173 P.2d 130 O.C. MOORE, Appellant, v. EUGENE KEESEY, Respondent.[1] No. 29747.The Supreme Court of Washington. En Banc. September 23, 1946. [1] Reported in 173 P.2d 130. [1] ATTORNEY AND CLIENT — ACTIONS FOR COMPENSATION — QUESTIONS FOR JURY. In an action for attorney’s fees, held that the evidence presented a question of fact for […]
Category: Washington Supreme Court Opinions
MILLER v. CASCADE CANNING CO., 186 Wn. 118 (1936)
56 P.2d 1305 GEORGE F. MILLER, Respondent, v. CASCADE CANNING COMPANY et al., Defendants, WASHINGTON DEHYDRATED FOOD COMPANY, Appellant. No. 26025. Department Two.The Supreme Court of Washington. April 21, 1936. [1] GARNISHMENT (34) — LIABILITY OF GARNISHEE — PAYMENT TO DEFENDANT AFTER GARNISHMENT — WAIVER OF RIGHT TO BALANCE ACCOUNTS. A writ of garnishment impounds […]
BEST v. STATE, 153 Wn. 168 (1929)
279 P. 388 WILLIAM E. BEST, Respondent, v. THE STATE OF WASHINGTON, Appellant. No. 21605. Department Two.The Supreme Court of Washington. July 25, 1929. [1] NAVIGABLE WATERS (1) — LAKES — NAVIGABILITY. Findings that a small lake “on a hill” is non-navigable are sustained by evidence that the lake was less than a mile long […]
BIXLER v. BOWMAN, 94 Wn.2d 146 (1980)
614 P.2d 1290 CLIFTON BIXLER, ET AL, Respondents, v. HOWARD R. BOWMAN, ET AL, Petitioners. No. 46813.The Supreme Court of Washington. En Banc. August 7, 1980. [1] Statutes — Construction — Legislative Intent — Prior Acts and Constructions. The legislature is presumed to be familiar with judicial interpretations of its prior acts. [2] Physicians and […]
COOPER v. RUNNELS, 48 Wn.2d 108 (1955)
291 P.2d 657 F.M. COOPER, Appellant, v. L.J. RUNNELS et al., Respondents.[1] No. 33338.The Supreme Court of Washington. Department Two. December 22, 1955. [1] Reported in 291 P.2d 657. [1] ASSIGNMENTS — RIGHTS ASSIGNABLE — CAUSES OF ACTION — DAMAGE TO PROPERTY. A tort claim for damage to property is assignable. [2] SAME — RIGHTS […]
NORTH PACIFIC SEA PROD. CO. v. NIEDER, 137 Wn. 85 (1925)
241 P. 682 NORTH PACIFIC SEA PRODUCTS COMPANY, Respondent, v. NIEDER et al., Appellants. No. 19434. Department Two.The Supreme Court of Washington. December 22, 1925. [1] ADMIRALTY (1) — JURISDICTION IN GENERAL — SUITS IN PERSONAM. An action for breach of contract for the removal of a vessel, being in personam, is not within the […]
CHOATE v. ROBERTSON, 31 Wn.2d 118 (1948)
195 P.2d 630 CHARLES CHOATE et al., Appellants, v. LE ROY J. ROBERTSON et al., Respondents.[1] No. 30504.The Supreme Court of Washington. Department One. July 2, 1948. [1] Reported in 195 P.2d 630. [1] AUTOMOBILES — LIABILITY FOR INJURIES — NATURE AND GROUNDS OF LIABILITY — NEGLIGENCE — SKIDDING — PRESUMPTIONS AND BURDEN OF PROOF. […]
GLASPEY v. DROLET, 6 Wn.2d 610 (1940)
108 P.2d 375 FRANK GLASPEY et al., Appellants, v. JOS. O. DROLET et al., Defendants, NATIONAL SURETY CORPORATION, Respondent.[1] No. 28059.The Supreme Court of Washington. Department One. December 16, 1940. [1] Reported in 108 P.2d 375. [1] OFFICERS — PRINCIPAL AND SURETY — LIABILITY ON BOND — SCOPE AND EXTENT OF LIABILITY — INTENTION OF […]
SULLIVAN v. LEWIS, 170 Wn. 413 (1932)
16 P.2d 834 P.E. SULLIVAN, Appellant, v. A.E. LEWIS, Respondent. No. 23841. Department One.The Supreme Court of Washington. December 6, 1932. [1] CHATTEL MORTGAGES (1, 18) — DISTINGUISHED FROM SALE — EXECUTION — AFFIDAVIT OF GOOD FAITH. A bill of sale, absolute on its face, but intended as a security, is a chattel mortgage, and […]
RICHERT v. HANDLY, 50 Wn.2d 356 (1957)
311 P.2d 417 THEODORE RICHERT, Appellant, v. C.C. HANDLY et al., Respondents.[1] No. 34065.The Supreme Court of Washington. Department Two. May 23, 1957. [1] Reported in 311 P.2d 417. [1] APPEAL AND ERROR — ASSIGNMENT OF ERRORS — ERRORS NOT ASSIGNED IN BRIEF — FINDINGS. Under Rule on Appeal 43, where no error was assigned […]
STATE v. ECKERT, 173 Wn. 93 (1933)
21 P.2d 1035 THE STATE OF WASHINGTON, Respondent, v. MARY ECKERT, Appellant. No. 24264. Department One.The Supreme Court of Washington. May 12, 1933. [1] INTOXICATING LIQUORS (42) — PROSECUTIONS — MANUFACTURE — INFORMATION — SUFFICIENCY. A complaint for manufacturing intoxicating liquor with “intent to sell and dispose of the same” states but one offense, unlawful […]
