290 P. 819 S.H. VINCENT, Respondent, v. W.W. SHIELDS, et al., Appellants. No. 22419. Department Two.The Supreme Court of Washington. August 22, 1930. [1] WATERS AND WATERCOURSES (76-1) — PUBLIC SUPPLY — DISTRICTS — ORGANIZATION — ESTOPPEL. A landowner in a water district organized under Rem. Comp. Stat., §§ 11579 to 11602, providing an assessment […]
Category: Washington Supreme Court Opinions
GREEN MT. SCH. DIST. v. DURKEE, 56 Wn.2d 154 (1960)
351 P.2d 525 GREEN MOUNTAIN SCHOOL DISTRICT NO. 103, et al., Appellants, v. R.S. DURKEE, as County Superintendent of Schools, et al., Respondents. GREEN MOUNTAIN SCHOOL DISTRICT NO. 103, et al., Appellants, v. R.S. DURKEE, as County Superintendent of Schools, et al., Respondents.[1] No. 35327.The Supreme Court of Washington. Department Two. May 2, 1960. [1] […]
SHIELEE v. HILL, 47 Wn.2d 362 (1955)
287 P.2d 479 AL SHIELEE, Appellant, v. F.A. HILL et al., Respondents.[1] No. 33115.The Supreme Court of Washington. Department One. September 8, 1955. [1] Reported in 287 P.2d 479. [1] MASTER AND SERVANT — LIABILITY FOR INJURIES TO THIRD PERSONS — ACTS OF SERVANT — SCOPE OF EMPLOYMENT. Under the rule of respondeat superior, the […]
STATE v. THOMPSON, 155 Wn.2d 1002 (2005)
122 P.3d 185 State, Respondent, v. Thompson, Petitioner. No. 75300-8.The Supreme Court of Washington. September 7, 2005. Petition for review of a decision of the Court of Appeals, No. 51327-3-I, February 9, 2004, 120 Wn. App. 1008. Denied.
MARTIN v. MARTIN, 27 Wn.2d 308 (1947)
178 P.2d 284 ROBERT H. MARTIN, Respondent, v. BEVERLY MARTIN, Appellant.[1] No. 30082.The Supreme Court of Washington. Department Two. March 7, 1947. [1] Reported in 178 P.2d 284. [1] DIVORCE — CUSTODY OF CHILDREN — FITNESS OF MOTHER — EVIDENCE — SUFFICIENCY. On an issue in divorce proceedings as to the custody of the three-year-old […]
ERICKSON v. ROSSI, 65 Wn.2d 155 (1964)
396 P.2d 170 LEO E. ERICKSON, Respondent, v. FRANK ROSSI et al., Appellants.[*] No. 37058.The Supreme Court of Washington. Department Two. October 29, 1964. [*] Reported in 396 P.2d 170. [1] Automobiles — Host and Guest — Payment — Evidence. In an action under the host-guest statute, there was insufficient showing of “payment for such […]
STATE EX REL. FINANCE COM. v. YELLE, 33 Wn.2d 940 (1949)
207 P.2d 730 THE STATE OF WASHINGTON, on the Relation of the State Finance Committee, Plaintiff, v. CLIFF YELLE, as State Auditor, Respondent.[1] No. 31052.The Supreme Court of Washington. En Banc. June 24, 1949. [1] Reported in 207 P.2d 730. [1] MUNICIPAL CORPORATIONS — HOSPITALS — PUBLIC HOSPITAL DISTRICTS — PUBLIC DEBTS AND SECURITIES — […]
BROWN v. SAFEWAY STORES, 94 Wn.2d 359 (1980)
617 P.2d 704 BERNARD BROWN, ET AL, Appellants, v. SAFEWAY STORES, INC., Respondent. No. 46897.The Supreme Court of Washington. En Banc. September 25, 1980. [1] Motions — Notice — Noncompliance With Rule — Effect. Unless prejudice is shown, a ruling will not be reversed for failure to comply with the requirement of CR 6(d) that […]
FELTHOUSE CO. v. BRESNAHAN, 145 Wn. 548 (1927)
260 P. 1075 J.C. FELTHOUSE COMPANY, Respondent, v. B.F. BRESNAHAN et al., Appellants. No. 20858. Department Two.The Supreme Court of Washington. November 22, 1927. [1] LIMITATION OF ACTIONS (83) — PLEADING — MATTERS AVOIDING BAR — DISCOVERY OF FRAUD. Where an answer to a cross-complaint on the ground of fraud alleged that the cross-complaint had […]
MIRGON v. SHERK, 196 Wn. 690 (1938)
84 P.2d 362 C. MIRGON, Appellant, v. HARVEY R. SHERK, Respondent, MYRTLE SHERK, Defendant. No. 27205. Department Two.The Supreme Court of Washington. November 16, 1938. [1] USURY — NATURE OF USURY. Under the laws of this state, interest in excess of twelve per cent per annum is usurious. [2] CONTRACTS — USURY — WHAT LAW […]
STATE v. ROBINSON, 136 Wn.2d 1013 (1998)
966 P.2d 1278 State, Respondent, v. Robinson, Petitioner. No. 66758-6.The Supreme Court of Washington. September 30, 1998. Petition for review of a decision of the Court of Appeals, December 8, 1997, 89 Wn. App. 56. Granted September 30, 1998.
