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, […]
Category: Washington Supreme Court Opinions
ICE DELIVERY CO. OF SPOKANE v. DAVIS, 137 Wn. 649 (1926)
243 P. 842 ICE DELIVERY COMPANY OF SPOKANE, Appellant, v. NEWELL S. DAVIS, Respondent. No. 19543. Department Two.The Supreme Court of Washington. March 4, 1926. [1] APPEAL (272) — RECORD — AFFIDAVITS. Affidavits used on a hearing for a temporary injunction cannot be considered on appeal when not brought up by bill of exceptions or […]
STATE v. RODRIGUEZ, 162 Wn.2d 1003 (2007)
175 P.3d 1093 State, Respondent, v. Rodriguez, Petitioner. No. 79780-3.The Supreme Court of Washington. December 4, 2007. Petition for review of a decision of the Court of Appeals, No. 55277-5-I, December 12, 2005, 130 Wn. App. 1044. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
COWLES PUBL’G CO. v. SPOKANE POLICE, 139 Wn.2d 472 (1999)
987 P.2d 620 COWLES PUBLISHING COMPANY, Petitioner, v. SPOKANE POLICE DEPARTMENT, CITY OF SPOKANE, WASHINGTON, Respondent. No. 67290-3.The Supreme Court of Washington. En Banc.Argued June 17, 1999. Decided October 21, 1999. Page 473 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 474 […]
STATE v. NGUYEN, 129 Wn.2d 1017 (1996)
917 P.2d 576 State, Respondent, v. Nguyen, Petitioner. No. 63872-1.The Supreme Court of Washington. June 4, 1996. Petition for review of a decision of the Court of Appeals, January 16, 1996, 80 Wn. App. 1027. Denied June 4, 1996.
DISPOSITIONS OF PETITIONS FOR REVIEW, 138 Wn.2d 1001 (1999)
The Supreme Court of Washington. 1999. J.R. Simplot, Inc., Respondent, v. Knight, et al., Defendants, Yakima Fed. Say. Loan Ass’n, Petitioner, No. 67652-6. Petition for review of a decision of the Court of Appeals, December 10, 1998, 93 Wn. App. 369. Granted June 29, 1999. Pitzer, et al., Respondents, v. Union Bank, Petitioner In re […]
HEUSS v. OLSON, 43 Wn.2d 901 (1953)
264 P.2d 875 HENRIETTE C. HEUSS, Appellant, v. HARRY W. OLSON et al., Respondents.[1] No. 32468.The Supreme Court of Washington. Department Two. December 18, 1953. [1] Reported in 264 P.2d 875. [1] PLEADING — AMENDMENT — TRIAL AMENDMENT — DISCRETION OF COURT. The trial court’s refusal to permit a trial amendment will not be overturned […]
STATE v. BARTON, 198 Wn. 268 (1939)
88 P.2d 385 THE STATE OF WASHINGTON, Respondent, v. LAWSON KAY BARTON, Appellant. No. 27283. Department Two.The Supreme Court of Washington. March 16, 1939. [1] CRIMINAL LAW — EVIDENCE — ADMISSIBILITY — OTHER OFFENSES — TO PROVE MOTIVE. In a prosecution for murder, it is reversible error to receive evidence of a witness for the […]
SENEAR v. DAILY JOURNAL AMERICAN, 97 Wn.2d 148 (1982)
641 P.2d 1180 JOHN A. SENEAR, Petitioner, v. THE DAILY JOURNAL — AMERICAN, Respondent. No. 47503-2.The Supreme Court of Washington. En Banc. March 4, 1982. [1] Constitutional Law — Appeal and Error — Review — Constitutional Issues — Determination. Whenever possible, an appellate court will decide a case on grounds other than the constitution. [2] […]
IN RE ELLERN, 23 Wn.2d 219 (1945)
160 P.2d 639 In the Matter of WILLIAM C. ELLERN, an Insane Person. WILLIAM C. ELLERN, Appellant, v. THE SUPERIOR COURT FOR SPOKANE COUNTY, Respondent.[1] No. 29531.The Supreme Court of Washington. En Banc. July 5, 1945. [1] Reported in 160 P.2d 639. [1] PLEADING — DEMURRER — ADMISSIONS BY DEMURRER. On demurrer to a petition […]
IN RE MARSHALL’S ESTATE, 35 Wn.2d 178 (1949)
211 P.2d 721 In the Matter of the Estate of SUSANNAH E. MARSHALL, Deceased. MYRTH S. WRIGHT, as Executrix, Appellant, v. THE STATE OF WASHINGTON, Respondent.[1] No. 30977.The Supreme Court of Washington. Department One. November 23, 1949. [1] Reported in 211 P.2d 721. [1] EXECUTORS AND ADMINISTRATORS — DISTRIBUTION OF ESTATE — OBJECTIONS — AS […]
SEATTLE v. GRUNDY, 86 Wn.2d 49 (1975)
541 P.2d 994 THE CITY OF SEATTLE, Respondent, v. RICHARD A. GRUNDY, Petitioner. No. 43520.The Supreme Court of Washington. Department One. October 30, 1975. [1] Criminal Law — Crimes — Voiding — Effect on Pending Proceedings. Pending litigation must be decided under the law at the time of decision; a pending prosecution under a statute […]
STATE v. VIDAL, 82 Wn.2d 74 (1973)
508 P.2d 158 THE STATE OF WASHINGTON, Respondent, v. CHARLES TYSON VIDAL, Appellant. No. 42091.The Supreme Court of Washington. En Banc. March 22, 1973. [1] Criminal Law — Confessions — Advisement of Rights — Repeated Warnings. When a defendant has been adequately and effectively warned of his constitutional rights, it is not necessary to repeat […]
STATE v. ROBERTSON, 61 Wn.2d 99 (1962)
377 P.2d 257 THE STATE OF WASHINGTON, Respondent, v. HORACE WAYNE ROBERTSON, Appellant.[*] No. 36033.The Supreme Court of Washington. Department One. December 27, 1962. [*] Reported in 377 P.2d 257. [1] CRIMINAL LAW — TRIAL — INSTRUCTIONS — CLARITY AND SUFFICIENCY. Where a defendant was accused of committing an assault upon being arrested and then […]
IN RE GRANT, 109 Wn.2d 545 (1987)
747 P.2d 445 In the Matter of the Guardianship of BARBARA GRANT, JUDITH GRANT, Appellant, HUGH M. ROBINSON, Respondent. No. 52609-5.The Supreme Court of Washington. En Banc. December 10, 1987. [1] Medical Treatment — Termination of Life Support Systems — Incompetent Patient — Comatose State or Pain — Necessity. An incompetent patient does not lose […]
STATE v. SAUNDERS, 163 Wn.2d 1047 (2008)
State, Respondent, v. Saunders, Petitioner. No. 80562-8.The Supreme Court of Washington. July 8, 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. 35258-3-II, July 10, 2007, 139 Wn. App. 1053. Denied.
