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Articles 5881 - 5910 of 6130
Full-Text Articles in Law
Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell
Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell
Washington Law Review
This discussion will be confined to those jurisdictions adopting the lien theory of mortgages. Many of the questions involved are regulated wholly or partly by statute, so there will be no attempt to make a critical comparison of the rules in the various states. To determine what rule will be followed in any particular state, its statutes should be compared with those existing in the states in which decisions have been reported.
Constitutional Law—Construction Of Constitutional Provisions; Constitutional Law—Due Process—Closing Hours Of Barber Shops; Criminal Law—Argument And Conduct Of Counsel—Death Sentence; Divorce—Power Of Court To Modify Decree As To Alimony; Insurance—Fidelity Bonds—Recovery For Defalcation; Lis Pendens—Affect On Holders Of Unrecorded Deeds Or Encumberances, L. B. D.
Washington Law Review
No abstract provided.
Duress—Busines Compulsion—Recovery Of Payments; Husband And Wife—Confidential Communications; Husband And Wife—Liability For Expenses Of Last Illness And Funeral; Statutes—Construction—Emergency Relief Legislation; Torts—Negligence—Last Clear Chance, G. V. P.
Washington Law Review
No abstract provided.
The New Washington Business Corporation Act—Reserved Power Of Legislature To Change, Leslie J. Ayer
The New Washington Business Corporation Act—Reserved Power Of Legislature To Change, Leslie J. Ayer
Washington Law Review
The new Washington Domestic and Foreign Corporation Act was enacted by the State of Washington at the session of its Legislature convened January 9, and adjourned March 9, 1933. The Act was approved by the Governor on March 21, 1933, and by an express provision therein became effective on and after January 1, 1934. The Act is patterned upon the Uniform Business Corporation Act and may be cited as such. The history of, and the consideration given to, the drafting of this Act is treated in a note introductory to the draft originally submitted to the Legislature, published in an …
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 5, Duties and Rights Where More Persons Than One Are Promisors or Promisees of the Same Performance, from Section 117, Duty of a Joint Promisor, Joinder of Compromisors to Section 123, Discharge of a Joint and Several Promisor.
Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck
Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck
Washington Law Review
Although the terms accord and satsfactioon are generally used in the conjunctive, they constitute distinct stages in the process of discharging a cause of action. The accord, in its technical sense, is a bilateral contract by the terms of which a creditor having a cause of action against a debtor promises to accept and the debtor promises to give something other than was originally due in discharge of the claim. Performance of the accord and its acceptance by the creditor constitute satisfaction. Generally the cause of action is not discharged until satisfaction, although there may be cases where discharge is …
Some Effects Of The Aliend Land Act In Washington, Joseph J. Lanza
Some Effects Of The Aliend Land Act In Washington, Joseph J. Lanza
Washington Law Review
Legislation restricting the ownership of land by aliens in the State of Washington, has given rise to many interesting questions of law. The Supreme Court of the State, beginning with the Oregon Mortgage Co. v. Carstens case in 1896, and presently ending with the Ying v. Kay cases in 1933, has had manifold opportunities to answer a great portion of the perplexing problems that have arisen under the Alien Land laws. However, there remain many questions as yet undecided, and it is the purpose of this article to not only epitomize the conclusions already adjudicated, but also predict some probable …
National Legislation Of The Depression, Wesley A. Sturges
National Legislation Of The Depression, Wesley A. Sturges
Washington Law Review
I shall undertake to review something of the background,—somethng of the idealism, conceptions, and compromises—of some of the national legislation of the depression. I shall examine this background prinarily for its significance as a possible aid m judging the social, economic and legal validity of the more important of these legislative measures. For the most part, I shall have in view the so-called Inflation Bill, the National Industrial Recovery Act, and the Agricultural Adjustment Act. I hope that my remarks shall not sound as of the utterances of political campaign speeches. I shall, therefore, do little more than raise questions …
Assumption Of Liability By Implication, Leo D. Bloch
Assumption Of Liability By Implication, Leo D. Bloch
Washington Law Review
In the case of the National Credit Company v. Casco Company, the plaintiff's assignor sold to the Avalon Theatre Company, defendant's lessee, a neon electric sign under a conditional sales contract. To secure rental payments, defendant secured from the Theatre Company, its lessee, a chattel mortgage on all the furniture and fixtures owned by the lessee located upon the premises. Upon default in payment, defendant foreclosed the mortgage and purchased at the foreclosure sale, defendant receiving from the sheriff a bill of sale of all the property covered by the chattel mortgage, including the neon sign. Subsequently, defendant leased the …
Constitutionality Of State Income Taxes, Harold Hestnes
Constitutionality Of State Income Taxes, Harold Hestnes
Washington Law Review
The constitutionality of state income taxation has been considered by several courts with the result that some have held state income tax laws constitutional and some have held them unconstitutional. The courts which have passed upon the question have been confined to a consideration of the provisions of the constitution of the particular state and have held that such a tax is in conflict with the constitutional limitations or that such a tax is permissible as not being prohibited by the constitution. The decision in each instance in which the income tax was held unconstitutional has been based upon the …
Assignments—Future Wages—Under Contract, Employment Or Possible Contract Or Employment; Banks—Right Of State Banks To Procure Deposit Insurance; Constitutional Law—Taxation—Corporate Franchises; Contracts—Third Party Beneficiaries—Sureties On Building Contracts; Corporations—Remedies Of Receiver In Collection Of Unpaid Stock Subscriptions; Estoppel—Appointment Of Receiver; Resulting Trusts—Presumptions—Payment Of The Purchase Price—Effect Of Relationship; School Districts—Liability For Negligence;, C. P. Z.