KAUSKY v. KOSTEN, 27 Wn.2d 721 (1947)
179 P.2d 950 JAMES KAUSKY, Appellant, v. GRACE KOSTEN, Respondent.[1] No. 30112.The Supreme Court of Washington. Department One. April 24, 1947. [1] Reported in 179 P.2d 950. [1] TRUSTS — CREATION AND EXISTENCE — EVIDENCE TO ESTABLISH — PAROL EVIDENCE. Constructive or resulting trusts may be established by evidence of oral agreements, but express trusts […]
WRIGHT v. MERRITT REALTY CO., 148 Wn. 380 (1928)
268 P. 873 ROSE A. WRIGHT, Appellant, v. MERRITT REALTY COMPANY, INCORPORATED, et al., Respondents. No. 21045. Department Two.The Supreme Court of Washington. July 10, 1928. [1] PRINCIPAL AND AGENT (46, 48) — AGENT’S CONTRACTS — LIABILITY OF AGENT. Where earnest money is paid to the agent of a disclosed principal, and retained after the […]
FINCHAM v. PINKHAM CO., 133 Wn. 517 (1925)
233 P. 913 E.L. FINCHAM, Appellant, v. A.U. PINKHAM COMPANY, Respondent. No. 18996. Department One.The Supreme Court of Washington. March 19, 1925. ACCOUNT (10) — RIGHT TO ACCOUNTING — NATURE AND SCOPE OF REMEDY — INSPECTION OF RECORDS — DENIAL OF RIGHT. Where an accounting is demanded and the right thereto is denied; the court […]
RIDDELL v. CASCADE PAPER CO., 56 Wn.2d 663 (1960)
355 P.2d 3 CHARLES F. RIDDELL et al., Respondents, v. CASCADE PAPER COMPANY, INC., Appellant.[1] No. 35330.The Supreme Court of Washington. Department One. September 1, 1960. [1] Reported in 355 P.2d 3. [1] CORPORATIONS — MINORITY STOCKHOLDERS — ACTIONS AGAINST CORPORATE OFFICES — REIMBURSEMENT FOR ATTORNEY’S FEES — BENEFIT TO CORPORATION — NECESSITY. When a […]
SNOWDEN v. SCHOOL DIST. NO. 401, 38 Wn.2d 691 (1951)
231 P.2d 621 DONALD SNOWDEN, by Richard A. Snowden, as Guardian ad Litem, Respondent, v. KITTITAS COUNTY SCHOOL DISTRICT NO. 401, Appellant.[1] No. 31413.The Supreme Court of Washington. En Banc. May 18, 1951. [1] Reported in 231 P.2d 621. [1] MUNICIPAL CORPORATIONS — TORTS — IMMUNITY — COMMON-LAW RULE. Under the general common-law rule, a […]
DICKERSON v. ST. PETER HOSP., 72 Wn.2d 196 (1967)
432 P.2d 293 LAWRENCE MYRON DICKERSON, Respondent, v. ST. PETER’S HOSPITAL, Appellant.[*] No. 38718.The Supreme Court of Washington. En Banc. October 13, 1967. [*] Reported in 432 P.2d 293. [1] Negligence — Res Ipsa Loquitur — Theory and Proof. A negligence action wherein the plaintiff is unable to produce direct evidence of a negligent act […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 105 Wn.2d 1010 (1985)
The Supreme Court of Washington. Eastwood, et al, Respondents, v. Cascade Broadcasting Co., et al, Petitioners, No. 52387-8. Petition for review of a decision of the Court of Appeals, November 5, 1985, 42 Wn. App. 88 Granted February 20, 1986. State, Respondent, v. Wood, Petitioner, No. 52392-4. Petition for review of a decision of the […]
RALPH v. WENATCHEE, 34 Wn.2d 638 (1949)
209 P.2d 270 E.R. RALPH, Appellant, v. THE CITY OF WENATCHEE, Respondent.[1] No. 30932.The Supreme Court of Washington. Department Two. August 26, 1949. [1] Reported in 209 P.2d 270. [1] CONSTITUTIONAL LAW — MUNICIPAL CORPORATIONS — ORDINANCES — VALIDITY — EQUAL PROTECTION OF LAWS. A city ordinance which requires license fees only of those photographers […]
DELYRIA v. WASH. SCH. FOR THE BLIND, 165 Wn.2d 559 (2009)
199 P.3d 980 CHERYL DELYRIA ET AL., Respondents, v. THE WASHINGTON STATE SCHOOL FOR THE BLIND, Petitioner. No. 80602-1.The Supreme Court of Washington.Argued September 23, 2008. Decided January 29, 2009. Page 560 Appeal from the Superior Court for Thurston County, No. 03-2-01018-6, Gary R. Tabor, J. Robert M. McKenna, Attorney General, W. Howard Fischer, Jr., […]
STATE v. BARFIELD, 151 Wn.2d 1034 (2004)
State, Respondent, v. Barfield, Petitioner. No. 74792-0.The Supreme Court of Washington. July 7, 2004. Petition for review of a decision of the Court of Appeals, No. 48147-9-I, September 15, 2003, 118 Wn. App. 1036. Denied July 7, 2004.
