150 P.2d 829 R.J. RAYMOND, as Trustee and Assignee, et al., Respondents, v. E.F. MACFADDEN et al., Defendants, E.F. MACFADDEN, Appellant.[1] No. 29140.The Supreme Court of Washington. Department Two. August 11, 1944. [1] Reported in 150 P.2d 829. [1] TRUSTS — CREATION — CONSTRUCTIVE TRUSTS — FRAUD OR OTHER WRONG IN ACQUISITION OF PROPERTY. When […]
Category: Washington Supreme Court Opinions
HAWLEY v. MELLEM, 66 Wn.2d 765 (1965)
405 P.2d 243 MARJORIE L. HAWLEY, as Administratrix, Appellant, v. CHESTER LEROY MELLEM et al., Respondents.[*] No. 37062.The Supreme Court of Washington. En Banc. September 2, 1965. [*] Reported in 405 P.2d 243. [1] Trial — Action — Consolidation. The consolidation of claims for trial is a matter within the discretion of the trial court, […]
STATE v. RYAN, 48 Wn.2d 304 (1956)
293 P.2d 399 THE STATE OF WASHINGTON, Respondent, v. THEODORE M. RYAN, Appellant.[1] No. 33080.The Supreme Court of Washington. En Banc. February 9, 1956. [1] Reported in 293 P.2d 399. [1] CRIMINAL LAW — PRELIMINARY PROCESS — NECESSITY. Where, for any reason, an arrest is invalid, but the defendant enters a plea of not guilty […]
ERICKSON v. DEP’T OF NATURAL RES., 156 Wn.2d 1021 (2006)
132 P.3d 735 Erickson, Petitioner, v. Dep’t of Natural Res., Respondent. No. 77447-1.The Supreme Court of Washington. March 8, 2006. Petition for review of a decision of the Court of Appeals, No. 31569-6-II, May 10, 2005, 127 Wn. App. 1024. Denied.
MERIWEATHER v. PETERSON, 183 Wn. 78 (1935)
48 P.2d 220 WILBUR MERIWEATHER et al., Respondents, v. GEORGE A. PETERSON et al., Appellants. No. 25360. Department One.The Supreme Court of Washington. August 13, 1935. [1] EASEMENTS (12) — IMPLIED EASEMENTS — EVIDENCE — SUFFICIENCY. There was no implied easement for a drainage ditch, within the rule requiring (1) a separation of title, (2) […]
STATE v. WALKER, 136 Wn.2d 1002 (1998)
966 P.2d 902 State, Respondent, v. Walker, Petitioner. No. 65692-4.The Supreme Court of Washington. September 2, 1998. Petition for review of a decision of the Court of Appeals, February 3, 1998, 90 Wn. App. 41. Denied September 2, 1998.
DISPOSITIONS OF PETITIONS FOR REVIEW, 108 Wn.2d 1024 (1987)
The Supreme Court of Washington. State, Respondent, v. Kendrick, Petitioner, No. 53995-2. Petition for review of a decision of the Court of Appeals, May 11, 1987, 47 Wn. App. 620. Denied July 1, 1987. State, Petitioner, v. Nelson, Respondent, No. 53999-5. Petition for review of a decision of the Court of Appeals, May 4, 1987, […]
STATE v. NOBLE, 74 Wn.2d 963 (1968)
442 P.2d 1000 THE STATE OF WASHINGTON, Appellant, v. RALPH S. NOBLE, Respondent.[*] No. 39715.The Supreme Court of Washington. Department One. June 27, 1968. [*] Reported in 442 P.2d 1000. Appeal from a judgment of the Superior Court for Island County, No. 1779, Charles F. Stafford, J., entered May 26, 1967 Affirmed. Prosecution for driving […]
STATE v. GARRISON, 137 Wn. 577 (1926)
243 P. 373 THE STATE OF WASHINGTON, Respondent, v. RUTH GARRISON, Appellant. No. 19292. En Banc.The Supreme Court of Washington. February 18, 1926. [1] INSANE PERSONS (22) — CONFINEMENT OF INSANE CRIMINALS — APPLICATION FOR DISCHARGE — SUFFICIENCY. Upon petition for a trial as to the present sanity of a convict found not guilty of […]
STATE v. DONAGHE, 168 Wn.2d 1010 (2010)
227 P.2d 853 State, Respondent, v. Donaghe, Petitioner. No. 83738-4.The Supreme Court of Washington. March 3, 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. 37008-5-II, September 3, 2009, 152 Wn. App. 97. Granted and case consolidated under No. […]
PETERSON v. THORVALDSEN, 45 Wn.2d 376 (1954)
274 P.2d 844 RUDOLPH PETERSON, Respondent, v. J.A. THORVALDSEN, Appellant.[1] No. 32786.The Supreme Court of Washington. Department One. October 7, 1954. [1] Reported in 274 P.2d 844. [1] See 95 A.L.R. 1180; 5 Am. Jur. 634. [1] AUTOMOBILES — LIABILITY FOR INJURIES — HOST AND GUEST — ACTIONS — AMENDED COMPLAINT — SUFFICIENCY TO INTRODUCE […]
SEVIGNY v. O’NEILL, 154 Wn. 393 (1929)
282 P. 215 B. SEVIGNY et al., Respondents, v. WARD O’NEILL, Appellant. No. 21983. Department Two.The Supreme Court of Washington. November 26, 1929. [1] VENDOR AND PURCHASER (63, 68) — RESCISSION OF CONTRACT — RIGHT TO RESCIND — DEFECT IN TITLE OF VENDOR — DEFECTS CURABLE BEFORE CONVEYANCE. The purchaser under an executory contract is […]
HALL v. MALSTROM, 29 Wn.2d 746 (1948)
189 P.2d 471 WILLIAM J.M. HALL, Respondent, v. KATHRYN E. MALSTROM, as Director of the Department of Social Security, Appellant.[1] No. 30133.The Supreme Court of Washington. Department Two. February 2, 1948. [1] Reported in 189 P.2d 471. [1] TRUSTS — EXPRESS TRUSTS — TERMINATION. A trust may be terminated at any time, where the trustor […]
PENNEY v. PENNEY, 151 Wn. 328 (1929)
275 P. 710 RALPH E. PENNEY, Appellant, v. NELLY PENNEY, Respondent. No. 21683. Department One.The Supreme Court of Washington. March 25, 1929. [1] PARENT AND CHILD (1) — DIVORCE (106-1) — CUSTODY OF CHILD — DECREE — ENFORCEMENT — RIGHTS OF STRANGERS. A father, being a fit and proper person to have the custody of […]
STATE v. OAK, 154 Wn.2d 1005 (2005)
State, Respondent, v. Oak, Petitioner. No. 76057-8.The Supreme Court of Washington. May 3, 2005. Petition for review of a decision of the Court of Appeals, No. 22074-5-III, August 12, 2004, 122 Wn. App. 1070. Denied.
