152 P.2d 967 THE STATE OF WASHINGTON, Respondent, v. WALTER L. KRITZER, Appellant.[1] No. 29359.The Supreme Court of Washington. Department One. November 6, 1944. [1] Reported in 152 P.2d 967. [1] CRIMINAL LAW — EVIDENCE — OTHER OFFENSES — ACTS SHOWING INTENT. As a general rule, when one is on trial charged with a specific […]
Category: Washington Supreme Court Opinions
STEINER v. ROYAL BLUE CAB COMPANY, 172 Wn. 396 (1933)
20 P.2d 39 JOHN J. STEINER, Respondent, v. ROYAL BLUE CAB COMPANY, Appellant. No. 24311. Department One.The Supreme Court of Washington. March 24, 1933. [1] MASTER AND SERVANT (172) — INJURIES TO THIRD PERSONS — SCOPE OF EMPLOYMENT — PRESUMPTIONS. Ownership of a taxicab at the time it collided with another, raises the prima facie […]
CITY OF OLYMPIA v. DREBICK, 156 Wn.2d 289 (2006)
126 P.3d 802 THE CITY OF OLYMPIA, Petitioner, v. JOHN DREBICK ET AL., Respondents. No. 75270-2.The Supreme Court of Washington.Argued February 8, 2005. Decided January 19, 2006. Page 290 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 291 [EDITORS’ NOTE: THIS PAGE […]
RICHARDS v. SICKS’ RAINIER BREWING CO., 64 Wn.2d 357 (1964)
391 P.2d 960 ERNEST F. RICHARDS, Appellant, v. SICKS’ RAINIER BREWING COMPANY, Respondent.[*] No. 36732.The Supreme Court of Washington. Department One. April 30, 1964. [*] Reported in 391 P.2d 960. [1] Damages — Trial — Verdict — Sufficiency of Award. If there is substantial evidence to support a verdict, it must stand; and in order […]
STATE v. WILLIAMS-WALKER, 167 Wn.2d 889 (2010)
225 P.3d 913 THE STATE OF WASHINGTON, Respondent, v. ARO T.J. WILLIAMS-WALKER, Petitioner. THE STATE OF WASHINGTON, Respondent, v. CURTIS EUGENE GRAHAM, Petitioner. THE STATE OF WASHINGTON, Respondent, v. MATTHEW ROBERT RUTH, Petitioner. Nos. 78611-9; 78876-6; 79074-4.The Supreme Court of Washington.Argued February 10, 2009. Decided January 14, 2010. Page 890 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
LAWSON v. CITY OF PASCO, 168 Wn.2d 675 (2010)
230 P.3d 1038 PAUL LAWSON, Petitioner, v. THE CITY OF PASCO, Respondent. No. 81636-1.The Supreme Court of Washington.Argued September 22, 2009. Decided April 15, 2010. Page 676 Appeal from the Superior Court for Franklin County, No. 06-2-50398-1, Cameron Mitchell, J. Page 677 Philip A. Talmadge (o Talmadge/Fitzpatrick), for petitioner. Leland B. Kerr (of Kerr Law […]
SMITH v. SMITH, 36 Wn.2d 164 (1950)
217 P.2d 307 ANNE MARIE SMITH, Respondent, v. EMIL JAMES SMITH, Appellant.[1] No. 31111.The Supreme Court of Washington. En Banc. April 10, 1950. [1] Reported in 217 P.2d 307. [1] HUSBAND AND WIFE — SEPARATE MAINTENANCE — JURISDICTION OF COURT. In an action for separate maintenance, the trial court has power to award periodic payments […]
STATE EX REL. BRUNN v. SUPERIOR COURT, 135 Wn. 640 (1925)
238 P. 639 THE STATE OF WASHINGTON, on the Relation of Sydney Brunn et al., Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, Defendant. No. 19210. Department One.The Supreme Court of Washington. August 25, 1925. PROHIBITION (8) — EXISTENCE OF REMEDY BY APPEAL — VACATING JUDGMENT. Prohibition does not lie to restrain the enforcement of […]
NYMAN v. MacRAE BROS. CONSTR. CO., 69 Wn.2d 285 (1966)
418 P.2d 253 CHARLES EDWARD NYMAN, Appellant, v. MACRAE BROTHERS CONSTRUCTION COMPANY, et al., Respondents.[*] No. 38237.The Supreme Court of Washington. Department Two. September 15, 1966. [*] Reported in 418 P.2d 253. [1] Master and Servant — Loaned Servant — Determination — Question of Fact. Whether or not a person is a “loaned servant” is […]
STATE v. CURTISS, 172 Wn.2d 1012 (2011)
259 P.3d 1109 State, Respondent v. Curtiss, Petitioner. The Supreme Court of Washington. No. 86108-1. September 7, 2011. Petition for review of a decision of the Court of Appeals, No. 39215-1-II, May 6, 2011, 161 Wn. App. 673. Denied. Page 1013
STATE v. PEKKALA, 156 Wn.2d 1011 (2006)
132 P.3d 145 State, Respondent, v. Pekkala, Petitioner. No. 76908-7.The Supreme Court of Washington. January 31, 2006. Petition for review of a decision of the Court of Appeals, No. 31235-2-II, February 23, 2005, 126 Wn. App. 1003. Denied.
STATE v. TAYLOR, 150 Wn.2d 1022 (2003)
State, Respondent, v. Taylor, Petitioner. No. 74062-3.The Supreme Court of Washington. En Banc. December 2, 2003. Petition for review of a decision of the Court of Appeals, No. 48185-1-I, February 18, 2003, 115 Wn. App. 1038. Denied.
