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Articles 3001 - 3030 of 3365
Full-Text Articles in Law
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, …
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 …
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.
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 …
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 …
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 …
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 …
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 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 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 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 …
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.
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 …
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.
Recent Statutory Changes In The Washington Law Of Domestic Relations, Warren L. Shattuck
Recent Statutory Changes In The Washington Law Of Domestic Relations, Warren L. Shattuck
Washington Law Review
Discusses changes to Washington laws on the waiting period for the issuance of a marriage license and adoption relinquishment orders,
Donee Beneficiaries—Deckler V. Fowler, Warren L. Shattuck
Donee Beneficiaries—Deckler V. Fowler, Warren L. Shattuck
Washington Law Review
A and B contract, A promising B to render at a future date some performance to C. What are the legal relations between A and C? B and C? A hundred years ago the answers to these questions would have required consideration of something called "privity of contract" and might well have been "no legal relations". Today, however, we can, on the basis of many decisions, say with certainty that in most states A owes a contract duty to C on breach of which C may have the usual remedies of a contract obligee. In now accepted terminology C is …
The Spirit Of The Bar, R. L. Maitland
The Spirit Of The Bar, R. L. Maitland
Washington Law Review
The following address was given by R. L. Maitland, K. C., of Vancouver, B. C., at the meeting of the Washington State Bar Association at Spokane, July 22, 1939, which association voted to print the following address in this journal. Mr. Maitland is a distinguished member of the Canadian bar and was selected by the Canadian Bar Association to represent Canada at the American Bar Association meeting held this year just prior to the meeting of the Washington Bar Association.
Disregarding The Entity Of Private Corporations [Part 1], Charles Horowitz
Disregarding The Entity Of Private Corporations [Part 1], Charles Horowitz
Washington Law Review
Although the device of incorporation has a number of advantages over other types of business organization such as partnerships, joint stock companies, and common law trusts, the advantage that has held the greatest appeal to prospective stockholders has been the advantage of limited liability. This advantage probably accounts for the widespread popularity of incorporation as a business device. In the last 100 years corporate growth has been such that it dominates the business life of the country. It has become apparent with the passage of time, however, that the device of incorporation can be used in such a way as …
The Duty To Read An Insurance Policy In Washington, Willard J. Wright
The Duty To Read An Insurance Policy In Washington, Willard J. Wright
Washington Law Review
Washington follows this general contract rule but the court appears willing to mollify its hardship in some instances by liberally construing the term "fraud". Thus in Stone v. Moody the plaintiffs signed a contract without reading it and the court allowed them a recission on the ground that the contract contained such an "unconscionable" clause that it was plain the plaintiffs would never have agreed to it if they had known of it. Unless it can be said that the defendant—who read the contract to the plaintiffs and omitted to read the clause in question—induced the plaintiffs not to read …
Exemptions Of Remainder Interests In The Inheritance Tax Statute Of The State Of Washington, Earl K. Nansen
Exemptions Of Remainder Interests In The Inheritance Tax Statute Of The State Of Washington, Earl K. Nansen
Washington Law Review
Three recent cases involving the application of the inheritance tax statute of the State of Washington have raised some problems which should receive immediate attention. The statute provides three different schedules of rates, the schedule applicable to any gift being determined by the relationship of the beneficiary to the deceased. Class A includes any devise, bequest, legacy, gift or beneficial interest to any property or income therefrom which shall pass to or for the use or benefit of any grandfather, grandmother, father, mother, husband, wife, child or stepchild, or any lineal descendant of the deceased. The schedule of rates for …
The Presumption Of Death From Absence As Affecting The Statute Of Limitations And The Nonpayment Of Premiums In Life Insurance Cases, Kenneth Cox
Washington Law Review
The doctrine that seven years' unexplained absence from home will raise a presumption that the missing person is dead has proved a troublesome one to apply in the insurance cases in which, modernly, it is chiefly called into play. As long as it is merely employed to establish the death of a missing spouse, in order to allow remarriage by the survivor, or in order to permit the distribution of the missing person's estate, or in many of the other situations where it is relied upon to establish the fact of death, the courts have little difficulty with the presumption. …
Suggested Improvements In The Law Of Evidence, Alfred J. Schweppe, Edwin Gruber, Robert M. Jones, Charles M. Moriarty, Judson F. Falknor, Walter B. Beals
Suggested Improvements In The Law Of Evidence, Alfred J. Schweppe, Edwin Gruber, Robert M. Jones, Charles M. Moriarty, Judson F. Falknor, Walter B. Beals
Washington Law Review
The Washington Committee on Judicial Administration assigned a section of its membership to study the law of evidence in the state of Washington in the light of the Reports of the Section of Judicial Administration of the American Bar Association, published in July, 1938. The observations and recommendations of the Washington Section on the Law of Evidence appear in the following report.