HELLBERG v. COFFIN SHEEP CO., 66 Wn.2d 664 (1965)
404 P.2d 770 OTTO HELLBERG et al., Respondents, v. COFFIN SHEEP COMPANY et al., Appellants.[*] No. 37283The Supreme Court of Washington. Department One. July 22, 1965. [*] Reported in 404 P.2d 770. [1] Easements — Creation — Condemnation — Policy. The right granted by RCW 8.24.010 to the owner or one entitled to the beneficial […]
ROCKEFELLER v. LANDAU ET AL., 163 Wn.2d 1015 (2008)
180 P.3d 195 Rockefeller, Petitioner, v. Landau et al., Respondents. No. 80351-0.The Supreme Court of Washington. April 1, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 56567-2-I, February 26, 2007, 137 Wn. App. 1021. Denied. Page 1016
STATE v. RUSSELL, 73 Wn.2d 903 (1968)
442 P.2d 988 THE STATE OF WASHINGTON, Respondent, v. WAYNE RUSSELL, Appellant.[*] No. 39071.The Supreme Court of Washington. En Banc. May 29, 1968. [*] Reported in 442 P.2d 988. [1] Criminal Law — Elements of Crime — Willfulness. “Willful,” when used in criminal statutes generally relates to an act or omission done intentionally, deliberately, and/or […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 100 Wn.2d 1036 (1983)
The Supreme Court of Washington. State, Respondent, v. Rollins, Pepitioner, No. 50086-0. Petition for review of a decision of the Court of Appeals, October 4, 1983, 35 Wn. App. 1057. Denied January 6, 1984. Miller, Petitioner, v. Port of Ilwaco, et al, Respondents, No. 50087-8. Petition for review of a decision of the Court of […]
AALL v. RIVERSIDE IRRIGATION DISTRICT, 157 Wn. 442 (1930)
289 P. 22 NICOLAI AALL, Appellant, v. RIVERSIDE IRRIGATION DISTRICT, Respondent. No. 22318. Department One.The Supreme Court of Washington. June 17, 1930. [1] LIMITATION OF ACTIONS (15, 17) — ORAL CONTRACTS — PARTLY IN WRITING — MINUTES OF BOARD OF DIRECTORS. The employment of an engineer by an irrigation district, evidenced by no writing other […]
QUALLEY v. SNOQUALMIE VALLEY BANK, 136 Wn. 42 (1925)
238 P. 915 ANDREW QUALLEY et al., Respondents, v. SNOQUALMIE VALLEY BANK et al., Appellants. JOHN JOYCE, Appellant, v. ANDREW QUALLEY et al., Respondents. No. 19225. Department Two.The Supreme Court of Washington. September 1, 1925. PLEDGES (3) — DELIVERY AND POSSESSION — ESCROW AGREEMENT — CONSTRUCTION. There was no pledge of collateral, for want of […]
AMES v. DEPT. OF LABOR INDUSTRIES, 193 Wn. 215 (1938)
74 P.2d 1027 CLARENCE E. AMES, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent. No. 26519. En Banc.The Supreme Court of Washington. January 10, 1938. [1] MASTER AND SERVANT — WORKMEN’S COMPENSATION — CAUSE OF DISABILITY — EVIDENCE — SUFFICIENCY. An employee in extrahazardous employment, who sustained a severe blow which totally disabled him […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 111 Wn.2d 1019 (1988)
The Supreme Court of Washington. State, Respondent, v. Bailey, Petitioner, No. 55481-1. Petition for review of a decision of the Court of Appeals, July 20, 1988, 52 Wn. App. 42. Granted November 1, 1988. Piper, Respondent, v. Suchy, et al, Petitioners, No. 55391-2. Petition for review of a decision of the Court of Appeals, April […]
BARNETT v. BULL, 141 Wn. 139 (1926)
250 P. 955 JOSEPH BARNETT, Respondent, v. R.E. BULL et al., Appellants. No. 20125. Department Two.The Supreme Court of Washington. December 2, 1926. [1] EVIDENCE (101) — DECLARATIONS — ADMISSIONS AGAINST INTEREST. In an action for damages through a tri-party automobile collision, in which each of the parties claimed damages from the other two, it […]
STATE v. HUGHES, 166 Wn.2d 675 (2009)
212 P.3d 558 THE STATE OF WASHINGTON, Respondent, v. RAYMOND CARL HUGHES, Petitioner. No. 81270-5.The Supreme Court of Washington.Argued May 7, 2009. Decided July 23, 2009. Page 676 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 677 Appeal from the Superior Court […]
STATES v. JONES, 130 Wn.2d 302 (1996)
922 P.2d 806 THE STATE OF WASHINGTON, Respondent, v. WILLIAM MARLIN JONES, Appellant. No. 62317-1The Supreme Court of Washington. En Banc.Argued November 16, 1995. Decided September 19, 1996. Page 303 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 304 Appeal from the […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 87 Wn.2d 1014 (1976)
The Supreme Court of Washington. State, Respondent, v. Harrington, Petitioner, No. 44395. Petition for review of a decision of the Court of Appeals, June 10, 1976, 15 Wn. App. 1023. Denied December 14, 1976. State, Respondent, v. Foster, Respondent, Allgood, Defendant, Williams, Petitioner, No. 44397. Petition for review of a decision of the Court of […]
McGUIRE v. BEAN, 151 Wn. 474 (1929)
276 P. 555 FRANK L. McGUIRE et al., Appellants, v. C.O. BEAN et al., Respondents. No. 21678. Department One.The Supreme Court of Washington. April 11, 1929. [1] TAXATION (154) — FORECLOSURE OF LIEN — PROCESS — DESIGNATION OF OWNER. In a general county tax foreclosure it is immaterial that the name of the record owner […]
STATE v. PARKER, 132 Wn.2d 182 (1997)
937 P.2d 575 THE STATE OF WASHINGTON, Respondent, v. LARRY D. PARKER, Petitioner. No. 64304-1.The Supreme Court of Washington. En Banc.Argued March 12, 1997. Decided May 22, 1997. Page 183 Appeal from the Superior Court for Skagit County, No. 92-1-00446-1, George E. McIntosh, J., on February 18, 1994. Page 184 Nielsen Acosta, by Jonathan T. […]
TEEL v. CASCADE-OLYMPIC CONSTR. CO., 68 Wn.2d 718 (1966)