Washington Law Review
No abstract provided.
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers from Chapter 4, Formation of Formal Contracts, Section 95, Requirements for Sealed Contract to Chapter 5, Duties and Rights Where More Persons Than One Are Promisos or Promisees of the Same Performance, Section 116, Joint Indorsers.
A Review Of The Securities Act Of 1933, Charles T. Donworth
A Review Of The Securities Act Of 1933, Charles T. Donworth
Washington Law Review
Except in the case of securities exempt from the provisions of the Act (which will be discussed later), the Act (Section 5) makes it unlawful to use the instrumentalities of interstate commerce or of the mails to sell or offer to buy a security or to transport a security for the purpose of sale or delivery after sale unless a registration statment is in effect. It is also made unlawful to use such instrumentalities to transmit a prospectus relating to any registered security unless the prospectus meets the requirements of Section 10, or to transport a security for the purpose …
Injunctive Relief Against The Unlicensed Practice Of Law As Represented By Drafting Of Legal Instruments, Warren L. Shattuck
Injunctive Relief Against The Unlicensed Practice Of Law As Represented By Drafting Of Legal Instruments, Warren L. Shattuck
Washington Law Review
During the past several years, encroachments by notaries public, realtors, trust and title companies, and banks and others into fields of activity which the legal profession consider to be practice of law, and from which the Bar feel protection of the public requires exclusion of laymen, have reached such proportions as to create a problem calling for careful consideration by the American Bar Association and the various state and local bar associations. The field into which these encroachments have been most general is that of preparing legal instruments, particularly wills, trust agreements, deeds, mortgages, and contracts. To curb such activity, …
Power Of A Statutory Receiver To Borrrow Money From The Reconstruction Finance Corporation And To Pledge Assets In His Possession, Byron E. Congdon
Power Of A Statutory Receiver To Borrrow Money From The Reconstruction Finance Corporation And To Pledge Assets In His Possession, Byron E. Congdon
Washington Law Review
Has a statutory receiver of a state bank the power, upon receving the sanction of the court, to borrow money from and pledge assets in his possession to the Reconstruction Finance Corporation, and to use the money borrowed to pay preferred creditors and a dividend to depositors?
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 3, Formation of Informal Contracts from Section 84, Application of Rules to a Number of Special Cases to Section 94, Stipulations.
Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem
Progress Of The Law In Washington Community Property [Part 2], Frank L. Mechem
Washington Law Review
No abstract provided.
Injunction—Removal Of Encroachments By An Adjoining Owner; Injunction—Successive Appeals As Nuisance; Landlord And Tenant—Action For Failure To Deliver Premises; Landlord And Tenant—Forfeiture Clause In Lease; Shipping—Limitation Of Liability Of Shipowners; Vendor And Purchasee—Misrepresentations By The Vendor Or His Agent; Workmen's Compensation Act—Who Is Employer, H. H.
Washington Law Review
No abstract provided.
Progress Of The Law In Washington Community Property, Frederick G. Hamley
Progress Of The Law In Washington Community Property, Frederick G. Hamley
Washington Law Review
the ten year period of 1922-32 over one hundred cases involving the law of community property were decided by the Supreme Court of Washington. Many of the cases merely reaffirm well established principles of the law and constructions of the statutes, and the importance of these cases is largely negative. Other cases in which established principles are either extended in application, modified, or rejected, are of positive significance as landmarks in the development and growth of the law It is the purpose of this article (1) to picture that development, and (2) to append to the decisions such comment as …
The American Law Institute's Restatement Of The Law Of Contracts With Annotatikons To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotatikons To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 3, Formation of Informal Contracts from Section 75, Definition of Consideration to Section 83, One Consideration May Support a Number of Promises.