STATE v. LAITINEN, 77 Wn.2d 130 (1969)
459 P.2d 789 THE STATE OF WASHINGTON, Respondent, v. ERNEST LAITINEN, Appellant.[*] No. 40167.The Supreme Court of Washington. En Banc. October 16, 1969. [*] Reported in 459 P.2d 789. [1] Constitutional Law — Statutes — Police Power — Validity — Determination. A legislative exercise of the police power will be upheld as constitutionally valid if […]
AMENDE v. MORTON, 40 Wn.2d 104 (1952)
241 P.2d 445 F.R. AMENDE, Appellant, v. THE TOWN OF MORTON, Respondent.[1] No. 31759.The Supreme Court of Washington. Department Two. February 29, 1952. [1] Reported in 241 P.2d 445. [1] ACTION — RIGHTS ACQUIRED SUBSEQUENT TO COMMENCEMENT. The absence of a valid right of action at the inception of a suit cannot be cured by […]
STATE v. BENCIVENGA, 136 Wn.2d 1007 (1998)
966 P.2d 903 State, Petitioner, v. Bencivenga, Respondent. No. 66605-9.The Supreme Court of Washington. September 2, 1998. Petition for review of a decision of the Court of Appeals, January 26, 1998, 88 Wn. App. 1081. Granted September 2, 1998.
IN RE PHILLIPS’ ESTATE, 133 Wn. 41 (1925)
233 P. 27 In the Matter of the Estate of GRENVILLE D. PHILLIPS, Deceased. MARY O. PHILLIPS et al., Appellants, v. THE STATE OF WASHINGTON et al., Respondents. No. 18382. En Banc.The Supreme Court of Washington. February 17, 1925. TAXATION (225-229) — INHERITANCE TAXES — COMPUTATION — STATUTES — CONSTRUCTION. The graduated inheritance tax, under […]
STATE v. NICHOLS, 158 Wn.2d 1015 (2006)
State, Respondent, v. Nichols, Petitioner. No. 78497-3.The Supreme Court of Washington. December 5, 2006. Petition for review of a decision of the Court of Appeals, No. 23732-0-III, February 23, 2006, 131 Wn. App. 1047. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Granted.
STATE v. RILEY, 137 Wn.2d 904 (1999)
976 P.2d 624 STATE OF WASHINGTON, Respondent, v. JOHNNY LEE RILEY, JR., Petitioner. No. 65845-5.The Supreme Court of Washington. En Banc.Oral Argument Date: June 16, 1998. File Date: May 13, 1999. Page 905 Appeal from the Superior Court for Pierce County, No. 94-1-02948-9, Thomas Felnagle, J., on January 11, 1995. John S. Abolofia, for petitioner. […]
HAYES v. SUTCLIFF, 168 Wn. 622 (1932)
12 P.2d 1105 M.A. HAYES et al., Appellants, v. A. GEORGE SUTCLIFF et al., Respondents. No. 23706. Department One.The Supreme Court of Washington. July 13, 1932. [1] TRIAL (55) — TAKING CASE FROM JURY — QUESTION OF LAW OR FACT — SUFFICIENCY OF EVIDENCE. The court may not withdraw a case from the jury where […]
STATE v. GRAYSON, 152 Wn.2d 1011 (2004)
State, Respondent, v. Grayson, Petitioner. No. 74913-2.The Supreme Court of Washington. September 10, 2004. Petition for review of a decision of the Court of Appeals, No. 51311-7-I, December 8, 2003, 119 Wn. App. 1042. Granted.
BEARWOOD v. THURIK, 170 Wn.2d 1014 (2010)
245 P.3d 774 Bearwood, Petitioner, v. Thurik, Respondent. No. 84943-9.The Supreme Court of Washington. December 1, 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. 64164-6-I, June 14, 2010, 156 Wn. App. 1032. Denied
SAFECO INS. CO. v. PACIFIC INDEM. CO., 66 Wn.2d 38 (1965)
401 P.2d 205 SAFECO INSURANCE COMPANY OF AMERICA, INC., Respondent, v. PACIFIC INDEMNITY CO., Appellant.[*] No. 37446.The Supreme Court of Washington. Department Two. April 15, 1965. [*] Reported in 401 P.2d 205. [1] Appeal and Error — Review — Findings. Findings of the trial court when supported by substantial evidence will not be disturbed on […]
IN RE MARRIAGE OF AVERSANO, 152 Wn.2d 1023 (2004)
In re Marriage of Aversano. No. 75683-0.The Supreme Court of Washington. November 3, 2004. Petition for review of a decision of the Court of Appeals, No. 52350-3-I, April 26, 2004, 121 Wn. App. 1017. Denied.
