269 P. 848 THE STATE OF WASHINGTON, Respondent, v. CARL LAMBERT, Appellant. No. 21085. Department One.The Supreme Court of Washington. August 29, 1928. [1] CRIMINAL LAW (123) — INTOXICATING LIQUORS (51) — INSTRUCTIONS — EVIDENCE WRONGFULLY OBTAINED. In a liquor prosecution, obtained by the testimony of arresting officers, it is proper to refuse an instruction […]
Category: Washington Supreme Court Opinions
GESA CREDIT UNION v. MUTUAL LIFE, 105 Wn.2d 248 (1986)
713 P.2d 728 GESA FEDERAL CREDIT UNION, Petitioner, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent. No. 51536-1.The Supreme Court of Washington. En Banc. February 6, 1986. [1] Statutes — Construction — Unambiguous Language. An unambiguous statute is not subject to judicial construction. [2] Execution — Sale — Redemption — Statement of Taxes — […]
NEDROW v. NEDROW, 48 Wn.2d 243 (1956)
292 P.2d 872 DONALD NEDROW, Respondent, v. BETTY LOU NEDROW, Appellant.[1] No. 33382.The Supreme Court of Washington. Department One. January 26, 1956. [1] Reported in 292 P.2d 872. [1] DIVORCE — CUSTODY OF CHILDREN — REMOVAL OF CHILD FROM JURISDICTION. A court originally having cognizance of a custody matter has a continuing jurisdiction to supervise […]
COOPER v. COOPER, 60 Wn.2d 208 (1962)
373 P.2d 109 GEORGE T. COOPER, Appellant, v. BETTY M. COOPER, Respondent.[*] No. 36121.The Supreme Court of Washington. Department One. July 5, 1962. [*] Reported in 373 P.2d 109. [1] DIVORCE — EVIDENCE — CONFLICTING EVIDENCE — PROVINCE OF TRIAL COURT. Where the only witnesses as to the grounds for divorce are the parties, the […]
WALKER v. PACIFIC MOBILE HOMES, INC., 68 Wn.2d 347 (1966)
413 P.2d 3 MELVIN D. WALKER, Respondent, v. PACIFIC MOBILE HOMES, INC., Appellant.[*] No. 38047.The Supreme Court of Washington. Department One. April 7, 1966. [*] Reported in 413 P.2d 3. [1] Principal and Agent — Apparent Authority — Acts of Principal — Burden of Proof. Apparent authority of an agent must be established through proof […]
STATE v. SANSONE, 157 Wn.2d 1011 (2006)
139 P.3d 350 STATE, Respondent v. SANSONE, Petitioner. No. 77905-8.The Supreme Court of Washington. July 6, 2006. Petition for review of a decision of the Court of Appeals, No. 54440-3-I, September 22, 2005. Denied.
IN RE WATERS’ ESTATES, 56 Wn.2d 717 (1960)
355 P.2d 8 In the Matter of the Estates of BETTY MAE WATERS and LEONARD DEYLONE WATERS, Deceased.[1] No. 35332.The Supreme Court of Washington. Department Two. September 8, 1960. [1] Reported in 355 P.2d 8. [1] ATTORNEY AND CLIENT — EXECUTORS AND ADMINISTRATORS — COMPENSATION — ATTORNEYS’ FEES — AMOUNT — DISCRETION OF COURT. The […]
NONOG v. SEATTLE CITY LIGHT, 159 Wn.2d 1006 (2007)
Nonog, Plaintiff, Demello, Petitioner, v. Seattle City Light et al., Respondents. No. 78804-9.The Supreme Court of Washington. January 31, 2007. Petition for review of decisions of the Court of Appeals, Nos. 54554-0-I and 55293-7-I, March 13, 2006, 131 Wn. App. 1061. Denied.
HOLMAN v. SPENCER, 178 Wn. 611 (1934)
35 P.2d 65 J.E. HOLMAN, Respondent, v. H.B. SPENCER et al., Appellants. No. 24916. Department One.The Supreme Court of Washington. August 27, 1934. [1] LANDLORD AND TENANT (7) — PAROL LETTINGS AND CONTRACTS — CROP AGREEMENT — EVIDENCE — SUFFICIENCY. The evidence does not sustain findings that defendant, in making an oral farm lease of […]
JOHNSON v. TOVA CORP., 149 Wn.2d 1035 (2003)
Johnson, Respondent, v. The Tova Corp., Petitioner. No. 73702-9.The Supreme Court of Washington. September 5, 2003. Petition for review of a decision of the Court of Appeals, No. 49468-6-I, February 3, 2003, 115 Wn. App. 1022. Denied September 5, 2003. Page 1036
FLOYD v. MYERS, 53 Wn.2d 351 (1959)
333 P.2d 654 MARTIN R. FLOYD, Respondent, v. ROY C. MYERS et al., Appellants.[1] No. 34660.The Supreme Court of Washington. Department One. January 2, 1959. [1] Reported in 333 P.2d 654. [1] FRAUD — EVIDENCE TO ESTABLISH — TESTIMONY OF INTERESTED PARTY. In an action to rescind a contract for the sale and exchange of […]
BECK v. BECK, 63 Wn.2d 973 (1964)
