PORTLAND ASS’N ETC. v. EARLEY, 42 Wn.2d 273 (1953)

254 P.2d 758 PORTLAND ASSOCIATION OF CREDIT MEN, INC., Appellant, v. ROY T. EARLEY, Respondent.[1] No. 32133.The Supreme Court of Washington. Department One. March 17, 1953. [1] Reported in 254 P.2d 758. [1] APPEAL AND ERROR — REVIEW — CORRECT DECISION BASED ON ERRONEOUS REASON. The trial court will be affirmed if proper legal grounds […]

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STATE v. ADLINGTON-KELLY, 95 Wn.2d 917 (1981)

631 P.2d 954 THE STATE OF WASHINGTON, Respondent, v. PETER J. ADLINGTON-KELLY, Petitioner. No. 47317-0.The Supreme Court of Washington. En Banc. July 30, 1981. [1] Criminal Law — Weapon — Firearm — Statutory Provisions. Rather than creating a separate crime, RCW 9.41.025 requires the imposition of mandatory minimum sentences for persons convicted of certain crimes […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 85 Wn.2d 1008 (1975)

The Supreme Court of Washington. State, Respondent, v. Smith, Petitioner, No. 43648. Petition for review of a decision of the Court of Appeals, January 6, 1975, 12 Wn. App. 514. Denied April 29, 1975. State, Respondent, v. Butterfield, Petitioner. State, Respondent, v. Mintle, Petitioner, No. 43671. Petition for review of a decision of the Court […]

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EMILY LANE HOMEOWNERS v. COLONIAL DEV., 163 Wn.2d 1022 (2008)

Emily Lane Homeowners Ass’n, Respondent, v. Colonial Dev., LLC, et al., Petitioners. No. 80459-1.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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 58796-0-I, June 18, 2007, 139 Wn. App. 300. Review granted […]

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ST. EX REL. STARKEY v. ALASKA AIRLINES, 68 Wn.2d 318 (1966)

413 P.2d 352 THE STATE OF WASHINGTON, on the Relation of Ralph W. Starkey et al., Appellant, v. ALASKA AIRLINES, INC., Respondent.[*] No. 37933.The Supreme Court of Washington. En Banc. April 7, 1966. [*] Reported in 413 P.2d 352. [1] Constitutional Law — Corporations — Alteration of Corporation Statutes — Impairment of Contract. The charter […]

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WOOD v. NELSON, 57 Wn.2d 539 (1961)

358 P.2d 312 C. RUSS WOOD, Respondent, v. MAY LORRAINE NELSON et al., Appellants.[1] No. 35433.The Supreme Court of Washington. Department One. January 12, 1961. [1] Reported in 358 P.2d 312. [1] ADVERSE POSSESSION — ACTS CONSTITUTING — EVIDENCE — SUFFICIENCY. The cutting of wild grass on wild, unimproved, or unfenced land does not of […]

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BURKHEIMER v. SEATTLE, 162 Wn. 645 (1931)

299 P. 381 JOHN E. BURKHEIMER et al., Appellants, v. THE CITY OF SEATTLE, Respondent. No. 22666. Department Two.The Supreme Court of Washington. May 19, 1931. [1] EASEMENTS (15) — STREET RAILROADS (6-1) — RIGHTS IN AND USE OF PROPERTY ACQUIRED — FORFEITURE FOR MISUSER. The grant to a street railway company of a right […]

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WICHTERMAN v. GUINN, 165 Wn.2d 1023 (2009)

Wichterman, Petitioner, v. Guinn, Respondent. No. 81507-1.The Supreme Court of Washington. February 3, 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. 26266-9-III, February 1, 2008. Denied

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PRONGER v. BUCK, 146 Wn. 577 (1928)

263 P. 959 JOHN S. PRONGER, Respondent, v. C.G. BUCK, Appellant. No. 20923. Department Two.The Supreme Court of Washington. February 15, 1928. [1] PLEADING (111) — SUPPLEMENTAL COMPLAINT — MATTERS ARISING AFTER ORIGINAL PLEADING. In an action for alienation of affections, it is not error to allow the filing of a supplemental complaint showing acts […]

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DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 125 Wn.2d 1023 (1994)

The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Schiffner, et al, Respondents, v. Pryde Corp., Petitioner, No. 62345-7. Petition for review of a decision of the Court of Appeals, August 1, 1994, 75 Wn. App. 1011. Denied February 9, 1995. State, Respondent, […]

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HAMMERLUND v. WN. CHILDREN’S HOME SOC., 56 Wn.2d 609 (1960)

354 P.2d 945 IOLA HAMMERLUND et al., Appellants, v. THE WASHINGTON CHILDREN’S HOME SOCIETY, Respondent.[1] No. 35243.The Supreme Court of Washington. Department Two. August 18, 1960. [1] Reported in 354 P.2d 945. [1] PARENT AND CHILD — CUSTODY — RELINQUISHMENT — STATUTORY PROVISIONS — NOTICE. RCW 26.36.010, which provides that parental rights may not be […]

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PENINSULA DEVELOPMENT CO. v. SAVIDGE, 163 Wn. 36 (1931)

299 P. 654 PENINSULA DEVELOPMENT COMPANY, Respondent, v. CLARK V. SAVIDGE, as Commissioner of Public Lands, Appellant. No. 22883. Department Two.The Supreme Court of Washington. May 26, 1931. [1] PUBLIC LANDS (75, 76) — CONVEYANCE BY STATE — AUTHORITY TO SELL OR LEASE. Rem. 1927 Sup., § 7797-176, providing that no gas or oil lease […]

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ROUSSO v. MEYERS, 64 Wn.2d 53 (1964)

