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Articles 6061 - 6090 of 6130
Full-Text Articles in Law
Jurisdiction Of A Justice Of The Peace, H. C. Force
Jurisdiction Of A Justice Of The Peace, H. C. Force
Washington Law Review
The judgment of a court ot record and of general jurisdiction, acting within the scope of its jurisdiction, is presumed to be valid in all particulars unless the contrary affirmatively appears on the face of the record. But even such a judgment is subject to attack on the ground of lack of jurisdiction. The judgment of a court of limited jurisdiction and not of record enjoys no such presumption, and the jurisdiction of such a court must be affirmatively shown. In this state, a justice court is not, and cannot be made, a court of record, and its jurisdiction is …
Contracts Not To Be Performed Within A Year Under Statute Of Frauds In Washington, J. Orrin Vining
Contracts Not To Be Performed Within A Year Under Statute Of Frauds In Washington, J. Orrin Vining
Washington Law Review
The statute of frauds in Washington, states that in certain specified cases an agreement, contract and promise shall be void unless the same or some note or memorandum thereof be in writing and signed by the party to be charged therewith. By subdivision I this provision extends to every agreement that by its terms is not to be performed in one year from the making thereof. Two recent decisions of our Supreme Court have gone into an extended interpretation of this subdivision regarding two troublesome questions of law arising thereunder. The first of these questions is: What is the test …
Recent Cases, G. De G.
The "But For" Rule In Washington, Gerald Arthur De Garmo
The "But For" Rule In Washington, Gerald Arthur De Garmo
Washington Law Review
The question of proximate cause is one which is of vital importance in determining where the liability for an act or omission shall fall. For this reason certain attempts have been made to set forth rules which should determine whether an act was the proximate cause of a particular result. The so-called "But For" rule for determining proximate cause is an outgrowth of this class of litigation and has been the cause of several interesting and apparently none too well reasoned cases, of which the famous "Bear Case" or Gilman v. Noyes is perhaps the best known. The true "But …
Cases On Business Law—Introductory Course, By Leslie J. Ayer (1926), Alfred J. Schweppe
Cases On Business Law—Introductory Course, By Leslie J. Ayer (1926), Alfred J. Schweppe
Washington Law Review
No abstract provided.
Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop
Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop
Washington Law Review
No abstract provided.
U.S. Board Of Tax Appeals—Practice And Evidence, By Charles D. Hamel, Paul P. Ashley
U.S. Board Of Tax Appeals—Practice And Evidence, By Charles D. Hamel, Paul P. Ashley
Washington Law Review
No abstract provided.
Hyatt On Trials, By W.H. Hyatt (1924), Ivan W. Goodner
Hyatt On Trials, By W.H. Hyatt (1924), Ivan W. Goodner
Washington Law Review
No abstract provided.
Periodical Notes, Anon
Periodical Notes, Anon
Washington Law Review
The Periodical Note Section is a brief summary of the leading articles of general interest in other law reviews that have appeared since the last number of the Washington Law Review.
Book Notes, O. B. K.
The Settlement Of Disputes By Arbitration, Alfred N. Heuston
The Settlement Of Disputes By Arbitration, Alfred N. Heuston
Washington Law Review
A movement has recently gained considerable headway in this country to overturn the well settled common law rule that executory agreements to arbitrate disputes are revocable." Congress and the legislatures of New York, New Jersey, Massachusetts, and Oregon have recently enacted laws designed to effect this result. Where such laws are in force it is no longer possible for one to enter into a solemn agreement with another to arbitrate in case any dispute should arise, and later, when a dispute has arisen, resort directly to the courts, in total disregard of such agreement.
The Rule-Making Power Of The Courts, Charles H. Paul
The Rule-Making Power Of The Courts, Charles H. Paul
Washington Law Review
With regard to the constitutionality of the proposal, the first question that occurs to every lawyer is whether the legislature may delegate the rule-making power to the courts. It seems strange that, in view of the history of English and American procedural law, this question should occur to anyone as presenting a serious objection, but the reason is, of course, that we have got so far away from the original method of regulating court procedure that our inclination is to believe that legislative codes are the only way in which court procedure can be prescribed. As a matter of fact, …
The Exemption Laws Of Washington, Maurice W. Orth
The Exemption Laws Of Washington, Maurice W. Orth
Washington Law Review
Remington's Compiled Statutes for 1922, Section 563, specifies what property shall be exempt from execution and Section 703 specifies the amount of wages exempt from garnishment. This note will discuss these two exemption sections only and will not include the homestead law, which in a sense is itself an exemption law.
Power Of Corporation To Discharge Those Employed Under Contract For Term Of Years, W. Harold Hutchinson
Power Of Corporation To Discharge Those Employed Under Contract For Term Of Years, W. Harold Hutchinson
Washington Law Review
This note will be limited to an exposition of the law of the state of Washington with only a brief reference to that of foreign states. Unfortunately for the prospective employee of a Washington corporation, the right to discharge him, even though employed under written contract for a term of years, is regulated by statute. The pertinent clause reads that the corporation shall have power "to appoint such officers, agents, and servants as the business of the corporation shall require, to define their powers, prescribe their duties, and to fix their compensation."
