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Articles 5461 - 5490 of 6130

Full-Text Articles in Law

Taxation, Alfred Harsch Aug 1953

Taxation, Alfred Harsch

Washington Law Review

Of the fourteen acts which relate directly to taxation four are primarily administrative in nature, one repeals an obsolete statute relating to property tax rebates, one provides additional exemptions from county real estate sales tax, and one provides more favorable treatment with respect to the taxation of extractors of copra. Of somewhat broader significance from a fiscal standpoint is the act providing for reallocation of property tax millages under the forty-mill limitation law, and the act relating to the number of electors required in special school elections held prior to November, 1954. The latter act has been the subject of …

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Civil Rights, John B. Sholley Aug 1953

Civil Rights, John B. Sholley

Washington Law Review

Covers racial discrimination.

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Corporations, J. Gordon Gose Aug 1953

Corporations, J. Gordon Gose

Washington Law Review

Covers corporate charitable contributions.

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Domestic Relations, John W. Richards Aug 1953

Domestic Relations, John W. Richards

Washington Law Review

Covers family desertion and nonsupport.

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Evidence, John W. Richards Aug 1953

Evidence, John W. Richards

Washington Law Review

Covers the Uniform Photographic Copies of Business and Public Records as Evidence Act.

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Property, Harry M. Cross Aug 1953

Property, Harry M. Cross

Washington Law Review

Covers alien land law and survivorship in joint tenancies.

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Sales, Robert L. Taylor Aug 1953

Sales, Robert L. Taylor

Washington Law Review

Covers bulk sales and motor vehicle licensing and registration.

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Social Legislation, John B. Sholley Aug 1953

Social Legislation, John B. Sholley

Washington Law Review

Covers compensation for civil defense workers, public assistance, unemployment compensation, and workmen's compensation.

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State Government, Ivan C. Rutledge Aug 1953

State Government, Ivan C. Rutledge

Washington Law Review

Covers administrative and legislative procedures.

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Torts, John W. Richards Aug 1953

Torts, John W. Richards

Washington Law Review

Covers survival of actions when the tort-feasor dies.

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Deportation As A Denial Of Substantive Due Process, Stimson Bullitt Aug 1953

Deportation As A Denial Of Substantive Due Process, Stimson Bullitt

Washington Law Review

This article considers the basis and limit of the constitutional power to deport aliens who have become settled residents of the United States

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Workmen's Compensation—Employees In Dual Activity, Gordon F. Crandall Aug 1953

Workmen's Compensation—Employees In Dual Activity, Gordon F. Crandall

Washington Law Review

The recent case of Muck v. Snokomish County PUD presented an issue involving the compulsory coverage of the Industrial Insurance Act, more commonly known as Workmen's Compensation, which has been a confusing question in several other cases, and does not yet seem to be finally resolved. There an employee was a sales manager for an electrical appliance store, and his occupation as such did not bring him under the compulsory provisions of the Act. No industrial insurance premiums were paid for his time. On the day of his death, he accompanied the serviceman to a customer's house where they were …

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Community Property—Life Insurance, Dale Riveland Aug 1953

Community Property—Life Insurance, Dale Riveland

Washington Law Review

The insurer interpleaded the insured's daughter as named beneficiary and the insured's wife to determine which was entitled to the proceeds of a group life insurance contract paid from wages. The jury found that the deceased and his wife had agreed that the earnings of each should be separate property. Thus the verdict was for the daughter because the insured had complete ownership of the policy and could select any beneficiary he saw fit. Held on Appeal, reversed and remanded with instructions to enter judgment in favor of the wife. There was insufficient evidence to establish the alleged separate property …

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Evidence—Patient Physician Privilege—Waiver Of Privilege To One Physician As Waiver To Other Physician—Waiver By Patient's Own Testimony, James F. Mcateer Aug 1953

Evidence—Patient Physician Privilege—Waiver Of Privilege To One Physician As Waiver To Other Physician—Waiver By Patient's Own Testimony, James F. Mcateer

Washington Law Review

P sought recovery for injuries arising out of an automobile accident. During trial P introduced three physicians who testified that P had suffered disability in his right arm involving weakness, numbness, and difficulty of movement. P himself took the stand and testified that the injuries described by his doctors resulted from the accident and that, prior to the accident, he had not consulted a doctor for "years." The jury returned a verdict for P for $21,000. The trial court granted D a new trial on the issue of damages because of newly discovered evidence consisting of another physician who would …

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Evidence—Cross Examination Of Defendant's Character Witness—Scope, Michael Mines Aug 1953

Evidence—Cross Examination Of Defendant's Character Witness—Scope, Michael Mines

Washington Law Review

D was convicted of second degree burglary. During the cross examination of three character witnesses for the defense, the prosecuting attorney asked, over the objections of the defense, the following questions: "Did you know that in 1941 D had is operator's license suspended?", "Did you know that D spent twelve days in jail and was fined twenty-five dollars for drunkenness on January 10, 1949?" and "Did you know D was given twenty days for vagrancy in the city jail of Walla Walla?" Held: The form of the questions was proper as long as it was not for the purpose of …