STATE v. READ, 147 Wn.2d 238 (2002)
53 P.3d 26 STATE OF WASHINGTON, Petitioner, v. JEREMY MARK READ, Respondent. No. 71188-7.The Supreme Court of Washington. En Banc.Oral Argument Date: January 29, 2002. Filed: September 5, 2002. Page 239 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 240 David B. […]
LANGE v. WOODWAY, 79 Wn.2d 45 (1971)
483 P.2d 116 CARL LANGE, Respondent, v. THE TOWN OF WOODWAY, Appellant. No. 41562.The Supreme Court of Washington. En Banc. April 1, 1971. [1] Statutes — Validity — Constitutionality — Standing to Challenge. A person allegedly suffering injury as a result of an ordinance must exhaust administrative remedies available that might alleviate the harm in […]
COUNTY OF SPOKANE v. VALU-MART, INC., 69 Wn.2d 712 (1966)
419 P.2d 993 THE COUNTY OF SPOKANE, Respondent, v. VALU-MART, INC., Appellant.[*] No. 37753.The Supreme Court of Washington. En Banc. November 10, 1966. [*] Reported in 419 P.2d 993. [1] Constitutional Law — Equal Protection of Laws — Classifications. Where there is a classification of both conduct and things for purposes of regulation under the […]
THOMPSON v. HANSON, 168 Wn.2d 738 (2009)
239 P.3d 537 CHAD A. THOMPSON ET AL., Respondents, v. PAUL V. HANSON ET AL., Petitioners. No. 81311-6.The Supreme Court of Washington.Filed June 25, 2009. Decided October 22, 2009. Page 739 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 740 Appeal from […]
STATE v. FAIRBANKS, 25 Wn.2d 686 (1946)
171 P.2d 845 THE STATE OF WASHINGTON, Respondent, v. HAROLD STANLEY FAIRBANKS, Appellant.[1] No. 29821.The Supreme Court of Washington. Department Two. August 15, 1946. [1] Reported in 171 P.2d 845. [1] WITNESSES — COMPETENCY — AGE AND MATURITY OF MIND — DISCRETION OF COURT. Under Rem. Rev. Stat., § 1213, subd. 2, the mental capacity […]
AMANN v. TACOMA, 170 Wn. 296 (1932)
16 P.2d 601 JOSEPH AMANN et al., Appellants, v. THE CITY OF TACOMA et al., Respondents. No. 24016. Department Two.The Supreme Court of Washington. November 29, 1932. [1] MUNICIPAL CORPORATIONS (422, 428) — TORTS — DANGEROUS CONDITIONS IN STREETS — RESPONSIBILITY — ABUTTING PROPERTY — FALLING OBJECTS. The city, in issuing a permit for the […]
STATE v. MORIMOTO, 168 Wn.2d 1002 (2010)
226 P.3d 780 State, Respondent, v. Morimoto, Petitioner. No. 83485-7.The Supreme Court of Washington. February 9, 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. 60458-9-I, July 20, 2009, 151 Wn. App. 1010. Dispositions of Petitions for Review […]
WILSON v. BOARD OF GOVERNORS, 90 Wn.2d 649 (1978)
585 P.2d 136 MICHAEL RICHARD WILSON, Petitioner, v. BOARD OF GOVERNORS, WASHINGTON STATE BAR ASSOCIATION, Respondent. No. 44951.The Supreme Court of Washington. En Banc. October 5, 1978. [1] Attorney and Client — Admission to Practice — Bar Examination — Restricted Class of Examinees — Validity. Restricting the class of persons permitted to take the state […]
ROGSTAD v. ROGSTAD, 74 Wn.2d 736 (1968)
446 P.2d 340 MARION ROGSTAD, Respondent, v. THOMAS D. ROGSTAD, Appellant.[*] No. 39983.The Supreme Court of Washington. Department Two. October 24, 1968. [*] Reported in 446 P.2d 340. [1] Divorce — Disposition of Property — Factors Considered. When making a disposition of property at the time of divorce, the court will consider the necessities of […]
IN RE GUNTER, 102 Wn.2d 769 (1984)
689 P.2d 1074 In the Matter of the Personal Restraint of STEVEN WAYNE GUNTER, Petitioner. No. 50404-1.The Supreme Court of Washington. En Banc. October 25, 1984. [1] Criminal Law — Constitutional Law — Common Law — New Principle of Law — Retroactivity — Truthfinding Function. A new constitutional rule imposed to overcome an aspect of […]
STATE v. SIDDIQ, 156 Wn.2d 1025 (2006)
132 P.3d 1094 State, Respondent, v. Siddiq, Petitioner. No. 77496-0.The Supreme Court of Washington. April 4, 2006. Petition for review of a decision of the Court of Appeals, No. 54567-1-I, June 27, 2005, 128 Wn. App. 1018. Denied.
PETERSEN v. SEATTLE, 191 Wn. 587 (1937)
71 P.2d 668 OSCAR PETERSEN et al., Respondents, v. THE CITY OF SEATTLE et al., Appellants. No. 26533. Department One.The Supreme Court of Washington. September 22, 1937. [1] MUNICIPAL CORPORATIONS — STREETS — VACATION — POWER TO VACATE TIDE LAND STREETS — STATUTES — IMPLIED REPEAL. Chapter 84, Laws of 1901 (Rem. Rev. Stat., § […]
McGOWAN v. STATE, 148 Wn.2d 278 (2002)
60 P.3d 67 NICOLE McGOWAN, et al., Appellants, v. THE STATE OF WASHINGTON, Respondent; PUBLIC SCHOOL EMPLOYEES OF WASHINGTON, Appellant, v. THE STATE OF WASHINGTON, et al., Respondents. No. 71947-1.The Supreme Court of Washington. En Banc.Argued May 7, 2002. Decided December 19, 2002. Page 279 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
IN RE THE INTEREST OF MAHANEY, 146 Wn.2d 878 (2002)