PARENTAGE OF K.R.P. v. PAWLAK, 171 Wn.2d 1033 (2011)
257 P.3d 664 In re Parentage of K.R.P. et al. Kjolhaug et al., Respondents, v. Pawlak, Petitioner. No. 85824-1.The Supreme Court of Washington. July 13, 2011. Petition for review of a decision of the Court of Appeals, Nos. 63774-6-I and 64471-8-I, February 22, 2011, 160 Wn. App. 215. Denied.
JOHNSON v. JOHNSON, 25 Wn.2d 797 (1946)
172 P.2d 243 B.A. JOHNSON, Respondent, v. WATT A. JOHNSON, Appellant.[1] No. 29662.The Supreme Court of Washington. Department Two. August 29, 1946. [1] Reported in 172 P.2d 243. [1] MORTGAGES — TRUST DEEDS — FORECLOSURE BY SALE — RECITALS IN TRUST DEED AS TO VALIDITY OF SALE — EFFECT. Under the California law, a provision […]
COLUMBIA PHY. THERAPY v. BENTON-FRANKLIN, 164 Wn.2d 1008 (2008)
196 P.3d 130 Columbia Physical Therapy, Inc., Petitioner, v. Benton-Franklin Orthopedic Associates, PLLC, et al., Respondents. No. 81734-1.The Supreme Court of Washington. September 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. 26702-4-III, May 23, 2008. Review Orders. […]
STATE v. ROBERTS, 144 Wn. 381 (1927)
258 P. 32 THE STATE OF WASHINGTON, Respondent, v. ARTHUR T. ROBERTS, Appellant. No. 20453. Department Two.The Supreme Court of Washington. July 25, 1927. [1] CRIMINAL LAW (260, 280) — TRIAL — INSTRUCTIONS — COMMENT ON EVIDENCE — ASSUMPTION OF FACTS — FLIGHT. In an instruction as to the effect of evidence of flight, it […]
STATE EX REL. KUPHAL v. BREMERTON, 59 Wn.2d 825 (1962)
371 P.2d 37 THE STATE OF WASHINGTON, on the Relation of John P. Kuphal, Appellant, v. THE CITY OF BREMERTON et al., Respondents.[*] No. 35837.The Supreme Court of Washington. Department One. April 26, 1962. [*] Reported in 371 P.2d 37. [1] ZONING — MODIFICATION OR AMENDMENT — ENABLING ORDINANCE — EFFECT. Where a city zoning […]
NORTH PAC. INS. CO. v. CHRISTENSEN, 143 Wn.2d 43 (2001)
17 P.3d 596 NORTH PACIFIC INSURANCE COMPANY, an insurance company doing business in Washington, Respondent, v. ROBERT E. CHRISTENSEN, III, an individual, and JAMES R. FARMER and PAMELA B. FARMER, husband and wife, Petitioners. No. 68155-4.The Supreme Court of Washington. En Banc.Argued June 20, 2000. Decided February 8, 2001. Page 44 [EDITORS’ NOTE: THIS PAGE […]
IN RE MUNICIPALITY OF METRO. SEATTLE, 67 Wn.2d 923 (1966)
410 P.2d 790 In the Matter of the Petition of the MUNICIPALITY OF METROPOLITAN SEATTLE. THE MUNICIPALITY OF METROPOLITAN SEATTLE, Respondent, v. KENMORE PROPERTIES, INC., Appellant.[*] No. 37773.The Supreme Court of Washington. Department Two. February 3, 1966. [*] Reported in 410 P.2d 790. [1] Eminent Domain — Proceedings — Notification of Nature and Extent of […]
STATE v. BOWDIN, 163 Wn.2d 1019 (2008)
180 P.3d 1292 State, Respondent, v. Bowdin, Petitioner. No. 80470-2.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, Nos. 57278-4-I and 57279-2-I, May 14, 2007, 138 Wn. App. 1038. Denied.
