377 P.2d 244 In the Matter of the Application for a Writ of Habeas Corpus of CAZ R. HENDERSON, Respondent, v. TIM McCULLOUGH et al., Appellants.[*] No. 36297.The Supreme Court of Washington. Department Two. December 20, 1962. [*] Reported in 377 P.2d 244. [1] APPEAL AND ERROR — RESERVATION OF GROUNDS — MATTERS NOT RAISED […]
Category: Washington Supreme Court Opinions
PRICE v. FARMERS INS. CO., 133 Wn.2d 490 (1997)
946 P.2d 388 CLINE PRICE, Petitioner, v. FARMERS INSURANCE COMPANY OF WASHINGTON, Respondent. No. 64257-5.The Supreme Court of Washington. En Banc.Argued February 26, 1997. Decided November 13, 1997. Page 491 TALMADGE, J., DURHAM, C.J., and DOLLIVER, J., dissent by separate opinion. Page 492 Appeal from the Superior Court for Skagit County, No. 94-2-00659-5, Stanley K. […]
STATE v. FRANETICH, 150 Wn.2d 1015 (2003)
State, Respondent, v. Franetich, Petitioner. No. 73912-9.The Supreme Court of Washington. En Banc. November 4, 2003. Petition for review of a decision of the Court of Appeals, No. 21003-1-III, April 8, 2003, 116 Wn. App. 1035. Denied.
FITZGERALD v. LEUTHOLD, 30 Wn.2d 402 (1948)
192 P.2d 371 JOHN D.L. FITZGERALD, Appellant, v. JOHN H. LEUTHOLD, Respondent. In the Matter of the Guardianship of JOHN L. FITZGERALD, a Minor. W.M. LEUTHOLD et al., Respondents, v. JOHN D.L. FITZGERALD, Appellant.[1] Nos. 30363, 30364.The Supreme Court of Washington. Department Two. April 1, 1948. [1] Reported in 192 P.2d 371. [1] PARENT AND […]
RUSHTON v. BORDEN, 29 Wn.2d 831 (1948)
190 P.2d 101 O.S. RUSHTON, Appellant, v. VICTOR BORDEN, Respondent and Cross-appellant.[1] No. 30271.The Supreme Court of Washington. Department Two. February 20, 1948. [1] Reported in 190 P.2d 101. [1] BOUNDARIES — ESTABLISHMENT — LOCATION OF CORNERS — EVIDENCE — SUFFICIENCY. In an action to quiet title to a tract of land described by metes […]
SEVENER v. N.W. TRACTOR EQUIP. CORP., 41 Wn.2d 1 (1952)
247 P.2d 237 BERNARD C. SEVENER, Respondent, v. NORTHWEST TRACTOR AND EQUIPMENT CORPORATION, Appellant.[1] No. 31934.The Supreme Court of Washington. Department One. August 7, 1952. [1] Reported in 247 P.2d 237. [1] APPEAL AND ERROR — REVIEW — LAW OF THE CASE — INSTRUCTIONS NOT EXCEPTED TO. Where no exception was taken to an instruction, […]
IN RE DISCIPLINE OF HOLCOMB, 162 Wn.2d 563 (2007)
173 P.3d 898 In the Matter of the Disciplinary Proceeding Against JAMES BYRON HOLCOMB, an Attorney at Law. No. 200,448-2.The Supreme Court of Washington.Argued September 11, 2007. Decided December 20, 2007. Page 564 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 565 […]
HAHN v. BRICKELL, 140 Wn. 412 (1926)
249 P. 780 GRACE HAHN, Respondent, v. EDNA BRICKELL et al., Appellants. No. 19866. Department Two.The Supreme Court of Washington. October 8, 1926. [1] TRIAL (54) — TAKING QUESTION FROM JURY — CONFLICTING EVIDENCE. Upon a conflict in the testimony of a party and one of his own witnesses who failed to corroborate him, it […]
STATE EX REL. ADAMS v. SUP. CT., 57 Wn.2d 181 (1960)
356 P.2d 985 THE STATE OF WASHINGTON, on the Relation of Irene Adams, Relator, v. THE SUPERIOR COURT FOR OKANOGAN COUNTY, Joseph Wicks, Judge, Respondent.[1] No. 35457.The Supreme Court of Washington. En Banc. October 20, 1960. [1] Reported in 356 P.2d 985. [1] INDIANS — JURISDICTION — ENROLLED INDIANS. The federal government has exclusive jurisdiction […]
STATE v. YOUNG, 76 Wn.2d 551 (1969)
458 P.2d 8 THE STATE OF WASHINGTON, Respondent, v. DOROTHYA YOUNG, Appellant.[*] No. 40334.The Supreme Court of Washington. Department One. August 21, 1969. [*] Reported in 458 P.2d 8. [1] Arrest — Probable Cause — Reasonableness. The standard of probable cause, essential to an arrest without a warrant, is to be given a nontechnical application. […]
CONSOLIDATED FREIGHTWAYS v. MOORE, 38 Wn.2d 427 (1951)
229 P.2d 882 CONSOLIDATED FREIGHTWAYS, INC., Respondent, v. FRANK L. MOORE, Appellant.[1] No. 31631.The Supreme Court of Washington. Department Two. April 12, 1951. [1] Reported in 229 P.2d 882. [1] INDEMNITY — ACTIONS ON CONTRACTS — FORM OF REMEDY. Where a lessor of a truck agreed to indemnify the lessee in case of injury or […]
STATE v. LEDFORD, 195 Wn. 581 (1938)
81 P.2d 830 THE STATE OF WASHINGTON, Appellant, v. ARTHUR LEDFORD, Respondent. No. 27011. En Banc.The Supreme Court of Washington. August 1, 1938. [1] PERJURY — INDICTMENT AND INFORMATION — SUFFICIENCY — PERJURY IN MAKING DEPOSITIONS — SIGNATURE — NECESSITY. In a prosecution for perjury in making a statement or affidavit before a notary public, […]
STATE v. ROACH, 163 Wn.2d 1019 (2008)
180 P.3d 1292 State, Respondent, v. Roach, Petitioner. No. 80475-3.The Supreme Court of Washington. April 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. 35545-1-II, July 24, 2007, 139 Wn. App. 1074. Denied.
