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Articles 2791 - 2820 of 3365
Full-Text Articles in Law
Probate Decrees—Extrinsic Fraud—Personal Notice Of Proceedings, William L. Williams
Probate Decrees—Extrinsic Fraud—Personal Notice Of Proceedings, William L. Williams
Washington Law Review
D was appointed administratrix of the estate of her husband who died intestate in 1943. Notice of the probate proceedings was given by publication as provided in RCW 11.76.040 [RRS § 1532; PPC § 192-17]. P, a daughter of deceased by a former marriage, was not given personal notice of the probate proceedings, or of the final decree. However, she learned of the death within a few hours, and of the decree of distribution a few months after it was entered. The final decree was entered in 1944, awarding the entire estate to D as sole heir at law. This …
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay
Washington Law Review
Action for damages for breach of an express warranty. C, at P's request, located a tractor for sale. P agreed to purchase the tractor if D, its owner, would give a warranty of condition. D and C assured P that such a warranty would be made. D addressed a warranty formulated according to P's specifications to C. C purchased the tractor, resold it to P, and delivered to P the statement of warranty. Trial court found for P. Appeal. Held: Affirmed. P, as beneficiary, may sue D directly for breach of the warranty, as D and C intended that the …
Headaches Of A Judge—A Challenge To The Bar, William G. Long
Headaches Of A Judge—A Challenge To The Bar, William G. Long
Washington Law Review
In the hope that other judges may be spared some of the frustrations and disappointments that have come to me, I now challenge you lawyers to alert yourselves to matters related to Juvenile Court administration, rise to the heights of your potential leadership, and then dedicate yourselves to lifting the level of rehabilitative treatment of the unfortunate kids of Washington. There is plenty to be done!
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Washington Law Review
In an action for specific performance of a real estate contract, D set up the plea of the statute of frauds, in that there was an insufficient legal description. D had signed an earnest money agreement containing the following description: "real property: at 309 E. Mercer, Seattle, King County, Washington." Held: the legal description is insufficient. Every contract for the sale or conveyance of platted real property must contain in addition to the other requirements of the statute of frauds, the description of such property by correct lot number(s), block, addition, city, county, and state. Martin v. Seigel, 35 Wn. …
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius
Washington Law Review
H obtained a default divorce decree under which W was given custody of two minor children and H was granted reasonable visitation privileges. Later H remarried and established residence in Montana, and, in order to enable the children to visit him there, filed a motion and affidavit for an order that W show cause why the decree should not be modified. The show cause order was granted, but meanwhile W, in an original application in the Supreme Court, requested a writ of prohibition restraining the Superior Court from modifying. She contended that Superior Court jurisdiction to modify cannot be invoked …
Probate—Administration Of An Estate Under Absentee Statute, James B. Mitchell
Probate—Administration Of An Estate Under Absentee Statute, James B. Mitchell
Washington Law Review
A bank was appointed guardian of N's estate in 1941, N having been adjudged incompetent. In 1942, N disappeared, and was not heard from for over seven years. P, on behalf of N's heirs, petitioned the probate court for appointment as administrator of N's estate. The appointment was made, and the bank appealed. Held: Reversed. Where there is neither allegation nor evidence sufficient to give the probate court jurisdiction to determine that the missing man is dead, his heirs are relegated to the absentee statutes for provisional distribution. In re Nelson's Estate, 37 Wn. 2d 397, 224 P. 2d 347 …
The Limited-Access Highway, Owen Clarke
The Limited-Access Highway, Owen Clarke
Washington Law Review
Even more impressive has been the sharp reduction in motor vehicle accidents where the principle of limited-access has been employed. On the Arroyo Seco, for example, accidents dropped 75 per cent. Accidents on Chicago's Outer Drive totaled only eight for every ten million vehicle miles traveled compared with 189 on ordinary roads in the area. After limiting access on a five-eighths-mile section in Milwaukee, there were only 5 per cent as many accidents as the average of four other comparable unlimited-access sections. Experience throughout the United States indicates that with limited-access highways we will have less than 15 per cent …
Res Ipsa Loquitur: Application And Effect, Murray B. Guterson
Res Ipsa Loquitur: Application And Effect, Murray B. Guterson
Washington Law Review
The doctrine of res ipsa loquitur has played a significant role in eighteen cases' appealed to the Washington Supreme Court since 1938. Examination of these decisions will reveal that the doctrine of res ipsa is applied as circumstantial evidence at two stages of a negligence action, that its application is made in accordance with three court-made requisites as to the nature of the proof, and that it will be applied only in the event that the plaintiff in the trial court achieves the level of proof that is required for its application. It is the author's purpose to develop the …
Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap
Insane Persons—Confinement In Penitentiary—Persons Insane At Time Of Commitment—Statutory Provisions, Ray M. Dunlap
Washington Law Review
D was acquitted of murder by reason of his insanity. The jury returned the statutory special verdict finding that his "insanity or mental irresponsibility" did not exist at the time of the trial but that there was such likelihood of a relapse or recurrence of the condition that D was not a safe person to be at large. D was committed to the state penitentiary as a criminally insane person. Soon after commitment he sought to be discharged from confinement under the procedure set out in RCW 10.76.070 [RRS § 6970; PPC § 133-11]. The prosecuting attorney petitioned for a …
Negligence—Last Clear Chance—Emergency Rule, Gordon F. Crandall
Negligence—Last Clear Chance—Emergency Rule, Gordon F. Crandall
Washington Law Review
P was helping to push F's car out of a ditch and while standing beside the car he failed to see the approach of D's auto over the crest of a hill 250 feet behind him. D saw F's automobile partially blocking the road and tried to stop or avoid it, but his car went out of control, slid broadside down the slippery road and struck P, pinning him between the two cars as they collided. The trial court gave the jury an instruction on last clear chance, apparently for the reason that although D was unable to stop his …
Municipal Corporations—Competition Between Public Utilities, Eldon C. Parr
Municipal Corporations—Competition Between Public Utilities, Eldon C. Parr
Washington Law Review
A Public Utility District (P.U.D.), organized in 1937 and including the Town of Newport in its territory, in June 1949 purchased the properties of a public service corporation which supplied the Town of Newport and the surrounding area with electric power. The P.U.D. thereafter performed this service. In July 1949, the Newport City Council proposed that the city acquire its own power system. An election was conducted which favored the proposal. Action by the P.U.D. to enjoin issuance of revenue bonds by the Town of Newport to finance the proposed acquisition. Judgment for the Town of Newport. On appeal, that …
Trusts—Purchase Money Resulting Trusts Between Parties Living In Meretricious Cohabitation, Ernest M. Murray
Trusts—Purchase Money Resulting Trusts Between Parties Living In Meretricious Cohabitation, Ernest M. Murray
Washington Law Review
P, separated from his wife, illicitly cohabited with D. P purchased their residence with his separate property, taking title in D's name. D asserted ownership of the property and evicted P. P brought action claiming D held the property as a trustee for P's benefit. The trial court found for D. On appeal, Held: Reversed. Since P advanced all the consideration for the property, a resulting trust is presumed. Walberg v. Mattson, 38 Wn. 2d 808, 232 P. 2d 827 (1951).
Sales—Waiver Of Right To Rescind, John L. Hay
Sales—Waiver Of Right To Rescind, John L. Hay
Washington Law Review
P installed a heating system in Ds' house, removing and keeping the old furnace as part of the purchase price. On discovering faulty installation, Ds notified P of their desire to rescind and demanded reinstallation of the old furnace. P refused and filed a lien for the purchase price on Ds' house, which he now seeks to foreclose. These events took place in winter, and Ds, aged and in poor health, continued to use the new heating system, there being no other adequate means of heating the house. The trial court refused to foreclose the lien and held for Ds …
Gifts To Minor Children—Guardianships Vs. Inter Vivos Trusts—Is The Kieckhefer Trust The Answer?, Willard J. Wright
Gifts To Minor Children—Guardianships Vs. Inter Vivos Trusts—Is The Kieckhefer Trust The Answer?, Willard J. Wright
Washington Law Review
Much comment has followed the recent decision of the Court of Appeals for the 7th Circuit in Kieckhefer v. Commissioner, with some encouragement for persons contemplating gifts in trust for minor children. The spectacular nature of the trust instrument in this case and the outspoken refusal of the Tax Court to accept the type of trust involved, at least for tax purposes, furnishes an occasion to reconsider the relative merits of a trust and a guardianship as a receptacle for gifts for the benefit of minor children. While the donor of gifts to minor children has had a difficult time …
Some Aspects Of Tokugawa Law, Dan F. Henderson
Some Aspects Of Tokugawa Law, Dan F. Henderson
Washington Law Review
The fall of China to communist forces has brought many otherwise complacent people to the realization that the enemies of democracy are outnumbering its friends in Asia. This is not a new phenomenon. Facts and frankness require us to recognize that neither in the past nor present has Western democracy demonstrated the capacity to take root and grow in Asia. But the fact that the present trend is not only undemocratic but actively directed against our nation has kindled a new desire to understand the reasons for the difficulties of democracy in the Far East.
