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 […]
Category: Washington Supreme Court Opinions
PERRY v. HILLMAN, 153 Wn. 689 (1929)
280 P. 346 W.H. PERRY, Appellant, v. C.D. HILLMAN, Respondent. No. 21440. Department Two.The Supreme Court of Washington. September 10, 1929. [1] CONTRACTS (72) — LIMITATION OF ACTIONS (38) — SEVERABLE CONTRACTS. Where an employment contract embraced distinct items of service to be separately performed, each for distinct compensation apportioned and agreed upon, the contract […]
SIMONETTA v. VIAD CORP., 165 Wn.2d 341 (2008)
197 P.3d 127 JOSEPH A. SIMONETTA ET AL., Respondents, v. VIAD CORPORATION, Petitioner. No. 80076-6.The Supreme Court of Washington.Argued March 11, 2008. Decided December 11, 2008. Page 342 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 343 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
STATE v. BRYANT, 73 Wn.2d 168 (1968)
437 P.2d 398 THE STATE OF WASHINGTON, Respondent, v. JAMES MILTON BRYANT, Appellant.[*] No. 39254.The Supreme Court of Washington. Department One. February 8, 1968. [*] Reported in 437 P.2d 398. [1] Criminal Law — Evidence — Burden of Proving Elements. In a criminal prosecution the state has the burden of proving every element of the […]
STATE v. ZIMMERMAN, 161 Wn.2d 1012 (2007)
166 P.3d 1218 State, Respondent, v. Zimmerman, Petitioner. No. 79591-6.The Supreme Court of Washington. September 6, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 31648-0-II, November 14, 2006, 135 Wn. App. 970. Denied.
CITY OF KENNEWICK v. BENTON COUNTY, 131 Wn.2d 768 (1997)
935 P.2d 606 THE CITY OF KENNEWICK, Respondent, v. BENTON COUNTY, ET AL., Appellants. No. 63629-0.The Supreme Court of Washington. En Banc.Argued June 25, 1996. Decided April 24, 1997. Page 769 SANDERS, MADSEN, and ALEXANDER, JJ., dissent by separate opinion. Appeal from the Superior Court for Benton County, No. 95-2-00856-6, Duane E. Taber, J., on […]
JOHNSON v. FARMERS INSURANCE, 117 Wn.2d 558 (1991)
817 P.2d 841 BARBARA JOHNSON, as Guardian, Respondent, v. FARMERS INSURANCE COMPANY OF WASHINGTON, Appellant. No. 57416-2.The Supreme Court of Washington. En Banc. October 17, 1991. [1] Judgment — Summary Judgment — Review — Scope of Inquiry. When reviewing a summary judgment, an appellate court engages in the same inquiry as the trial court. [2] […]
McDERMOTT v. STATE, 196 Wn. 261 (1938)
82 P.2d 568 JOSEPH P. McDERMOTT, Respondent, v. THE STATE OF WASHINGTON et al., Appellants. No. 27114. Department One.The Supreme Court of Washington. September 12, 1938. [1] MASTER AND SERVANT — UNEMPLOYMENT COMPENSATION — PARTIES WITHIN PURVIEW OF ACT — CONTRACTS OF EMPLOYMENT — BARBERS. Licensed barbers plying their trade in a barbershop under an […]
OLYMPIC SEC. CO. v. PENNSYLVANIA FIRE INS. CO., 135 Wn. 307 (1925)
237 P. 707 OLYMPIC SECURITIES COMPANY, Appellant, v. PENNSYLVANIA FIRE INSURANCE COMPANY, Respondent. No. 19304. Department Two.The Supreme Court of Washington. July 15, 1925. INSURANCE — CONSTRUCTION OF POLICY — AUTOMOBILE INSURANCE — COLLISION — LOSSES COVERED. The loss of an automobile was not through a “collision,” within a policy of insurance covering “accidental collision […]
PERSONAL RESTRAINTS OF YIM, 139 Wn.2d 581 (1999)
989 P.2d 512 In the Matter of the Personal Restraint of ANDREW YIM, ET AL., Petitioners. THE STATE OF WASHINGTON, Respondent, v. DONALD MAYNARD YOKLEY, ET AL., Petitioners. Nos. 67214-8, 67183-4.The Supreme Court of Washington. En Banc.Argued May 20, 1999. Decided December 2, 1999. Page 582 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
ADJUSTMENT DEPT. v. BROSTROM, 15 Wn.2d 193 (1942)
130 P.2d 67 ADJUSTMENT DEPARTMENT, OLYMPIA CREDIT BUREAU, INC., Respondent, v. NORMAN BROSTROM et al., Appellants.[1] No. 28812.The Supreme Court of Washington. Department One. October 21, 1942. [1] Reported in 130 P.2d 67. [1] PLEADING — COMPLAINT — SEPARATE COUNTS ON SAME CAUSE OF ACTION. A complaint may contain one cause of action on an […]
McFARLAND v. DEPT. OF LABOR INDUSTRIES, 188 Wn. 357 (1936)
62 P.2d 714 STELLA M. McFARLAND, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant. No. 26291. Department One.The Supreme Court of Washington. December 3, 1936. [1] MASTER AND SERVANT (121-2) — REMEDIES UNDER WORKMEN’S COMPENSATION ACT — WIDOW’S PENSION — DEATH DURING PENDENCY OF CLAIM — SUICIDE DUE TO INJURY. Under Rem. Rev. Stat., […]
