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Articles 5731 - 5760 of 6130

Full-Text Articles in Law

The Rights Of Corporate Creditors Upon Unpaid And Watered Stock Subscriptions, Jane Sue Abernethy Nov 1941

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 …

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Washington Legislation—1941 (Continued), Breck P. Mcallister, Judson F. Falknor, Eugene C. Luccock, John W. Richards, Alfred Harsch, O. B. Thorgrimson, John B. Sholley Jul 1941

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.

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Regulation Of Small Loans In Washington, Warren L. Shattuck Jul 1941

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.

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Washington Legislation—1941, J. Grattan O'Bryan, Leslie J. Ayer, Judson F. Falknor, Warren L. Shattuck, John B. Sholley, John W. Richards Apr 1941

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 …

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Old Age Assistance In Washington, Vern Countryman Apr 1941

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 …

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Survivorship In Joint Bank Accouns, And Wilson V. Ivers, M. Bayard Crutcher Apr 1941

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 …

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The Assessment And Taxation Of Easements, Snyder Jed King Jan 1941

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 …

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The Doctrine Of Foakes V. Beer In Washington, Robert A. Purdue Jan 1941

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.

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Trust Receipts, Philip W. Thayer Jan 1941

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.

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The Determination Of Property Taxes In Washington, Douglas H. Eldridge Jan 1941

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.

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Early Efforts To Locate The Capital Of Washington Territory, Arthur S. Beardsley Jan 1941

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 …

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Later Attempts To Relocate The Capital Of Washington, Arthur S. Beardsley Jan 1941

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 …

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Recording Chattel Mortgages On Fixtures, Ross Reid Nov 1940

Recording Chattel Mortgages On Fixtures, Ross Reid

Washington Law Review

The scope of this comment is limited to the problem of the chattel mortgagee in assuring notice of his lien to those who subsequently purchase or encumber the realty. The situation of the conditional vendor has been simplified by a 1933 amendment to the conditional sales contract filing statutes which provide that where the chattel is to be attached to a building, in addition to being filed, the contract also must be indexed and recorded with real estate mortgages. However, since there are several factors which may make the use of a chattel mortgage more desirable than a conditional sales …

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Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley Nov 1940

Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley

Washington Law Review

It is indeed rather surprising to discover that there is a strong possibility that all three of these taxes are unconstitutional in their present statutory forms. But this appears to be the effect of a recent decision of the state supreme court. The case referred to, State v. Inland Empire Refineries, involved the validity of a 1939 statute imposing an excise tax of one-fourth cent per gallon upon the distribution of petroleum products other than motor fuel, lubricants, and medicants. The statute was held unconstitutional in its entirety upon three independent grounds. First, the discrimination against vendors and users of …

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Applicability To Assignees Of Doctrine Of Practical Construction Of Contracts, James B. Howe, John M. Davis Nov 1940

Applicability To Assignees Of Doctrine Of Practical Construction Of Contracts, James B. Howe, John M. Davis

Washington Law Review

The courts resort to established rules of interpretation for assistance in solving the doubts found in ambiguous contracts. The cardinal rule of interpretation is that the court must endeavor to ascertain and give effect to the intention of the parties to the contract at the time of the making of the contract. Intention can not be proved by direct and positive evidence. It is a question of fact to be proved "like any other fact, by acts, conduct and circumstances". Thus the issue, the intention of the parties to the contract at the time of the making of the contract, …

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Recollection On The Witness Stand, Harwood A. Bannister Nov 1940

Recollection On The Witness Stand, Harwood A. Bannister

Washington Law Review

The art of witness interrogation is difficult where the witness on the stand is unable to narrate the event which he has observed because of some present defect in his recollection. In such case there are the following possibilities: A. The impressions once made upon the mind of the witness may be revived by some means. This is "present recollection revived". B. If a record has been made of the witness' impressions, such record may come in as evidence if certain requirements be met. This is "past recollection recorded". The purpose of this comment is to collect the Washington cases …

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Committee Reports, S. H. Kelleran, J. E. Stewart, W. G. Mclaren, L. L. Thompson Jul 1940

Committee Reports, S. H. Kelleran, J. E. Stewart, W. G. Mclaren, L. L. Thompson

Washington Law Review

Contains reports of the following committees of the Washington State Bar Association: Administrative Law, Annotations to the Restatement of Law, Bar Examiners, Cooperation with American Bar Association, Discipline and Disbarment, Federal Legislation, Legal Aid, Legal Education, Legal Ethics, Legislative, Selection of Judges, and Unauthorized Practice of Law. Also incudes the auditor's report.