The Preparation And Trial Of A Lawsuit, John J. Kennett
The Preparation And Trial Of A Lawsuit, John J. Kennett
Washington Law Review
It is at once obvious that the subject matter encompassed by the above title is so vast that the most that can possibly be done here is to make a few suggestions that may prove helpful to the younger and more inexperienced members of the bar. It is with that thought in mind, and with a profound sense of inadequacy, that I offer the following suggestions. It likewise should be noted that many of the suggestions here made were, in the first instance, the brain children of others—I have simply adopted these brain children who were given birth by older, …
The Standard Of Care Of The Drugless Healer, John F. Hansler
The Standard Of Care Of The Drugless Healer, John F. Hansler
Washington Law Review
The practitioner of the healing arts who ministers to the sick and afflicted without the use of drugs and surgery has long posed a difficult regulatory problem to legislatures and to the courts. Though battered by the invective of regular medica practitioners, drugless healers continue to thrive in one form or another in most of the United States. The most common classes of these healers are the osteopaths, the chiropractors, the naturopaths, and the Christian Science practitioners. Osteopathy is licensed by statute in all of the states; it is the branch of drugless healing most like general medicine and surgery …
Worthless Check Transactions: Rem. Rev. Stat. 2129, Sections 23 And 24 Of The Uniform Sales Act, The Motor Vehicle Registration Act, James M. Dolliver
Worthless Check Transactions: Rem. Rev. Stat. 2129, Sections 23 And 24 Of The Uniform Sales Act, The Motor Vehicle Registration Act, James M. Dolliver
Washington Law Review
Recently the Washington Supreme Court considered two cases involving the exchange of goods for a worthless check with a subsequent sale to a bona fide purchaser. In the first case the Court found for the bona fide purchaser while in the later case the original owner prevailed. Fairness to the Court compels the statement that the reason for this surprising reversal was not mere caprice but seemed rather to stem from a little used statute passed in 1854, the construction of which was controlling in each opinion.
Workmen's Compensation Act—Immunity Of Third Party Employer, Richard M. Oswald
Workmen's Compensation Act—Immunity Of Third Party Employer, Richard M. Oswald
Washington Law Review
D, a foreign corporation engaged in manufacturing chemicals, sold to X scrap iron including a coil of pipe which D had used in its business. P, an employee of a salvage dealer, was ordered by his employer to pick up the scrap iron at X's yard. In order to place the coil of pipe in proper position on his truck, P struck the pipe with a maul, the force of the blow causing a corrosive substance to issue from the pipe and injure P. Instead of taking compensation under the Workmen's Compensation Act, P elected to sue the tortfeasor. Judgment …
Corporations—Rights Of Preferred Stockholders Upon Dissolution, Louis Rousso
Corporations—Rights Of Preferred Stockholders Upon Dissolution, Louis Rousso
Washington Law Review
A corporation's articles of incorporation provided: "In the event of any liquidation, dissolution or winding up of the Corporation the holders of the preferred stock shall be entitled to be paid in full the par value thereof, and all accrued unpaid dividends thereon [italics added] before any sum shall be paid to or any assets distributed among the holders of the common stock." During the corporation's existence, it had never declared a dividend. Furthermore, there was no surplus on hand at date of dissolution. In an attempt to determine the rights of the respective stockholders, the liquidating trustees of the …
Waters—Appropriation—Riparian Rights, G. Keith Grim
Waters—Appropriation—Riparian Rights, G. Keith Grim
Washington Law Review
Action by a water district to appropriate and condemn water for domestic uses from a nonnavigable lake. All the riparian land was privately owned by persons who used the lake for boating, bathing, and fishing. One tract was planted in berries and intensively fertilized, and drainage from it seeped into the lake. The trial court held that boating, bathing, fishing, and reasonable agricultural pollution were riparian rights which would be damaged by operation of the state health laws protecting water supplies, and awarded compensation for the resulting depreciation in land values. Appeal. Held: Affirmed. Petition of Clinton Water District, 36 …
Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor
Evidence—Witnesses—Proof Of Prior Inconsistent Statements, James M. Taylor
Washington Law Review
D was convicted of second degree assault. The prosecuting attorney, ostensibly for the purpose of laying a foundation for impeachment, asked D questions concerning D's prior inconsistent statements, using a purported manuscript of a wire recording. D neither confirmed nor denied making the statements, answering, "I don't know" or "I don't deny it or confirm it." The prosecutor failed to follow this up on rebuttal by proving or attempting to prove that the prior statements were actually made. Appellant contended this was error. Held: Conviction reversed. Such conduct was extremely prejudicial and constituted reversible error. State v. Yoakum, 137 Wash. …
Master And Servant—Liability Of Master For Injuries Inflicted By Incompetent Servant—Respondeat Superior And Original Negligence, Edward J. Mccormick Jr.
Master And Servant—Liability Of Master For Injuries Inflicted By Incompetent Servant—Respondeat Superior And Original Negligence, Edward J. Mccormick Jr.
