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Articles 2731 - 2760 of 3365
Full-Text Articles in Law
Legal Education In The United States, By Albert J. Harno (1953), Paul P. Ashley
Legal Education In The United States, By Albert J. Harno (1953), Paul P. Ashley
Washington Law Review
This book is a history and evaluation of legal education in the United States, published for the survey of the legal profession. The writer invited a number of persons—lawyers and lay—to "advise him on the undertaking." But it is evident that the laborer was Albert J. Harno and this valuable contribution to the literature of our profession is his.
Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius
Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius
Washington Law Review
P sued D for malpractice. After a verdict for P, the trial court granted D's motion for new trial, citing Rule 16, sub. 9 of the General Rules of the Superior Court, 34A Wn2d 117, i.e., "substantial justice has not been done." The court listed in the order granting the new trial the following reasons: insufficient evidence of negligence, prejudice of a juror, statements of P's counsel tending to prejudice the. jury against D, speed of the verdict, consideration of the entire record and proceedings, and appearance and demeanor of witnesses. P appealed. Held: reversed and judgment for P according …
Domestic Relations—Natural Guardianship In Grandparents, Jack J. Lobdell
Domestic Relations—Natural Guardianship In Grandparents, Jack J. Lobdell
Washington Law Review
The superior court of Washington for King County deprived the parents of X, a minor, of any and all parental rights in or to the child and directed that he be a ward of the court. Y, the maternal grandmother, petitioned for custody of the child. After complete and extended inquiry into Y's ability to care for the child the superior court (called the juvenile court in this type of proceeding), denied the request for custody due primarily to Y's tubercular condition. Held Reversed and remanded. When the parents were permanently deprived of custody the grandmother became the natural guardian …
Taxation, Alfred Harsch
Taxation, Alfred Harsch
Washington Law Review
Of the fourteen acts which relate directly to taxation four are primarily administrative in nature, one repeals an obsolete statute relating to property tax rebates, one provides additional exemptions from county real estate sales tax, and one provides more favorable treatment with respect to the taxation of extractors of copra. Of somewhat broader significance from a fiscal standpoint is the act providing for reallocation of property tax millages under the forty-mill limitation law, and the act relating to the number of electors required in special school elections held prior to November, 1954. The latter act has been the subject of …
Civil Rights, John B. Sholley
Corporations, J. Gordon Gose
Corporations, J. Gordon Gose
Washington Law Review
Covers corporate charitable contributions.
Domestic Relations, John W. Richards
Domestic Relations, John W. Richards
Washington Law Review
Covers family desertion and nonsupport.
Evidence, John W. Richards
Evidence, John W. Richards
Washington Law Review
Covers the Uniform Photographic Copies of Business and Public Records as Evidence Act.
Property, Harry M. Cross
Property, Harry M. Cross
Washington Law Review
Covers alien land law and survivorship in joint tenancies.
Sales, Robert L. Taylor
Sales, Robert L. Taylor
Washington Law Review
Covers bulk sales and motor vehicle licensing and registration.
Social Legislation, John B. Sholley
Social Legislation, John B. Sholley
Washington Law Review
Covers compensation for civil defense workers, public assistance, unemployment compensation, and workmen's compensation.
State Government, Ivan C. Rutledge
State Government, Ivan C. Rutledge
Washington Law Review
Covers administrative and legislative procedures.
Torts, John W. Richards
Torts, John W. Richards
Washington Law Review
Covers survival of actions when the tort-feasor dies.