390 P.2d 557 LOUIS ROUSSO, Petitioner, v. VICTOR A. MEYERS, as Secretary of State et al., Respondents.[*] No. 37199.The Supreme Court of Washington. En Banc. March 26, 1964. [*] Reported in 390 P.2d 557. [1] Statutes — Referendum — Petitions — Validity of Signatures. Where the act of a third person rendered impossible an ascertainment […]

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HANER v. QUINCY FARM CHEMICALS, INC., 97 Wn.2d 753 (1982)

649 P.2d 828 ROBERT A. HANER, Respondent, v. QUINCY FARM CHEMICALS, INC., Defendant, COLUMBIA PRODUCERS, INC., Petitioner, OLIN CORPORATION, Respondent. No. 47902-0.The Supreme Court of Washington. En Banc. August 19, 1982. [1] Damages — Difficulty of Ascertainment — Certainty. Evidence is sufficient to support a damage award if it provides a reasonable basis for estimating […]

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PIERCEY v. PIERCEY, 73 Wn.2d 397 (1968)

438 P.2d 827 WESLEY S. PIERCEY, Appellant, v. CAROL C. PIERCEY, Respondent.[*] No. 39104.The Supreme Court of Washington. Department Two. March 21, 1968. [*] Reported in 438 P.2d 827. [1] Divorce — Appeal — Change in Circumstances Pending Appeal. Where the situation of the parties had materially changed between the entry of a divorce decree […]

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STATE v. GONZALEZ, 159 Wn.2d 1009 (2007)

State, Respondent, v. Gonzalez, Petitioner. No. 78811-1.The Supreme Court of Washington. March 7, 2007. Petition for review of a decision of the Court of Appeals, No. 23581-5-III, May 23, 2006, 133 Wn. App. 1003. Denied.

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STATE v. RAMIREZ, 165 Wn.2d 1033 (2009)

State, Respondent, v. Ramirez, Petitioner. No. 82102-0.The Supreme Court of Washington. March 4, 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. 59837-6-I, July 21, 2008, 145 Wn. App. 1047. Denied

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IN RE MARRIAGE OF FARMER, 172 Wn.2d 616 (2011)

259 P.3d 256 In the Matter of the Marriage of DANIEL J. FARMER, Petitioner, and TERESA W. FARMER, Respondent. No. 83960-3.The Supreme Court of Washington.Argued January 11, 2011. Decided September 8, 2011. Page 617 Appeal from the Superior Court for Island County, No. 04-3-00086-4, Vickie I. Churchill, J. Page 618 Catherine W. Smith and Valerie […]

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DEPT. OF LABOR INDUSTRIES v. HICKLE, 1 Wn.2d 475 (1939)

96 P.2d 577 THE DEPARTMENT OF LABOR AND INDUSTRIES, substituted for Virgil Nostrand, Appellant, v. V.A. HICKLE et al., Respondents.[1] No. 27689.The Supreme Court of Washington. Department One. November 28, 1939. [1] Reported in 96 P.2d 577. [1] AUTOMOBILES — LIABILITY FOR INJURIES — RIGHTS AND DUTIES AT INTERSECTIONS — CONTRIBUTORY NEGLIGENCE — EVIDENCE — […]

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STATE v. MURPHY, 149 Wn.2d 1016 (2003)

State, Respondent, v. Murphy, Petitioner. No. 73170-5.The Supreme Court of Washington. May 28, 2003. Petition for review of a decision of the Court of Appeals, No. 47552-5-I, September 12, 2002. Denied May 28, 2003.

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STATE v. HETTRICK, 67 Wn.2d 211 (1965)

407 P.2d 150 THE STATE OF WASHINGTON, Respondent, v. LAWRENCE ALBYON HETTRICK, Appellant.[*] No. 37517.The Supreme Court of Washington. Department One. October 28, 1965. [*] Reported in 407 P.2d 150. [1] Witnesses — Testifying Out of Order — Discretion of Court. It is within the discretion of the trial court to let a witness testify […]

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STATE v. MOTOR FREIGHT TERMINALS, 57 Wn.2d 442 (1960)

357 P.2d 861 THE STATE OF WASHINGTON, Appellant, v. MOTOR FREIGHT TERMINALS, INC. et al., Respondents.[1] No. 35612.The Supreme Court of Washington. Department Two. December 22, 1960. [1] Reported in 357 P.2d 861. [1] EMINENT DOMAIN — COMPENSATION — MEASURE AND AMOUNT — VALUE FOR SPECIAL USE — PROBABILITY OF REZONING. In condemnation proceedings, the […]

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STATE v. LINEBARGER, 155 Wn.2d 1013 (2005)

122 P.3d 186 State, Respondent, v. Linebarger, Petitioner. No. 76813-7.The Supreme Court of Washington. October 6, 2005. Petition for review of a decision of the Court of Appeals, No. 22262-4-III, February 15, 2005, 125 Wn. App. 1046.Denied Denied.

