STATE v. CARNEH, 166 Wn.2d 1030 (2009)

217 P.3d 337 State, Respondent, v. Carneh, Petitioner. No. 83093-2.The Supreme Court of Washington. September 9, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 61445-2-I, March 30, 2009, 149 Wn. App. 402. Denied. Page 1031

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POY v. MIYAMOTO, 153 Wn. 436 (1929)

279 P. 744 HARRY POY et al., Appellant, v. K. MIYAMOTO et al., Respondents. No. 21867. Department One.The Supreme Court of Washington. August 14, 1929. [1] REPLEVIN (35) — TITLE AND RIGHT TO POSSESSION OF PLAINTIFF — EVIDENCE — SUFFICIENCY. Title to property is sufficiently shown in an action of replevin, where it was purchased […]

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MUNROE v. MUNROE, 27 Wn.2d 556 (1947)

178 P.2d 983 LORRAINE BATCHELDER MUNROE, Appellant, v. ALEXANDER DANIEL MUNROE et al., Respondents.[1] No. 30102.The Supreme Court of Washington. Department One. April 8, 1947. [1] Reported in 178 P.2d 983. [1] APPEAL AND ERROR — RECORD — CONCLUSIVENESS. The parties to an appeal are bound by the record made by them in the lower […]

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STATE v. DEAN, 169 Wn.2d 1010 (2010)

State, Respondent, v. Dean, Petitioner. No. 84283-3.The Supreme Court of Washington. July 12, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 59389-7-I, October 26, 2009, 152 Wn. App. 1048. Granted on a specific issue and consolidated wit State […]

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STATE v. SOHAL, 168 Wn.2d 1025 (2010)

State, Respondent, v. Sohal, Petitioner. No. 83994-8.The Supreme Court of Washington. March 31, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 61777-0-I, November 16, 2009, 153 Wn. App. 1005. Denied.

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STATE v. GARNICA, 165 Wn.2d 1036 (2009)

State, Respondent, v. Garnica, Petitioner. No. 81912-2.The Supreme Court of Washington. March 6, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 59365-0-I, June 30, 2008, 145 Wn. App. 1026. Denied.

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STATE v. DABA, 75 Wn.2d 234 (1969)

450 P.2d 183 THE STATE OF WASHINGTON, Respondent, v. DAVID JOSE DABA, Appellant.[*] No. 40074.The Supreme Court of Washington. Department Two. January 23, 1969. [*] Reported in 450 P.2d 183. [1] Evidence — Res Gestae — Main Event. For purposes of the res gestae exception to the hearsay rule and the requirement of that exception […]

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MALTMAN v. SAUER, 84 Wn.2d 975 (1975)

530 P.2d 254 WILLIAM L. MALTMAN, as Administrator, Appellant, v. PETER H. SAUER et al., Respondents. No. 43327.The Supreme Court of Washington. En Banc. January 7, 1975. [1] Negligence — Rescue Doctrine — Professional Rescuers. An injured rescuer is not denied recovery under the rescue doctrine merely because he is a professional, but a professional […]

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STATE v. CAMARA, 113 Wn.2d 631 (1989)

781 P.2d 483 THE STATE OF WASHINGTON, Petitioner, v. ALFRED RICHARD CAMARA III, Respondent. No. 55982-1.The Supreme Court of Washington. En Banc. October 31, 1989. [1] Sexual Offenses — Rape — Defenses — Consent — In General. Consent is a valid defense to a charge of rape. [2] Criminal Law — Absence of Defense — […]

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STATE v. COLLINS, 66 Wn.2d 71 (1965)

400 P.2d 793 THE STATE OF WASHINGTON, Respondent, v. MARY COLLINS et al., Appellants.[*] Nos. 37842, 37844.The Supreme Court of Washington. Department One. April 15, 1965. [*] Reported in 400 P.2d 793. [1] Criminal Law — Constitutional Law — Right to Counsel. The constitutional right of a person accused of a crime to counsel (Const. […]

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STATE v. CARTY, 168 Wn.2d 1038 (2010)

State, Respondent, v. Carty, Petitioner. No. 84082-2.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. 62224-2-I, November 2, 2009, 152 Wn. App. 1055. Denied.

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NADEAU v. ROEDER, 139 Wn. 648 (1926)

247 P. 951 MARTHA NADEAU, Appellant, v. VICTOR A. ROEDER et al., Respondents. No. 19888. Department Two.The Supreme Court of Washington. July 17, 1926. [1] MUNICIPAL CORPORATIONS (445) — SIDEWALKS — SNOW AND ICE — LIABILITY OF ABUTTING OWNERS. The owners of abutting property are liable to a pedestrian injured by a fall upon an […]

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IN RE BELLEVUE MASONIC TEMPLE, INC., 75 Wn.2d 537 (1969)

452 P.2d 544 In the Matter of the Petition of BELLEVUE MASONIC TEMPLE, INC. BELLEVUE MASONIC TEMPLE, INC., Respondent, v. HAROLD E. LOKKEN, Appellant.[*] No. 39317.The Supreme Court of Washington. Department One. March 20, 1969. [*] Reported in 452 P.2d 544. [1] Cemeteries — Dead Bodies — Disinterment and Reinterment. A controversy involving the reinterment […]

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HILL SYRUP CO. v. NATIONAL CITY BANK, 133 Wn. 696 (1925)

233 P. 669 HILL SYRUP COMPANY, Plaintiff and Appellant, v. NATIONAL CITY BANK OF SEATTLE, Defendant and Appellant. No. 18365. En Banc.The Supreme Court of Washington. February 25, 1925. Cross-appeals from a judgment of the superior court for King county, Ronald, J., entered August 6, 1923, upon findings favorable to the plaintiff, in an action […]

