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Washington Law Review

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Full-Text Articles in Law

Inheritance By A Murderer From His Victim, H. C. Force Feb 1927

Inheritance By A Murderer From His Victim, H. C. Force

Washington Law Review

The question whether a murderer can inherit from his victim, except in the case of life insurance, is usually answered in the affirmative. The rule is well settled that if the beneficiary under a life insurance policy murders the insured, neither he nor his heirs or representatives can collect the policy. But in cases where a devisee or heir has murdered his testator or ancester, the courts are divided, the majority holding that however undesirable it may be for a murderer to profit by his crime, nevertheless the statutes of wills or of descent are too clear, that the courts …


Cases On Federal Taxation, By Joseph Henry Beale And Roswell Magill (1926), J. Grattan O'Bryan Feb 1927

Cases On Federal Taxation, By Joseph Henry Beale And Roswell Magill (1926), J. Grattan O'Bryan

Washington Law Review

No abstract provided.


Recent Cases, C. P. Feb 1927

Recent Cases, C. P.

Washington Law Review

No abstract provided.


Constitutional Law, By Charles W. Gerstenberg (1926), Alfred J. Schweppe Feb 1927

Constitutional Law, By Charles W. Gerstenberg (1926), Alfred J. Schweppe

Washington Law Review

No abstract provided.


Cases On Mortgages, By James Lewis Parks (1926), Crawford M. Bishop Feb 1927

Cases On Mortgages, By James Lewis Parks (1926), Crawford M. Bishop

Washington Law Review

No abstract provided.


Book Notes, W. E. E. Feb 1927

Book Notes, W. E. E.

Washington Law Review

No abstract provided.


Periodical Notes, Anon Feb 1927

Periodical Notes, Anon

Washington Law Review

No abstract provided.


Books Received, Anon Feb 1927

Books Received, Anon

Washington Law Review

No abstract provided.


Rights Of A Vendee Under An Executory Forfeitable Contract For The Purchase Of Real Estate: A Further Word On The Washington Law, Alfred J. Schweppe Nov 1926

Rights Of A Vendee Under An Executory Forfeitable Contract For The Purchase Of Real Estate: A Further Word On The Washington Law, Alfred J. Schweppe

Washington Law Review

Almost two years have passed since the six-three decision in Ashford v. Reese, holding that in this state an executory forfeitable contract for the sale of real estate creates no title, legal or equitable, in the vendee. Since that time a Department of the Court has once reaffirmed the doctrine, and the legislature has initiated, but not consummated, an attempt to change the rule. It is not the purpose of this brief article to reiterate what has heretofore been discussed both in the opinions of the Court and in these pages; but merely, for the sake of completeness, to refer …


Concerning Affidavits For Publication Of Summons Under The Washington Statute, F. C. Hackman Nov 1926

Concerning Affidavits For Publication Of Summons Under The Washington Statute, F. C. Hackman

Washington Law Review

Service of process by publication is not a common-law mode of of procedure, but a statutory creation. The rule, which is almost universal, that the statutes governing this matter must be strictly construed, and literally observed to give the court jurisdiction, is adhered to in this state. As a condition precedent to the exercise of the right to serve process by publication the statute requires the execution of an affidavit by the plaintiff, his agent or attorney, containing certain allegations. Without this affidavit a valid service by publication cannot be had.


Warehouse Receipts As Collateral, Crawford M. Bishop Nov 1926

Warehouse Receipts As Collateral, Crawford M. Bishop

Washington Law Review

A warehouse receipt is a contract, delivery of which carries constructive possession and often title to the goods represented thereby. The common law receipt was not negotiable but rather assignable as any other contract. The delivery of the receipt represented the delivery of the goods, and operated to vest in the assignee the same title as would be vested by an actual transfer of the goods themselves coupled with a similar agreement. "At common law a valid assignment could be made without indorsement by a mere delivery of the receipt, with intent to pass title to the goods. And, statutes …


No-Par Stock And Its Effect On Washington Law, Jeffrey Heiman Nov 1926

No-Par Stock And Its Effect On Washington Law, Jeffrey Heiman

Washington Law Review

In 1912 the New York Legislature passed the first statute authorizing the organization of corporations in New York with stock of no-par value. Such stock is defined by Cook as "stock which does not state how much money it represents." Immediately upon the passage of the law in New York a furor arose in the law reviews of the country, either in criticism of, or in defense of, the innovation in the field of corporation finance. That this subject is becoming a popular field of corporate legislation is beyond denial for at the present time thirty-nine states, including Washington allow …


Jurisdiction Of A Justice Of The Peace, H. C. Force Nov 1926

Jurisdiction Of A Justice Of The Peace, H. C. Force

Washington Law Review

The judgment of a court ot record and of general jurisdiction, acting within the scope of its jurisdiction, is presumed to be valid in all particulars unless the contrary affirmatively appears on the face of the record. But even such a judgment is subject to attack on the ground of lack of jurisdiction. The judgment of a court of limited jurisdiction and not of record enjoys no such presumption, and the jurisdiction of such a court must be affirmatively shown. In this state, a justice court is not, and cannot be made, a court of record, and its jurisdiction is …


Contracts Not To Be Performed Within A Year Under Statute Of Frauds In Washington, J. Orrin Vining Nov 1926

Contracts Not To Be Performed Within A Year Under Statute Of Frauds In Washington, J. Orrin Vining

Washington Law Review

The statute of frauds in Washington, states that in certain specified cases an agreement, contract and promise shall be void unless the same or some note or memorandum thereof be in writing and signed by the party to be charged therewith. By subdivision I this provision extends to every agreement that by its terms is not to be performed in one year from the making thereof. Two recent decisions of our Supreme Court have gone into an extended interpretation of this subdivision regarding two troublesome questions of law arising thereunder. The first of these questions is: What is the test …


Recent Cases, G. De G. Nov 1926

Recent Cases, G. De G.