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TRAVIS v. HORSE BREEDERS, 111 Wn.2d 396 (1988)

759 P.2d 418 ROBERT M. TRAVIS, ET AL, Respondents, v. WASHINGTON HORSE BREEDERS ASSOCIATION, INC., ET AL, Petitioners. No. 54204-0.The Supreme Court of Washington. En Banc. July 15, 1988. [1] Sales — Auctions — Warranties — Disclaimers. The implied warranties of the U.C.C. apply to sales of goods by means of an auction. Although clearly […]

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CLARK COUNTY, ETC., CORP. v. HIIM, 177 Wn. 251 (1934)

31 P.2d 905 CLARK COUNTY AGRICULTURAL CREDIT CORPORATION OF WASHOUGAL, Respondent, v. ORDIN A. HIIM et al., Appellants. No. 24451. Department One.The Supreme Court of Washington. April 11, 1934. [1] PLEADING (59-1) — ANSWER — MATTER IN AVOIDANCE — MATTER AVAILABLE UNDER GENERAL DENIAL. In an action against a corporate officer and his surety for […]

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DOTSON v. DEPT. LABOR IND., 48 Wn.2d 855 (1956)

296 P.2d 1006 CHARLES DOTSON, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.[1] No. 33530.The Supreme Court of Washington. Department One. May 10, 1956. [1] Reported in 296 P.2d 1006. [1] JUDGMENT — NOTWITHSTANDING VERDICT — MATTERS CONSIDERED — INCONSISTENCIES AND CONTRADICTIONS IN TESTIMONY. If indispensable testimony is, in effect, retracted or completely negatived […]

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STATE EX REL. VAN ORSDEL v. YELLE, 15 Wn.2d 320 (1942)

130 P.2d 889 THE STATE OF WASHINGTON, on the Relation of John P. Van Orsdel, Plaintiff, v. CLIFF YELLE, as State Auditor, Respondent.[1] No. 28896.The Supreme Court of Washington. Department Two. November 5, 1942. [1] Reported in 130 P.2d 889. [1] PUBLIC LANDS — APPRAISAL OF TIMBER — AUTHORITY TO EMPLOY CRUISERS. The 1941 land […]

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DESIMONE v. SEATTLE, 35 Wn.2d 579 (1950)

213 P.2d 948 AURELIO DESIMONE, et al., Appellants, v. THE CITY OF SEATTLE, Respondent.[1] No. 30958.The Supreme Court of Washington. Department Two. January 27, 1950. [1] Reported in 213 P.2d 948. [1] INJUNCTION — SUBJECTS OF PROTECTION AND RELIEF — VIOLATION OF ZONING ORDINANCE — RIGHT OF OWNER TO RELIEF. An individual may not maintain […]

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STATE v. GATTAVARA, 182 Wn. 325 (1935)

47 P.2d 18 THE STATE OF WASHINGTON, Respondent, v. V. GATTAVARA et al., Appellants. No. 25452. En Banc.The Supreme Court of Washington. July 1, 1935. [1] ATTORNEY GENERAL (3) — POWERS AND DUTIES — ACTIONS — AUTHORITY TO SUE IN NAME OF STATE. A statute having defined the duties of the Attorney General for the […]

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STATE v. GROVE, 65 Wn.2d 525 (1965)

398 P.2d 170 THE STATE OF WASHINGTON, Respondent, v. BENJAMIN PAUL GROVE, Appellant.[*] No. 37013.The Supreme Court of Washington. En Banc. January 21, 1965. [*] Reported in 398 P.2d 170. [1] Witnesses — Competency — Privileged Communications — Husband and Wife. A husband’s letter to his wife was not protected by RCW 5.60.060(1) as a […]

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STATE v. YAEGER, 164 Wn.2d 1016 (2008)

State, Respondent, v. Yaeger, Petitioner. No. 81330-2.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. 25515-8-III, February 5, 2008, 142 Wn. App. 1051. Review Orders. Denied.

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STATE v. THORGERSON, 172 Wn.2d 438 (2011)

258 P.3d 43 THE STATE OF WASHINGTON, Respondent, v. KENNETH JOHN THORGERSON, Petitioner. No. 83357-5.The Supreme Court of Washington.Argued September 23, 2010. Decided August 25, 2011. Page 439 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 440 Appeal from the Superior Court […]

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GLASER v. KATALINICH, 169 Wn. 133 (1932)

13 P.2d 468 HUGO GLASER, Respondent, v. JOHN KATALINICH et al., Appellants. No. 23859. En Banc.The Supreme Court of Washington. August 5, 1932. [1] MASTER AND SERVANT (1) — JOINT ADVENTURES (2) — CONTRACTS OF EMPLOYMENT — CONSTRUCTION AND OPERATION. The relation of master and servant existed, rather than that of joint adventurers, between the […]

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GOVETT v. FIRST PACIFIC INVESTMENT CO., 68 Wn.2d 973 (1966)

413 P.2d 972 LOLA GOVETT, Respondent, v. FIRST PACIFIC INVESTMENT CO., et al., Appellants.[*] No. 38245.The Supreme Court of Washington. Department Two. May 5, 1966. [*] Reported in 413 P.2d 972. Appeal from a judgment of the Superior Court for King County, No. 610633, Henry Clay Agnew, J., entered January 26, 1965 Affirmed. Action for […]

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IN RE SMITH, 83 Wn.2d 659 (1974)

521 P.2d 212 In the Matter of the Disciplinary Proceeding Against DON R. SMITH, an Attorney at Law. No. C.D. 5552.The Supreme Court of Washington. En Banc. April 18, 1974. [1] Attorney and Client — Discipline — Degree of Punishment — Function of Supreme Court. Implementation of the two-fold purpose basic to all attorney discipline, […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 88 Wn.2d 1012 (1977)

The Supreme Court of Washington. Vanderpool, et al, Respondents, v. Rabideau, Petitioner, No. 44701. Petition for review of a decision of the Court of Appeals, December 8, 1976, 16 Wn. App. 496. Denied May 25, 1977. State, Respondent, v. Durnell, Petitioner, No. 44720. Petition for review of a decision of the Court of Appeals, December […]

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STATE v. INTER. TYPO. UNION, 57 Wn.2d 151 (1960)