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Insurance—Conflict Of Interests—Bad Faith Of Insurer, Myron J. Carlson Aug 1953

Insurance—Conflict Of Interests—Bad Faith Of Insurer, Myron J. Carlson

Washington Law Review

P, the insured under a public liability insurance policy with D, had been sued by an injured party; one of the grounds alleged for recovery was expressly excepted by the terms of the policy. D insisted on its policy right to control the defense and also to withdraw and disclaim all liability if at the trial the loss was found to be outside the policy coverage. P objected to the reservation of rights by D, pointing out that it would be to D's interest at the trial to allow proof of the loss on grounds outside the policy coverage and …

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Estate And Gift Taxation Of The Marital Community: Integration Or Disintegration?, Brockman Adams May 1953

Estate And Gift Taxation Of The Marital Community: Integration Or Disintegration?, Brockman Adams

Washington Law Review

Prior to 1948 it was immediately apparent that any discussion of federal estate and gift taxation had to be divided into the two categories of community property and common law Though an obvious attempt has been made to eliminate the major differences in tax treatment of the two systems, there are still many distinctions which do not meet the eye on a casual reading of the statute. The average practitioner, and for that matter the average "tax lawyer," does not have time to explore the technicalities of the new marital deduction "equalizer" let alone suggest necessary revisions. This article is …

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Corporations—Right Of Director To Inspect Corporate Books, Robert F. Brachtenbach May 1953

Corporations—Right Of Director To Inspect Corporate Books, Robert F. Brachtenbach

Washington Law Review

P, as a director and stockholder of a corporation, sought a writ of mandamus to compel the corporation's officers to make available for inspection by P certain corporate books and records. The court found that P's purposes in seeking inspection of the records were hostile to the corporation and if consummated would be inimical to the best interests of the corporation. The trial court dismissed P's petition. Held: Affirmed. State ex rel. Paschall v. Scott, 141 Wash. Dec. 62, 247 P.2d 543 (1952).

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Houseshold Finance Case: Statutory Review Of Discretionary Power To License, Roger I. Lewis May 1953

Houseshold Finance Case: Statutory Review Of Discretionary Power To License, Roger I. Lewis

Washington Law Review

The recent case of Household Finance Co. v. State involves judicial review of a discretionary power to issue small loan licenses; but the language used by the court is of such breadth that the entire field of judicial review of administrative licensing must be re-examined. The plaintiff (Household Finance Co.) desired to open small loan agencies in Seattle and Vancouver. In compliance with statute, it made application to the Supervisor of Banks for the necessary licenses, but the application was denied. In accordance with statutory procedure, the superior court of Thurston County held a trial de novo. At the conclusion …

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Taxation—Prizes For Artistic Or Scholastic Accomplishments—Gifts Or Income?, Newman L. Dotson May 1953

Taxation—Prizes For Artistic Or Scholastic Accomplishments—Gifts Or Income?, Newman L. Dotson

Washington Law Review

P won $25,000 for the best symphony entered in a contest sponsored by a philanthropist. P composed his symphony during a three year period, 1936 to 1939, entered the contest and won the prize in 1947. The sponsor of the award derived no profit from the contest nor from P's participation in it. The Commissioner of Internal Revenue ruled that the entire award was taxable as income and under I.R.C. § 107(b), to be computed as though the award had been ratably received over the three year period ending with 1947. P filed a claim for refund on the ground …

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Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves May 1953

Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves

Washington Law Review

In recent years, an ever increasing number of cases involving some phase of this problem has come before the appellate courts of the several states. The purpose of this article is to review the law as it presently exists in Washington, to point out the particular problems facing the Washington lawyer handling such a case, and to make suggestions for effective action based upon a survey of end results accomplished by the actual application of one or more of the bases of jurisdiction in other states.

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The Law Of The Case Doctrine, William S. Stinnette May 1953

The Law Of The Case Doctrine, William S. Stinnette

Washington Law Review

A rule of law which requires a court to perpetuate its previous errors appears to be one which would bear examination. Such a rule is the doctrine of the law of the case. The doctrine is very similar in purpose to that of res judicata. Both are doctrines of repose, expressions of a policy of the law that the litigation of a controversy should terminate when the parties have had their day in court. Very generally, the doctrine of res judicata is designed to.prevent further litigation of a cause of action which has terminated and merged into a final judgement. …

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Constitutional Law—Fourteenth Amendment—Religious Education—Validity Of Released Time Programs, Raymond H. Siderius May 1953

Constitutional Law—Fourteenth Amendment—Religious Education—Validity Of Released Time Programs, Raymond H. Siderius