390 P.2d 1 JUDITH R. BECK, Appellant, v. JOHN FRED ANDREW BECK, Respondent.[*] No. 37281.The Supreme Court of Washington. Department Two. March 12, 1964. [*] Reported in 390 P.2d 1. [1] Divorce — Custody of Children — Modification of Decree — Appeal. While sound judicial discretion often demands a continuance in child custody proceedings and […]
FELL v. SPOKANE TRANSIT AUTH., 128 Wn.2d 618 (1996)
911 P.2d 1319 EVELYN FELL, ET AL., Respondents, v. SPOKANE TRANSIT AUTHORITY, Appellant. No. 61385-1.The Supreme Court of Washington. En Banc. February 29, 1996. Page 619 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 620 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
VEITH v. XTERRA, 165 Wn.2d 1005 (2008)
Veith, Individually and as Personal Representative, Petitioner, v. Xterra Wetsuits, LLC, et al., Defendants, Uncle-PDog, LLC, Respondent. No. 81661-1.The Supreme Court of Washington. December 2, 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. 25912-9-III, May 1, 2008, 144 […]
RAPP v. ELLIS, 14 Wn.2d 659 (1942)
129 P.2d 545 WILLIAM RAPP, Appellant, v. GEORGE F. ELLIS et al., Respondents and Cross-appellants.[1] No. 28568.The Supreme Court of Washington. En Banc. September 28, 1942. [1] Reported in 129 P.2d 545. [1] APPEAL AND ERROR — REVIEW — FINDINGS — EQUITABLE ACTIONS. Although appeals in equitable actions are heard in the supreme court de […]
MARTIN v. ALEINIKOFF, 63 Wn.2d 842 (1964)
389 P.2d 422 MARY E. MARTIN et al., Appellants, v. SERGEI ALEINIKOFF et al., Respondents.[*] No. 36657.The Supreme Court of Washington. En Banc. February 20, 1964. [*] Reported in 389 P.2d 422. [1] Statutes — Construction — Object. The fundamental object of statutory interpretation is to ascertain and give effect to the intention of the […]
REILLY v. NEW YORK LIFE INS. CO., 182 Wn. 460 (1935)
47 P.2d 840 MARY REILLY et al., Appellants, v. NEW YORK LIFE INSURANCE COMPANY, Respondent. No. 25486. En Banc.The Supreme Court of Washington. July 20, 1935. [1] INSURANCE (71, 83) — AVOIDANCE OF POLICY FOR MISREPRESENTATION — CONCEALMENT — HEALTH AND PHYSICAL CONDITION OF INSURED. Concealment of the fact that insured had a hemorrhage of […]
STATE v. BOWMAN, 57 Wn.2d 266 (1960)
356 P.2d 999 THE STATE OF WASHINGTON, Respondent, v. JAMES LELAND BOWMAN, Appellant.[1] No. 35181.The Supreme Court of Washington. Department One. November 9, 1960. [1] Reported in 356 P.2d 999. [1] HOMICIDE — NEGLIGENT HOMICIDE — INDICTMENT AND INFORMATION — REQUISITES AND SUFFICIENCY. In a prosecution for negligent homicide by means of a motor vehicle, […]
LE MASTER v. CHANDLER, 50 Wn.2d 71 (1957)
309 P.2d 384 DAN LE MASTER, Appellant, v. EARL B. CHANDLER et al., Respondent.[1] No. 33460.The Supreme Court of Washington. En Banc. April 4, 1957. [1] Reported in 309 P.2d 384. [1] FERRIES — OPERATION — DEGREE OF CARE REQUIRED — COMMON CARRIER. Operators of a ferry are common carriers, and they are charged with […]
STATE v. MICHIELLI, 132 Wn.2d 229 (1997)
937 P.2d 587 THE STATE OF WASHINGTON, Petitioner, v. JOSEPH ROBERT MICHIELLI, Respondent. No. 64270-2.The Supreme Court of Washington. En Banc.Argued March 11, 1997. Decided May 29, 1997. Page 230 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 231 ALEXANDER, GUY, JOHNSON, […]
HAVEMAN v. BEULOW, 36 Wn.2d 185 (1950)
217 P.2d 313 H.J. HAVEMAN et al., Respondents, v. C.F. BEULOW et al., Appellants.[1] No. 31200.The Supreme Court of Washington. Department One. April 13, 1950. [1] Reported in 217 P.2d 313. [1] PLEADING — ANSWER — GENERAL DENIAL — EVIDENCE ADMISSIBLE. Where a complaint alleged that seepage from a sump polluted water in the wells […]
CARRICK v. LOCKE, 125 Wn.2d 129 (1994)
882 P.2d 173 DON CARRICK, ET AL, Respondents, v. GARY LOCKE, as King County Executive, ET AL, Petitioners, JEFFERY NICOLAI, ET AL, Intervenors. No. 61542-0.The Supreme Court of Washington. En Banc. October 13, 1994. [1] Coroners — Inquest — Purpose — Culpability. A coroner’s inquest under RCW 36.24 is not intended to determine culpability for […]
STATE v. LINEAR, 164 Wn.2d 1035 (2008)
State, Respondent, v. Linear, Petitioner. No. 81547-0.The Supreme Court of Washington. November 6, 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. 59101-1-I, February 19, 2008, 143 Wn. App. 1009. Review Orders. Denied.
