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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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 […]
Category: Washington Supreme Court Opinions
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. WANN, 131 Wn.2d 1026 (1997)
937 P.2d 1102 State, Respondent, v. Wann, Petitioner. No. 65025-0.The Supreme Court of Washington. May 7, 1997. Petition for review of a decision of the Court of Appeals, December 30, 1996, 84 Wn. App. 1052. Denied May 7, 1997.
AUGUST v. CRAIG, 139 Wn. 221 (1926)
246 P. 295 ALEK AUGUST, Respondent, v. EDWARD H. CRAIG, Defendant, EDWARD A. CRAIG, Intervener, Appellants. No. 19672. Department One.The Supreme Court of Washington. May 26, 1926. [1] APPEAL (426) — REVIEW — HARMLESS ERROR — ERRORS NOT AFFECTING THE RESULT. In an action upon a debt not due, in which an attachment is sought […]
MESSER v. DEP’T OF LABOR INDUS., 151 Wn.2d 1021 (2004)
Messer, Petitioner, v. Dep’t of Labor Indus., Respondent. No. 74610-9.The Supreme Court of Washington. May 4, 2004. Petition for review of a decision of the Court of Appeals, No. 51244-7-I, September 8, 2003, 118 Wn. App. 635. Denied May 4, 2004.
U.S. TOBACCO SALES MKTG. CO. v. DEP’T OF REVENUE, 157 Wn.2d 1001 (2006)
136 P.3d 759 U.S. Tobacco Sales Mktg. Co. et al., Petitioners, v. Dep’t of Revenue, Respondent. No. 77690-3.The Supreme Court of Washington. May 31, 2006. Petition for review of a decision of the Court of Appeals, No. 30434-1-II, July 19, 2005, 128 Wn. App. 426. Granted.
MARTINI v. DEP’T OF TRANSP., 167 Wn.2d 1011 (2009)
220 P.3d 207 Martini, Petitioner, v. Dep’t of Transp., Respondent. No. 83304-4.The Supreme Court of Washington. December 1, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 61856-3-I, March 30, 2009, 149 Wn. App. 1035. Review Orders. Denied.
DUKE v. BENSON, 134 Wn. 495 (1925)
236 P. 77 JOHN P. DUKE, as Supervisor of Banking, Respondent, v. HENRY V. BENSON et al., Appellants. No. 19088. Department One.The Supreme Court of Washington. May 15, 1925. GUARANTY (13) — DISCHARGE — BREACH OF EXECUTORY CONTRACT — ELECTION OF REMEDIES BY VENDOR. The guarantor of payments due on a contract for the purchase […]
STATE v. MEENK, 149 Wn.2d 1025 (2003)
State, Respondent, v. Meenk, Petitioner. No. 73767-3.The Supreme Court of Washington. July 8, 2003. Petition for review of a decision of the Court of Appeals, No. 49980-7-I, January 13, 2003, 115 Wn. App. 1005. Denied July 8, 2003.
WHITE v. CITY OF BLAINE, 136 Wn.2d 1012 (1998)
966 P.2d 904 White, et al., Petitioners, v. City of Blaine, et al., Respondents. No. 66756-0.The Supreme Court of Washington. September 2, 1998. Petition for review of a decision of the Court of Appeals, December 29, 1997, 88 Wn. App. 1066. Denied September 2, 1998.
STATE v. LORMOR, 172 Wn.2d 85 (2011)
257 P.3d 624 THE STATE OF WASHINGTON, Respondent, v. DEAN MARTIN LORMOR, Petitioner. No. 84319-8.The Supreme Court of Washington.Argued May 3, 2011. Decided July 21, 2011. Page 86 Appeal from the Superior Court for Thurston County, No. 08-1-00940-1, Richard A. Strophy, J. Page 87 Thomas E. Doyle, for petitioner. Jon Tunheim, Prosecuting Attorney, and Carol […]
HARDING v. ROCK, 60 Wn.2d 292 (1962)
373 P.2d 784 LLOYD K. HARDING, Respondent, v. CECIL ROCK et al., Appellants.[*] No. 35875.The Supreme Court of Washington. Department One. August 2, 1962. [*] Reported in 373 P.2d 784. [1] CONTRACTS — OFFER AND ACCEPTANCE — UNILATERAL OFFER — WHAT CONSTITUTES — PROMISE CONDITIONED ON ACT. In a “listing” agreement between a seller and […]
KIRSCH v. KIRSCH, 192 Wn. 156 (1937)
73 P.2d 356 MICHAEL J. KIRSCH, Appellant, v. CATHERINE F. KIRSCH, Respondent. No. 26687. Department Two.The Supreme Court of Washington. November 8, 1937. [1] DIVORCE — APPEAL — REVIEW. Where plaintiff is granted a divorce on the ground of defendant’s cruelty, plaintiff can not assign error in also granting defendant a divorce on the ground […]
STATE v. COOPER, 154 Wn.2d 1002 (2005)
State, Respondent, v. Cooper, Petitioner. No. 76164-7.The Supreme Court of Washington. May 3, 2005. Petition for review of a decision of the Court of Appeals, No. 22145-8-III, September 16, 2004, 123 Wn. App. 1019. Granted.
