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Washington Law Review

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Articles 121 - 144 of 144

Full-Text Articles in Civil Procedure

Practice And Procecdure—Rule 16—Grounds For Granting New Trial, Raymond H. Siderius Aug 1953

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 …


Rules On Appeal—Time For Filing Statement Of Facts Where Motion For New Trial Pending After Entry Of Judgment, Joanne Bailey Feb 1953

Rules On Appeal—Time For Filing Statement Of Facts Where Motion For New Trial Pending After Entry Of Judgment, Joanne Bailey

Washington Law Review

In a civil action tried to the court, judgment was entered immediately after the findings of fact were filed, and D moved for a new trial. Before the motion was ruled upon, he perfected an appeal. The motion was later denied, after which D gave a second notice of appeal. His statement of facts was served 125 days after the entry of judgment and forty-six days after the denial of the motion. P moved to strike the statement of facts, contending that the time for filing and serving the statement had expired ninety days after the date of entry of …


Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius May 1952

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 …


Injunctions—Temporary Injunction Or Temporary Restraining Order—Right To Continue In Force Pending Appeal, Roy J. Moceri Feb 1952

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 …


Procedural Progress In Washington, Milton D. Green May 1951

Procedural Progress In Washington, Milton D. Green

Washington Law Review

In writing the present article the author has in mind no more ambitious purpose than to indicate exactly what changes have been made by the new court rules in the hope that by so doing he may save the members of the bar some time, energy, and temper.


Summary Judgment, Joann R. Locke Feb 1950

Summary Judgment, Joann R. Locke

Washington Law Review

Washington procedure is noticeably defective in the lack of a device which will dispose quickly and easily of all those actions where no material issue of fact actually exists although issues are formally set up in the pleadings. The urgent need for some such device was shown recently in the case of Weyerhaeuser Sales Co. v. Holden. Plaintiff desired to end the case summarily, as he felt sure there was no defense to his action. However, his attempt to make existing procedure serve this purpose failed. All of defendant's answer except a cross-complaint had been stricken, and plaintiff had filed …


A Consideration Of The More Extended Use Of The Special Verdict, Samuel A. Driver Feb 1950

A Consideration Of The More Extended Use Of The Special Verdict, Samuel A. Driver

Washington Law Review

This discussion will cover only subdivision (a) of Rule 49 of the Federal Rules of Civil Procedure, but I feel that I should briefly distinguish it from subdivision (b), the other subdivision of the rule, since the cases reveal a surprising amount of confusion regarding them. Subdivision (a) provides that the court may require the jury to return only a special verdict in the form of special findings on each issue of fact formulated by the pleadings and the evidence. The special verdict may be in the form of either written findings or written questions, susceptible of categorical or other …


The New Federal Rules Of Civil Procedure [Part 2], Elwood Hutcheson Nov 1938

The New Federal Rules Of Civil Procedure [Part 2], Elwood Hutcheson

Washington Law Review

Continuing with Depositions and Discovery.


The New Federal Rules Of Civil Procedure [Part 1], Elwood Hutcheson Jul 1938

The New Federal Rules Of Civil Procedure [Part 1], Elwood Hutcheson

Washington Law Review

It is impossible, without unduly extending the length of this article, to discuss in detail each paragraph of the new rules, but it is our purpose: (1) briefly to survey the historical background; (2) to discuss the principal changes effected in federal procedure through adoption of these rules, and the principal points of similarity and difference between the new federal procedure and our state procedure in Washington; and (3) to consider possible improvements in our state practice which might be adopted therefrom.


Survey Of The New Federal Rules: The New Practice In The Federal Courts In Civil Cases Cognizable At Law Or In Equity, Alfred J. Schweppe Apr 1938

Survey Of The New Federal Rules: The New Practice In The Federal Courts In Civil Cases Cognizable At Law Or In Equity, Alfred J. Schweppe

Washington Law Review

A new era in federal practice, in suits of a civil nature whether cognizable as cases at law or in equity, has been ushered in by the act of Congress of June 19, 19341. Acting under the authority of this statute the Supreme Court of the United States, with the aid of a distinguished advisory committee, undertook the preparation of a "unified system of general rules for cases in equity and actions at law in the District Courts of the United States and in the Supreme Court of the District of Columbia, so as to secure one form of civil …


Report Of The Committee On Federal Rules, Charles S. Albert Jan 1938

Report Of The Committee On Federal Rules, Charles S. Albert

Washington Law Review

Since the report on the November, 1937, draft of the Federal Rules was written, the Supreme Court, through the Attorney General, submitted to Congress on January 3, 1938, that draft with two important changes advocated by the Washington State Bar Association.