415 P.2d 73 LOUISE E. TEEL, as Executrix, et al., Respondents, v. CASCADE-OLYMPIC CONSTRUCTION COMPANY, Appellant.[*] No. 38115.The Supreme Court of Washington. Department One. June 9, 1966. [*] Reported in 415 P.2d 73. [1] Contracts — Accord and Satisfaction — Nature — Effect. Accord and satisfaction is based on the law of contracts, and when […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 92 Wn.2d 1001 (1979)
The Supreme Court of Washington. State, Respondent, v. King, Petitioner, No. 46061. Petition for review of a decision of the Court of Appeals, January 3, 1979, 22 Wn. App. 330. Granted April 20, 1979. State, Respondent, v. Petrich, Petitioner, No. 46030. Petition for review of a decision of the Court of Appeals, August 14, 1978, […]
CASEY v. MURPHY, 143 Wn. 17 (1927)
253 P. 1078 P.H. CASEY, Respondent, v. JOSEPH MURPHY, Appellant. No. 20276. Department One.The Supreme Court of Washington. March 17, 1927. [1] ACTIONS (29) — PREMATURE COMMENCEMENT. Where a contract to pay a broker’s commission was repudiated by a positive refusal to perform before performance was due, there is such a breach that action brought […]
STATE EX REL. O’CONNELL v. YELLE, 51 Wn.2d 620 (1958)
320 P.2d 1086 THE STATE OF WASHINGTON, on the Relation of John J. O’Connell, as Attorney General, Plaintiff, v. CLIFF YELLE, as State Auditor, Respondent.[1] No. 34449.The Supreme Court of Washington. En Banc. January 23, 1958. [1] Reported in 320 P.2d 1086. [1] MANDAMUS — COURTS — ORIGINAL JURISDICTION — MANDAMUS AS TO STATE OFFICERS […]
MORRIS v. UNION HIGH SCHOOL DISTRICT, 160 Wn. 121 (1931)
294 P. 998 GEORGE M. MORRIS, Appellant, v. UNION HIGH SCHOOL DISTRICT A, Respondent. No. 22686. Department One.The Supreme Court of Washington. January 5, 1931. [1] SCHOOLS AND SCHOOL DISTRICTS (29-1) — LIABILITY — TORTS — NEGLIGENCE OF OFFICER. A school district is liable for injuries sustained by a student in a football game, where […]
STATE v. STEIK, 161 Wn. 194 (1931)
296 P. 546 THE STATE OF WASHINGTON, Respondent, v. HERMAN STEIK, Appellant. No. 22818. Department One.The Supreme Court of Washington. March 6, 1931. [1] WITNESSES (80, 110) — CREDIBILITY — INTEREST AND BIAS — UNFRIENDLY FEELING TOWARD PARTY — DISCRETION. Error cannot be assigned on unduly limiting the cross-examination of a witness to show bias […]
STATE v. POWERS, 152 Wn. 155 (1929)
277 P. 377 THE STATE OF WASHINGTON, Respondent, v. ROY POWERS, Appellant. No. 21575. Department One.The Supreme Court of Washington. May 9, 1929. [1] CRIMINAL LAW (452) — APPEAL — HARMLESS ERROR — INSTRUCTIONS. Failure to charge the jury on the subject of forcible rape is not prejudicial to the accused, where the information charged […]
STATE v. THOMPSON, 156 Wn.2d 1021 (2006)
132 P.3d 735 State, Respondent, v. Thompson, Petitioner. No. 77441-2.The Supreme Court of Washington. March 8, 2006. Petition for review of a decision of the Court of Appeals, No. 22384-1-III, July 12, 2005, 128 Wn. App. 1038. Denied.
WHITE v. STATE, 131 Wn.2d 1 (1997)
929 P.2d 396 JUDY C. WHITE, Petitioner, v. THE STATE OF WASHINGTON, ET AL., Respondents. No. 63500-5.The Supreme Court of Washington. En Banc.Argued June 25, 1996. Decided January 9, 1997. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 3 MADSEN […]
SHEANE AUTO CO. v. WILLIAMS, 143 Wn. 352 (1927)
255 P. 147 W.W. SHEANE AUTO COMPANY, Respondent, v. C.E. WILLIAMS et al., Appellants. No. 20193. Department One.The Supreme Court of Washington. April 18, 1927. [1] JURY (4) — RIGHT TO JURY — EQUITABLE ACTIONS. It is not error to deny a jury trial in an action commenced as an action at law upon a […]
ROYSE v. ROYSE, 163 Wn.2d 1059 (2008)
In re Dependency of Royse et al. Dep’t of Soc. Health Servs., Respondent, v. Royse, Petitioner. No. 80760-4.The Supreme Court of Washington. July 10, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, Nos. 57550-3-I, 57551-1-I, 57552-0-I, and 57553-8-I, July […]
DEPRE v. PACIFIC COAST FORGE CO., 145 Wn. 263 (1927)
259 P. 720 ANDREW DEPRE, Appellant, v. PACIFIC COAST FORGE COMPANY, Respondent. No. 20508. Department One.The Supreme Court of Washington. October 4, 1927. [1] EVIDENCE (16) — JUDICIAL NOTICE — ADMINISTRATIVE RULES AND REGULATIONS. The courts will take judicial notice that the contraction of tuberculosis, through gases and vapors in a servant’s working place, has […]
SUMNER v. FIRST BAPTIST CHURCH, 97 Wn.2d 1 (1982)
639 P.2d 1358 THE CITY OF SUMNER, Respondent, v. THE FIRST BAPTIST CHURCH OF SUMNER, ET AL, Appellants. No. 47096-1.The Supreme Court of Washington. En Banc. February 4, 1982. [1] Schools and School Districts — Constitutional Law — Freedom of Religion — Parochial Schools — Right To Attend. Parents have a fundamental right under the […]
STATE EX. REL. WASH. NAV. CO. v. PIERCE COUNTY, 184 Wn. 414 (1935)
51 P.2d 407 THE STATE OF WASHINGTON, on the Relation of Washington Navigation Company, Appellant, v. PIERCE COUNTY et al., Respondents. No. 25933. En Banc.The Supreme Court of Washington. November 14, 1935. [1] FERRIES (1) — MAINTENANCE AND CONTROL OF FERRIES. The public service act of 1911 not having repealed or supplanted the early ferry […]
PARSONS v. DEP’T OF SOC. HEALTH SERVS., 157 Wn.2d 1004 (2006)
136 P.3d 759 Parsons et al., Petitioners, v. Dep’t of Soc. Health Servs. et al., Respondents. No. 77824-8.The Supreme Court of Washington. May 31, 2006. Petition for review of a decision of the Court of Appeals, No. 55702-5-I, August 29, 2005, 129 Wn. App. 293. Denied. Page 1005
