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Articles 5101 - 5130 of 6130

Full-Text Articles in Law

Real Estate Investment Trusts In Washington, Birney N. Dempcy Dec 1962

Real Estate Investment Trusts In Washington, Birney N. Dempcy

Washington Law Review

In 1960 Congress adopted §§ 856-858 of the Internal Revenue Code with the avowed purpose of granting to the small investor in real estate the same federal income tax advantages that are afforded investors in regulated investment companies. However the tax advantages that are granted have not given rise to a general adoption of organizations which qualify for the tax advantages. The major reasons for this lack of interest are the complexity of the sections themselves, problems raised by the regulations (many of which have been rectified by the final regulations which were adopted April 28, 1962), and problems raised …

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The Child As A Witness, Charles F. Stafford Sep 1962

The Child As A Witness, Charles F. Stafford

Washington Law Review

Most parents will agree that small children have an uncanny ability of being in strange places at unexpected moments. Children are often in the right place at the right time to see people, things and events that are never witnessed by adults. As we know from experience, they often overhear things that adults have felt were said in confidence or were said because they felt there were no witnesses. While this faculty is often a mere source of annoyance to the adult members of the family, it may have considerable impact upon the outcome of some legal action. Unfortunately, the …

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Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey Sep 1962

Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey

Washington Law Review

It is our hope that this discussion will serve a dual purpose: (1) provide a basis for evaluating the desirability of Article 5 and so aid in an over-all evaluation of the Uniform Commercial Code in this period of pre-enactment consideration of the Code's merits, and (2) provide a point of departure for Washington bankers and lawyers who become concerned with letter of credit problems after enactment of the Code. The first of these objectives seems better served if we undertake with each section a critique of its operation in light of the existing practice. This we have done.

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New Trials For Failure Of Substantial Justice, Philip A. Trautman Sep 1962

New Trials For Failure Of Substantial Justice, Philip A. Trautman

Washington Law Review

Of the several grounds for a new trial in Washington, one in particular has created considerable difficulty for the supreme court, the superior court judges, and counsel. The ground in question is set forth in Rules of Pleading and Procedure 59.04W(9), "That substantial justice has not been done." This is 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." The problem has been one of determining the degree of discretion resting with …

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Annexation By Municipal Corporations, John E. Iverson Sep 1962

Annexation By Municipal Corporations, John E. Iverson

Washington Law Review

Problems caused by the growth of urban fringe areas have increased, particularly since World War II. As the population of these areas increases, so does the need for public services and the attendant need for effective local government. County government in Washington has remained generally unchanged since its inception one hundred years ago. Conceived in contemplation of a rural, lightly populated area requiring only a minimum of services, county government was not designed to deal with urban problems. As a result, the task of providing governmental services has been assumed by existing municipalities, which, in order to gain the requisite …

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Some Aspects Of The Omnibus Clause, David C. Lycette Sep 1962

Some Aspects Of The Omnibus Clause, David C. Lycette

Washington Law Review

The presence of an omnibus clause in automobile insurance policies can be attributed to the highly competitive nature of the insurance industry. Basically, the omnibus clause is designed to give insurance coverage to an un-named person who is driving the policyholder's automobile with the latter's consent. A standard clause reads, With respect to the insurance for bodily injury liability and for property damages liability the unqualified word "insured" includes the named insured and also includes any person while using the automobile and any organization legally responsible for the use thereof, provided the actual use is by the named insured or …

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Federal Estate And State Inheritance Tax Aspects Of The Family Allowance, The Homestead, And The In Lieu Of Homestead Awards, Donna Berg Sep 1962

Federal Estate And State Inheritance Tax Aspects Of The Family Allowance, The Homestead, And The In Lieu Of Homestead Awards, Donna Berg

Washington Law Review

Petitions for setting aside the homestead or for an award in lieu of homestead are relatively common, and the family allowance is often requested. The availability of family support payments as deductions from the decedent's estate for federal estate and state inheritance tax purposes will be considered in this Comment. Their deductibility vel non for Washington State Inheritance Tax purposes is reasonably clear. For Federal Estate Tax purposes, it appears that the homestead or in lieu of homestead award does qualify, but that the family allowance does not qualify, for the marital deduction.