Washington Law Review

In 1948 the Supreme Court (8-1) held invalid under the 14th Amendment a system adopted by the Illinois Board of Education which permitted students, on written request of their parents, to be released during regular school hours for religious instruction or devotion in the public school buildings. McCollum v. Board of Education 333 U.S. 203, 2 A.L.R. 2d 1338 (1948). Under these so-called "released time" plans, non-participating children remain in the classroom and continue some form of secular study. Since the majority opinion in the McCollum case relied in part upon the metaphorical "wall of separation between Church and State," …

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Divorce—Domicile Of Choice—Military Personnel, Hugh Mcgough May 1953

Divorce—Domicile Of Choice—Military Personnel, Hugh Mcgough

Washington Law Review

P was stationed at Fairchild Air Force Base near Spokane. When his wife joined him in April, 1950, he took quarters outside the base. He told his friends that he intinded to make Spokane his permanent home. In July, 1950, he was sent overseas. His wife returned to Philadelphia, their domicile of origin. In November, 1950, P returned to Spokane, and, except for two trips to Philadelphia to visit his wife who refused to join him, remained in Spokane. He found work there after his discharge in November, 1951. In July, 1951, P commenced this action for a divorce. D …

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Personal Injuries: Unemancipated Child Given Cause Of Action Against Parent Negligent In Non-Parental Act, Ivor Lusty May 1953

Personal Injuries: Unemancipated Child Given Cause Of Action Against Parent Negligent In Non-Parental Act, Ivor Lusty

Washington Law Review

A partner in a common carrier partnership, while driving a partnership vehicle on business, negligently injured his minor son who was playing in the street. The child, P, through his guardian ad litem sues the partnership for personal injuries. D's demurrer sustained. Held: reversed (7 to 2), Borst v. Borst, 141 Wash. Dec. 598, 251 P. 2d 149 (1952).

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Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin May 1953

Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin

Washington Law Review

D was indicted for second-degree burglary. During the course of the trial one of the jurors became ill, and on motion of D's counsel, with approval of the prosecutor and the court, the ailing juror was excused and the trial proceeded with eleven jurors. The jury of eleven subsequently brought in a verdict of guilty against D. Appeal. Held: Affirmed. An accused may waive his privilege of trial before a jury of twelve and submit it to eleven jurors if he acts intelligently, voluntarily, and free from improper influences. State v. Lane, 40 Wn. 2d 734, 264 P. 2d 474 …

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Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray Feb 1953

Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray

Washington Law Review

Although much has been written criticizing the statutory right of redemption from real estate foreclosures, it still exists in Washington and a majority of the United States. The basic reason for its continued existence is the strong trend throughout modern timnes to give greater protection to the "oppressed debtor." The history of the moratoria legislation of the last depression is the strongest evidence of the sympathy for the debtor class, and the statutory right of redemption comprises not only a large part of the trend, but it is the place where the policy of favoring the mortgage debtor has reached …

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The Taxation Of Corporate Surplus Accumulations, By James K. Hall (1952), Kenneth A. Cox Feb 1953

The Taxation Of Corporate Surplus Accumulations, By James K. Hall (1952), Kenneth A. Cox

Washington Law Review

It is this provision of the tax laws which engages the attention of Dr. James K. Hall, Professor of Economics at the University of Washington, in this study prepared for the Joint Committee on the Economic Report. The result is a comprehensive and informative survey covering the basic purposes underlying Section 102, its history, its economic effects upon corporations within its orbit and upon the economy generally, the administration of the Section by the Bureau of Internal Revenue, its treatment by the courts, and the criticisms which have been leveled against it; together with proposals for its modification. Although designed …

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Insurance—Endowment Policy Disbursement—Testamentary Or Contractual, Ivor Lusty Feb 1953

Insurance—Endowment Policy Disbursement—Testamentary Or Contractual, Ivor Lusty

Washington Law Review

S, owner of a fully paid endowment life policy, elected Option 1 as a method of settlement. This gave him a lifetime access to the principal sum and interest, the right to name distributees for the residue, if any, at his death, but withheld the right to change the distributees once named. P, executor of S's estate, claims the residue from D, the insurer, contending the Option 1 agreement to be in violation of the Statute of Wills. The trial court found for D. On appeal, Held: Affirmed. Toulouse v. New York Life Insurance Co., 40 Wn. 2d 538, 245 …

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Constitutional Law—Privileges And Immunities Clause—Validity Of Statute Charging Higher Fees To Territorial Nonresident Fishermen, Philip A. Trautman Feb 1953

Constitutional Law—Privileges And Immunities Clause—Validity Of Statute Charging Higher Fees To Territorial Nonresident Fishermen, Philip A. Trautman

Washington Law Review

P brought an action against the Commissioner of Taxation for the Territory of Alaska to obtain a declaration that a statute imposing a $50 license fee on nonresident commercial fishermen as compared to a $5 fee on residents was unconstitutional. D answered that 90% of the cost of collecting fees was incurred in collecting the nonresident fees. District court held for D. Court of Appeals reversed. On certiorari, Held: Affirmed. The statue violates the privileges and immunities clause of Art. IV of the U. S. Constitution, which clause is made applicable to Alaska by the Organic Act. The amount of …

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