CHELAN COUNTY v. NYKREIM, 146 Wn.2d 904 (2002)
52 P.3d 1 CHELAN COUNTY, a municipal corporation; Eric Gebelein and Rebecca Waud, husband and wife, and the marital community composed thereof; Joseph J. Straus and Mary Shima, husband and wife, and the marital community composed thereof; Gary Kincaid and Julienne Kincaid, husband and wife, and the marital community composed thereof; and David Bale and […]
MORK v. DEPT. LABOR IND., 48 Wn.2d 74 (1955)
291 P.2d 650 MINNIE MORK, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Defendant, GLACIER SAND GRAVEL COMPANY, Appellant.[1] No. 33224.The Supreme Court of Washington. Department Two. December 15, 1955. [1] Reported in 291 P.2d 650. [1] WORKMEN’S COMPENSATION — COMPENSABLE INJURIES — NORMAL ACTS OF WORKMAN. The act of a workman in returning up […]
GILLILAND v. MT. VERNON ETC., 51 Wn.2d 712 (1958)
321 P.2d 558 N.J. GILLILAND, Respondent, v. MOUNT VERNON HOTEL COMPANY, Appellant.[1] No. 34139.The Supreme Court of Washington. Department Two. February 13, 1958. [1] Reported in 321 P.2d 558. [1] FRAUD — DECEPTION CONSTITUTING — FRAUDULENT CONCEALMENT — DUTY TO DISCLOSE FACTS. It was not fraudulent for a manager and former lessee of a hotel […]
VANDER VATE v. WATSON, 19 Wn.2d 68 (1943)
140 P.2d 964 ANNA VANDER VATE, Respondent, v. ANNA WATSON et al., Appellants.[1] No. 28957.The Supreme Court of Washington. Department Two. September 9, 1943. [1] Reported in 140 P.2d 964. [1] INJUNCTION — GROUNDS OF RELIEF — SUBSTANTIAL CHARACTER OF INJURY — TRIVIAL MATTERS. An application to enjoin interference with the peaceable possession of leased […]
STATE v. REDWINE, 23 Wn.2d 467 (1945)
161 P.2d 205 THE STATE OF WASHINGTON, Respondent, v. ROBERT REDWINE, Appellant.[1] No. 29427.The Supreme Court of Washington. En Banc. August 3, 1945. [1] Reported in 161 P.2d 205. [1] ASSAULT AND BATTERY — EVIDENCE — SUFFICIENCY. In a prosecution for assault in the second degree, held that the testimony given at the trial contains […]
ROBINSON v. ROBINSON, 37 Wn.2d 511 (1950)
225 P.2d 411 LOIS ROBINSON, Respondent, v. JOHN C. ROBINSON, Appellant.[1] No. 31440.The Supreme Court of Washington. Department One. November 30, 1950. [1] Reported in 225 P.2d 411. [1] DIVORCE — DISPOSITION OF PROPERTY — PROPERTY SETTLEMENT AGREEMENTS. Where, by a property settlement agreement which had become a part of a divorce decree, a wife […]
IN RE D.F.M., 170 Wn.2d 1026 (2011)
249 P.3d 181 In re Dependency of D.F.M. No. 85104-2.The Supreme Court of Washington. February 1, 2011. Petition for review of a decision of the Court of Appeals, No. 63624-3-1, August 2, 2010, 157 Wn. App. 179. Denied.
BOYCE v. FRYE LETTUCE FARM, INC., 181 Wn. 157 (1935)
42 P.2d 444 PATRICK A. BOYCE, Appellant, v. FRYE LETTUCE FARM, INC., et al., Respondents. No. 25434. Department One.The Supreme Court of Washington. March 19, 1935. [1] APPEAL AND ERROR (172) — REQUISITES AND PROCEEDINGS — TIME OF TAKING PROCEEDINGS — PREMATURE APPEAL. Where the court proceeds at one hearing, in an orderly way, to […]
STEPHENSON v. KENWORTHY GRAIN MILLING CO., 186 Wn. 114 (1936)
56 P.2d 1301 CLYDE STEPHENSON, Respondent, v. KENWORTHY GRAIN MILLING COMPANY, Appellant. No. 25973. Department Two.The Supreme Court of Washington. April 21, 1936. [1] CONTRACTS (62) — CONSTRUCTION — LANGUAGE OF INSTRUMENT — AMBIGUITY — EQUITABLE CONSTRUCTION. Where a contract is extremely ambiguous, it is to be construed most strongly against the party drafting it. […]
KELLY v. AETNA CAS. SURETY CO., 100 Wn.2d 401 (1983)
670 P.2d 267 TERRENCE W. KELLY, Petitioner, v. AETNA CASUALTY SURETY COMPANY, Respondent. No. 49046-5.The Supreme Court of Washington. En Banc. October 13, 1983. [1] Insurance — Construction of Policy — In General. Determination of the contractual obligations of parties to insurance contracts is a question of law. [2] Insurance — Construction of Policy — […]
STATE v. HILL, 161 Wn.2d 1011 (2007)
166 P.3d 1218 State, Respondent, v. Hill, Petitioner. No. 79568-1.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. 55071-3-I, October 23, 2006, 135 Wn. App. 1021. Denied.
