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Articles 3271 - 3296 of 3296
Full-Text Articles in Law
Recent Cases, W. A. H.
The Rule-Making Power Of The Courts, Charles H. Paul
The Rule-Making Power Of The Courts, Charles H. Paul
Washington Law Review
During these times of renewed interest in the defects in our judicial procedure, probably the most sweeping and far-reaching reform proposed is to give the rule-making power to our courts. The exact form of the proposal differs with the conditions in various jurisdictions, but the proposed acts generally provide that the highest appellate court of the jurisdiction shall regulate and prescribe, by rule, the forms for and the kind and character of the entire pleading, practice and procedure to be used in all suits, actions, appeals and proceedings of whatever nature in any of the courts of the state, superseding …
The Taiho Code, The First Code Of Japan, Vivian M. Carkeek
The Taiho Code, The First Code Of Japan, Vivian M. Carkeek
Washington Law Review
Professor Edward S. Creasy, in the eighth edition of his "Fifteen Decisive Battles of the World," published in 1858, predicted war between China or Japan, and the United States. Fortunately for the civilization of the world, there has been none, nor is there likely to be. But as was so well stated by Viscount Uchida, "A knowledge of each other s legal institutions is one of those things which is so essential to an understanding and to the creation of good feeling between nations." The increase of commerce and intercourse that is certain to take place within the next few …
Cases On Taxation, By Joseph H. Beale (1924), J. Grattan O'Bryan
Cases On Taxation, By Joseph H. Beale (1924), J. Grattan O'Bryan
Washington Law Review
No abstract provided.
The Doctrine Of Joint Adventure In Automobile Law, Judson F. Falknor
The Doctrine Of Joint Adventure In Automobile Law, Judson F. Falknor
Washington Law Review
While there are, of course, many unusual and interesting questions relating to the law of automobiles and automobile actions, we all know that the majority of these cases are simply questions of facts. In the ordinary cases principles of law applicable to these facts are well understood, and yet occasionally we encounter a situation the solution of which under former presumably well-settled principles of negligence is not easy. It has been to meet these new and unusual situations which have resulted from the extensive use of automobiles that principles of law hitherto little known or little recognized have developed rapidly, …
The "Trust Fund" Theory: A Study In Psychology, Hyman Zettler
The "Trust Fund" Theory: A Study In Psychology, Hyman Zettler
Washington Law Review
The trust fund doctrine was one of the most interesting judicial creations of the last half of the nineteenth century. It performed and still performs a very useful function, but it has suffered much from its unfortunate name. In some jurisdictions the result has been an undue curtailment of its functions; in others, an undue extension of them. The doctrine has apparently come in for its most extensive application in our own jurisdiction. Indeed, it is here reaching out for new fields. It is, therefore, important for us to know the real scope of the theory and whether it should …
The Scope Of Interrogatories In Washington, Thomas Phelps Gost Jr.
The Scope Of Interrogatories In Washington, Thomas Phelps Gost Jr.
Washington Law Review
It is the purpose of this article to discuss the scope of inquiry allowed by interrogatories propounded under the code in the State of Washington. In order to obtain a comprehensive understanding of this subject, it is necessary to discuss to a certain extent the use of the bill of discovery at common law and trace its development to the use of interrogatories today because the scope of inquiry today is much the same as it was under the old practice.
Evidence: Contradiction Of Collateral Matter, Robert S. Macfarlane
Evidence: Contradiction Of Collateral Matter, Robert S. Macfarlane
Washington Law Review
It has been said so many times that a party is concluded by the answers of a witness on any collateral matter, that the real rule and the reasons therefor are very generally misunderstood and frequently misapplied. Some cases and some textbooks draw a very clear distinction between impeachment as applied to a collateral matter and contradiction as applied to a collateral matter. The distinguishing feature seems to be found in whether or not the answer sought to be refuted is elicited on direct examination or cross-examination. If an answer given on direct examination is to be disproven it is …
May An Action For Damages Be Brought In A State Court By A Seaman Injured In The Course Of His Duty, Or By His Personal Representatives In Case Of His Death, Under Section Thirty-Three Of The Jones Act?, Clifford M. Langhorne
May An Action For Damages Be Brought In A State Court By A Seaman Injured In The Course Of His Duty, Or By His Personal Representatives In Case Of His Death, Under Section Thirty-Three Of The Jones Act?, Clifford M. Langhorne
Washington Law Review
Section 33 of the Jones Act, amending Section 20 of the Seamen's Act of 1915,2 gives to a seaman injured in the course of his duty, or his personal representatives in case of his death, the right to proceed at his election under the provisions of the Employers' Liability Act. The last sentence of the Jones Act, it will be noticed, reads as follows: "Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located." The question is, what is the meaning of the words …
Recent Cases, W. B. W.