356 P.2d 6 THE STATE OF WASHINGTON, Appellant, v. INTERNATIONAL TYPOGRAPHICAL UNION et al., Respondents.[1] No. 35256.The Supreme Court of Washington. En Banc. October 20, 1960. [1] Reported in 356 P.2d 6. [1] APPEAL AND ERROR — GROUNDS OF APPELLATE JURISDICTION — EXISTENCE OF ACTUAL CONTROVERSY — MOOT CASES. In an action arising out of […]

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NUNN v. TURNER, 133 Wn. 654 (1925)

234 P. 443 CLYDE L. NUNN, Respondent, v. CHARLES A. TURNER et al., Appellants. No. 19063. Department Two.The Supreme Court of Washington. April 3, 1925. MUNICIPAL CORPORATIONS (75, 76) — OFFICERS — CHIEF OF POLICE — BONDS — LIABILITY OF SURETY. The chief of police and the surety on his official bond are liable for […]

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STATE v. WINGATE, 155 Wn.2d 817 (2005)

122 P.3d 908 THE STATE OF WASHINGTON, Petitioner v. JOSHUA M. WINGATE, Respondent. No. 76325-9.The Supreme Court of Washington.Considered November 3, 2005. Decided November 10, 2005. Page 818 Gerald A. Home, Prosecuting Attorney, an Kathleen Proctor, Deputy, for petitioner. Suzanne L. Elliott, for respondent. PER CURIAM ¶1 The State seeks review of a published Court […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 103 Wn.2d 1003 (1984)

The Supreme Court of Washington. State, Respondent, v. Dyer, Petitioner, No. 50965-4. Petition for review of a decision of the Court of Appeals, August 14, 1984, 38 Wn. App. 1045. Denied November 16, 1984. State, Respondent, v. Dixon, Petitioner, No. 50967-1. Petition for review of a decision of the Court of Appeals, July 3, 1984, […]

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HANSEN v. HANSEN, 43 Wn.2d 520 (1953)

262 P.2d 184 PATRICIA LOU HANSEN, Respondent, v. ROBERT M. HANSEN, Appellant.[1] No. 32479.The Supreme Court of Washington. En Banc. October 20, 1953. [1] Reported in 262 P.2d 184. [1] DIVORCE — CUSTODY OF CHILDREN — DECREE AS TO CUSTODY — HOW MODIFIED. The custody provisions of a divorce decree can only be modified by […]

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LUMBER MART CO. v. BUCHANAN, 69 Wn.2d 658 (1966)

419 P.2d 1002 LUMBER MART COMPANY, Respondent, v. L.L. BUCHANAN et al., Appellants.[*] No. 38325.The Supreme Court of Washington. Department One. November 3, 1966. [*] Reported in 419 P.2d 1002. [1] Principal and Agent — Proof of Relationship — Declarations of Agent. Agency cannot be proven by declarations of the alleged agent. [2] Same — […]

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STATE EX REL. DAWES v. HIGHWAY COMM., 63 Wn.2d 34 (1963)

385 P.2d 376 THE STATE OF WASHINGTON, on the Relation of Roy A. Dawes et al., Appellant, v. WASHINGTON STATE HIGHWAY COMMISSION et al., Respondents.[*] No. 36892.The Supreme Court of Washington. Department Two. October 3, 1963. [*] Reported in 385 P.2d 376. [1] Statutes — Construction — Presumptions of Validity. If a statute is subject […]

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STATE v. ACOSTA, 101 Wn.2d 612 (1984)

683 P.2d 1069 THE STATE OF WASHINGTON, Respondent, v. DAVID VELASQUEZ ACOSTA, Petitioner. No. 49621-8.The Supreme Court of Washington. En Banc. May 24, 1984. [1] Criminal Law — Self-Defense — Burden of Proof — Effect on Element of Crime. The State has the burden of proving the absence of self-defense if self-defense is an issue […]

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STATE v. PESOTSKIY, 154 Wn.2d 1025 (2005)

State, Respondent, v. Pesotskiy, Petitioner. No. 76305-4.The Supreme Court of Washington. July 13, 2005. Petition for review of a decision of the Court of Appeals, No. 52502-6-I, October 11, 2004, 123 Wn. App. 1039. Denied.

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STEMPEL v. OREGON LIFE INS. CO., 157 Wn. 678 (1930)

290 P. 222 MARIJA STEMPEL, Appellant, v. OREGON LIFE INSURANCE COMPANY, Respondent, ANDY GORJUP, Defendant. No. 22355. Department One.The Supreme Court of Washington. July 17, 1930. [1] JURY (17) — RIGHT TO — DEMAND FOR JURY — DISCRETION OF COURT. It is not an abuse of discretion to refuse to reset a case for trial […]

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STATE v. LICHLITER, 131 Wn.2d 1026 (1997)

937 P.2d 1101 State, Respondent, v. Lichliter, Petitioner. No. 65018-7.The Supreme Court of Washington. May 7, 1997. Petition for review of a decision of the Court of Appeals, December 23, 1996, 84 Wn. App. 1048. Denied May 7, 1997.