WEST v. MOUNT VERNON SAND GRAVEL, 56 Wn.2d 752 (1960)
355 P.2d 795 EZEKIEL WEST, Respondent, v. MOUNT VERNON SAND AND GRAVEL, INC., Appellant.[1] No. 34947.The Supreme Court of Washington. En Banc. September 22, 1960. [1] Reported in 355 P.2d 795. [1] WORKMEN’S COMPENSATION — EFFECT UPON OTHER RIGHTS OF ACTION — DETERMINATION OF INJURY IN EXTRAHAZARDOUS EMPLOYMENT. An injured person who files a claim […]
STATE v. LONG, 162 Wn.2d 1002 (2007)
175 P.3d 1093 State, Respondent, v. Long, Petitioner. No. 79772-2.The Supreme Court of Washington. December 4, 2007. Petition for review of a decision of the Court of Appeals, No. 24158-1-III, December 21, 2006, 136 Wn. App. 1026. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
DESIMONE v. SHIELDS, 152 Wn. 353 (1929)
277 P. 829 JOE DESIMONE et al., Appellants, v. W.W. SHIELDS et al., Respondents. No. 21604. En Banc.The Supreme Court of Washington. May 28, 1929. [1] STATUTES (45) — REPEALS — IMPLIED — REPEAL OF SPECIAL BY GENERAL ACT. The general act, L. 1923, p. 172 (Rem. 1927 Sup., § 5143), amendatory of prior general […]
STATE v. HOOD, 158 Wn.2d 1009 (2006)
State, Respondent, v. Hood, Petitioner. No. 78431-1.The Supreme Court of Washington. October 11, 2006. Petition for review of a decision of the Court of Appeals, No. 23257-3-III, January 31, 2006, 131 Wn. App. 1029. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
IN RE R.D., S.D., C.D., 129 Wn.2d 1018 (1996)
919 P.2d 599 In re R.D., S.D., C.D. Duarte, Petitioner, v. Department of Social Health Servs., Respondent. No. 63899-3.The Supreme Court of Washington. June 4, 1996. Petition for review of a decision of the Court of Appeals, No. 18696-9-II, October 17, 1995. Denied June 4, 1996. Page 1019
REPUBLIC v. BROWN, 97 Wn.2d 915 (1982)
652 P.2d 955 THE TOWN OF REPUBLIC, Petitioner, v. WILLIAM L. BROWN, Respondent. No. 48372-8.The Supreme Court of Washington. En Banc. October 28, 1982. [1] Statutes — Incorporation by Reference — Amendment — Effect. A legislative enactment which adopts a statute by reference without any indication of an intent that amendments to the statute also […]
STATE v. JONES, 163 Wn.2d 1009 (2008)
180 P.3d 784 State, Respondent, v. Jones, Petitioner. No. 80386-2.The Supreme Court of Washington. March 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. 24656-6-III, June 7, 2007, 139 Wn. App. 1004. Denied. Page 1010
J.I. CASE CREDIT CORP. v. STARK, 64 Wn.2d 470 (1964)
392 P.2d 215 J.I. CASE CREDIT CORPORATION, Respondent, v. GEORGE F. STARK et al., Appellants.[*] No. 37040.The Supreme Court of Washington. Department One. May 14, 1964. [*] Reported in 392 P.2d 215. [1] Frauds, Statute of — Parol Agreements to Perform Existing Obligations — Effect. It was immaterial, in determining a seller’s obligation to a […]
ROBINSON v. LINDSAY, 92 Wn.2d 410 (1979)
598 P.2d 392 WILLIAM ROBINSON, Respondent, v. JOHN LINDSAY, ET AL, Appellants, ROBERT ANDERSON, ET AL, Petitioners. No. 45685.The Supreme Court of Washington. En Banc. August 2, 1979. [1] Infants — Negligence — Mechanized Vehicle — Standard of Care — Minor Operator. A minor operating a powerful mechanized vehicle, such as a snowmobile, is held […]
BUS. SERVS. OF AM. II, INC. v. WAFERTECH, L.L.C., 153 Wn.2d 1013 (2005)
Bus. Servs. of Am. II, Inc., Petitioner, v. WaferTech, L.L.C., Respondent. No. 75688-1.The Supreme Court of Washington. February 1, 2005. Petition for review of a decision of the Court of Appeals, No. 28886-9-II, March 9, 2004, 120 Wn. App. 1042. Denied.
BUCHANAN v. SWITZERLAND GEN. INS., 76 Wn.2d 100 (1969)
455 P.2d 344 L.L. BUCHANAN, Appellant, v. SWITZERLAND GENERAL INSURANCE COMPANY, LIMITED, Respondent.[*] No. 39674.The Supreme Court of Washington. Department Two. May 29, 1969. [*] Reported in 455 P.2d 344. [1] Trial — Taking Case From Jury — Sufficiency of Evidence. When a party has challenged the sufficiency of his opponent’s evidence, the party challenged […]
JUDD v. AM. TEL. TEL. CO., 162 Wn.2d 1002 (2007)
175 P.3d 1092 Judd et al., Respondents, v. Am. Tel. Tel. Co., Respondent, T-Netix, Inc., Petitioner. No. 79779-0.The Supreme Court of Washington. December 4, 2007. Petition for review of a decision of the Court of Appeals, No. 57015-3-I, December 18, 2006, 136 Wn. App. 1022. Dispositions of Petitions for Review and Selected Motions for Discretionary […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 115 Wn.2d 1016 (1990)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Respondent, v. Canady, Petitioner, No. 57361-1. Petition for review of a decision of the Court of Appeals, May 14, 1990, 57 Wn. App. 1064. Granted October 3, 1990. Ateser, Petitioner, v. Wilson, et […]
STONE v. SAFECO INS. CO. OF AM., 163 Wn.2d 1004 (2008)
180 P.3d 783 Stone, Petitioner, v. Safeco Ins. Co. of Am., Respondent. No. 80237-8.The Supreme Court of Washington. March 4, 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. 34214-6-II, March 20, 2007, 137 Wn. App. 1047. Denied.