Federal Court Judgment Liens, Marion Edwards May 1931

Federal Court Judgment Liens, Marion Edwards

Washington Law Review

Apparently, at the present time, the thought of lawyers on the law relating to the territorial extent of Federal Court judgment liens on real property in the states, is somewhat confused. To attribute the bewilderment to any inherent difficulty in the subject would be ungracious if not unjust. It would be fairer to ascribe it to the distractions of modern life and business, though doubtless some modicum of blame is due to that propensity so gloomily pondered by Sir Joshua Reynolds when he said, "There is no expedient to winch man will not resort to avoid the labor of thinking." …


Waiver Of Patient's Privileges, De Wolfe Emory May 1931

Waiver Of Patient's Privileges, De Wolfe Emory

Washington Law Review

It is the purpose here to discuss the circumstances under which a patient is deemed to have waived the privilege veiling commumcations made to his physician, paying more particular attention to the law on that subject as it now exists in this state, in an attempt to arrive at the every-day and practical effect of the claim of privilege upon the ascertainment of truth in the court room.


Cases On Pleading And Procedure, By Charles E. Clark (1930), Ivan W. Goodner Feb 1931

Cases On Pleading And Procedure, By Charles E. Clark (1930), Ivan W. Goodner

Washington Law Review

No abstract provided.


The Expert, By Oscar C. Mueller (1929), Alfred J. Schweppe Apr 1930

The Expert, By Oscar C. Mueller (1929), Alfred J. Schweppe

Washington Law Review

No abstract provided.


Supreme Court Rule Iii Of Pleading, Procedure And Practice—Amendments And Irregularities, E. B. Herald Jan 1930

Supreme Court Rule Iii Of Pleading, Procedure And Practice—Amendments And Irregularities, E. B. Herald

Washington Law Review

Can Rule III governing amendments and irregularities, be invoked by the Supreme Court voluntarily after the trial and after judgment of dismissal for failure of proof? In the case of Porter v. Baretiche in which the complaint was predicated upon an express contract, the action proceeded regularly to trial and resulted in judgment for the full amount claimed in favor of the plaintiff-respondent. Defendant's answer prayed for judgment of dismissal.


The New Judgment Lien Law, F. C. Hackman Jan 1930

The New Judgment Lien Law, F. C. Hackman

Washington Law Review

Among the acts passed at the recent session of the Washington legislature, and which became effective June 12, 1929, is one entitled "An Act relating to judgments, their duration, lien, assignment and satisfaction and repealing certain acts relating thereto." This act purports to be a comprehensive and complete declaration of the law upon the subject-matter set forth in the title, to apply to judgments of both state and federal courts, and to repeal existing laws relating to the matters covered by the act. The principal purpose of its enactment was to repeal the existing provisions of the code relating to …


Cases On Damages, By Judson A. Crane (1928), J. Grattan O'Bryan Jan 1930

Cases On Damages, By Judson A. Crane (1928), J. Grattan O'Bryan

Washington Law Review

No abstract provided.


Time Of Entry Of Interlocutory Decree Of Divorce As Affecting Date Of Final Decree, F. C. Hackman Jul 1928

Time Of Entry Of Interlocutory Decree Of Divorce As Affecting Date Of Final Decree, F. C. Hackman

Washington Law Review

The neglect of parties to divorce suits to file the interlocutory decree in their respective suit on the day of rendition or promptly, and, in order to remedy such omission, the procuring at some subsequent time of the entry of the interlocutory decree nue pro tune as of the date of rendition, the entry of final decrees on the last day of the period of six months which must elapse before a final decree may be lawfully entered, are practices of omission or commission common enough, and which so vitally concern the status of the parties interested, as to deserve …


Lien Of Judgments Of United States Courts In Washington, F. C. Hackman Feb 1927

Lien Of Judgments Of United States Courts In Washington, F. C. Hackman

Washington Law Review

At common law pecuniary judgments and decrees do not become a lien, in the modern sense of the term, on property of the debtor, so that that effect is a statutory creation. Therefore, whether a judgment is a lien, how made so, to what interest or estate the lien attaches, when the lien commences, how long it endures, and all other particulars must be ascertained from the statutes of the proper jurisdiction. The fixation of the force and effect of judgments and decrees of courts is an attribute of sovereignty. The United States and the several states being sovereignties, each …


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.


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.


The Scope Of Interrogatories In Washington, Thomas Phelps Gost Jr. Oct 1925

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.


The Admissibility Of Testimony Concernng Transactions With Decedents, Elwood Hutcheson Jun 1925

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.