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FALLIN v. FALLIN, 54 Wn.2d 370 (1959)

340 P.2d 791 MARY FALLIN, Appellant, v. Z.D. FALLIN, Respondent.[1] No. 34942.The Supreme Court of Washington. Department One. June 18, 1959. [1] Reported in 340 P.2d 791. [1] TRIAL — TRIAL BY COURT — WEIGHT AND SUFFICIENCY OF EVIDENCE. It is within the province of the trial judge to weigh the testimony of the witnesses […]

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MACDONALD v. MUT. OF ENUMCLAW, RESPONDENT, 166 Wn.2d 1029 (2009)

217 P.3d 336 MacDonald, Petitioner, v. Mut. of Enumclaw, Respondent. No. 83041-0.The Supreme Court of Washington. September 9, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 60451-1-I, December 15, 2008, 147 Wn. App. 1046. Denied.

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STATE v. POSEY, 150 Wn.2d 1029 (2004)

State, Respondent, v. Posey, Petitioner. No. 74232-4.The Supreme Court of Washington. En Banc. January 7, 2004. Petition for review of a decision of the Court of Appeals, No. 28440-5-II, June 10, 2003, 117 Wn. App. 1022. Denied. Page 1030

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RICONO v. HOLLENBECK, 34 Wn.2d 872 (1949)

210 P.2d 809 A.L. RICONO, Respondent, v. E.G. HOLLENBECK et al., Appellants.[1] No. 31101.The Supreme Court of Washington. Department One. October 24, 1949. [1] Reported in 210 P.2d 809. [1] LANDLORD AND TENANT — CREATION OF THE RELATION — EVIDENCE OF THE RELATION — SUFFICIENCY. On an issue as to whether the relationship of landlord […]

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BARNECUT v. SEATTLE SCHOOL DIST., 63 Wn.2d 905 (1964)

389 P.2d 904 HOBERT R. BARNECUT, Appellant, v. SEATTLE SCHOOL DISTRICT NO. 1, Respondent.[*] No. 36451.The Supreme Court of Washington. En Banc. March 5, 1964. [*] Reported in 389 P.2d 904. [1] Schools and School Districts — Liability for Injuries — Immunity — Baseball. A baseball is not an “athletic apparatus or appliance” within the […]

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STATE v. McDANIELS, 149 Wn.2d 1022 (2003)

State, Respondent, v. McDaniels, Petitioner. No. 73444-5.The Supreme Court of Washington. July 8, 2003. Petition for review of a decision of the Court of Appeals, Nos. 48806-6-I, 48807-4-I, November 25, 2002, 114 Wn. App. 1046. Denied July 8, 2003.

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STATE EX REL. SCHILLBERG v. BARNETT, 79 Wn.2d 578 (1971)

488 P.2d 255 THE STATE OF WASHINGTON, on the Relation of Robert E. Schillberg, Respondent, v. CHARLES BARNETT et al., Appellants. No. 41969.The Supreme Court of Washington. En Banc. August 26, 1971. [1] Gaming — “Gambling Game” — “Game of Chance” — Elements. “Gambling game” and “game of chance,” as used in RCW 9.47.010, are […]

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WEAVER v. WINDUST, 195 Wn. 240 (1938)

80 P.2d 766 LESTER WEAVER et al., Appellants, v. J.M. WINDUST et al., Respondents. No. 26956. Department One.The Supreme Court of Washington. June 22, 1938. [1] AUTOMOBILES — NEGLIGENCE — SKIDDING — EVIDENCE — BURDEN OF PROOF. Mere skidding of an automobile is not evidence of negligence in its operation; but where it skids to […]

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SAKSHAUG v. BARBER, 23 Wn.2d 628 (1945)

161 P.2d 536 ALFRED SAKSHAUG, as Administrator, et al., Appellants, v. WILLIAM H. BARBER et al., Respondents.[1] No. 29591.The Supreme Court of Washington. En Banc. August 30, 1945. [1] Reported in 161 P.2d 536. [1] JUDGMENT — NOTWITHSTANDING VERDICT. In passing upon a motion for judgment notwithstanding the verdict, no element of discretion is present, […]

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DENNY v. DEPT. OF LABOR INDUSTRIES, 172 Wn. 631 (1933)

21 P.2d 275 CHARLES DENNY, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant. No. 24252. Department Two.The Supreme Court of Washington. April 21, 1933. [1] MASTER AND SERVANT (20-1, 176) — WORKMEN’S COMPENSATION — RELATION OF PARTIES — WORKMAN OR INDEPENDENT CONTRACTOR. A freight solicitor assisting in checking and handling freight in a warehouse […]

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WILBUR v. VAN VECHTEN, 167 Wn. 22 (1932)

8 P.2d 426 I.R. WILBUR, Respondent, v. D.A. VAN VECHTEN, Appellant. No. 23374. Department Two.The Supreme Court of Washington. February 26, 1932. [1] COURTS (36) — TAXATION (151) — RULE OF DECISION — STATE DECISIS — FORECLOSURE OF LIEN — NOTICE TO CITY. The rule that a general county foreclosure does not cut off local […]

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MANOS v. JAMES, 7 Wn.2d 695 (1941)