STATE v. BENSON, 144 Wn. 170 (1927)
257 P. 236 THE STATE OF WASHINGTON, Respondent, v. B. BENSON, Appellant. No. 20381. Department Two.The Supreme Court of Washington. June 22, 1927. [1] BRIBERY (2) — INDICTMENT — SUFFICIENCY. Under Rem. Comp. Stat., § 2323, defining the offense of bribery as an offer or promise to reward a witness upon an agreement or understanding […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 86 Wn.2d 1003 (1975)
The Supreme Court of Washington. Bean, et al, Petitioners, v. Stephens, et al, Respondents, No. 43850. Petition for review of a decision of the Court of Appeals, May 5, 1975, 13 Wn. App. 364. Denied November 5, 1975. State, Petitioner, v. McHenry, Respondent, No. 43862. Petition for review of a decision of the Court of […]
SPANGLER v. NORTH PACIFIC FINANCE CORP., 187 Wn. 547 (1936)
60 P.2d 232 J.W. SPANGLER et al., Respondents, v. NORTH PACIFIC FINANCE CORPORATION, Appellant. No. 25936. Department One.The Supreme Court of Washington. September 9, 1936. [1] PLEDGES (3, 4, 15) — DELIVERY AND POSSESSION — EVIDENCE AS TO CHARACTER OF TRANSACTION — ACTIONS TO ENFORCE RIGHT OF ACTION PLEDGED. In an action by trustees liquidating […]
FREE METHODIST CH. CORP. v. BROWN, 66 Wn.2d 164 (1965)
401 P.2d 655 FREE METHODIST CHURCH CORPORATION OF GREENLAKE, Respondent and Cross-appellant, v. OMAR BROWN et al., Appellants.[*] No. 37636.The Supreme Court of Washington. Department One. April 29, 1965. [*] Reported in 401 P.2d 655. [1] Limitation of Actions — Pleading — Amendments — To Conform to Proof. Where, in an action for damages for […]
INLAND EMPIRE LAND CO. v. GRANT COUNTY, 138 Wn. 439 (1926)
245 P. 14 INLAND EMPIRE LAND COMPANY, Appellant, v. GRANT COUNTY, Respondent. No. 19493. Department One.The Supreme Court of Washington. April 5, 1926. [1] TAXATION (210) — EXCESSIVE ASSESSMENT — ACTION TO SET ASIDE — SUFFICIENCY OF EVIDENCE. An excessive valuation of land for taxation at from two to four times its value, is constructively […]
RAHMAN v. STATE, 170 Wn.2d 810 (2011)
246 P.3d 182 RIZWANA RAHMAN, Respondent, v. THE STATE OF WASHINGTON, Petitioner. No. 83428-8.The Supreme Court of Washington.Argued May 18, 2010. Decided January 20, 2011. Page 811 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 812 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
STRICKLAND v. RAINIER GOLF COUNTRY CLUB, 156 Wn. 640 (1930)
287 P. 900 ERNEST L. STRICKLAND, Respondent, v. RAINIER GOLF COUNTRY CLUB, Appellant, A.E. DYE et al., Defendants. No. 22149. En Banc.The Supreme Court of Washington. May 8, 1930. [1] APPEAL AND ERROR (172) — REQUISITES — TIME OF TAKING — PREMATURE APPEAL — NOTICE — PRIOR TO ENTRY OF JUDGMENT. Under Rem. Comp. Stat., […]
PETERSON v. SMURFIT-STONE CONTAINER, 153 Wn.2d 1013 (2005)
Peterson, Petitioner, v. Smurfit-Stone Container et al., Respondents. No. 75685-6.The Supreme Court of Washington. February 1, 2005. Petition for review of a decision of the Court of Appeals, No. 51852-6-I, June 1, 2004, 121 Wn. App. 1062. Denied.
IN RE BARRY v. CRANOR, 34 Wn.2d 929 (1949)
210 P.2d 822 In the Matter of the Application for a Writ of Habeas Corpus of RICHARD BARRY, Petitioner, v. JOHN R. CRANOR, as Warden of the State Penitentiary, Respondent.[1] No. 31180.The Supreme Court of Washington. Department Two. October 25, 1949. [1] Reported in 210 P.2d 822. Application filed in the supreme court August 13, […]
WASHINGTON BEAUTY COLLEGE, INC. v. HUSE, 195 Wn. 160 (1938)
80 P.2d 403 WASHINGTON BEAUTY COLLEGE, INC., Appellant, MOLER BARBER SCHOOL, INC., et al., Plaintiffs, v. HARRY C. HUSE, as Director of Licenses, et al., Respondents. No. 27103. Department One.The Supreme Court of Washington. June 7, 1938. [1] ACTION — COURTS — DECLARATORY JUDGMENTS — CONDITIONS PRECEDENT — SUBSTANTIAL INTEREST IN CONTROVERSY. Declaratory judgments may […]
BRADLEY v. SAVAGE, INC., 13 Wn.2d 28 (1942)
123 P.2d 780 JOHN BRADLEY, Respondent, v. S.L. SAVIDGE, INC., Appellant.[1] No. 28534.The Supreme Court of Washington. En Banc. March 26, 1942. [1] Reported in 123 P.2d 780. [1] AUTOMOBILES — MASTER AND SERVANT — LIABILITY FOR INJURIES — FACTS TO BE ALLEGED AND PROVED. In an action against the owner of a car to […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 133 Wn.2d 1017 (1997)
The Supreme Court of Washington. 1997. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Wilson, Respondent, v. Olivetti N. Am., Inc., Petitioner. No. 65631-2. Petition for review of a decision of the Court of Appeals, April 22, 1997, 85 Wn. App. 804. Denied November 5, 1997. Gerard, […]
IN RE JOHNSON’S ESTATE, 39 Wn.2d 960 (1951)
235 P.2d 819 In the Matter of the Estate of MARY L. JOHNSON, Deceased. LUCENA ELIZABETH CLARK JOHNSON, Appellant, v. PORTLAND TRUST AND SAVINGS BANK, as Executor, Respondent.[1] No. 31816.The Supreme Court of Washington. Department One. September 27, 1951. [1] Reported in 235 P.2d 819. Appeal from an order of the superior court for Clark […]
STATE v. JEFFERSON, 160 Wn.2d 1002 (2007)
158 P.3d 614 State, Respondent, v. Jefferson, Petitioner. No. 78987-8.The Supreme Court of Washington. May 1, 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. 55632-1-I, June 12, 2006, 133 Wn. App. 1015. Denied.