Washington Law Review
The owner of an apartment house employed a manager who, in the exercise of his duties, employed a janitor. Thereafter, the janitor became drunk and assaulted a tenant. The trial court expressly found that this fact was communicated to the manager who nevertheless continued to employ the janitor. There was no express finding that any information concerning the dangerous propensities of the janitor was communicated to the owner. However, the trial court found generally that both the owner and manager were negligent in retaining, the janitor in "their employ." Shortly after the first assault the janitor assaulted P, also a …
Injunctions—Temporary Injunction Or Temporary Restraining Order—Right To Continue In Force Pending Appeal, Roy J. Moceri
Injunctions—Temporary Injunction Or Temporary Restraining Order—Right To Continue In Force Pending Appeal, Roy J. Moceri
Washington Law Review
P, ex parte, requested a temporary restraining order. The court refused the request because the adverse party was not present. The next day both parties appeared and after oral argument by counsel, the court issued an order entitled "Temporary Injunction and Restraining Order and Order to Show Cause." The show cause order was made returnable on the same date as the trial on the merits. The trial court held for D. P gave notice of appeal and pursuant to Rem. Rev. Stat. § 1723 [P.P.C. § 5-25] and Rules on Appeal 24, 34A Wn. 2d 27, moved that the court …
Address By Arthur B. Langlie, Governor Of The State Of Washington, Arthur B. Langlie
Address By Arthur B. Langlie, Governor Of The State Of Washington, Arthur B. Langlie
Washington Law Review
Today I hope to take a little of your time, rather than try to extend some complimentary greeting of some kind or another, I would like to take this opportunity to talk a little bit about our government, our state government, some of its problems, primarily its tax problems, because some of you may have noted already that while the law has not become effective as yet, that there is going to be a slight tap on your personal income in the way of an increase in the business and occupational tax, and I want to talk to you about …
Report Of The Committee On Administrative Law, Frederick J. Lordan
Report Of The Committee On Administrative Law, Frederick J. Lordan
Washington Law Review
Your committee on administrative law, which was reorganized and appointed in the fall of 1950, held a series of preliminary meetings to outline the objectives of the committee and its policy with a view to correcting the obvious defects in the administrative practice and procedure in the state of Washington. Our preliminary survey revealed the startling fact that there are some forty agencies, boards, commissions, or administrators in the state of Washington authorized to make rules, hold hearings, adjudicate rights and issue orders. No uniformity exists with relation to the procedure before these agencies, and in some instances, the only …
Soviet Socialism And Embezzlement, John N. Hazard
Soviet Socialism And Embezzlement, John N. Hazard
Washington Law Review
Socialism has been heralded as the cure for crime. To the Marxist the claim seems reasonable. He believes that crime springs from poverty coupled with despair. Reorganization of the economic and socal structure of society under socialism is promised as the route to hope and wealth. In consequence, socialism should create conditions under which the citizen will have no need to steal and no desire to kill. To examine the effect of the thesis upon the writings of Soviet authors and the policy of the Soviet leaders this paper will review what has happened to the crime of embezzlement over …
Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon
Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon
Washington Law Review
In line with the policy of the Supreme Commander for the Allied Powers to democratize the mining industry of Japan, a study of existing mining law was undertaken in 1946 by a National Mining Law Revision Committee appointed by the Minister of Commerce and Industry (now Minister of International Trade and Industry). After four years of investigation, drafting, and redrafting of a revised Mining Bill, with technical assistance from a visiting mineral law expert from the United States and from lawyers and agricultural and forest economists employed in the Japanese government and in the Headquarters of SCAP, as well as …
Dean Judson F. Falknor, Anon
Dean Judson F. Falknor, Anon
Washington Law Review
The resignation of Judson F. Falknor as Dean of the University of Washington Law School became effective July 31, 1951. Immediately thereafter he joined the faculty of the University of California Law School at Berkeley, California, where he will teach courses in Evidence and Procedure. Dean Falknor's departure, after fifteen years as head of the Law School, constitutes a real loss to both the school and the state of Washington. While we regret our loss, our regret is tempered by the fact that in leaving us Dean Falknor is following a carefully considered course of action. After so many years …
Another Look At Picketing In Washington, Donald H. Wollett
Another Look At Picketing In Washington, Donald H. Wollett
Washington Law Review
The purpose of this comment is threefold: (1) to reformulate the Washington rules in re peaceful picketing in light of Ostroff v. Laundry and Dye Works Drivers' Local No. 566; (2) to suggest, using the metaphor employed by Judge Hamley in his dissenting opinion, that the rule of the Ostroff case embarks the court on a voyage into uncharted seas; and (3) to suggest further the wisdom of the court's returning to port and recharting a course over better marked and more frequently traveled waters.