110 P.2d 887 SAM MANOS, Respondent, v. KENNETH JAMES, Appellant.[1] No. 28031.The Supreme Court of Washington. En Banc. March 6, 1941. [1] Reported in 110 P.2d 887. [1] JOINT ADVENTURES — EXISTENCE OF RELATIONSHIP — ELEMENTS. A joint adventure arises from, and has its origin in, a contract, express or implied, whereby the parties enter […]

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P.U.D. NO. 2 v. STATE POWER COMM., 46 Wn.2d 233 (1955)

280 P.2d 264 PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, Respondent, v. THE WASHINGTON STATE POWER COMMISSION et al., Appellants.[1] No. 33176.The Supreme Court of Washington. En Banc. February 18, 1955. [1] Reported in 280 P.2d 264. [1] ELECTRICITY — STATE REGULATION — STATE POWER COMMISSION — SUPERSEDURE OF RIGHTS IN PENDING PROJECTS. Under […]

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STATE v. O’NEAL, 155 Wn.2d 1024 (2005)

126 P.3d 820 State, Respondent, v. O’Neal et al., Petitioners. No. 76950-8.The Supreme Court of Washington. November 30, 2005. Petition for review of a decision of the Court of Appeals, Nos. 29150-9-II, 29154-1-II, and 29523-7-II, March 15, 2005, 126 Wn. App. 395. Denied.

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STATE v. SWENSON, 62 Wn.2d 259 (1963)

382 P.2d 614 THE STATE OF WASHINGTON, Respondent, v. THELMA ANN SWENSON, Appellant.[*] No. 36248.The Supreme Court of Washington. En Banc. June 6, 1963. [*] Reported in 382 P.2d 614. [1]Criminal Law — Appeal — Minor Irregularities — Cumulative Effect. Although a trial court has wide discretionary power to govern the course and conduct of […]

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STATE EX REL. ECHTLE v. CARD, 148 Wn. 270 (1928)

268 P. 869 THE STATE OF WASHINGTON, on the Relation of Harold Echtle, Plaintiff, v. ERNEST M. CARD, Respondent. THE STATE OF WASHINGTON, on the Relation of Charles Sallee, Plaintiff, v. ERNEST M. CARD, Respondent. Nos. 21054, 21055. En Banc.The Supreme Court of Washington. June 29, 1928. [1] CRIMINAL LAW (374) — JUDGMENT — ENTRY […]

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CLEMONS v. CLEMONS, 65 Wn.2d 951 (1965)

400 P.2d 96 JOSEPH N. CLEMONS, Respondent, v. MABEL JEAN CLEMONS, Appellant.[*] No. 37291.The Supreme Court of Washington. Department One. March 11, 1965. [*] Reported in 400 P.2d 96. Appeal from a judgment of the Superior Court for King County, No. 592927, Howard J. Thompson, J., entered July 12, 1963 Affirmed. Cross actions for divorce. […]

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GILHAM v. DEPT. OF LABOR INDUSTRIES, 14 Wn.2d 359 (1942)

128 P.2d 645 MARY RAY GILHAM, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.[1] No. 28739.The Supreme Court of Washington. Department Two. July 27, 1942. [1] Reported in 128 P.2d 645. [1] WORKMEN’S COMPENSATION — APPEAL — REVIEW — JURY TRIAL. On an appeal in an industrial insurance case from a judgment based on […]

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JOHNSON v. BURGESON, 25 Wn.2d 269 (1946)

170 P.2d 311 R.B. JOHNSON, Appellant, v. GUST BURGESON, Respondent.[1] No. 29806.The Supreme Court of Washington. Department Two. June 21, 1946. [1] Reported in 170 P.2d 311. [1] ADVERSE POSSESSION — TAXATION — TAX TITLE HELD BY COUNTY — EFFECT ON ESTABLISHMENT OF TITLE BY PRESCRIPTION. The period a county holds title to property acquired […]

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STATE v. WHIDDEN, 144 Wn. 511 (1927)

258 P. 318 THE STATE OF WASHINGTON, Respondent, v. FRANK W. WHIDDEN, Appellant. No. 20400. Department One.The Supreme Court of Washington. July 30, 1927. [1] CRIMINAL LAW (34) — VENUE — CHANGE — DISCRETION. The denial of a change of venue on the ground of local prejudice will not be disturbed where there is nothing […]

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STATE v. DAVIS, 171 Wn.2d 1020 (2011)

253 P.3d 393 State, Respondent, v. Davis, Petitioner. No. 85641-9.The Supreme Court of Washington. April 27, 2011. Petition for review of a decision of the Court of Appeals No. 28366-6-III, January 20, 2011, 159 Wn. App. 1031. Denied. Page 1021

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STATE v. COURVILLE, 63 Wn.2d 498 (1963)

387 P.2d 938 THE STATE OF WASHINGTON, Respondent, v. STEPHEN COURVILLE et al., Defendants, ARTHUR ST. PETER, Appellant.[*] No. 36542.The Supreme Court of Washington. Department One. December 26, 1963. [*] Reported in 387 P.2d 938. [1] Criminal Law — Indictment and Information — Joinder of Counts — Different Offenses. Different offenses growing out of the […]

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IN RE ESPARZA, 118 Wn.2d 251 (1992)

821 P.2d 1216 CERTIFICATION FROM THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WASHINGTON IN In the Matter of CIPRIANO ESPARZA, ET AL. TUCKER STARBUCK, Plaintiff, v. CIPRIANO ESPARZA, ET AL, Defendants. No. 57337-9.The Supreme Court of Washington. En Banc. January 9, 1992. [1] Liens — Statutory Liens — Statement of Lien — […]

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CARPENTER LUMBER CO. v. HUGILL, 149 Wn. 45 (1928)

