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Full-Text Articles in Law
Recording Chattel Mortgages On Fixtures, Ross Reid
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 …
Recollection On The Witness Stand, Harwood A. Bannister
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 …
Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley
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 …
Applicability To Assignees Of Doctrine Of Practical Construction Of Contracts, James B. Howe, John M. Davis
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, …
Labor And The Secondary Boycott, Robert C. Barnard, Robert W. Graham
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 …
Committee Reports, S. H. Kelleran, J. E. Stewart, W. G. Mclaren, L. L. Thompson
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.
The Motor Vehicle Registration Act As A Limitation On The Chattel Mortgage Recording Act, John M. Davis
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 …
Information In The Nature Of Quo Warranto In The State Of Washington, Monford Arthur Orloff
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 …
Notes On Presumptions, Judson F. Falknor
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 …
The Written Acknowledgement: Its Effect On The Operation Of The Statute Of Limitations, Arthur S. Quigley
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 …
The Washington Guest Statute, John W. Richards
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 …
Does The Law Require A Useless Act? Parchen V. Rowley, Robert A. Purdue
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 …
The Rule In Shelley's Case In Washington, Harry M. Cross
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 …
The Washington Workmen's Compensation Act From The Employers' Viewpoint, Lowell P. Mickelwait
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 …
Status Of Picketing In Washington, Jack H. Jaffe
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.
Procedure To Secure Benefits Under The Workmen's Compensation Act, John Geisness
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 …
Transfers Intended To Take Effect In Possession Or Enjoyment At Or After Transferor's Death Under The Federal Estate Tax, Alfred Harsch, Max Kaminoff
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 …
Disregarding The Entity Of Private Corporations [Part 2], Charles Horowitz
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.