PITTS v. PERCY, 49 Wn.2d 445 (1956)
302 P.2d 476 C.E. PITTS, Respondent and Cross-appellant, v. F.D. PERCY et al., Appellants.[1] No. 33591.The Supreme Court of Washington. Department Two. October 25, 1956. [1] Reported in 302 P.2d 476. [1] STIPULATIONS — CONTRACTS — PERFORMANCE OR BREACH — WAIVER OF BREACH BY STIPULATION. In an action to quiet title to a tractor which […]
SEATTLE-FIRST v. SHORELINE CONCRETE, 91 Wn.2d 230 (1978)
588 P.2d 1308 SEATTLE-FIRST NATIONAL BANK, Petitioner, v. SHORELINE CONCRETE CO., ET AL, Respondents. No. 44996.The Supreme Court of Washington. En Banc. December 28, 1978. [1] Torts — Multiple Tort-Feasors — Nature of Liability. Both joint and concurrent tort-feasors are personally liable for any injury for which their tortious act is a proximate cause. Whether […]
RILEY v. RUTZ, 143 Wn. 113 (1927)
254 P. 849 JACK RILEY, Respondent, v. HENRY RUTZ, Appellant. No. 20240. Department Two.The Supreme Court of Washington. March 31, 1927. [1] MALICIOUS PROSECUTION (17-1) — ACTIONS — QUESTION FOR JURY. In an action for malicious prosecution, the question of probable cause for charging the theft of a battery is for the jury, where there […]
STATE v. RAMIREZ, 163 Wn.2d 1036 (2008)
State, Respondent, v. Ramirez, Petitioner. No. 80678-1.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. 35158-7-II, August 21, 2007, 140 Wn. App. 278. Denied.
STATE EX REL. HARLIN v. SUPERIOR COURT, 139 Wn. 282 (1926)
247 P. 4 THE STATE OF WASHINGTON, on the Relation of Robert H. Harlin et al., Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, Respondent. No. 19921. Department One.The Supreme Court of Washington. June 10, 1926. [1] MUNICIPAL CORPORATIONS (119-1, 124) — PUBLIC IMPROVEMENTS — STREET RAILWAY — SUBMISSION TO POPULAR VOTE. The city of […]
CONTRACTORS v. ELLENSBURG SCHOOL DIST., 96 Wn.2d 806 (1982)
638 P.2d 1220 PAINTING DECORATING CONTRACTORS OF AMERICA, INC., Appellant, v. ELLENSBURG SCHOOL DISTRICT, Respondent. No. 47896-1.The Supreme Court of Washington. En Banc. January 14, 1982. [1] Schools and School Districts — Public Contracts — Competitive Bidding — Maintenance Work. Maintenance work on school district facilities constitutes “other work” within the meaning of RCW 28A.58.135, […]
MORGAN v. MORGAN, 59 Wn.2d 639 (1962)
369 P.2d 516 WENDAL A. MORGAN, Appellant, v. MARIAN MORGAN, Respondent.[*] No. 35766.The Supreme Court of Washington. Department Two. March 15, 1962. [*] Reported in 369 P.2d 516. [1] DIVORCE — ALIMONY — NATURE AND RIGHT. Alimony is not a matter of right, and when a wife has the ability to earn a living, it […]
ROURKE v. DEPT. LABOR IND., 41 Wn.2d 310 (1952)
249 P.2d 236 GEORGE W. ROURKE et al., Respondents, v. THE DEPARTMENT OF LABOR AND INDUSTRIES et al., Appellants.[1] No. 32075.The Supreme Court of Washington. En Banc. October 16, 1952. [1] Reported in 249 P.2d 236. [1] STATUTES — TITLES AND SUBJECTS — CONSTITUTIONAL REQUIREMENTS — PURPOSES. The purposes of Const. Art. II, § 19, […]
FROTHINGER v. SERIER, 57 Wn.2d 780 (1961)
360 P.2d 140 ALINE FROTHINGER, as Guardian of Claudia Snodderly, a Minor, Respondent, v. KENNETH E. SERIER, as Administrator of the Estate of Harry Van Winkle, Deceased, Appellant.[1] No. 35646.The Supreme Court of Washington. Department One. March 2, 1961. [1] Reported in 360 P.2d 140. [1] EVIDENCE — WEIGHT AND SUFFICIENCY — DEGREE OF PROOF. […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 121 Wn.2d 1024 (1993)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Duckworth, Petitioner, No. 60244-1. Petition for review of a decision of the Court of Appeals, December 31, 1992, 68 Wn. App. 1026. Denied June 9, 1993. Dickerson, Petitioner, v. Employment Sec. […]
BROUGHTON v. OREGON-WASHINGTON R. N. CO., 138 Wn. 298 (1926)
244 P. 558 EVA LENA BROUGHTON, as Administratrix of the Estate of G.E. Broughton, Deceased, Appellant, v. OREGON-WASHINGTON RAILROAD AND NAVIGATION COMPANY, Respondent. No. 19507. Department One.The Supreme Court of Washington. March 29, 1926. [1] MASTER AND SERVANT (98) — RISKS ASSUMED BY SERVANT — KNOWLEDGE OF DANGER. An employee in hazardous work on the […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 121 Wn.2d 1001 (1993)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Corp, et al, Respondents, v. ARCO, Petitioner, No. 59901-7. Petition for review of a decision of the Court of Appeals, October 5, 1992, 67 Wn. App. 520. Granted March 4, 1993. State, Respondent, v. […]
RUVALCABA ET AL. v. KWANG HO BAEK ET AL., 171 Wn.2d 1031 (2011)
257 P.3d 662 Ruvalcaba et al., Respondents, v. Kwang Ho Baek et al., Petitioners, Kitchin et al., Respondents. No. 85732-6.The Supreme Court of Washington. July 13, 2011. Petition for review of a decision of the Court of Appeals, No. 63572-7-I, January 31, 2011, 159 Wn. App. 702. Granted.