51 P.3d 776 In the Interest of NATASHA MAHANEY and JESSE MAHANEY, minors, ERIKA MAHANEY, Petitioner v. MARK S. MAHANEY and REBECCA JOHNSTON, Respondents. No. 71022-8.The Supreme Court of Washington. En Banc.Oral Argument Date: January 15, 2002. Filed: July 25, 2002. Page 879 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
SEATTLE v. PROCTOR, 183 Wn. 293 (1935)
48 P.2d 238 THE CITY OF SEATTLE, Respondent, v. H.E. PROCTOR, Appellant. No. 24711. Department One.The Supreme Court of Washington. August 24, 1935. [1] CONSTITUTIONAL LAW (49) — MUNICIPAL CORPORATIONS (320, 327) — POLICE POWER — REGULATION OF OCCUPATIONS — REASONABLENESS. Notwithstanding Const. Art. XI, § 11, constitutes a direct delegation of police power to […]
BRAUN v. BRAUN, 31 Wn.2d 468 (1948)
197 P.2d 442 OLA E. BRAUN, Respondent, v. WALTER J. BRAUN, Appellant.[1] No. 30502.The Supreme Court of Washington. Department One. September 16, 1948. [1] Reported in 197 P.2d 442. [1] DIVORCE — PROCEEDINGS — INTERLOCUTORY DECREE — STATEMENT OF GROUNDS FOR DIVORCE — NECESSITY. An interlocutory divorce decree need not state the grounds upon which […]
IN RE LEWIS’ ESTATE, 2 Wn.2d 458 (1940)
98 P.2d 654 In the Matter of the Estate of ALVIN M. LEWIS, Deceased. THOMAS C. BARTO et al., Respondents, v. WILL J. LEWIS, Individually and as Executor, Appellant.[1] No. 27558.The Supreme Court of Washington. En Banc. January 30, 1940. [1] Reported in 98 P.2d 654. [1] CONTRACTS — WILLS — DISCHARGE OF INDEBTEDNESS BY […]
MARION v. GRAND COULEE DAM HOTEL, 35 Wn.2d 589 (1950)
214 P.2d 204 E.E. MARION, Appellant, v. GRAND COULEE DAM HOTEL et al., Respondents.[1] No. 30998.The Supreme Court of Washington. Department One. February 2, 1950. [1] Reported in 214 P.2d 204. [1] PLEADING — FORM AND ALLEGATIONS — CONSTRUCTION — AS AGAINST DEMURRER. In considering the effect of a pleading to which a demurrer has […]
IN RE SICOURMAT’S ESTATE, 161 Wn. 406 (1931)
296 P. 1047 In the Matter of the Estate of PETER SICOURMAT, Deceased. LOUISE McCULLOCH, Respondent, v. CHARLES GUILLIUME et al., Appellants. Nos. 22781, 22780. Department Two.The Supreme Court of Washington. March 23, 1931. [1] WILLS (87-1) — LIABILITIES ON DEVISE OF REALTY — CONDITIONS PRECEDENT — LIFE SUPPORT. A devise declared in a will […]
STATE v. BARNETT, 139 Wn.2d 462 (1999)
987 P.2d 626 THE STATE OF WASHINGTON, Petitioner, v. JEFFREY C. BARNETT, Respondent. No. 67171-1.The Supreme Court of Washington. En Banc.Argued May 25, 1999. Decided October 28, 1999. Page 463 James H. Krider, Prosecuting Attorney, and Seth Aaron Fine, Deputy, for petitioner. Oliver R. Davis, for respondent. SANDERS, J. The issue before us is whether […]
STATE v. LEWIS, 37 Wn.2d 540 (1950)
225 P.2d 428 THE STATE OF WASHINGTON, Respondent, v. RAYMOND LEWIS, Appellant.[1] No. 31469.The Supreme Court of Washington. Department One. December 7, 1950. [1] Reported in 225 P.2d 428. [1] CRIMINAL LAW — EVIDENCE — OPINION EVIDENCE — IMMATERIAL MATTERS. In a prosecution for manslaughter, where the issue was whether the defendant was negligent when, […]
BRUENER v. TWIN CITY FIRE INS. CO., 37 Wn.2d 181 (1950)
222 P.2d 833 THEODORE B. BRUENER et al., Respondents, v. TWIN CITY FIRE INSURANCE COMPANY, Appellant.[1] No. 31302.The Supreme Court of Washington. En Banc. October 5, 1950. [1] Reported in 222 P.2d 833. [1] INSURANCE — ACCIDENT INSURANCE — EFFECT OF PROXIMATE CAUSE UPON LIABILITY. In determining liability under an accident insurance policy, courts are […]
ALLEN v. HART, 32 Wn.2d 173 (1948)
201 P.2d 145 GLADYS ALLEN, as Administratrix, Respondent, v. DEAN E. HART et al., Appellants.[1] No. 30671.The Supreme Court of Washington. Department One. December 23, 1948. [1] Reported in 201 P.2d 145. [1] DEATH — ACTIONS — EVIDENCE — PRESUMPTION OF DUE CARE. In an action for wrongful death, there was no presumption of due […]
HOTEL RANDOLPH CO. v. WATROUS CO., 144 Wn. 215 (1927)
257 P. 629 HOTEL RANDOLPH COMPANY, Appellant, v. JOHN C. WATROUS COMPANY, Respondent. No. 20532. Department Two.The Supreme Court of Washington. June 27, 1927. [1] ACCORD AND SATISFACTION (3) — PART PAYMENT — UNLIQUIDATED CLAIMS — ACCEPTANCE OF CHECK. There was a complete accord and satisfaction where, upon closing a deal, a statement of a […]
KIME v. NIEMANN, 64 Wn.2d 394 (1964)
391 P.2d 955 LESLIE KIME, Petitioner, v. JACK D. NIEMANN et al., Respondents.[*] No. 37372.The Supreme Court of Washington. Department One. April 30, 1964. [*] Reported in 391 P.2d 955. [1] Trial — Preliminary Proceedings — Discovery — Order Facilitating. An instrument signed by a superior court judge for the apparent purpose of facilitating the […]
STATE v. YANCY, 92 Wn.2d 153 (1979)
594 P.2d 1342 THE STATE OF WASHINGTON, Respondent, v. JOSEPH YANCY, JR., Appellant. No. 45489.The Supreme Court of Washington. En Banc. May 17, 1979. [1] Criminal Law — Statutes — Certainty — Test. A criminal statute is not subject to a challenge for vagueness if men of ordinary intelligence are not required to speculate as […]