SEABOARD SECURITIES CO., INC. v. BERG, 177 Wn. 203 (1934)
31 P.2d 503 SEABOARD SECURITIES CO., INC., Respondent and Cross-appellant, v. STEPHEN BERG, Defendant, INTERNATIONAL INDUSTRIAL SECURITIES CORPORATION, Appellant. No. 24872. Department Two.The Supreme Court of Washington. April 9, 1934. [1] REPLEVIN (36, 48) — DAMAGES — DEPRECIATION — ALTERNATIVE JUDGMENT — VALUE OF PROPERTY — TIME OF ASCERTAINMENT. In replevin, plaintiff is entitled to […]
SNOHOMISH CY. v. SEATTLE DISPOSAL CO., 70 Wn.2d 668 (1967)
425 P.2d 22 SNOHOMISH COUNTY, Appellant, v. SEATTLE DISPOSAL COMPANY et al., Respondents.[*] No. 38550.The Supreme Court of Washington. En Banc. March 9, 1967. [*] Reported in 425 P.2d 22. [1] Indians — State Jurisdiction — Reservation Land — Restriction on Alienation. A parcel of land within an Indian reservation was “subject to a restriction […]
STATE v. PRICE, 169 Wn.2d 1021 (2010)
State, Respondent, v. Price, Petitioner. No. 84374-1.The Supreme Court of Washington. September 8, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 63814-9-1, October 12, 2009, 154 Wn. App. 480. Denied.
IN RE PHILLIPS’ ESTATE, 46 Wn.2d 1 (1955)
278 P.2d 627 In the Matter of the Estate of S. WARD PHILLIPS, Deceased. In the Matter of the Partnership Estate of S. WARD PHILLIPS, Deceased. BETTY LOUISE THURBER et al., Respondents, v. R.H. PHILLIPS, Individually and as Administrator, et al., Appellants.[1] No. 32812.The Supreme Court of Washington. Department Two. January 6, 1955. [1] Reported […]
STATE v. WOOD, 89 Wn.2d 97 (1977)
569 P.2d 1148 THE STATE OF WASHINGTON, Respondent, v. ROY C. WOOD, Appellant. No. 44739.The Supreme Court of Washington. En Banc. September 29, 1977. [1] Appeal and Error — Assignments of Error — Argument — Citation of Authority — Necessity. An appellate court will not consider any assignments of error which are not supported by […]
PEASE v. STEPHENS, 173 Wn. 12 (1933)
21 P.2d 294 LeROY PEASE, Appellant, v. C.D. STEPHENS et al., Respondents. No. 24373. Department One.The Supreme Court of Washington. April 21, 1933. [1] MORTGAGES (221, 223) — FORECLOSURE — SALE — POSSESSION DURING PERIOD OF REDEMPTION — RENTS AND PROFITS. Liberally construing Rem. Rev. Stat., § 602, as an exemption law, the last proviso, […]
McLEOD v. KJOS, 150 Wn. 637 (1929)
274 P. 180 LAURA McLEOD, Respondent, v. O.A. KJOS et al., Appellants. No. 21493. Department Two.The Supreme Court of Washington. February 7, 1929. [1] MUNICIPAL CORPORATIONS (383) — USE OF STREETS. A pedestrian is guilty of contributory negligence, as a matter of law, in crossing a street to board a street car, in broad daylight […]
STATE v. NELSON, 63 Wn.2d 188 (1963)
386 P.2d 142 THE STATE OF WASHINGTON, Respondent, v. HENRY STEPHEN NELSON, Appellant.[*] No. 36482.The Supreme Court of Washington. Department Two. October 31, 1963. [*] Reported in 386 P.2d 142. [1] Criminal Law — Trial — Waiver of Error — Sufficiency of Evidence. Any error resulting from the denial of a defendant’s challenge to the […]
TOLLI v. SCHOOL DIST. OF WHITMAN CY., 66 Wn.2d 494 (1965)
403 P.2d 356 MARJORIE TOLLI, Respondent, v. SCHOOL DISTRICT NO. 267 OF WHITMAN COUNTY, Appellant.[*] No. 37755.The Supreme Court of Washington. Department Two. June 17, 1965. [*] Reported in 403 P.2d 356. [1] Damages — Measure of Damages — Determination. Determination of the amount of an award for damages for personal injuries is a matter […]
RUSTUEN v. APRO, 40 Wn.2d 395 (1952)
243 P.2d 479 ERNEST RUSTUEN, Respondent, v. STEPHAN APRO et al., Appellants.[1] No. 31841.The Supreme Court of Washington. Department Two. April 24, 1952. [1] Reported in 243 P.2d 479. [1] SALES — EXISTENCE OF CONTRACT — EVIDENCE — SUFFICIENCY. In an action to recover money paid pursuant to negotiations for the sale of a restaurant, […]
IN RE BUTLER, 110 Wn.2d 95 (1988)
750 P.2d 641 In the Matter of the Disciplinary Proceeding Against ROBERT L. BUTLER, an Attorney at Law. No. C.D. 4785.The Supreme Court of Washington. En Banc. February 25, 1988. [1] Attorney and Client — Discipline — Reinstatement — Special Circumstances — Consideration. In considering an attorney’s reinstatement after disbarment for conviction of a felony, […]
BOYLES v. RETIREMENT BOARD, 100 Wn.2d 313 (1983)
669 P.2d 465 RICHARD E. BOYLES, Respondent, v. WASHINGTON LAW ENFORCEMENT OFFICERS’ AND FIRE FIGHTERS’ RETIREMENT BOARD, Petitioner. No. 49085-6.The Supreme Court of Washington. En Banc. September 15, 1983. [1] Sheriffs — Pensions — Disability — Loss of Election — Reversion to Former Position — Effect. Once an elected sheriff is defeated in a bid […]
EDMONDS v. LONGVIEW, PORTLAND N.R. CO., 137 Wn. 254 (1926)
242 P. 19 R.M. EDMONDS, Appellant, v. LONGVIEW, PORTLAND NORTHERN RAILWAY COMPANY, Respondent. No. 19461. Department One.The Supreme Court of Washington. January 8, 1926. [1] TRIAL (31) — RECEPTION OF EVIDENCE — REOPENING CASE FOR FURTHER EVIDENCE. In an action for negligence in the manner of constructing a railway across plaintiff’s holdings, it is an […]
STATE v. SANG VAN NGUYEN, 163 Wn.2d 1006 (2008)
180 P.3d 784 State, Respondent, v. Sang Van Nguyen, Petitioner. No. 80273-4.The Supreme Court of Washington. March 5, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 34867-5-II, May 15, 2007, 138 Wn. App. 1042. Denied.