EDBERG v. LEMCKE COMPANY, 141 Wn. 182 (1926)
251 P. 128 KARL EDBERG, Appellant, v. GEORGE C. LEMCKE COMPANY et al., Respondents. No. 20123. Department Two.The Supreme Court of Washington. December 6, 1926. [1] VENDOR AND PURCHASER (160) — REMEDIES OF PURCHASER — RECOVERY OF EARNEST MONEY — FAILURE OF TITLE. A vendee is not entitled to a return of earnest money because […]
STATE v. ROBBINS, 138 Wn.2d 486 (1999)
980 P.2d 725 THE STATE OF WASHINGTON, Respondent, v. ELLSWORTH R. ROBBINS, Petitioner. No. 66143-0.The Supreme Court of Washington. En Banc.Argued September 10, 1998. Decided July 15, 1999. Page 487 Thomas E. Weaver Jr, Law Office of Wecker Hunko Bougher, for petitioner. Richard L. Weber, Okanogan County Prosecutor, Karen C. Calhoun-Wells, Deputy Prosecutor, Skagit Co […]
IN RE PARENTAGE OF STOTTS, 152 Wn.2d 1026 (2004)
In re Parentage of Stotts. Stotts, Respondent, v. Carberry, Petitioner. No. 75365-2.The Supreme Court of Washington. November 4, 2004. Petition for review of a decision of the Court of Appeals, No. 30353-1-II, March 16, 2004, 120 Wn. App. 1049. Denied. Page 1027
STATE v. MOSES, 79 Wn.2d 104 (1971)
483 P.2d 832 THE STATE OF WASHINGTON, Respondent, v. ROBERT MOSES et al., Appellants. No. 40267.The Supreme Court of Washington. En Banc. April 15, 1971. [1] Criminal Law — Defenses — Affirmative Defense — Burden of Proof. The accused, in a criminal case, has the burden of proving any affirmative defense upon which he relies. […]
ALMQUIST v. FINLEY SCH. DIST. NO. 53, 149 Wn.2d 1035 (2003)
Almquist, et al., Respondents, v. Finley Sch. Dist. No. 53, Petitioner. No. 73665-1.The Supreme Court of Washington. September 5, 2003. Petition for review of a decision of the Court of Appeals, No. 21091-0-III, November 21, 2002, 114 Wn. App. 395. Denied September 5, 2003.
THAYER v. ANACORTES SCHOOL DIST., 81 Wn.2d 709 (1972)
504 P.2d 1130 ERMA THAYER, Appellant, v. ANACORTES SCHOOL DISTRICT et al., Respondents. No. 42366.The Supreme Court of Washington. En Banc. December 28, 1972. [1] Appeal and Error — Judgment — Sufficient Basis — Issue Not Considered. A judgment which fails to consider an issue which was an integral part of a party’s case, and […]
STATE v. MILLER, 129 Wn.2d 1004 (1996)
914 P.2d 65 State, Respondent, v. Miller, Petitioner. No. 63556-1.The Supreme Court of Washington. April 10, 1996. Petition for review of a decision of the Court of Appeals, October 2, 1995, 79 Wn. App. 1014. Denied April 10, 1996.
JOHNSON v. MORTENSEN, 155 Wn. 547 (1930)
285 P. 438 LEWIS L. JOHNSTON, Appellant, v. SOPHIA R. MORTENSEN, Respondent. No. 22109. Department Two.The Supreme Court of Washington. February 24, 1930. [1] REFORMATION OF INSTRUMENTS (20) — PROCEEDINGS AND RELIEF — EVIDENCE — SUFFICIENCY. A prima facie case for the reformation of a deed is made by plaintiff by evidence that, on the […]
EVERETT v. STATE, 99 Wn.2d 264 (1983)
661 P.2d 588 GAITHER B. EVERETT, ET AL, Appellants, v. THE STATE OF WASHINGTON, Respondent. No. 49163-1.The Supreme Court of Washington. En Banc. April 7, 1983. [1] Appeal and Error — Decisions Reviewable — Moot Questions — Subsequent Legislative Action. An issue before an appellate court becomes moot to the extent that legislation enacted subsequent […]
STATE v. MARTINEZ, 172 Wn.2d 1011 (2011)
259 P.3d 1109 State, Petitioner v. Martinez, Respondent. The Supreme Court of Washington. No. 86035-1. September 7, 2011. Petition for review of a decision of the Court of Appeals, No. 29018-2-III, April 21, 2011, 161 Wn. App. 436. Denied.
BETHEL v. PRESTON, 157 Wn. 652 (1930)
290 P. 224 JOSEPH BETHEL (substituting as Plaintiff for S.J. Lombard), Appellant, v. THAD B. PRESTON et al., Respondents. No. 22293. Department One.The Supreme Court of Washington. July 15, 1930. [1] FRAUDS, STATUTE OF (35) — SUFFICIENCY OF WRITING — DESCRIPTION OF LANDS. A contract by correspondence for a broker’s commission, held to sufficiently describe […]
STATE EX REL. GUTHRIE v. RICHLAND, 80 Wn.2d 382 (1972)
494 P.2d 990 THE STATE OF WASHINGTON, on the Relation of George Guthrie, Appellant, v. THE CITY OF RICHLAND et al., Respondents. No. 42128.The Supreme Court of Washington. En Banc. March 16, 1972. [1] Municipal Corporations — Statutes — City Charter in Conflict With General Statute — Effect. A city charter provision which limits, restricts, […]
SPOKANE COUNTY ET AL. v. E. WASH. GROWTH MGMT. HEAR., 171 Wn.2d 1034 (2011)
257 P.3d 662 Spokane County et al., Petitioners, v. E. Wash. Growth Mgmt. Hearings Bd., Defendant, Henderson et al., Respondents. No. 85857-8.The Supreme Court of Washington. July 13, 2011. Petition for review of a decision of the Court of Appeals, No. 28350-0-III, January 13, 2011, 160 Wn. App. 274. Denied.