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 116 Wn.2d 1023 (1991)
The Supreme Court of Washington. 1991 [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Moran, Petitioner, v. Washington Fruit Produce, Respondent, No. 58027-8. Petition for review of a decision of the Court of Appeals, February 12, 1991, 60 Wn. App. 548. Granted May 8, 1991 and consolidated […]
MAEDER STEEL PRODUCTS CO. v. BREWSTER, 154 Wn. 120 (1929)
281 P. 14 MAEDER STEEL PRODUCTS COMPANY, Respondent, v. J.M. BREWSTER et al., Appellants. LONGVIEW CONCRETE PIPE COMPANY, Respondent, v. J.M. BREWSTER et al., Appellants. BROOKFIELD QUARRY TOWAGE COMPANY, Respondent, v. J.M. BREWSTER et al., Appellants. No. 21558. Department Two.The Supreme Court of Washington. October 9, 1929. [1] HIGHWAYS (33) — CONSTRUCTION — CONTRACTS — […]
CITY OF SEATTLE v. McCREADY, 131 Wn.2d 266 (1997)
931 P.2d 156 THE CITY OF SEATTLE, Respondent, v. JAMES P. McCREADY, ET AL., Appellants, SEATTLE MUNICIPAL COURT, ET AL., Respondents. No. 63275-8.The Supreme Court of Washington. En Banc.Argued September 24, 1996. Decided February 13, 1997. Page 267 MADSEN and SANDERS, JJ., did not participate in the disposition of this case. Page 268 Appeal from […]
HARRIS v. HYLEBOS INDUS., INC., 81 Wn.2d 770 (1973)
505 P.2d 457 CLAYTON H. HARRIS, Respondent, v. HYLEBOS INDUSTRIES, INC., Appellant. No. 42087.The Supreme Court of Washington. En Banc. January 11, 1973. [1] Navigable Waters — Upland Owners — Riparian Rights — Tidewater. The owner of property upland from navigable water which is subject to the ebb and flow of the tides has no […]
ARCHER v. ARCHER BLOWER PIPE CO., 32 Wn.2d 246 (1948)
201 P.2d 191 LENA DALPE ARCHER, Individually and as Executrix, Respondent, v. ARCHER BLOWER PIPE COMPANY, Appellant.[1] No. 30655.The Supreme Court of Washington. Department Two. December 30, 1948. [1] Reported in 201 P.2d 191. [1] LANDLORD AND TENANT — ACTIONS FOR UNLAWFUL DETAINER — EVIDENCE — SUFFICIENCY. In an action for unlawful detainer, the evidence […]
IN RE ALLEN v. CRANOR, 45 Wn.2d 25 (1954)
272 P.2d 153 In the Matter of the Application for a Writ of Habeas Corpus of NELSON IRVING ALLEN, Respondent, v. JOHN R. CRANOR, as Superintendent of the State Penitentiary, Appellant.[1] No. 32784.The Supreme Court of Washington. Department Two. July 2, 1954. [1] Reported in 272 P.2d 153. [1] PARDON — AUTHORITY OF BOARD OF […]
YORK v. STONE, 178 Wn. 280 (1934)
34 P.2d 911 E.R. YORK et al., Respondents, v. INEZ STONE, Appellant. No. 25218. Department One.The Supreme Court of Washington. July 23, 1934. [1] DEEDS (9) — REQUISITES AND VALIDITY — FORM AND CONTENTS — DESIGNATION AND DESCRIPTION OF PARTIES. A deed to the “trust committee” of an American Legion Post is not void for […]
YAKIMA SHOE CO. v. SUMMERS, 147 Wn. 661 (1928)
267 P. 47 YAKIMA SHOE COMPANY, Appellant, v. SARAH SUMMERS, Executrix, et al., Respondents. No. 20861. Department One.The Supreme Court of Washington. May 10, 1928. [1] CORPORATIONS (135) — EVIDENCE (101) — MISAPPROPRIATION OF CORPORATE ASSETS — DECLARATIONS AGAINST INTEREST BY PERSON SINCE DECEASED. The liability of the estate of an officer and manager of […]
IN RE KENNEDY, 21 Wn.2d 921 (1944)
151 P.2d 614 In the Matter of the Disbarment of DAVID D. KENNEDY, an Attorney at Law.[1] No. C.D. 1088.The Supreme Court of Washington. En Banc. September 18, 1944. [1] Reported in 151 P.2d 614. Proceedings filed in the supreme court March 16, 1944, for the disbarment of an attorney, upon findings of the board […]
CHAPMAN v. MILLIKEN, 136 Wn. 74 (1925)
239 P. 4 GEORGE J. CHAPMAN et al., Respondents, v. L.D. MILLIKEN et al., Appellants. No. 19351. Department Two.The Supreme Court of Washington. September 2, 1925. SPECIFIC PERFORMANCE (28) — CONTRACTS ENFORCIBLE — PERFORMANCE BY PLAINTIFF. A tender of performance of a contract for the exchange of lands is not insufficient to sustain an action […]
STATE v. PENDER, 169 Wn.2d 1004 (2010)
State, Respondent, v. Pender, Petitioner. No. 84314-7.The Supreme Court of Washington. July 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. 38012-9-II, December 8, 2009, 153 Wn. App. 1025. Denied.
JAZBEC v. DOBBS, 55 Wn.2d 373 (1960)
347 P.2d 1054 ROBERT F. JAZBEC et al., Appellants, v. SETH M. DOBBS et al., Respondents.[1] No. 34998.The Supreme Court of Washington. Department One. January 7, 1960. [1] Reported in 347 P.2d 1054. [1] NEW TRIAL — NATURE AND SCOPE OF REMEDY — DISCRETION OF COURT. There is no element of discretion involved when a […]
EDWARDS v. LEDUC, 170 Wn.2d 1024 (2011)
249 P.3d 623 Edwards et al., v. LeDuc et al., Respondents. No. 84978-1.The Supreme Court of Washington. January 31, 2011. Petition for review of a decision of the Court of Appeals, No. 38699-2-II, July 7, 2010, 157 Wn. App. 455. Denied.
STATE v. CROW, 153 Wn.2d 1031 (2005)
State, Respondent, v. Crow, Petitioner. No. 75885-9.The Supreme Court of Washington. March 29, 2005. Petition for review of a decision of the Court of Appeals, No. 30959-9-II, August 3, 2004. Denied.