IN RE HOME SAVINGS LOAN ASSOCIATION, 165 Wn. 351 (1931)
5 P.2d 511 In the Matter of the Receivership of HOME SAVINGS AND LOAN ASSOCIATION; HOME SAVINGS AND LOAN ASSOCIATION, Appellant, H.C. JOHNSON, Receiver, Respondent. WILLIAM F. ECKART et al., Appellants, v. HOME SAVINGS AND LOAN ASSOCIATION et al., Respondents. No. 23521. En Banc.The Supreme Court of Washington. November 27, 1931. [1] BUILDING AND LOAN […]
YOCKEY v. DEPT. OF LABOR IND., 21 Wn.2d 171 (1944)
150 P.2d 680 D.W. YOCKEY, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.[1] No. 29285.The Supreme Court of Washington. Department One. July 18, 1944. [1] Reported in 150 P.2d 680. [1] WORKMEN’S COMPENSATION — AMOUNT OF COMPENSATION — PERMANENT PARTIAL DISABILITY — UNSPECIFIED INJURIES. Under Rem. Rev. Stat., § 7679 (f), the maximum amount […]
MITHOUG v. APOLLO RADIO, 128 Wn.2d 460 (1996)
909 P.2d 291 JOYCE ELAINE MITHOUG, ET AL., Petitioners, v. APOLLO RADIO OF SPOKANE, ET AL., Respondents. No. 63235-9.The Supreme Court of Washington. En Banc. January 18, 1996. Page 461 Kain, Snow Staeheli, by Gregory G. Staeheli, for petitioners. Short, Cressman Burgess, by Bryan P. Collucio, for respondents. PER CURIAM. Joyce Mithoug and Maria Madrid […]
EVANS v. LAURIN, 70 Wn.2d 72 (1966)
422 P.2d 319 MARY EVANS, Respondent, v. MARTHA LAURIN, Individually and as Executrix, Appellant.[*] No. 38477.The Supreme Court of Washington. Department One. December 29, 1966. [*] Reported in 422 P.2d 319. [1] Contracts — Wills — Contracts to Devise — Facts Determinative. Cases involving contracts for transfer of property upon death in return for personal […]
STATE v. GASSMAN, 172 Wn.2d 1002 (2011)
257 P.3d 666 State, Respondent, v. Gassman, Petitioner. No. 85886-1.The Supreme Court of Washington. August 8, 2011. Petition for review of a decision of the Court of Appeals, No. 28194-9-III, March 15, 2011, 160 Wn. App. 600. Disposition of Petition for Review and Selected Motions for Discretionary Review Denied.
DAVIS v. FALCONER, 159 Wn. 230 (1930)
292 P. 424 ANNE DAVIS, Respondent, v. G.L. FALCONER et al., Appellants. No. 22592. Department One.The Supreme Court of Washington. November 3, 1930. [1] JURY (17, 20) — JURY TRIAL — DEMAND — WAIVER OF RIGHT. Rem. Comp. Stat., § 316, providing that a jury trial “shall” be deemed waived unless demand is made and […]
JOLLY v. FOSSUM, 63 Wn.2d 537 (1964)
388 P.2d 139 CLARENCE M. JOLLY, Respondent, v. LLOYD A. FOSSUM et al., Appellants. CLARENCE M. JOLLY, Respondent, v. VALLEY PUBLISHING COMPANY et al., Appellants.[*] No. 36603.The Supreme Court of Washington. Department Two. January 9, 1964. [*] Reported in 388 P.2d 139. [1] Libel and Slander — Malice. The word “malice” may refer to any […]
SCANNELL v. STATE BAR ASSOC., 166 Wn.2d 1039 (2008)
Scannell et al., Petitioners, v. State Bar Association Disciplinary Committee et al., Respondents. No. 83205-6.The Supreme Court of Washington. September 30, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 60623-9-I, April 10, 2009. Denied.