COMIN v. JACKSON, 64 Wn.2d 7 (1964)
390 P.2d 250 GEORGE COMIN et al., Respondents, v. DONALD JACKSON, JR., Appellant.[*] No. 36930.The Supreme Court of Washington. Department One. March 19, 1964. [*] Reported in 390 P.2d 250. [1] Trial — Taking Case From Jury — Sufficiency of Evidence. A judgment n.o.v. should not be granted unless the trial court can say as […]
HOME OWNERS’ LOAN CORP. v. CALLAHAN, 2 Wn.2d 604 (1940)
98 P.2d 1077 HOME OWNERS’ LOAN CORPORATION, Appellant, v. JAMES P.H. CALLAHAN et al., Respondents.[1] No. 27706.The Supreme Court of Washington. Department Two. February 9, 1940. [1] Reported in 98 P.2d 1077. [1] MORTGAGES — FORECLOSURE — SALE — CONFIRMATION — INADEQUACY OF PRICE. While the court has a wide discretion in the confirmation of […]
STATE v. NEVAREZ, 152 Wn.2d 1007 (2004)
State, Respondent, v. Nevarez, Petitioner. No. 75026-2.The Supreme Court of Washington. September 9, 2004. Petition for review of a decision of the Court of Appeals, No. 50907-1-I, December 22, 2003, 119 Wn. App. 1053. Granted. Order revoked and review denied November 17, 2004.
STATE v. HUI SON CHOE, 151 Wn.2d 1039 (2004)
State, Respondent, v. Hui Son Choe, Petitioner. No. 74841-1.The Supreme Court of Washington. July 7, 2004. Petition for review of a decision of the Court of Appeals, No. 51132-7-I, December 4, 2003. Denied July 7, 2004.
BROD v. GEHRI HEATING PLUMBING CO., 200 Wn. 80 (1939)
93 P.2d 313 HARRY A. BROD, Respondent, v. GEHRI HEATING AND PLUMBING COMPANY, Appellant, C.A. DUNHAM COMPANY, Respondent. No. 27285. Department One.The Supreme Court of Washington. August 8, 1939. [1] FRAUDS, STATUTE OF — PROMISE TO ANSWER FOR DEBT OF ANOTHER — ORIGINAL OR COLLATERAL PROMISE. The statute of frauds, requiring agreements to answer for […]
STATE v. KOEHLER, 73 Wn.2d 145 (1968)
436 P.2d 773 THE STATE OF WASHINGTON, Respondent, v. BRUCE KOEHLER, Appellant.[*] No. 39379.The Supreme Court of Washington. Department Two. February 2, 1968. [*] Reported in 436 P.2d 773. [1] Criminal Law — Appeal — Right to Frivolous Appeal at Public Expense. An appeal perfected at public expense was dismissed and the appointed counsel permitted […]
WASHINGTON STATE LABOR COUNCIL v. REED, 73235-3 (Wash. 1-10-2003)
THE SUPREME COURT OF WASHINGTON WASHINGTON BANKERS ASSOCIATION; PURSE SEINE VESSEL OWNERS ASSOCIATION; COALITION OF COASTAL FISHERIES; WASHINGTON FOOD PROCESSORS COUNCIL; WASHINGTON STATE AUTO DEALERS ASSOCIATION, INC,; SAFEWAY, INC.; WINCO FOODS, INC.; STORMANS, INC.; and FULLER MARKET BASKET, INC., and GARY LOCKE, Governor of the State of Washington, Intervenor/Petitioner, v. Sam Reed No. 73235-3The Supreme […]
STATE v. PUD, 83 Wn.2d 219 (1973)
517 P.2d 585 THE STATE OF WASHINGTON, on the Relation of BLAINE M. MADDEN et al., Respondents, v. PUBLIC UTILITY DISTRICT NO. 1 et al., Appellants. No. 42710.The Supreme Court of Washington. En Banc. December 27, 1973. [1] Common Law — Statutes — Conflict With Common-law Rule — Effect. A statute whose terms are so […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 126 Wn.2d 1006 (1995)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Copeland, Petitioner, v. Pierce County, et al, Respondents, No. 62365-1. Petition for review of a decision of the Court of Appeals, September 23, 1994, 75 Wn. App. 1047. Denied March 10, 1995. State, Respondent, […]
STATE EX REL. HAGEN v. SUPERIOR COURT, 139 Wn. 454 (1926)
247 P. 942 THE STATE OF WASHINGTON, on the Relation of Rose S. Hagen, Plaintiff, v. THE SUPERIOR COURT FOR THURSTON COUNTY, Respondent. No. 19738. Department One.The Supreme Court of Washington. July 7, 1926. [1] PROCESS (1) — CONSTITUTIONAL PROVISION — STYLE OF PROCESS. Constitution Art. IV, § 27, providing that all process shall run […]
FISHER PROPERTIES v. ARDEN-MAYFAIR, 106 Wn.2d 826 (1986)
726 P.2d 8 FISHER PROPERTIES, INC., Respondent, v. ARDEN-MAYFAIR, INC., Appellant. No. 52135-2.The Supreme Court of Washington. En Banc. October 2, 1986. [1] Landlord and Tenant — Lease — Construction — In General. A lease will be given a reasonable, commonsense, and fair construction in the light of the entire agreement, the nature of the […]
IN RE SPOKANE SAVINGS BANK, 198 Wn. 665 (1939)
89 P.2d 802 In the Matter of the Liquidation of THE SPOKANE SAVINGS BANK. No. 27352. Department Two.The Supreme Court of Washington. April 27, 1939. [1] APPEAL AND ERROR — DECISIONS REVIEWABLE — FINALITY OF DETERMINATION — CONCERNING EXECUTION OR JUDICIAL SALES. In the liquidation of the assets of an insolvent bank, an order confirming […]
ULVE v. RAYMOND, 51 Wn.2d 241 (1957)
317 P.2d 908 BEULAH ULVE, as Executrix, Respondent, v. THE CITY OF RAYMOND, Appellant.[1] No. 34023.The Supreme Court of Washington. Department One. November 7, 1957. [1] Reported in 317 P.2d 908. [1] NEGLIGENCE — ACTS CONSTITUTING — DEGREE OF CARE REQUIRED. The supreme court has never repudiated the doctrine that the degree of care required […]
HIGHER EDUC. ASSISTANCE v. GRAHAM, 84 Wn.2d 813 (1974)
529 P.2d 1051 THE STATE HIGHER EDUCATION ASSISTANCE AUTHORITY, Petitioner, v. ROBERT V. GRAHAM et al., Respondents. No. 43124.The Supreme Court of Washington. En Banc. December 26, 1974. [1] Statutes — Validity — Presumptions — Burden of Proof. Statutes being presumed constitutional, the burden of proving their unconstitutionality falls upon their challenger. [2] Colleges and […]
TRAPP v. TRAPP, 155 Wn.2d 1006 (2005)
122 P.3d 185 In re Estate of Trapp. Trapp, Petitioner, v. Trapp, Respondent, Petitioner. No. 76131-1.The Supreme Court of Washington. September 7, 2005. Petition for review of a decision of the Court of Appeals, No. 52836-0-I, September 2, 2004. Denied.
