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Full-Text Articles in Law
Appellant's Brief
McCauley v. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)
No abstract provided.
Transcript Of Record
McCauley v. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)
No abstract provided.
Conditional Remainderman—Beware!, Maryhelen Wigle
Conditional Remainderman—Beware!, Maryhelen Wigle
Washington Law Review
If the tax on transfer at death of anticipatory estates levied by the Sovereign State of Washington is imposed upon their inheritance, and is payable by the beneficiary on his future as distinguished from his possessory interest, a legatee or devisee of a conditional remainder may find himself paying handsomely for the mere privilege of having been remembered by the testator in his wilp—a somewhat ephemeral consideration, to put it mildly. The purpose of this article is to examine our Inheritance Tax laws with the object of determining (a) whether the tax is imposed upon the remainderman's legacy, and, if …
The Rights Of Corporate Creditors Upon Unpaid And Watered Stock Subscriptions, Jane Sue Abernethy
The Rights Of Corporate Creditors Upon Unpaid And Watered Stock Subscriptions, Jane Sue Abernethy
Washington Law Review
There is a marked distinction between the purpose of an action instituted by a corporation while it is a going concern to recover unpaid subscriptions, and such an action instituted by a creditor or receiver after insolvency. In the former, the primary object is to collect money to further the business and purposes of the corporation and to continue it as a going concern. The corporation, but not a creditor, may proceed against any shareholder who has not paid for his stock in full, to recover the balance, whether or not such balance is necessary to pay the obligations of …
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Washington Law Review
The protective and friendly attitude with which the courts and legislatures have viewed charities is reflected in the rule of nonliability for torts committed by such eleemosynary institutions. The rationales for this exemption may be briefly classified into five main groups. The first and most all inclusive, is the trust fund doctrine based on an early English case and exemplified by the Massachusetts decisions. Under this theory a charitable institution can not be held liable for the negligence of servants and employees or administrative officials.Nor is the court concerned with the status of the plaintiff as beneficiary, employee or stranger. …
Regulation Of Small Loans In Washington, Warren L. Shattuck
Regulation Of Small Loans In Washington, Warren L. Shattuck
Washington Law Review
During the past 40 years legislative attempts to solve the small loan problem have taken various forms. Fairly typical are the Washington statutes which are the main subject matter of this paper.
Washington Legislation—1941 (Continued), Breck P. Mcallister, Judson F. Falknor, Eugene C. Luccock, John W. Richards, Alfred Harsch, O. B. Thorgrimson, John B. Sholley
Washington Legislation—1941 (Continued), Breck P. Mcallister, Judson F. Falknor, Eugene C. Luccock, John W. Richards, Alfred Harsch, O. B. Thorgrimson, John B. Sholley
Washington Law Review
The survey of selected important enactments of the Twenty-Seventh Legislature of the State of Washington, first installment of which appeared in the April issue of the REVww, is continued and concluded in this issue.
Survivorship In Joint Bank Accouns, And Wilson V. Ivers, M. Bayard Crutcher
Survivorship In Joint Bank Accouns, And Wilson V. Ivers, M. Bayard Crutcher
Washington Law Review
Joint bank accounts have given rise to considerable litigation, concerning a number of questions. A deposits money in a bank, payable in any part to himself or to B, or to the survivor. If A draws upon the account, may B assert an interest in the money taken, or in property purchased with it? If B withdraws money, can A reclaim it? If A dies must the bank pay B because the account is "payable to the survivor," though B has no claim of ownership? If B is permitted to keep what remains at A's death, is the account subject …
Washington Legislation—1941, J. Grattan O'Bryan, Leslie J. Ayer, Judson F. Falknor, Warren L. Shattuck, John B. Sholley, John W. Richards
Washington Legislation—1941, J. Grattan O'Bryan, Leslie J. Ayer, Judson F. Falknor, Warren L. Shattuck, John B. Sholley, John W. Richards
Washington Law Review
In undertaking to survey the work of the 1941 legislature the aim has not been to attain complete coverage. Space limitations and the time factor have dictated that only certain phases be considered and that brevity rather than complete analysis be the guide. In selecting topics for discussion the aim has been to give attention to those statutes which are likely to be of greatest concern to practicing lawyers. At the outset this meant that virtually all of the largest group of statutes, those dealing with the powers of governmental units, be eliminated. Of the remaining statutes all could not …