SPEZIA v. SPEZIA, 57 Wn.2d 281 (1960)
356 P.2d 588 ALMA M. SPEZIA, Appellant, v. WILLIAM L. SPEZIA, Respondent.[1] No. 35092.The Supreme Court of Washington. Department Two. November 9, 1960. [1] Reported in 356 P.2d 588. [1] DIVORCE — GROUNDS — EVIDENCE — SUFFICIENCY — CRUEL TREATMENT RENDERING LIFE BURDENSOME. In a divorce proceeding, tried on the cross-complaint of the husband after […]
STATE EX REL. DUNBAR v. SHIELDS, 140 Wn. 143 (1926)
248 P. 403 THE STATE OF WASHINGTON, on the relation of John H. Dunbar, Appellant, v. WILLIAM W. SHIELDS, Respondent. No. 19570. Department Two.The Supreme Court of Washington. August 12, 1926. [1] TAXATION (230) — DISPOSITION OF TAXES COLLECTED — INTEREST, PENALTIES AND COSTS. Rem. Comp. Stat., § 11252, providing that the county treasurer shall […]
CITY NAT. BK. OF ANCHORAGE v. MOLITOR, 63 Wn.2d 737 (1964)
388 P.2d 936 CITY NATIONAL BANK OF ANCHORAGE, Appellant, v. F.H. MOLITOR et al., Respondents, THE BANK OF CALIFORNIA, Defendant.[*] No. 36847.The Supreme Court of Washington. Department One. January 30, 1964. [*] Reported in 388 P.2d 936. [1] Contracts — Conditions — Condition Subsequent. A promise by a party to a contract that would extinguish […]
HARMON v. MERRICK, 62 Wn.2d 171 (1963)
381 P.2d 614 BRINTON L. HARMON, Appellant, v. JOHN H. MERRICK, et al., Respondents.[*] No. 36328.The Supreme Court of Washington. Department One. May 16, 1963. [*] Reported in 381 P.2d 614. [1]Negligence — Contributory Negligence — Proof. Contributory negligence must be proved by a preponderance of the evidence, and the burden rests upon the party […]
STATE v. DAVIS, 121 Wn.2d 1 (1993)
846 P.2d 527 THE STATE OF WASHINGTON, Petitioner, v. KENNETH WAYNE DAVIS, Respondent. No. 59102-4.The Supreme Court of Washington. En Banc. March 4, 1993. [1] Trial — Instructions — Theory of Case — Evidence in Support. A theory of the case lacking evidence in support should not be the subject of an instruction. [2] Criminal […]
STATE v. KING, 160 Wn.2d 1019 (2007)
163 P.3d 793 State, Respondent, v. King, Petitioner. No. 78352-7.The Supreme Court of Washington. July 10, 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. 55081-1-I, January 23, 2006, 131 Wn. App. 789. Denied.
IN RE MARRIAGE OF OLSON-GERACE, 151 Wn.2d 1028 (2004)
In re Marriage of Olson-Gerace. No. 74763-6.The Supreme Court of Washington. June 2, 2004. Petition for review of a decision of the Court of Appeals, No. 50668-4-I, August 18, 2003, 118 Wn. App. 1012. Denied June 2, 2004.
SWANSON v. ANDERSON, 180 Wn. 284 (1934)
38 P.2d 1064 A.L. SWANSON, Respondent, v. J.C. ANDERSON et al., Appellants. No. 25139. Department Two.The Supreme Court of Washington. December 31, 1934. [1] HOMESTEAD (12) — PROPERTY CONSTITUTING — EQUITY UNDER EXECUTORY CONTRACT — LOSS OF RIGHT TO POSSESSION — EFFECT. The right of a vendee of land, under an executory contract, to claim […]
IN RE FINCH, 156 Wn. 609 (1930)
287 P. 677 In the Matter of the Proceedings for the Disbarment of JERRIE L. FINCH. No. C.D. 1137. En Banc.The Supreme Court of Washington. May 6, 1930. [1] ATTORNEY AND CLIENT (7-1) — DISBARMENT — GROUNDS — CONVICTION OF CRIME — JUDGMENTS OF FEDERAL COURTS. Under Rem. Comp. Stat., § 139-14, providing that an […]
POLYGRAM MUSIC PUBL., INC. v. GEN. INS. CO. OF AM., 131 Wn.2d 1002 (1997)
Polygram Music Publ., Inc., et al., Petitioners, v. General Ins. Co. of Am., Respondent. No. 64515-9.The Supreme Court of Washington. February 4, 1997. Petition for review of a decision of the Court of Appeals, July 22, 1996, 84 Wn. App. 1086. Denied February 4, 1997.