WESTERN PROPERTIES v. BARKSDALE, 65 Wn.2d 612 (1965)
399 P.2d 16 WESTERN PROPERTIES, INC., et al., Appellants, v. FRANKLIN BARKSDALE et al., Respondents.[*] No. 37203.The Supreme Court of Washington. Department One. February 4, 1965. [*] Reported in 399 P.2d 16. [1] Corporations — Officers — Fiduciary Duty. A finding that a corporation president did not breach his fiduciary obligation to the corporation by […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 128 Wn.2d 1016 (1995)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. State, Petitioner, v. Garcia-Garces, Respondent, No. 63424-6. Petition for review of a decision of the Court of Appeals, No. 13181-5-III, August 31, 1995. Denied February 13, 1996. State, Respondent, v. Holmes, Petitioner, No. 63478-5. […]
STATE v. SHIMOAKA, 141 Wn. 337 (1926)
251 P. 290 THE STATE OF WASHINGTON, Respondent, v. Y. SHIMOAKA, Appellant. No. 20200. Department One.The Supreme Court of Washington. December 20, 1926. [1] CRIMINAL LAW (450) — APPEAL — HARMLESS ERROR — EXAMINATION OF WITNESSES. Error, if any, in allowing undue and persistent cross-examination of the accused to affect his credibility is not prejudicial […]
CASCADE LUMBER CO. v. HARGIS, 167 Wn. 409 (1932)
9 P.2d 366 CASCADE LUMBER COMPANY, Appellant, v. PAULINE E. HARGIS, Respondent. No. 23597. Department Two.The Supreme Court of Washington. March 28, 1932. [1] JUDGMENT (215) — CONCLUSIVENESS — MATTERS WHICH MIGHT HAVE BEEN LITIGATED — RES JUDICATA. A judgment dismissing an action to foreclose a materialman’s lien against community property of the defendants is […]
SMITH v. LAUGHLIN, 51 Wn.2d 740 (1958)
321 P.2d 907 ALEXANDER SMITH, Appellant, v. EUGENE D. LAUGHLIN et al., Respondents.[1] No. 34346.The Supreme Court of Washington. Department Two. February 20, 1958. [1] Reported in 321 P.2d 907. [1] AUTOMOBILES — LIABILITY FOR INJURIES — ACCIDENTS AT INTERSECTIONS — DUTY OF DISFAVORED DRIVER. Where a driver approaching an intersection looks to his right […]
COLLINS v. COLLINS, 151 Wn. 201 (1929)
275 P. 571 EDWARD A. COLLINS et al., Appellants, v. ALBERT T. COLLINS, et al., Respondents. No. 21662. Department One.The Supreme Court of Washington. March 14, 1929. [1] EVIDENCE (24) — PRESUMPTIONS — MAILING AND DELIVERY OF MAIL MATTER — LETTERS. The presumption of receipt of a letter from proof of its deposit in the […]
SPANGLER v. GLOVER, 50 Wn.2d 473 (1957)
313 P.2d 354 BERT SPANGLER, Respondent, v. RAY GLOVER et al., Appellants. HARRY BALSLEY, Respondent, v. RAY GLOVER et al., Appellants.[1] No. 33779.The Supreme Court of Washington. En Banc. June 27, 1957. [1] Reported in 313 P.2d 354. [1] LIBEL AND SLANDER — ACTIONABLE WORDS — LIBEL PER SE. Every publication by writing which tends […]
SMITH v. SEATTLE, 192 Wn. 64 (1937)
72 P.2d 588 A. CLAIRE SMITH, Respondent, v. THE CITY OF SEATTLE et al., Appellants. No. 26460. Department Two.The Supreme Court of Washington. October 21, 1937. [1] MUNICIPAL CORPORATIONS — CONTRACTS — PROPOSAL FOR BIDS — SPECIFICATIONS FOR MATERIAL AND WORK — PATENTED ARTICLES. The weight of authority and the more persuasive reasons support the […]
STATE v. NEELY, 152 Wn.2d 1032 (2004)
State, Respondent, v. Neely, Petitioner. State, Respondent, v. Hernandez, Defendant. No. 75437-3.The Supreme Court of Washington. November 30, 2004. Petition for review of a decision of the Court of Appeals, Nos. 28573-8-II and 28582-7-II, April 20, 2004, 121 Wn. App. 1012. Denied.
BENEDICT v. DEPT. LABOR IND., 63 Wn.2d 12 (1963)
385 P.2d 380 HAZEL M. BENEDICT, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES et al., Appellants.[*] No. 36547.The Supreme Court of Washington. Department One. October 3, 1963. [*] Reported in 385 P.2d 380. [1] Workmen’s Compensation — Proceedings — Review — Scope. Inasmuch as an appeal to the Supreme Court is no different in […]
STATE v. YATES, 161 Wn.2d 714 (2007)
168 P.3d 359 THE STATE OF WASHINGTON, Respondent, v. ROBERT LEE YATES, JR., Appellant. No. 73155-1.The Supreme Court of Washington.Argued November 30, 2006. Decided September 27, 2007. Page 715 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 716 [EDITORS’ NOTE: THIS PAGE […]
BOWSER v. SEATTLE, 186 Wn. 550 (1936)
59 P.2d 294 VIRGIL BOWSER et al., Respondents, v. THE CITY OF SEATTLE, Appellant. No. 26090. Department Two.The Supreme Court of Washington. July 6, 1936. [1] NEW TRIAL (26) — POWER AND DUTY OF COURT. If the trial judge after full consideration is still satisfied that the verdict is against the weight of the evidence […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 138 Wn.2d 1013 (1999)
The Supreme Court of Washington. 1999. State, Respondent, v. Stolz, Petitioner, No. 67911-8. Petition for review of a decision of the Court of Appeals, March 12, 1999, 94 Wn. App. 1038. Denied August 31, 1999. Flanigan, et al., Petitioners, v. McCrae, et al., Respondents, No. 67913-4. Petition for review of a decision of the Court […]
PUB. UT. DIST. NO. 2 v. N. AM. FOREIGN TR. ZONE IND., 154 Wn.2d 1021 (2005)
Pub. Util. Dist. No. 2, Respondent, v. N. Am. Foreign Trade Zone Indus., L.L.C., Petitioner. No. 76755-6.The Supreme Court of Washington. July 12, 2005. Petition for review of a decision of the Court of Appeals, No. 22894-1-III, February 3, 2005, 125 Wn. App. 622. Granted.