Deportation As A Denial Of Substantive Due Process, Stimson Bullitt
Deportation As A Denial Of Substantive Due Process, Stimson Bullitt
Washington Law Review
This article considers the basis and limit of the constitutional power to deport aliens who have become settled residents of the United States
Workmen's Compensation—Employees In Dual Activity, Gordon F. Crandall
Workmen's Compensation—Employees In Dual Activity, Gordon F. Crandall
Washington Law Review
The recent case of Muck v. Snokomish County PUD presented an issue involving the compulsory coverage of the Industrial Insurance Act, more commonly known as Workmen's Compensation, which has been a confusing question in several other cases, and does not yet seem to be finally resolved. There an employee was a sales manager for an electrical appliance store, and his occupation as such did not bring him under the compulsory provisions of the Act. No industrial insurance premiums were paid for his time. On the day of his death, he accompanied the serviceman to a customer's house where they were …
Community Property—Life Insurance, Dale Riveland
Community Property—Life Insurance, Dale Riveland
Washington Law Review
The insurer interpleaded the insured's daughter as named beneficiary and the insured's wife to determine which was entitled to the proceeds of a group life insurance contract paid from wages. The jury found that the deceased and his wife had agreed that the earnings of each should be separate property. Thus the verdict was for the daughter because the insured had complete ownership of the policy and could select any beneficiary he saw fit. Held on Appeal, reversed and remanded with instructions to enter judgment in favor of the wife. There was insufficient evidence to establish the alleged separate property …
Evidence—Patient Physician Privilege—Waiver Of Privilege To One Physician As Waiver To Other Physician—Waiver By Patient's Own Testimony, James F. Mcateer
Evidence—Patient Physician Privilege—Waiver Of Privilege To One Physician As Waiver To Other Physician—Waiver By Patient's Own Testimony, James F. Mcateer
Washington Law Review
P sought recovery for injuries arising out of an automobile accident. During trial P introduced three physicians who testified that P had suffered disability in his right arm involving weakness, numbness, and difficulty of movement. P himself took the stand and testified that the injuries described by his doctors resulted from the accident and that, prior to the accident, he had not consulted a doctor for "years." The jury returned a verdict for P for $21,000. The trial court granted D a new trial on the issue of damages because of newly discovered evidence consisting of another physician who would …
Evidence—Cross Examination Of Defendant's Character Witness—Scope, Michael Mines
Evidence—Cross Examination Of Defendant's Character Witness—Scope, Michael Mines
Washington Law Review
D was convicted of second degree burglary. During the cross examination of three character witnesses for the defense, the prosecuting attorney asked, over the objections of the defense, the following questions: "Did you know that in 1941 D had is operator's license suspended?", "Did you know that D spent twelve days in jail and was fined twenty-five dollars for drunkenness on January 10, 1949?" and "Did you know D was given twenty days for vagrancy in the city jail of Walla Walla?" Held: The form of the questions was proper as long as it was not for the purpose of …
Insurance—Conflict Of Interests—Bad Faith Of Insurer, Myron J. Carlson
Insurance—Conflict Of Interests—Bad Faith Of Insurer, Myron J. Carlson
Washington Law Review
P, the insured under a public liability insurance policy with D, had been sued by an injured party; one of the grounds alleged for recovery was expressly excepted by the terms of the policy. D insisted on its policy right to control the defense and also to withdraw and disclaim all liability if at the trial the loss was found to be outside the policy coverage. P objected to the reservation of rights by D, pointing out that it would be to D's interest at the trial to allow proof of the loss on grounds outside the policy coverage and …
Estate And Gift Taxation Of The Marital Community: Integration Or Disintegration?, Brockman Adams
Estate And Gift Taxation Of The Marital Community: Integration Or Disintegration?, Brockman Adams
Washington Law Review
Prior to 1948 it was immediately apparent that any discussion of federal estate and gift taxation had to be divided into the two categories of community property and common law Though an obvious attempt has been made to eliminate the major differences in tax treatment of the two systems, there are still many distinctions which do not meet the eye on a casual reading of the statute. The average practitioner, and for that matter the average "tax lawyer," does not have time to explore the technicalities of the new marital deduction "equalizer" let alone suggest necessary revisions. This article is …
Corporations—Right Of Director To Inspect Corporate Books, Robert F. Brachtenbach
Corporations—Right Of Director To Inspect Corporate Books, Robert F. Brachtenbach
Washington Law Review
P, as a director and stockholder of a corporation, sought a writ of mandamus to compel the corporation's officers to make available for inspection by P certain corporate books and records. The court found that P's purposes in seeking inspection of the records were hostile to the corporation and if consummated would be inimical to the best interests of the corporation. The trial court dismissed P's petition. Held: Affirmed. State ex rel. Paschall v. Scott, 141 Wash. Dec. 62, 247 P.2d 543 (1952).