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 121 Wn.2d 1009 (1993)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Petitioner, v. Carlyle, Respondent, No. 60113-5. Petition for review of a decision of the Court of Appeals, December 29, 1992, 68 Wn. App. 1024. Denied March 31, 1993. State, Respondent, v. Delarosa, Petitioner, […]
GILBERT v. SACRED HEART, 127 Wn.2d 370 (1995)
900 P.2d 552 LARRY GILBERT, ET AL., as Guardians, Appellants, v. SACRED HEART MEDICAL CENTER, ET AL., Respondents. No. 60570-0.The Supreme Court of Washington. En Banc. August 10, 1995. Page 371 DURHAM, C.J., GUY, J., and ANDERSEN, J. Pro Tem., dissent by separate opinion; ALEXANDER, TALMADGE, and PEKELIS, JJ., did not participate in the disposition […]
STATE v. EARL, 156 Wn.2d 1006 (2006)
132 P.3d 147 State, Respondent, v. Earl, Petitioner. No. 77135-9.The Supreme Court of Washington. January 11, 2006. Petition for review of a decision of the Court of Appeals, No. 54318-1-I, April 25, 2005, 127 Wn. App. 1007. Denied.
STATE v. BURNS, 155 Wn.2d 1003 (2005)
122 P.3d 185 State, Respondent, v. Burns, Petitioner. No. 76596-1.The Supreme Court of Washington. September 7, 2005. Petition for review of a decision of the Court of Appeals, No. 53028-3-I, December 20, 2004, 124 Wn. App. 1041. Denied.
STATE v. KELSEY, 46 Wn.2d 617 (1955)
283 P.2d 982 THE STATE OF WASHINGTON, Respondent, v. W.S. KELSEY, Appellant.[1] No. 32940.The Supreme Court of Washington. Department One. May 19, 1955. [1] Reported in 283 P.2d 982. [1] PHYSICIANS AND SURGEONS — CAPACITY AND QUALIFICATIONS — DRUGLESS HEALERS — LIMITATIONS UPON PRACTICE. Under the statutes relating to the healing sciences, those who qualify […]
CUERIER v. RADIO STATION KPUG., 51 Wn.2d 889 (1957)
314 P.2d 927 LESLIE U. CUERIER et al., Respondents, v. RADIO STATION KPUG et al., Appellants.[1] No. 34027.The Supreme Court of Washington. Department One. September 12, 1957. [1] Reported in 314 P.2d 927. Appeal from a judgment of the superior court for Whatcom county, No. 34322, Kale, J., entered May 29, 1956, upon the verdict […]
STATE v. DANE, 135 Wn.2d 1014 (1998)
960 P.2d 939 State, Petitioner, v. Dane, Respondent. No. 66576-1.The Supreme Court of Washington. July 8, 1998. Petition for review of a decision of the Court of Appeals, December 19, 1997, 89 Wn. App. 226. Denied July 8, 1998.
