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Full-Text Articles in Law
Federal Taxation Of Community Incomes—The Recent History Of Pending Questions, George Donworth
Federal Taxation Of Community Incomes—The Recent History Of Pending Questions, George Donworth
Washington Law Review
By the constitution of the United States, the Congress has power to lay and collect taxes, to pay the debts and provide for the common defense and general welfare of the United States. The constitution, however, also contains the further provision that no capitation or other direct tax shall be laid unless apportioned among the states in proportion to the population as ascertained by a federal census. In the year 1895 in Pollock v. Farmers Loan & Trust Co., 157 U. S. 429, 158 U. S. 601, 39 L. Ed. 759, 39 L. Ed. 1108, the Supreme Court of …
The British Commonwealth, The United States And World Peace, Denis Murphy
The British Commonwealth, The United States And World Peace, Denis Murphy
Washington Law Review
No thinking person will deny that the question of world peace is one of vital importance, one which affects every individual now living and one which will affect every individual hereafter to be born, for upon it depends the future existence of civilization as we know it and, therefore, the material, intellectual and spiritual status of every present and prospective member of the human race. And, unfortunately, no well-informed person can deny that the existing relations between the United States and the British Commonwealth of nations are not such as give that guarantee of solidarity of purpose and consonance of …
Table Of Cases Discussed, Anon
A Program Of Growth For Our Bar Association, B. H. Kizer
A Program Of Growth For Our Bar Association, B. H. Kizer
Washington Law Review
Our Washington State Bar Association has now been in existence for forty years. When I look back on the forty annual meetings of this Association, each with its inevitable presidential address, I am all but overwhelmed at the wisdom and the learning that have preceded me. It is well that the science of jurisprudence and the administration of justice should engage our attention from time to time, and I am glad that my predecessors so uniformly kept their addresses to such high themes. However, while we are officers of courts of justice, and engaged as students of jurisprudence, we are …
Bench And Bar, Edward W. Allen
Bench And Bar, Edward W. Allen
Washington Law Review
Adoption of the Washington Law Review as the official organ of the Washington State Bar Association; proceedings of the 40th annual convention of the Washington State Bar Association; report of the Committee on "School Instruction in Civics;" report of the Obituary Committee of the State Bar Association
Recent Cases, A. O.
Judicial Control Over The Sufficiency Of The Evidence In Jury Trials, Stanley B. Long
Judicial Control Over The Sufficiency Of The Evidence In Jury Trials, Stanley B. Long
Washington Law Review
One has only to read the first few chapters of Thayer's Prelimmary Treatise on Evidence to realize that the history of trial by jury, from its beginning until the present day, records a continuous struggle to prevent the rendition of unreasonable verdicts. When the jury was really a body of witnesses summoned to try the case on their own knowledge, rather than upon evidence produced in court, it was sought to control their verdict by attaint. By this proceeding a new jury would be summoned to re-examine the issue tried by the first jury, and if the second found that …
Recent Cases, A. O.
The "Sales In Bulk" Act, Edwin U. Driscoll
The "Sales In Bulk" Act, Edwin U. Driscoll
Washington Law Review
In the Magna Carta will be found what is said to be the first covenant for the protection of creditors' against fraudulent conveyances and other unjust acts of debtors. Since that time the attention of people through their constituted legislators has been directed to the enactment of statutes looking toward protection of creditors. Among the latest of these have been so-called "Sales in Bulk" laws, which have now been adopted in one form or another by the large majority of the states in the Union, all of which are aimed at the defrauding of creditors by the sale of all …
Bench And Bar, Anon
Bench And Bar, Anon
Washington Law Review
Program of the annual convention of the Washington State Bar Association
Rights Of A Vendee Under An Executory Contract For The Sale Of Realty As Determined By The Supreme Court Of Washington In Recent Cases, Herald A. O'Neill
Rights Of A Vendee Under An Executory Contract For The Sale Of Realty As Determined By The Supreme Court Of Washington In Recent Cases, Herald A. O'Neill
Washington Law Review
Since the case of Ashford v. Reese, it has been a much mooted question as to the extent of a vendee's rights under an executory contract for the sale of realty The purpose of this article is not to discuss the correctness of the rule of law as laid down in the Ashford case, but to examine the rights of a vendee, irrespective of the question as to whether or not he should have what is known in the law as an equitable title. Logically, even though the doctrine of equitable conversion be rejected, the vendee's remedy of specific performance …
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
Washington Law Review
The question as to what extent and under what circumstances the affidavits of jurors will be considered on a motion for a new trial, arises in instances where the losing party feels that the jury has failed to properly exercise its function of deciding the case in an impartial and unprejudiced manner according to the law and evidence submitted in the case. In an early case the arbitrary rule was laid down that under no circumstances would an affidavit of a juror be considered for the purpose of setting aside the juror's sworn act incorporated in the verdict.The rule thus …
The Action For Wrongful Death In Washington, Bryant Brady
The Action For Wrongful Death In Washington, Bryant Brady
Washington Law Review
The first statute giving a right of action for the death of a human being, Lord Campbell's Act was adopted in England in 1846. New York adopted a similar statute, a year later. At the present time all American jurisdictions have statutes conferring a right of action for wrongful death. These statutes differ widely in their terms, particularly as to the person authorized to bring the action, and as to those for whose benefit the action is prosecuted. The statutes, however, fall into two distinct classes. Statutes of the first and by far the larger group, following Lord Campbell's Act, …
Incompatibility Of Parties As Ground For Divorce, E. B. Herald
Incompatibility Of Parties As Ground For Divorce, E. B. Herald
Washington Law Review
This brief note is concerned with two recent decisions in the State of Washington touching the law of divorce, Shaw v. Shaw, decided August 22, 1928, by Department One, and Haller v. Haller, decided October 8, 1928, by Department Two. The facts of both cases turn upon incompatibility or the inability of the parties to live together. In the Shaw case the court holds that since the enactment of the Session Laws of 1921, p. 331, this is no longer ground for divorce in this state. In the Haller case the other department of the court apparently holds that it …
The Legal Effects Of Recognition Of International Law, By John G. Hervey (1928), Charles E. Martin
The Legal Effects Of Recognition Of International Law, By John G. Hervey (1928), Charles E. Martin
Washington Law Review
No abstract provided.