270 P. 94 W.I. CARPENTER LUMBER COMPANY, Appellant, v. ALEX W. HUGILL, Defendant, FIDELITY DEPOSIT COMPANY OF MARYLAND, Respondent. No. 21021. Department Two.The Supreme Court of Washington. September 5, 1928. [1] PRINCIPAL AND SURETY (8) — MISREPRESENTATION — CONCEALMENT OF MATERIAL FACTS — EVIDENCE — SUFFICIENCY. There was a concealment of material facts avoiding a […]

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SMITH v. ASHMORE, 68 Wn.2d 473 (1966)

413 P.2d 651 H.E. SMITH et al., Appellants v. HARRY T. ASHMORE et al., Respondents.[*] No. 37821.The Supreme Court of Washington. Department Two. April 21, 1966. [*] Reported in 413 P.2d 651. [1] Automobiles — Funeral Processions — Statutory Provisions. Funeral processions are not governed by the statutes controlling the operation of emergency vehicles. [2] […]

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STATE v. ARMENDARIZ, 160 Wn.2d 106 (2007)

156 P.3d 201 THE STATE OF WASHINGTON, Respondent, v. ISMAEL ARMENDARIZ, Petitioner. No. 78452-3.The Supreme Court of Washington.Argued March 13, 2007. Decided April 19, 2007. Page 107 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 108 Elaine L. Winters (of Washington Appellate […]

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STATE v. WILLIAMS, 141 Wn. 165 (1926)

251 P. 126 THE STATE OF WASHINGTON, Respondent, v. A.D. WILLIAMS, Appellant. No. 19925. Department One.The Supreme Court of Washington. December 3, 1926. [1] HIGHWAYS (52-1) — NEGLIGENT USE OF MOTOR VEHICLES — DRIVING WHILE INTOXICATED. A conviction of driving an automobile while intoxicated is not sustained where there is no proof that accused was […]

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TARDIFF v. SHORELINE SCH. DIST., 68 Wn.2d 164 (1966)

411 P.2d 889 JOHN TARDIFF, Appellant, v. SHORELINE SCHOOL DISTRICT et al., Respondents.[*] No. 38098.The Supreme Court of Washington. Department One. March 3, 1966. [*] Reported in 411 P.2d 889. [1] Statutes — Repeal — By Implication. Repeal of a statute by implication is not favored; and a previous act of the legislature is not […]

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STATE v. ESSARY, 60 Wn.2d 731 (1962)

375 P.2d 486 THE STATE OF WASHINGTON, Plaintiff, v. GRADY ESSARY, Defendant and Relator, THE SUPERIOR COURT FOR KING COUNTY, James W. Hodson, Judge, Respondent.[*] No. 36669.The Supreme Court of Washington. Department Two. October 25, 1962. [*] Reported in 375 P.2d 486. [1] CRIMINAL LAW — SENTENCE — SUSPENDED SENTENCE — REVOCATION — JUSTICE COURTS. […]

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IN RE MALONE, 107 Wn.2d 263 (1986)

728 P.2d 1029 In the Matter of the Disciplinary Proceeding Against PHILIP P. MALONE, an Attorney at Law. No. C.D. 4269.The Supreme Court of Washington. En Banc. November 26, 1986. [1] Attorney and Client — Discipline — Recommendation of Disciplinary Board — Effect — Factors. The Supreme Court evaluates a recommendation of the Disciplinary Board […]

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STATE v. REYNOLDS, 51 Wn.2d 830 (1958)

322 P.2d 356 THE STATE OF WASHINGTON, Appellant, v. DICK REYNOLDS, Defendant, BERTHA W. REYNOLDS, Respondent.[1] No. 34131.The Supreme Court of Washington. Department One. March 6, 1958. [1] Reported in 322 P.2d 356. [1] CRIMINAL LAW — MOTION IN ARREST OF JUDGMENT — NATURE AND SCOPE. A motion in arrest of judgment raises the question […]

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STATE v. PETERSON, 163 Wn.2d 1011 (2008)

180 P.3d 785 State, Respondent, v. Peterson, Petitioner. No. 80042-1.The Supreme Court of Washington. March 6, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 57565-1-I, March 12, 2007, 137 Wn. App. 1037. Denied.

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BETZ v. TACOMA DRUG CO., 15 Wn.2d 471 (1942)

131 P.2d 183 HARRY BETZ, Respondent, v. TACOMA DRUG COMPANY, Appellant.[1] No. 28868.The Supreme Court of Washington. Department One. November 25, 1942. [1] Reported in 131 P.2d 183. [1] CORPORATIONS — REPRESENTATION BY OFFICERS — EVIDENCE AS TO AUTHORITY. In an action against a corporation for damages for breach of options to sell real estate, […]

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BAYLEY v. LEWIS, 39 Wn.2d 464 (1951)

236 P.2d 350 FRANK S. BAYLEY, as Executor, et al., Respondents, v. ROBERTA L. LEWIS, Appellant.[1] No. 31670.The Supreme Court of Washington. En Banc. October 15, 1951. [1] Reported in 236 P.2d 350. [1] CONTRACTS — RESCISSION — LACHES. Rescission of a contract must be prompt upon discovery of the acts warranting such action; and […]

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STATE v. TAYLOR, 165 Wn.2d 1050 (2009)

State, Respondent, v. Taylor, Petitioner. No. 82449-5.The Supreme Court of Washington. April 29, 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. 60306-0-I, September 22, 2008, 146 Wn. App. 1059. Denied.