DWELLEY v. CHESTERFIELD, 88 Wn.2d 331 (1977)
560 P.2d 353 RITA E. DWELLEY, Individually and as Guardian, Petitioner, v. SUSAN C. CHESTERFIELD, as Executrix, Respondent. No. 44174.The Supreme Court of Washington. En Banc. February 17, 1977. [1] Contracts — Formation — Mutual Intentions — Burden of Proof. The party alleging the existence of a contract and its terms has the burden of […]
IN RE SIMON’S ESTATE, 30 Wn.2d 278 (1948)
191 P.2d 313 In the Matter of the Estate of MURRAY SIMON, Deceased.[1] No. 30444.The Supreme Court of Washington. Department One. March 25, 1948. [1] Reported in 191 P.2d 313. [1] ESTOPPEL — EQUITABLE ESTOPPEL — NATURE AND ELEMENTS. To constitute estoppel in pais, there must have been, first, an admission, statement, or act inconsistent […]
STATE v. SCHULTZ, 168 Wn. 120 (1932)
10 P.2d 980 THE STATE OF WASHINGTON, Respondent, v. BEN L. SCHULTZ, Appellant. No. 23265. Department One.The Supreme Court of Washington. May 4, 1932. [1] CRIMINAL LAW (111) — FALSE PRETENSES (13) — EVIDENCE — OTHER OFFENSES — ACTS PART OF SERIES SHOWING SYSTEM — INTENT. In a prosecution for obtaining money by false pretenses […]
OLYMPIC PIPE LINE CO. v. PAC. EMPLOYERS INS. CO., 156 Wn.2d 1026 (2006)
132 P.3d 1094 Olympic Pipe Line Co., Petitioner, v. Pac. Employers Ins. Co. et al., Respondents. No. 77508-7.The Supreme Court of Washington. April 4, 2006. Petition for review of a decision of the Court of Appeals, No. 54115-3-I, June 13, 2005, 128 Wn. App. 1003. Denied.
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 121 Wn.2d 1007 (1993)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Langford, Petitioner. State, Respondent, v. Salinas, Petitioner. State, Respondent, v. Jorgensen, Petitioner, No. 59904-1. Petition for review of a decision of the Court of Appeals, October 13, 1992, 67 Wn. App. […]
STATE v. SPRING, 156 Wn.2d 1032 (2006)
134 P.3d 232 State, Respondent, v. Spring, Petitioner. No. 77614-8.The Supreme Court of Washington. May 2, 2006. Petition for review of a decision of the Court of Appeals, No. 53487-4-I, July 18, 2005, 128 Wn. App. 398. Denied.
SNOKIST GROWERS v. WASHINGTON INS. GUAR. ASS’N, 131 Wn.2d 1010 (1997)
Snokist Growers, et al., Petitioners, v. Washington Ins. Guar. Ass’n, et al., Respondents. No. 64714-3.The Supreme Court of Washington. March 5, 1997. Petition for review of a decision of the Court of Appeals, August 8, 1996, 82 Wn. App. 1054. Denied March 5, 1997.
JOHNSON v. JOHNSON, 53 Wn.2d 107 (1958)
330 P.2d 1075 KATHLEEN F. JOHNSON, Appellant, v. WARREN P. JOHNSON, Respondent.[1] No. 34582.The Supreme Court of Washington. Department One. November 6, 1958. [1] Reported in 330 P.2d 1075. [1] DIVORCE — CUSTODY OF CHILDREN — MATTERS CONSIDERED. In awarding the custody of a child in a divorce proceeding, the fact that the child is […]
HERRING v. TEXACO, INC., 159 Wn.2d 1004 (2007)
Herring, Individually and as Personal Representative, Respondent, v. Texaco, Inc., et al., Defendants, Todd Ship-yards Corp., Petitioner. No. 78774-3.The Supreme Court of Washington. January 31, 2007. Petition for review of a decision of the Court of Appeals, No. 55055-1-I, April 17, 2006, 132 Wn. App. 479. Granted.
STATE v. COOK, 70 Wn.2d 715 (1967)
424 P.2d 1006 THE STATE OF WASHINGTON, Respondent, v. MARK EDWIN COOK, Appellant.[*] No. 38537.The Supreme Court of Washington. Department Two. March 16, 1967. [*] Reported in 424 P.2d 1006. [1] Searches and Seizures — As Incident of Arrest — Scope of Search. A search made without a warrant but as an incident of and […]
GUY v. NORTHWEST BIBLE COLLEGE, 64 Wn.2d 116 (1964)
390 P.2d 708 BESSIE M. GUY, Respondent, v. NORTHWEST BIBLE COLLEGE, Appellant, JOHN C. BRYANT et al., Respondents.[*] No. 37068.The Supreme Court of Washington. Department One. April 2, 1964. [*] Reported in 390 P.2d 708. [1] Negligence — Master and Servant — Master’s Liability — Safe Place to Work. An employer has a positive, nondelegable […]
STATE v. RA, 164 Wn.2d 1016 (2008)
State, Petitioner, v. Ra, Respondent. No. 81347-7.The Supreme Court of Washington. September 4, 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. 35019-0-II, January 29, 2008, 144 Wn. App. 688. Review Orders. Denied.