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Adminstrative Law—Driver's License Suspension—Opportunity To Be Heard, Fred D. Smith Jul 1962

Adminstrative Law—Driver's License Suspension—Opportunity To Be Heard, Fred D. Smith

Washington Law Review

In Gnecchi v. State the Washington Supreme Court failed to take advantage of an opportunity to discredit the right-privilege dichotomy, a concept which the court has used in the past to determine a citizen's interest in his driver's license. The court continued to consider the driver's license a privilege which may be revoked or suspended without a hearing.

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Attorney-Client—Disciplinary Proceedings—Mental Competency, Evan L. Schwab Jul 1962

Attorney-Client—Disciplinary Proceedings—Mental Competency, Evan L. Schwab

Washington Law Review

May mental irresponsibility be an effective defense in disciplinary proceedings brought against an attorney? The Washington court answered in the affirmative in the recent case of In re Sherman, setting forth the requirements for such a defense.

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Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard Jul 1962

Community Property—Statutory Agreement For Disposition At Death—Termination, C. David Sheppard

Washington Law Review

Recently adopted Initiative 2081 has evoked no small amount of comment, much of which centers about the problems of uncertainty, utility, and questioned reception and treatment by the courts. Although passed with the stated aim of eliminating probate expenses, the uncertainty of the Initiative may well occasion, in the individual case, as much or more litigation expense than probate ever would. This consideration, where survivorship is the end sought, may well lead to increased use of the relatively more certain community property agreement. Because of this possibility of increased use, and because In re Wittman emphasizes the manner in which …

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Contracts—Earnest-Money Payments—Vendee's Recovery Denied Where Agreement Fails To Comply With Statute Of Frauds, Stanley H. Barer Jul 1962

Contracts—Earnest-Money Payments—Vendee's Recovery Denied Where Agreement Fails To Comply With Statute Of Frauds, Stanley H. Barer

Washington Law Review

In Schweiter v. Halsey, the Washington Supreme Court held that if a vendor of real property has not repudiated, but is ready, willing and able to perform, the vendee cannot recover payments made upon the purchase price although the earnest-money agreement does not satisfy the Statute of Frauds.

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Criminal Law—Murder—Negligent Medical Treatment Intervening Between Defendant's Act And Decedent's Death, Charles B. Cooper Jul 1962

Criminal Law—Murder—Negligent Medical Treatment Intervening Between Defendant's Act And Decedent's Death, Charles B. Cooper

Washington Law Review

In reviewing a murder conviction, the Washington court recently was confronted with the problem of negligent medical treatment intervening between the defendant's act and the ensuing death. In affirming, the court apparently took the extreme position that proximate causation is solely a jury question, the inquiry on appeal being limited to a cause-in-fact analysis.

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Racial Minority Housing In Washington, Arval A. Morris, Daniel B. Ritter Jul 1962

Racial Minority Housing In Washington, Arval A. Morris, Daniel B. Ritter

Washington Law Review

O'Meara v. Washington State Bd. Against Discrimination\ called upon the Washington Supreme Court to pass for the first time on the constitutionality of Washington's Anti-Discrimination Statute. The court invalidated the portion applicable to housing. This comment discusses the social and legal contexts in which the case was decided, the disposition of the case at the trial and appellate levels, and the merit of some alternative measures for preventing discrimination in housing.

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Labor Law—Labor Disputes—Federal Pre-Emption Of Jurisdiction, Harold D. Johnson Jul 1962

Labor Law—Labor Disputes—Federal Pre-Emption Of Jurisdiction, Harold D. Johnson

Washington Law Review

The doctrine of federal pre-emption of jurisdiction over labor disputes was given a significant application by the Washington Supreme Court in 1961. In Freeman v. Retail Clerks Union, Local No. 1207, the court held that since the "controversy is within the 'arguably subject' rule of San Diego Bldg. Trades Council v. Garmon ..." the state courts lacked jurisdiction to grant an injunction against peaceful picketing.

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Landlord And Tenant—Unlawful Detainer—Set-Off's & Counterclaims, Evan L. Schwab Jul 1962

Landlord And Tenant—Unlawful Detainer—Set-Off's & Counterclaims, Evan L. Schwab

Washington Law Review

In Young v. Riley the Washington Supreme Court cited a broken line of decisions, called them "unbroken," and held that set-off's and counterclaims cannot be adjudicated in unlawful detainer actions.