Houseshold Finance Case: Statutory Review Of Discretionary Power To License, Roger I. Lewis
Houseshold Finance Case: Statutory Review Of Discretionary Power To License, Roger I. Lewis
Washington Law Review
The recent case of Household Finance Co. v. State involves judicial review of a discretionary power to issue small loan licenses; but the language used by the court is of such breadth that the entire field of judicial review of administrative licensing must be re-examined. The plaintiff (Household Finance Co.) desired to open small loan agencies in Seattle and Vancouver. In compliance with statute, it made application to the Supervisor of Banks for the necessary licenses, but the application was denied. In accordance with statutory procedure, the superior court of Thurston County held a trial de novo. At the conclusion …
Taxation—Prizes For Artistic Or Scholastic Accomplishments—Gifts Or Income?, Newman L. Dotson
Taxation—Prizes For Artistic Or Scholastic Accomplishments—Gifts Or Income?, Newman L. Dotson
Washington Law Review
P won $25,000 for the best symphony entered in a contest sponsored by a philanthropist. P composed his symphony during a three year period, 1936 to 1939, entered the contest and won the prize in 1947. The sponsor of the award derived no profit from the contest nor from P's participation in it. The Commissioner of Internal Revenue ruled that the entire award was taxable as income and under I.R.C. § 107(b), to be computed as though the award had been ratably received over the three year period ending with 1947. P filed a claim for refund on the ground …
Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves
Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves
Washington Law Review
In recent years, an ever increasing number of cases involving some phase of this problem has come before the appellate courts of the several states. The purpose of this article is to review the law as it presently exists in Washington, to point out the particular problems facing the Washington lawyer handling such a case, and to make suggestions for effective action based upon a survey of end results accomplished by the actual application of one or more of the bases of jurisdiction in other states.
The Law Of The Case Doctrine, William S. Stinnette
The Law Of The Case Doctrine, William S. Stinnette
Washington Law Review
A rule of law which requires a court to perpetuate its previous errors appears to be one which would bear examination. Such a rule is the doctrine of the law of the case. The doctrine is very similar in purpose to that of res judicata. Both are doctrines of repose, expressions of a policy of the law that the litigation of a controversy should terminate when the parties have had their day in court. Very generally, the doctrine of res judicata is designed to.prevent further litigation of a cause of action which has terminated and merged into a final judgement. …
Constitutional Law—Fourteenth Amendment—Religious Education—Validity Of Released Time Programs, Raymond H. Siderius
Constitutional Law—Fourteenth Amendment—Religious Education—Validity Of Released Time Programs, Raymond H. Siderius
Washington Law Review
In 1948 the Supreme Court (8-1) held invalid under the 14th Amendment a system adopted by the Illinois Board of Education which permitted students, on written request of their parents, to be released during regular school hours for religious instruction or devotion in the public school buildings. McCollum v. Board of Education 333 U.S. 203, 2 A.L.R. 2d 1338 (1948). Under these so-called "released time" plans, non-participating children remain in the classroom and continue some form of secular study. Since the majority opinion in the McCollum case relied in part upon the metaphorical "wall of separation between Church and State," …
Divorce—Domicile Of Choice—Military Personnel, Hugh Mcgough
Divorce—Domicile Of Choice—Military Personnel, Hugh Mcgough
Washington Law Review
P was stationed at Fairchild Air Force Base near Spokane. When his wife joined him in April, 1950, he took quarters outside the base. He told his friends that he intinded to make Spokane his permanent home. In July, 1950, he was sent overseas. His wife returned to Philadelphia, their domicile of origin. In November, 1950, P returned to Spokane, and, except for two trips to Philadelphia to visit his wife who refused to join him, remained in Spokane. He found work there after his discharge in November, 1951. In July, 1951, P commenced this action for a divorce. D …
Personal Injuries: Unemancipated Child Given Cause Of Action Against Parent Negligent In Non-Parental Act, Ivor Lusty
Personal Injuries: Unemancipated Child Given Cause Of Action Against Parent Negligent In Non-Parental Act, Ivor Lusty
Washington Law Review
A partner in a common carrier partnership, while driving a partnership vehicle on business, negligently injured his minor son who was playing in the street. The child, P, through his guardian ad litem sues the partnership for personal injuries. D's demurrer sustained. Held: reversed (7 to 2), Borst v. Borst, 141 Wash. Dec. 598, 251 P. 2d 149 (1952).
Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin
Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin
Washington Law Review
D was indicted for second-degree burglary. During the course of the trial one of the jurors became ill, and on motion of D's counsel, with approval of the prosecutor and the court, the ailing juror was excused and the trial proceeded with eleven jurors. The jury of eleven subsequently brought in a verdict of guilty against D. Appeal. Held: Affirmed. An accused may waive his privilege of trial before a jury of twelve and submit it to eleven jurors if he acts intelligently, voluntarily, and free from improper influences. State v. Lane, 40 Wn. 2d 734, 264 P. 2d 474 …
Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray
Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray
Washington Law Review
Although much has been written criticizing the statutory right of redemption from real estate foreclosures, it still exists in Washington and a majority of the United States. The basic reason for its continued existence is the strong trend throughout modern timnes to give greater protection to the "oppressed debtor." The history of the moratoria legislation of the last depression is the strongest evidence of the sympathy for the debtor class, and the statutory right of redemption comprises not only a large part of the trend, but it is the place where the policy of favoring the mortgage debtor has reached …