STATE v. McFARLAND, 158 Wn. 652 (1930)
291 P. 719 THE STATE OF WASHINGTON, Respondent, v. C. McFARLAND, Appellant. No. 22360. Department One.The Supreme Court of Washington. September 30, 1930. [1] CRIMINAL LAW (339) — TRIAL — VERDICT — CONSTRUCTION — ACQUITTAL OF PART OF DEFENDANTS AS BAR. In a prosecution of two jointly accused as “hit-and-run” drivers, under Rem. 1927 Sup., […]
STATE v. WILLIAMS, 135 Wn.2d 1010 (1998)
960 P.2d 939 State, Respondent, v. Williams, Petitioner. No. 66459-5.The Supreme Court of Washington. July 8, 1998. Petition for review of a decision of the Court of Appeals, December 8, 1997, 88 Wn. App. 1046. Denied July 8, 1998. Page 1011
STATE v. STAMBACH, 76 Wn.2d 298 (1969)
456 P.2d 362 THE STATE OF WASHINGTON, Respondent, v. WESLEY E. STAMBACH, Appellant.[*] No. 40451.The Supreme Court of Washington. Department One. June 19, 1969. [*] Reported in 456 P.2d 362. [1] Criminal Law — Evidence — Rebuttal Evidence. Evidence in a prosecution for larceny that the defendant was seen in the general locality of the […]
PERSONAL RESTRAINT OF VEGA, 118 Wn.2d 449 (1992)
823 P.2d 1111 In the Matter of the Personal Restraint of JUAN D. VEGA, JR., Petitioner. No. 58176-2.The Supreme Court of Washington. Department Two. February 13, 1992. [1] Personal Restraint — Petition — Timeliness — Notice — Persons Entitled. Under RCW 10.73.120, the State must try to provide notice to convicts of the 1-year time […]
STATE v. MEMPA, 78 Wn.2d 530 (1970)
477 P.2d 178 THE STATE OF WASHINGTON, Respondent, v. JERRY DOUGLAS MEMPA, Appellant.[*] No. 40789.The Supreme Court of Washington. En Banc. November 25, 1970. [*] Reported in 477 P.2d 178. [1] Criminal Law — Plea of Guilty — Withdrawal After Judgment. A motion to withdraw a plea of guilty after judgment will be treated as […]
KUMAKICHI CORP. v. PARKINSON, 136 Wn.2d 1015 (1998)
966 P.2d 1278 Kumakichi Corp., Petitioner, v. Parkinson, et al., Respondents. No. 66793-4.The Supreme Court of Washington. September 30, 1998. Petition for review of a decision of the Court of Appeals, April 6, 1998, 90 Wn. App. 1016. Denied September 30, 1998.
COATS v. LEE EASTES, 51 Wn.2d 542 (1958)
320 P.2d 292 BONNIE M. COATS et al., Appellants, v. LEE EASTES, INC., et al., Respondents.[1] No. 33602.The Supreme Court of Washington. En Banc. January 16, 1958. [1] Reported in 320 P.2d 292. [1] TRIAL — DELIBERATIONS OF JURY — MISCONDUCT OF OTHERS AFFECTING JURORS. Tampering with a jury will not be tolerated. [2] SAME. […]
HILL v. TACOMA, 40 Wn.2d 718 (1952)
246 P.2d 458 FLOYD S. HILL, Respondent, v. THE CITY OF TACOMA, Appellant.[1] No. 32021.The Supreme Court of Washington. Department One. July 3, 1952. [1] Reported in 246 P.2d 458. [1] APPEAL AND ERROR — ASSIGNMENT OF ERRORS — ERRORS NOT ASSIGNED IN BRIEF — FINDINGS. Under Rule on Appeal 43, where the findings of […]
BLOMQUIST v. PACIFIC INVESTORS CO., 132 Wn. 388 (1925)
232 P. 315 JOHN M. BLOMQUIST, Respondent, v. PACIFIC INVESTORS COMPANY, Appellant. No. 18833. Department One.The Supreme Court of Washington. January 9, 1925. DISMISSAL AND NONSUIT (19) — GROUNDS — DEFECTS AND OBJECTIONS TO PLEADINGS. A motion to dismiss a complaint for fraud because it was not sufficiently definite and certain is properly denied where […]
STATE EX REL. SEATTLE SAV. L. ASS’N v. HINKLE, 150 Wn. 317 (1928)
272 P. 959 THE STATE OF WASHINGTON, on the Relation of Seattle Savings and Loan Association, Plaintiff, v. J. GRANT HINKLE, as Secretary of State, Respondent. No. 21453. Department Two.The Supreme Court of Washington. December 20, 1928. [1] CORPORATIONS (8, 20) — LICENSE FEES — INCREASE OF CAPITAL STOCK — STATUTES — CONSTRUCTION. Rem. Comp. […]
STEPHENS v. NELSON, 37 Wn.2d 28 (1950)
221 P.2d 520 MONROE STEPHENS, Respondent, v. O.M. NELSON et al., Appellants.[1] No. 31270.The Supreme Court of Washington. Department One. August 22, 1950. [1] Reported in 221 P.2d 520. [1] HUSBAND AND WIFE — COMMUNITY PROPERTY — PROPERTY ACQUIRED DURING MARRIAGE — PRESUMPTIONS. The presumption is that real property acquired by either husband or wife […]
IN RE HEUSCHELE, 34 Wn.2d 414 (1949)
208 P.2d 1167 In the Matter of the Guardianship of the Estate of ANNA MARIE HEUSCHELE, an Alleged Incompetent Person. ANNA MARIE HEUSCHELE, Appellant, v. THEKLA PHELPS et al., Respondents.[1] No. 30742.The Supreme Court of Washington. Department Two. August 5, 1949. [1] Reported in 208 P.2d 1167. [1] GUARDIAN AND WARD — APPOINTMENT OF GUARDIAN […]
RHOD-A-ZALEA 35TH, INC. v. SNOHOMISH COUNTY, 131 Wn.2d 1020 (1997)
937 P.2d 1102 Rhod-A-Zalea 35th, Inc., Respondent, v. Snohomish County, Petitioner. No. 64926-0.The Supreme Court of Washington. May 6, 1997. Petition for review of a decision of the Court of Appeals, July 22, 1996, 85 Wn. App. 1083. Granted May 6, 1997.