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SMITH v. YAMASHITA, 42 Wn.2d 490 (1953)

256 P.2d 281 MAE SMITH, as Administratrix, Appellant, v. FRANK YAMASHITA et al., Respondents.[1] No. 32195.The Supreme Court of Washington. Department One. April 27, 1953. [1] Reported in 256 P.2d 281. [1] DEATH — ACTIONS FOR CAUSING — EVIDENCE — PRESUMPTION OF DUE CARE — ACT CONSTITUTING VIOLATION OF ORDINANCE. In an action for the […]

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STATE v. HARPER, 150 Wn.2d 1024 (2003)

State, Respondent, v. Harper, Petitioner. No. 74078-0.The Supreme Court of Washington. En Banc. December 2, 2003. Petition for review of a decision of the Court of Appeals, No. 27916-9-II, May 28, 2003. Denied.

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STATE EX. REL. YORK v. B. OF C. COM’RS, 28 Wn.2d 891 (1947)

184 P.2d 577 THE STATE OF WASHINGTON, on the Relation of Dillard D. York et al., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF WALLA WALLA COUNTY et al., Respondents.[1] No. 30196.The Supreme Court of Washington. Department Two. September 16, 1947. [1] Reported in 184 P.2d 577. [1] DEDICATION — HIGHWAYS — NATURE AND REQUISITES […]

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KISER v. McCUTCHEON, 165 Wn.2d 1037 (2009)

Kiser et al., Respondents, v. McCutcheon et al., Petitioners. No. 82187-9.The Supreme Court of Washington. March 31, 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. 26211-1-III, July 1, 2008, 145 Wn. App. 1030. Denied.

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HOLLIS v. GARWALL, Inc., 137 Wn.2d 683 (1999)

974 P.2d 836 JIM C. HOLLIS and CONNIE M. HOLLIS, husband and wife; RICHARD L. MANSOR and TONI C. MANSOR, husband and wife, Respondents, v. Corporation; STEPHEN GARNER and JANE DOE GARNER, husband and wife; CHARLES WALLIN and JANE DOE WALLIN, husband and wife; IBEX CONSTRUCTION, INC., a Washington Corporation, Petitioners. No. 66254-1.The Supreme Court […]

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STATE v. DICKINSON, 167 Wn.2d 1006 (2009)

220 P.3d 209 State, Respondent, v. Dickinson, Petitioner. No. 83224-2.The Supreme Court of Washington. November 5, 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. 37863-9-II, May 27, 2009, 150 Wn. App. 1026. Review Orders. Denied.

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BERROCAL v. FERNANDEZ, 153 Wn.2d 1002 (2005)

Berrocal et al., Respondents, v. Fernandez et al., Petitioners. No. 75549-3.The Supreme Court of Washington. January 4, 2005. Petition for review of a decision of the Court of Appeals, No. 22011-7-III, March 11, 2004, 120 Wn. App. 555. Granted.

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DISPOSITIONS OF PETITIONS FOR REVIEW, 141 Wn.2d 1019 (2000)

The Supreme Court of Washington. 2000. State, Respondent, v. Bryan, Petitioner, No. 69647-1. Petition for review of a decision of the Court of Appeals, February 7, 2000, 99 Wn. App. 1027. Denied September 6, 2000. International Mercantile Co., Respondent, v. Kirchoffner, et al., Petitioners, No. 69602-1. Petition for review of a decision of the Court […]

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STATE v. GADDY, 152 Wn.2d 64 (2004)

93 P.3d 872 THE STATE OF WASHINGTON, Respondent, v. JULIET C. GADDY, Petitioner. No. 73719-3.The Supreme Court of Washington.Argued March 11, 2004. Decided July 8, 2004. Page 65 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 66 Neil M. Fox and Michael […]

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STATE v. CALDWELL, 153 Wn.2d 1001 (2005)

State, Respondent, v. Caldwell, Petitioner. No. 75488-8.The Supreme Court of Washington. January 4, 2005. Petition for review of a decision of the Court of Appeals, No. 21835-0-III, April 15, 2004, 121 Wn. App. 1008. Granted on a specific issue.

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BAYSIDE IRON WORKS v. THREE LAKES LBR. CO., 172 Wn. 283 (1933)

19 P.2d 1108 BAYSIDE IRON WORKS, Respondent, v. THREE LAKES LUMBER COMPANY, Appellant. No. 24359. Department One.The Supreme Court of Washington. March 17, 1933. [1] APPEAL AND ERROR (418) — REVIEW — FINDINGS. Findings on conflicting evidence will not be disturbed on appeal when the court is unable to say the evidence preponderates against them. […]

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DESSEN v. DEPT. OF LABOR INDUSTRIES, 190 Wn. 69 (1937)

66 P.2d 867 ESTHER ANNA DESSEN, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant. No. 26411. Department Two.The Supreme Court of Washington. April 12, 1937. [1] MASTER AND SERVANT — REMEDIES UNDER WORKMEN’S COMPENSATION ACT — APPEAL — REVIEW — MATTERS NOT CONSIDERED BY DEPARTMENT. On appeal from the rejection of a claim for […]

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STATE v. NORDLUND, 149 Wn.2d 1005 (2003)

State, Respondent, v. Nordlund, Petitioner. No. 73165-9.The Supreme Court of Washington. April 29, 2003. Petition for review of a decision of the Court of Appeals, No. 26222-3-II, September 13, 2002, 113 Wn. App. 171. Denied April 29, 2003.