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Washington Law Review
The prevailing view, and the one which has always been adopted in Washington, is that a mortgage upon realty creates merely a lien thereon and does not pass title thereto, either before or after condition broken, Hyde v. Heller; Dane v. Dansel; Fischer v. Woodruff; this view being codified by an act of the territorial legislature of 1869 providing that "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law."
Recent Cases, W. L. S.
Recent Cases, W. L. S.
Washington Law Review
Insurance—Contest Between First and Second Mortgages; Warrants—Payment of Same Issued in Excess of Statutory Power; New Trial—Newly Discovered Evidence—Personal Injuries; Banks and Banking—Taking Other Than Money in Payment; Malicious Prosectution—Want of Probable Cause
Provability Of Claims For Future Rent Or Damages Against The Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships., Norman M. Littell
Washington Law Review
After publication of the article' appearing under the above title in the November issue of the Law Review, a decision was handed down by the United States District Court for the Western District of Washington, Northern Division, which justifies this supplemental note written at the request of the Law Review.
Provability Of Claims For Future Rent For Damages Against A Trustee In Bankruptcy Or A Receiver Of An Insolvent Tenant Upon Abandonment Of The Leased Premises, Measure Of Damages In Federal Court Receiverships, Norman M. Littell
Washington Law Review
The large number of insolvency proceedings during the present economic period throws into relief two legal problems of vital importance to the landlord and the general creditors of the tenant. May the landlord prove a claim against the insolvent tenant's estate for the loss of future rent, or for damages due to the abandonment of the lease upon the insolvency of the tenant, and if such a claim is provable, what is the measure of damages? These problems are acute because of the present extreme deflation in rental values where the involvent's lease has an unexpired term of many years …
Inherent Power Of The Judiciary Over Admittance To The Bar, J. Kennard Cheadle
Inherent Power Of The Judiciary Over Admittance To The Bar, J. Kennard Cheadle
Washington Law Review
Admission to the bar is a matter of increasing concern to the state. As its economic life, its social life, become more intricate, the legal rules governing social conduct and their administration through courts of justice become more complicated, so that adequately trained lawyers are increasingly necessary to the competent exercise of their function as officers of the courts admnistering justice. Too, overcrowding of the bar increases the concern. As the relative number of lawyers increases, the temptation to lawyers to violate the public trust reposed in them increases, and their violations of legal ethics work generally to the detriment …
Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley
Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley
Washington Law Review
One of the important developments in economic life in recent years has been the greatly increased production of packaged and labeled goods, advertised and distributed nationally by the manufacturer. The scope of the retailer's function has been correspondingly reduced, especially in regard to inspection. Naturally there has resulted a tendency in the law to increase the responsibility of the manufacturer to the consumer.
Recent Cases, C. A. H.
Recent Cases, C. A. H.
Washington Law Review
Master and Servant—Workmen's Compensation—Right to Sue for Malpractice of Physician; Negligence of Independent Contractors—Liability for Injuries to Third Persons
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter, 3, Formation of Informal Contracts, from Section 27, Auctions, Sales Without Reserve to Section 74, Time When and Place Where a Contract Is Made.
Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell
Distribution Of Extraordinary Dividends Under A Trust, R. W. Maxwell
Washington Law Review
The distribution of extraordinary dividends between the life tenant and the remainderman under a trust created in corporate stock is a problem which has been extremely vexing to the courts with the result that three general rules have been developed. But, regardless of the rule followed, it is universally agreed that the intentions of the testator or trustor should be controlling. The extraordinary dividend is most likely to arise under one of the following circumstances: 1. Where an unusually large dividend is paid out of profits accumulated over a period of years. 2. In cases of total or part liquidation …
The Right Of Flight Over Private Property, William M. Allen
The Right Of Flight Over Private Property, William M. Allen
Washington Law Review
We all recognize that flight over private property must in some way be legalized. If the courts were to hold that any entrance into the air space constituted a violation of the legal rights of the owner of the soil, it would indeed be a great blow to the aeronautical industry In order to legalize flight it would be necessary to secure the permission of all landowners over whose property a flight was made. It is conceivable that this could be accomplished along regular airways. However, it is often necessary to deviate from the regular course by reason of weather …