DISPOSITIONS OF PETITIONS FOR REVIEW, 100 Wn.2d 1027 (1983)
The Supreme Court of Washington. State, Respondent, v. Foren, Petitioner, No. 49947-1. Petition for review of a decision of the Court of Appeals, September 12, 1983, 35 Wn. App. 1053. Denied November 18, 1983. Beal, Petitioner, v. Department of Social Health Servs., Respondent, No. 49958-6. Petition for review of a decision of the Court of […]
TRANSALTA CENTRALIA GEN. v. SICKLESTEEL CRANES, 161 Wn.2d 1013 (2007)
166 P.3d 1218 Transalta Centralia Generation, LLC, et al., Respondents, v. Sicklesteel Cranes, Inc., et al., Petitioners. No. 79596-7.The Supreme Court of Washington. September 6, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, Nos. 33210-8-II and 33520-4-II, August 29, […]
STATE v. GREENE, 139 Wn.2d 64 (1999)
984 P.2d 1024 STATE Of Washington, Petitioner, v. William B. GREENE, Respondent. No. 67250-4.The Supreme Court of Washington. En Banc.Argued May 27, 1999. Decided September 30, 1999. Page 65 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 66 James H. Krider, Prosecuting […]
IN RE McHUGH’S ESTATE, 165 Wn. 123 (1931)
4 P.2d 834 In the Matter of the Estate of J.A. McHUGH, Deceased. BARBARA McHUGH, individually and as executrix of the estate of J.A. McHugh, deceased, Appellant, v. H.W. DOUGLASS, as Receiver, Respondent. No. 23340. Department Two.The Supreme Court of Washington. November 6, 1931. [1] HUSBAND AND WIFE (96) — COMMUNITY PROPERTY — DISSOLUTION OF […]
STATE v. PARRA, 122 Wn.2d 590 (1993)
859 P.2d 1231 THE STATE OF WASHINGTON, Petitioner, v. FREDERICK PARRA, Respondent. No. 59909-2.The Supreme Court of Washington. En Banc. October 21, 1993. [1] Judges — Disqualification — Affidavit of Prejudice — Timeliness — Proximity to Trial. Absent a waiver or the presence of extraordinary circumstances, an affidavit of prejudice is timely under RCW 4.12.050, […]
STATE v. DAVIS, 168 Wn.2d 1033 (2010)
State, Respondent, v. Davis, Petitioner. No. 84014-8.The Supreme Court of Washington. April 28, 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. 62819-4-I, November 30, 2009, 153 Wn. App. 1020. Denied.
NEW MODEL ETC. v. EMPLOYMENT S.D., 35 Wn.2d 598 (1950)
214 P.2d 209 NEW MODEL LAUNDRY, INC., Appellant, v. THE EMPLOYMENT SECURITY DEPARTMENT, Respondent.[1] No. 31028.The Supreme Court of Washington. Department One. February 2, 1950. [1] Reported in 214 P.2d 209. [1] UNEMPLOYMENT COMPENSATION — EXPERIENCE CREDIT RATING — EFFECT OF LEASE. The lessee of the operating assets of a business does not “acquire” the […]
DRAKE v. SMITH, 54 Wn.2d 57 (1959)
337 P.2d 1059 RAYMOND F. DRAKE et al., Respondents, v. J.D. SMITH et al., Appellants.[1] No. 34653.The Supreme Court of Washington. Department Two. April 16, 1959. [1] Reported in 337 P.2d 1059. [1] APPEAL AND ERROR — REVIEW — FINDINGS. The Supreme Court will not disturb a finding of the trial court, where it is […]
ARMSTRONG v. SEATTLE, 180 Wn. 39 (1934)
38 P.2d 377 MARY A. ARMSTRONG, Respondent, v. THE CITY OF SEATTLE, Appellant. No. 25134. Department Two.The Supreme Court of Washington. December 17, 1934. [1] MUNICIPAL CORPORATIONS (565) — CLAIMS AGAINST CORPORATION — NATURE OF CLAIMS REQUIRED TO BE PRESENTED — COMPENSATION FOR PROPERTY TAKEN OR DAMAGED. Claims involving continuing damages sounding in tort required […]
JOHNSON v. CASH STORE, 150 Wn.2d 1020 (2003)
Johnson, Respondent, v. The Cash Store, Petitioner. No. 74006-2.The Supreme Court of Washington. En Banc. December 2, 2003. Petition for review of a decision of the Court of Appeals, No. 21435-4-III, May 8, 2003, 116 Wn. App. 833. Denied.
STATE v. ROGERS, 83 Wn.2d 553 (1974)
520 P.2d 159 THE STATE OF WASHINGTON, Respondent, v. CHARLES BYRON ROGERS, Petitioner. No. 42758.The Supreme Court of Washington. En Banc. March 21, 1974. [1] Criminal Law — Evidence — Presumptions — Unlicensed Pistol. The presumption created by RCW 9.41.030, that a person armed with an unlicensed pistol intended to commit a charged crime of […]
STATE v. DONAGLIA, 129 Wn.2d 1010 (1996)
917 P.2d 130 State, Respondent, v. Donaglia, Petitioner. No. 63693-1.The Supreme Court of Washington. May 8, 1996. Petition for review of a decision of the Court of Appeals, December 11, 1995, 79 Wn. App. 1067. Denied May 8, 1996.
