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University of Richmond Law Review

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Full-Text Articles in Law

Collateral Attack On Foreign, Ex Parte Divorce Decrees: A Virginia Case, J. Westwood Smithers Jan 1959

Collateral Attack On Foreign, Ex Parte Divorce Decrees: A Virginia Case, J. Westwood Smithers

University of Richmond Law Review

Ten years ago it was reported that a bill had been introduced in the Nevada legislature to grant divorces by slot machine. "The divorce seeker would punch the machine once a day for 42 days, to establish residence, then insert 200 silver dollars. As the divorce popped out of a slot, colored lights would flash, wheels spin, and a jukebox would play America." The bill did not pass. But the liberality of existing divorce laws of Nevada and several other "divorce-mill" States has attracted many divorce seekers from all parts of the country, including Virginia. The "migratory divorces" so obtained …


State Taxation Of The Net Income From Interstate Business, Harry L. Snead Jr. Jan 1959

State Taxation Of The Net Income From Interstate Business, Harry L. Snead Jr.

University of Richmond Law Review

On February 24, 1959, the Supreme Court of the United States, in companion cases, held, by a 6-3 vote, that a state could levy a properly apportioned tax on the net income of a corporation doing a purely interstate business, provided there were sufficient "activities" within the state to justify a tax. NorthwesternStates PortlandCement Co. v. Minnesota, and Commissioner v. Stockham Valves and Fittings, Inc. Were this article a movie script, I would begin by portraying the separate meetings of two groups: the hastily summoned executive committee of the National Association of Manufacturers gravely, but vigorously, exploring means of avoiding …


Foreward, William T. Muse Jan 1958

Foreward, William T. Muse

University of Richmond Law Review

This first issue of the University of Richmond Law Notes inaugurates a service by the Faculty of the Law School which we hope will be of some value to the lawyers of Virginia. If the bar thinks the undertaking worth- while it will become a permanent publication,-perhaps enlarged in scope and volume.


Usury In The Purchase Of Negotiable Paper, James H. Barnett Jr. Jan 1958

Usury In The Purchase Of Negotiable Paper, James H. Barnett Jr.

University of Richmond Law Review

This monograph attempts to explore the nature of certain transactions in negotiable paper. In the transactions under consideration the plaintiff admittedly would qualify as a holder in due course under section 62 of the Negotiable Instruments Law, hereafter referred to as the NIL. In Lynchburg National Bank v. Scott, 91 Va. 652 (1895), it was held that the maker's defense of usury between himself and the payee was not good against a subsequent holder in due course. The validity of that holding is not questioned here. It is important to distinguish the defense asserted in the unusual situations discussed herein …


Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse Jan 1958

Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse

University of Richmond Law Review

Wigmore, writing in 1911, said: "The general question... whether an injury caused by the defendant while violating a [criminal] statute is actionable per se is a troublesome one, open to much argument, and not yet settled by any generally accepted principle."


The Doweress Is Wearing A New Look, Harry L. Snead Jr. Jan 1958

The Doweress Is Wearing A New Look, Harry L. Snead Jr.

University of Richmond Law Review

It is settled law in this state that a widow whose dower has not been assigned is not a competent party plaintiff in a partition suit. She has no estate in the land until her dower is assigned and therefore is not a joint tenant, a tenant in common, or a coparcener with her husband's heirs.


The Physician-Patient Privilege In Virginia, James W. Payne Jr. Jan 1958

The Physician-Patient Privilege In Virginia, James W. Payne Jr.

University of Richmond Law Review

It seems settled that at common law there was no privilege whereby either a patient or a physician could suppress evidence of communications made by one to the other. Most commentators have argued that there is no justification for such a privilege.


Does Virginia Have A Title-Quieting Statute Applicable To Deeds Of Trust?, Harry L. Snead Jr. Jan 1958

Does Virginia Have A Title-Quieting Statute Applicable To Deeds Of Trust?, Harry L. Snead Jr.

University of Richmond Law Review

A title examiner finds a recorded deed of trust which has not been released on the margin. He does not find a recorded release deed. A perusal of the records, however, reveals that twenty-one years have elapsed from the maturity date of the note secured by the deed of trust. The title examiner adverses the trustee (or, as a short-cut, the grantor of the deed of trust), but does not find a record conveyance from the trustee. May the title examiner safely ignore the deed of trust?


University Of Richmond Law Notes Table Of Contents Jan 1958

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.