HANSON v. BLACKWELL MOTOR COMPANY, 143 Wn. 547 (1927)
255 P. 939 PETER HANSON, Appellant, v. BLACKWELL MOTOR COMPANY, Respondent. IDA OLSEN, Appellant, v. BLACKWELL MOTOR COMPANY, Respondent. No. 20345. Department One.The Supreme Court of Washington. April 22, 1927. [1] CONTRACTS (79, 80) — PRIVITY — RIGHTS OF THIRD PERSONS. A garage owner’s breach of contract to repair the steering wheel of an automobile, […]
TAYLOR v. LUBETICH, 2 Wn.2d 6 (1939)
97 P.2d 142 JOSEPH B. TAYLOR, Respondent, v. PETE LUBETICH et al., Appellants.[1] No. 27611.The Supreme Court of Washington. Department One. December 16, 1939. [1] Reported in 97 P.2d 142. [1] AUTOMOBILES — LIABILITY FOR INJURIES — NEGLIGENCE — DRIVING ON WRONG SIDE OF ROAD — EVIDENCE — SUFFICIENCY. In an automobile collision case, where […]
BAIRD v. WEBB, 160 Wn. 157 (1931)
294 P. 1000 J. BERTRAM BAIRD et al., Appellants, v. EDWARD WEBB, Respondent. No. 22475. Department Two.The Supreme Court of Washington. January 5, 1931. [1] EVIDENCE (203) — OPINION EVIDENCE — SUBJECTS OF EXPERT TESTIMONY — DISTANCES. Non-expert witnesses who measured the ground or are familiar with the location may testify as to the distances […]
STATE v. Marlow, 160 Wn.2d 1025 (2007)
163 P.3d 794 State, Respondent, v. Marlow, Petitioner. No. 79411-1.The Supreme Court of Washington. July 11, 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. 33872-6-II, October 6, 2006. Denied.
STATE v. WHITFIELD, 170 Wn.2d 1031 (2011)
249 P.3d 624 State, Respondent, v. Whitfield, Petitioner. No. 85228-6.The Supreme Court of Washington. February 2, 2011. Petition for review of a decision of the Court of Appeals, No. 63992-7-1, September 27, 2010, 157 Wn. App. 1071. Denied.
WEYERHAEUSER v. KING COUNTY, 91 Wn.2d 721 (1979)
592 P.2d 1108 WEYERHAEUSER COMPANY, Respondent, v. KING COUNTY, Appellant. No. 44770.The Supreme Court of Washington. En Banc. March 29, 1979. [1] Statutes — Application — Determination. Whether a particular activity falls within statutory terms whose meaning is clear is a question of fact. [2] Environment — Shoreline Management Act — Development — “Dumping” and […]
STATE v. LESH, 132 Wn. 309 (1925)
232 P. 302 THE STATE OF WASHINGTON, Respondent, v. W.J. LESH, Appellant. No. 18934. Department One.The Supreme Court of Washington. January 9, 1925. INTOXICATING LIQUORS (30, 51) — JOINTIST — ILLEGAL POSSESSION — PRIMA FACIE EVIDENCE — INSTRUCTIONS. In a prosecution for being a jointist, it is error to refuse a requested instruction to the […]
CAUGHEY v. EMP. SEC. DEP’T, 81 Wn.2d 597 (1972)
503 P.2d 460 EVERS E. CAUGHEY, Respondent, v. THE EMPLOYMENT SECURITY DEPARTMENT, Appellant. ARTHUR C. FORD, Respondent, v. THE EMPLOYMENT SECURITY DEPARTMENT, Appellant. OWEN V. DURKIN, Respondent, v. THE EMPLOYMENT SECURITY DEPARTMENT, Appellant. No. 42138.The Supreme Court of Washington. En Banc. November 22, 1972. [1] Constitutional Law — Class Legislation — Constitutional Requirements. Statutory classifications […]
ROTH v. HAVENS, INC., 56 Wn.2d 393 (1960)
353 P.2d 159 PHILLIP ROTH et al., Respondents, v. HAVENS, INC., et al., Appellants.[1] No. 35099.The Supreme Court of Washington. Department Two. June 23, 1960. [1] Reported in 353 P.2d 159. [1] APPEAL AND ERROR — REVIEW — JUDGMENT NOTWITHSTANDING VERDICT. Where an appellant assigns error to the trial court’s denial of his motion for […]
GUARANTY TR. CO. v. CONTINENTAL LIFE INS. CO., 159 Wn. 683 (1930)
294 P. 585 GUARANTY TRUST COMPANY, as Administrator, Appellant, v. CONTINENTAL LIFE INSURANCE COMPANY, Respondent. No. 22581. Department One.The Supreme Court of Washington. December 29, 1930. [1] INSURANCE (83) — AVOIDANCE OF POLICY — HEALTH AND PHYSICAL CONDITION — PRESUMPTION OF SANITY. The issuance of an accident policy raises the presumption that insured was of […]
STATE v. BRUEMMER, 133 Wn. 579 (1925)
234 P. 448 THE STATE OF WASHINGTON, Respondent, v. HENRY BRUEMMER, Appellant. No. 19010. Department One.The Supreme Court of Washington. April 2, 1925. FALSE PRETENSES (13) — EVIDENCE — ADMISSIBILITY. In a prosecution for obtaining money by false pretenses, it is not error to exclude, as immaterial, checks offered to show that the accused was […]
STATE v. LLOYD, 138 Wn. 8 (1926)
244 P. 130 THE STATE OF WASHINGTON, Respondent, v. ARDEN LLOYD et al., Appellants. No. 19565. Department One.The Supreme Court of Washington. March 12, 1926. [1] CRIMINAL LAW (429) — APPEAL — REVIEW — PROCEEDINGS NOT IN RECORD. Reversible error cannot be predicated upon prejudicial remarks of the court made to a portion of the […]