DISPOSITIONS OF PETITIONS FOR REVIEW, 90 Wn.2d 1007 (1978)
The Supreme Court of Washington. Adams, et al, Petitioners, v. Skagit County, et al, Respondents, No. 45378. Petition for review of a decision of the Court of Appeals, July 18, 1977, 18 Wn. App. 146. Denied June 2, 1978. Fiorito, et al, Respondents, v. M.A. Segale, Inc., et al, Petitioners, No. 45381. Petition for review […]
STATE v. REEP, 161 Wn.2d 808 (2007)
167 P.3d 1156 THE STATE OF WASHINGTON, Respondent, v. DAVID GARRETT REEP, Appellant. No. 79969-5.The Supreme Court of Washington.Argued June 12, 2007. Decided September 27, 2007. Page 809 Robert J. Thompson and Lenell R. Nussbaum, for appellant. Steven M. Lowe, Prosecuting Attorney, and Frank W. Jenny II, Deputy, for respondent. SANDERS, J. ¶1 David Reep […]
PRENTISS v. MATHEWS, 147 Wn. 74 (1928)
264 P. 1008 H.B. PRENTISS, Respondent, v. J.M. MATHEWS, Appellant, CLARENCE L. COBB et al., Defendants. No. 20937. Department One.The Supreme Court of Washington. March 13, 1928. [1] PARTNERSHIP (9) — CREATION AS TO THIRD PERSONS — COMMUNITY OF INTEREST IN PROPERTY. A partnership is created by an agreement whereby one person agreed to furnish […]
JIGGENS v. BATTEN, 155 Wn.2d 1016 (2005)
124 P.3d 304 Jiggens, Individually and as Personal Representative, Petitioner, v. Batten et al., Respondents. No. 76832-3.The Supreme Court of Washington. November 1, 2005. Petition for review of a decision of the Court of Appeals, No. 53595-1-I, January 18, 2005, 125 Wn. App. 1011. Denied.
MACE v. DENNEY, 159 Wn.2d 1020 (2007)
Mace, Petitioner, v. Denney et al., Respondents. No. 78944-4.The Supreme Court of Washington. April 5, 2007. Petition for review of a decision of the Court of Appeals, No. 55736-0-1, June 5, 2006, 133 Wn. App. 1013. Denied.
ORKNEY v. VALLEY CEMENT CO., 43 Wn.2d 338 (1953)
261 P.2d 114 JAMES W. ORKNEY, Appellant, v. VALLEY CEMENT COMPANY et al., Respondents and Cross-appellants.[1] No. 32465.The Supreme Court of Washington. Department Two. September 22, 1953. [1] Reported in 261 P.2d 114. [1] APPEAL AND ERROR — PRESERVATION OF GROUNDS — MATTERS NOT PRESENTED TO LOWER COURT. A matter not presented to the trial […]
STATE v. RAMOS, 169 Wn.2d 1013 (2010)
State, Respondent, v. Sanchez Ramos, Petitioner. No. 84382-1.The Supreme Court of Washington. August 5, 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. 37827-2-II, March 2, 2010, 154 Wn. App. 1048. Denied.
GREISEN v. ROBBINS, 36 Wn.2d 64 (1950)
216 P.2d 210 GERARD A. GREISEN, Respondent, v. JAMES A. ROBBINS, SR., et al., Appellants.[1] No. 31170.The Supreme Court of Washington. Department Two. April 3, 1950. [1] Reported in 216 P.2d 210. [1] AUTOMOBILES — LIABILITY FOR INJURIES — PARKING UNLIGHTED VEHICLE ON HIGHWAY — NEGLIGENCE PER SE. A motorist who parked his car at […]
STATE v. KEYS, 161 Wn.2d 1015 (2007)
171 P.3d 1057 State, Respondent, v. Keys, Petitioner. No. 77223-1.The Supreme Court of Washington. October 2, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 53272-3-I, April 18, 2005, 126 Wn. App. 1061. Denied. Page 1016
STATE v. PERRY, 160 Wn.2d 1004 (2007)
158 P.3d 614 State, Respondent, v. Perry, Petitioner. No. 79028-1.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. 33097-1-II, July 11, 2006. Denied.
PARKS v. YAKIMA VALLEY PRODUCTION CR. ASS’N, 194 Wn. 380 (1938)
78 P.2d 162 MARVIN F. PARKS, as Executor, Respondent, v. YAKIMA VALLEY PRODUCTION CREDIT ASSOCIATION, Appellant. No. 26846. Department Two.The Supreme Court of Washington. April 14, 1938. [1] CHATTEL MORTGAGES — FORECLOSURE — EXERCISE OF POWER OF SALE — TAKING POSSESSION — EVIDENCE — WILLFUL ACTS. In an action against a mortgagee for the unauthorized […]
TRUCK INS. EXCH. v. ROHDE, 49 Wn.2d 465 (1956)
303 P.2d 659 TRUCK INSURANCE EXCHANGE, Appellant, v. ROY ROHDE et al., Respondents.[1] No. 33404.The Supreme Court of Washington. En Banc. November 8, 1956. [1] Reported in 303 P.2d 659. [1] INSURANCE — CONSTRUCTION OF POLICY — MEANING OF LANGUAGE. When words are not specifically defined in an insurance contract, the court must determine their […]
DESMOND v. SHOTWELL, 142 Wn. 187 (1927)
252 P. 692 TOM DESMOND as Sheriff et al., Appellants, v. ROY SHOTWELL et al., Respondents. No. 20255. Department Two.The Supreme Court of Washington. February 1, 1927. [1] HOMESTEAD (12) — PROPERTY CONSTITUTING — TITLE — PURCHASER UNDER EXECUTORY CONTRACT. A purchaser in possession of real property under an executory contract of sale may claim […]
STUDEBAKER v. BUCKINGHAM, 136 Wn. 346 (1925)
