Law Commons^™

Table Of Contents

University of Richmond Law Review

No abstract provided.

Testimony In Virginia On The Ultimate Fact In Issue, James W. Payne Jr.

University of Richmond Law Review

In a series of recent decisions the Court of Appeals has rejected opinion evidence for the reason, among others, that the opinion related to the ultimate fact in issue, or for the synonymous reason that it invaded the province of the jury. These decisions relate to opinion testimony offered by lay witness and expert alike, although an objection to expert testimony on the ground that it relates to the ultimate fact in issue is normally weaker in force than the same objection when it is advanced to rule out lay testimony. When the expert testifies, by hypothesis, the lay judge …

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1962-1963, University Of Richmond

Law School Catalogues

General Statement:

The Law School was established as a part of Richmond College in 1870. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and useful trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

University Of Richmond Law Notes Table Of Contents, J. Westwood Smithers

University of Richmond Law Review

No abstract provided.

The New Judgment Lien On Lands, Ellsworth Wiltshire

University of Richmond Law Review

The lien of a judgment for money upon real estate of the judgment debtor embodied in Sections 8-386 and 8-390 of the Virginia Code has been radically changed by the Acts of 1960, c. 466 and c. 255 respectively. How these amendments affect the liens of judgments obtained before as well as those obtained after the effective date of the amendments (June 27, 1960) will be considered below.

Basis Of Liability For Blasting In Virginia, William T. Muse

University of Richmond Law Review

In this period of prosperity more private capital is avail- able for construction of all kinds. Also, vast sums of public funds are being appropriated for all types of construction, particularly highway construction. For example, the National System of Interstate and Defense Highways alone will involve the construction of 41,000 miles of highway, and is designed to connect and serve all major urban centers in the United ,States. It is probably the largest peacetime engineering project ever undertaken by man. An estimated three-fourths of a million parcels of land, approximately 1,500,000 acres, will be condemned for highway right-of-way over the …

Lawyers And The Professional Association Act, Ellsworth Wiltshire

University of Richmond Law Review

The Professional Association Act passed by the recent Gen- eral Assembly of Virginia becomes effective as Chapter 277 of the Acts of 1962 on June 29, 1962. It permits three or more individuals authorized to practice in Virginia any one of the following named professions to form an association, which will be a legal entity separate from the associates comprising it: "architecture, professional engineering, land surveying, certified public accounting, dentistry, optometry, practice of the healing arts, and veterinary medicine, surgery and law".

Foreword, William T. Muse

University of Richmond Law Review

With the articles appearing in this the fifth issue of the Law Notes, the Faculty have presented twenty-three brief discussions. We have been amply rewarded by the kind reception accorded our efforts. This year, for the first time, the Law Notes has been opened to contributions from students, and in this Number appears the first article by a student. It is hoped that the readers will continue to find all the articles of practical value to the practicing lawyers.

Third Party Actions Under Workmen's Compensation Act, J. Westwood Smithers

University of Richmond Law Review

At common law any person who wrongfully injures another, intentionally or negligently, is liable to compensate such other person for his damages if the injured person is himself free from contributory fault. If the tortfeasor is a servant, acting within the scope of his employment, his employer (or master) is also liable to answer for the wrong under the long-established doctrine of respondeat superior,with certain exceptions in which immunity is granted to the state, or subdivisions thereof, and to charitable institutions. The trend in modern times has been to narrow, or to entirely abolish, such immunity. By the Federal Tort …

Separation As A Ground For Divorce In Virginia, Charles P. Beemus

University of Richmond Law Review

Jurisdiction to grant divorce in all of the states is purely statutory and the grounds are only those set out in the statutes. Accordingly, no matter how unhappy a married couple is, or how great their desire to end the marriage, unless a statutory ground exists, there can be no relief in the form of divorce. Virginia now has nine statutory grounds for an absolute divorce from the bond of matrimony.

Notable Legislation Of 1962, Harry L. Snead Jr.

University of Richmond Law Review

Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1961-1962, University Of Richmond

Law School Catalogues

General Statement:

The Law School was established as a part of Richmond College in 1870. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and useful trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers

University of Richmond Law Review

Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.

Foreward, William T. Muse

University of Richmond Law Review

The first issue of the University of Richmond Law Notes was published in the Spring, 1958. It has been published annually since then. With the articles appearing in this Number, eighteen articles on Virginia law prepared by the Faculty of the Law School have been presented. We have sought to discuss practical problems thought to be of current interest to practicing lawyers. There have been a minimum of references, and no footnote material has been included.