SMITH v. SMITH, 56 Wn.2d 1 (1960)
351 P.2d 142 MARION T. SMITH, Respondent, v. VISTON R. SMITH, Appellant.[1] No. 34891.The Supreme Court of Washington. En Banc. April 14, 1960. [1] Reported in 351 P.2d 142. [1] DIVORCE — DISPOSITION OF PROPERTY — PROPERTY SETTLEMENT AGREEMENTS — CONSTRUCTION. Where there is an ambiguity in a property settlement agreement, it must be considered […]
STATE v. O’CONNOR, 155 Wn.2d 335 (2005)
119 P.3d 806 THE STATE OF WASHINGTON, Respondent, v. COURTNEY JAMES O’CONNOR, Petitioner. No. 75023-8.The Supreme Court of Washington.Argued October 28, 2004. Decided September 15, 2005. Page 336 Kitteridge Oldham (of Buck Gordon, L.L.P.) and Christopher Gibson (of Nielsen, Broman Koch, P.L.L.C.), for petitioner. Page 337 Norm Maleng, Prosecuting Attorney, and Carla B. Carlstrom, Julie […]
TO-RO TRADE SHOWS v. COLLINS, 144 Wn.2d 403 (2001)
27 P.3d 1149 TO-RO TRADE SHOWS, d/b/a O’LOUGHLIN TRADE SHOWS, Petitioner, v. GRANT COLLINS and KATHY BARROSFRIEDT, in her official capacity as the Director of the Department of Licensing, THE STATE OF WASHINGTON, and ROBERT SMITH, and JOHN DOES 1 Through 5, Respondents. No. 69753-1.The Supreme Court of Washington. En Banc.Argued February 13, 2001. Decided […]
STATE v. KORTUS, 169 Wn.2d 1011 (2010)
State, Respondent, v. Kortus, Petitioner. No. 84120-9.The Supreme Court of Washington. August 5, 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. 62537-3-I, January 4, 2010, 154 Wn. App. 1001. Denied.
EDGAR v. STATE, 92 Wn.2d 217 (1979)
595 P.2d 534 JOHN D. EDGAR, ET AL, Appellants, v. THE STATE OF WASHINGTON, Respondent. No. 45921.The Supreme Court of Washington. En Banc. May 24, 1979. [1] States — Civil Rights — Persons Liable — State Governments. 42 U.S.C. § 1983, which makes liable any “person” who deprives another of his civil rights under color […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 103 Wn.2d 1021 (1984)
The Supreme Court of Washington. State, Respondent, v. Tesdahl, Petitioner, No. 51316-3. Petition for review of a decision of the Court of Appeals, No. 4478-5-III, December 5, 1984. Denied February 15, 1985. Peterson, Petitioner, v. McCarter, Respondent, No. 51337-6. Petition for review of a decision of the Court of Appeals, No. 6029-2-III, December 14, 1984. […]
STATE v. THARP, 96 Wn.2d 591 (1981)
637 P.2d 961 THE STATE OF WASHINGTON, Respondent, v. JO ELLIOTT THARP, Petitioner. No. 47454-1.The Supreme Court of Washington. En Banc. December 17, 1981. [1] Criminal Law — Evidence — Other Offenses — Standard of Proof. Admission of evidence of a previous crime otherwise admissible under ER 404(b) requires proof by a preponderance of the […]
STATE v. FENTON, 156 Wn.2d 1028 (2006)
133 P.3d 474 State, Respondent, v. Fenton, Petitioner. No. 77664-4.The Supreme Court of Washington. April 4, 2006. Petition for review of a decision of the Court of Appeals, No. 53777-6-I, August 1, 2005, 128 Wn. App. 1057. Denied Page 1029
CHAMBERS v. SLATTERY, 147 Wn. 538 (1928)
266 P. 185 JAMES CHAMBERS, by his Guardian ad litem Grace Chambers, Appellant, v. JOHN SLATTERY, Respondent. No. 20903. Department One.The Supreme Court of Washington. April 14, 1928. [1] CARRIERS (77-3) — LANDLORD AND TENANT (77) — ELEVATORS — INJURY TO TENANT — LIABILITY. In an action for injuries to a boy whose foot got […]
STATE v. McCULLOUGH, 161 Wn.2d 1005 (2007)
166 P.3d 719 State, Respondent, v. McCullough, Petitioner. No. 79420-1.The Supreme Court of Washington. September 5, 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. 55793-9-I, September 18, 2006, 134 Wn. App. 1065. Denied.
DEN ADEL v. BLATTMAN, 57 Wn.2d 337 (1960)
357 P.2d 159 ABE DEN ADEL, Respondent, v. EDWIN BLATTMAN et al., Appellants.[1] No. 35452.The Supreme Court of Washington. Department One. November 25, 1960. [1] Reported in 357 P.2d 159. [1] CONTRACTS — ILLEGALITY OF OBJECT — AGREEMENT TO DECEIVE THIRD PARTY — ENFORCEABILITY OF SEPARATE AGREEMENT. In an action to recover the balance due […]
IN RE SEUNG, 150 Wn. 289 (1928)
272 P. 968 In the Matter of the Registration of the Births of JESSE E. SEUNG et al. JOHN SEUNG, Appellant, v. C. MIKKELSON, Respondent. No. 21534. Department Two.The Supreme Court of Washington. December 13, 1928. [1] HEALTH (2) — BOARDS OF HEALTH — DUTIES — BIRTHS — FILING CERTIFICATES — STATUTES. Rem. Comp. Stat., […]
BANG v. BANG, 57 Wn.2d 602 (1961)
358 P.2d 960 KYRRE BANG, Appellant, v. LILLIAN BANG, Respondent.[1] No. 35479.The Supreme Court of Washington. Department One. January 26, 1961. [1] Reported in 358 P.2d 960. [1] DIVORCE — GROUNDS — SUFFICIENCY — CRUELTY — NONSUPPORT. In a divorce proceeding, held that the trial court erred in granting a divorce to the husband on […]
JANZEN v. PHILLIPS, 73 Wn.2d 174 (1968)
