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Articles 4981 - 5010 of 6130

Full-Text Articles in Law

Serving Substantial Justice—A Dilemma, Philip A. Trautman Jun 1965

Serving Substantial Justice—A Dilemma, Philip A. Trautman

Washington Law Review

In an article written three years ago, this author introduced the subject with the observation that, of the several grounds for a new trial in Washington, one in particular had created considerable difficulty for the supreme court, trial judges, and counsel. This was the rule permitting a new trial when "substantial justice has not been done," and followed by the provision that, "In all cases wherein the trial court grants a motion for a new trial, it shall, in the order granting the motion, give definite reasons of law and facts for so doing."

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The National Labor Relations Board's "Integrated Industries" Policy: An Administrative Grandfather Clause, Robert M. Keenan Jun 1965

The National Labor Relations Board's "Integrated Industries" Policy: An Administrative Grandfather Clause, Robert M. Keenan

Washington Law Review

In carrying out its statutory responsibility to determine whether a unit of craft employees, rather than a broader unit, is appropriate for purposes of collective bargaining, the National Labor Relations Board (hereinafter referred to as the Board) ordinarily must strike a balance between sharply conflicting interests. One or more groups of specially skilled workmen will desire to be disassociated from other employees in order to obtain relatively superior terms and conditions of employment. The employer will probably oppose separate representation for the specialists, believing it not conducive to stable labor relations. And often an incumbent union, which has represented the …

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Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon Jun 1965

Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon

Washington Law Review

The United States Supreme Court recently handed down a decision reversing the Washington Supreme Court which has important ramifications in all community property jurisdictions. The problem began when Angel N. Yiatchos purchased Series E United States savings bonds with community funds. Angel became registered owner of the bonds and his brother was designated P.O.D. (payable on death) beneficiary. After Angel's death, his widow refused to deliver the bonds to the brother. The brother then brought suit against the widow individually and as executrix to determine ownership of the bonds. Angel's widow sought one-half interest in the bonds as her community …

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Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway Jun 1965

Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway

Washington Law Review

The following article is the third in a series by Professor Richard Cosway on negotiable instruments in which he compares existing Washington law with Article 3 of the Uniform Commercial Code. Previous articles on Article 3 have appeared in 38 Wash. L. Rev. 501 (1963) and 38 Wash. L. Rev. 769 (1963).

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Community Property—Community Property Agreement—Private Pension Fund—Designated Beneficiary Other Than Surviving Spouse, Anon Jun 1965

Community Property—Community Property Agreement—Private Pension Fund—Designated Beneficiary Other Than Surviving Spouse, Anon

Washington Law Review

The conflict in the Washington Supreme Court as to priority between contract law and community property law, which resulted in a 5-4 decision in Occidental Life Ins. Co. v. Powers, is still present after 27 years. The contract at issue in the principal case was the General Electric Pension Trust, to which decedent had contributed premiums for 13 1/2 years. During that time decedent had been married three times and divorced twice. Neither divorce decree had disposed of the pension funds, and decedent's second wife was the designated beneficiary at his death. During his third marriage, decedent and his third …

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Bankruptcy—Discharge—Effect Of False Financial Statement Upon Prior Indebtedness, Anon Jun 1965

Bankruptcy—Discharge—Effect Of False Financial Statement Upon Prior Indebtedness, Anon

Washington Law Review

In the 1961 case of Household Fin. Corp. v. DeShazo, the Washington Supreme Court held that section 17(a)(2) of the Federal Bankruptcy Act limited a creditor to recovery of the amount of an additional loan made in reliance upon a false financial statement, and did not permit recovery of prior indebtedness—not initially obtained by fraud—which was refinanced in the same transaction and included in the total amount of a new note.

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Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon Jun 1965

Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon

Washington Law Review

Washington marital communities have been immune since 1890 from liability for tortious acts committed by a public officer in performance of his official duties. The Washington Supreme Court reviewed this rule once again in an action for false arrest and imprisonment against a Port of Seattle commissioner. Defendant, an employer ex officio of the security guard at the Seattle-Tacoma International Airport, personally arrested and maintained custody over plaintiff for a period in excess of three hours. Plaintiff sued the commissioner, his marital community, and Port of Seattle. Suit against Port of Seattle was dismissed, but judgment was entered against defendant …

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Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon Jun 1965

Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon

Washington Law Review

Plaintiff sued to recover damages for injuries received while a passenger in defendant's automobile. Upon plaintiff's motion under Alaska Rule of Civil Procedure 34, the trial court allowed discovery of defendant's automobile liability insurance policy, and of witnesses' written statements obtained by defendant's counsel, including any written statements of the defendant and plaintiff. On appeal, the Alaska Supreme Court affirmed. Held: Under Alaska Rule of Civil Procedure 34, a plaintiff is entitled to discovery of defendant's insurance policy and any written statements of witnesses which were obtained by defendant's counsel. Miller v. Harpster, 392 P.2d 21 (Alaska 1964).