IN RE SMITH, 42 Wn.2d 188 (1953)
254 P.2d 464 In the Matter of the Proceedings for the Discipline of JOSEPH B. SMITH, an Attorney at Law.[1] No. C.D. 4075.The Supreme Court of Washington. En Banc. March 10, 1953. [1] Reported in 254 P.2d 464. [1] ATTORNEY AND CLIENT — DISCIPLINARY PROCEEDINGS — TO DETERMINE REASONABLENESS OF FEE CHARGED OR COLLECTED. The […]
JUNKIN v. ANDERSON, 12 Wn.2d 58 (1941)
120 P.2d 548, 123 P.2d 759 BERCHIA JUNKIN et al., Appellants, v. A. ANDERSON et al., Respondents.[1] No. 28501.The Supreme Court of Washington. Department Two. December 30, 1941. [1] Reported in 120 P.2d 548; 123 P.2d 759. [1] TROVER AND CONVERSION — MEASURE OF DAMAGES. The measure of damages in conversion is the value of […]
THEODORE v. WASHINGTON NAT’L INVEST. CO., 164 Wn. 243 (1931)
2 P.2d 649 J.J. THEODORE, Respondent, v. WASHINGTON NATIONAL INVESTMENT COMPANY et al., Appellants. No. 23075. Department One.The Supreme Court of Washington. September 1, 1931. [1] ACTION (10) — JURY (4) — RIGHT TO JURY TRIAL — LEGAL OR EQUITABLE ACTIONS OR ISSUES. An action in replevin for the recovery of bonds is not converted […]
McINTYRE v. DEPT. OF LABOR IND., 23 Wn.2d 119 (1945)
159 P.2d 904 KINNARD W. McINTYRE, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.[1] No. 29067.The Supreme Court of Washington. En Banc. June 21, 1945. [1] Reported in 159 P.2d 904. [1] WORKMEN’S COMPENSATION — PROCEEDINGS TO SECURE — EVIDENCE — ADMISSIBILITY — PRIOR INJURY. In industrial insurance proceedings, where one of the issues […]
SAMS v. OLYMPIA HOLDING CO., 153 Wn. 254 (1929)
279 P. 575 J.C. SAMS, Appellant, v. OLYMPIA HOLDING COMPANY, Respondent. No. 21798. Department One.The Supreme Court of Washington. August 5, 1929. [1] BROKERS (28) — CONTRACTS FOR COMMISSION — CONSIDERATION — MORAL OBLIGATION. The moral obligation of an unenforceable oral contract to pay a broker’s commission is a sufficient consideration to support a subsequent […]
IN RE ALLEN’S ESTATE, 186 Wn. 612 (1936)
59 P.2d 360 In the Matter of the Estate of GEORGE ALLEN, Deceased. THE STATE OF WASHINGTON, by William H. Pemberton, Supervisor of Inheritance Tax and Escheat Division, Appellant, v. FRANK MARSHALL, as Administrator, et al., Respondents. No. 25620. En Banc.The Supreme Court of Washington. July 13, 1936. [1] EXECUTORS AND ADMINISTRATORS (70) — ALLOWANCE […]
IN RE MARTIN’S ESTATE, 148 Wn. 684 (1928)
270 P. 108 In the Matter of the Estate of LILLIE M. MARTIN, Deceased. No. 21271. Department One.The Supreme Court of Washington. August 30, 1928. [1] APPEAL (218) — NOTICE — SERVICE UPON WHOM TO BE MADE — SURETY ON BOND TO EXECUTOR. Where the surety on a bond given to secure executor’s fees was […]
STATE v. NORTHWEST DRUG CO., 15 Wn.2d 634 (1942)
131 P.2d 956 THE STATE OF WASHINGTON, Respondent, v. NORTHWEST DRUG COMPANY, INC., Appellant.[1] No. 28796.The Supreme Court of Washington. Department One. December 12, 1942. [1] Reported in 131 P.2d 956. [1] DRUGGISTS — CRIMINAL PROSECUTIONS — ILLEGAL SALES AT WHOLESALE. In a prosecution against a drug company for selling prophylactics at wholesale without having […]
REDDITT v. LEE, 156 Wn.2d 1007 (2006)
132 P.3d 146 Redditt, Petitioner, v. Su Nam Lee, Respondent. No. 77139-1.The Supreme Court of Washington. January 11, 2006. Petition for review of a decision of the Court of Appeals, No. 53965-5-I, April 18, 2005, 126 Wn. App. 1063. Denied.
