368 P.2d 715 HAROLD TIMM et al., Respondents, v. FORREST E. HART et al., Appellants.[*] No. 35994.The Supreme Court of Washington. Department One. February 15. 1962. [*] Reported in 368 P.2d 715. [1] CONTRACTS — REQUISITES AND VALIDITY — VALIDITY OF ASSENT — SIGNATURE AS INDICATION OF KNOWLEDGE OF CONTENTS — EXCEPTIONS. As a general […]
Category: Washington Supreme Court Opinions
DEPARTMENT OF LICENSING v. LAX, 125 Wn.2d 818 (1995)
888 P.2d 1190 THE DEPARTMENT OF LICENSING, Petitioner, v. RALPH W. LAX, Respondent. No. 61808-9.The Supreme Court of Washington. En Banc. February 16, 1995. [1] Appeal — Findings of Fact — Failure To Assign Error — Effect. Findings of fact to which error is not assigned are accepted as verities on appeal. [2] Statutes — […]
HAMM v. CITY OF SEATTLE, 143 Wn. 700 (1927)
255 P. 655 R.H. HAMM et al., Respondents, v. THE CITY OF SEATTLE, Appellant. No. 19901. En Banc.The Supreme Court of Washington. April 21, 1927. Appeal from a judgment of the superior court for King county, Jones, J., entered October 13, 1925, upon the verdict of a jury rendered in favor of the plaintiffs, in […]
IN RE SMITH, 163 Wn.2d 699 (2008)
184 P.3d 1261 In the Matter of the Detention of KIM MICHAEL SMITH, Petitioner. No. 80144-4.The Supreme Court of Washington.Considered June 5, 2008. Decided June 12, 2008. Page 700 Thomas M. Kummerow (of Washington Appellate Project), for petitioner. Robert M. McKenna, Attorney General, and Todd R. Bowers, Assistant, for respondent. PER CURIAM ¶1 We held […]
IN RE ROBISON’S ESTATE, 176 Wn. 459 (1934)
29 P.2d 700 In the Matter of the Estate of NELLIE M. ROBISON, Deceased. C.C. PINNICK, Respondent, v. NELLIE ROBISON et al., Appellants. No. 24939. Department Two.The Supreme Court of Washington. February 20, 1934. [1] EXECUTORS AND ADMINISTRATORS (70) — ALLOWANCE AND PAYMENT OF CLAIMS — PRIORITIES — FUNERAL EXPENSES. Rem. Rev. Stat., § 1541, […]
STATE v. ZAKEL, 119 Wn.2d 563 (1992)
834 P.2d 1046 THE STATE OF WASHINGTON, Respondent, v. DARCY L. ZAKEL, Petitioner. No. 58482-6.The Supreme Court of Washington. En Banc. August 20, 1992. [1] Constitutional Law — Appeal — Review — Constitutional Issues — Avoidance. An appellate court will not decide a constitutional issue unless it is absolutely necessary for the determination of the […]
CHEN v. CITY OF SEATTLE, 169 Wn.2d 1003 (2010)
Xiao Ping Chen, Individually and as Personal Representative, et al., Respondents, v. City of Seattle, Petitioner. No. 84203-5.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. 62838-1-I, December 28, 2009, 153 Wn. […]
CREEL v. NETTLETON, 151 Wn. 440 (1929)
276 P. 91 PAUL H. CREEL, Respondent, v. WALTER B. NETTLETON, Appellant. No. 21531. Department Two.The Supreme Court of Washington. April 5, 1929. [1] SALES (27, 81) — ENTIRE CONTRACTS — PARTIAL ACCEPTANCE. An offer to sell four articles of furniture for sums aggregating $1,750, followed by a counter offer of $1,500 for all, which […]
MILNER v. OUTCALT, 36 Wn.2d 720 (1950)
219 P.2d 982 REESE L. MILNER, Respondent, v. DAVID BURTON OUTCALT, Defendant, NATIONAL BANK OF WASHINGTON, as Trustee, Appellant.[1] No. 31319.The Supreme Court of Washington. Department Two. July 3, 1950. [1] Reported in 219 P.2d 982. [1] TRUSTS — SPENDTHRIFT TRUSTS. “Spendthrift trusts” are those trusts in which the interest of a beneficiary cannot be […]