HILLYARD v. COLLIER, 133 Wn. 249 (1925)
233 P. 955 THE CITY OF HILLYARD, Respondent, v. C.E. COLLIER et al., Appellants. No. 18781. Department Two.The Supreme Court of Washington. March 3, 1925. OFFICERS (19) — TERM — CHANGE — STATUTES — CONSTRUCTION. Under the act of 1921, Rem. Comp. Stat., §§ 5144, 5186, changing the time for holding certain municipal elections and […]
STATE v. COWAN, 25 Wn.2d 341 (1946)
170 P.2d 653 THE STATE OF WASHINGTON, Respondent, v. ROY GRANT COWAN, Appellant.[1] No. 29893.The Supreme Court of Washington. Department One. July 8, 1946. [1] Reported in 170 P.2d 653. [1] CRIMINAL LAW — JUDGMENT — SETTING ASIDE JUDGMENT — DISCRETION OF COURT. A motion to vacate a judgment is addressed to the sound discretion […]
ARNOLD v. SANSTOL, 43 Wn.2d 94 (1953)
260 P.2d 327 ALICE M. ARNOLD, Appellant, v. HARRY N. SANSTOL et al., Respondents and Cross-appellants, LOUIS P. SWARS et al., Defendants.[1] No. 32471.The Supreme Court of Washington. Department One. August 13, 1953. [1] Reported in 260 P.2d 327. [1] APPEAL AND ERROR — REVIEW — INSTRUCTIONS NOT EXCEPTED TO — As LAW OF CASE. […]
ERCKENBRACK v. JENKINS, 33 Wn.2d 126 (1949)
204 P.2d 831 FRIEDA ERCKENBRACK, Respondent, v. AUDREY JENKINS, Appellant.[1] No. 30585.The Supreme Court of Washington. Department One. April 7, 1949. [1] Reported in 204 P.2d 831. [1] VENDOR AND PURCHASER — RIGHTS AND LIABILITIES OF PARTIES — ASSIGNMENT OF CONTRACT BY PURCHASER — EFFECT OF PROHIBITION AGAINST ASSIGNMENT. As a general rule, a prohibition […]
STATE v. DEPAZ, 165 Wn.2d 842 (2009)
204 P.3d 217 THE STATE OF WASHINGTON, Respondent, v. VASQUEZ JOSE DEPAZ, Petitioner. No. 80574-1.The Supreme Court of Washington.Argued September 16, 2008. Decided April 2, 2009. Page 843 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 844 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
WOOD v. COPELAND LUMBER CO., 41 Wn.2d 119 (1952)
247 P.2d 801 CARROLL WILLIAM WOOD, by Estelle Wood, his Guardian ad Litem, Appellant, v. COPELAND LUMBER COMPANY et al., Respondents.[1] No. 31908.The Supreme Court of Washington. Department Two. August 29, 1952. [1] Reported in 247 P.2d 801. [1] JUDGMENT — OPENING OR VACATING — FRAUD IN PROCURING JUDGMENT. “Extrinsic or collateral fraud,” justifying equitable […]
KING COUNTY WATER DIST. v. REVIEW BD., 87 Wn.2d 536 (1976)
554 P.2d 1060 KING COUNTY WATER DISTRICT NO. 54, ET AL, Appellants, v. KING COUNTY BOUNDARY REVIEW BOARD, ET AL, Respondents. No. 44043.The Supreme Court of Washington. En Banc. September 30, 1976. [1] States — Municipal Corporations — Legislative Control — Powers and Geographic Limits. The only restrictions upon the plenary authority of the legislature […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 114 Wn.2d 1002 (1990)
The Supreme Court of Washington. 1990. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Carter, Petitioner, No. 56696-8. Petition for review of a decision of the Court of Appeals, No. 22779-3-I, October 23, 1989. Denied February 6, 1990. State, Respondent, v. Brand, Petitioner. In […]
MILLER v. GERANIOS, 54 Wn.2d 917 (1959)
338 P.2d 763 KEITH MILLER, Respondent, v. JOHN GERANIOS et al., Appellants, BROOKS REALTY COMPANY, Respondent.[1] No. 34799.The Supreme Court of Washington. Department One. April 30, 1959. [1] Reported in 338 P.2d 763. Appeal from a judgment of the Superior Court for King county, No. 488069, Turner, J., entered April 29, 1958, upon findings, denying […]
RACINE v. BENDER, 141 Wn. 606 (1927)
252 P. 115 SAMUEL F. RACINE, doing business under the name of Samuel F. Racine Company, Appellant, v. G.D. BENDER et al., Respondents. No. 20079. Department Two.The Supreme Court of Washington. January 6, 1927. [1] CONTRACTS (45, 46) — INJUNCTION (26) — VALIDITY OF CONTRACT — RESTRAINT OF TRADE OR COMPETITION. Where the business of […]
SCOTT FETZER CO. v. WEEKS, 122 Wn.2d 141 (1993)
859 P.2d 1210 THE SCOTT FETZER COMPANY, KIRBY COMPANY DIVISION, Appellant, v. CAROL J. WEEKS, ET AL, Defendants, CHARLES M. McDONALD, Respondent. No. 58870-8.The Supreme Court of Washington. En Banc. August 26, 1993. [1] Courts — Jurisdiction — Nonresidents — Prevailing Defendant — Attorney Fees — Review — Standard of Review. An award of attorney […]
SPOKANE v. SPOKANE COUNTY, 158 Wn.2d 661 (2006)
146 P.3d 893 THE CITY OF SPOKANE, Appellant v. SPOKANE COUNTY ET AL., Respondents. No. 77723-3.The Supreme Court of Washington.Argued June 15, 2006. Decided November 16, 2006. Page 662 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 663 [EDITORS’ NOTE: THIS PAGE […]
BROWN v. GENERAL MOTORS CORP., 67 Wn.2d 278 (1965)