MAHONEY v. SAILORS’ UNION, 45 Wn.2d 453 (1954)
275 P.2d 440 JOHN MAHONEY, Respondent, v. SAILORS’ UNION OF THE PACIFIC et al., Appellants.[1] No. 32101.The Supreme Court of Washington. En Banc. October 25, 1954. [1] Reported in 275 P.2d 440. [1] LABOR RELATIONS — UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS — CAUSING DISCRIMINATION BY EMPLOYER. Where a sailors’ union, through its shipping card […]
RETAIL CLERKS LOCAL UNION v. WESTLING, 41 Wn.2d 90 (1952)
247 P.2d 253 RETAIL CLERKS LOCAL UNION NO. 381 et al., Respondents, v. CARL A. WESTLING et al., Appellants.[1] No. 31947.The Supreme Court of Washington. Department One. August 21, 1952 [1] Reported in 247 P.2d 253. [1] TRADE UNIONS — SUPERIOR AND SUBORDINATE BODIES — CONSTITUTION AND BY-LAWS. A union which was organized and established […]
BRITISH COLUMBIA BREWERIES v. KING COUNTY, 17 Wn.2d 437 (1943)
135 P.2d 870 BRITISH COLUMBIA BREWERIES (1918) LIMITED, Appellant, v. KING COUNTY et al., Respondents.[1] No. 28737.The Supreme Court of Washington. En Banc. April 5, 1943. [1] Reported in 135 P.2d 870. [1] TAXATION — LEVY AND ASSESSMENT — EQUALIZATION — POWERS OF COUNTY BOARD. Rem. Rev. Stat., § 11268, providing that the county treasurer […]
HOFTO v. BLUMER, 74 Wn.2d 321 (1968)
444 P.2d 657 MARGARET E. HOFTO, as Administratrix, Appellant, v. LARRY BLUMER et al., Respondents.[*] No. 39543.The Supreme Court of Washington. Department Two. August 22, 1968. [*] Reported in 444 P.2d 657. [1] Civil Procedure — Pleading — Failure to State Claim — Complaint. A dismissal for failure to state a claim under CR 12(b) […]
LINO v. HOLE, 159 Wn. 16 (1930)
291 P. 1079 ANDREW LINO et al., Respondents, v. INGA HOLE, Appellant. No. 22348. Department Two.The Supreme Court of Washington. October 6, 1930. [1] PROCESS (20) — SERVICE — SUBSTITUTED SERVICE — LEAVING COPY AT RESIDENCE. A service of a summons and complaint by delivery to defendant’s husband in a roadway leading to and in […]
STATE v. ELLIS, 158 Wn.2d 1014 (2006)
State, Respondent, v. Ellis, Petitioner. No. 78521-0.The Supreme Court of Washington. October 31, 2006. Petition for review of a decision of the Court of Appeals, No. 23494-1-III, March 2, 2006. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied. Page 1015
MURGATROYD v. DUDLEY, 184 Wn. 222 (1935)
50 P.2d 1025 EVELYN MURGATROYD, Respondent, v. HOMER D. DUDLEY et al., Appellants. No. 25652. En Banc.The Supreme Court of Washington. October 28, 1935. [1] EVIDENCE (127, 138-1) — DOCUMENTARY EVIDENCE — PRIVATE WRITINGS — HOSPITAL RECORDS — AUTHENTICATION. In an action for malpractice, it is error to exclude an item in a hospital record, […]
SERVICE CHEVROLET v. SPARKS, 99 Wn.2d 199 (1983)
660 P.2d 760 SERVICE CHEVROLET, INC., Appellant, v. KELLEY R. SPARKS, ET AL, Respondents. No. 48218-7.The Supreme Court of Washington. En Banc. March 24, 1983. [1] Secured Transactions — Default — Repossession — Retention Discharging Debtor — Reasonableness. A secured party’s retaking possession of consumer goods for an unreasonable period of time without disposing of […]
HAMILTON v. LESLEY, 174 Wn. 516 (1933)
25 P.2d 102 GRANT HAMILTON et al., Respondents, v. W.R. LESLEY et al., Appellants. No. 24546. Department One.The Supreme Court of Washington. September 18, 1933. [1] MUNICIPAL CORPORATIONS (379, 390) — STREETS — NEGLIGENT USE — MUTUAL RIGHTS AT CROSSING — QUESTIONS FOR JURY. The contributory negligence of the plaintiff, whose automobile was struck on […]
STATE v. SPICER, 151 Wn.2d 1024 (2004)
State, Respondent, v. Spicer, Petitioner. No. 74697-4.The Supreme Court of Washington. May 4, 2004. Petition for review of a decision of the Court of Appeals, No. 27971-1-II, October 2, 2003. Denied May 4, 2004.
ISLAND LIME CO. v. SEATTLE, 144 Wn. 296 (1927)
257 P. 842 ISLAND LIME COMPANY, Respondent, v. THE CITY OF SEATTLE, Appellant. No. 20487. Department Two.The Supreme Court of Washington. July 12, 1927. [1] MUNICIPAL CORPORATIONS (190, 575) — DAMAGES — REMOVAL OF LATERAL SUPPORT — PLEADING. After the accrual of a cause of action against a city for a continuing nuisance through the […]
ROHRBACH v. SANSTROM, 172 Wn. 405 (1933)
20 P.2d 28 E.J. ROHRBACH et al., Appellants, v. HENRY SANSTROM et al., Respondents. No. 24095. Department Two.The Supreme Court of Washington. March 28, 1933. [1] QUIETING TITLE (9) — RIGHT OF ACTION — TITLE OF PLAINTIFF — NECESSITY. In an action to quiet title, the plaintiff must prevail upon the strength of his own […]
NEARHOFF v. RUCKER, 156 Wn. 621 (1930)
287 P. 658 WILLIS W. NEARHOFF et al., Respondents, v. W.J. RUCKER et al., Appellants. No. 22185. Department Two.The Supreme Court of Washington. May 6, 1930. [1] TAXATION (177) — TAX TITLE — INTEREST ACQUIRED. Under Rem. Comp. Stat., § 11098, defining real estate for the purpose of taxation as including the land and “all […]
SEABOARD SECURITIES CO., INC. v. BERG, 170 Wn. 681 (1932)
17 P.2d 646 SEABOARD SECURITIES CO., INC., Respondent, v. STEPHEN BERG, Defendant, INTERNATIONAL INDUSTRIAL SECURITIES CORPORATION, Appellant. No. 23890. Department One.The Supreme Court of Washington. December 27, 1932. [1] SALES (179-1) — CONDITIONAL SALES — ASSIGNMENT — EFFECT. Under Rem. 1927 Sup., § 3791-1, relating to the enforcement of conditional sales contracts, when assigned by […]
WHITESIDE v. LUKSON, 135 Wn.2d 1007 (1998)
959 P.2d 126 Whiteside, et al., Petitioners, v. Lukson, M.D., et al., Respondents. No. 66401-3.The Supreme Court of Washington. June 3, 1998. Petition for review of a decision of the Court of Appeals, December 9, 1997, 89 Wn. App. 109. Denied June 3, 1998.