The Evidential Force Of Habit And Repute As Opposed To The Substantive Law Concerning Marriage, Burton J. Wheelon
The Evidential Force Of Habit And Repute As Opposed To The Substantive Law Concerning Marriage, Burton J. Wheelon
Washington Law Review
The Washington decisions have settled beyond a doubt that a valid marriage can not take place in this state in any manner other than that prescribed by statute. The statutes were originally enacted in 1854 and have come down to us with practically no alterations and with but few additions. As early as 1892 it was decided that the statutory requirements were mandatory, that a ceremony was essential and that common law marriages, in this state, were invalid. Thus the substantive law has become fixed.
Recent Cases, C. H.
The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin
The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin
Washington Law Review
No abstract provided.
Cases On Business Law, By Ralph Stanley And Essel Ray Dillavow, Paul P. Ashley
Cases On Business Law, By Ralph Stanley And Essel Ray Dillavow, Paul P. Ashley
Washington Law Review
No abstract provided.
Table Of Leading Articles; Book Reviews, Anon
Table Of Leading Articles; Book Reviews, Anon
Washington Law Review
No abstract provided.
Subject Index, Anon
Table Of Cases Discussed, Anon
John Condon, Clark P. Bissett
John Condon, Clark P. Bissett
Washington Law Review
"A Tower is fallen, a star is set." These words of lamentation from the old Moorish ballad must have risen to the lips of a great many men when they read the announcement that John Condon was dead. It is impossible for me in a short time to review the distinguished career or make note of the accomplishments. I must content myself with a mere reference. This is not an easy task for me. Dean Condon was not only my superior in the Law School, but he was my dear and valued friend and I am the poorer at his …
The Rule-Making Power Of The Courts, Charles H. Paul
The Rule-Making Power Of The Courts, Charles H. Paul
Washington Law Review
During these times of renewed interest in the defects in our judicial procedure, probably the most sweeping and far-reaching reform proposed is to give the rule-making power to our courts. The exact form of the proposal differs with the conditions in various jurisdictions, but the proposed acts generally provide that the highest appellate court of the jurisdiction shall regulate and prescribe, by rule, the forms for and the kind and character of the entire pleading, practice and procedure to be used in all suits, actions, appeals and proceedings of whatever nature in any of the courts of the state, superseding …
The Taiho Code, The First Code Of Japan, Vivian M. Carkeek
The Taiho Code, The First Code Of Japan, Vivian M. Carkeek
Washington Law Review
Professor Edward S. Creasy, in the eighth edition of his "Fifteen Decisive Battles of the World," published in 1858, predicted war between China or Japan, and the United States. Fortunately for the civilization of the world, there has been none, nor is there likely to be. But as was so well stated by Viscount Uchida, "A knowledge of each other s legal institutions is one of those things which is so essential to an understanding and to the creation of good feeling between nations." The increase of commerce and intercourse that is certain to take place within the next few …
When May An Ultra Vires Contract Be Enforced In Washington?, Elwood Hutcheson
When May An Ultra Vires Contract Be Enforced In Washington?, Elwood Hutcheson
Washington Law Review
Under the early common law, an ultra vires contract of a private corporation was absolutely void, on the theory that there being no power to make such a contract, legally there was no contract. It is at the present time well established in practically all jurisdictions that neither an action at law nor in equity can be maintained either by or against a corporation on an ultra vires contract which remains executory as to both parties or has been only partially performed, even though unanimously ratified by the board and stock holders. It is also well settled that where such …
The Fellow Servant Rule In Admiralty Cases Involving Stevedores, Fred R. Boynton
The Fellow Servant Rule In Admiralty Cases Involving Stevedores, Fred R. Boynton
Washington Law Review
In view of the recent decision of the Supreme Court of Washington in the case of Havertv v. International Stevedoring Co., it becomes a matter of importance to ascertain just what the maritime law is in regard to the application of the fellow servant rule in cases where a stevedore has been injured as the result of the negligence of a fellow servant.
Famous Jury Speeches, By Frederick C. Hicks (1925), K. C. Cole
Famous Jury Speeches, By Frederick C. Hicks (1925), K. C. Cole
Washington Law Review
No abstract provided.
Protecting Real Estate Contract Purchases, Robert B. Porterfield
Protecting Real Estate Contract Purchases, Robert B. Porterfield
Washington Law Review
Many assignees of the vendors' interests in installment contracts for the sale of real estate suppose that the recording of the assignment protects them by giving constructive notice of their rights. The increasing amount of investment in real estate contracts makes it important to determine the best method for protecting the assignee. Our Supreme Court' has said that recording "is purely a creation of the statute", and since the recording of such assignments is not provided for by statute it would seem that no constructive notice follows from recording.
Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner
Cases On Trusts, By George P. Costigan, Jr. (1925), Ivan W. Goodner
Washington Law Review
No abstract provided.
Recent Cases, W. A. H.