TYLER PIPE v. DEPARTMENT OF REVENUE, 105 Wn.2d 318 (1986)
715 P.2d 123 TYLER PIPE INDUSTRIES, INC., Appellant, v. THE DEPARTMENT OF REVENUE, Respondent. No. 51110-1.The Supreme Court of Washington. En Banc. March 6, 1986. [1] Taxation — Interstate Business — Due Process. A state tax on interstate commercial activity satisfies the requirements of the due process clause if there is some minimal connection between […]
PFLUGMACHER v. THOMAS, 34 Wn.2d 687 (1949)
209 P.2d 443 FRANCIS J. PFLUGMACHER et al., Respondents, v. WILLIAM J. THOMAS et al., Appellants.[1] No. 30899.The Supreme Court of Washington. Department Two. September 3, 1949. [1] Reported in 209 P.2d 443. [1] PARENT AND CHILD — TORTS OF CHILD — LIABILITY OF PARENTS. Parents are not responsible for the torts of their minor […]
ENDICOTT-JOHNSON CORPORATION v. BLOOM, 175 Wn. 606 (1933)
27 P.2d 1069 ENDICOTT-JOHNSON CORPORATION, Respondent, v. O.T. BLOOM, Defendant, SEATTLE ASSOCIATION OF CREDIT MEN, Appellant. No. 24789. Department Two.The Supreme Court of Washington. December 19, 1933. [1] FRAUDULENT CONVEYANCES (31, 35) — PREFERENCES TO CREDITORS — RIGHT OF DEBTOR TO PREFER CREDITORS. In view of the long settled right of a debtor in this […]
STATE v. OJA, 150 Wn. 696 (1929)
273 P. 533 THE STATE OF WASHINGTON, Appellant, v. MARIE OJA, Respondent. No. 21412. Department Two.The Supreme Court of Washington. January 3, 1929. Appeal from an order of the superior court for Spokane county, Webster, J., entered March 10, 1928, dismissing a prosecution for petit larceny. Affirmed. Chas. W. Greenough and Louis F. Bunge, for […]
DONOVAN v. HALLOWELL, 140 Wn. 312 (1926)
248 P. 412 WILLIAM DONOVAN, Appellant, v. H.B. HALLOWELL, et al., Respondents. No. 19934. Department One.The Supreme Court of Washington. August 26, 1926. [1] EVIDENCE (153) — PAROL TO VARY WRITING — RECEIPTS OR RELEASE. A formal instrument releasing and discharging a party from any and all debts, obligations, claims or demands of every nature, […]
STATE v. McKEE, 163 Wn.2d 1049 (2008)
State, Respondent, v. McKee, Petitioner. No. 80858-9.The Supreme Court of Washington. July 8, 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. 56504-4-I, July 23, 2007, 141 Wn. App. 22. Denied.
EATONVILLE STATE BANK v. MARSHALL, 170 Wn. 503 (1932)
17 P.2d 14 EATONVILLE STATE BANK, Appellant, v. W. MARSHALL, Respondent. No. 23628. Department Two.The Supreme Court of Washington. December 16, 1932. [1] SALES (104, 107) — WARRANTY OF TITLE — POSSESSION OF SELLER — APPLICATION OF DOCTRINE OF CAVEAT EMPTOR. The title to personal property cannot rise higher than its source, and a sale […]
COMYNS v. PAINTER, 172 Wn. 285 (1933)
19 P.2d 1104 ALICE H. COMYNS, Respondent, v. HARRY E. PAINTER, Appellant. No. 24348. Department One.The Supreme Court of Washington. March 17, 1933. [1] JUDGMENT (189) — CONCLUSIVENESS — JUDGMENT ON DEMURRER — RES JUDICATA. A judgment of dismissal upon sustaining a general demurrer to a complaint and failure to plead further, in an action […]
McLAUGHLIN v. McLAUGHLIN, 43 Wn.2d 111 (1953)
260 P.2d 875 CLARENCE H. McLAUGHLIN, Respondent, v. LAURA McLAUGHLIN, Appellant.[1] No. 32462.The Supreme Court of Washington. Department Two. August 20, 1953. [1] Reported in 260 P.2d 875. [1] APPEAL AND ERROR — RECORD — MEMORANDUM OPINION — INCLUSION IN STATEMENT OF FACTS — NECESSITY. The supreme court will not consider a memorandum opinion unless […]
IN RE THREE MINORS, 50 Wn.2d 653 (1957)
314 P.2d 423 In the Matter of the Welfare of THREE MINORS. THE STATE OF WASHINGTON, on the Relation of Barbara Johnson, Plaintiff, v. WARNER POYHONEN, as Judge of the Superior Court for Thurston County, Respondent.[1] No. 34174.The Supreme Court of Washington. Department Two. August 1, 1957. [1] Reported in 314 P.2d 423. [1] INFANTS […]
ASHLEY v. SUPERIOR COURT, 83 Wn.2d 630 (1974)
521 P.2d 711 LOIS ASHLEY, Petitioner, v. SUPERIOR COURT FOR PIERCE COUNTY, Respondent. No. 42427.The Supreme Court of Washington. En Banc. April 18, 1974. [1] Appeal and Error — Assignments of Error — Necessity — In General. A matter not properly before the court on appeal need not be considered even though both parties may […]
STATE v. JOHNSON, 153 Wn.2d 1003 (2005)
State, Respondent, v. Johnson, Petitioner. No. 75492-6.The Supreme Court of Washington. January 4, 2005. Petition for review of a decision of the Court of Appeals, No. 29788-4-II, April 27, 2004, 121 Wn. App. 1021. Denied.
STATE v. LEWIS, 93 Wn.2d 80 (1980)
605 P.2d 1265 THE STATE OF WASHINGTON, on the Relation of James F. Nugent, Jr., Petitioner, v. BILL LEWIS, Respondent. No. 46143.The Supreme Court of Washington. En Banc. January 31, 1980. [1] Statutes — Construction — Meaning of Words — “Shall.” Whether the statutory term “shall” has a directory or mandatory meaning depends upon the […]
STATE v. HARRISON, 170 Wn.2d 1002 (2010)
243 P.3d 551 State, Respondent, v. Harrison, Petitioner. State, Respondent, v. Alexander, Defendant. No. 84688-0.The Supreme Court of Washington. November 2, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of decisions of the Court of Appeals, No. 64954-0-i, May 10, 2010, 155 Wn. App. 1050. Denied.