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Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon Jun 1965

Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon

Washington Law Review

Defendant was riding as a guest in a car when Seattle police stopped the car and arrested the driver for twice turning without signaling and for failure to produce a valid driver's license. Defendant and the other passengers in the automobile were also arrested and taken to jail. The car was impounded. A search of the car the next day, accomplished without a search warrant, disclosed two revolvers hidden under the dash. At defendant's subsequent trial on robbery charges, the revolvers were admitted in evidence despite defendant's motion to suppress and objection. The trial court ruled that, although defendant's arrest …

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Property—Power Of Termination—Effect Of Failure To Exercise Within A Reasonable Time, Anon Jun 1965

Property—Power Of Termination—Effect Of Failure To Exercise Within A Reasonable Time, Anon

Washington Law Review

The Washington court recently considered the effect of prolonged silence and lack of affirmative action by the holder of a power of termination after a condition subsequent has been broken. In 1884, the grantor conveyed land to a water company. The deed required that the land be used for a right of way to conduct water, enforceable by a power of termination reserved to the grantor and his heirs. The land was subsequently conveyed to plaintiff by a deed subject to the same condition. Prior to 1905, the condition occurred when the land was set aside for park purposes. Not …

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Torts—Intentional Interference With Contractual Relationship—Malicious Interference With Attorney-Client Relationship, Anon Jun 1965

Torts—Intentional Interference With Contractual Relationship—Malicious Interference With Attorney-Client Relationship, Anon

Washington Law Review

The Washington Supreme court recently decided a case having personal as well as professional interest to the legal profession. Plaintiff, an attorney, was requested by a widow to make arrangements whereby she could continue her deceased husband's business, and initiated probate of the husband's estate. Defendants, tax consultants and certified public accountants, were later retained by the widow to perform the estate's tax work. At defendant's urging, the widow selected another attorney from a list furnished by defendants and terminated plaintiff's employment. Plaintiff, upon inquiry, was informed by defendants that they hired and fired attorneys for their clients. Plaintiff sued …

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Contracts—Property—Evidence—Oral Contracts To Devise, Anon Jun 1965

Contracts—Property—Evidence—Oral Contracts To Devise, Anon

Washington Law Review

Nearly twenty years after it was announced, the Washington court has amplified an announced intention to enforce stringent technical rules in its consideration of oral contracts to devise. In an action for specific performance of his deceased employer's alleged oral contract to devise realty, plaintiff presented an uncontroverted line of evidence dating from 1937. At that time plaintiff was a friend and neighbor of decedent and her husband, and was employed as a logger at a wage of $5.60 per day. Shortly after the husband's death, plaintiff left his logging job and commenced operation of decedent's farm for $1.50 per …

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Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon Jun 1965

Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon

Washington Law Review

The question whether analyses of blood samples taken from a deceased person may be admitted into evidence in a civil suit is one of first impression in Washington. Plaintiff, a truck-owner, sued decedent's executor for damages to his truck sustained in a collision with decedent's automobile, alleging that decedent was negligent in driving under the influence of intoxicants. A blood sample was taken by a coroner, in accordance with Washington Revised Code section 68.08.106, approximately one hour after death. Analysis of decedent's blood sample was admitted into evidence over defendant's objection, as proof of decedent's intoxication. On appeal from a …

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Torts—Admissibility Of Extrinsic Evidence As Proof Of Libel Per Se, Anon Jun 1965

Torts—Admissibility Of Extrinsic Evidence As Proof Of Libel Per Se, Anon

Washington Law Review

The dubious distinction between libel per se and libel per quod may be non-existent in Washington following a recent supreme court decision. Plaintiff was divorced from his former wife, Hazel, on February 3, 1960. In September 1960, he married his present wife. Thereafter plaintiff instituted a suit to modify the divorce decree. Defendant newspaper, in reporting this suit, printed the following statement: "Divorce Granted-Hazel M. Pitts from Phillip Pitts." Plaintiff sued defendant for libel, alleging that considering extrinsic facts the publication was libelous per se; it gave the impression that plaintiff's second marriage was illegal and that he was a …

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Jurisdiction—Service Of Process On Foreign Corporation, Anon Jun 1965