IN RE JORDAN’S ESTATE, 171 Wn. 624 (1933)
18 P.2d 855 In the Matter of the Estate of FRANK M. JORDAN, Deceased. FRED W. RASCHKE, Appellant, v. ADA M. JORDAN, Respondent. No. 24318. Department One.The Supreme Court of Washington. February 8, 1933. [1] JUDGMENT (212) — CONCLUSIVENESS — PERSONS NOT PARTIES OR PRIVIES. An order establishing a claim as a preferred claim against […]
STATE v. GOGOLIN, 72 Wn.2d 1045 (1967)
433 P.2d 695 THE STATE OF WASHINGTON, Respondent, v. ROBERT CLARENCE GOGOLIN, Appellant.[*] No. 39205.The Supreme Court of Washington. Department One. November 16, 1967. [*] Reported in 433 P.2d 695. Appeal from a judgment of the Superior Court for King County, No. 44389, George H. Freese, J., entered September 15, 1966 Affirmed. Prosecution for forgery. […]
SCOTT v. SCOTT, 34 Wn.2d 149 (1949)
208 P.2d 122 MAE K. SCOTT, Appellant, v. JESSE SCOTT, Respondent.[1] No. 30850.The Supreme Court of Washington. Department One. July 15, 1949. [1] Reported in 208 P.2d 122. [1] DIVORCE — CUSTODY OF CHILDREN — MODIFICATION OF DECREE. Where an interlocutory divorce decree decided adversely to the wife the issue of her fitness as a […]
STATE v. GAFFNEY, 168 Wn.2d 1020 (2010)
State, Respondent, v. Gaffney, Petitioner. No. 83887-9.The Supreme Court of Washington. March 30, 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. 38229-6-II, October 20, 2009, 152 Wn. App. 1046. Denied.
STATE v. AMMONS, 136 Wn.2d 453 (1998)
963 P.2d 812 THE STATE OF WASHINGTON, Respondent, v. JOEY ALLEN AMMONS, Petitioner. THE STATE OF WASHINGTON, Respondent, v. TROY LEE GUY, Petitioner No. 65899-4.The Supreme Court of Washington. En Banc.Argued May 26, 1998. Decided September 24, 1998. MADSEN, JOHNSON, and SANDERS, JJ., dissent by separate opinion. Page 454 Appeal from the Superior Court for […]
STATE v. ROBINSON, 75 Wn.2d 230 (1969)
450 P.2d 180 THE STATE OF WASHINGTON, Respondent, v. THOMAS JEFFERSON ROBINSON, Appellant.[*] No. 40035.The Supreme Court of Washington. Department Two. January 23, 1969. [*] Reported in 450 P.2d 180. [1] Jury — Selection of Jury — Scope of Examination — Discretion of Court. The limits and extent of voir dire examination are within the […]
O’STEEN v. VISSER, 136 Wn.2d 1014 (1998)
966 P.2d 903 O’Steen, et al., Respondents, v. Visser, Petitioner. No. 66726-8.The Supreme Court of Washington. September 30, 1998. Petition for review of a decision of the Court of Appeals, January 26, 1998, 88 Wn. App. 1080. Denied September 30, 1998.
HIRT v. ENTUS, 37 Wn.2d 418 (1950)
224 P.2d 620 GEORGE HIRT, Respondent, v. ANTON ENTUS, Appellant.[1] No. 31311.The Supreme Court of Washington. Department Two. November 24, 1950. [1] Reported in 224 P.2d 620. [1] WATERS AND WATERCOURSES — BOUNDARIES — SURVEYS — MEANDER LINES. Meander lines are not ordinarily regarded as boundary lines, and, in the usual situation, the watercourse itself […]
KEMP v. LEONARD, 70 Wn.2d 643 (1967)
424 P.2d 660 ARTHUR KEMP et al., Respondents, v. OSCAR L. LEONARD et al., Appellants.[*] No. 39044.The Supreme Court of Washington. Department One. March 2, 1967. [*] Reported in 424 P.2d 660. [1] Appeal and Error — Instructions — Exception at Trial — Necessity. Any error in failing to give an instruction is waived if […]
GLENN v. WAGNER, 199 Wn. 160 (1939)
90 P.2d 734 FRANK GLENN et al., Appellants, v. C.E. WAGNER et al., Respondents. No. 27404. Department Two.The Supreme Court of Washington. May 19, 1939. [1] WATERS AND WATERCOURSES — BOUNDARIES — NATURAL WATER COURSES — BEDS AND BANKS OF STREAMS — ACCRETION. Where, at the time of the government survey in 1862, the width […]
RYAN ASSOCIATES v. CENTURY BREW. ASS’N, 185 Wn. 600 (1936)
55 P.2d 1053 HOW J. RYAN ASSOCIATES, INC., Respondent, v. CENTURY BREWING ASSOCIATION, Appellant. No. 25965. Department One.The Supreme Court of Washington. April 3, 1936. [1] ASSUMPSIT (8) — PLEADING — ISSUES, PROOF AND VARIANCE. A complaint stating a cause of action for services based upon a quantum merit, in form and substance similar to […]
McCORMICK v. MILNER HOTELS, INC., 53 Wn.2d 207 (1958)
332 P.2d 239 TERRENCE McCORMICK, Appellant, v. MILNER HOTELS, INC., Respondent.[1] No. 34310.The Supreme Court of Washington. En Banc. December 1, 1958. [1] Reported in 332 P.2d 239. [1] LANDLORD AND TENANT — INJURIES FROM DANGEROUS CONDITION — CONDITION DANGEROUS Per Se. In an action for personal injuries sustained by a tenant in the defendant’s […]
GUNDERSON v. GREEN, 154 Wn. 201 (1929)