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SUTTON v. PETERSON, 193 Wn. 175 (1938)

74 P.2d 884 C.M. SUTTON et al., Respondents, v. C.H. PETERSON et al., Appellants. No. 26776. Department Two.The Supreme Court of Washington. January 5, 1938. [1] VENDOR AND PURCHASER — RESCISSION BY PURCHASER — FRAUD — EVIDENCE — SUFFICIENCY. In an action by the buyer for rescission of a contract for the sale of standing […]

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PACIFIC TEL. TEL. CO. v. ROBINSON, 142 Wn. 537 (1927)

253 P. 790 PACIFIC TELEPHONE TELEGRAPH COMPANY, Respondent, v. J.W. ROBINSON et al., Appellants. No. 20263. Department One.The Supreme Court of Washington. March 7, 1927. [1] BONDS (14) — CONSTRUCTION — SCOPE AND EXTENT OF CONDITIONS. Where a bond is conditioned to pay a specific sum upon the final determination of a certain action, the […]

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THOMAS v. PRZBYLSKI, 83 Wn.2d 118 (1973)

516 P.2d 207 DOLORES J. THOMAS, Plaintiff, v. THOMAS PRZBYLSKI et al., Petitioners, THE CITY OF PUYALLUP, Respondent. No. 42432.The Supreme Court of Washington. En Banc. November 29, 1973. [1] Municipal Corporations — Indemnity — Nonclaim Statutes — Occurrence of Damage. A tort-feasor seeking contribution or indemnification from a municipality does not suffer “damage” or […]

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POWERHOUSE ENGINEERS v. STATE, 89 Wn.2d 177 (1977)

570 P.2d 1042 ASSOCIATION OF CAPITOL POWERHOUSE ENGINEERS, Appellant, v. THE STATE OF WASHINGTON, ET AL, Respondents. No. 44211.The Supreme Court of Washington. En Banc. October 27, 1977. [1] Labor Relations — Civil Service — Bargaining Unit — Nature. RCW 41.06.150 permits the establishment of an “agency shop,” i.e., one in which membership in an […]

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PETTIGREW v. McCOY-LOGGIE TIMBER CO., 138 Wn. 619 (1926)

245 P. 22 WILLIAM PETTIGREW et al., Appellants, v. McCOY-LOGGIE TIMBER COMPANY, Respondent. No. 19706. Department One.The Supreme Court of Washington. April 14, 1926. [1] LIMITATION OF ACTIONS (19, 26) — INJURIES TO REAL PROPERTY — FIRE ESCAPING TO LAND OF ANOTHER — TRESPASS OR CASE. An action for the destruction of standing timber by […]

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SANDERSON v. HARTFORD EASTERN R. CO., 159 Wn. 472 (1930)

294 P. 241 ROBERT SANDERSON, SR., Respondent, v. HARTFORD EASTERN RAILWAY COMPANY, Appellant. No. 22684. Department Two.The Supreme Court of Washington. December 5, 1930. [1] JOINT ADVENTURES (1) — NEGLIGENCE (23) — IMPUTED NEGLIGENCE — DRIVER OF AUTOMOBILE. A father, accepting an invitation to ride home in his son’s car while someone else relieved him […]

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IN RE CRESS, 13 Wn.2d 7 (1942)

123 P.2d 767 In the Matter of the Petition of JOSEPH W. CRESS for a Writ of Habeas Corpus.[1] No. 28602.The Supreme Court of Washington. Department Two. March 20, 1942. [1] Reported in 123 P.2d 767. [1] CRIMINAL LAW — HABITUAL CRIMINALS — JUDGMENT AND SENTENCE. A judgment of guilty of the crime of habitual […]

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ELDER v. MASSACHUSETTS MTG. CO., 159 Wn. 450 (1930)

293 P. 711 CLINTON ELDER et al., Respondents, v. MASSACHUSETTS MORTGAGE COMPANY et al., Appellants. No. 22528. En Banc.The Supreme Court of Washington. December 4, 1930. [1] CHATTEL MORTGAGES (70) — FORECLOSURE — ACTIONS — PARTIES. The transfer of a summary chattel mortgage foreclosure to the superior court under Rem. Comp. Stat., § 1110, upon […]

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TAHOMA FINANCE CO. v. SHANNON, 138 Wn. 90 (1926)

244 P. 271 TAHOMA FINANCE COMPANY, Respondent, v. L.F. SHANNON et al., Defendants, SEATTLE MERCHANTS’ ASSOCIATION, Appellant. No. 19755. Department One.The Supreme Court of Washington. March 18, 1926. [1] CHATTEL MORTGAGES (49) — VALIDITY — STOCK IN TRADE — SALES AND PROCEEDS — RIGHTS OF CREDITORS. A chattel mortgage upon a shifting stock of merchandise […]

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STATE v. HICKS, 102 Wn.2d 182 (1984)

683 P.2d 186 THE STATE OF WASHINGTON, Respondent, v. BOBBY LEE HICKS, Petitioner. No. 50211-1.The Supreme Court of Washington. En Banc. June 28, 1984. [1] Robbery — Elements — Intent. An intent to steal is an element of the crime of robbery. [2] Robbery — Claim of Right — Applicability. The defense of good faith […]

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NICHOLS v. OLYMPIA VENEER CO., 145 Wn. 59 (1927)

258 P. 1028 MATIE E. NICHOLS, Respondent, v. OLYMPIA VENEER COMPANY, INCORPORATED, Appellant. No. 20628. Department One.The Supreme Court of Washington. August 25, 1927. [1] JUDGMENT (215-1) — SET-OFF AND COUNTERCLAIM (9) — BAR — SUBJECT-MATTER — SUBSISTING CAUSE OF ACTION. A counterclaim cannot be interposed for the amounts paid by defendant to plaintiff upon […]