JOHNSON ET AL. v. CAMP AUTO., INC., ET AL., 166 Wn.2d 1019 (2009)
217 P.3d 782 Johnson et al., Petitioners, v. Camp Auto., Inc., et al., Respondents. No. 82828-8.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. 26667-2-III, January 8, 2009, 148 Wn. App. 181. […]
CORNICK v. NORDBY, 133 Wn. 287 (1925)
233 P. 278 WILLIAM CORNICK et al., Respondents, v. C.F. NORDBY, Appellant. No. 19069. Department Two.The Supreme Court of Washington. March 4, 1925. HIGHWAYS (52, 57) — AUTOMOBILES — NEGLIGENT USE — EVIDENCE — SUFFICIENCY. A verdict for damages in a collision of cars is sustained where there was evidence that plaintiff’s car, travelling as […]
KARR v. MAHAFFAY, 146 Wn. 569 (1928)
264 P. 2 BLANCHE I. KARR, Respondent, v. R.E. MAHAFFAY et al., Appellants, JAY DUMAS, Defendant. No. 20970. Department One.The Supreme Court of Washington. February 15, 1928. [1] APPEAL (473) — REVIEW — FORMER DECISION AS LAW OF CASE. Matters necessarily determined on a former appeal become the law of the case and are concluded […]
BROWN v. FIRE PROTEC. DIST., 100 Wn.2d 188 (1983)
668 P.2d 571 THOMAS BROWN, as Personal Representative, Petitioner, v. SPOKANE COUNTY FIRE PROTECTION DISTRICT NO. 1, Respondent. SPOKANE COUNTY FIRE PROTECTION DISTRICT NO. 1, Respondent, v. VICTOR HOLMES, Petitioner. No. 48689-1.The Supreme Court of Washington. En Banc. August 4, 1983. [1] Automobiles — Emergency Vehicles — Duty of Care — Statutory Privileges — Effect. […]
CITIZENS v. BOARD OF REGENTS, 86 Wn.2d 323 (1976)
544 P.2d 740 CITIZENS INTERESTED IN THE TRANSFUSION OF YESTERYEAR, ET AL, Respondents, v. THE BOARD OF REGENTS OF THE UNIVERSITY OF WASHINGTON, ET AL, Petitioners. No. 43786.The Supreme Court of Washington. En Banc. January 8, 1976. [1] Environment — SEPA — Action To Challenge — Governmental Action — Building Permit. The issuance of building […]
NEELEY v. LOCKTON, 63 Wn.2d 929 (1964)
389 P.2d 909 FRANCES LOUISE NEELEY, Respondent, v. JOHN D. LOCKTON et al., Defendants, DORA CHRISTINE GARCIA, Appellant.[*] No. 36841.The Supreme Court of Washington. En Banc. March 5, 1964. [*] Reported in 389 P.2d 909. [1] Husband and Wife — Community Property — Statutory Provisions — Supremacy. Where a conflict exists between a contractual designation […]
MARSHALL v. HILLMAN INVESTMENT CO., 151 Wn. 529 (1929)
276 P. 564 W.M. MARSHALL, Appellant, v. HILLMAN INVESTMENT COMPANY et al., Respondents. No. 21483. Department One.The Supreme Court of Washington. April 16, 1929. [1] FRAUDS, STATUTE OF (57) — PLEADING STATUTE AS DEFENSE — SUFFICIENCY OF DENIALS AND ALLEGATIONS. Where the complaint sets out a contract within the statute of frauds, alleging that it […]
STATE v. FLINN, 152 Wn.2d 1013 (2004)
State, Respondent, v. Flinn, Petitioner. No. 75092-1.The Supreme Court of Washington. October 6, 2004. Petition for review of a decision of the Court of Appeals, No. 51473-3-I, November 24, 2003, 119 Wn. App. 232. Granted on a specific issue.
STATE v. HICKS, 76 Wn.2d 80 (1969)
455 P.2d 943 THE STATE OF WASHINGTON, Respondent, v. LARRY WARREN HICKS, Appellant.[*] No. 40252.The Supreme Court of Washington. Department Two. May 22, 1969. [*] Reported in 455 P.2d 943. [1] Criminal Law — Right to Counsel — Lineup — Independent Identification. The failure to advise an accused of his right to counsel prior to […]
HARRINGTON v. W.E. ROCHE FRUIT CO., 192 Wn. 646 (1937)
74 P.2d 194 JERRY HARRINGTON, Respondent, v. W.E. ROCHE FRUIT COMPANY, Appellant. No. 26679. Department One.The Supreme Court of Washington. December 21, 1937. [1] PLEADING — AMENDMENT — TO CONFORM TO PROOF. Error can not be assigned on a variance between the complaint and the evidence, where, before submission of the case, the complaint was […]
STATE v. ERIKSEN, 172 Wn.2d 506 (2011)
259 P.3d 1079 THE STATE OF WASHINGTON, Respondent, v. LORETTA LYNN ERIKSEN, Petitioner. No. 80653-5.The Supreme Court of Washington.Argued May 3, 2011. Decided September 1, 2011. Page 507 Appeal from the Superior Court for Whatcom County, No. 06-1-00516-6, Leon F. Henley, Jr., J. William J. Johnston, for petitioner. David S. McEachran, Prosecuting Attorney, and Ann […]
WOOD LUMBER CO. v. WHATCOM COUNTY, 5 Wn.2d 63 (1940)
104 P.2d 912 E.K. WOOD LUMBER COMPANY, Respondent, v. WHATCOM COUNTY et al., Appellants.[1] No. 27960.The Supreme Court of Washington. Department Two. August 6, 1940. [1] Reported in 104 P.2d 912. [2] See 26 R.C.L. 351 (8 Perm. Supp. 5764). [1] TAXATION — LEVY AND ASSESSMENT — SUPPLEMENTAL ASSESSMENT — GROUNDS — CONSTRUCTIVE FRAUD OF […]
STATE FARM INSURANCE v. EMERSON, 102 Wn.2d 477 (1984)
687 P.2d 1139 STATE FARM GENERAL INSURANCE COMPANY, Respondent, v. GOLDA EMERSON, Individually and as Personal Representative, ET AL, Appellants. No. 50459-8.The Supreme Court of Washington. En Banc. September 6, 1984. [1] Insurance — Construction of Policy — Average Purchaser — Determination. The manner in which an average purchaser of insurance would understand the policy […]
CHILES v. KAIL, 34 Wn.2d 600 (1949)
208 P.2d 1198 JAMES P. CHILES, Appellant, v. JEAN KAIL, Respondent.[1] No. 30820.The Supreme Court of Washington. Department Two. August 18, 1949. [1] Reported in 208 P.2d 1198. [1] LIMITATION OF ACTIONS — STATUTES OF LIMITATION — ACTION BASED ON FRAUD. Under Rem. Rev. Stat. (Sup.), § 159, an action based on fraud is barred […]
STATE v. GRIMES, 160 Wn.2d 1002 (2007)
158 P.3d 614 State, Respondent, v. Grimes, Petitioner. No. 78993-2.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. 23888-1-III, June 29, 2006, 133 Wn. App. 1035. Denied.