GACHES v. DAW, 168 Wn. 162 (1932)
10 P.2d 1111 CHARLES E. GACHES et al., Respondents, v. HARRY DAW et al., Appellants. No. 23454. Department Two.The Supreme Court of Washington. May 9, 1932. [1] HIGHWAYS (53-1, 58) — NEGLIGENT USE — ACTIONS FOR INJURIES — CONTRIBUTORY NEGLIGENCE — SUDDEN PERIL — QUESTION FOR JURY. The driver of an automobile at night is […]
MENTZER v. MENTZER BROS. LUM. CO., 155 Wn. 417 (1930)
284 P. 749 T.F. MENTZER, Respondent, v. MENTZER BROTHERS LUMBER COMPANY et al., Appellants. No. 21880. Department One.The Supreme Court of Washington. February 4, 1930. [1] PARTNERSHIP (87) — ACCOUNTING — NATURE AND SCOPE OF REMEDY. In an action between brothers for an accounting of their partnership transactions and liabilities and interests in a mill […]
STATE v. OLMSTED, 70 Wn.2d 116 (1966)
422 P.2d 312 THE STATE OF WASHINGTON, Respondent, v. ROLAND LeROY OLMSTED, Appellant.[*] No. 38667.The Supreme Court of Washington. Department One. December 29, 1966. [*] Reported in 422 P.2d 312. [1] Criminal Law — Plea of Guilty — Withdrawal — Discretion of Court. There is no constitutional right to withdraw a plea of guilty and […]
LYDON v. EXCHANGE NATIONAL BANK, 140 Wn. 317 (1926)
248 P. 806 MATTIE E. LYDON, Appellant, v. EXCHANGE NATIONAL BANK, Respondent. No. 19884. Department Two.The Supreme Court of Washington. August 30, 1926. [1] APPEAL (129) — PRESERVATION OF GROUNDS — INSTRUCTIONS — FAILURE TO REQUEST. In the absence of any request therefor, error cannot be assigned upon the failure of the court to instruct […]
STATE v. CARNEY, 152 Wn.2d 1032 (2004)
State, Respondent, v. Carney, Petitioner. No. 75428-4.The Supreme Court of Washington. November 30, 2004. Petition for review of a decision of the Court of Appeals, No. 51508-0-I, March 22, 2004, 120 Wn. App. 1054. Denied.
REHBERGER v. DEPT. OF LABOR AND INDUSTRIES, 154 Wn. 659 (1929)
283 P. 185 FRED REHBERGER, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES, Appellant. No. 22087. Department One.The Supreme Court of Washington. December 17, 1929. [1] MASTER AND SERVANT (121-2) — TRIAL (89) — WORKMEN’S COMPENSATION — INCONSISTENT INSTRUCTIONS. Upon an issue as to whether a workman’s prior injury amounted to a permanent partial disability, or […]
BREWER v. BERNER, 15 Wn.2d 644 (1942)
131 P.2d 940 HAZEL BREWER et al., Appellants, v. HARRY PAUL BERNER, JR., et al., Respondents.[1] No. 28849.The Supreme Court of Washington. Department Two. December 16, 1942. [1] Reported in 131 P.2d 940. [1] AUTOMOBILES — LIABILITY FOR INJURIES — ACCIDENTS AT INTERSECTIONS — NEGLIGENCE AND CONTRIBUTORY NEGLIGENCE — QUESTIONS FOR JURY. In an automobile […]
HILL v. DEP’T OF LABOR INDUS., 172 Wn.2d 1008 (2011)
259 P.3d 1108 Hill, Petitioner v. Dep’t of Labor Indus., Respondent. The Supreme Court of Washington. No. 86014-9. September 6, 2011. Petition for review of a decision of the Court of Appeals, No. 40394-3-II, April 13, 2011, 161 Wn. App. 286. Denied.
STATE v. CORDERO, 36 Wn.2d 846 (1950)
221 P.2d 472 THE STATE OF WASHINGTON, Appellant, v. RALPH CORDERO, Respondent.[1] No. 31275.The Supreme Court of Washington. Department One. July 25, 1950. [1] Reported in 221 P.2d 472. [1] TRIAL — TAKING CASE FROM JURY — SUFFICIENCY OF EVIDENCE — HEARING AND DETERMINATION. A challenge to the sufficiency of the evidence, a motion for […]
CHAMBERS v. KIRKPATRICK, 142 Wn. 630 (1927)
254 P. 1074 CLARENCE C. CHAMBERS, Appellant, v. LINDSEY E. KIRKPATRICK et al., Respondents. No. 20168. Department Two.The Supreme Court of Washington. March 10, 1927. [1] FRAUDS, STATUTE OF (20) — REAL PROPERTY — CONTRACTS FOR A BROKER’S COMMISSION. Rem. Comp. Stat., § 5825, providing that a contract authorizing or employing an agent or broker […]
STATE v. SALAS, 127 Wn.2d 173 (1995)
897 P.2d 1246 THE STATE OF WASHINGTON, Petitioner, v. EFRAIN SALAS, Respondent. No. 61889-5.The Supreme Court of Washington. En Banc. June 29, 1995. Page 174 PEKELIS, J., did not participate in the disposition of this case. John Knodell, Prosecuting Attorney, and Jerald R. Hamley, Deputy, for petitioner. Paul J. Wasson, for respondent (appointed counsel for […]
BARFIELD v. ESTATE OF BARFIELD, 150 Wn.2d 1028 (2004)
Barfield, Petitioner, v. Estate of Barfield, et al., Respondents. No. 74218-9.The Supreme Court of Washington. En Banc. January 7, 2004. Petition for review of a decision of the Court of Appeals, No. 51884-4-I, May 12, 2003, 116 Wn. App. 1072. Denied. Page 1029
REED v. NATIONAL GROCERY CO., 136 Wn. 7 (1925)