407 P.2d 461 CLAUDIA BROWN et al., Appellants, v. GENERAL MOTORS CORPORATION, Respondent.[*] No. 37269.The Supreme Court of Washington. Department Two. November 4, 1965. [*] Reported in 407 P.2d 461. [1] Trial — Separation of Issues — Liability and Damages. RPPP 42(a) vests the trial court with discretionary power to order separate trials of any […]
RUMAS v. BALDWIN, 188 Wn. 558 (1936)
62 P.2d 1345 FABIO RUMAS, Appellant, v. CARL S. BALDWIN et al., Respondents. No. 26317. Department Two.The Supreme Court of Washington. December 14, 1936. [1] CONTRACTS (59) — CONSTRUCTION — WRITTEN CONTRACTS — AMBIGUITY. A contract if ambiguous or requiring judicial interpretation will be construed against the party preparing it. [2] SAME (61) — CONSTRUCTION […]
LAMPSON EQ. v. W. PASCO WATER SYS., 68 Wn.2d 172 (1966)
412 P.2d 106 NEIL F. LAMPSON EQUIPMENT RENTAL AND SALES, INC., Respondent, v. WEST PASCO WATER SYSTEM, INC., Appellant, GEORGE A. GRANT, INC., Respondent, TRI-CO STEEL ERECTORS, INC., Defendant.[*] No. 38114.The Supreme Court of Washington. Department One. March 3, 1966. [*] Reported in 412 P.2d 106. [1] Appeal and Error — Assignments of Error — […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 91 Wn.2d 1002 (1978)
The Supreme Court of Washington. Sacred Heart Medical Center, Respondent, v. Carrado, Petitioner, No. 45681. Petition for review of a decision of the Court of Appeals, May 31, 1978, 20 Wn. App. 285. Granted November 17, 1978. State, Respondent, v. Kinsey, Appellant. State, Respondent, v. Sims, Petitioner, No. 45683. Petition for review of a decision […]
METROPOLITAN LIFE INS. CO. v. DAVIES, 190 Wn. 329 (1937)
67 P.2d 867 METROPOLITAN LIFE INSURANCE COMPANY, Respondent, v. LEWIS DAVIES et al., Defendants, MOZELLA E. DAVIES, Appellant. No. 25889. Department One.The Supreme Court of Washington. May 7, 1937. [1] MORTGAGES — FORECLOSURE — PROPER PARTIES DEFENDANT — TRIAL OF ADVERSE TITLES. The only proper parties in a mortgage foreclosure are the mortgagor, mortgagee, and […]
IN RE FOSTER, 40 Wn.2d 1 (1952)
239 P.2d 1060 In the matter of the Proceedings for the Discipline of H.E. FOSTER, an Attorney at Law.[1] No. C.D. 3686.The Supreme Court of Washington. En Banc. January 24, 1952. [1] Reported in 239 P.2d 1060. [1] ATTORNEY AND CLIENT — DISCIPLINARY PROCEEDINGS — FINDINGS OF TRIAL COMMITTEE — WEIGHT AND EFFECT. In a […]
NEMAH RIVER TOWBOAT CO. v. BREWSTER, 152 Wn. 672 (1929)
278 P. 694, 279 P. 1107 NEMAH RIVER TOWBOAT COMPANY, Respondent, v. J.M. BREWSTER et al., Appellants. No. 21591. Department One.The Supreme Court of Washington. July 3, 1929. [1] HIGHWAYS (36) — STATES (20-1) — CONTRACTS — CLAIMS AGAINST BOND — LIENS. A claim for towage charges against a contractor on state highway work, for […]
NATIONAL BANK OF COMMERCE v. PETERSON, 179 Wn. 638 (1934)
38 P.2d 361 THE NATIONAL BANK OF COMMERCE OF SEATTLE, Respondent and Cross-appellant, v. L.A. PETERSON, Appellant. No. 25289. Department Two.The Supreme Court of Washington. December 10, 1934. [1] MORTGAGES (6) — PROPERTY WHICH MAY BE SUBJECT OF MORTGAGE — PARTICULAR ESTATES AND INTERESTS — EXPECTANCY AS HEIR AT LAW. Under Rem. Rev. Stat., §§ […]
SKINNER v. CIVIL SERV. COMM’N., 165 Wn.2d 1040 (2009)
Skinner, Respondent, v. Civil Serv. Comm’n et al., Petitioners. No. 82306-5.The Supreme Court of Washington. April 1, 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. 60868-1-I, July 28, 2008, 146 Wn. App. 171. Granted.
ZORICH v. BILLINGSLEY, 52 Wn.2d 138 (1958)
324 P.2d 255 ELI ZORICH et al., Respondents, v. ROBERT BILLINGSLEY et al., Appellants.[1] No. 34321.The Supreme Court of Washington. Department Two. April 10, 1958. [1] Reported in 324 P.2d 255. [1] APPEAL AND ERROR — REVIEW — SCOPE OF REVIEW — ORDER GRANTING NEW TRIAL. Under Rule on Appeal 16, where a new trial […]
VEACH v. CULP, 92 Wn.2d 570 (1979)
599 P.2d 526 RICHARD VEACH, ET AL, Petitioners, v. FRANK CULP, ET AL, Respondents. No. 46042.The Supreme Court of Washington. En Banc. September 6, 1979. [1] Easements — Right-of-Way — Nature of Estate — Determination. Whether a deed conveying a railroad right-of-way grants a fee estate or a mere easement is a mixed question of […]
STATE EX REL. O’CONNELL v. ENGEN., 60 Wn.2d 52 (1962)
371 P.2d 638 THE STATE OF WASHINGTON, on the Relation of John J. O’CONNELL, as Attorney General, Respondent, v. GENE O. ENGEN et al., Defendants, KENNETH B. MOSS et al., Appellants.[*] No. 35532.The Supreme Court of Washington. En Banc. May 22, 1962. [*] Reported in 371 P.2d 638. [1] OFFICERS — LIABILITIES — OFFICIAL CUSTODIAN […]
IN RE MARRIAGE OF AL-SAFRAN, 151 Wn.2d 1005 (2004)
In re Marriage of Al-Safran. No. 74380-1.The Supreme Court of Washington. March 2, 2004. Petition for review of a decision of the Court of Appeals, No. 27823-5-II, June 17, 2003, 117 Wn. App. 1031. Denied March 2, 2004.