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STATE EX REL. McINTOSH v. HUTCHINSON, 187 Wn. 61 (1936)

59 P.2d 1117 THE STATE OF WASHINGTON, on the Relation of C.E. McIntosh, Plaintiff, v. E.N. HUTCHINSON, as Secretary of State, Respondent. No. 26299. En Banc.The Supreme Court of Washington. August 1, 1936. [1] OFFICERS (2, 9) — WHO ARE PUBLIC OFFICERS — HOLDING OTHER OFFICE OR EMPLOYMENT. A supervisor, director or manager of a […]

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HARRY v. BEATTY, 177 Wn. 153 (1934)

31 P.2d 97 THOMAS HARRY et al., Respondents, v. J. FRANK BEATTY, Appellant. No. 24817. Department Two.The Supreme Court of Washington. April 4, 1934. [1] AUTOMOBILE — MUTUAL RIGHTS AT CROSSINGS — CONTRIBUTORY NEGLIGENCE — PROXIMATE CAUSE RIGHT OF WAY. Plaintiff approaching an intersection in the favored position is not guilty of contributory negligence in […]

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DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 122 Wn.2d 1009 (1993)

The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Bordenik, Petitioner, No. 60520-3. Petition for review of a decision of the Court of Appeals, No. 30098-9-I, May 28, 1993. Denied September 2, 1993. State, Respondent, v. Scott, Petitioner, No. 60426-6. […]

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BRIDGES v. PATTERSON, 135 Wn. 436 (1925)

237 P. 998 ROBERT BRIDGES, Appellant, v. TOM S. PATTERSON et al., Respondents. No. 19375. Department Two.The Supreme Court of Washington. July 18, 1925. MUNICIPAL CORPORATIONS (61, 66) — EMPLOYEES — REMOVAL — GROUNDS — FINDINGS OF CIVIL SERVICE COMMISSION — REVIEW. Where the civil service commission exonerates a police officer from the charge given […]

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WILLIAMS v. MODERN FOOD STORES, 154 Wn. 358 (1929)

282 P. 203 R.F. WILLIAMS, Respondent, v. MODERN FOOD STORES, INCORPORATED, et al., Appellants. No. 21878. Department One.The Supreme Court of Washington. November 19, 1929. [1] CORPORATIONS (39, 162) — SUBSCRIPTIONS OBTAINED BY MISREPRESENTATIONS — OFFICERS — APPARENT AUTHORITY. The president and principal stockholder, controlling a chain store corporation, who also derives further individual profit […]

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STATE v. TUCKER, 151 Wn. 218 (1929)

275 P. 558 THE STATE OF WASHINGTON, Respondent, v. FRANK E. TUCKER, Appellant. No. 21637. Department One.The Supreme Court of Washington. March 14, 1929. [1] PARENT AND CHILD (4-1, 12) — SUPPORT OF CHILD — PROSECUTION OF FATHER FOR NONSUPPORT — PRESUMPTIONS. The presumption under Rem. Comp. Stat., § 6910, that proof of abandonment of […]

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STATE v. COLE, 156 Wn.2d 1013 (2006)

132 P.3d 146 State, Respondent, v. Cole, Petitioner. No. 77381-5.The Supreme Court of Washington. January 31, 2006. Petition for review of a decision of the Court of Appeals, No. 22602-6-III, June 9, 2005, 128 Wn. App. 1002. Denied. Page 1014

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COOPER v. KINCAID, 151 Wn. 535 (1929)

276 P. 557 FREDERICK COOPER et al., Respondents, v. JULIA KINCAID, Appellant. No. 21529. Department Two.The Supreme Court of Washington. April 18, 1929. [1] FRAUD (5) — FRAUDULENT REPRESENTATIONS — EXISTING FACTS — EARNINGS — RELIANCE ON REPRESENTATIONS. False representations, inducing a trade, that an apartment was rented for forty dollars a month, are of […]

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STATE v. WILLIAMS, 132 Wn.2d 248 (1997)

937 P.2d 1052 THE STATE OF WASHINGTON, Petitioner, v. MICHELE E. WILLIAMS, Respondent. No. 63339-8.The Supreme Court of Washington. En Banc.Argued May 14, 1996. Decided June 5, 1997. Page 249 ALEXANDER and JOHNSON, JJ., dissent by separate opinion. Page 250 Appeal from the The Superior Court for Snohomish County, No. 92-1-00105-0, Richard J. Thorpe, J., […]

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STATE EX REL. LANGLIE v. WRIGHT, 35 Wn.2d 703 (1950)

215 P.2d 407 THE STATE OF WASHINGTON, on the Relation of Arthur B. Langlie, Plaintiff, v. CHARLES T. WRIGHT, as Judge of the Superior Court for Thurston County, Respondent.[1] No. 31336.The Supreme Court of Washington. Department Two. February 18, 1950. [1] Reported in 215 P.2d 407. [1] APPEAL AND ERROR — SUPERSEDEAS — RIGHT TO […]

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STATE v. ALLEN, 162 Wn.2d 1024 (2008)

179 P.3d 839 State, Respondent, v. Allen, Petitioner. No. 79915-6.The Supreme Court of Washington. February 7, 2008. Petition for review of a decision of the Court of Appeals, No. 55957-5-I, January 16, 2007, 136 Wn. App. 1039. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.

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NELSON v. WESTPORT SHIPYARD, INC., 163 Wn.2d 1033 (2008)

Nelson et al., Respondents, v. Westport Shipyard, Inc., et al., Petitioners. No. 80672-1.The Supreme Court of Washington. June 3, 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. 35308-3-II, August 7, 2007, 140 Wn. App. 102. Granted

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NYGAARD v. DEPT. LABOR IND., 51 Wn.2d 659 (1958)

321 P.2d 257 ANDREW NYGAARD, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.[1] No. 34166.The Supreme Court of Washington. Department One. February 6, 1958. [1] Reported in 321 P.2d 257. [1] WORKMEN’S COMPENSATION — APPEAL — SCOPE AND EXTENT. On appeal in an industrial insurance proceeding, the supreme court is not concerned with the […]

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ULVESTAD v. DOLPHIN, 152 Wn. 580 (1929)

278 P. 681 ERIC ULVESTAD, Appellant, v. C.E. DOLPHIN et al., Respondents. No. 21132. En Banc.The Supreme Court of Washington. June 20, 1929. [1] FALSE IMPRISONMENT (2) — PERSONS LIABLE — CHIEF OF POLICE — KEEPER OF PRISON. A chief of police, who by city ordinance is made the “keeper of the city prison,” is […]