437 P.2d 189 LINLEY J. JANZEN et al., Respondents, v. JAMES W. PHILLIPS et al., Appellants.[*] No. 39305.The Supreme Court of Washington. Department Two. February 8, 1968. [*] Reported in 437 P.2d 189. [1] Contracts — Validity — Certainty — Expressions of Intent. Courts should resist destruction of an agreement as unenforceable for lack of […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 118 Wn.2d 1007 (1991)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Lunt, Petitioner, v. Mount Spokane Skiing Corp., et al, Respondents, No. 58610-1. Petition for review of a decision of the Court of Appeals, August 13, 1991, 62 Wn. App. 353. Denied December 3, 1991. […]
CAREW, SHAW BERNASCONI v. GENERAL CAS. CO., 189 Wn. 329 (1937)
65 P.2d 689 CAREW, SHAW BERNASCONI, INC., Appellant, v. GENERAL CASUALTY COMPANY OF AMERICA, Respondent. No. 26507. Department One.The Supreme Court of Washington. March 3, 1937. [1] JURY (4) — REFORMATION OF INSTRUMENTS (21) — RIGHT TO JURY TRIAL — RELIEF AWARDED. Where recovery can not be had under a policy of burglary insurance as […]
STATE v. DARDEN, 99 Wn.2d 675 (1983)
663 P.2d 1352 THE STATE OF WASHINGTON, Respondent, v. JODY JURL DARDEN, Petitioner. No. 48284-5.The Supreme Court of Washington. En Banc. June 2, 1983. [1] Criminal Law — Trial — Time of Trial — Commencement of Period — Application of Rule. The interpretation of former CrR 3.3 in State v. Edwards, 94 Wn.2d 208, requiring […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 103 Wn.2d 1031 (1984)
The Supreme Court of Washington. Rockenfield, Petitioner, v. Benton-Franklin Public Transportation Benefit Area Authority, Respondent, No. 51470-4. Petition for review of a decision of the Court of Appeals, No. 5872-7-III, January 30, 1985. Denied April 5, 1985. Meenach, et al, Petitioners, v. Triple “E” Meats, Inc., et al, Defendants, Eickerman, et al, Respondents, No. 51471-2. […]
STATE v. FACKRELL, JR., 44 Wn.2d 874 (1954)
271 P.2d 679 THE STATE OF WASHINGTON, Respondent, v. DAVID E. FACKRELL, JR., Appellant.[1] No. 32620.The Supreme Court of Washington. Department Two. June 17, 1954. [1] Reported in 271 P.2d 679. [1] CRIMINAL LAW — TRIAL — CONDUCT OF COUNSEL — PROSECUTOR — PARTICIPATION IN TRIAL AFTER APPEARANCE AS WITNESS. In a criminal prosecution, the […]
STATE EX REL. CHIN v. SUPERIOR COURT, 139 Wn. 449 (1926)
247 P. 738 THE STATE OF WASHINGTON, on the Relation of Paul Chin et al., Plaintiffs, v. THE SUPERIOR COURT FOR KING COUNTY, Robert M. Jones, Judge, Respondent. No. 20025. Department One.The Supreme Court of Washington. July 6, 1926. [1] PROHIBITION (4) — ADEQUACY OF REMEDY BY APPEAL — INFORMATION IRREGULARLY FILED. Prohibition does not […]
CHOPOT v. FOSTER, 51 Wn.2d 406 (1957)
318 P.2d 976 JOHN CHOPOT et al., Respondents, v. FRANK FOSTER et al., Appellants, ROMER J. ZEMA et al., Respondents.[1] No. 34100.The Supreme Court of Washington. Department Two. December 12, 1957. [1] Reported in 318 P.2d 976. [1] EXECUTORS AND ADMINISTRATORS — MANAGEMENT OF ESTATE — LEASES — VALIDITY — LEASED PROPERTY SUBSEQUENTLY SET ASIDE […]
STATE v. McCOO, 169 Wn.2d 1027 (2010)
241 P.3d 413 State, Respondent, v. McCoo, Petitioner. No. 84634-1.The Supreme Court of Washington. October 5, 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. 61402-9-I, February 22, 2010, 154 Wn. App. 1041. Denied.
STATE v. DYDASCO, 133 Wn.2d 993 (1998)
950 P.2d 478 State, Respondent, v. Dydasco, Petitioner. In re Detention of Dydasco, Petitioner. No. 65732-7.The Supreme Court of Washington. January 9, 1998. Petition for review of a decision of the Court of Appeals, March 31, 1997, 85 Wn. App. 535. Granted January 9, 1998.
NORTHWEST HAY ASSOCIATION v. CHASE, 136 Wn. 160 (1925)
239 P. 1 NORTHWEST HAY ASSOCIATION, Appellant, v. GEO. M. CHASE et al., Respondents. No. 19391. En Banc.The Supreme Court of Washington. September 15, 1925. ASSOCIATIONS (1-1) — ORGANIZATION OF ASSOCIATION — CONTRACT — VALIDITY — FRAUD OF OFFICERS — EVIDENCE — SUFFICIENCY. A cooperative marketing association contract providing that the members signing shall not […]
LAUBER v. LYON, 188 Wn. 644 (1936)
63 P.2d 389 ADOLPH LAUBER et al., Respondents, v. H.Y. LYON, Appellant. No. 26310. Department Two.The Supreme Court of Washington. December 23, 1936. [1] AUTOMOBILES — LIABILITY FOR INJURIES — DRIVING ON WRONG SIDE OF ROAD — PRESUMPTIONS AND BURDEN OF PROOF. In a collision of automobiles meeting on a straight road, the burden is […]
STATE v. WENTZ, 149 Wn.2d 342 (2003)
68 P.3d 282 THE STATE OF WASHINGTON, Respondent, v. GERALD LEE WENTZ, Petitioner. No. 72438-5.The Supreme Court of Washington.Argued February 13, 2003. Decided May 8, 2003. Page 343 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 344 David N. Gasch, for petitioner. […]
CASTILLO MARTE v. HERNANDEZ, 172 Wn.2d 1016 (2011)
262 P.3d 63 Castillo Marte, Petitioner, v. Hernandez, as Personal Representative, Respondent. No. 86143-9.The Supreme Court of Washington. September 26, 2011. Petition for review of a decision of the Court of Appeals, No. 66664-9-I, May 16, 2011, 161 Wn. App. 1040. Denied.