TWIN BR. MAR. PARK v. ECOLOGY, 162 Wn.2d 825 (2008)
175 P.3d 1050 TWIN BRIDGE MARINE PARK, LLC, ET AL., Respondents, v. THE DEPARTMENT OF ECOLOGY, Petitioner. No. 78462-1.The Supreme Court of Washington.Argued March 22, 2007. Decided January 24, 2008. Page 826 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 827 [EDITORS’ […]
WALKER v. RYND, 46 Wn.2d 226 (1955)
280 P.2d 259 E.L. WALKER et al., Appellants, v. JOHN P. RYND et al., Respondents.[1] No. 32973.The Supreme Court of Washington. En Banc. February 18, 1955. [1] Reported in 280 P.2d 259. [1] PHYSICIANS AND SURGEONS — NEGLIGENCE — ACTIONS — QUESTIONS FOR JURY — NEGLIGENCE OF DEFENDANT — PROXIMATE CAUSE — CONTRIBUTORY NEGLIGENCE. In […]
OMAN v. YATES, 70 Wn.2d 181 (1967)
422 P.2d 489 ANNETTE SUPPA OMAN, Appellant, v. DONALD H. YATES, as Executor, et al., Respondants.[*] No. 38505.The Supreme Court of Washington. Department One. January 5, 1967. [*] Reported in 422 P.2d 489. [1] Vendor and Purchaser — Specific Performance — Sale of Real Property. Upon the buyer’s breach of a contract for the purchase […]
ELOVICH v. NATIONWIDE INS. CO., 104 Wn.2d 543 (1985)
707 P.2d 1319 ROBERT ELOVICH, Individually and as Guardian, ET AL, Respondents, v. NATIONWIDE INSURANCE COMPANY, Appellant. No. 51131-4.The Supreme Court of Washington. En Banc. October 10, 1985. [1] Statutes — Construction — Legislative Intent — Legislative History. A court may resort to extrinsic aids such as legislative history to ascertain the Legislature’s intent in […]
STATE EX REL. CRAIG v. SUP. CT., 18 Wn.2d 441 (1943)
139 P.2d 615 THE STATE OF WASHINGTON on the Relation of Robert N. Craig, Plaintiff, v. THE SUPERIOR COURT FOR SNOHOMISH COUNTY, Ralph C. Bell, Judge, Respondent.[1] No. 29110.The Supreme Court of Washington. Department One. July 8, 1943. [1] Reported in 139 P.2d 615. [1] PROHIBITION — NATURE AND GROUNDS — WANT OR EXCESS OF […]
LACKMAN v. DEP’T OF LABOR INDUS., 78 Wn.2d 212 (1970)
471 P.2d 82 HENRY LACKMAN, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES et al., Respondents.[*] No. 40975.The Supreme Court of Washington. En Banc. June 25, 1970. [*] Reported in 471 P.2d 82. [1] Workmen’s Compensation — Employments Covered — Hotel — Scope. A business performing the functions of a hotel, i.e., primarily providing lodging […]
MALTED MOUSSE v. STEINMETZ, 150 Wn.2d 518 (2003)
79 P.3d 1154 MALTED MOUSSE, INC., a Washington corporation, Petitioner, v. MICHAEL A. STEINMETZ, Respondent. No. 73120-9.The Supreme Court of Washington. En Banc.Oral Argument Date: September 9, 2003. Filed: November 13, 2003. Page 519 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]
STATE EX REL. PERRY v. SEATTLE, 62 Wn.2d 891 (1963)
384 P.2d 874 THE STATE OF WASHINGTON, on the Relation of Joseph A. Perry, Jr., Respondent, v. THE CITY OF SEATTLE et al., Appellants.[*] No. 36588.The Supreme Court of Washington. Department One. September 5, 1963. [*] Reported in 384 P.2d 874. [1]Municipal Corporations — Officers — Removal — Civil Service. Under a civil service provision […]
STATE EX REL. EVANS v. CHAPMAN, 139 Wn. 556 (1926)
247 P. 946 THE STATE OF WASHINGTON, on the Relation of Tom Evans, Relator, v. W.O. CHAPMAN, as Judge of the Superior Court for Pierce County, Respondent. No. 20020. Department Two.The Supreme Court of Washington. July 15, 1926. [1] APPEAL (311) — RECORD — STATEMENT OF FACTS — COMPELLING ALLOWANCE OR SETTLEMENT. Controversies as to […]
ESTATE OF HEMPHILL v. REVENUE, 153 Wn.2d 544 (2005)
105 P.3d 391 ESTATE OF WYLIE M. HEMPHILL ET AL., Appellants, v. THE DEPARTMENT OF REVENUE ET AL., Respondents. No. 74974-4.The Supreme Court of Washington.Argued September 30, 2004. Decided February 3, 2005. Page 545 Raymond H. Siderius, Charles R. Lonergan, Jr., and William E. Wall (of Siderius Lonergan Martin, L.L.P.); G. Lawrence Salkield; and Orly […]
STATE EX REL. HARDY v. SUPERIOR COURT, 155 Wn. 244 (1930)
284 P. 93 THE STATE OF WASHINGTON, on the Relation of J.L. Hardy et al., Plaintiffs, v. THE SUPERIOR COURT FOR KING COUNTY et al., Respondents. No. 22331. Department One.The Supreme Court of Washington. January 15, 1930. [1] CERTIORARI (5) — ADEQUACY OF REMEDY BY APPEAL. The remedy by appeal is inadequate and certiorari lies […]
IN RE DROWN’S ESTATE, 60 Wn.2d 110 (1962)
372 P.2d 196 In the Matter of the Estate of ELIZABETH ANNE DROWN, Deceased. OREN L. DROWN, Appellant, v. JAMES M. SAKSHAUG, as Executor, Respondent.[*] No. 36115.The Supreme Court of Washington. Department Two. June 7, 1962. [*] Reported in 372 P.2d 196. [1] WILLS — NATURE OF TESTAMENTARY POWER. The right to dispose of property […]