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IN RE PERS. RESTRAINT OF TOBIN, 165 Wn.2d 172 (2008)

196 P.3d 670 In the Matter of the Personal Restraint of DOUGLAS JOHN MARTIN TOBIN, Petitioner. No. 81110-5.The Supreme Court of Washington.Argued September 25, 2008. Decided November 26, 2008. Page 173 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 174 Susan M. […]

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STATE v. FISHER, 160 Wn.2d 1005 (2007)

156 P.3d 903 State, Respondent, v. Fisher, Petitioner. No. 78478-7.The Supreme Court of Washington. May 2, 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. 54986-3-I and 54987-1-I, January 9, 2006, 131 Wn. App. 125. Petitioner Fisher’s petition for […]

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STATE v. KYLLO, 166 Wn.2d 856 (2009)

215 P.3d 177 THE STATE OF WASHINGTON, Respondent, v. KENNETH LEE KYLLO, Petitioner. No. 81164-4.The Supreme Court of Washington.Argued May 26, 2009. Decided September 3, 2009. Page 857 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 858 Appeal from the Superior Court […]

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SHELL OIL CO. v. HENRY, 175 Wn. 298 (1933)

27 P.2d 582 SHELL OIL COMPANY, Appellant, v. JOHN W. HENRY et al., Respondents. No. 24698. Department Two.The Supreme Court of Washington. December 4, 1933. [1] APPEAL AND ERROR (478) — COURTS (35) — RULE OF DECISION — PREVIOUS DECISIONS AS CONTROLLING — STARE DECISIS. Former decisions on identical facts, standing as the law of […]

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PRICE v. KITSAP TRANSIT, 136 Wn.2d 1001 (1998)

966 P.2d 901 Price, et al., Petitioners, v. Kitsap Transit, Respondent. No. 65687-8.The Supreme Court of Washington. September 2, 1998. Petition for review of a decision of the Court of Appeals, January 23, 1998, 89 Wn. App. 1021. Denied September 2, 1998. Page 1002

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KOMMAVONGSA v. HASKELL, 149 Wn.2d 288 (2003)

67 P.3d 1068 KHENE KOMMAVONGSA, Individually and as Guardian, Appellant, v. STEPHEN HASKELL, ET AL., Respondents. PHOUKEO NAMMATHAO, Individually and as Guardian, Appellant, v. STEPHEN HASKELL, ET AL., Respondents. No. 71713-3.The Supreme Court of Washington.Argued May 16, 2002. Decided May 1, 2003. Page 289 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

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REID v. DEPARTMENT OF LABOR INDUSTRIES, 194 Wn. 108 (1938)

77 P.2d 589 FRANK REID, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant. No. 26409. En Banc.The Supreme Court of Washington. March 17, 1938. [1] APPEAL AND ERROR — RECORD — STATEMENT OF FACTS — TIME FOR FILING. A statement of facts not filed within ninety days as required by Rule of Practice VII […]

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CYPERT v. NALLEY’S INC., 163 Wn. 703 (1931)

300 P. 528 J.R. CYPERT et al., Appellant, v. NALLEY’S, INC., Respondent. No. 22757. En Banc.The Supreme Court of Washington. June 22, 1931. Appeal from a judgment of the superior court for Pierce county, Remann, J., entered June 5, 1930, in favor of defendant Nalley’s, Inc., notwithstanding a verdict for the plaintiff, in an action […]

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STATE v. SLANEY, 68 Wn.2d 93 (1966)

411 P.2d 426 THE STATE OF WASHINGTON, Respondent, v. CHARLES W. SLANEY, Appellant.[*] No. 38207.The Supreme Court of Washington. Department One. February 24, 1966. [*] Reported in 411 P.2d 426. [1] Criminal Law — Evidence — Other Offenses. In a prosecution for larceny where the defendant was charged with obtaining a cashier’s check from various […]

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HAFT v. NORTHERN PAC. R. CO., 64 Wn.2d 957 (1964)

395 P.2d 482 GUS HAFT, Appellant, v. NORTHERN PACIFIC RAILWAY COMPANY, Respondent.[*] No. 36516.The Supreme Court of Washington. Department Two. September 24, 1964. [*] Reported in 395 P.2d 482. [1] Appeal and Error — Assignments of Error — Clarity. A motion to strike the appellant’s brief for failure to clearly state his assignments of error […]

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ROGERS v. DOHERTY, 133 Wn. 298 (1925)

233 P. 1118 F.G. ROGERS, Respondent, v. IDA A. DOHERTY, Appellant. No. 19029. Department One.The Supreme Court of Washington. March 6, 1925. APPEAL (418) — REVIEW — FINDINGS. Findings will not be disturbed on appeal where it is clear the evidence does not preponderate against them. Appeal from a judgment of the superior court for […]

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NW. CASCADE v. CUSTOM COMPONENT, 83 Wn.2d 453 (1974)

519 P.2d 1 NORTHWEST CASCADE CONSTRUCTION, INC., et al., Respondents, v. CUSTOM COMPONENT STRUCTURES, INC., Petitioner. No. 42862.The Supreme Court of Washington. En Banc. February 21, 1974. [1] Contracts — Licenses — Contractor Registration — Independent Business. Under RCW 18.27.010, which defines a contractor for purposes of the contractor registration law as one engaged in […]

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ELMORE v. McCONAGHY, 92 Wn. 263 (1916)

159 P. 108 A.S. ELMORE, Respondent, v. HUGH McCONAGHY, Appellant.[1] No. 12975.The Supreme Court of Washington. July 21, 1916. [1] Reported in 159 Pac. 108. PARTNERSHIP — DISSOLUTION — AGREEMENT — ACCOUNTING — FRAUD. In the absence of fraud, overreaching, undue influence, or reliance on fiduciary relations, the dissolution of a partnership by mutual agreement […]

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STATE v. BENNETT, 158 Wn.2d 1010 (2006)

State, Respondent, v. Bennett, Petitioner. No. 78377-2.The Supreme Court of Washington. October 31, 2006. Petition for review of a decision of the Court of Appeals, No. 32896-8-II, January 24, 2006, 131 Wn. App. 319. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Granted on a limited issue.