281 P. 731 NELLIE GUNDERSON, Appellant, v. S.R. GREEN, as Administrator, Respondent. No. 21773. Department One.The Supreme Court of Washington. October 29, 1929. [1] BILLS AND NOTES (67-1, 73-2) — RIGHTS ON TRANSFER — BONA FIDE PURCHASERS — CONSIDERATION — PAYMENT OF LESS THAN FACE VALUE. Findings that plaintiff was not the holder in due […]
WASH. STATE LABOR COUNCIL v. REED, 149 Wn.2d 48 (2003)
65 P.3d 1203 WASHINGTON STATE LABOR COUNCIL, ET AL., Petitioners, v. SAM REED, as Secretary of State, ET AL., Respondents. No. 73235-3.The Supreme Court of Washington.Argued December 10, 2002. Decided April 3, 2003. Page 49 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
STRONG v. ERNST, 169 Wn. 617 (1932)
14 P.2d 697 ALBERT STRONG et al., Respondents, v. FRED ERNST, Appellant. No. 23696. Department One.The Supreme Court of Washington. September 28, 1932. [1] HIGHWAYS (52, 57) — NEGLIGENT USE — EVIDENCE — SUFFICIENCY. The negligence of the driver of an automobile colliding with a truck at a branch highway, is a question for the […]
STATE v. MONTGOMERY, 163 Wn.2d 577 (2008)
183 P.3d 267 THE STATE OF WASHINGTON, Respondent, v. VIRGIL R. MONTGOMERY, Petitioner. No. 79564-9.The Supreme Court of Washington.Argued January 17, 2008. Decided May 15, 2008. Page 578 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 579 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
JOHNSTON v. BENEFICIAL MANAGEMENT CORP., 96 Wn.2d 708 (1982)
638 P.2d 1201 PAUL W. JOHNSTON, ET AL, Petitioners, v. BENEFICIAL MANAGEMENT CORPORATION OF AMERICA, ET AL, Respondents, ROGER M. LEED, Petitioner. No. 47301-3.The Supreme Court of Washington. En Banc. January 14, 1982. [1] Contempt — Violation of Court Order — Determination. A party will not be held in contempt for violating a court order […]
STATE v. MILOJEVICH, 166 Wn.2d 1022 (2009)
217 P.3d 335 State, Respondent, v. Milojevich, Petitioner. No. 82974-8.The Supreme Court of Washington. September 8, 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. 61707-9-I, March 9, 2009, 149 Wn. App. 1015. Denied.
CENTRAL INS. CO. v. EHR, 18 Wn.2d 489 (1943)
139 P.2d 701 CENTRAL INSURANCE COMPANY OF BALTIMORE, Plaintiff, v. LEO L. EHR et al., Respondents, ROSS LYNCH, INC., Appellant, YELLOW MANUFACTURING ACCEPTANCE CORPORATION, Defendant.[1] No. 29020.The Supreme Court of Washington. Department Two. July 12, 1943. [1] Reported in 139 P.2d 701. [1] SALES — CONDITIONAL SALES — WAIVER OF CONDITIONS — EXTENSION OF TIME […]
UNION OIL CO. v. STATE, 2 Wn.2d 436 (1940)
98 P.2d 660 UNION OIL COMPANY OF CALIFORNIA, Appellant, v. THE STATE OF WASHINGTON et al., Respondents.[1] No. 27379.The Supreme Court of Washington. En Banc. January 29, 1940. [1] Reported in 98 P.2d 660. [1] LICENSES — TAXATION — EXCISE TAXES — MOTOR VEHICLE FUEL — DELIVERY TO RETAIL SERVICE STATIONS AS DISTRIBUTION. Where an […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 140 Wn.2d 1024 (2000)
The Supreme Court of Washington. 2000. State, Respondent, v. Barton, Petitioner. No. 69150-9. Supreme Court of Washington, En Banc. June 6, 2000. Petition for review of a decision of the Court of Appeals, December 16, 1999, 98 Wn. App. 1030. Denied June 6, 2000. State, Respondent, v. Hendrickson, Petitioner. No. 69151-7. Supreme Court of Washington, […]
BRUCE v. BRUCE, 48 Wn.2d 229 (1956)
292 P.2d 1060 FORBES M. BRUCE, Respondent, v. ALICE B. BRUCE, Appellant.[1] No. 33466.The Supreme Court of Washington. Department One. January 26, 1956. [1] Reported in 292 P.2d 1060. [1] APPEAL AND ERROR — BRIEFS — REFERENCES TO RECORD — POINTS AND ARGUMENTS. Under Rule on Appeal 42(1) (f), a contention in a brief will […]
BIGNOLD v. KING COUNTY, 65 Wn.2d 817 (1965)
399 P.2d 611 C.W. BIGNOLD, Respondent, v. KING COUNTY, Appellant, THE STATE OF WASHINGTON, Defendant.[*] No. 37276.The Supreme Court of Washington. Department Two. March 4, 1965. [*] Reported in 399 P.2d 611. [1] Appeal and Error — Review — Findings. Findings of fact to which no assignments of error are directed are accepted as verities […]
IN RE MARRIAGE OF SAGNER, 171 Wn.2d 1026 (2011)
257 P.3d 664 In re Marriage of Sagner. No. 85730-0.The Supreme Court of Washington. June 8, 2011. [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. 64074-7-I, January 31, 2011, 159 Wn. App. 741. Denied.
SHIELDS v. STA-FIT, INC., 129 Wn.2d 1002 (1996)
914 P.2d 65 Shields, et al., Petitioners, v. Sta-Fit, Inc., et al., Respondents. No. 63682-6.The Supreme Court of Washington. April 9, 1996. Petition for review of a decision of the Court of Appeals, October 24, 1995, 79 Wn. App. 584. Denied April 9, 1996.