Jurisdiction—Service Of Process On Foreign Corporation, Anon

Washington Law Review

Alaska statutory provisions for service of process on foreign corporations have been given long-arm effect. The purchaser of a road scraper sued his vendor, the distributor, for breach of warranty as to the condition of the scraper. The distributor filed a third party complaint against a non-resident manufacturer from which it had ordered and received equipment over the course of several years under an exclusive distribution sales and service agreement for the state of Alaska. Because the manufacturer had no agent in Alaska on whom process could be served, copies of the complaint and summons were delivered by the retailer …

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Workmen's Compensation—Back Injuries—Absence Of Unusual Strain Or Exertion, Anon Jun 1965

Workmen's Compensation—Back Injuries—Absence Of Unusual Strain Or Exertion, Anon

Washington Law Review

The Washington Supreme Court recently refused to apply the "unusual strain" test used in heart attack cases to back injury litigation. Claimant, a clerk-typist, suffered a herniated intervertebral disc when she twisted around to answer a telephone which rang as she was bending over in the opposite direction. Claimant's employer contended that her injury did not constitute a "sudden and tangible happening of a traumatic nature" within the statutory definition of "injury" in the Industrial Insurance Act. A compensation award by the Board of Industrial Insurance Appeals was upheld by the trial court. On appeal, held: Impairment of claimant's skeletal …

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Torts—Municipal Liability—"Natural Causes"—Climatic Conditions And Vehicular Traffic, Anon Jun 1965

Torts—Municipal Liability—"Natural Causes"—Climatic Conditions And Vehicular Traffic, Anon

Washington Law Review

A municipality is generally not liable for injuries which result from the "natural causes" of snow and ice on city sidewalks. Three recent Alaska decisions held that pedestrian and vehicular traffic which caused rough surfaces on sidewalks and crosswalks were also "natural causes."

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Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon Jun 1965

Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon

Washington Law Review

In 1961 Washington joined those states which have enacted comprehensive trade regulation statutes The Washington Supreme Court recently sustained the constitutionality of this statute in an opinion which suggests that the law will have an active future. The state Attorney General brought an action to enjoin alleged monopolization by certain motion picture distributors and theatre owners of second run feature films in the Seattle area. The trial court sustained defendants' motion to dismiss for lack of jurisdiction over the subject matter on grounds that Congress had preempted trade regulation of interstate commerce, that the Washington act would interfere with and …

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Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon Jun 1965

Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon

Washington Law Review

In July, 1960, petitioner Don Anthony White was convicted of murder in the first degree and sentenced to death. The Washington Supreme Court affirmed the conviction, and certiorari was denied by the United States Supreme Court. In February 1964, the Washington court denied petitioner's application for writ of habeas corpus. Petitioner then applied for writ of habeas corpus in the federal district court. This petition raised a new issue based on facts asserted to have come to the attention of petitioner's counsel subsequent to the denial of the application by the Washington court." Respondent penitentiary superintendant maintained that petitioner had …

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Torts—Abolition Of Doctrine Of Charitable Immunities, Anon Jun 1965

Torts—Abolition Of Doctrine Of Charitable Immunities, Anon

Washington Law Review

The doctrine of charitable immunity in Washington appears to have been finally abolished by two recent decisions of the Washington Supreme Court. In Friend v. Cove Methodist Chuch, Inc., 65 Wash. Dec.2d 155, 396 P.2d 546 (1964), plaintiffs attended a smorgasbord dinner at defendant's church as "invited members of the public." Directed to a certain door as leading to the kitchen, plaintiff wife opened the door and was severely injured when she fell into an open furnace pit. In the second decision, Herbert v. Corporation of Catholic Archbishop, 65 Wash. Dec.2d 165, 396 P.2d 552 (1964), plaintiff attended a Rosary …

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The Old Fields And The New Corn—Some Observations On The Common Law And Its Continued Vitality, G. F. Curtis Apr 1965

The Old Fields And The New Corn—Some Observations On The Common Law And Its Continued Vitality, G. F. Curtis

Washington Law Review

In contrast, the common law had its origins in the decisions of judges, and its growth through the cases. The legal system thus built is one of the imposing products of the human mind; and all who serve it are justly proud of it. Not a little of the literature of our system, indeed, is concerned to assert the superiority of the case method. "Law grows, and though the principles of law remain unchanged, yet (and it is one of the advantages of the common law) their application is to be changed with the changing circumstances of the times. Some …

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Constitutional Rights In The Public Sector: Justice Douglas On Liberty In The Welfare State, Hans A. Linde Apr 1965

Constitutional Rights In The Public Sector: Justice Douglas On Liberty In The Welfare State, Hans A. Linde