STATE v. JAIME, 168 Wn.2d 857 (2010)
233 P.3d 554 THE STATE OF WASHINGTON, Respondent, v. JAMES FRANK JAIME, Appellant. No. 82008-2.The Supreme Court of Washington.Argued May 14, 2009. Decided May 27, 2010. Page 858 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 859 Appeal from the Superior Court […]
BURNS v. PAYNE, 60 Wn.2d 323 (1962)
373 P.2d 790 ROBERT E. BURNS et al., Plaintiffs, v. WILLIAM S. PAYNE et al., Defendants and Relators, THE SUPERIOR COURT FOR KING COUNTY, James W. Mifflin, Judge, Respondent.[*] No. 36415.The Supreme Court of Washington. Department Two. August 2, 1962. [*] Reported in 373 P.2d 790. [1] DISMISSAL AND NONSUIT — INVOLUNTARY — FAILURE TO […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 113 Wn.2d 1013 (1989)
The Supreme Court of Washington. 1989 Berman, et al, Petitioners, v. Raney, Respondent, No. 56304-7. Petition for review of a decision of the Court of Appeals, May 8, 1989, 54 Wn. App. 1019. Denied September 5, 1989. Hartley, et al, Respondents, v. Liberty Park Assocs., Petitioner, No. 56305-5. Petition for review of a decision of […]
CAMP v. CAREY, 152 Wn. 480 (1929)
278 P. 183 BEN C. CAMP, Appellant, v. D.H. CAREY et al., Respondents. No. 21743. Department One.The Supreme Court of Washington. June 6, 1929. [1] EVIDENCE (175) — GUARANTY (10) — CONSTRUCTION — AMBIGUITY — ORAL EVIDENCE TO EXPLAIN. There is no ambiguity in a written guaranty permitting the introduction of oral evidence of the […]
CHELAN ELECTRIC CO. v. WICK, 148 Wn. 479 (1928)
269 P. 827 CHELAN ELECTRIC COMPANY, Respondent, v. ALICE BARBEE WICK, Appellant, CHELAN COUNTY, Respondent. No. 21274. Department Two.The Supreme Court of Washington. July 31, 1928. [1] EMINENT DOMAIN (156) — APPEAL — REVIEW — QUESTIONS CONSIDERED. Upon appeal from an award in condemnation proceedings, the only questions for review are the justness and amount […]
STATE v. SIERS, 171 Wn.2d 1009 (2011)
249 P.3d 1028 State, Petitioner, v. Siers, Respondent. No. 85469-6.The Supreme Court of Washington. March 29, 2011. Petition for review of a decision of the Court of Appeals, No. 63697-9-1, November 29, 2010, 158 Wn. App. 686. Granted.
HUBERDEAU v. DESMARAIS, 79 Wn.2d 432 (1971)
486 P.2d 1074 WILFRED HUBERDEAU, Petitioner, v. ANDREW DESMARAIS et al., Respondents. No. 41588.The Supreme Court of Washington. En Banc. July 1, 1971. [1] Vendor and Purchaser — Forfeiture — Waiver — Affirmative Agreement Not to Forfeit. A vendor’s acceptance of less than the full amount of an annual installment due under a real-estate contract […]
STATE v. BROEKE, 171 Wn.2d 1003 (2011)
249 P.3d 181 State, Respondent, v. Broeke, Petitioner. No. 85312-6.The Supreme Court of Washington. March 1, 2011. Petition for review of a decision of the Court of Appeals, No. 38773-5-II, October 19, 2010, 158 Wn. App. 1011. Dispositions of Petitions For Review and Selected Motions For Discretionary Review Denied.
PONTIOUS v. AMERICAN MOTORISTS INS. CO., 158 Wn. 264 (1930)
290 P. 850 W.E. PONTIOUS, Respondent, v. AMERICAN MOTORISTS INSURANCE COMPANY, Appellant. No. 22369. Department One.The Supreme Court of Washington. August 22, 1930. [1] INSURANCE (169) — ACTIONS ON POLICY — COMPLAINT — REQUISITES — TERM OF POLICY. A judgment on a policy of insurance will not be set aside for the reason that neither […]
GRIFFIN v. THURSTON COUNTY, 163 Wn.2d 1011 (2008)
180 P.3d 1290 Griffin, Petitioner, v. Thurston County Bd. of Health et al., Respondents. No. 80214-9.The Supreme Court of Washington. April 1, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 34418-1-II, March 20, 2007, 137 Wn. App. 609. […]
JOHNSON v. SULTAN RAILWAY TIMBER CO., 145 Wn. 106 (1927)
258 P. 1033 S. GUS JOHNSON et al., Respondents, v. SULTAN RAILWAY TIMBER COMPANY, Appellant. No. 20460. Department One.The Supreme Court of Washington. August 30, 1927. [1] WATERS AND WATERCOURSES (72) — OBSTRUCTION OF FLOW — LIABILITY FOR RESULTING INJURY. A logging company is liable for damages through the flooding of land, regardless of negligence, […]
ALASKA DISTRIBS. CO. v. ALASKAN BREWING CO., 170 Wn.2d 1031 (2011)
Alaska Distribs. Co., Respondent, v. Alaskan Brewing Co., Petitioner. No. 85240-5.The Supreme Court of Washington. February 2, 2011. Petition for review of a decision of the Court of Appeals, No. 64518-8-1, September 20, 2010, 157 Wn. App. 1064. Denied.