Washington Law Review

No abstract provided.


The "But For" Rule In Washington, Gerald Arthur De Garmo Nov 1926

The "But For" Rule In Washington, Gerald Arthur De Garmo

Washington Law Review

The question of proximate cause is one which is of vital importance in determining where the liability for an act or omission shall fall. For this reason certain attempts have been made to set forth rules which should determine whether an act was the proximate cause of a particular result. The so-called "But For" rule for determining proximate cause is an outgrowth of this class of litigation and has been the cause of several interesting and apparently none too well reasoned cases, of which the famous "Bear Case" or Gilman v. Noyes is perhaps the best known. The true "But …


Cases On Business Law—Introductory Course, By Leslie J. Ayer (1926), Alfred J. Schweppe Nov 1926

Cases On Business Law—Introductory Course, By Leslie J. Ayer (1926), Alfred J. Schweppe

Washington Law Review

No abstract provided.


Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop Nov 1926

Cases On Equity, By Walter Wheeler Cook (1926), C. M. Bishop

Washington Law Review

No abstract provided.


U.S. Board Of Tax Appeals—Practice And Evidence, By Charles D. Hamel, Paul P. Ashley Nov 1926

U.S. Board Of Tax Appeals—Practice And Evidence, By Charles D. Hamel, Paul P. Ashley

Washington Law Review

No abstract provided.


Hyatt On Trials, By W.H. Hyatt (1924), Ivan W. Goodner Nov 1926

Hyatt On Trials, By W.H. Hyatt (1924), Ivan W. Goodner

Washington Law Review

No abstract provided.


Periodical Notes, Anon Nov 1926

Periodical Notes, Anon

Washington Law Review

The Periodical Note Section is a brief summary of the leading articles of general interest in other law reviews that have appeared since the last number of the Washington Law Review.


Book Notes, O. B. K. Nov 1926

Book Notes, O. B. K.

Washington Law Review

No abstract provided.


The Settlement Of Disputes By Arbitration, Alfred N. Heuston May 1926

The Settlement Of Disputes By Arbitration, Alfred N. Heuston

Washington Law Review

A movement has recently gained considerable headway in this country to overturn the well settled common law rule that executory agreements to arbitrate disputes are revocable." Congress and the legislatures of New York, New Jersey, Massachusetts, and Oregon have recently enacted laws designed to effect this result. Where such laws are in force it is no longer possible for one to enter into a solemn agreement with another to arbitrate in case any dispute should arise, and later, when a dispute has arisen, resort directly to the courts, in total disregard of such agreement.


The Rule-Making Power Of The Courts, Charles H. Paul May 1926

The Rule-Making Power Of The Courts, Charles H. Paul

Washington Law Review

With regard to the constitutionality of the proposal, the first question that occurs to every lawyer is whether the legislature may delegate the rule-making power to the courts. It seems strange that, in view of the history of English and American procedural law, this question should occur to anyone as presenting a serious objection, but the reason is, of course, that we have got so far away from the original method of regulating court procedure that our inclination is to believe that legislative codes are the only way in which court procedure can be prescribed. As a matter of fact, …


The Exemption Laws Of Washington, Maurice W. Orth May 1926

The Exemption Laws Of Washington, Maurice W. Orth

Washington Law Review

Remington's Compiled Statutes for 1922, Section 563, specifies what property shall be exempt from execution and Section 703 specifies the amount of wages exempt from garnishment. This note will discuss these two exemption sections only and will not include the homestead law, which in a sense is itself an exemption law.


Power Of Corporation To Discharge Those Employed Under Contract For Term Of Years, W. Harold Hutchinson May 1926

Power Of Corporation To Discharge Those Employed Under Contract For Term Of Years, W. Harold Hutchinson

Washington Law Review

This note will be limited to an exposition of the law of the state of Washington with only a brief reference to that of foreign states. Unfortunately for the prospective employee of a Washington corporation, the right to discharge him, even though employed under written contract for a term of years, is regulated by statute. The pertinent clause reads that the corporation shall have power "to appoint such officers, agents, and servants as the business of the corporation shall require, to define their powers, prescribe their duties, and to fix their compensation."


The Evidential Force Of Habit And Repute As Opposed To The Substantive Law Concerning Marriage, Burton J. Wheelon May 1926

The Evidential Force Of Habit And Repute As Opposed To The Substantive Law Concerning Marriage, Burton J. Wheelon

Washington Law Review

The Washington decisions have settled beyond a doubt that a valid marriage can not take place in this state in any manner other than that prescribed by statute. The statutes were originally enacted in 1854 and have come down to us with practically no alterations and with but few additions. As early as 1892 it was decided that the statutory requirements were mandatory, that a ceremony was essential and that common law marriages, in this state, were invalid. Thus the substantive law has become fixed.


Recent Cases, C. H. May 1926

Recent Cases, C. H.

Washington Law Review

No abstract provided.


The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin May 1926

The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin

Washington Law Review

No abstract provided.


Cases On Business Law, By Ralph Stanley And Essel Ray Dillavow, Paul P. Ashley May 1926

Cases On Business Law, By Ralph Stanley And Essel Ray Dillavow, Paul P. Ashley

Washington Law Review

No abstract provided.