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WHITAKER v. G.B. S. MILL, INC., 21 Wn.2d 625 (1944)

152 P.2d 719 H.W. WHITAKER et al., Respondents, v. G.B. S. MILL, INC., Appellant.[1] No. 29412.The Supreme Court of Washington. Department Two. October 26, 1944. [1] Reported in 152 P.2d 719. [1] TRIAL — VERDICT — SPECIAL INTERROGATORIES — DISCRETION OF COURT. The matter of submitting special interrogatories to a jury rests entirely within the […]

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BOEING v. DEPARTMENT OF LICENSING, 103 Wn.2d 581 (1985)

693 P.2d 104 THE BOEING COMPANY, Respondent, v. THE DEPARTMENT OF LICENSING, Appellant. No. 50820-8.The Supreme Court of Washington. En Banc. January 11, 1985. [1] Taxation — Aviation — Fuel Excise Tax — Exemptions — Distributor License — Necessity. A distributor of aircraft fuel as defined by RCW 82.42.010(7) need not be licensed in order […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 106 Wn.2d 1013 (1986)

The Supreme Court of Washington. Tallman, et al, Respondents, v. Durussel, Petitioner, No. 52912-4. Petition for review of a decision of the Court of Appeals, June 23, 1986, 44 Wn. App. 181. Denied September 2, 1986. In re Marriage of Clarfeld, No. 52915-9. Petition for review of a decision of the Court of Appeals, June […]

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STATE v. BOWEN, 154 Wn. 23 (1929)

280 P. 490 THE STATE OF WASHINGTON, Respondent, v. FRANK BOWEN, Appellant. No. 21281. En Banc.The Supreme Court of Washington. September 18, 1929. [1] INTOXICATING LIQUORS (29) — BOOTLEGGING AND TRANSPORTATION — EVIDENCE — PRESUMPTION. In a prosecution for bootlegging, the statutory presumption, from possession of intoxicating liquor, that it was for the purpose of […]

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WESTERN LOAN BUILDING CO. v. MIFFLIN, 162 Wn. 33 (1931)

297 P. 743 WESTERN LOAN BUILDING COMPANY, Appellant, v. GORDON MIFFLIN, Respondent. No. 22937. Department One.The Supreme Court of Washington. April 9, 1931. [1] MORTGAGES (1, 78) — NATURE OF CONVEYANCES — RIGHTS OF MORTGAGEE — RENTS AND PROFITS. A receiver of mortgaged realty pending foreclosure, can not apply rents and income on the mortgage […]

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SHIELS v. PURFEERST, 39 Wn.2d 252 (1951)

235 P.2d 161 HENRY SHIELS, Respondent, v. GEO. W. PURFEERST et al., Appellants.[1] No. 31472.The Supreme Court of Washington. En Banc. August 24, 1951. [1] Reported in 235 P.2d 161. [1] AUTOMOBILES — LIABILITY FOR INJURIES TO PEDESTRIANS — CONTRIBUTORY NEGLIGENCE — VIOLATION OF STATUTE — FAILURE TO YIELD RIGHT OF WAY. A pedestrian who […]

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LUNDEEN v. DEP’T OF L. INDUS., 78 Wn.2d 66 (1970)

469 P.2d 886 MARGARET I. LUNDEEN, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES et al., Appellants.[*] No. 40518.The Supreme Court of Washington. En Banc. May 20, 1970. [*] Reported in 469 P.2d 886. [1] Workmen’s Compensation — Claim Against Third Party — Recovery — Military Claims Act. An industrial insurance claimant’s recovery under the […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 111 Wn.2d 1023 (1988)

The Supreme Court of Washington. In re Colnar, No. 55442-1. Petition for review of a decision of the Court of Appeals, July 12, 1988, 52 Wn. App. 37. Denied November 1, 1988. Fox, et al, Respondents, v. Smith, et al, Petitioners, Kluge, et al, Respondents, Ross, et al, Appellants, No. 55479-0. Petition for review of […]

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HALL v. ARMSTRONG CORK, 103 Wn.2d 258 (1984)

692 P.2d 787 MARVIN D. HALL, ET AL, Appellants, v. ARMSTRONG CORK, INC., ET AL, Defendants, PITTSBURGH CORNING CORPORATION, Respondent. No. 50757-1.The Supreme Court of Washington. En Banc. December 20, 1984. [1] Corporations — Successor Liability — Products Liability — Strict Liability — Sale of Product Line — Destruction of Remedies. A corporate purchaser of […]

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METROPOLITAN PARK DIST. v. STATE, 85 Wn.2d 821 (1975)

539 P.2d 854 METROPOLITAN PARK DISTRICT OF TACOMA, Respondent, v. THE STATE OF WASHINGTON et al, Appellants. No. 43481.The Supreme Court of Washington. En Banc. September 18, 1975. [1] States — Estoppel — Ultra Vires Act — What Constitutes. State action which is authorized by statute is not ultra vires and the State may be […]

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IN RE HEIN v. SMITH, 35 Wn.2d 688 (1950)

215 P.2d 403 In the Matter of the Application of CATHERINE HEIN, Appellant, v. TOM SMITH, as Superintendent of the State Penitentiary, Respondent.[1] No. 31139.The Supreme Court of Washington. Department One. February 16, 1950. [1] Reported in 215 P.2d 403. [1] HABEAS CORPUS — PROCEEDINGS — EVIDENCE — PERJURY AT FORMER TRIAL. In a habeas […]

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IN RE ESTATE OF AYERS, 162 Wn.2d 1016 (2008)

178 P.3d 1032 In re Estate of Ayers. No. 80023-5.The Supreme Court of Washington. February 5, 2008. Petition for review of a decision of the Court of Appeals, No. 57727-1-I, March 5, 2007, 137 Wn. App. 1029. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.