JOLLEY v. BLUESHIELD, 168 Wn.2d 1038 (2010)
Jolley, Petitioner, v. Regence BlueShield, Respondent. No. 84076-8.The Supreme Court of Washington. June 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. 38061-7-II, December 8, 2009, 153 Wn. App. 434. Denied.
HENSON v. CRISP, 135 Wn.2d 1010 (1998)
960 P.2d 937 Henson, et al., Petitioners, v. Crisp, et al., Respondents, No. 66410-2.The Supreme Court of Washington. July 8, 1998. Petition for review of a decision of the Court of Appeals, December 2, 1997, 88 Wn. App. 957. Denied July 8, 1998.
IN MATTER OF CAMPBELL v. CRANOR, 35 Wn.2d 938 (1949)
212 P.2d 1019 In the Matter of the Application for a Writ of Habeas Corpus of CHRISTOPHER GEORGE CAMPBELL, Petitioner, v. JOHN R. CRANOR, as Warden of the State Penitentiary, Respondent.[2] No. 31254.The Supreme Court of Washington. December 31, 1949. [2] Reported in 212 P.2d 1019. Application filed in the supreme court November 3, 1949, […]
STATE EX REL. WASH. ETC. v. COE, 49 Wn.2d 849 (1957)
307 P.2d 279 THE STATE OF WASHINGTON, on the Relation of the Washington State Sportsmen’s Council, Inc., et al., Plaintiff, v. EARL COE, as Secretary of State, Respondent.[1] No. 34133.The Supreme Court of Washington. En Banc. February 14, 1957. [1] Reported in 307 P.2d 279. [1] CONSTITUTIONAL LAW — AMENDMENTS — WHEN EFFECTIVE. The thirtieth […]
STATE v. AMUNDSEN, 37 Wn.2d 356 (1950)
223 P.2d 1067 THE STATE OF WASHINGTON, Respondent, v. ARTHUR AMUNDSEN, Appellant.[1] No. 31373.The Supreme Court of Washington. Department One. November 9, 1950. [1] Reported in 223 P.2d 1067. [1] CRIMINAL LAW — EVIDENCE — OTHER OFFENSES. A defendant must be tried for the offense charged in the information, and to introduce evidence of prior […]
CALDERHEAD v. SMITH, 162 Wn. 406 (1931)
298 P. 421 ELTINA M. CALDERHEAD, Respondent, v. A.E. SMITH, Appellant. No. 22972. Department Two.The Supreme Court of Washington. May 4, 1931. [1] LIMITATION OF ACTIONS (10, 48) — COMPUTATION OF PERIOD — RECOVERY OF REAL PROPERTY — INFANCY. An action to set aside an administrator’s deed, brought by one who was a minor when […]
NORDSTROM, INC. v. TAMPOURLOS, 107 Wn.2d 735 (1987)
733 P.2d 208 NORDSTROM, INC., Petitioner, v. G. JAMES TAMPOURLOS, ET AL, Respondents. No. 52717-2.The Supreme Court of Washington. En Banc. February 26, 1987. [1] Consumer Protection — Action for Damages — Elements. To recover damages under the Consumer Protection Act (RCW 19.86), a private party must prove that the defendant’s act or practice is […]
NATIONAL BANK v. EQUITY INVESTORS, 86 Wn.2d 545 (1976)
546 P.2d 440 NATIONAL BANK OF WASHINGTON, ET AL, Respondents, v. EQUITY INVESTORS, ET AL, Defendants, WALTER F. STEPNITZ, ET AL, Appellants, TRANSAMERICA TITLE INSURANCE COMPANY, Respondent. No. 43558.The Supreme Court of Washington. En Banc. February 19, 1976. [1] Guaranty and Suretyship — Construction — In General. Suretyship is a contractual relationship subject to the […]
DONATI v. DEPT. LAB. IND., 35 Wn.2d 151 (1949)
211 P.2d 503 GUS DONATI, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.[1] No. 30853.The Supreme Court of Washington. En Banc. November 17, 1949. [1] Reported in 211 P.2d 503. [1] WORKMEN’S COMPENSATION — PROCEEDINGS TO SECURE — AGGRAVATION OF INJURY — APPLICATION TO REOPEN CLAIM — REQUISITES. An application to reopen a claim […]
BOCEK v. BAYLEY, 81 Wn.2d 831 (1973)
505 P.2d 814 JOHN BOCEK et al., Appellants, v. CHRISTOPHER T. BAYLEY et al., Respondents. No. 42506.The Supreme Court of Washington. En Banc. January 18, 1973. [1] Officers — Removal — In General. Elected state or municipal officials may be removed from office only for cause, i.e., misfeasance, malfeasance, or violation of oath of office. […]
STATE v. GRAGG, 160 Wn.2d 1012 (2007)
161 P.3d 1026 State, Respondent, v. Gragg, Petitioner. In re Pers. Restraint of Gragg, Petitioner. No. 79139-2.The Supreme Court of Washington. June 5, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decisions of the Court of Appeals, Nos. 32776-7-II and 33542-5-II, August 4, 2006, 134 […]
TABOR v. MOORE, 81 Wn.2d 613 (1972)
503 P.2d 736 LANGSTON TABOR et al., Petitioners, v. FRANK MOORE et al., Respondents. No. 42497.The Supreme Court of Washington. En Banc. November 30, 1972. [1] Courts — Constitutional Law — Distribution of Powers — Denial of Constitutional Rights — Corrective Action. The courts may grant relief from unconstitutional practices on the part of members […]