238 P. 990 DELLA J. REED, Respondent, v. NATIONAL GROCERY COMPANY, Appellant. No. 19192. Department One.The Supreme Court of Washington. August 31, 1925. PLEADING (27) — COMPLAINT — THEORY AND FORM OF ACTION. Objection cannot be made to the form or theory of the complaint, which was an affidavit filed in another proceeding, where at […]
STATE v. WOODY, 73 Wn.2d 179 (1968)
437 P.2d 167 THE STATE OF WASHINGTON, Respondent, v. EARL WOODY, Appellant.[*] No. 39384.The Supreme Court of Washington. Department One. February 8, 1968. [*] Reported in 437 P.2d 167. [1] Criminal Law — Trial — Taking Case From Jury — Sufficiency of Evidence. A challenge to the sufficiency of the evidence admits the truth of […]
ALLEN v. ASBESTOS CORP., 162 Wn.2d 1022 (2008)
178 P.3d 1033 Allen, Respondent, v. Asbestos Corp. et al., Defendants, Uniroyal, Inc., Petitioner. No. 80189-4.The Supreme Court of Washington. February 6, 2008. Petition for review of a decision of the Court of Appeals, No. 57723-9-I, February 12, 2007, 138 Wn. App. 564. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
HOBBA v. POSTAL TELEGRAPH-CABLE CO., 19 Wn.2d 102 (1943)
141 P.2d 648 R.C. HOBBA et al., Respondents, v. POSTAL TELEGRAPH-CABLE COMPANY, Appellant.[1] No. 28972.The Supreme Court of Washington. En Banc. September 27, 1943. [1] Reported in 141 P.2d 648. [1] TRIAL — WAIVER OF ERRORS — RULINGS AS TO SUFFICIENCY OF EVIDENCE — DISMISSAL OR NONSUIT. The defendant cannot predicate error upon the denial […]
ALLEN v. B.F. GOODRICH CO., 67 Wn.2d 587 (1965)
408 P.2d 900 LOUIS S. ALLEN, Respondent, v. THE B.F. GOODRICH CO., Appellant.[*] No. 37908.The Supreme Court of Washington. Department One. December 9, 1965. [*] Reported in 408 P.2d 900. [1] Appeal and Error — Trial — Conduct of Counsel — Exhibits Not in Evidence. A party may not complain of alleged misconduct of opposing […]
STATE v. McVEIGH, 35 Wn.2d 493 (1950)
214 P.2d 165 THE STATE OF WASHINGTON, Respondent, v. FRANK M. McVEIGH, Appellant.[1] No. 31033.The Supreme Court of Washington. Department One. January 18, 1950. [1] Reported in 214 P.2d 165. [1] CRIMINAL LAW — TRIAL — VIEW OF PREMISES BY JURY. The purpose of permitting the jury to view the premises involved in any case […]
COUNTY OF SKAMANIA v. STATE, 102 Wn.2d 127 (1984)
685 P.2d 576 THE COUNTY OF SKAMANIA, ET AL, Respondents, v. THE STATE OF WASHINGTON, ET AL, Appellants. No. 49799-1.The Supreme Court of Washington. En Banc. June 28, 1984. [1] Statutes — Validity — Presumption — Burden of Proof. A party challenging the validity of a statute has a heavy burden of overcoming the presumption […]
GILLMER v. DEPT. LABOR IND., 42 Wn.2d 387 (1953)
255 P.2d 899 CLIFTON L. GILLMER, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES et al., Respondents.[1] No. 32220.The Supreme Court of Washington. Department One. April 10, 1953. [1] Reported in 255 P.2d 899. [1] WORKMEN’S COMPENSATION — PROCEEDINGS TO PROCURE — AGGRAVATION OF DISABILITY — EVIDENCE — SUFFICIENCY. Even though there was no appeal […]
IN RE ROSIER, 105 Wn.2d 606 (1986)
717 P.2d 1353 In the Matter of GORDON ROSIER. SNOHOMISH COUNTY, ET AL, Appellants, v. PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, Respondent. Nos. 50589-6, 50728-7.The Supreme Court of Washington. En Banc. April 10, 1986. [1] Open Government — Public Disclosure — Statutory Provisions — Purpose. The purpose of the public disclosure act (RCW […]
IN RE DET. OF STRAND., 163 Wn.2d 1022 (2008)
In re Det. of Strand. No. 80570-9.The Supreme Court of Washington. April 30, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 34442-4-II, July 31, 2007, 139 Wn. App. 904. Granted on limited issues.
NORTHERN COMMERCIAL CO. v. KING CY., 63 Wn.2d 639 (1964)
388 P.2d 546 NORTHERN COMMERCIAL COMPANY, Appellant, v. KING COUNTY et al., Respondents.[*] No. 36719.The Supreme Court of Washington. En Banc. January 23, 1964. [*] Reported in 388 P.2d 546. [1] Taxation — Assessment — Stocks of Merchandise — Alternate Methods. The proviso of RCW 84.40.020, viz., that a taxpayer’s assessment shall be based upon […]
STATE v. CARPENTER, 94 Wn.2d 690 (1980)
619 P.2d 697 THE STATE OF WASHINGTON, Respondent, v. MARTIN R. CARPENTER, Petitioner. No. 46817.The Supreme Court of Washington. En Banc. November 20, 1980. [1] Criminal Law — Trial — Time of Trial — Delayed Arraignment — Effect. Under former CrR 3.3, which provided that the speedy trial period began on the date of the […]
STATE v. HOWDESHELL, 161 Wn.2d 1015 (2007)
171 P.3d 1056 State, Respondent, v. Howdeshell, Petitioner. No. 76459-0.The Supreme Court of Washington. October 2, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 52285-0-I, November 22, 2004, 124 Wn. App. 1018. Denied.