STATE EX REL. HARRINGTON v. VINCENT, 144 Wn. 246 (1927)
257 P. 849 THE STATE OF WASHINGTON, on the Relation of G.K. Harrington, Appellant, v. H.H. VINCENT et al., Respondents. No. 20177. En Banc.The Supreme Court of Washington. July 6, 1927. [1] CORPORATIONS (25, 74) — DOMICILE — PLACE OF INSPECTION OF CORPORATE BOOKS. Rem. Comp. Stat., § 3827, giving stockholders the right to inspect […]
STATE v. McSHANE, 163 Wn.2d 1026 (2008)
State, Respondent, v. McShane, Petitioner. No. 80575-0.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. 58057-4-I, June 18, 2007, 139 Wn. App. 1018. Denied.
CLARK v. FOWLER, 58 Wn.2d 435 (1961)
363 P.2d 812 THOMAS CLARK et al., Appellants, v. H.D. FOWLER et al., Respondents.[*] No. 35742.The Supreme Court of Washington. Department Two. July 20, 1961. [*] Reported in 363 P.2d 812. [1] CONTRACTS — PERFORMANCE OR BREACH — SUFFICIENCY OF PERFORMANCE — BUILDING CONTRACTS. In an action and cross-action on a building contract, held that […]
SWANSON v. WHITE, 83 Wn.2d 175 (1973)
517 P.2d 959 C.A. SWANSON et al., Respondents, v. NOEL H. WHITE et al., Defendants, LEASING FOR INDUSTRY CORPORATION, Appellant. No. 42207.The Supreme Court of Washington. En Banc. December 20, 1973. [1] Statutes — Construction — Constitutional Interpretation. Courts, in seeking to determine the intent of the legislature, first examine the language of the enactment […]
TEPLEY v. SUMERLIN, 46 Wn.2d 504 (1955)
282 P.2d 827 MIRIAM TEPLEY, Respondent, v. WILLIAM E. SUMERLIN et al., Appellants.[1] No. 33108.The Supreme Court of Washington. Department Two. April 21, 1955. [1] Reported in 282 P.2d 827. [1] EMINENT DOMAIN — DELEGATION OF POWER — TO MUNICIPALITY. A municipal corporation has no inherent power of eminent domain and can exercise such power […]
STATE v. HADDON, 161 Wn.2d 1028 (2007)
169 P.3d 831 State, Respondent, v. Haddon, Petitioner. No. 79873-7.The Supreme Court of Washington. October 31, 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. 33876-9-II, January 30, 2007, 136 Wn. App. 1055. Denied.
LIBKE v. CRAIG, 35 Wn.2d 870 (1950)
216 P.2d 189 LLOYD L. LIBKE et al., Appellants, v. ARNOLD CRAIG et al., Respondents.[1] No. 31030.The Supreme Court of Washington. En Banc. March 15, 1950. [1] Reported in 216 P.2d 189. [1] SALES — REMEDIES OF BUYER — COUNTERCLAIM FOR BREACH OF WARRANTY — EVIDENCE — SUFFICIENCY. In an action for the price of […]
AYERS v. AYERS, 188 Wn. 540 (1936)
62 P.2d 1358 EARLEEN AYERS, Appellant, v. FOREST G. AYERS, Respondent. No. 26379. Department Two.The Supreme Court of Washington. December 14, 1936. [1] DIVORCE (100) — CUSTODY AND SUPPORT OF CHILDREN — GROUNDS FOR AWARD OF CUSTODY. The modification of a decree of divorce, giving the husband permanent possession of children, will be sustained, where […]
BOYD-CONLEE CO. v. GILLINGHAM, 44 Wn.2d 152 (1954)
266 P.2d 339 BOYD-CONLEE COMPANY, Respondent, v. H.B. GILLINGHAM et al., Appellants.[1] No. 32609.The Supreme Court of Washington. Department One. January 28, 1954. [1] Reported in 266 P.2d 339. [1] ACCORD AND SATISFACTION — NATURE AND REQUISITES — MEETING OF MINDS. An accord is an agreement for the settlement of a claim by some performance […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 91 Wn.2d 1018 (1978)
The Supreme Court of Washington. In re Marriage of Simmons, No. 45907. Petition for review of a decision of the Court of Appeals, October 17, 1978, 21 Wn. App. 1006. Denied February 16, 1979. State, Respondent, v. Braxton, Petitioner, No. 45881. Petition for review of a decision of the Court of Appeals, June 19, 1978, […]
HENRY v. THORNE, 92 Wn.2d 878 (1979)
602 P.2d 354 WILLIAM P. HENRY, SR., Respondent, v. ALICE C. THORNE, Appellant. No. 46547.The Supreme Court of Washington. En Banc. November 8, 1979. [1] Elections — Counties — Officers — Vacancies — Time of Election — Home Rule Charter. A county home rule charter adopted pursuant to Const. art. 11, § 4 (amendment 21) […]
RIGBY v. STATE, 49 Wn.2d 707 (1957)
306 P.2d 216 CLARENCE H. RIGBY et al., Respondents, v. THE STATE OF WASHINGTON, Appellant. CENTURY BUILDERS, INC., Appellant, v. THE STATE OF WASHINGTON et al., Respondents.[1] Nos. 33588, 33749.The Supreme Court of Washington. Department Two. January 25, 1957. [1] Reported in 306 P.2d 216. [1] LICENSES — TAXATION — SALES TAX — STATUTORY PROVISIONS […]
ALTO v. HARTWOOD LUMBER CO., 135 Wn. 368 (1925)
237 P. 987 ALFRED ALTO, Respondent, v. HARTWOOD LUMBER COMPANY, Appellant. No. 18850. En Banc.The Supreme Court of Washington. July 15, 1925. APPEAL (371) — REVIEW — SCOPE — CORRECT DECISION BASED ON ERRONEOUS GROUNDS. Upon appeal from an order granting a new trial for error in the instructions, after a verdict for the defendant, […]