DISCOUNT CORP. OF WASH. v. PHILIPPINE MFG. CO., 150 Wn. 274 (1928)
272 P. 970 DISCOUNT CORPORATION OF WASHINGTON, Respondent, v. PHILIPPINE MANUFACTURING COMPANY OF AMERICA, Appellant. No. 21398. Department One.The Supreme Court of Washington. December 13, 1928. [1] SALES (3-1, 9) — REQUISITES AND VALIDITY — AGENCY — OFFER TO SELL AND ACCEPTANCE. The evidence sustains findings that an offer of cardboard cartons was accepted by […]
STATE v. FASICK, 140 Wn. 198 (1926)
248 P. 384 THE STATE OF WASHINGTON, Respondent, v. ED FASICK et al., Appellants. No. 19988. Department Two.The Supreme Court of Washington. August 17, 1926. [1] CRIMINAL LAW (185) — ALIBI — EVIDENCE — SUFFICIENCY. In a prosecution of three, jointly, for robbery, the defense of alibi as to one of the accused is for […]
SCHOOLEY v. PINCH’S DELI MKT., INC., 129 Wn.2d 1025 (1996)
922 P.2d 98 Schooley, Respondent, v. Pinch’s Deli Mkt., Inc., et al., Petitioners. No. 64023-8.The Supreme Court of Washington. September 3, 1996. Petition for review of a decision of the Court of Appeals, March 15, 1996, 80 Wn. App. 862. Granted September 3, 1996.
SWENSON v. SEATTLE ETC. COUNCIL, 25 Wn.2d 612 (1946)
171 P.2d 699 H.F. SWENSON, Appellant, v. SEATTLE CENTRAL LABOR COUNCIL et al., Respondents.[1] No. 29988.The Supreme Court of Washington. En Banc. August 12, 1946. [1] Reported in 171 P.2d 699. [1] INJUNCTION — TRADE UNIONS — LABOR DISPUTES — STATUTORY PROVISIONS. Under Rem. Rev. Stat. (Sup.), §§ 7612-7, 7612-9, no restraining order or temporary […]
McPHEE v. STEINHAUER FAMILY INVS., 169 Wn.2d 1030 (2010)
241 P.3d 414 McPhee, Petitioner, v. Steinhauer Family Invs., LLC, Respondent. No. 84730-4.The Supreme Court of Washington. October 6, 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. 37977-5-II, April 13, 2010, 155 Wn. App. 1026. Denied.
DONALDSON v. GREENWOOD, 40 Wn.2d 238 (1952)
242 P.2d 1038 PAUL D. DONALDSON, Respondent, v. E.M. GREENWOOD et al., Appellants.[1] No. 31728.The Supreme Court of Washington. Department One. April 3, 1952. [1] Reported in 242 P.2d 1038. [1] CONTINUANCE — DISCRETION OF COURT. The denial of a continuance rests in the sound discretion of the trial court and will not be reversed […]
JONES v. STEBBINS, 122 Wn.2d 471 (1993)
860 P.2d 1009 WALTER JONES, Respondent, v. ARLEN STEBBINS, ET AL, Petitioners. No. 60036-8.The Supreme Court of Washington. En Banc. September 30, 1993. [1] Courts — Rules of Court — Construction — Rules of Statutory Construction. The rules of statutory construction apply when construing court rules. [2] Statutes — Construction — Unambiguous Language — In […]
STATE v. KONOP, 62 Wn.2d 715 (1963)
384 P.2d 385 THE STATE OF WASHINGTON, Respondent, v. ROBERT P. KONOP, Appellant.[*] No. 36552.The Supreme Court of Washington. Department One. August 8, 1963. [*] Reported in 384 P.2d 385. [1]Larceny — Elements — Intent to Defraud — Proof. Whether a person intended, at a specific time, to defraud another of his property is a […]
STATE v. ROBERTS, 163 Wn.2d 1034 (2008)
State, Petitioner, v. Roberts, Respondent. No. 80582-2.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. 57079-0-I, June 4, 2007, 138 Wn. App. 1059. Denied.
STATE v. ZUMWALT, 151 Wn.2d 1031 (2004)
State, Petitioner, v. Zumwalt, Respondent. No. 74861-6.The Supreme Court of Washington. July 7, 2004. Petition for review of a decision of the Court of Appeals, No. 21431-1-III, November 13, 2003, 119 Wn. App. 126. Granted and consolidated with State v. Freeman, No. 74656-7, July 7, 2004. Page 1032
CHRISTENSEN v. MUNSEN, 123 Wn.2d 234 (1994)
867 P.2d 626 MAREN CHRISTENSEN, Appellant, v. RICHARD S. MUNSEN, Respondent. No. 60080-5.The Supreme Court of Washington. En Banc. February 10, 1994. [1] Witnesses — Privileges — Physician-Patient Privilege — Waiver — Physician’s Opinions. A patient’s waiver of the physician-patient privilege (RCW 5.60.060(4)) applies to the physician’s opinions as well as to facts observed by […]
STATE v. HARTMAN, 165 Wn.2d 1028 (2009)
State, Respondent, v. Hartman, Petitioner. No. 81760-0.The Supreme Court of Washington. March 3, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 35763-1-II, May 28, 2008, 144 Wn. App. 1044. Denied
STATE v. McNEIL, 150 Wn.2d 1026 (2004)
State, Respondent, v. McNeil, Petitioner. No. 74029-1.The Supreme Court of Washington. En Banc. January 7, 2004. Petition for review of a decision of the Court of Appeals, No. 27312-8-II, March 18, 2003, 116 Wn. App. 1017. Denied.