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ACKERSON v. HAMA HAMA LOGGING CO., 164 Wn. 671 (1931)

4 P.2d 638 O.W. ACKERSON et al., Respondents, v. HAMA HAMA LOGGING COMPANY et al., Appellants. No. 23180. Department One.The Supreme Court of Washington. October 29, 1931. [1] TRIAL (136, 140) — VERDICT — SPECIAL INTERROGATORIES — POWER OF COURT — FAILURE TO ANSWER. The granting or refusing of special interrogatories to the jury being […]

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STATE v. AKKERMAN, 163 Wn.2d 1004 (2008)

180 P.3d 783 State, Petitioner, v. Akkerman, Respondent. No. 80233-5.The Supreme Court of Washington. March 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. 24956-5-III, May 10, 2007, 138 Wn. App. 1037. Denied.

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MacKENZIE v. EMPIRE INSURANCE, 113 Wn.2d 754 (1989)

782 P.2d 1063 CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN DENICE K. MacKENZIE, Individually and as Personal Representative, ET AL, Plaintiffs, v. EMPIRE INSURANCE COMPANIES, ET AL, Defendants. No. 55798-5.The Supreme Court of Washington. En Banc. December 7, 1989. [1] Insurance — Underinsured Motorist — Excess Coverage — […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 100 Wn.2d 1034 (1983)

The Supreme Court of Washington. Bosma, et al, Petitioners, v. Mear, et al, Respondents, No. 50048-7. Petition for review of a decision of the Court of Appeals, April 12, 1983, 34 Wn. App. 1032. Denied December 16, 1983. State, Respondent, v. Zamora, Petitioner, No. 50049-5. Petition for review of a decision of the Court of […]

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STATE v. SAMUELSEN, 129 Wn.2d 1027 (1996)

922 P.2d 98 State, Respondent, v. Samuelsen, Petitioner. No. 64042-4.The Supreme Court of Washington. September 3, 1996. Petition for review of a decision of the Court of Appeals, April 12, 1996, 81 Wn. App. 1011. Denied September 3, 1996. Page 1028

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IDEAL INVESTMENT CO. v. NEELY, 147 Wn. 667 (1928)

267 P. 46 IDEAL INVESTMENT COMPANY, INCORPORATED, Respondent, v. ROBERT NEELY et al., Appellants, J.C. HAAS et al., Defendants. No. 20989. Department One.The Supreme Court of Washington. May 10, 1928. [1] CONTINUANCE (20) — SURPRISE AT TRIAL — AMENDMENT OF PLEADINGS. It is not an abuse of discretion to refuse a continuance because of the […]

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STATE v. JAMES, 165 Wn. 120 (1931)

4 P.2d 879 THE STATE OF WASHINGTON, Respondent, v. DOUGLAS JAMES, Appellant. No. 23439. Department Two.The Supreme Court of Washington. November 6, 1931. [1] CRIMINAL LAW (183) — ROBBERY (8) — IDENTIFICATION — EVIDENCE — SUFFICIENCY. In a prosecution for robbery, the sufficiency of the identification of the accused is for the jury, where two […]

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STATE v. KNIPPLING, 156 Wn.2d 1011 (2006)

132 P.3d 145 State, Respondent, v. Knippling, Petitioner. No. 77199-5.The Supreme Court of Washington. January 31, 2006. Petition for review of a decision of the Court of Appeals, Nos. 22217-9-III and 23708-7-III, March 31, 2005, 126 Wn. App. 1045. Denied. Page 1012

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STATE v. CHAMBERS, 50 Wn.2d 139 (1957)

309 P.2d 1055 THE STATE OF WASHINGTON, Respondent, v. WILLARD A. CHAMBERS et al., Appellants.[1] No. 33683.The Supreme Court of Washington. Department Two. April 18, 1957. [1] Reported in 309 P.2d 1055. [1] RAPE — NATURE AND ELEMENTS — WANT OF CONSENT. In a prosecution for rape, it is incumbent upon the state to show […]

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STATE v. LYDON, 40 Wn.2d 88 (1952)

241 P.2d 202 THE STATE OF WASHINGTON, Plaintiff, v. JOHN E. LYDON, Defendant and Relator.[1] No. 31978.The Supreme Court of Washington. Department Two. February 21, 1952. [1] Reported in 241 P.2d 202. [1] CRIMINAL LAW — TIME OF TRIAL — RIGHT TO SPEEDY TRIAL — WAIVER. In a criminal prosecution, a motion to dismiss the […]

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STATE v. MERKT, 154 Wn.2d 1028 (2005)

State, Respondent, v. Merkt, Petitioner. No. 76567-7.The Supreme Court of Washington. July 13, 2005. Petition for review of a decision of the Court of Appeals, No. 22223-3-III, December 9, 2004, 124 Wn. App. 607. Denied.