ELLEFSEN v. WILT, 36 Wn.2d 56 (1950)
217 P.2d 318 GEORGE E. ELLEFSEN et al., Appellants, v. SINCLAIR B. WILT et al., Respondents.[1] No. 31218.The Supreme Court of Washington. En Banc. March 30, 1950. [1] Reported in 217 P.2d 318. [1] AUTOMOBILES — LIABILITY FOR INJURIES TO PEDESTRIANS — NEGLIGENCE — EVIDENCE — SUFFICIENCY. In an action for the wrongful death of […]
STATE v. KENYON, 123 Wn.2d 720 (1994)
871 P.2d 144 THE STATE OF WASHINGTON, Respondent, v. JASON LAWRENCE KENYON, Petitioner. No. 60329-4.The Supreme Court of Washington. En Banc. March 31, 1994. [1] Constitutional Law — Construction — State and Federal Provisions — Independent State Interpretation — Argument — Necessity. A party claiming that a state constitutional provision should be construed differently from […]
STATE v. TURNER, 98 Wn.2d 731 (1983)
658 P.2d 658 THE STATE OF WASHINGTON, Respondent, v. STEVEN TURNER, ET AL, Appellants. No. 48724-3.The Supreme Court of Washington. En Banc. February 10, 1983. [1] Appeal and Error — Decisions Reviewable — Moot Questions — Possible Relief. An issue on review is not moot if the appellate court can grant effective relief from outstanding […]
HAILEY v. KING COUNTY, 21 Wn.2d 53 (1944)
149 P.2d 823 H.D. HAILEY, Respondent and Cross-appellant, v. KING COUNTY, Appellant, TOM SMITH et al., Respondents.[1] No. 29261.The Supreme Court of Washington. Department Two. June 23, 1944. [1] Reported in 149 P.2d 823. [1] MUNICIPAL CORPORATIONS — CONTRACTS — CAPACITY TO CONTRACT. A contract, to be binding upon a municipal corporation, must be executed […]
STATE v. TAYLOR, 140 Wn.2d 229 (2000)
996 P.2d 571 STATE OF WASHINGTON, Petitioner, v. CASSANDRA LYNN TAYLOR, Respondent. No. 67105-2.The Supreme Court of Washington. En Banc.Argued February 15, 2000. Decided March 30, 2000. Page 230 John W. Ladenburg, Prosecuting Attorney, and Michael Lee Sommerfeld an Daniel Patrick Kinnicutt, Deputies, for petitioner. Pierce County Department of Assigned Counsel, by Lise Ellner, for […]
STATE v. BENGSON, 165 Wn. 612 (1931)
5 P.2d 1040 THE STATE OF WASHINGTON, Respondent, v. JOE BENGSON, Appellant. No. 23310. Department One.The Supreme Court of Washington. December 15, 1931. [1] BURGLARY (16) — EVIDENCE — ADMISSIBILITY — INCRIMINATING CIRCUMSTANCES — POSSESSION OF STOLEN PROPERTY BY CO-DEFENDANT. Where W. and B. were jointly charged with the burglary of a store and the […]
STATE v. SKIRLAW, 164 Wn.2d 1007 (2008)
State, Respondent, v. Skirlaw, Petitioner. No. 81204-7.The Supreme Court of Washington. August 5, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 25313-9-III, December 28, 2007. Review Orders. Denied.
STATE EX REL. MERRITT v. SUPERIOR COURT, 147 Wn. 690 (1928)
267 P. 503 THE STATE OF WASHINGTON, on the Relation of F.T. Merritt et al., Plaintiffs, v. THE SUPERIOR COURT FOR KITSAP COUNTY, Respondent. THE STATE OF WASHINGTON, on the Relation of Mildred L. Heath, Plaintiff, v. THE SUPERIOR COURT FOR KITSAP COUNTY, Respondent. Nos. 21182, 21183. Department Two.The Supreme Court of Washington. May 22, […]
SINCLAIR v. HEDLUND LUMBER MFG. CO., 153 Wn. 647 (1929)
280 P. 82 JAMES SINCLAIR, Respondent, v. HEDLUND LUMBER MANUFACTURING COMPANY, Appellant, R.C. DALY, Defendant. No. 21804. Department Two.The Supreme Court of Washington. September 5, 1929. [1] LOGS AND LOGGING (35) — LIENS ON LOGS — LIABILITY FOR ELOIGNMENT. Under Rem. Comp. Stat., § 1181, providing liability for the eloignment of logs “upon which there […]
LALLY v. GRAVES, 188 Wn. 561 (1936)
63 P.2d 361 THOMAS A.E. LALLY, as Receiver, Appellant, v. FRANK H. GRAVES et al., Respondents. No. 26362. Department Two.The Supreme Court of Washington. December 14, 1936. [1] APPEAL AND ERROR (370) — REVIEW — SCOPE AND THEORY OF CASE. In an action on contract, tried to a jury, where it does not appear that, […]
HARMON v. DSHS, 134 Wn.2d 523 (1998)
951 P.2d 770 EDWARD HARMON, Petitioner, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Respondent. No. 64800-0.The Supreme Court of Washington. En Banc.Argued June 11, 1997. Decided February 26, 1998. Page 524 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 525 TALMADGE […]
BRICK v. SEATTLE, 159 Wn. 413 (1930)
293 P. 453, 295 P. 921 A.M. BRICK et al., Respondents, v. THE CITY OF SEATTLE, Appellant. No. 22689. Department One.The Supreme Court of Washington. December 2, 1930. [1] PLEADING (57) — ANSWER — ADMISSIONS BY FAILURE TO DENY. An allegation in a complaint that plaintiff filed a duly verified claim against the city within […]
MORRISON v. HULBERT, 44 Wn.2d 171 (1954)
266 P.2d 338 ITALIA MORRISON, Respondent, v. JACQUE HULBERT, as Administratrix, Appellant.[1] No. 32611.The Supreme Court of Washington. Department One. January 29, 1954. [1] Reported in 266 P.2d 338. [1] EXECUTORS AND ADMINISTRATORS — ALLOWANCE AND PAYMENT OF CLAIMS — CLAIMS OF JUDGMENT CREDITORS. RCW 11.40.130, providing that when any judgment has been rendered against […]