SHANDROW v. TACOMA, 188 Wn. 389 (1936)
62 P.2d 1090 GEORGE A. SHANDROW et al., Respondents, v. THE CITY OF TACOMA, Appellant. No. 26399. Department One.The Supreme Court of Washington. December 7, 1936. [1] MUNICIPAL CORPORATIONS (417) — TORTS — DEFECTS IN STREETS — DETOURS — LIABILITY. In laying watermains in a street requiring a detour for public travel, the city acts […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 96 Wn.2d 1026 (1981)
The Supreme Court of Washington. 1981. State, Respondent, v. Miller, Petitioner, No. 48307-8. Petition for review of a decision of the Court of Appeals, October 13, 1981, 30 Wn. App. 443. Denied January 8, 1982. State, Respondent, v. Dudrey, Petitioner, No. 48305-1. Petition for review of a decision of the Court of Appeals, October 20, […]
JONES v. STATE, 170 Wn.2d 338 (2010)
242 P.3d 825 MICHAEL S. JONES, Petitioner, v. THE STATE OF WASHINGTON ET AL., Respondents. No. 80787-6.The Supreme Court of Washington.Argued June 23, 2009. Decided November 4, 2010. Page 339 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 340 [EDITORS’ NOTE: THIS […]
MANKE v. PETERSON, 181 Wn. 185 (1935)
42 P.2d 39 WILLIAM C. MANKE, Respondent, v. N.P. PETERSON et al., Appellants. No. 25512. Department One.The Supreme Court of Washington. March 20, 1935. [1] FRAUDS, STATUTE OF (49) — OPERATION AND EFFECT — AGREEMENTS RELATING TO REAL PROPERTY — IMPROVEMENTS WITH PAYMENT OR POSSESSION. The taking possession of real property under an oral contract […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 97 Wn.2d 1001 (1982)
The Supreme Court of Washington. State, Respondent, v. Smith, Petitioner, No. 48252-7. Petition for review of a decision of the Court of Appeals, August 31, 1981, 30 Wn. App. 251. Granted January 29, 1982. State, Petitioner, v. Hudlow, Respondent. State, Petitioner, v. Harper, Respondent, No. 48351-5. Petition for review of a decision of the Court […]
STATE EX REL. EASTVOLD v. SUP’R CT., 48 Wn.2d 417 (1956)
294 P.2d 418 THE STATE OF WASHINGTON, on the Relation of Don Eastvold, as Attorney General, Plaintiff, v. THE SUPERIOR COURT FOR SNOHOMISH COUNTY, Thomas R. Stiger and Edward M. Nollmeyer, Judges Thereof, Respondents.[1] No. 33361.The Supreme Court of Washington. Department One. February 23, 1956. [1] Reported in 294 P.2d 418. [1] EMINENT DOMAIN — […]
HARRY v. BUSE TIMBER SALES, 166 Wn.2d 1 (2009)
201 P.3d 1011 DONALD HARRY, Respondent, v. BUSE TIMBER SALES, INC., ET AL., Petitioners. No. 79613-1.The Supreme Court of Washington.Argued January 22, 2008. Decided February 26, 2009. Page 2 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 3 [EDITORS’ NOTE: THIS PAGE […]
THOMAS CO. v. PENLAND, 148 Wn. 279 (1928)
268 P. 867 E.R. THOMAS COMPANY, INCORPORATED, Respondent, v. ELLEDGE R. PENLAND et al., Appellants. No. 21174. Department Two.The Supreme Court of Washington. July 2, 1928. [1] JUDGMENT (110, 117-1) — VACATION — MISTAKE — WAIVER OF OBJECTION. A judgment of foreclosure should not be vacated because entered for too large a sum, by reason […]
STATE EX REL. WOHLEB v. YELLE, 196 Wn. 26 (1938)
81 P.2d 864 THE STATE OF WASHINGTON, on the Relation of Jos. H. Wohleb, Plaintiff, v. CLIFF YELLE, as State Auditor, Respondent. No. 27263. En Banc.The Supreme Court of Washington. August 9, 1938. [1] STATES — AUTHORITY OF STATE OFFICERS — STATE CAPITOL COMMITTEE — DESIGNATION OF SITE FOR PROPOSED UNIT OF CAPITOL GROUP. Where […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 121 Wn.2d 1012 (1993)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Vanderploeg, Petitioner, No. 60097-0. Petition for review of a decision of the Court of Appeals, No. 26724-8-I, December 8, 1992. Denied March 31, 1993. State, Respondent, v. Kilgore, Petitioner, No. 60098-8. […]
LUMPER v. BOEING CORP., 162 Wn.2d 1016 (2008)
178 P.3d 1032 Lumper et al., Petitioners, v. Boeing Corp., Respondent. Nolan, Petitioner, v. Boeing Corp., Respondent. No. 80036-7.The Supreme Court of Washington. February 5, 2008. Petition for review of decisions of the Court of Appeals, Nos. 23760-5-III, 23761-3-III, and 24113-1-III, December 14, 2006, 136 Wn. App. 1020. Dispositions of Petitions for Review and Selected […]
STATE v. CSG JOB CENTER, 117 Wn.2d 493 (1991)