REVIEW ORDERS, 145 Wn.2d 1014 (2001)
The Supreme Court of Washington. 2001. State, Respondent, v. Gagnon, Petitioner, No. 71409-6. Petition for review of a decision of the Court of Appeals, No. 45937-6-I, March 29, 2001. Denied December 4, 2001. Olivine Corp., Respondent, v. United Capitol Ins. Co., Petitioner, No. 71095-3. petition for review of a decision of the Court of Appeals, […]
ROBERTSON v. CITY OF SEATTLE, 154 Wn.2d 1009 (2005)
Robertson, Petitioner, v. City of Seattle, Respondent. No. 76154-0.The Supreme Court of Washington. May 3, 2005. Petition for review of a decision of the Court of Appeals, No. 51937-9-I, August 9, 2004, 122 Wn. App. 1056. Denied.
IN RE WASHINGTON MUTUAL SAVINGS BANK, 157 Wn. 698 (1930)
289 P. 555 In the Matter of the Taxation of the WASHINGTON MUTUAL SAVINGS BANK. No. 22267. En Banc.The Supreme Court of Washington. June 12, 1930. Appeal from a judgment of the superior court for Thurston county, Wilson, J., entered September 11, 1929, dismissing an action for injunctive relief submitted to the court by stipulation. […]
STATE v. RAY, 63 Wn.2d 224 (1963)
386 P.2d 423 THE STATE OF WASHINGTON, Respondent, v. ERVIN RAY, Appellant.[*] No. 36830.The Supreme Court of Washington. Department One. November 7, 1963. [*] Reported in 386 P.2d 423. [1] Rape — Evidence — Attempt — Overt Act. In a prosecution for attempted rape, held that undisputed evidence establishing a prima facie case of assault […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 138 Wn.2d 1022 (1999)
The Supreme Court of Washington. 1999. North Coast Enters., Inc., Respondent, v. Factoria Partnership, et al., Petitioners, No. 67982-7. Petition for review of a decision of the Court of Appeals, March 22, 1999, 94 Wn. App. 855. Denied September 29, 1999. State, Respondent, v. Gardner, Petitioner, No. 67983-5. Petition for review of a decision of […]
ROBERTSON v. CLUB EPHRATA, 56 Wn.2d 108 (1960)
351 P.2d 412 ELLA ROBERTSON, as Executrix, Appellant, v. CLUB EPHRATA et al., Respondents.[1] No. 35001.The Supreme Court of Washington. Department One. April 21, 1960. [1] Reported in 351 P.2d 412. [1] JUDGMENT — MERGER IN BAR — PERSONS INCLUDED — PERSONS JOINTLY LIABLE — MEMBERS OF ASSOCIATION. RCW 4.68.010 and RCW 4.28.190, relating to […]
STATE v. GASPAR, 152 Wn.2d 1001 (2004)
State, Respondent, v. Gaspar, Petitioner. No. 74197-2.The Supreme Court of Washington. September 8, 2004. Petition for review of a decision of the Court of Appeals, No. 39617-0-I, May 12, 2003, 116 Wn. App. 1064. Remanded to the Court of Appeals.
STATE v. LEWIS, 46 Wn.2d 438 (1955)
282 P.2d 297 THE STATE OF WASHINGTON, Appellant, v. MERLE FRANK LEWIS, Respondent.[1] No. 32941.The Supreme Court of Washington. Department Two. April 8, 1955. [1] Reported in 282 P.2d 297. [1] BIGAMY — NATURE AND ELEMENTS OF OFFENSE — STATUTORY PROVISIONS. Under § 201, chapter 249, Laws of 1909, the crime of bigamy can be […]
CLARK v. FOWLER, 61 Wn.2d 211 (1963)
377 P.2d 998 THOMAS CLARK et al., Appellants, v. H.D. FOWLER et al., Respondents.[*] No. 36342.The Supreme Court of Washington. Department Two. January 10, 1963. [*] Reported in 377 P.2d 998. [1] APPEAL AND ERROR — REVIEW — SUBSEQUENT APPEALS — QUESTIONS CONCLUDED — QUESTIONS NOT RAISED ON PRIOR APPEAL. Questions determined on appeal, or […]
GNECCHI v. STATE, 58 Wn.2d 467 (1961)
364 P.2d 225 JOSEPH GNECCHI, Plaintiff, v. THE STATE OF WASHINGTON, Louise S. Taylor, as Director of Licenses, Defendant and Relator, THE SUPERIOR COURT FOR KING COUNTY, Edward E. Henry, Judge, Respondent.[*] No. 35674.The Supreme Court of Washington. En Banc. August 17, 1961. [*] Reported in 364 P.2d 225. [1] CONSTITUTIONAL LAW — DUE PROCESS […]
HAMP v. HAVENS, 169 Wn. 332 (1932)
13 P.2d 75 G. FRED HAMP et al., Appellants, v. ORA E. HAVENS et al., Respondents. No. 23629. Department Two.The Supreme Court of Washington. August 19, 1932. [1] INSURANCE (30, 169) — ACTIONS — ORAL AGREEMENTS — COMPLAINT — FORM AND REQUISITES. A complaint against an insurance agent and four insurance companies represented by the […]
STATE v. CLARK, 156 Wn. 47 (1930)
286 P. 69 THE STATE OF WASHINGTON, Respondent, v. PRESTON RAY CLARK, Appellant. No. 21609. En Banc.The Supreme Court of Washington. March 25, 1930. [1] APPEAL AND ERROR (401) — REVIEW — DISCRETION — REVIEW FOR ABUSE. Under Rem. Comp. Stat., § 2161, making separate trials for defendants jointly accused discretionary with the trial judge, […]
POSTEMA v. POSTEMA ENTERS., INC., 151 Wn.2d 1011 (2004)
Postema, Individually and as Personal Representative, Plaintiff, Scarbrough, Respondent, v. Postema Enters., Inc., et al., Petitioners. No. 74406-8.The Supreme Court of Washington. April 6, 2004. Petition for review of a decision of the Court of Appeals, No. 50718-4-I, July 21, 2003, 118 Wn. App. 185. Denied April 6, 2004.