ADDLEMAN v. BOARD OF PRISON TERMS, 107 Wn.2d 503 (1986)
730 P.2d 1327 LINCOLN LANE ADDLEMAN, JR., ET AL, Appellants, v. THE BOARD OF PRISON TERMS AND PAROLES, ET AL, Respondents. No. 52748-2.The Supreme Court of Washington. En Banc. December 31, 1986. [1] Statutes — Construction — Legislative Intent — Considered as a Whole. A court carries out the Legislature’s intent by giving each statutory […]
TAYLOR v. STIMSON, 52 Wn.2d 278 (1958)
324 P.2d 1070 JAMES M. TAYLOR, Appellant, v. DOUGLAS J. STIMSON et al., Respondents.[1] No. 34389.The Supreme Court of Washington. Department Two. May 1, 1958. [1] Reported in 324 P.2d 1070. [1] LANDLORD AND TENANT — PREMISES — INJURIES FROM DANGEROUS OR DEFECTIVE CONDITIONS — DUTY TO TENANT. In an action by a tenant against […]
SHORROCK v. SHORROCK, 185 Wn. 623 (1936)
56 P.2d 674 BERNICE B. SHORROCK, Respondent, v. HENRY VICTOR SHORROCK, Appellant. No. 25900. Department One.The Supreme Court of Washington. April 13, 1936. [1] APPEAL AND ERROR (272) — RECORD — AFFIDAVITS — INCORPORATION IN STATEMENT OF FACTS — NECESSITY. Affidavits used on a motion to quash, challenging the jurisdiction, can not be considered on […]
STATE v. ROLAX, 84 Wn.2d 836 (1974)
529 P.2d 1078 THE STATE OF WASHINGTON, Respondent, v. RONALD ROLAX, Petitioner. No. 43046.The Supreme Court of Washington. En Banc. December 26, 1974. [1] Criminal Law — Post-conviction Relief — Material Fact — Perjury. Recantation of previous testimony by a prosecuting witness may constitute a material fact and may be sufficient to justify a new […]
IN RE WALKER, 43 Wn.2d 710 (1953)
263 P.2d 956 In the Matter of the Welfare of ERNEST WALKER et al., Minors. THE STATE OF WASHINGTON, on the Relation of Robert Walker, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, William J. Wilkins, Judge, Respondent.[1] No. 32453.The Supreme Court of Washington. Department Two. November 20, 1953. [1] Reported in 263 P.2d 956. […]
JACKSON v. DEPT. LABOR IND., 54 Wn.2d 643 (1959)
343 P.2d 1033 HIRAM E. JACKSON, JR., Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.[1] No. 34755.The Supreme Court of Washington. Department One. September 17, 1959. [1] Reported in 343 P.2d 1033. [1] TRIAL — INSTRUCTIONS — NUMBER OF INSTRUCTIONS GIVEN. Instructions may be so repetitious that one party’s theory of the case is […]
STATE v. FRANCIS, 162 Wn.2d 1010 (2008)
175 P.3d 1093 State, Respondent, v. Francis, Petitioner. No. 79786-2.The Supreme Court of Washington. January 8, 2008. Petition for review of a decision of the Court of Appeals, No. 56968-6-I, December 4, 2006. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
MARRIAGE OF BROWN, 100 Wn.2d 729 (1984)
675 P.2d 1207 In the Matter of the Marriage of RONNA R. BROWN, Petitioner, and WILLIAM L. BROWN, Respondent. No. 49548-3.The Supreme Court of Washington. En Banc. January 12, 1984. [1] Community Property — Acquired Property — What Constitutes. For purposes of RCW 26.16.030, which generally provides that property acquired during marriage is community property, […]
OSTERHOUT v. MYERS, 175 Wn. 616 (1933)
27 P.2d 1074 IRENE OSTERHOUT, Respondent, v. ARTHUR L. MYERS, as Administrator, Appellant. No. 24620. Department One.The Supreme Court of Washington. December 19, 1933. [1] WORK AND LABOR (4, 14) — SERVICES BETWEEN PERSONS IN FAMILY RELATION — EVIDENCE — SUFFICIENCY. Findings allowing deceased’s sister’s claim against an estate for services in taking care of […]
BANG NGUYEN v. DEP’T OF HEALTH, 144 Wn.2d 516 (2001)
29 P.3d 689 BANG D. NGUYEN, Petitioner v. DEPARTMENT OF HEALTH MEDICAL QUALITY ASSURANCE COMMISSION, Respondent. No. 68994-6.The Supreme Court of Washington. En Banc.Oral Argument Date: November 16, 2000. Filed: August 23, 2001. Page 517 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
STATE v. BADY, 150 Wn.2d 1023 (2003)
State, Respondent, v. Bady, Petitioner. No. 74117-4.The Supreme Court of Washington. En Banc. December 2, 2003. Petition for review of a decision of the Court of Appeals, No. 49529-1-I, May 5, 2003, 116 Wn. App. 1059. Denied.
