviction reversed. Such conduct was extremely prejudicial and constituted reversible error. State v. Yoakum, 137 Wash. …