The Penn Cases, Samuel P. Weaver
The Penn Cases, Samuel P. Weaver
Washington Law Review
The Penn cases came at the climax of one of the most vital periods of English history The Stuart kings had denied the people many of the liberties defined by the Magna Carta and the Common Law, and additional privileges won through the centuries. James II had used every effort to repress the independence of the bar and had in fact prostituted the independence of the bench to the arbitrary prerogative of the lng. Charles II was attempting to evade the provisions of the Petition of Right, wrung from his father through the efforts of Lord Coke and other eminent …
Working Manual Of Original Sources In American Government, By Milton Conover (1928), Granvyl G. Hulse
Working Manual Of Original Sources In American Government, By Milton Conover (1928), Granvyl G. Hulse
Washington Law Review
No abstract provided.
Recent Cases, M. A. M.
Some Aspects Of Regulations Of The Federal Reserve Board And State Statutes Authorizing Forwarding Of Checks For Collection Directo To Drawee Banks And Acceptance Of Drafts In Payment, Robert W. Reid
Washington Law Review
The regulations of the Federal Reserve Board authorize federal reserve banks in handling checks and other negotiable instruments forwarded to them for collection to forward them direct to the banks on which drawn and accept the drawees' drafts in payment. Statutes have been enacted in California, Colorado, Montana and Oregon authorizing banks doing business in those states to forward checks and other negotiable instruments received for collection direct to the banks on which drawn and accept the drawees' drafts in payment.
Implied Warranty Of Quality Under The Uniform Sales Act, J. Gordon Gose
Implied Warranty Of Quality Under The Uniform Sales Act, J. Gordon Gose
Washington Law Review
The Uniform Sales Act was adopted by the legislature of the state of Washington m the extraordinary session of 1925. This act, patterned after similar legislation previously enacted in England, is designed to bring the law of the different states into conformity To effect this purpose the draughtsmen of the act largely codified the common law, but even where such a course was followed it is inevitable that the pre-existing law of some jurisdictions must be overruled. It is the purpose of the present discussion to consider the provisions of the Sales Act relative to implied warranty of quality in …
How To Prove A Prima Facie Case, By Samuel Deutsch And Simon Balicer (1929), Ivan W. Goodner
How To Prove A Prima Facie Case, By Samuel Deutsch And Simon Balicer (1929), Ivan W. Goodner
Washington Law Review
No abstract provided.
Bench And Bar, Judson F. Falknor
Conviction Of Crime As Affecting The Credibility Of A Witness In The State Of Washington—Competency Of Persons Convicted Of Perjury To Testify In Civil And Criminal Proceedings, Elmer Goering
Washington Law Review
At common law persons convicted of heinous offenses were not competent as witnesses. In order to be totally disqualified the witness must have been convicted of a crime making him infamous. The infamous crimes consisted of treason, felony, and all forms of the crimen falsi. Just what crimen falsi includes is not entirely clear, but generally it comprehends all crimes which involve fraud or falsehood rendering the guilty party entirely untrustworthy, and injuriously affecting the administration of justice. The disqualification of a witness for infamy has been quite generally abolished by statute. In the state of Washington several statutes have …
Recent Cases, K. G. S.
Possible Methods Of Relieving The Supreme Court Of Washington, Alfred J. Schweppe
Possible Methods Of Relieving The Supreme Court Of Washington, Alfred J. Schweppe
Washington Law Review
In the past several years there has been much discussion among the bench and bar of the state of Washington concerning ways and means for relieving the Supreme Court to some extent, at least, from the ever- increaslng volume of judicial business, in order that the court may devote more time to important causes. Investigation reveals that the volume of opinion-writing required of each judge of the Supreme Court of this state greatly exceeds that imposed upon most of the appellate court judges in the United States. The individual judges of the Supreme Court of this state are each required …