STATE v. GRENNING, 169 Wn.2d 47 (2010)
234 P.3d 169 THE STATE OF WASHINGTON, Petitioner, v. NEIL GRENNING, Respondent. No. 81449-0.The Supreme Court of Washington.Argued September 15, 2009. Decided June 17, 2010. Page 48 Appeal from the Superior Court for Pierce County, No. 02-1-01106-5, James R. Orlando, J. Page 49 Mark E. Lindquist, Prosecuting Attorney, and Michelle Hyer, Deputy, for petitioner. Rita […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 140 Wn.2d 1017 (2000)
The Supreme Court of Washington. 2000. State, Respondent, v. Monroe, Petitioner. No. 69307-2. Supreme Court of Washington, En Banc. May 2, 2000. Petition for review of a decision of the Court of Appeals, No. 43197-8-I, September 8, 1999. Denied May 2, 2000. State, Respondent, v. Ferguson, Petitioner. No. 68899-1. Supreme Court of Washington, En Banc. […]
STATE v. CASTILLA, 154 Wn.2d 1031 (2005)
State, Respondent, v. Castilla, Petitioner. No. 75522-1.The Supreme Court of Washington. August 24, 2005. Petition for review of a decision of the Court of Appeals, No. 51679-5-I, April 19, 2004, 121 Wn. App. 198. Granted and remanded to the Court of Appeals.
STATE v. OSMAN, 157 Wn.2d 474 (2006)
139 P.3d 334 THE STATE OF WASHINGTON, Respondent, v. SEMI OSMAN, Petitioner. No. 76948-6.The Supreme Court of Washington.Argued February 16, 2006. Decided August 3, 2006. Page 475 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 476 Stephanie C. Cunningham, for petitioner. Gerald […]
MIOTKE v. SPOKANE, 101 Wn.2d 307 (1984)
678 P.2d 803 LEONARD J. MIOTKE, ET AL, Respondents, v. THE CITY OF SPOKANE, ET AL, Appellants. No. 49448-7.The Supreme Court of Washington. En Banc. March 15, 1984. [1] Environment — Water Pollution — Discharge Permit — Compliance — Necessity. Compliance with a waste disposal permit issued pursuant to the water pollution control act (RCW […]
WOOD v. MAY, 73 Wn.2d 307 (1968)
438 P.2d 587 GORDON S. WOOD, Appellant, v. WILLIAM R. MAY, Respondent.[*] No. 38508.The Supreme Court of Washington. En Banc. March 14, 1968. [*] Reported in 438 P.2d 587. [1] Contracts — Restraint of Competition — Validity — Test. Covenants in employment contracts restricting competition upon termination of employment are not void for reasons of […]
STATE v. GADDY, 150 Wn.2d 1001 (2003)
State, Respondent, v. Gaddy, Petitioner. No. 73719-3.The Supreme Court of Washington. En Banc. September 30, 2003. Petition for review of a decision of the Court of Appeals, No. 48368-4-I, December 23, 2002, 114 Wn. App. 702. Granted.
IN RE DET. OF PASCHKE v. STATE, 156 Wn.2d 1030 (2006)
131 P.3d 905 In re Det. of Paschke. Paschke, Petitioner, v. State, Respondent. No. 75603-1.The Supreme Court of Washington. April 6, 2006. Petition for review of a decision of the Court of Appeals, No. 18812-4-III, May 13, 2004, 121 Wn. App. 614. Remanded to the Court of Appeals on a specific issue.
DISPOSITIONS OF PETITIONS FOR REVIEW, 107 Wn.2d 1037 (1986)
The Supreme Court of Washington. Kennewick, Petitioner, v. Vandergriff, Respondent, No. 53438-1. Petition for review of a decision of the Court of Appeals, November 20, 1986, 45 Wn. App. 900. Granted March 5, 1987. Page 1
CARLSON v. BOGLE, 169 Wn. 528 (1932)
14 P.2d 42 C.O. CARLSON et al., Respondents, v. THOMAS BOGLE et al., Appellants. No. 23831. Department One.The Supreme Court of Washington. September 20, 1932. [1] PARTIES (56) — DEFECTS — MISJOINDER OF PLAINTIFFS — EFFECT. Under Rule of Practice II, Rem. 1927 Sup., § 308-2, providing for the joinder of all persons as plaintiffs […]
NASH v. NASH, 23 Wn.2d 448 (1945)
161 P.2d 326 JOSEPHINE NASH, Respondent, v. THEODORE NASH, Appellant.[1] No. 29488.The Supreme Court of Washington. En Banc. August 2, 1945. [1] Reported in 161 P.2d 326. [1] APPEAL AND ERROR — EFFECT OF TRANSFER OF CAUSE — POWERS OF LOWER COURT — STATEMENT OF FACTS — CHANGING FILING DATE. After an appeal has been […]
WEYERHAEUSER TIMBER CO. v. HENNEFORD, 185 Wn. 46 (1936)
53 P.2d 308 WEYERHAEUSER TIMBER COMPANY, Appellant, v. H.H. HENNEFORD et al., Respondents. No. 25911. En Banc.The Supreme Court of Washington. January 3, 1936. [1] TAXATION (31) — LIABILITY OF PERSONS OR PROPERTY — CORPORATIONS — RAILROADS — LOGGING ROAD. A logging railroad company that carries only its own products is not included in the […]
KIBLER v. GARRETT SONS, INC., 73 Wn.2d 523 (1968)
439 P.2d 416 WILLIAM F. KIBLER, Appellant, v. FRANK L. GARRETT SONS, INC., Respondent.[*] No. 39024.The Supreme Court of Washington. En Banc. April 4, 1968. [*] Reported in 439 P.2d 416. [1] Accord and Satisfaction — Undisputed Facts — Question of Law. Where the facts are not in dispute, the question of whether an accord […]
STATE v. KOZOL, 150 Wn.2d 1037 (2004)
State, Respondent, v. Kozol, Petitioner. No. 74329-1.The Supreme Court of Washington. En Banc. February 4, 2004. Petition for review of a decision of the Court of Appeals, No. 49154-7-I, June 30, 2003, 117 Wn. App. 1037. Denied.