Old Age Assistance In Washington, Vern Countryman
Old Age Assistance In Washington, Vern Countryman
Washington Law Review
Two decades ago, recognition of a governmental duty to care for the aged who had no means of support had gone no further than to provide for their maintenance in almshouses and poor farms. But in 1922 the American Association for Labor Legislation and the Fraternal Order of Eagles began a campaign to abolish the poorhouse system and to substitute for it a proposed Old Age Pension Act providing for monthly grants to needy aged persons from funds to be raised by county governments. Washington adopted this act in 1933 and by the end of the following year 28 states …
The Determination Of Property Taxes In Washington, Douglas H. Eldridge
The Determination Of Property Taxes In Washington, Douglas H. Eldridge
Washington Law Review
Probably no phase of state and local government more immediately concerns the average citizen than the administration of taxes. In order that interested persons may become acquainted with the practical and complex problems involved, this discussion describes the machinery by which property is assessed for taxation, assessed values are equalized, and levies are made against those valuations. Better understanding may lead to legislative and administrative action that will result in more efficient and equitable operation of the property tax, which is still the largest single-source of tax revenue in this state.
The Doctrine Of Foakes V. Beer In Washington, Robert A. Purdue
The Doctrine Of Foakes V. Beer In Washington, Robert A. Purdue
Washington Law Review
Application of the rule to defeat discharge of a money debt by payment of a part, received by the creditor as full satisfaction, has been severely criticized. In this situation, two jurisdictions have abandoned the rule by decision, others by statute. The Washington decisions on the problem are not harmonious. 10 Although our court has followed Foakes v. Beer in a variety of situations, there are a number of money debt cases which circumvent the rule.
Trust Receipts, Philip W. Thayer
Trust Receipts, Philip W. Thayer
Washington Law Review
A note published in 1927 expressed the hope that the course of legal development in the state of Washington would result in recognition of the trust receipt as "an' instrument sui generis, perfectly effective within its limits." Recent doubts as to the fulfilment of this hope make it desirable to examine the question more closely. The purpose of the present paper therefore is to inquire into the function of the trust receipt as an instrument of the law merchant, and to determine if possible how that function may be most satisfactorily exercised under existing conditions.
Early Efforts To Locate The Capital Of Washington Territory, Arthur S. Beardsley
Early Efforts To Locate The Capital Of Washington Territory, Arthur S. Beardsley
Articles
Several political controversies began with the organization of the territorial government of Washington in 1854, grew in intensity with the passage of years, and did not end on the proclamation of statehood in 1889. Among such controversies was the fight for the location of the capital. In fact, contention over the location of the seat of territorial and state government did not cease until the completion of the capitol building in 1927. During the interval of seventy-three years many efforts were made to relocate the capital, and at some time in this period nearly every important city within the present …
The Assessment And Taxation Of Easements, Snyder Jed King
The Assessment And Taxation Of Easements, Snyder Jed King
Washington Law Review
A sells a plot of ground to B, reserving in the grant an easement of way across B's property. B becomes delinquent in the payment of his taxes on the property and allows it to go by tax foreclosure. C purchases the property at the tax foreclosure sale and now attempts to keep A from using the right of way, asserting that the title he derived from the tax sale has cut off A's right of easement. The resulting problem has received varied treatment in the different jurisdictions of this country. The apparent conflict in the decisions can be partially …
Later Attempts To Relocate The Capital Of Washington, Arthur S. Beardsley
Later Attempts To Relocate The Capital Of Washington, Arthur S. Beardsley
Articles
The controversy over the location of the seat of government, which had flared up frequently in Washington Territory during the period 1855-1875, was comparatively dormant in the following decade. With the coming of the railroads, the discovery of gold in the Fraser River country and Idaho, the use of irrigation in central Washington, the growth of the sheep and cattle business, the increase in commerce on the Columbia and Snake rivers, the development of the lumber and fishing industries west of the Cascade Range, the population of all sections of the territory rapidly increased, and Washington Territory was soon to …