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Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham Jul 1940

Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham

Washington Law Review

Advisedly has the "boycott"' been characterized as "a chameleon that is impossible of definition." Only the epithet "secondary boycott has perhaps occasioned more intricate judicial gymnastics. Justice Steinert, writing for the Washington Supreme Court, has recently observed with perspicacity that "the term 'secondary boycott' is of somewhat vague signification and has no precise and exclusive denotation." In the field of labor relations, as in other branches of the law, bench and bar have leaned on the comforting pillar of "lump concept" thinking which has more than once done yeoman's service for judicial reasoning and analysis. Truly has there been more …

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Information In The Nature Of Quo Warranto In The State Of Washington, Monford Arthur Orloff Jul 1940

Information In The Nature Of Quo Warranto In The State Of Washington, Monford Arthur Orloff

Washington Law Review

The statutory information in the nature of quo warranto is a remedy granted by the appropriate provisions of the Washington Constitution and statutes. Except for very minor changes, the statutory provisions have remained unaltered since first enacted as laws of the Territory in 1854. The decisions dealing with sections of the earlier laws are therefore, still of full effect except in so far as they have been distinguished or qualified by later decisions involving the same issues. The modem statutory information is an outgrowth of the old common law writ of quo warranto. The common law writ, as distinguished from …

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The Motor Vehicle Registration Act As A Limitation On The Chattel Mortgage Recording Act, John M. Davis Jul 1940

The Motor Vehicle Registration Act As A Limitation On The Chattel Mortgage Recording Act, John M. Davis

Washington Law Review

Because motor vehicles are so easily moved from place to place, and because of the intricacies of successive security transactions in relation to them, it has become expedient to provide for a more adequate method of ascertaining the title to any given motor vehicle than the chattel mortgage recording act provides. In the absence of a title registration act giving the same force and effect to certificates of title for motor vehicles as that given to similar certificates under a Torrens system of land registration, in many instances a purchaser cannot be certain he is buying a clear title without …

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The Washington Guest Statute, John W. Richards Apr 1940

The Washington Guest Statute, John W. Richards

Washington Law Review

The Washington Guest Statute has survived seven years, four legislative sessions and thirteen opinions comparatively unscathed, and while an appraisal of its results cannot be adequate without statistical information as to the actions which were not brought because of its provisions, it is at least possible, on the basis of this rather limited material and experience, to point out what has been done with it and what problems lie ahead. It is proposed to discuss two of the questions which it raises: The meaning of the term "invited guest or licensee without payment for such transportation," thereby regretfully but unavoidably …

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Does The Law Require A Useless Act? Parchen V. Rowley, Robert A. Purdue Apr 1940

Does The Law Require A Useless Act? Parchen V. Rowley, Robert A. Purdue

Washington Law Review

Conditions, super-imposed upon the terms of a contract by law, present some complex problems. This comment aims to point out one small but important and recurrent factual situation in which proper argument and presentation are vital in order that the correct theory of action or defense may be accurately defined. We postulate a contract for the sale of land, S to convey upon final payment. Since the contract has fixed the same date for final payment and for conveyance, the law makes these promises dependent one upon the other through the operation of constructive conditions. Normally neither party can put …

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Notes On Presumptions, Judson F. Falknor Apr 1940

Notes On Presumptions, Judson F. Falknor

Washington Law Review

The opinion of the Supreme Court of Washington in Morris v. Chicago, Milwaukee, St. Paul & Pacific Railroad Company represents the most recent effort of the Washington court to bring order out of previously existing confusion in reference to the effect of the "presumption of due care" in the trial of wrongful death actions. The deceased was killed in a grade crossing collision between his truck and defendant's train. On the basis of disinterested testimony, the court first determined that, the presumption aside, the deceased was guilty of contributory negligence as a matter of law in failing to exercise reasonable …