HAUBER v. COUNTY OF YAKIMA, 147 Wn.2d 655 (2002)
56 P.3d 559 TRACI HAUBER, individually, as Personal Representative of the Estate of Rusty Hauber, and as Guardian of Tyson Scott Hauber and Tori Lee Hauber, minor children, Petitioner v. YAKIMA COUNTY, a political subdivision of the State of Washington, Respondent, and ROZA IRRIGATION DISTRICT, a Washington corporation, and JOHN DOES 1 through 10, Defendants. […]
BAUMGARTNER v. STATE, 154 Wn.2d 1025 (2005)
Baumgartner et al., Petitioners, v. State et al., Respondents. No. 76370-4.The Supreme Court of Washington. July 13, 2005. Petition for review of a decision of the Court of Appeals, No. 30397-3-II, September 28, 2004, 124 Wn. App. 738. Denied. Page 1026
STATE v. ELLSWORTH, 155 Wn.2d 1025 (2005)
126 P.3d 820 State, Respondent, v. Ellsworth, Petitioner. No. 76934-6.The Supreme Court of Washington. November 30, 2005. Petition for review of decisions of the Court of Appeals, Nos. 30348-5-II, 30351-5-II, 30358-2-II, 31558-1-II, 31568-8-II, and 31571-8-II, March 8, 2005, 126 Wn. App. 1018. Denied.
BINKLEY v. TACOMA, 114 Wn.2d 373 (1990)
787 P.2d 1366 KENNETH L. BINKLEY, Appellant, v. THE CITY OF TACOMA, Respondent. No. 55888-4.The Supreme Court of Washington. En Banc. March 22, 1990. [1] Public Employment — Constitutional Law — Freedom of Speech — Public Employee — Adverse Employment Decision — Test. A public employer’s employment decision adverse to an employee who had engaged […]
CURTIS v. PUGET SOUND BRIDGE DREDG. CO., 133 Wn. 323 (1925)
233 P. 936 ROY CURTIS et al., Respondents, v. PUGET SOUND BRIDGE DREDGING COMPANY, Appellant. No. 19043. Department Two.The Supreme Court of Washington. March 6, 1925. TRIAL (134) — VERDICT — CONSTRUCTION AND OPERATION — JOINT TORT FEASORS — VERDICT DISMISSING ONE DEFENDANT. A verdict against a servant does not release the employer for negligence […]
GRANAT v. KEASLER, 99 Wn.2d 564 (1983)
663 P.2d 830 FRANK GRANAT, JR., Respondent, v. WILLIAM KEASLER, Appellant. No. 48917-3.The Supreme Court of Washington. En Banc. May 19, 1983. [1] Statutes — Validity — Ordinance — Police Power — Test. A party challenging the validity of a municipal ordinance overcomes the presumption of validity by showing that the ordinance is an unreasonable […]
CONKLIN v. SHINPOCH, 107 Wn.2d 410 (1986)
730 P.2d 643 BETTE J. CONKLIN, ET AL, Respondents, v. A.N. SHINPOCH, as Secretary of the Department of Social and Health Services, Appellant. No. 52475-1.The Supreme Court of Washington. En Banc. December 18, 1986. [1] Public Assistance — General Assistance — Eligibility — SSI-Ineligible Spouse — Statutory Provisions. An unemployable person who is ineligible for […]
STATE v. MILHOUSE, 154 Wn.2d 1003 (2005)
State, Respondent, v. Milhouse, Petitioner. No. 76004-7.The Supreme Court of Washington. May 3, 2005. Petition for review of a decision of the Court of Appeals, No. 29515-6-II, August 3, 2004, 122 Wn. App. 1051. Denied.
EVERETT CONCRETE v. LABOR INDUS., 109 Wn.2d 819 (1988)
748 P.2d 1112 EVERETT CONCRETE PRODUCTS, INC., Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent. No. 53879-4.The Supreme Court of Washington. En Banc. January 21, 1988. [1] Statutes — Construction — Ambiguity — Scope of Act. When the scope of an enactment is ambiguous, the courts may resort to authority outside the language of […]
STATE v. GONZALEZ, 165 Wn.2d 1011 (2008)
State, Respondent, v. Gonzalez, Petitioner. No. 81768-5.The Supreme Court of Washington. December 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. 59241-6-I, May 9, 2008. Denied.
STATE v. McCABE, 146 Wn. 626 (1927)
264 P. 15 THE STATE OF WASHINGTON, Appellant, v. A.C. McCABE, Respondent. No. 21017. Department One.The Supreme Court of Washington. February 20, 1927. [1] INDICTMENT AND INFORMATION (72) — DUPLICITY — JOINING DIFFERENT OFFENSES. Under Rem. 1927 Sup., § 2059, it is proper to join in one information two counts for two distinct robberies committed […]
McCOY v. AMERICAN SUZUKI MOTOR CORP., 136 Wn.2d 350 (1998)
961 P.2d 952 JAMES M. MCCOY, ET AL., Respondents, v. AMERICAN SUZUKI MOTOR CORPORATION, ET AL., Petitioners. No. 65549-9.The Supreme Court of Washington. En Banc.Argued May 12, 1998. Decided September 10, 1998. Page 351 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]
IN RE PARENTAGE OF L.B., 152 Wn.2d 1013 (2004)
In re Parentage of L.B. Carvin, Respondent, v. Britain, Petitioner. No. 75626-1.The Supreme Court of Washington. October 6, 2004. Petition for review of a decision of the Court of Appeals, No. 52151-9-I, May 3, 2004, 121 Wn. App. 460. Granted.