WILSON v. GENNOW, 177 Wn. 672 (1934)
33 P.2d 85 MELVIN C. WILSON, Respondent, v. A.E. GENNOW et al., Appellants. No. 25088. Department One.The Supreme Court of Washington. June 5, 1934. [1] MUNICIPAL CORPORATIONS (379, 389) — NEGLIGENT USE OF STREETS — MEETING PASSING AND CROSSING — EVIDENCE — SUFFICIENCY. A truck driver’s failure to signal a sudden left turn, while in […]
ANDERSON v. NICHOLS, 152 Wn. 315 (1929)
278 P. 161 LAURA D. ANDERSON et al., Respondents, v. W.R. NICHOLS et al., Appellants. No. 21607. Department One.The Supreme Court of Washington. May 23, 1929. [1] MUNICIPAL CORPORATIONS (359) — STREETS — USE FOR PURPOSES OTHER THAN HIGHWAY — MARKETS. Rem. Comp. Stat., § 9488, authorizing cities to construct, acquire and operate “public markets,” […]
STATE v. CORIA, 146 Wn.2d 631 (2002)
48 P.3d 980 STATE OF WASHINGTON, Petitioner, v. ANGEL CORIA, Respondent. No. 70879-7The Supreme Court of Washington. En Banc.Oral Argument Date: November 29, 2001 Filed: June 27, 2002 Page 632 Gerald A. Horne, Prosecuting Attorney, and Kathleen Proctor and Michelle Luna-Green, Deputies, for petitioner. Pattie Mhoon, for respondent. Page 633 OWENS, J. Defendant Angel Coria […]
TOLLYCRAFT YACHTS v. McCOY, 122 Wn.2d 426 (1993)
858 P.2d 503 TOLLYCRAFT YACHTS CORPORATION, Appellant, v. CLYDE E. McCOY, ET AL, Respondents. No. 59940-8.The Supreme Court of Washington. En Banc. September 16, 1993. [1] Judgment — Summary Judgment — Review — Role of Appellate Court. A court reviewing a summary judgment engages in the same inquiry as the trial court. When the facts […]
VANDERHOFF v. FITZGERALD, 72 Wn.2d 103 (1967)
431 P.2d 969 RAY C. VANDERHOFF et al., Respondents, v. JAMES F. FITZGERALD et al., Appellants.[*] No. 38858.The Supreme Court of Washington. Department Two. September 21, 1967. [*] Reported in 431 P.2d 969. [1] Automobiles — Following — Duty of Following Driver — Unusual Conditions. While a following driver has the primary duty of avoiding […]
ODEGAARD v. EVERETT SCHOOL DIST., 115 Wn.2d 323 (1990)
797 P.2d 1152 JOANNE ODEGAARD, Respondent, v. EVERETT SCHOOL DISTRICT NO. 2, Appellant. No. 56351-9.The Supreme Court of Washington. En Banc. October 4, 1990. [1] Schools — Administrators — Transfer to Certificated Position — Judicial Review — Right of Appeal. The transfer of an administrator to a subordinate certificated position is an administrative decision for […]
STATE v. RENNEBERG, 83 Wn.2d 735 (1974)
522 P.2d 835 THE STATE OF WASHINGTON, Respondent, v. VIRGINIA SUE RENNEBERG et al., Petitioners. No. 42834.The Supreme Court of Washington. En Banc. May 23, 1974. [1] Witnesses — Impeachment — Credibility — Drug Addiction — Effect. Admission of evidence of a witness’ drug addiction in order to attack his credibility or indicate his probable […]
IN RE FORECLOSURE OF LIENS, 130 Wn.2d 142 (1996)
922 P.2d 73 In the Matter of the Proceedings for Clallam County for the Foreclosure of Liens for Delinquent Real Property Taxes for the Year 1991, and some prior years. CLALLAM COUNTY, Appellant, v. JANICE FOLK, Respondent. No. 63198-1.The Supreme Court of Washington. En Banc.Argued May 15, 1996. Decided September 12, 1996. Page 143 JOHNSON, […]
IN RE LARSEN’S ESTATE, 191 Wn. 257 (1937)
71 P.2d 47 In the Matter of the Estate of HENRY LARSEN, Deceased. OLE OLSON, Appellant, v. CHRIS LANE, Respondent. No. 26591. Department Two.The Supreme Court of Washington. August 23, 1937. [1] WILLS — REQUISITES AND VALIDITY — TESTAMENTARY CAPACITY — UNDUE INFLUENCE — EVIDENCE — SUFFICIENCY. Findings in a will contest, sustaining the mental […]
CLARK v. KRAFT, 173 Wn. 561 (1933)
24 P.2d 74 DORA H. CLARK, Appellant, v. L.H. KRAFT et al., Respondents. No. 24007. En Banc.The Supreme Court of Washington. July 19, 1933. [1] CHATTEL MORTGAGES (69, 75) — FORECLOSURE — ACTIONS — DEFENSES — JUDGMENT — PREMATURE DISMISSAL. Where a sheriff’s foreclosure of a chattel mortgage was duly transferred to the superior court, […]
HUDLOW v. HODGSON, 154 Wn. 198 (1929)
281 P. 331 W.I. HUDLOW et al., Respondents, v. J.L. HODGSON et al., Appellants. No. 21859. Department One.The Supreme Court of Washington. October 21, 1929. [1] EXCHANGE OF PROPERTIES (3) — RESCISSION OF CONTRACT BY PURCHASER — FRAUD — EVIDENCE — SUFFICIENCY. Findings of fraudulent representations warranting a rescission of an exchange of properties are […]