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IN RE ST. PAUL TACOMA LUMBER CO., 7 Wn.2d 580 (1941)

110 P.2d 877 In the Matter of the Eligibility of the Persons Employed at the ST. PAUL AND TACOMA LUMBER COMPANY.[1] No. 28146.The Supreme Court of Washington. En Banc. February 25, 1941. [1] Reported in 110 P.2d 877. [1] MASTER AND SERVANT — UNEMPLOYMENT COMPENSATION — LABOR DISPUTES — ELEMENTS. There is a labor dispute […]

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FARRELL v. NEILSON, 43 Wn.2d 647 (1953)

263 P.2d 264 ROBERT G. FARRELL et al., Appellants, v. ROSS NEILSON, as Treasurer of Pacific County, et al., Respondents.[1] No. 32495.The Supreme Court of Washington. Department One. November 10, 1953. [1] Reported in 263 P.2d 264. [1] APPEAL AND ERROR — REVIEW — FINDINGS. Unless it can be shown that the evidence preponderates against […]

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ANDERSON v. IVARSSON, 77 Wn.2d 391 (1969)

462 P.2d 914 HENRY N. ANDERSON, Appellant, v. KARL R. IVARSSON et al., Respondents.[*] No. 40248.The Supreme Court of Washington. En Banc. December 18, 1969. [*] Reported in 462 P.2d 914. [1] Process — Nonresidents — Attendance at Court — Immunity. While, in general, a nonresident temporarily in this state to attend the trial of […]

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CARLSON v. WOLSKI, 20 Wn.2d 323 (1944)

147 P.2d 291 ANTONE S. CARLSON et al., Respondents, v. ED WOLSKI et al., Appellants, DAVID E. PUGH, Defendant.[1] No. 29232.The Supreme Court of Washington. Department One. March 23, 1944. [1] Reported in 147 P.2d 291. [1] AUTOMOBILES — LIABILITY FOR INJURIES — PERSONS LIABLE — OWNER OF VEHICLE — PRESUMPTIONS. In a tort action, […]

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WEBSTAD v. STORTINI, 131 Wn.2d 1016 (1997)

Webstad, Petitioner, v. Stortini, Respondent. No. 64851-4.The Supreme Court of Washington. April 2, 1997. Petition for review of a decision of the Court of Appeals, October 21, 1996, 83 Wn. App. 857. Denied April 2, 1997.

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STATE EX REL. MASLAN v. PIERCE, 175 Wn. 676 (1933)

28 P.2d 109 THE STATE OF WASHINGTON, on the Relation of Ben A. Maslan, as Deputy Prosecuting Attorney for King County, Respondent, v. CLARENCE W. PIERCE, as Justice of the Peace, Appellant. No. 24729. Department One.The Supreme Court of Washington. December 22, 1933. [1] PROHIBITION (20) — GROUNDS FOR GRANTING — WANT OF JURISDICTION. Prohibition […]

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STATE v. BUTLER, 168 Wn.2d 1040 (2010)

State, Respondent, v. Butler, Petitioner. No. 84134-9.The Supreme Court of Washington. June 2, 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. 27404-7-III, October 29, 2009, 152 Wn. App. 1054. Denied. Page 1041

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STATE v. BEARD, 74 Wn.2d 335 (1968)

444 P.2d 651 THE STATE OF WASHINGTON, Respondent, v. EUGENE BEARD et al., Appellants.[*] Nos. 39385, 39434, 39386.The Supreme Court of Washington. Department Two. August 22, 1968. [*] Reported in 444 P.2d 651. [1] Criminal Law — Discovery — Statements of Witnesses — Discretion of Court. A criminal defendant is not entitled as a matter […]

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STATE v. SILVERS, 70 Wn.2d 430 (1967)

423 P.2d 539 THE STATE OF WASHINGTON, Respondent, v. JAMES T. SILVERS, Appellant.[*] No. 38908.The Supreme Court of Washington. Department One. February 2, 1967. [*] Reported in 423 P.2d 539. [1] Criminal Law — Evidence — Failure to Challenge Admissibility — Effect. Failure to challenge the admissibility of proffered evidence constitutes a waiver of any […]

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DeLONGE v. RICHFIELD OIL CORP., 35 Wn.2d 803 (1950)

215 P.2d 701 ROBERT J. DELONGE, Appellant, v. RICHFIELD OIL CORPORATION, Respondent.[1] No. 31116.The Supreme Court of Washington. Department Two. March 3, 1950. [1] Reported in 215 P.2d 701. [1] APPEAL AND ERROR — BRIEFS — SETTING OUT INSTRUCTIONS — NECESSITY. An assignment of error that an instruction is erroneous cannot be considered where the […]

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STANDLEE v. SMITH, 83 Wn.2d 405 (1974)

518 P.2d 721 In the Matter of the Application for a Writ of Habeas Corpus of DARYL STANDLEE, Petitioner, v. SIDNEY E. SMITH, Respondent. No. 42729.The Supreme Court of Washington. En Banc. January 31, 1974. [1] Judgment — Res Judicata — Collateral Estoppel — Nature — In General. The doctrine of collateral estoppel, part of […]

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