BAKER v. TACOMA, 167 Wn.2d 1023 (2010)
224 P.3d 773 Baker, Petitioner, v. City of Tacoma, Respondent. No. 83319-2.The Supreme Court of Washington. Denied January 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. 38371-3-II, June 3, 2009. Review Order. Denied Page 1
STATE EX REL. WITTING v. SUP. CT., 56 Wn.2d 117 (1960)
351 P.2d 409 THE STATE OF WASHINGTON, on the Relation of Mabel Witting, as Executrix, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, William J. Wilkins, Judge, Respondent.[1] No. 35143.The Supreme Court of Washington. En Banc. April 21, 1960. [1] Reported in 351 P.2d 409. [1] CONTINUANCE — DISCRETION OF COURT. In cases within the […]
LEWIS v. DEP’T OF LICENSING, 157 Wn.2d 446 (2006)
139 P.3d 1078 STEVEN A. LEWIS, Petitioner, v. THE DEPARTMENT OF LICENSING, Respondent. THE STATE OF WASHINGTON, Respondent, v. KENNETH D. HIGGINS, Petitioner. THE CITY OF AUBURN, Respondent, v. EDWARD KELLY, Petitioner. THE CITY OF AUBURN, Respondent, v. ANDREW DEWAELE, Petitioner. Nos. 76824-2; 77110-3.The Supreme Court of Washington.Argued February 14, 2006. Decided August 3, 2006. […]
JELLUM v. GRAYS HARBOR FUEL CO., 160 Wn. 585 (1931)
295 P. 939 C.E. JELLUM, Respondent, v. GRAYS HARBOR FUEL COMPANY, Appellant. No. 22796. Department Two.The Supreme Court of Washington. February 4, 1931. [1] MUNICIPAL CORPORATIONS (383) — USE OF STREETS — CONTRIBUTORY NEGLIGENCE. Contributory negligence of a truck driver in colliding with another truck backing into the street is not shown where he had […]
IN THE MATTER OF DISCIP. PROCEEDING AGAINST PRESZLER, 157 Wn.2d 1016 (2006)
141 P.3d 66 IN THE MATTER OF THE DISCIPLINARY PROCEEDING AGAINST PRESZLER. No. 13836.The Supreme Court of Washington. July 10, 2006. Petition for review of a decision of the Disciplinary Board of the Washington State Bar Association. Denied.
IN RE CUSTODY OF BERGERON, 135 Wn.2d 1012 (1998)
960 P.2d 938 In re Custody of Jennifer A. Bergeron, Respondent, v. Kirk, Petitioner. No. 66480-3.The Supreme Court of Washington. July 8, 1998. Petition for review of a decision of the Court of Appeals, November 20, 1997, 88 Wn. App. 1029. Denied July 8, 1998.
GRANT v. ANGELL, 140 Wn. 700 (1926)
247 P. 1119 MRS.C.E. GRANT et al., Respondent, v. E.M. ANGELL, Appellant. No. 19873. Department One.The Supreme Court of Washington. July 30, 1926. Appeal from an order of the superior court for Pierce county, Clifford, J., entered May 2, 1925, denying a motion by the defendant to set aside a default judgment. Dismissed on stipulation […]
IN RE DET. OF POUNCY, 168 Wn.2d 382 (2010)
229 P.3d 678 In the Matter of the Detention of CURTIS N. POUNCY, Respondent. No. 81769-3.The Supreme Court of Washington.Argued September 17, 2009. Decided March 11, 2010. Page 383 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 384 Appeal from the Superior […]
STATE EX REL. VERD v. SUP’R CT., 31 Wn.2d 625 (1948)
198 P.2d 663 THE STATE OF WASHINGTON, on the Relation of Wes E. Verd, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, James T. Lawler, Judge, Respondent.[1] No. 30509.The Supreme Court of Washington. En Banc. October 15, 1948. [1] Reported in 198 P.2d 663. [1] CORPORATIONS — DOING BUSINESS — SOLICITATION OF SALES. The fact […]
OWEN v. MATZ, 68 Wn.2d 374 (1966)
413 P.2d 368 AUSTIN S. OWEN et al., Respondents, v. ANTHONY B. MATZ et al., Appellants.[*] No. 37846.The Supreme Court of Washington. Department One. April 14, 1966. [*] Reported in 413 P.2d 368. [1] Vendor and Purchaser — Contracts — Rescission — Waiver of Right. The purchasers under a real-estate contract waived their right, if […]
LAMAR OBIE v. C 1031 PROPS., 165 Wn.2d 1016 (2009)
Lamar Obie Corp., Respondent, v. C 1031 Props., Inc., et al., Petitioners. No. 81950-5.The Supreme Court of Washington. January 7, 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. 26114-0-III, May 22, 2008, 144 Wn. App. 1041. Denied. Page […]
W.T. WATTS, INC. v. SHERRER, 89 Wn.2d 245 (1977)
571 P.2d 203 W.T. WATTS, INC., Respondent, v. ROBERT E. SHERRER, ET AL, Appellants, MAX C. BORGESON, ET AL, Respondents. No. 44654.The Supreme Court of Washington. En Banc. November 10, 1977. [1] Liens — Scope — Interests Affected. A lien authorized by RCW 60.04.010 attaches only to the property interest of the person who requests […]
STATE EX REL. ELECTRICAL PRODUCTS v. SUP. CT., 11 Wn.2d 678 (1941)
120 P.2d 484 THE STATE OF WASHINGTON, on the Relation of Electrical Products Consolidated, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, Donald A. McDonald, Judge, Respondent.[1] No. 28430.The Supreme Court of Washington. Department One. December 22, 1941. [1] Reported in 120 P.2d 484. [1] VENUE — CHANGE OF VENUE — STIPULATIONS AND AGREEMENTS. Where […]
STATE v. WHEELER, 108 Wn.2d 230 (1987)