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Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher Jul 1962

Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher

Washington Law Review

In 1958 the Seattle City Council promulgated Ordinance No. 83784, which regulated the ownership and operation of juke boxes within the city. By the terms of this ordinance, one could own a juke box only upon the acquisition of a "juke box operator's license." Yet the ordinance authorized fewer consents than were already outstanding, and its prospective effect was such as to exclude all but existing licensees from the juke box field. Thus, when L. D. Ragan applied for an "operator's license" his application was denied. Ragan sought a judgment declaring this ordinance unconstitutional, and from an adverse ruling by …

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Pleading, Practice And Procedure—Sanctions For Enforcement Of Discovery—Constitutionality Of Rule 37, Richard H. Williams Jul 1962

Pleading, Practice And Procedure—Sanctions For Enforcement Of Discovery—Constitutionality Of Rule 37, Richard H. Williams

Washington Law Review

The Washington Supreme Court recently heard Mitchell v. Watson, a case of first impression concerning the interpretation, application, and constitutionality of Rule of Pleading, Practice and Procedure 37.2 The principles derived from the decision have an important impact upon the successful implementation of Rule 37 in Washington.

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Security Transactions—Mortgage On Shifting Stock Of Merchandise—Mortgagor's Duty To Account, John E. Iverson Jul 1962

Security Transactions—Mortgage On Shifting Stock Of Merchandise—Mortgagor's Duty To Account, John E. Iverson

Washington Law Review

Washington businessmen using mortgages on shifting stocks of merchandise as a security arrangement received encouragement from United States Rubber Co. v. Young, that more liberal agreements and procedures may be allowed. However, by failing to expressly overrule certain prior judicial restrictions on the use of this type of security, the Washington Supreme Court has left some unnecessary confusion to be resolved in the future.

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Real Property—Aboltion Of Rule In Shelley's Case—Testamentary Dispositions, Harold D. Johnson Jul 1962

Real Property—Aboltion Of Rule In Shelley's Case—Testamentary Dispositions, Harold D. Johnson

Washington Law Review

The state of title to an undetermined amount of realty in Washington was put in question by the Washington court's decision in Rubenser v. Felice. That case marked the end, in Washington, of an ancient and troublesome rule of law-the Rule in Shelley's Case—in testamentary dispositions of realty.

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Security Transactions—Priority—Federal Tax Liens And Future Advance Mortgages, Beverly J. Rosenow Jul 1962

Security Transactions—Priority—Federal Tax Liens And Future Advance Mortgages, Beverly J. Rosenow

Washington Law Review

In American Surety Co. v. Sundberg the Washington Supreme Court made a startling encroachment upon the sanctity of a secured mortgage. Using the United States Supreme Court's test of "choateness," the court held that the lien of a mortgage securing future advances is subordinate to federal tax liens filed subsequent to the filing of the mortgage, but prior to advances for which the lien was claimed.

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State And Local Taxation—County-Imposed Real Estate Sales Tax—Applicabilty To Corporate Transfers In Dissolution, Gordon G. Conger Jul 1962

State And Local Taxation—County-Imposed Real Estate Sales Tax—Applicabilty To Corporate Transfers In Dissolution, Gordon G. Conger

Washington Law Review

Extending the reasoning in Deer Park Pine Indus., Inc. v. Stevens County, Doric Co. v. King County holds that a distribution of a dissolved corporation's sole asset to its sole shareholder, who does not assume an existing debt of the corporation, is not a sale within the meaning of RCW 28.45.050, which authorizes counties to levy a tax on the sale of real estate.

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Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr. Jul 1962

Torts—Evidence Of Lack Of Malice By Defendant To Mitigate Damage In Defamation Action, John H. Binns, Jr.

Washington Law Review

Prior to the appearance of Farrar v. Tribune Publishing Co., it appeared reasonably clear that in defamation actions, evidence of the defendant's malice or good faith was not admissible for the purpose of enhancing or mitigating damages. Since malice is not an essential element of civil libel or slander, evidence of malice was considered immaterial and hence inadmissible under the Washington rule prohibiting punitive or exemplary damages. The actual malice of the defendant was considered relevant only in those actions which involved overcoming a qualified privilege. Farrar seems to have changed or at least obscured the clarity of these rules.