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DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 118 Wn.2d 1031 (1991)

The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Dukowitz, Petitioner, No. 58602-1. Petition for review of a decision of the Court of Appeals, August 19, 1991, 62 Wn. App. 418. Denied April 1, 1992. Civil Serv. Employees’ Ins. Co., […]

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HENRIOD v. HENRIOD, 198 Wn. 519 (1939)

90 P.2d 222 KATIE HENRIOD, Appellant, v. KATHERINE E. HENRIOD, Individually and as Executrix, Respondent. No. 27403. Department Two.The Supreme Court of Washington. April 10, 1939. [1] TRIAL — COURSE AND CONDUCT — REMARKS AND CONDUCT OF JUDGE. In an action tried to the court, the remarks and statements of the judge at the time […]

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MACRI v. BAY CONSTRUCTION CO., 33 Wn.2d 625 (1949)

206 P.2d 797 SAM MACRI et al., Appellants, v. BAY CONSTRUCTION COMPANY, INC., Respondent.[1] No. 30543.The Supreme Court of Washington. Department Two. June 2, 1949. [1] Reported in 206 P.2d 797. [1] APPEAL AND ERROR — REVIEW — FINDINGS. While the supreme court is not absolutely bound by the trial court’s findings on disputed evidence, […]

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PATTERSON v. LEUNG, 136 Wn.2d 1012 (1998)

Patterson, et al., Petitioners, v. Leung, et al., Respondents. No. 65664-9.The Supreme Court of Washington. September 2, 1998. Petition for review of a decision of the Court of Appeals, No. 39913-6-I, June 6, 1997. Denied September 2, 1998.

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MOE v. WOLTER, 136 Wn. 696 (1925)

240 P. 565 EDWARD C. MOE, Respondent, v. ANTONE E. WOLTER, Appellant. No. 19104. En Banc.The Supreme Court of Washington. November 13, 1925. Appeal from an order of the superior court for Snohomish county, Alston, J., entered September 19, 1924, upon sustaining a demurrer to the petition, denying the vacation of a judgment. Reversed. William […]

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CHARETTE v. AMERICAN ETC. CO., 49 Wn.2d 777 (1957)

307 P.2d 252 ROBERT L. CHARETTE, as Guardian, Respondent, v. AMERICAN SURETY COMPANY OF NEW YORK et al., Appellants.[1] No. 33734.The Supreme Court of Washington. Department One. February 7, 1957. [1] Reported in 307 P.2d 252. [1] PRINCIPAL AND AGENT — RIGHTS AND LIABILITIES AS TO THIRD PERSONS — POWERS OF AGENT — EVIDENCE AS […]

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RAYONIER INCORPORATED v. STATE, 8 Wn.2d 731 (1941)

112 P.2d 546 RAYONIER INCORPORATED, Respondent, v. THE STATE OF WASHINGTON, Appellant.[1] No. 28168.The Supreme Court of Washington. En Banc. April 17, 1941. [1] Reported in 112 P.2d 546. Appeal from a judgment of the superior court for Thurston county, Wilson, J., entered July 15, 1940, upon findings in favor of the plaintiff, in an […]

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WARDHAUGH v. WEISFIELD’S, INC., 43 Wn.2d 865 (1953)

264 P.2d 870 HENRY E. WARDHAUGH et al., Appellants, v. WEISFIELD’S, INC., Respondent.[1] No. 32522.The Supreme Court of Washington. Department Two. December 17, 1953. [1] Reported in 264 P.2d 870. [1] JUDGMENT — NOTWITHSTANDING VERDICT. On appeal from a judgment notwithstanding the verdict, the supreme court will assume the truth of the evidence submitted by […]

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STATE v. PAVELICH, 153 Wn. 701 (1929)

279 P. 1107 THE STATE OF WASHINGTON, Respondent, v. JOHN PAVELICH et al., Appellants. No. 21167. En Banc.The Supreme Court of Washington. August 9, 1929. Appeal from judgments of the superior court for Spokane county, Witt, J., entered October 29, 1927, upon a trial and conviction of being jointists. Affirmed as to the defendant Chatovich; […]

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WINKENWERDER v. YAKIMA, 52 Wn.2d 617 (1958)

328 P.2d 873 ROY WINKENWERDER, Respondent, v. THE CITY OF YAKIMA et al., Appellants, REPUBLIC PUBLISHING COMPANY, Respondent.[1] No. 34082.The Supreme Court of Washington. Department One. July 24, 1958. [1] Reported in 328 P.2d 873. [1] MUNICIPAL CORPORATIONS — GOVERNMENTAL POWERS AND FUNCTIONS — LEGISLATIVE POWERS — LIMITATIONS. A city of the first class has […]

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SHEEHAN v. TRANSIT AUTH., 155 Wn.2d 790 (2005)

123 P.3d 88 PATRICK J. SHEEHAN ET AL., Appellants, v. THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ET AL., Respondents. No. 76036-5.The Supreme Court of Washington.Argued May 19, 2005. Decided November 10, 2005. Page 791 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

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PADDOCK v. TODD, 37 Wn.2d 711 (1950)

225 P.2d 876 GEORGE R. PADDOCK, Appellant, v. LEROY L. TODD et al., Respondents and Cross-appellants.[1] No. 31457.The Supreme Court of Washington. Department One. December 28, 1950. [1] Reported in 225 P.2d 876. [1] APPEAL AND ERROR — REVIEW — FINDINGS — IN EQUITABLE ACTIONS. An equity case is tried by the supreme court de […]

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VALLEY VIEW v. REDMOND, 107 Wn.2d 621 (1987)

733 P.2d 182 VALLEY VIEW INDUSTRIAL PARK, Respondent, v. THE CITY OF REDMOND, Appellant. No. 50990-5.The Supreme Court of Washington. En Banc. February 12, 1987. [1] Appeal — Assignments of Error — Argument — Necessity — In General. Assignments of error which are not supported by argument in a brief are deemed abandoned. [2] Zoning […]

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