SHAFFER v. SHAFFER, 43 Wn.2d 629 (1953)
262 P.2d 763 HARRY SHAFFER, Respondent, v. FLORENCE SHAFFER, Appellant.[1] No. 32553.The Supreme Court of Washington. Department One. November 5, 1953. [1] Reported in 262 P.2d 763. [1] DIVORCE — DISPOSITION OF PROPERTY — DUTY OF COURT. RCW 26.08.110, relating to divorce decrees, establishes the duty of the trial court to dispose of all of […]
IN RE MONTGOMERY, 161 Wn.2d 1022 (2007)
In the Matter of the Disciplinary Proceeding Against CYNTHIA A. MONTGOMERY, an Attorney at Law. No. 17875.The Supreme Court of Washington. October 12, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] By an order dated October 12, 2007, the Supreme Court, in accordance with ELC 9.2(c), (e), and 13.2, suspended […]
HOLM v. MALOTT, 156 Wn. 421 (1930)
287 P. 11 MARTIN HOLM, Respondent, v. H.C. MALOTT et al., Appellants. No. 22252. Department One.The Supreme Court of Washington. April 18, 1930. [1] HIGHWAYS (33) — CONSTRUCTION — GRADING — CONSTRUCTION OF CONTRACT. A street subcontractor’s agreement “to do all the grading necessary” at certain prices “per cu. yd.” indicates that the payment is […]
STATE v. SMITH, 129 Wn.2d 1019 (1996)
919 P.2d 600 State, Respondent, v. Smith, Petitioner. In the Matter of the Personal Restraint of Smith. No. 63959-1.The Supreme Court of Washington. July 9, 1996. Petition for review of a decision of the Court of Appeals, February 2, 1996, 80 Wn. App. 462. Granted July 9, 1996.
STATE EX REL. BUGENHAGEN v. SUP. CT., 27 Wn.2d 274 (1947)
177 P.2d 885 THE STATE OF WASHINGTON, on the Relation of Maria J. Bugenhagen, Plaintiff, v. THE SUPERIOR COURT FOR PIERCE COUNTY, W.A. Richmond, Judge, Respondent.[1] No. 30148.The Supreme Court of Washington. Department One. February 27, 1947. [1] Reported in 177 P.2d 885. [1] VENUE — CHANGE OF VENUE — CONVENIENCE OF WITNESSES — DISCRETION. […]
STATE v. HUYNH, 169 Wn.2d 1005 (2010)
State, Respondent, v. Huan Cong Huynh, Petitioner. No. 82807-5.The Supreme Court of Washington. July 7, 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. 60336-1-I, February 2, 2009, 148 Wn. App. 1028. Granted and remanded to the Court of […]
BREHM v. RETAIL FOOD DRUG CLERKS UNION, 4 Wn.2d 98 (1940)
102 P.2d 685 ED BREHM et al., Appellants, v. RETAIL FOOD AND DRUG CLERKS UNION NO. 1105 et al., Respondents.[1] No. 27910.The Supreme Court of Washington. Department One. May 10, 1940. [1] Reported in 102 P.2d 685. [1] APPEAL AND ERROR — RIGHT TO APPEAL — CESSATION OF CONTROVERSY — MOOT QUESTIONS. Where, subsequent to […]
SECURITY SAVINGS LOAN SOCIETY v. DUDLEY, 175 Wn. 50 (1933)
26 P.2d 384, 28 P.2d 276 SECURITY SAVINGS LOAN SOCIETY, Appellant, v. L.P. DUDLEY et al., Respondents. No. 24274. En Banc.The Supreme Court of Washington. November 6, 1933. [1] EXECUTION (69) — MORTGAGES (223) — FORECLOSURE — SALE — RENTS AND PROFITS — DURING PERIOD OF REDEMPTION — RIGHTS AS BETWEEN PURCHASER AND ASSIGNEE. Rem […]
POSTON v. CLINTON, 66 Wn.2d 911 (1965)
406 P.2d 623 MARTHA C. POSTON, as Executrix, et al., Appellants, v. GERALD CLINTON et al., Respondents.[*] No. 37506.The Supreme Court of Washington. Department Two. September 23, 1965. [*] Reported in 406 P.2d 623. [1] Constitutional Law — Evidence — Blood Specimens — Consent — Determination at Trial. RCW 46.56.010 requires that consent be obtained […]
STATE v. WALLIN, 166 Wn.2d 1028 (2009)
217 P.3d 336 State, Respondent, v. Wallin, Petitioner. No. 82969-1.The Supreme Court of Washington. September 9, 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. 60308-6-I, March 9, 2009, 149 Wn. App. 1012. Denied.
IN RE TEMBREULL’S ESTATE, 37 Wn.2d 93 (1950)
221 P.2d 821 In the Matter of the Partnership Estate of G.A. TEMBREULL, Deceased. R.D. TEMBREULL, Appellant, v. EMMA S. TEMBREULL, Respondent.[1] No. 31303.The Supreme Court of Washington. Department One. August 31, 1950. [1] Reported in 221 P.2d 821. [1] PARTNERSHIP — MUTUAL RIGHTS AND DUTIES — FIRM BUSINESS — DUTY TO KEEP ACCOUNTS — […]
PACHECO v. AMES, 72554-3 (Wash. 5-22-2003)
KEITH A. PACHECO, Petitioner, v. JOHN R. AMES, D.D.S., a sole proprietor, Respondent, THOMAS F. WHITFIELD, D.D.S., a sole proprietor, Defendant. No. 72554-3The Supreme Court of Washington. En Banc. Oral Argument Date: February 27, 2003 Filed: May 22, 2003 Appeal from Superior Court, Spokane County; 99-2-05492-4 Honorable Michael E. Donohue, Judge. Counsel for Petitioner(s), Patrick […]
BURBA v. VANCOUVER, 113 Wn.2d 800 (1989)
783 P.2d 1056 RALPH BURBA, ET AL, Appellants, v. THE CITY OF VANCOUVER, Respondent. No. 55471-4.The Supreme Court of Washington. En Banc. December 21, 1989. [1] Taxation — Utility Services — Public Utility Tax — Nonresidents — Validity — Due Process. A municipal tax levied on the gross receipts received by a municipal utility from […]
BEAGLE v. BEAGLE, 55 Wn.2d 174 (1959)
346 P.2d 689 HELEN C. BEAGLE, Plaintiff, v. HARVEY L. BEAGLE, Relator, THE SUPERIOR COURT FOR KING COUNTY, William J. Wilkins, Judge, Respondent.[1] No. 35194.The Supreme Court of Washington. Department Two. November 27, 1959. [1] Reported in 346 P.2d 689. [1] APPEAL AND ERROR — EFFECT OF TRANSFER OF CAUSE — JURISDICTION OF LOWER COURT. […]
STATE v. THOMAS, 136 Wn.2d 1017 (1998)
966 P.2d 1277 State, Respondent, v. Thomas, Petitioner. No. 66729-2.The Supreme Court of Washington. October 1, 1998. Petition for review of a decision of the Court of Appeals, March 17, 1998, 89 Wn. App. 1059. Denied October 1, 1998.