240 P. 4 CLARK STUDEBAKER, as Sheriff of Cowlitz County, Plaintiff and Respondent, v. C.E. BUCKINGHAM et al., Defendants, JAMES E. HOLBROOK et al., Defendants and Appellants. No. 19557. Department One.The Supreme Court of Washington. October 23, 1925. APPEAL (165, 167) — PARTIES — PARTIES APPEARING — CO-PARTIES AFFECTED BY JUDGMENT. Under Rem. Comp. Stat., […]
JEWELL v. UTILITIES TRANSPORTATION, 90 Wn.2d 775 (1978)
585 P.2d 1167 FRANK M. JEWELL, ET AL, Appellants, v. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION, ET AL, Respondents. No. 44800.The Supreme Court of Washington. En Banc. November 2, 1978. [1] Utility Services — Judicial Review — Scope. Judicial review of actions of the Utilities and Transportation Commission is pursuant to the administrative procedures act (RCW […]
COLLINS v. BARMON, 145 Wn. 383 (1927)
260 P. 245 E.J. COLLINS, Respondent, v. ISADORE BARMON et al., Appellants. No. 20617. Department Two.The Supreme Court of Washington. October 25, 1927. [1] HIGHWAYS (52, 58) — USE OF ROAD — NEGLIGENCE IN COLLISION — EVIDENCE — QUESTION FOR JURY. The negligence of the defendant in colliding with plaintiff’s car is for the jury, […]
WILLIAMS v. DENNEY, 151 Wn. 630 (1929)
276 P. 858 GEO. B. WILLIAMS et al., Respondents, v. JOHN C. DENNEY, as Director of Public Works, Appellant. No. 21486. Department One.The Supreme Court of Washington. April 22, 1929. [1] CARRIERS (1) — REGULATION — STATUTORY PROVISIONS — HIGHWAYS — FEDERAL AID ACT — EFFECT. The Federal aid legislation respecting highways is not infringed […]
GO2NET, INC. v. FREEYELLOW.COM, INC., 158 Wn.2d 247 (2006)
143 P.3d 590 GO2NET, INC., Respondent, v. FREEYELLOW.COM, INC., Defendant, JOHN MOLINO, Petitioner. No. 77663-6.The Supreme Court of Washington.Argued May 25, 2006. Decided September 28, 2006. Page 248 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 249 Mark S. Clark and Mary […]
KOONTZ v. GENERAL CASUALTY CO., 162 Wn. 77 (1931)
297 P. 1081 NEAL J. KOONTZ, Respondent, v. GENERAL CASUALTY COMPANY OF AMERICA, Appellant. No. 22510. Department Two.The Supreme Court of Washington. April 10, 1931. [1] INSURANCE (86, 124) — FORFEITURE OF POLICY FOR BREACH OF CONDITION — COVENANTS — INDEMNITY INSURANCE — DAMAGES INCURRED. A policy of indemnity insurance against liability for damages in […]
CLANCY v. HAWKINS, 53 Wn.2d 810 (1959)
337 P.2d 714 ROBERT CLANCY, as Executor, Respondent, v. DONALD HAWKINS, Appellant.[1] No. 34944.The Supreme Court of Washington. Department Two. April 2, 1959. [1] Reported in 337 P.2d 714. [1] DAMAGES — DEATH — ACTIONS FOR CAUSING — ELEMENTS OF COMPENSATION — EVIDENCE TO ESTABLISH — FUNERAL EXPENSES. In an action for funeral expenses, there […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 114 Wn.2d 1025 (1990)
The Supreme Court of Washington. 1990. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Bering, et al, Respondents, v. Share, et al, Petitioners, No. 56990-8. Petition for review of a decision of the Court of Appeals, January 23, 1990, 56 Wn. App. 1054. Denied May 8, 1990. […]
STATE v. WALKER, 154 Wn.2d 1003 (2005)
State, Respondent, v. Walker, Petitioner. No. 76002-1.The Supreme Court of Washington. May 3, 2005. Petition for review of a decision of the Court of Appeals, No. 21613-6-III, August 10, 2004, 122 Wn. App. 1069. Denied.
HILL PRINTING CO. v. BLAIR RE-SEATER CO., 134 Wn. 221 (1925)
235 P. 36 C.W. HILL PRINTING COMPANY, Appellant, v. BLAIR RE-SEATER COMPANY, Respondent. No. 18906. Department One.The Supreme Court of Washington. April 27, 1925. PRINCIPAL AND AGENT (9) — EVIDENCE OF AGENCY — SUFFICIENCY — INFERENCES. The fact of agency for a corporation in ordering printing supplies is not shown and cannot be inferred where […]
STATE v. ADAMS, 165 Wn.2d 1036 (2009)
State, Respondent, v. Adams, Petitioner. No. 82210-7.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. 60401-5-I, September 2, 2008, 146 Wn. App. 595. Granted.
OWNERS ASS’N v. FHC, LLC, 166 Wn.2d 178 (2009)
207 P.3d 1251 CHADWICK FARMS OWNERS ASSOCIATION, Respondent, v. FHC, LLC, Petitioner, AMERICA 1ST ROOFING BUILDERS, INC., ET AL., Respondents. EMILY LANE HOMEOWNERS ASSOCIATION, Respondent, v. COLONIAL DEVELOPMENT, LLC, ET AL., Petitioners. Nos. 80450-8; 80459-1.The Supreme Court of Washington.Argued November 18, 2008. Decided May 14, 2009. Page 179 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
STATE v. WALKER, 168 Wn.2d 1037 (2010)
State, Respondent, v. Walker, Petitioner. No. 84061-0.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. 27286-9-III, December 8, 2009, 153 Wn. App. 1028. Denied.