KNAPPETT v. LOCKE, 92 Wn.2d 643 (1979)
600 P.2d 1257 DONALD C. KNAPPETT, ET AL, Petitioners, v. EDWARD M. LOCKE, ET AL, Respondents. No. 45774.The Supreme Court of Washington. En Banc. October 4, 1979. [1] Statutes — Construction — In General. Every part of a statute should be given effect if possible, and a construction which produces an absurd result should be […]
STATE v. M.L., 134 Wn.2d 657 (1998)
952 P.2d 187 THE STATE OF WASHINGTON, Respondent, v. M.L., Petitioner. No. 65618-5.The Supreme Court of Washington. En Banc.Considered December 4, 1997. Decided March 12, 1998. Appeal from the Superior Court for Grays Harbor County, No. 94-8-00268-4, Gordon Godfrey, J., on January 6, 1995. Robert M. Quillian and Thomas E. Doyle, for petitioner. Page 658 […]
LOCAL 497 v. PUD 2, 103 Wn.2d 786 (1985)
698 P.2d 1056 LOCAL NO. 497, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, Appellant, v. PUBLIC UTILITY DISTRICT NO. 2 OF GRANT COUNTY, ET AL, Respondents. No. 51176-4.The Supreme Court of Washington. En Banc. April 18, 1985. [1] Statutes — Repeal — By Implication — Burden of Proof. An earlier statute is repealed by implication when […]
STATE v. GEORGE, 159 Wn.2d 1004 (2007)
State, Respondent, v. George et al., Petitioners. No. 78782-4.The Supreme Court of Washington. January 31, 2007. Petition for review of decisions of the Court of Appeals, Nos. 55312-7-I and 55313-5-I, May 1, 2006, 132 Wn. App. 654. Granted on a specific issue.
STATE v. BENEFIEL, 158 Wn.2d 1009 (2006)
State, Respondent, v. Benefiel, Petitioner. No. 78433-7.The Supreme Court of Washington. October 11, 2006. Petition for review of a decision of the Court of Appeals, No. 23735-4-III, February 16, 2006, 131 Wn. App. 651. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
HUGHES v. CROWLEY, 165 Wn. 580 (1931)
5 P.2d 982 MRS. R.E. HUGHES, Appellant, v. MRS.C. CROWLEY, Respondent. No. 23349. Department Two.The Supreme Court of Washington. December 14, 1931. [1] FORCIBLE ENTRY AND DETAINER (1, 5) — STATUTORY PROVISIONS — PROCESS — TIME FOR SERVICE. Where, for any reason, a summons in forcible entry and detainer is defective or is not served […]
SEATTLE v. STATE, 54 Wn.2d 139 (1959)
338 P.2d 126 THE CITY OF SEATTLE, Petitioner, v. THE STATE OF WASHINGTON, Defendant and Relator, THE SUPERIOR COURT FOR KING COUNTY, Raymond Royal, Judge, Respondent.[1] No. 35038.The Supreme Court of Washington. Department Two. April 23, 1959. [1] Reported in 338 P.2d 126. [1] EMINENT DOMAIN — PROCEEDINGS TO TAKE PROPERTY — ADJUDICATION OF PUBLIC […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 128 Wn.2d 1005 (1995)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Alamo Rent A Car, Respondent, v. Schulman, Defendant, Washington Ins. Guar. Ass’n, Petitioners, No. 63214-6. Petition for review of a decision of the Court of Appeals, July 3, 1995, 78 Wn. App. 412. Denied […]
STATE v. SMITH, 152 Wn.2d 1004 (2004)
State, Respondent, v. Smith, Petitioner. No. 74975-2.The Supreme Court of Washington. September 8, 2004. Petition for review of a decision of the Court of Appeals, No. 29006-5-II, December 2, 2003, 119 Wn. App. 1038. Denied.