Washington Law Review

Although the needs of the national economy and national security have vastly expanded the public sector, it is the direct underwriting of individual living standards and social services that characterizes the welfare state. Inevitably, conflicts between the views and objectives of the welfare state's political management and the views of some claimants to welfare state benefits have put in issue the constitutional limitations on the power to deny, withdraw, or condition such benefits. And inevitably, the cry of "constitutional rights" in public programs has been countered with the cry of "privilege." The arguments were already familiar when Mr. Justice Douglas …

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The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens Apr 1965

The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens

Washington Law Review

Eight months before the decision of the United States Supreme Court in Gideon v. Wainwright the American Bar Association, in accordance with its long existing concern with the problem of indigent defendants, authorized the appointment of a special committee with associate subcommittees in each state "to study present practices and to initiate, coordinate and accelerate efforts to assure adequacy of the defense provided indigent persons accused of crime in the United States..." The work of state subcommittees was coordinated and directed by the American Bar Foundation. This article is based upon the report prepared by the Washington subcommittee, and follows …

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Assessments In Washington, Philip A. Trautman Apr 1965

Assessments In Washington, Philip A. Trautman

Washington Law Review

The history of the development of cities and towns in Washington, as elsewhere in the nation, is punctuated with problems relating to the construction and financing of local improvements. The accelerating increase of population in metropolitan areas of the state, can be expected to multiply these problems. It thus seems appropriate to examine special assessment principles as an aid to counsel representing private parties or municipalities

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The Juvenile Offender And Self-Incrimination, Rodger W. Pegues Apr 1965

The Juvenile Offender And Self-Incrimination, Rodger W. Pegues

Washington Law Review

A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …

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Reciprocity And The Federal Antitrust Laws, Bernard E. Harvith Apr 1965

Reciprocity And The Federal Antitrust Laws, Bernard E. Harvith

Washington Law Review

The Jones Chemical Company is considering its next purchase of the cardboard barrels in which it packages much of its output. The salesman from Smith Paper Products suggests that his firm be given preference, since it purchases large quantities of chemicals from Jones. He even hints that those purchases will be increased if Jones will make the "right" decision in regard to its orders. This prediction proves to be correct, after Jones purchases its barrels from Smith. These firms are engaging in a common business practice which has come to be called "reciprocity." This modern industrial version of the ancient …

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Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon Apr 1965

Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon

Washington Law Review

Plaintiff, trustee in bankruptcy of defendant's former husband, brought suit in federal district court to set aside as a fraudulent conveyance a Washington court's award of community property to the defendant incident to her divorce. The district court granted summary judgment for defendant on the ground that the trustee's attack on the award depended upon the community nature of the property which had been terminated by the divorce. On appeal, the Ninth Circuit Court of Appeals reversed and remanded. Held: Because a Washington marital community is not an entity with separate legal existence, an award of community property by a …

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Aggravation Outside Covered Employment Of Prior Industrial Injury Is Compensable, Anon Apr 1965

Aggravation Outside Covered Employment Of Prior Industrial Injury Is Compensable, Anon

Washington Law Review

In 1955, claimant suffered a sacroiliac strain while working within employment covered by the Washington Industrial Insurance Act. His compensation claim was closed with an award of $1,800 and a determination of thirty per cent permanent partial disability. Three years later, while visiting a relative, claimant unloaded some heavy sacks of grain and carried them from a truck into a storage building. He was obliged to undergo medical treatment the next day for pain and stiffness in his back. Claimant's application to readjust his previous award was rejected by the Department of Labor and Industries on the ground that he …

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Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon Apr 1965

Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon

Washington Law Review

Plaintiff, an Air Force officer stationed in Alaska, commenced action for divorce under the provisions of an Alaska statute which extends divorce jurisdiction to military personnel who have resided within the state for one year. Defendant, a domiciliary of Pennsylvania, made a general appearance by attorney and contested the court's jurisdiction to grant the decree, alleging that plaintiff was not an Alaska domiciliary. The lower court dismissed plaintiff's complaint for lack of jurisdiction. On appeal, the Alaska Supreme Court reversed. Held: An Alaska court has jurisdiction to grant divorces to military personnel who have resided in the state for one …

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Federal Private Antitrust Action Is Characterized As Penal Under State Law, Anon Apr 1965

Federal Private Antitrust Action Is Characterized As Penal Under State Law, Anon

Washington Law Review

Plaintiffs brought a treble damage action under section 4 of the Clayton Act alleging violations by defendant oil companies of sections 1 and 2 of the Sherman Act. These violations purportedly occurred some two years prior to the filing of plaintiffs' action. The district court for the southern district of California dismissed the action on the ground that it was barred by the one year California statute of limitations relating to statutory forfeitures or penalties. On appeal, the Court of Appeals for the Ninth Circuit affirmed. Held: A private antitrust action under the Clayton Act is an action to recover …

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