737 P.2d 1005 THE STATE OF WASHINGTON, Respondent, v. KEITH BRYAN WHEELER, Petitioner. No. 52679-6.The Supreme Court of Washington. En Banc. June 4, 1987. [1] Arrest — Detention for Questioning — Scope and Degree of Intrusion — Factors. The permissible scope of an investigative stop of a suspect based on less than probable cause depends […]
IN RE KEEFE, 159 Wn.2d 822 (2007)
154 P.3d 213 In the Matter of the Disability Proceeding Against JOHN M. KEEFE, an Attorney at Law. No. 200,388-5.The Supreme Court of Washington.Argued February 15, 2007. Decided March 22, 2007. Page 823 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 824 […]
WISSINK v. DEPT. LABOR IND., 40 Wn.2d 672 (1952)
245 P.2d 1006 FRANK B. WISSINK, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Defendant, NORTHWEST MAGNESITE COMPANY, Appellant.[1] No. 32139.The Supreme Court of Washington. Department One. June 26, 1952. [1] Reported in 245 P.2d 1006. [1] WORKMEN’S COMPENSATION — PROCEEDINGS — PERCENTAGE OF DISABILITY — QUALIFICATION OF DOCTOR TO GIVE OPINION. In an industrial […]
TOIVONEN v. TOIVONEN, 196 Wn. 636 (1938)
84 P.2d 128 VIOLET TOIVONEN, as Administratrix, Respondent, v. MOSES TOIVONEN, Appellant. No. 27172. Department Two.The Supreme Court of Washington. November 7, 1938. [1] BANKS AND BANKING — JOINT TENANCY — SURVIVORSHIP — JOINT DEPOSITS — TITLE AND DISPOSITION. The mutual savings bank act, Rem. Rev. Stat., § 3348, subd. 3, providing that joint deposits […]
STATE EX REL. ULAND v. ULAND, 36 Wn.2d 176 (1950)
216 P.2d 756 THE STATE OF WASHINGTON, on the Relation of John W. Uland, Plaintiff, v. CALLIA ULAND et al., Respondents.[1] No. 31366.The Supreme Court of Washington. Department One. April 11, 1950. [1] Reported in 216 P.2d 756. [1] COURTS — CONFLICTING JURISDICTION — OVER SAME SUBJECT MATTER — PRIORITY. As a general rule, when […]
STATE v. SHORES, 169 Wn.2d 1017 (2010)
State, Respondent, v. Shores, Petitioner. No. 84411-9.The Supreme Court of Washington. September 7, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 38682-8-II, March 2, 2010, 154 Wn. App. 1051. Denied.
STATE v. JOHNSON, 151 Wn.2d 1021 (2004)
State, Respondent, v. Johnson, Petitioner. No. 74605-2.The Supreme Court of Washington. May 4, 2004. Petition for review of a decision of the Court of Appeals, No. 48696-9-I, September 8, 2003, 118 Wn. App. 259. Denied May 4, 2004.
EARLE M. JORGENSEN CO. v. SEATTLE, 99 Wn.2d 861 (1983)
665 P.2d 1328 EARLE M. JORGENSEN COMPANY, ET AL, Appellants, v. THE CITY OF SEATTLE, Respondent. No. 47986-1.The Supreme Court of Washington. En Banc. June 23, 1983. [1] Municipal Corporations — Utility Services — Rate Setting — Nature of Act — Due Process. A municipality’s setting of utility rates is a legislative act. Nonresident as […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 104 Wn.2d 1014 (1985)
The Supreme Court of Washington. Pilling, Petitioner, v. Eastern Pac. Enters. Trust, et al, Respondents, No. 51948-0. Petition for review of a decision of the Court of Appeals, July 8, 1985, 41 Wn. App. 158. Denied September 20, 1985. State, Respondent, v. Akridge, Petitioner, No. 51951-0. Petition for review of a decision of the Court […]
NARROWS REALTY CO. v. STATE, 52 Wn.2d 843 (1958)
329 P.2d 836 NARROWS REALTY COMPANY, INC., Respondent, v. THE STATE OF WASHINGTON et al., Appellants.[1] No. 34302.The Supreme Court of Washington. En Banc. September 12, 1958. [1] Reported in 329 P.2d 836. [1] TERRITORIES — PUBLIC LANDS — GOVERNMENT OWNERSHIP — TIDELANDS — POWER TO CONVEY. Before statehood, the United States held title to […]
STATE v. HUNDLEY, 126 Wn.2d 418 (1995)
895 P.2d 403 THE STATE OF WASHINGTON, Petitioner, v. DAVID R. HUNDLEY, Respondent. No. 61470-9.The Supreme Court of Washington. En Banc. May 18, 1995. [1] Criminal Law — Evidence — Degree of Proof — Reasonable Doubt — Due Process. The due process clause of the Fourteenth Amendment requires the State to prove beyond a reasonable […]
ZEBRA DISTRIB. CO. v. ACE FIREWORKS, 75 Wn.2d 326 (1969)
450 P.2d 962 ZEBRA DISTRIBUTING CO., INC., Appellant, v. ACE FIREWORKS, INC., Respondent.[*] No. 39766.The Supreme Court of Washington. Department One. February 13, 1969. [*] Reported in 450 P.2d 962. [1] Appeal and Error — Findings of Fact — Review. Findings of fact of a trial court will not be disturbed on appeal when supported […]
STATE v. FINLAYSON, 69 Wn.2d 155 (1966)
417 P.2d 624 THE STATE OF WASHINGTON, Respondent, v. ALLIN C. FINLAYSON, Appellant.[*] No. 38180.The Supreme Court of Washington. Department Two. August 18, 1966. [*] Reported in 417 P.2d 624. [1] Jury — Selection — Departure From Statutory Method — Presumption of Prejudice. When there has not been strict compliance with the statute in selection […]