O’REILLY v. MILLER, 148 Wn. 277 (1928)
268 P. 869 BERNARD J. O’REILLY, Respondent, v. JULIA HESS MILLER, Appellant. No. 21100. Department Two.The Supreme Court of Washington. July 2, 1928. [1] APPEAL (418) — REVIEW — FINDINGS. Findings on conflicting evidence will not be disturbed on appeal unless against the preponderance of the evidence. [2] MONEY PAID (4) — DEFENSES — DEDUCTIONS […]
DISCIPLINE OF WHITNEY, 155 Wn.2d 451 (2005)
120 P.3d 550 In the Matter of the Disciplinary Proceeding Against JOSEPH P. WHITNEY, an Attorney at Law. No. 200,173-4.The Supreme Court of Washington.Argued May 17, 2005. Decided September 29, 2005. Page 452 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 453 […]
MILLER v. JACOBY, 145 Wn.2d 65 (2001)
33 P.3d 68 MARY LOU MILLER, an individual, Petitioner v. KARNY JACOBY, M.D., and JOHN DOE JACOBY, wife and husband, and the marital community composed thereof; ROBERT C. IRETON, M.D., and JANE DOE IRETON, husband and wife, and the marital community composed thereof; and NORTHWEST HOSPITAL, Respondents. No. 70286-1.The Supreme Court of Washington. En Banc.Oral […]
STATE EX REL. PANESKO v. SUP. CT., 22 Wn.2d 892 (1945)
158 P.2d 88 THE STATE OF WASHINGTON, on the Relation of John Panesko, Plaintiff, v. THE SUPERIOR COURT FOR LEWIS COUNTY, Respondent.[1] No. 29622.The Supreme Court of Washington. En Banc. April 20, 1945. [1] Reported in 158 P.2d 88. [1] INSANE PERSONS — CRIMES — CONFINEMENT — PROCEEDINGS FOR DISCHARGE — PHYSICIAN’S CERTIFICATE — SUFFICIENCY. […]
ENDICOTT-JOHNSON CORPORATION v. LURIE, 152 Wn. 653 (1929)
278 P. 693 ENDICOTT-JOHNSON CORPORATION, Appellant, v. ISRAEL LURIE et al., Defendants, SEATTLE MERCHANTS ASSOCIATION, Respondent. No. 21700. Department One.The Supreme Court of Washington. July 1, 1929. [1] ASSIGNMENT FOR BENEFIT OF CREDITORS (6) — REQUISITES AND VALIDITY — PROVISIONS AS TO EXECUTION OF TRUST — EFFECT OF PARTIAL INVALIDITY. An assignment for the benefit […]
ANGELL v. INGRAM, 35 Wn.2d 582 (1950)
213 P.2d 944 CAROLINE B. ANGELL, Respondent, v. HAROLD INGRAM et al., Appellants.[1] No. 31065.The Supreme Court of Washington. Department Two. January 30, 1950. [1] Reported in 213 P.2d 944. [1] ESCROWS — EMBEZZLEMENT BY ESCROW AGENT — UPON WHOM LOSS FALLS. When an escrow agent absconds with money he is holding in escrow, the […]
HOWELL v. BLOOD BANK, 114 Wn.2d 42 (1990)
785 P.2d 815 VIRGIL T. HOWELL, ET AL, Appellants, v. SPOKANE INLAND EMPIRE BLOOD BANK, ET AL, Respondents. No. 55692-0.The Supreme Court of Washington. En Banc. February 1, 1990. [1] Appeal — Assignments of Error — Argument — Necessity — In General. An assignment of error that is not supported by legal argument will not […]
SANDERS v. CRIMMINS, 63 Wn.2d 702 (1964)
388 P.2d 913 BEVELY VERNON SANDERS et al., Appellants, v. DONALD L. CRIMMINS et al., Respondents.[*] No. 36607.The Supreme Court of Washington. Department Two. January 30, 1964. [*] Reported in 388 P.2d 913. [1] Automobiles — Right of Way — Duty of Disfavored Driver. The disfavored driver, one who enters a public highway intersection from […]
WERKER v. KNOX, 197 Wn. 453 (1938)
85 P.2d 1041 NON ETTA WERKER, a Minor, by John Werker, her Guardian ad Litem, Respondent, v. HARRY S. KNOX et al., Appellants. No. 27239. Department One.The Supreme Court of Washington. December 27, 1938. [1] HUSBAND AND WIFE — COMMUNITY PROPERTY — DEBTS — TORTS OF WIFE. Rem. Rev. Stat., § 6904, providing that for […]
WELLS WADE, INC. v. UNITY ORCHARDS CO., 186 Wn. 198 (1936)
57 P.2d 1050 WELLS WADE, INC., Appellant, v. UNITY ORCHARDS COMPANY, Respondent. No. 25838. En Banc.The Supreme Court of Washington. May 11, 1936. [1] CORPORATIONS (211) — INSOLVENCY — PREFERENCES TO STOCKHOLDERS. Where there was no judicial sale of an insolvent corporation’s property, an attempted reorganization by a compromise sanctioned by the court and agreed […]
COUCH v. DEP’T OF CORR., 149 Wn.2d 1012 (2003)
Couch, Individually and as Personal Representative, et al., Petitioners, v. Dep’t of Corr., Respondent. No. 73210-8.The Supreme Court of Washington. May 28, 2003. Petition for review of a decision of the Court of Appeals, No. 26784-5-II, September 20, 2002, 113 Wn. App. 556. Denied May 28, 2003.