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Security Transactions—Survival Of Mortgage-Lien On Conditional Vendee's Interest Following Declaration Of Forfeiture, Hartley Paul Jul 1962

Security Transactions—Survival Of Mortgage-Lien On Conditional Vendee's Interest Following Declaration Of Forfeiture, Hartley Paul

Washington Law Review

In Norlin v. Montgomery the Washington court (1) held that a mortgagee of the vendee's interest under a forfeitable real estate contract has a lien on the equity of the vendee, and (2) implied that the lien survives a default by the vendee and a subsequent declaration of forfeiture by the vendor.

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Sales—Automobile Warranties, Daniel B. Ritter Jul 1962

Sales—Automobile Warranties, Daniel B. Ritter

Washington Law Review

A defective switch in a new automobile started a fire that destroyed the entire machine. Under the standard warranty given by all automobile manufacturers, the dealer's only obligation was to supply a new switch. By so deciding, Norway v. Root illustrated the worthlessness of the standard warranty. But the importance of the case lies in the Washington court's intimation that it might invalidate disclaimers of implied warranty in automobile sales were the issue squarely presented.

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Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher Jul 1962

Torts—Occupier's Liability—The Licensee And Invitee In Washington, Dick Steincipher

Washington Law Review

Since their development by the English court in Indermaur v. Dames, the categories of trespasser, licensee and invitee have played a significant role in the law of torts. Though they were founded upon nineteenth century notions of liability, and reflect an age which had not yet discarded the feudal principles of landowner's sovereignty, these distinctions have persisted, plaguing courts and litigants alike. While other archaic rules have fallen before the demands of our industrial complex and rising social consciousness, these classifications have endured. Since few valid reasons can be given for their longevity, the distinctions are slowly losing standing under …

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Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople Jul 1962

Torts—Landowner's Liability To Servants Of Independent Contractors, Dwayne Coople

Washington Law Review

In Murk v. Aronsen the Washington Supreme Court had occasion to consider a landowner's tort liability where work is placed under the control of an independent contractor. In a 5-to-4 decision the court held that an owner is not liable to a contractor's servant injured by the negligence of a contractor who has control of the premises. By its decision the court has reaffirmed its earlier position, despite a trend toward expanding the exceptions to the rule of non-liability for torts of independent contractors.

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Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer Jul 1962

Torts—Tavernkeeper's Liability For Act Of Guest, Stanley H. Barer

Washington Law Review

In Miller v. Staton, the members of the Washington Supreme Court disagree on how properly to apply the general rule that a tavernkeeper "owes the duty to his guests to exercise reasonable care to protect them from injury at the hands of a fellow guest."

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Torts—Recovery For Suicide—Wrongful Death, Hartley Paul Jul 1962

Torts—Recovery For Suicide—Wrongful Death, Hartley Paul

Washington Law Review

The Washington Supreme Court, by a 5-to-4 decision in Orcutt v. Spokane County, made possible recovery by wrongful death action for negligent conduct resulting in suicide.

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Torts—Interspousal Actions—Personal Torts, Richard H. Williams Jul 1962

Torts—Interspousal Actions—Personal Torts, Richard H. Williams

Washington Law Review

In Goode v. Martinis, the Washington Supreme Court held that a wife has a cause of action in tort for an assault committed upon her by her husband while the parties are legally separated and divorce proceedings are pending. While restricting its holdings to the particular facts, the court rejected the rationale advanced in favor of the common law doctrine of spousal disability.

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Administrative Law—Standing To Challenge Constitutionality Of Loyalty Oath, David C. Lycette Jul 1962

Administrative Law—Standing To Challenge Constitutionality Of Loyalty Oath, David C. Lycette

Washington Law Review

In Nostrand v. Little, the Washington State Supreme Court had an opportunity to pass on the much publicized loyalty oath required of certain state employees. Against a charge that procedural due process was violated because the statute calls for immediate dismissal upon non-compliance, the court found that the oath abridged no constitutional rights of the plaintiffs, two University of Washington professors.

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