IN RE YOUNG, 161 Wn.2d 1028 (2007)
172 P.3d 360 In re Detention of Young. No. 79747-1.The Supreme Court of Washington. November 1, 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. 56171-5-I, December 7, 2006. Granted.
STATE v. LYONS, 167 Wn.2d 1002 (2009)
220 P.3d 208 State, Respondent, v. Lyons, Petitioner. No. 83171-8.The Supreme Court of Washington. November 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. 60947-5-I, April 13, 2009, 149 Wn. App. 1046. Review Orders. Denied.
STATE v. WADSWORTH, 139 Wn.2d 724 (2000)
991 P.2d 80 THE STATE OF WASHINGTON, Appellant, v. DENNIS L. WADSWORTH, Respondent. No. 67454-0.The Supreme Court of Washington. En Banc.Argued September 14, 1999. Decided January 13, 2000. Page 725 Russell D. Hauge, Prosecuting Attorney, and Jeffrey J. Jahns, and Pamela B. Loginsky, Deputies, for appellant. Ramona C. Brandes of Ronald D. Ness Associates, for […]
DISCIPLINE OF LONGACRE, 155 Wn.2d 723 (2005)
122 P.3d 710 In the Matter of the Disciplinary Proceeding Against CLAYTON E. LONGACRE, an Attorney at Law. No. 200,116-5.The Supreme Court of Washington.Argued March 10, 2005. Decided November 10, 2005. Page 724 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 725 […]
STATE v. VEGA, 165 Wn.2d 1024 (2009)
State, Respondent, v. Vega, Petitioner. No. 82005-8.The Supreme Court of Washington. February 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. 24889-5-III, June 3, 2008, 144 Wn. App. 914. Denied
GORDON v. DEER PARK SCH. DIST., 71 Wn.2d 119 (1967)
426 P.2d 824 MICHAEL GORDON, Respondent, v. DEER PARK SCHOOL DISTRICT NO. 414, et al., Appellants.[*] No. 38600.The Supreme Court of Washington. Department Two. April 20, 1967. [*] Reported in 426 P.2d 824. [1] New Trial — Irregularity in Trial — Prejudiced Juror. The express prejudice of a juror, together with the juror’s failure to […]
STATE v. DEARINGER, 72 Wn.2d 938 (1967)
435 P.2d 677 THE STATE OF WASHINGTON, Respondent, v. ANTHONY ELLSWORTH DEARINGER, Appellant.[*] No. 39498.The Supreme Court of Washington. Department Two. December 28, 1967. [*] Reported in 435 P.2d 677. [1] Abduction — For Purpose of Intercourse With Third Person. Under RCW 9.79.050, which defines the crime of abduction as the taking of a female […]
IN RE ESTATES OF SULLIVAN, 151 Wn.2d 1037 (2004)
In re Estates of Sullivan. Hays, as Personal Representative, et al., Respondents, v. Brashear, as Guardian, et al., Petitioners. No. 74888-8.The Supreme Court of Washington. July 7, 2004. Petition for review of a decision of the Court of Appeals, No. 49266-7-I, March 31, 2003, 116 Wn. App. 1025. Denied July 7, 2004.
SHOPPING CENTER ETC. CO. v. RUPP, 54 Wn.2d 624 (1959)
343 P.2d 877 SHOPPING CENTER MANAGEMENT COMPANY, INC., et al., Respondents, v. M.F. RUPP et al., Appellants.[1] No. 34835.The Supreme Court of Washington. Department One. September 10, 1959. [1] Reported in 343 P.2d 877. [1] CONTRACTS — CONSTRUCTION AND OPERATION — WARRANTIES. A contractor guaranteed the materials and equipment installed by him would operate satisfactorily […]
STATE EX REL. WESTERN ETC. v. SUP. CT., 26 Wn.2d 740 (1946)
175 P.2d 640 THE STATE OF WASHINGTON, on the Relation of Western Canadian Greyhound Lines, Limited, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, Robert M. Jones, Judge, Respondent.[1] No. 30032.The Supreme Court of Washington. Department One. December 19, 1946. [1] Reported in 175 P.2d 640. [1] PROHIBITION — MANDAMUS — CERTIORARI — RETURN TO […]
RUCHERT v. BOYD, 56 Wn.2d 266 (1960)
352 P.2d 216 DOROTHY RUCHERT, as Administratrix, Respondent, v. E.N. BOYD, as Executor, et al., Appellants.[1] No. 35328.The Supreme Court of Washington. Department One. May 26, 1960. [1] Reported in 352 P.2d 216. [1] WILLS — LAPSE OF BEQUEST OR DEVISE — FAILURE OF BENEFICIARY TC SURVIVE TESTATOR. The term “relative,” as used in RCW […]
STATE v. TETZLAFF, 161 Wn.2d 1007 (2007)
166 P.3d 1218 State, Respondent, v. Tetzlaff, Petitioner. No. 76018-7.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. 53729-6-I, August 9, 2004, 122 Wn. App. 1067. Denied.
STATE v. CHAMPION, 160 Wn.2d 1006 (2007)
158 P.3d 615 State, Respondent, v. Champion, Petitioner. No. 79082-5.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 decision of the Court of Appeals, No. 33476-3-II, August 8, 2006, 134 Wn. App. 483. Denied.