IN RE GOSSETT v. SMITH, 34 Wn.2d 220 (1949)
208 P.2d 870 In the Matter of the Application for a Writ of Habeas Corpus of BERTON L. GOSSETT, Appellant, v. TOM SMITH, as Superintendent of the Washington State Penitentiary, Respondent.[1] No. 30799.The Supreme Court of Washington. Department Two. July 22, 1949. [1] Reported in 208 P.2d 870. [1] CRIMINAL LAW — JUDGMENT AND SENTENCE […]
HAYSOM v. COLEMAN LANTERN, 89 Wn.2d 474 (1978)
573 P.2d 785 RONALD HAYSOM, ET AL, Appellants, v. COLEMAN LANTERN COMPANY, INC., ET AL, Respondents. No. 44163.The Supreme Court of Washington. En Banc. January 12, 1978. [1] Products Liability — Safe Usage — Warning — Necessity. A manufacturer is not required to provide warnings of obvious or known dangers which may be involved in […]
STATE v. MARTIN, 129 Wn.2d 1018 (1996)
919 P.2d 599 State, Respondent, v. Martin, Petitioner. No. 63806-3.The Supreme Court of Washington. June 4, 1996. Petition for review of a decision of the Court of Appeals, No. 13820-8-III, September 6, 1995. Denied June 4, 1996.
STATE v. WHITNEY, 72 Wn.2d 122 (1967)
431 P.2d 711 THE STATE OF WASHINGTON, Respondent, v. ROBERT WHITNEY, Appellant.[*] No. 39322.The Supreme Court of Washington. Department Two. September 21, 1967. [*] Reported in 431 P.2d 711. [1] Appeal and Error — Review — Harmless Error. The error, if any, in the admission of certain testimony was not grounds for reversal where the […]
STATE v. KELLER, 157 Wn.2d 1022 (2006)
142 P.3d 609 STATE, Respondent, v. KELLER, Petitioner. No. 78121-4.The Supreme Court of Washington. September 7, 2006. Petition for review of a decision of the Court of Appeals, No. 23363-4-III, December 6, 2005, 130 Wn. App. 1042. Denied. Page 1023
LIGE DICKSON CO. v. UNION OIL CO., 96 Wn.2d 291 (1981)
635 P.2d 103 CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN LIGE DICKSON COMPANY, Appellant, v. UNION OIL COMPANY OF CALIFORNIA, Appellee. No. 47550-4.The Supreme Court of Washington. En Banc. October 15, 1981. [1] Sales — Uniform Commercial Code — Uniformity — Judicial Exceptions. The policy of the Uniform Commercial […]
MAYER v. HERRIN, 40 Wn.2d 607 (1952)
245 P.2d 187 ALBERT A. MAYER, Appellant, v. EMMA TEMBREULL HERRIN, Individually and as Executrix, et al., Respondents.[1] No. 31876.The Supreme Court of Washington. En Banc. June 12, 1952. [1] Reported in 245 P.2d 187. [1] LIMITATION OF ACTIONS — LIMITATIONS TO ACTIONS UPON ORAL CONTRACTS. In an action by the purchaser of a lot […]
VIKINGSTAD v. BAGGOTT, 46 Wn.2d 494 (1955)
282 P.2d 824 GEORGE VIKINGSTAD, Respondent, v. HAROLD E. BAGGOTT et al., Appellants.[1] No. 33050.The Supreme Court of Washington. Department One. April 21, 1955. [1] Reported in 282 P.2d 824. [1] CONTRACTS — PARTIES — AGREEMENT FOR BENEFIT OF THIRD PERSON — INTENT TO CONFER BENEFIT. The only intent of the promisee required to invest […]
STATE v. BRIGHTMAN, 168 Wn.2d 1009 (2010)
226 P.3d 782 State, Respondent, v. Brightman, Petitioner. No. 83583-7.The Supreme Court of Washington. February 11, 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. 36150-7-II, July 28, 2009, 151 Wn. App. 1030. Dispositions of Petitions for Review and […]
SEATTLE TITLE TRUST CO. v. BEGGS, 146 Wn. 435 (1928)
263 P. 598 SEATTLE TITLE TRUST COMPANY, Respondent, v. AGNES C. BEGGS, Appellant. No. 20573. Department One.The Supreme Court of Washington. January 31, 1928. [1] MORTGAGES (142) — DEFAULT IN PAYMENT — ELECTION TO DECLARE ENTIRE DEBT DUE. The mortgagee is entitled to claim an acceleration of the whole sum due on a mortgage immediately […]
STATE v. DEAN, 70 Wn.2d 66 (1966)
422 P.2d 311 THE STATE OF WASHINGTON, Respondent, v. RONALD DEAN, Appellant.[*] No. 38375.The Supreme Court of Washington. Department One. December 29, 1966. [*] Reported in 422 P.2d 311. [1] Criminal Law — Appeal and Error — Reservation of Grounds — Exceptions to Instructions. Except under circumstances that would result in a palpable miscarriage of […]
BAKER v. SEATTLE, 79 Wn.2d 198 (1971)
484 P.2d 405 ROBERT BAKER, Petitioner, v. THE CITY SEATTLE et al., Respondents. No. 41697.The Supreme Court of Washington. En Banc. April 22, 1971. [1] Bailments — Torts — Strict Liability — Lease of Chattels — Disclaimer of Liability — Public Policy. Public policy requires that a lessee of a chattel be given the same […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 141 Wn.2d 1004 (2000)
The Supreme Court of Washington. 2000. State, Respondent, v. Shields, Petitioner, No. 69383-8. Petition for review of a decision of the Court of Appeals, December 6, 1999, 98 Wn. App. 1025. Denied July 11, 2000. Brown, Respondent, v. Stevens Pass, Inc., Petitioner, No. 68995-4. Petition for review of a decision of the Court of Appeals, […]
OKANOGAN CY. SCH. DIST. v. ANDREWS, 58 Wn.2d 371 (1961)
363 P.2d 129 OKANOGAN COUNTY SCHOOL DISTRICT NO. 400, Respondent, v. LLOYD J. ANDREWS, as Superintendent of Public Instruction, et al., Appellants.[*] No. 36038.The Supreme Court of Washington. Department Two. June 28, 1961. [*] Reported in 363 P.2d 129. [1] ADMINISTRATIVE LAW AND PROCEDURE — JUDICIAL REVIEW — ACTIONS REVIEWABLE — JUDICIAL FUNCTIONS — WHAT […]