CLARK v. PACIFICORP, 118 Wn.2d 167 (1991)
822 P.2d 162 CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON IN DEBBIE C. CLARK, Individually and as Personal Representative, Plaintiff, v. PACIFICORP, Defendant. DEE ANNA WHITTEN, Individually, as Personal Representative, and as Guardian ad Litem, Respondent, v. ASSOCIATED BUILDING COMPONENTS, INC., ET AL, Defendants, THE DEPARTMENT OF LABOR AND […]
SHOEMAKE v. FERRER, 168 Wn.2d 193 (2010)
225 P.3d 990 ANDREA SHOEMAKE ET AL., Respondents, v. R. DOUGLAS P. FERRER ET AL., Petitioners. No. 81812-6.The Supreme Court of Washington.Argued October 22, 2009. Decided February 4, 2010. Page 194 Appeal from the Superior Court for King County, No. 06-2-01446-4, Charles W. Mertel, J. Page 195 John W. Rankin, Jr. (of Reed McClure), for […]
STATE EX REL. McCOSKE v. KINNEAR, 145 Wn. 686 (1927)
261 P. 795 THE STATE OF WASHINGTON, on the Relation of John F. McCoske, Plaintiff, v. R.M. KINNEAR et al., Respondents. No. 20752. Department One.The Supreme Court of Washington. December 2, 1927. [1] STATUTES (40) — REPEAL — EXPRESS REPEAL — GENERAL REPEAL OF INCONSISTENT ACTS AND PROVISIONS. Rem. Comp. Stat., § 10223, providing credits […]
STATE v. JOHNSON, 149 Wn.2d 1010 (2003)
State, Respondent, v. Johnson, Petitioner. No. 73003-2.The Supreme Court of Washington. May 28, 2003. Petition for review of a decision of the Court of Appeals, No. 47176-7-I, August 19, 2002, 113 Wn. App. 482. Denied May 28, 2003.
IN RE ESTATE OF FRANZ, 157 Wn.2d 1005 (2006)
136 P.3d 759 In re Estate of Franz. Franz, as Personal Representative, et al., Petitioners, v. Allstate Ins. Co. et al., Respondents. No. 77833-7.The Supreme Court of Washington. May 31, 2006. Petition for review of a decision of the Court of Appeals, No. 54928-6-I, September 12, 2005, 129 Wn. App. 1019. Denied.
STATE v. FLETT, 149 Wn.2d 1034 (2003)
State, Respondent, v. Flett, Petitioner. No. 73632-4.The Supreme Court of Washington. September 5, 2003. Petition for review of a decision of the Court of Appeals, No. 20042-6-III, October 3, 2002, 113 Wn. App. 1053. Denied September 5, 2003.
COLE v. WEBSTER, 103 Wn.2d 280 (1984)
692 P.2d 799 GRACE COLE, ET AL, Appellants, v. GEORGE R. WEBSTER, ET AL, Respondents. No. 50917-4.The Supreme Court of Washington. En Banc. December 26, 1984. [1] Elections — Recall — Petition — Legal Requirement. A recall petition will not support a recall election unless it is legally sufficient. Discretionary acts of an official cannot […]
SMITH v. YAMASHITA, 12 Wn.2d 580 (1942)
123 P.2d 340 HERB SMITH, Respondent, v. M. YAMASHITA, Appellant.[1] No. 28569.The Supreme Court of Washington. Department Two. February 28, 1942. [1] Reported in 123 P.2d 340. [1] EVIDENCE — WEIGHT AND SUFFICIENCY — “SCINTILLA.” A “scintilla” of evidence is not sufficient to establish the affirmative of an issue, but there must be evidence, direct […]
STATE v. COUCH, 163 Wn.2d 1025 (2008)
State, Respondent, v. Couch, Petitioner. No. 80542-3.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. 34786-5-II, July 25, 2007, 139 Wn. App. 1076. Denied.
STATE v. KENNAR, 161 Wn.2d 1013 (2007)
166 P.3d 1218 State, Respondent, v. Kennar, Petitioner. No. 79593-2.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. 56426-9-I, August 18, 2006, 135 Wn. App. 68. Denied.
LENCI v. SEATTLE, 63 Wn.2d 664 (1964)
388 P.2d 926 FRANK LENCI et al., Respondents, v. THE CITY OF SEATTLE, Appellant.[*] No. 36589.The Supreme Court of Washington. En Banc. January 30, 1964. [*] Reported in 388 P.2d 926. [1] Municipal Corporations — Ordinances — Enactment — Authority. A municipality’s authority to enact ordinances in furtherance of the public safety, morals, health, and […]