IN RE SANBORN, 159 Wn. 112 (1930)
292 P. 259 In the Matter of the Application of HATTIE SANBORN for Retirement Annuity. No. 22533. Department One.The Supreme Court of Washington. October 20, 1930. [1] SCHOOLS AND SCHOOL DISTRICTS (50-1) — TEACHERS — RETIREMENT FUND — RIGHT TO PARTICIPATE — STATUTES — CONSTRUCTION. The teachers’ retirement fund act, Rem. 1927 Sup., §§ 5020-1 […]
POLLOCK v. RALSTON, 5 Wn.2d 36 (1940)
104 P.2d 934 JAMES I. POLLOCK, Appellant, v. J.W. RALSTON, Respondent.[1] No. 27850.The Supreme Court of Washington. Department Two. August 5, 1940. [1] Reported in 104 P.2d 934. [1] PARTNERSHIP — ACTIONS BETWEEN PARTNERS — NECESSITY OF ACCOUNTING. A partner can not sue his copartner at law until after accounting and settlement, even though the […]
SHOOK v. HUGHES, 146 Wn. 134 (1927)
262 P. 142 CLEMENT J. SHOOK, as Administrator of the Estate of Jacob Shook, Deceased, Respondent, v. HARRY I. HUGHES et al., Appellants. No. 20811. Department Two.The Supreme Court of Washington. December 15, 1927. [1] APPEAL (406) — REVIEW — DISCRETION — NEW TRIAL — ORDER DISPOSING OF MOTION. Where the formal order granting a […]
FEDERAL ETC. CO. v. SULLIVAN, 33 Wn.2d 358 (1949)
206 P.2d 311 FEDERAL OLD LINE LIFE INSURANCE COMPANY (MUTUAL), Respondent, v. WILLIAM A. SULLIVAN, as Insurance Commissioner, Appellant. E.C. WOEPSE, Respondent, v. WILLIAM A. SULLIVAN, as Insurance Commissioner, Appellant.[1] Nos. 30479, 30480.The Supreme Court of Washington. Department Two. May 5, 1949. [1] Reported in 206 P.2d 311. [1] INSURANCE — MUTUAL COMPANIES — INSOLVENCY […]
STATE v. LORENZ, 150 Wn.2d 1025 (2004)
State, Respondent, v. Lorenz, Petitioner. No. 74061-5.The Supreme Court of Washington. En Banc. January 7, 2004. Petition for review of a decision of the Court of Appeals, No. 49726-0-I, April 28, 2003, 116 Wn. App. 1049. Granted.
FERGUSON v. McBRIDE, 69 Wn.2d 35 (1966)
416 P.2d 464 RANALD FERGUSON, Appellant, v. C.E. McBRIDE et al., Respondents.[*] No. 38401.The Supreme Court of Washington. Department Two. July 7, 1966. [*] Reported in 416 P.2d 464. [1] Frauds, Statute of — Part Performance — Proof of Oral Contract. Before part performance of an oral contract will exempt it from the operation of […]
RATHKE v. ROBERTS, 33 Wn.2d 858 (1949)
207 P.2d 716 CLARK E. RATHKE, Appellant, v. A.W. ROBERTS et al., Respondents and Cross-appellants.[1] No. 30709.The Supreme Court of Washington. Department Two. June 23, 1949. [1] Reported in 207 P.2d 716. [1] DAMAGES — MEASURE OF DAMAGES — BREACH OF CONTRACT — PREVENTION OF PERFORMANCE — LOSS OF PROFITS. In an action for breach […]
ALLEN v. INGERSOLL-RAND CO., 194 Wn. 708 (1938)
78 P.2d 1086 SIDNEY E. ALLEN, Respondent, v. INGERSOLL-RAND COMPANY et al., Appellants, GREAT NORTHERN RAILWAY COMPANY, Respondent. No. 26835. Department One.The Supreme Court of Washington. May 2, 1938. Appeal from a judgment of the superior court for King county, Meakim, J., entered June 12, 1937, upon findings in favor of the plaintiff, in an […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 89 Wn.2d 1022 (1977)
The Supreme Court of Washington. State, Respondent, v. Rook, Petitioner, No. 45226. Petition for review of a decision of the Court of Appeals, May 16, 1977, 17 Wn. App. 1028. Denied April 7, 1978. Schoonover, Petitioner, v. Carpet World, Inc., Respondent, No. 45254. Petition for review of a decision of the Court of Appeals, June […]
SYVERSON v. BERG, 194 Wn. 86 (1938)
77 P.2d 382 R. SYVERSON et al., Respondents, v. RODNEY BERG, Appellant. No. 26893. Department Two.The Supreme Court of Washington. March 14, 1938. [1] AUTOMOBILES — LIABILITY FOR INJURIES — HOST AND GUEST — CHAPERON AS GUEST. A mother acting as a chaperon to her daughter on a purely social automobile trip is an “invited […]
BILLIAS v. PANAGEOTOU, 193 Wn. 523 (1938)
76 P.2d 987 MIKE BILLIAS, Respondent, v. CHRIST PANAGEOTOU et al., Appellants. CHRIST PANAGEOTOU, Appellant, v. MIKE BILLIAS, Respondent. No. 26832. Department One.The Supreme Court of Washington. February 21, 1938. [1] APPEAL AND ERROR — REVIEW — NEW TRIAL — DISCRETION. The granting of a new trial is largely a matter within the discretion of […]
PERS. RESTRAINT OF TURAY, 153 Wn.2d 44 (2004)
101 P.3d 854 In the Matter of the Personal Restraint of RICHARD GARRETT TURAY, Petitioner. No. 74556-1.The Supreme Court of Washington.Argued May 25, 2004. Decided November 18, 2004. Page 45 Sheryl G. McCloud, for petitioner. Norm Maleng, Prosecuting Attorney, and Brooke E. Burbank and David J.W. Hackett, Deputies, for respondent. Page 46 MADSEN, J. ¶1 […]
CANNEY v. SISTERS OF CHARITY, 15 Wn.2d 325 (1942)
130 P.2d 899 GEORGE C. CANNEY, JR., et al., Respondents, v. SISTERS OF CHARITY OF THE HOUSE OF PROVIDENCE, Appellant.[1] No. 28726.The Supreme Court of Washington. Department One. November 7, 1942. [1] Reported in 130 P.2d 899. [1] CHARITIES — LIABILITY FOR TORTS. A charitable hospital, one which is not conducted for profit, is not […]