816 P.2d 725 THE STATE OF WASHINGTON, on the Relation of Mary Faulk, as Director of the Department of Licensing, Appellant, v. CSG JOB CENTER, ET AL, Respondents. BRUCE WAYNE, ET AL, Respondents, v. THE DEPARTMENT OF LICENSING, Appellant. No. 57853-2.The Supreme Court of Washington. En Banc. September 19, 1991. [1] Statutes — Construction — […]
REVIEW ORDERS, 146 Wn.2d 1005 (2002)
The Supreme Court of Washington. 2002 State, Respondent v. Simmons, Petitioner, No. 71863-6. Petition for review of a decision of the Court of Appeals, October 15, 2001, 108 Wn. App. 1036. Denied May 1, 2002. Faverty, et al., Respondents, v. Asmus, et al., Petitioners, No. 71866-1. Petition for review of a decision of the Court […]
FAUST v. ALBERTSON, 164 Wn.2d 1025 (2008)
Faust, Individually and as Guardian, et ah, Petitioners, v. Albertson, as Personal Administrator, et al., Defendants, Bellingham Lodge No. 493 et al., Respondents. No. 81356-6.The Supreme Court of Washington. October 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, […]
STATE FARM v. PARRELLA, 160 Wn.2d 1009 (2007)
160 P.3d 54 State Farm Fire Cas. Co., Respondent, v. Parrella, Individually and as Parent I Guardian, Defendant, Potts, Individually and as Parent I Guardian, Petitioner. No. 79268-2.The Supreme Court of Washington. May 4, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the […]
OIL HEAT INSTITUTE v. MUKILTEO, 78 Wn.2d 1 (1970)
469 P.2d 547 THE OIL HEAT INSTITUTE OF WASHINGTON et al., Appellants, v. THE TOWN OF MULKILTEO et al., Respondents.[*] No. 40472.The Supreme Court of Washington. En Banc. May 14, 1970. [*] Reported in 469 P.2d 547. [1] Taxation — Excessive Tax — Determination — Burden of Proof. Whether a tax is so excessive as […]
BELLEVUE v. INT’L ASS’N OF FIRE FIGHTERS, 119 Wn.2d 373 (1992)
831 P.2d 738 THE CITY OF BELLEVUE, Respondent, v. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1604, ET AL, Appellants. No. 58236-0.The Supreme Court of Washington. En Banc. June 25, 1992. [1] Arbitration — Interest Arbitration — What Constitutes — Distinguished From Grievance Arbitration. Interest arbitration is used to determine the terms of a contract when […]
LUCKER v. LUCKER, 71 Wn.2d 165 (1967)
426 P.2d 981 GERHART P. LUCKER, Respondent, v. LOUELLA M. LUCKER, Appellant.[*] No. 38509.The Supreme Court of Washington. Department One. May 4, 1967. [*] Reported in 426 P.2d 981. [1] Divorce — Disposition of Property — Discretion of Trial Court. The trial court is given wide discretion in making a disposition of property of divorced […]
STATE ETC. BRADFORD v. STUBBLEFIELD, 36 Wn.2d 664 (1950)
220 P.2d 305 THE STATE OF WASHINGTON, on the Relation of Albert N. Bradford, as Prosecuting Attorney for Walla Walla County, Appellant, v. EMORY STUBBLEFIELD et al., Respondents.[1] No. 31227.The Supreme Court of Washington. Department Two. June 29, 1950. [1] Reported in 220 P.2d 305. [1] NUISANCE — WHAT CONSTITUTES — NUISANCE PER SE. A […]
STATE v. RITTER, 166 Wn.2d 1038 (2008)
State, Respondent, v. Ritter, Petitioner. No. 83212-9.The Supreme Court of Washington. September 30, 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. 26804-7-III, February 26, 2009, 149 Wn. App. 105. Denied.
DISPOSITIONS OF PETITIONS FOR REVIEW, 100 Wn.2d 1008 (1983)
The Supreme Court of Washington. State, Respondent, v. Austin, Petitioner, No. 49748-6. Petition for review of a decision of the Court of Appeals, May 9, 1983, 34 Wn. App. 625. Granted September 2, 1983. State, Respondent, v. Williams, Petitioner, No. 49749-4. Petition for review of a decision of the Court of Appeals, May 16, 1983, […]
FEDERAL ELECTRIC COMPANY v. GAY, 137 Wn. 704 (1925)
241 P. 1119 FEDERAL ELECTRIC COMPANY, Appellant, v. E.F. GAY et al., Respondents. No. 19476. Department Two.The Supreme Court of Washington. December 22, 1925. Appeal from a judgment of the superior court for Skagit county, Joiner, J., entered October 10, 1924, upon findings in favor of the defendant, in an action tried to the court. […]
McALLISTER v. CITY OF BELLEVUE, 164 Wn.2d 1002 (2008)
McAllister et al., Petitioners, v. City of Bellevue Firemen’s Pension Bd., Respondent. No. 81187-3.The Supreme Court of Washington. August 5, 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. 57869-3-I, November 19, 2007, 142 Wn. App. 250. Review Orders. […]
STATE v. HOOD, 160 Wn.2d 1003 (2007)
158 P.3d 614 State, Respondent, v. Hood, Petitioner. No. 79018-3.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. 32495-4-II, July 11, 2006, 133 Wn. App. 1045. Denied.