CORNISH COLL. OF THE ARTS v. 1000 VA. LTD. P’SHIP, 171 Wn.2d 1014 (2011)
249 P.3d 1029 Cornish Coll. of the Arts, Respondent, v. 1000 Va. Ltd. P’ship, Petitioner. No. 85522-6.The Supreme Court of Washington. March 30, 2011. Petition for review of a decision of the Court of Appeals, Nos. 63790-8-1 and 63792-4-1, October 25, 2010, 158 Wn. App. 203. Denied.
DITTMAR v. FRYE CO., 200 Wn. 467 (1939)
93 P.2d 717 MARION DITTMAR, Respondent, v. FRYE COMPANY, Appellant. No. 27564. Department Two.The Supreme Court of Washington. September 8, 1939. [1] PRINCIPAL AND SURETY — PAYMENT OF DEBT BY SURETY — OBLIGATION OF PRINCIPAL FOR REIMBURSEMENT. Where one who was secondarily liable as endorser on notes of a company indebted to various banks, sold […]
BASHAM v. CLARK, 150 Wn.2d 1011 (2003)
Basham, et al., Petitioners, v. Clark, et al., Respondents. No. 73787-8.The Supreme Court of Washington. En Banc. November 4, 2003. Petition for review of a decision of the Court of Appeals, No. 20742-1-III, February 6, 2003, 115 Wn. App. 1024. Denied.
O-W R. N. CO. v. C.M. KOPP CO., 12 Wn.2d 146 (1942)
120 P.2d 845 OREGON-WASHINGTON RAILROAD NAVIGATION COMPANY, Appellant, v. C.M. KOPP COMPANY et al., Respondents.[1] No. 28124.The Supreme Court of Washington. Department One. January 6, 1942. [1] Reported in 120 P.2d 845. [1] COURTS — RULES OF DECISION — FEDERAL QUESTIONS. In an action by a common carrier for charges for transporting a carload of […]
DELEVICK v. REBBLE, 32 Wn.2d 535 (1949)
202 P.2d 438 VUKO DELEVICK, Appellant, v. BERT A. REBBLE et al., Respondents.[1] No. 30857.The Supreme Court of Washington. Department One. February 8, 1949. [1] Reported in 202 P.2d 438. [1] DEEDS — CONSTRUCTION — PROPERTY CONVEYED — PARTICULAR DESCRIPTION — SPECIFIC QUANTITY DESCRIBED AS PART OF LARGER TRACT. Where a deed conveyed the east […]
TISON v. AMERICAN NATIONAL INS. CO., 163 Wn. 522 (1931)
1 P.2d 859, 3 P.2d 998 EMILY TISON, Respondent, v. AMERICAN NATIONAL INSURANCE COMPANY, Appellant. No. 23000. Department One.The Supreme Court of Washington. July 21, 1931. [1] INSURANCE (83) — AVOIDANCE OF POLICY — MISREPRESENTATIONS — PHYSICAL CONDITION OF PERSON INJURED — IMPAIRMENT OF VISION — INTENT TO DECEIVE. Under Rem. Comp. Stat., § 7078, […]
STATE v. TAYLOR, 109 Wn.2d 438 (1987)
745 P.2d 510 THE STATE OF WASHINGTON, Respondent, v. STEVEN M. TAYLOR, Petitioner. No. 53584-1.The Supreme Court of Washington. En Banc. November 19, 1987. [1] Criminal Law — Trial — Verdict — Deadlock — Determination — Greater and Lesser Offenses. When a jury attempts to return a verdict of not guilty based on its lack […]
BEARDMORE HEAVY HAULING v. MORIN, 71 Wn.2d 273 (1967)
427 P.2d 975 BEARDMORE HEAVY HAULING CRANE SERVICE, Respondent and Cross-appellant, v. S.G. MORIN et al., Appellants.[*] No. 38855.The Supreme Court of Washington. Department One. May 18, 1967. [*] Reported in 427 P.2d 975. [1] Appeal and Error — Review — Findings. Findings of fact supported by substantial evidence will not be disturbed on appeal. […]
STATE v. STEVENS, 160 Wn.2d 1015 (2007)
161 P.3d 1027 State, Respondent, v. Stevens, Petitioner. No. 79204-6.The Supreme Court of Washington. June 6, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decisions of the Court of Appeals, Nos. 55502-2-I and 55580-4-I, July 31, 2006, 134 Wn. App. 1014. Denied.
CARKONEN v. WILLIAMS, 76 Wn.2d 617 (1969)
458 P.2d 280 GEORGE J. CARKONEN et al., Appellants, v. MELVIN J.R. WILLIAMS et al., Appellants, GEORGE KINNEAR, Respondent.[*] No. 40868.The Supreme Court of Washington. En Banc. September 4, 1969. [*] Reported in 458 P.2d 280. [1] Taxation — Levy and Assessment — Constitutional Assessment Ratio — Mandatory or Permissive. The requirement of Const. art. […]
MIELDON v. UNIV. OF WASH., 156 Wn.2d 1023 (2006)
132 P.3d 735 Mieldon, Petitioner, v. Univ. of Wash. et al., Respondents. No. 77563-0.The Supreme Court of Washington. March 8, 2006. Petition for review of a decision of the Court of Appeals, No. 52685-5-I, July 11, 2005, 128 Wn. App. 1036. Denied.