Pour-Over Devise Or Bequest To Life Insurance Trust-Sequence Of Execution Of Papers, Ellsworth Wiltshire

University of Richmond Law Review

The "pour-over" will devising or bequeathing property to the trustee of an existing revocable and amendable inter vivos trust created by the testator has become quite popular during the last few years with attorneys, trust officers, and estate planners. In a number of states important legal pitfalls relating to such "pour-overs" not resolved by the decided cases have been eliminated by statute. In Virginia the General Assembly of 1958 enacted a "pour-over" statute (Va. Code Ann. 64-71.1 [19501) settling some difficult questions. However, a serious problem still exisits in Virginia with respect to devises and bequests to trustees of life …

Personal Injury Damage Arguments, James W. Payne Jr.

University of Richmond Law Review

This brief comment deals only with one facet of Certified T. V. & Appliance Co., Inc. v. Harrington. The plaintiff brought an action for personal injuries.

University Of Richmond Law Notes, J. Westwood Smithers

University of Richmond Law Review

No abstract provided.

Alimony, Property Division, And The Modem-Day Wife, Harry L. Snead Jr.

University of Richmond Law Review

Two Virginia cases prompt this note: In one the court was concerned with alimony and a working wife (Baytop v. Baytop) the other involved a property settlement between. a husband and a working wife who had used her inheritance to purchase real estate. (Smith v. Smith).

Joint Control By The Surety: A Virginia Statute And Its Common Law Ancestry, D. Orville Lahy

University of Richmond Law Review

It happened in Texas, but it could just as well have been Virginia. At the June 1934 term of the County Court of Anderson County, Texas, there was offered for probate the holographic will of Herman Oberweiss. The testator and his several brothers had settled in Texas after emigrating from their native Germany, and without benefit of much education Herman Oberweiss had been able to accumulate considerable wealth during his lifetime.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1960-1961, University Of Richmond

Law School Catalogues

General Statement:

The Law School was established as a part of Richmond College in 1870. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and useful trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

The Broker's Claim To A Commission When His Customer Buys Through Another Broker, William S. Cudlipp Jr.

University of Richmond Law Review

Very few lawyers in general practice in Virginia have not been consulted at one time or another about the right of a real estate broker to collect a commission on a sale of property consummated directly by the owner or through another broker with a customer found by the first broker. The majority of the disputes of this nature never reach the courts and undoubtedly the great majority of those that do are finally settled at the trial court level. Nevertheless the Virginia reports contain a number of decisions involving such cases, and opposite results have sometimes been reached under …

Foreword, William T. Muse

University of Richmond Law Review

The articles in the Law Notes are prepared by members of the faculty of the University of Richmond Law School. They are intended to be both practical and brief, with a minimum of references. We hope that the profession has found them helpful.

The Issuance Of Stock Under Section 1244 Of The Internal Revenue Code, Carle E. Davis

University of Richmond Law Review

The purpose of this brief note is to examine the provisions of section 1244 with a view toward qualifying for the tax benefits of that section.

Revocation And Revival Of Wills In Virginia, James H. Barnett Jr.

University of Richmond Law Review

Kate Miller Levring executed two wills, the first in 1954, the second in 1955. The latter contained an express revocation clause. Following her death the second will which was last traced to her possession could not be found, thus giving rise to a strong presumption that she had destroyed it with intent to revoke. In an inter-partes proceeding, the executor named in the first will, offered that will for probate. Probate was contested by certain next of kin of the deceased. The only evidence introduced was a statement by the decedent that she planned to make certain undisclosed changes in …

University Of Richmond Law Notes, J. Westwood Smithers

University of Richmond Law Review

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1959-1960, University Of Richmond

Law School Catalogues

General Statement:

The Law School was established as a part of Richmond College in 1870. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and useful trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

State Taxation Of The Net Income From Interstate Business, Harry L. Snead Jr.

University of Richmond Law Review

On February 24, 1959, the Supreme Court of the United States, in companion cases, held, by a 6-3 vote, that a state could levy a properly apportioned tax on the net income of a corporation doing a purely interstate business, provided there were sufficient "activities" within the state to justify a tax. NorthwesternStates PortlandCement Co. v. Minnesota, and Commissioner v. Stockham Valves and Fittings, Inc. Were this article a movie script, I would begin by portraying the separate meetings of two groups: the hastily summoned executive committee of the National Association of Manufacturers gravely, but vigorously, exploring means of avoiding …

Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy

University of Richmond Law Review

Whereas most Virginia lawyers know about the rule against perpetuities, many of the same lawyers do not know what it is all about. Perpetuities is a dry and dismal subject to an active practitioner, and the state of abject bewilderment with which he was indoctrinated about the rule against perpetuities while in law school lingers on to haunt his memory. for the balance of his professional career. It is not until an actual client appears with a perpetuities problem that the same practitioner is forced to face the stark realities of the rule. It is only then that the complexities …