STATE v. ORANGE, 149 Wn.2d 1014 (2003)
State, Respondent, v. Orange, Petitioner. In re Pers. Restraint of Orange, Petitioner. No. 73295-7.The Supreme Court of Washington. May 28, 2003. Petitions for review of a decision of the Court of Appeals, Nos. 20242-9-III; 20567-3-III; 20854-1-III, October 29, 2002, 114 Wn. App. 1016. Denied May 28, 2003.
SIGOL v. KAPLAN, 147 Wn. 269 (1928)
266 P. 154 BENNIE SIGOL, by his Guardian ad litem ROSE SIGOL, Respondent, v. D. KAPLAN, Appellant. ROSE SIGOL, Respondent, v. D. KAPLAN, Appellant. No. 20967. Department One.The Supreme Court of Washington. April 2, 1928. [1] MUNICIPAL CORPORATIONS (379, 380) — USE OF STREETS — CROSSING AND PASSING — NEGLIGENCE. The negligence of the driver […]
CHRISTENSEN v. GENSMAN, 53 Wn.2d 313 (1958)
333 P.2d 658 EVELYN M. CHRISTENSEN, Respondent, v. ROBERT GENSMAN et al., Appellants.[1] No. 34604.The Supreme Court of Washington. Department Two. December 26, 1958. [1] Reported in 333 P.2d 658. [1] APPEAL AND ERROR — REVIEW — FINDINGS. Findings of fact supported by substantial evidence in the record cannot be disturbed on appeal. [2] NAVIGABLE […]
STATE v. HODGES, 151 Wn.2d 1031 (2004)
State, Respondent, v. Hodges, Petitioner. No. 74678-8.The Supreme Court of Washington. June 11, 2004. Petition for review of a decision of the Court of Appeals, No. 50901-2-I, October 6, 2003, 118 Wn. App. 668. Denied June 11, 2004.
IN RE ARBITRATION ETC. v. LAKE WASHINGTON ETC., 1 Wn.2d 401 (1939)
96 P.2d 257 IN RE ARBITRATION PUGET SOUND BRIDGE DREDGING COMPANY, Appellant, v. LAKE WASHINGTON SHIPYARDS, Respondent.[1] No. 27687.The Supreme Court of Washington. Department Two. November 20, 1939. [1] Reported in 96 P.2d 257. [1] ARBITRATION AND AWARD — SUBMISSION TO ARBITRATION — STATUTORY PROVISIONS. In this state, common law arbitration is not recognized, the […]
STATE v. LOMBERA, 161 Wn.2d 1028 (2007)
169 P.3d 831 State, Respondent, v. Lombera, Petitioner. In re Personal Restraint of Lombera. No. 79880-0.The Supreme Court of Washington. October 31, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, Nos. 24425-3-III and 24831-3-III, February 16, 2007. Denied.
STATE v. CAMP, 71 Wn.2d 620 (1967)
430 P.2d 187 THE STATE OF WASHINGTON, Respondent, v. JOE CAMP, Appellant.[*] No. 39060.The Supreme Court of Washington. Department One. July 13, 1967. [*] Reported in 430 P.2d 187. [1] Criminal Law — Punishment — Satisfaction of Victim — Effect. A criminal offense is an injury to the public as well as the victim. A […]
HOME STATE BANK v. WHATCOM COUNTY, 171 Wn. 702 (1933)
18 P.2d 1119 HOME STATE BANK OF BLAINE et al., Respondents, v. WHATCOM COUNTY et al., Appellants. No. 23660. En Banc.The Supreme Court of Washington. February 3, 1933. Appeal from a judgment of the superior court for Whatcom county, Joiner, J., entered September 16, 1931, in favor of the plaintiffs, upon sustaining a demurrer to […]
HOLZER v. RHODES, 24 Wn.2d 184 (1945)
163 P.2d 811 JULIUS J. HOLZER, Appellant, v. TOMMIE RHODES et al., Respondents.[1] No. 29724.The Supreme Court of Washington. Department Two. November 19, 1945. [1] Reported in 163 P.2d 811. [1] APPEAL AND ERROR — REVIEW — PRESUMPTIONS — CHALLENGE TO SUFFICIENCY OF EVIDENCE — EFFECT OF EVIDENCE. On appeal from a judgment dismissing an […]
PULLAR v. WILDER, 53 Wn.2d 206 (1958)
332 P.2d 249 LAWRENCE F. PULLAR et al., Appellants, v. CHARLES V. WILDER, SR. et al., Respondents.[1] No. 34785.The Supreme Court of Washington. Department One. November 28, 1958. [1] Reported in 332 P.2d 249. [1] APPEAL AND ERROR — REVIEW — FINDINGS. The findings of fact made by a trial court will not be disturbed […]
KELLEY v. GREAT NORTHERN R. CO., 59 Wn.2d 894 (1962)
371 P.2d 528 GERALD D. KELLEY, Respondent, v. GREAT NORTHERN RAILWAY COMPANY, Appellant.[*] No. 36148.The Supreme Court of Washington. Department One. May 10, 1962. [*] Reported in 371 P.2d 528. [1] DAMAGES — EXCESSIVE DAMAGES — PERSONAL INJURIES — PAIN AND SUFFERING — IMPAIRMENT OF EARNING CAPACITY. In an action for damages sustained by a […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 117 Wn.2d 1003 (1991)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Stevens, Petitioner, No. 58199-1. Petition for review of a decision of the Court of Appeals, April 8, 1991, 60 Wn. App. 1069. Denied July 2, 1991. State, Respondent, v. McKinley, Petitioner, […]