STATE EX REL. ORTON v. SUPERIOR COURT, 180 Wn. 81 (1934)
39 P.2d 595 THE STATE OF WASHINGTON, on the Relation of John B. Orton, Plaintiff, v. THE SUPERIOR COURT FOR GRAYS HARBOR COUNTY et al., Respondents. No. 25395. Department One.The Supreme Court of Washington. December 19, 1934. [1] ELECTIONS (30) — BALLOTS — FORM AND CONTENTS — NAMES AND DESIGNATIONS OF CANDIDATES — DESIGNATION BY […]
STATE v. GRAEBER, 49 Wn.2d 874 (1957)
307 P.2d 563 THE STATE OF WASHINGTON, Respondent, v. WYMAN W. GRAEBER, Appellant.[1] No. 33888.The Supreme Court of Washington. Department Two. February 25, 1957. [1] Reported in 307 P.2d 563. [1] APPEAL AND ERROR — DISPOSITION OF CAUSE — PROCEEDINGS IN LOWER COURT — JURISDICTION TO VACATE JUDGMENT. In a proceeding to vacate a judgment […]
STATE v. COURNEYA, 158 Wn.2d 1023 (2006)
State, Petitioner, v. Courneya, Respondent. No. 78663-1.The Supreme Court of Washington. December 6, 2006. Petition for review of a decision of the Court of Appeals, No. 32659-1-II, April 4, 2006, 132 Wn. App. 347. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
STATE v. ORTEGA, 171 Wn.2d 1031 (2011)
257 P.3d 665 State, Respondent, v. Ortega, Petitioner. No. 85788-1.The Supreme Court of Washington. July 13, 2011. Petition for review of a decision of the Court of Appeals, No. 64008-9-I, February 7, 2011, 159 Wn. App. 889. Granted.
STATE v. IBARRA-CIZNEROS, 165 Wn.2d 1036 (2009)
State, Respondent, v. Ibarra-Cizneros, Petitioner. No. 82219-1.The Supreme Court of Washington. March 31, 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. 25735-5-III, July 1, 2008, 145 Wn. App. 516. Granted.
STATE v. STYLES, 93 Wn.2d 173 (1980)
606 P.2d 1233 THE STATE OF WASHINGTON, Petitioner, v. ROBIN KERRY STYLES, Respondent. No. 46403.The Supreme Court of Washington. En Banc. February 21, 1980. [1] Criminal Law — Witnesses — Impeachment — Character of Defendant — Scope. A character witness for an accused may be cross-examined concerning his personal knowledge of specific prior acts of […]
POWEROIL MFG. CO. v. CARSTENSEN, 69 Wn.2d 673 (1966)
419 P.2d 793 POWEROIL MANUFACTURING COMPANY, INC., Appellant, v. BOB S. CARSTENSEN et al., Respondents.[*] No. 38418.The Supreme Court of Washington. Department One. November 3, 1966. [*] Reported in 419 P.2d 793. [1] Corporations — Officers and Agents — Fiduciary Obligation. Corporate directors, who stand in a fiduciary relationship to their corporation under RCW 23.01.360, […]
PAULSELL v. PETERS, 9 Wn.2d 599 (1941)
115 P.2d 708 OTIS PAULSELL, Respondent, v. FRANK E. PETERS, Defendant, METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, Appellant.[1] No. 28323.The Supreme Court of Washington. Department One. August 1, 1941. [1] Reported in 115 P.2d 708. [1] BONDS — CONSTRUCTION AND OPERATION — LIMITATION OF SURETY’S LIABILITY. In this state, the general rule that a […]
IN RE SEWARD, 168 Wn.2d 1022 (2010)
In re Personal Restraint of Seward. No. 83651-5.The Supreme Court of Washington. March 31, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Motion for discretionary review of a decision of the Court of Appeals, No. 39443-0-II, August 19, 2009. Granted and remanded to the trial court for resentencing.
TOWNE v. DEPT. LABOR IND., 51 Wn.2d 644 (1958)
320 P.2d 1094 LEE GRANT TOWNE, as Administrator, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Defendant, HYGRADE FOOD PRODUCTS CORPORATION, Appellant.[1] No. 34120.The Supreme Court of Washington. Department Two. January 30, 1958. [1] Reported in 320 P.2d 1094. [1] WORKMEN’S COMPENSATION — PROCEEDINGS TO SECURE — EVIDENCE — SUFFICIENCY. In a proceeding for a […]
SOMERVILLE v. CITY OF MOUNTLAKE TERRACE, 165 Wn.2d 1049 (2009)
Somerville, Petitioner, v. City of Mountlake Terrace et al., Respondents. No. 82393-6.The Supreme Court of Washington. April 29, 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. 61190-9-I, October 6, 2008, 146 Wn. App. 1071. Denied.
CANNON v. HUHNDORF, 67 Wn.2d 778 (1966)
409 P.2d 865 WILLIAM CANNON, JR., Respondent, v. ALBERT J. HUHNDORF et al., Appellants.[*] No. 37757.The Supreme Court of Washington. Department One. January 13, 1966. [*] Reported in 409 P.2d 865. [1] Trial — Verdict — Sufficiency — Factual Dispute. Where there is ample evidence supporting both positions in a factual dispute, the verdict of […]
ESTATE OF MADSEN v. COMMISSIONER, 97 Wn.2d 792 (1982)
650 P.2d 196 CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN ESTATE OF MATTIAS ARNOLD MADSEN, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee. No. 48161-0.The Supreme Court of Washington. En Banc. August 26, 1982. [1] Community Property — Status of Property — Presumption — Burden of Proof. There is a […]