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The Rule In Shelley's Case In Washington, Harry M. Cross Apr 1940

The Rule In Shelley's Case In Washington, Harry M. Cross

Washington Law Review

As a state grows in age and the accumulations of private capital within its boundaries increase in size and number, problems of future interests in property law become of greater importance. Propertied individuals seek to extend control over their accumulations beyond their deaths, whether wisely or not is here unimportant. Washington is reaching this stage of maturity and its lawyers consequently will be more frequently confronted with the difficulties in creation of future interests. One of the major pitfalls facing the lawyer in this field is the rule in Shelley's Case which by its operation defeats the effort of a …

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The Written Acknowledgement: Its Effect On The Operation Of The Statute Of Limitations, Arthur S. Quigley Apr 1940

The Written Acknowledgement: Its Effect On The Operation Of The Statute Of Limitations, Arthur S. Quigley

Washington Law Review

B owes A $100. Will an acknowledgment in writing that the debt is owed, by a statement such as "I owe you $100", containing no express promise to pay, toll the statute of limitations? If so, is the time at which the acknowledgment is made, i. e., before or after the statute has once run, significant? Williston states that the unqualified acknowledgment in writing of a present obligation to another, unaccompanied by any evidence showing a determination not to pay, contains the tacit or implied expression of a promise to pay; that a promise to pay is by implication of …

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The Washington Workmen's Compensation Act From The Employers' Viewpoint, Lowell P. Mickelwait Apr 1940

The Washington Workmen's Compensation Act From The Employers' Viewpoint, Lowell P. Mickelwait

Washington Law Review

Although this state has had a workmen's compensation act since 1911, the employers generally have, until recently, paid but slight attention to the administration of the act. They have proceeded on the theory that the accident experience of the particular employer had little or no relation to the amount of contributions required to be made by that employer under the act. The situation is very different today. Every well-advised employer now realizes that, in the long run, his industrial insurance premiums will tend to approximate the cost of the accidents occurring in his own plant. By the maintenance of high …

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Disregarding The Entity Of Private Corporations [Part 2], Charles Horowitz Jan 1940

Disregarding The Entity Of Private Corporations [Part 2], Charles Horowitz

Washington Law Review

A continuation of the article, beginning with section IV, The Nature of the Duty Enforced.

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Procedure To Secure Benefits Under The Workmen's Compensation Act, John Geisness Jan 1940

Procedure To Secure Benefits Under The Workmen's Compensation Act, John Geisness

Washington Law Review

The Workmen's Compensation Act establishes funds for the payment of benefits to workmen injured in certain industries, and to their widows and children in the event of death. It also defines a procedure for the assertion of the right to such benefits. Under that procedure, the Department of Labor and Industries is vested with original jurisdiction over all claims. The courts are strictly limited to review of questions already passed upon by the Department unless the Department is acting outside of the jurisdiction conferred upon it. The legislature itself may not override the statutory procedure and appropriate money from one …

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Transfers Intended To Take Effect In Possession Or Enjoyment At Or After Transferor's Death Under The Federal Estate Tax, Alfred Harsch, Max Kaminoff Jan 1940

Transfers Intended To Take Effect In Possession Or Enjoyment At Or After Transferor's Death Under The Federal Estate Tax, Alfred Harsch, Max Kaminoff

Washington Law Review

The federal estate tax has, at all times since its adoption in 1916, provided for the inclusion in the gross estate of the decedent of all transfers "intended to take effect in possession or enjoyment at or after death". The purpose of this provision, obviously, is to prevent avoidance of the estate tax through the medium of transfers legally inter vivos which operate in such a manner as to make them fairly satisfactory substitutes for the testamentary dispositions to which the estate tax primarily applies. In describing the types of transfers to be included within the ambit of the provision …

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Status Of Picketing In Washington, Jack H. Jaffe Jan 1940

Status Of Picketing In Washington, Jack H. Jaffe

Washington Law Review

The history of the status of picketing in the eyes of the legislative and judicial bodies of our nation since the early part of this decade has been a vitally interesting one, mirroring the changes which have taken place in the social and economic outlook of the populace. It is the purpose of this article to present a brief survey of this history, giving particular emphasis to that which has transpired in the state of Washington.

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