BERG v. HUDESMAN, 115 Wn.2d 657 (1990)
801 P.2d 222 ORVILLE L. BERG, ET AL, Individually and as Trustees, Petitioners, v. DAVID HUDESMAN, ET AL, Respondents. No. 56656-9.The Supreme Court of Washington. En Banc. December 6, 1990. [1] Contracts — Construction — Distinguished From Interpretation. By determining the legal effect of a contract, a court is construing it. By ascertaining the meaning […]
IN RE HOPE, 30 Wn.2d 185 (1948)
191 P.2d 289 In the Matter of the Adoption of LOIS ANN HOPE et al., Minors. VERA STONE HOPE, Appellant, v. HAZEL FENNESSEY, Respondent.[1] No. 30384.The Supreme Court of Washington. Department Two. March 18, 1948. [1] Reported in 191 P.2d 289. [1] ADOPTION — STATUTORY PROVISIONS — STRICT CONSTRUCTION. Rights of adoption being purely statutory, […]
STATE v. COWLITZ COUNTY, 146 Wn. 305 (1928)
262 P. 977 THE STATE OF WASHINGTON, Appellant, v. COWLITZ COUNTY, Respondent. No. 20714. Department Two.The Supreme Court of Washington. January 6, 1928. [1] STATUTES (18) — SUBJECT AND TITLE — WORKMEN’S COMPENSATION ACT — ASSIGNMENT OF CAUSES OF ACTION. The title of the workmen’s compensation act “relating to the compensation of injured workmen and […]
DAY v. FRAZER, 59 Wn.2d 659 (1962)
369 P.2d 859 ARTHUR E. DAY et al., Respondents, v. LAWRENCE J. FRAZER et al., Appellants.[*] No. 35977.The Supreme Court of Washington. Department Two. March 16, 1962. [*] Reported in 369 P.2d 859. [1] APPEAL AND ERROR — REVIEW — DETERMINATION OF MOTIONS FOR JUDGMENT NOTWITHSTANDING VERDICT. In reviewing the action of a trial court […]
MARRIAGE OF WOLFE, 99 Wn.2d 531 (1983)
663 P.2d 469 In the Matter of the Marriage of DEANNA WOLFE, Respondent, and LARRY W. WOLFE, Petitioner. No. 48856-8.The Supreme Court of Washington. En Banc. May 12, 1983. [1] Appeal and Error — Court of Appeals — Disposition Without Oral Argument — Validity. A determination by a 3-judge panel of the Court of Appeals […]
FIRST NATIONAL BANK v. MAPSON, 181 Wn. 196 (1935)
42 P.2d 782 FIRST NATIONAL BANK OF SEATTLE, Respondent, v. A.T. MAPSON et al., Appellants. No. 25420. Department Two.The Supreme Court of Washington. March 22, 1935. [1] VENDOR AND PURCHASER (147) — REMEDIES OF VENDOR — ACTIONS FOR PURCHASE MONEY — CONDITIONS PRECEDENT — DEMAND — NECESSITY. An action to recover payments due on a […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 121 Wn.2d 1032 (1993)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Bayman, et al, Petitioners, v. Tippett, et al, Respondents, No. 60358-8. Petitions for review of a decision of the Court of Appeals, March 2, 1993, 68 Wn. App. 1073. Denied July 8, 1993. In […]
IN RE JEFFERSON COUNTY, 153 Wn. 133 (1929)
279 P. 392 In the Matter of the Assessment of Timber in JEFFERSON COUNTY. MERRILL RING LOGGING COMPANY et al., Appellants, v. TAX COMMISSION OF THE STATE OF WASHINGTON et al., Respondents, WESTERN FOREST CORPORATION et al., Defendants. No. 21611. Department One.The Supreme Court of Washington. July 19, 1929. [1] TAXATION (97) — ASSESSMENT — […]
JOHANSON v. UNITED TRUCK LINES, 62 Wn.2d 437 (1963)
383 P.2d 512 RICHARD E. JOHANSON, Plaintiff and Respondent, v. UNITED TRUCK LINES, Defendant and Relator.[*] No. 36491.The Supreme Court of Washington. Department One. June 27, 1963. [*] Reported in 383 P.2d 512. [1]Process — On Corporations — Managing Agent. An employee of a corporation was a managing agent of such corporation, within the meaning […]
STATE v. GARSKE, 74 Wn.2d 901 (1968)
447 P.2d 167 THE STATE OF WASHINGTON, Respondent, v. LEROY DELBERT GARSKE, Appellant.[*] No. 39686.The Supreme Court of Washington. Department Two. November 21, 1968. [*] Reported in 447 P.2d 167. [1] Searches and Seizures — Consent — Burden of Proof. Whether there has been a waiver of the necessity of a search warrant is a […]
STATE v. PANNELL, 85437-8 (Wash. 12-1-2011)
STATE OF WASHINGTON, Respondent, v. DANIEL HERBERT PANNELL, Petitioner. No. 85437-8.The Supreme Court of Washington, En Banc. Filed December 1, 2011. CHAMBERS, J. Daniel Pannell pleaded guilty to incest and child molestation. His lengthy sentence was suspended pending satisfactory progress in sexual offender treatment, among other things. Unfortunately, he failed to make satisfactory progress and […]
CRESCENT DAIRY CO. v. RED TOP CAB CO., 139 Wn. 705 (1926)
247 P. 739 CRESCENT DAIRY COMPANY, Respondent, v. RED TOP CAB COMPANY, Appellant. No. 19902. Department Two.The Supreme Court of Washington. July 14, 1926. Appeal from a judgment of the superior court for King county, Hall, J., entered November 16, 1925, in favor of the plaintiff, in an action for damages, tried to the court. […]