A General Review Of The Work Of The 1939 Washington Legislature, Eugene C. Luccock, Max Kaminoff
A General Review Of The Work Of The 1939 Washington Legislature, Eugene C. Luccock, Max Kaminoff
Washington Law Review
Probably a careful attempt to evaluate legislative activity should take into consideration the opportunities for enacting bad laws which were avoided and the opportunities for enacting good laws which were passed by. A comparative analysis of what the legislature has refused to do as well as what it has done might better reflect the operation of political democracy at work than a bare survey of the "end products", so to speak, as reflected in the paper and ink additions to the body of existing law. In the instance of the twenty-sixth session of the Washington Legislature, the latter consist of …
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
Washington Law Review
It is repeatedly claimed in high places that the action of the Supreme Court in declaring acts of Congress unconstitutional is a usurpation on the part of the judges. This assertion is sometimes made by college professors, sometimes by statesmen and sometimes even by lawyers. On the contrary, in exercising that power the Supreme Court merely declares that the will of the people of the several states in ratifying their federal compact shall remain supreme over attempted usurpation of power by their agents in the federal legislature. When John Marshall proclaimed that power in the famous case of Marbury v. …
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Washington Law Review
That the dictates of the law and the principles of common morality are not always blended to perfection is not a startlingly new pronouncement. Undoubtedly the courts use every legitimate means at their disposal in forming their decrees to enforce conduct that we are pleased to regard as called for in the name of simple honesty. But in at least one situation the Statute of Frauds has appeared to many courts to prevent a decree harmonizing law and justice. The type situation is that P, being desirous of purchasing a piece of realty, orally engages A to negotiate the purchase …
Statutory Limitation Of Innkeepers' Liability, George M. Martin
Statutory Limitation Of Innkeepers' Liability, George M. Martin
Washington Law Review
Many of the earliest cases of which reports are extant deal with the liability of the innkeeper to his guest, and the earliest known Roman law gave an action against the innkeeper if the baggage of the guest was in any way damaged, lost or stolen. At common law the innkeeper was the insurer of the baggage of his guest. He was under an absolute liability unless he could prove that the loss was caused by an Act of God, the public enemy, by the act of the guest or of the guest's servants. This absolute liability was extended to …
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Washington Law Review
A year ago in the case of State v. Johnson the court approved the admission in evidence of certified photostatic copies of fingerprint records from penitentiaries of Oregon and California to prove the identity of the defendant as a prior inmate of those institutions. The court relied on a federal statute which, under authority of Article IV, § 1, of the Federal Constitution, sets forth the procedure for certification of records that was followed in that case. It therefore became necessary for the court to investigate the laws or usages of the Oregon and California courts to determine whether or …
Reports Of Committees, S. Harold Shefelman, O. B. Thorgrimson, E. N. Eisenhower, S. M. Brackett
Reports Of Committees, S. Harold Shefelman, O. B. Thorgrimson, E. N. Eisenhower, S. M. Brackett
Washington Law Review
Contains reports from the following committees of the Washington State Bar Association: Annotations to the Restatement of Law, Cooperation with American Bar Association, Corporation Law, Discipline and Disbarment, Judicial Administration, Law Enforcement, Law Examiners, Legislative Committee, Public Relations, Selection of Judges, and Unauthorized Practice of Law. Includes the auditor's report.