The Judicial Council Movement, Charles H. Paul
The Judicial Council Movement, Charles H. Paul
Washington Law Review
Out of the chaos of ill conceived reform legislation, piecemeal attempts at judicial improvement, and general failure to achieve concrete results in remedying the defects in our legal procedure, there has evolved a nation wide movement for the formation of Judicial Councils to aid in solving our procedural problems. Knowledge of this movement is important to Washington lawyers because the Washington State Bar Association at its convention in August recommended the creation of a Judicial Council for Washington, and a special committee of the bar will be appointed to secure the passage of a Judicial Council act at the next …
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
The Right Of A Married Woman To Bring An Action For Damages For Personal Injuries Where The Husband Has Refused To Join, Edward Starin
Washington Law Review
One of the interesting developments in the law of community property has been the rule which declares that a married woman while living with her husband has no right to prosecute an action for personal injuries caused by the negligence of a third person without procuring her husband to join as a party plaintiff in the action. While, under the statute, the common law disabilities of a married woman are completely removed and while under the same statute the wife has the same right to appeal to the courts for redress for any unjust usurpation of her natural or property …
A Selection Of Cases Under The Interstate Commerce Act, By Felix Frankfurter (1922), C. R. Atkinson
A Selection Of Cases Under The Interstate Commerce Act, By Felix Frankfurter (1922), C. R. Atkinson
Washington Law Review
No abstract provided.
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
May A Man Provide In His Will That His Wife Shall Not Take Under It Unless She Shall Survive Him For A Period Of Forty-Eight Hours?, Stephen Darden Brown
Washington Law Review
The advantages are apparent that might be gained by a man including in his will the provision that his wife should not take under it unless she should survive him for a period of, say, forty-eight hours. As an example, there is the famous French case of Fair v. Vanderbilt, in which both spouses were killed, the wife surviving the husband fifty-nine seconds, and of which a learned author once remarked, "It was the first time in history that a man and his wife were ever killed while riding together." No provision had been made in contemplation of either co-accidental …
Dual Sovereignty And The Supreme Court, Overton G. Ellis
Dual Sovereignty And The Supreme Court, Overton G. Ellis
Washington Law Review
No abstract provided.
Rights And Estates Of Vendor And Vendee Under An Executory Contract For The Sale Of Real Property, P. John Lichty
Rights And Estates Of Vendor And Vendee Under An Executory Contract For The Sale Of Real Property, P. John Lichty
Washington Law Review
No abstract provided.
The Assignment Of Merchants' Book Accounts As Security, Robert B. Porterfield
The Assignment Of Merchants' Book Accounts As Security, Robert B. Porterfield
Washington Law Review
Repudiating the rule commonly attributed to the famous case of Dearie v. Hall, a rule which for at least 70 years had been understood to be the rule of the Federal courts, the United States Supreme court decided in 1924 that as between successive assignees of the same chose in action, mere priority of notice did not give priority of right.
The Administration Of The Property Of A Deceased Partner, Burton J. Wheelon
The Administration Of The Property Of A Deceased Partner, Burton J. Wheelon
Washington Law Review
The descent of property to heirs or devisees is a right conferred by society and the statutes governing administration and distribution must, as a general rule, be strictly complied with. The case of the administration of a deceased member of a partnership, however, deals with property which does not belong to the deceased alone, but in which the surviving partners have a common and often equal or superior interest. Furthermore, the obligations incurred by the firm, through its members, bind the members jointly, it being remembered that a partnership is not an entity in the eyes of the law, but …
The Admissibility Of Testimony Concernng Transactions With Decedents, Elwood Hutcheson
The Admissibility Of Testimony Concernng Transactions With Decedents, Elwood Hutcheson
Washington Law Review
It is the purpose of this article to provide a means of ready reference to all of the Washington cases, up to and including the 133rd Washington, which have construed, applied or discussed the statute of this state which excludes testimony in certain cases by interested parties as to transactions with persons since deceased.
The Federal Trade Commission, By Gerard C. Henderson (1924), K. E. Leib
The Federal Trade Commission, By Gerard C. Henderson (1924), K. E. Leib
Washington Law Review
No abstract provided.
Cases On The Law Of Public Service, Including The Law Peculiar To Common Carriers And Innkeepers, By Charles K. Burdick, 2d Ed., Harvey Lantz
Washington Law Review
No abstract provided.
Brief-Making And The Use Of Law Books, By Roger W. Conley, 4th Ed., Arthur Beardsley
Brief-Making And The Use Of Law Books, By Roger W. Conley, 4th Ed., Arthur Beardsley
Washington Law Review
No abstract provided.
Dumpor's Case: Its Status, Robert S. Macfarlane
Dumpor's Case: Its Status, Robert S. Macfarlane
Washington Law Review
Dumpor's Case holds, according to the syllabus in Sir Edward Coke's Reports (4 Coke 119b) that "a condition in a lease that the lessee or his assigns shall not alien without the special license of the lessor, is determined by an alienation by licence, and no subsequent alienation is a breach of condition, nor does it give a right of entry to the lessor." The same case more properly titled "Dumpor v Symms" (Coke) or "Dumper v Syms" is reported by Sir George Croke (Croke's Eliz. 815) The head note there reads: "On a proviso that a lessee and his …
Principles Of Corporation Law, By William W. Cook (1925), Ivan W. Goodner
Principles Of Corporation Law, By William W. Cook (1925), Ivan W. Goodner
Washington Law Review
No abstract provided.
The Washington Statute On Nuncupative Wills, Edward Starin
The Washington Statute On Nuncupative Wills, Edward Starin
Washington Law Review
In the old days of our common law, when the art of writing was limited to but a comparative few, the idea of a nuncupative or oral will gained a fairly firm footing. But with the spread of the ability to write, such wills came to be looked upon with disfavor owing to the opportunities presented for fraud and perjury Hence as early as the reign of Henry VIII. important restrictions were imposed on the right and power to make a nuncupative will. Contemporary legal writers expressed the idea that such a will could be made only when the testator …
Recent Cases, J. W.