STATE EX REL. SPOKANE v. SUPERIOR COURT, 150 Wn. 13 (1928)
272 P. 60 THE STATE OF WASHINGTON, on the Relation of City of Spokane, Plaintiff, v. THE SUPERIOR COURT FOR SPOKANE COUNTY, Respondent. No. 21368. En Banc.The Supreme Court of Washington. November 27, 1928. [1] APPEAL (493) — MANDAMUS (4, 19) — DECISION — POWERS OF LOWER COURT AFTER REMAND — REMEDY BY APPEAL — […]
MAIN v. WESTERN LOAN BUILDING CO., 167 Wn. 1 (1932)
8 P.2d 281 LESTER MAIN et al., Appellants, v. WESTERN LOAN BUILDING COMPANY, Respondent. No. 23386. Department Two.The Supreme Court of Washington. February 24, 1932. [1] JURY (4) — RIGHT TO TRIAL BY JURY — LEGAL OR EQUITABLE ISSUES. A purchaser’s action to recover the amount paid for a lot, based on plaintiff’s claimed rescission […]
STATE v. TANG, 158 Wn.2d 1025 (2007)
State, Respondent, v. Hoa Tang, Petitioner. No. 78608-9.The Supreme Court of Washington. January 3, 2007. Petition for review of a decision of the Court of Appeals, No. 56121-9-I, March 20, 2006, 132 Wn. App. 1004. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
DISPOSITIONS OF PETITIONS FOR REVIEW, 94 Wn.2d 1009 (1980)
The Supreme Court of Washington. State, Respondent, v. Sauve, Defendant, Nordstrom, Petitioner, No. 47159. Petition for review of a decision of the Court of Appeals, May 5, 1980, 26 Wn. App. 1002. Remanded for reconsideration September 5, 1980. Miller, et al, Petitioners, v. Travelers Indem. Co., et al, Respondents, No. 47184. Petition for review of […]
TRUMMEL v. MITCHELL, 156 Wn.2d 653 (2006)
131 P.3d 305 PAUL TRUMMEL, Petitioner, v. STEPHEN MITCHELL, Respondent. No. 75977-4.The Supreme Court of Washington.Argued June 23, 2005. Decided March 30, 2006. Page 654 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 655 William J. Crittenden and Elena L. Garella; and […]
STATE v. ORNELAS-AYALA, 129 Wn.2d 1012 (1996)
917 P.2d 130 State, Respondent, v. Ornelas-Ayala, Petitioner. No. 63784-9.The Supreme Court of Washington. May 8, 1996. Petition for review of a decision of the Court of Appeals, No. 18347-1-II, January 3, 1996. Denied May 8, 1996. Page 1013
POLLARD v. ROSSOE MFG. CO., 56 Wn.2d 862 (1960)
355 P.2d 979 MAURICE A. POLLARD, as Executor, Appellant, v. ROSSOE MANUFACTURING CO., Respondent. No. 35190.The Supreme Court of Washington. Department Two. October 6, 1960. [1] AUTOMOBILES — RIGHT OF WAY AT INTERSECTIONS — NEGLIGENCE OF DISFAVORED DRIVER — FAILURE TO YIELD RIGHT OF WAY. The fact that two cars collide within an intersection establishes […]
ESTATE OF BUNCH ET AL. v. McGRAW RESIDENTIAL CTR., 171 Wn.2d 1021 (2011)
257 P.3d 662 Estate of Bunch et al., Petitioners, v. McGraw Residential Ctr. et al., Respondents. No. 85679-6.The Supreme Court of Washington. June 7, 2011. [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. 63847-5-I, February 7, 2011, 159 Wn. […]
CLEM v. HUNZ, 132 Wn. 14 (1924)
231 P. 7 CHARLES O. CLEM et al., Respondents, v. MICHAEL HUNZ et al., Appellants. No. 18584. Department Two.The Supreme Court of Washington. December 18, 1924. INJUNCTION (77) — ACTION ON BOND — RIGHT OF ACTION — PARTIAL DISSOLUTION OF BOND. The partial dissolution of a temporary injunction restraining the taking of any water from […]
STATE v. MANOS, 149 Wn. 60 (1928)
270 P. 132 THE STATE OF WASHINGTON, Respondent, v. GEORGE MANOS, Appellant. No. 20798. Department Two.The Supreme Court of Washington. September 5, 1928. [1] EVIDENCE (103) — HEARSAY — TELEPHONE MESSAGE AS HEARSAY. A telephone conversation with an unidentified person whose voice was not recognized is inadmissible as hearsay. [2] EVIDENCE (130-1) — DOCUMENTARY EVIDENCE […]
STRICKER v. POWERS, 34 Wn.2d 897 (1949)
210 P.2d 814 CLYDE STRICKER, Plaintiff, v. JACK P. POWERS et al., Defendants. FRED H. BERK et al., Appellants, v. G.A. GAYDA et al., Respondents.[1] No. 31093.The Supreme Court of Washington. Department One. November 1, 1949. [1] Reported in 210 P.2d 814. [1] MECHANICS’ LIENS — WAIVER — IMPLIED WAIVER — SENDING BILLS TO LESSEE. […]
AUSBUN v. WASHAM, 163 Wn.2d 1038 (2008)
Ausbun et al., Respondents, v. Washam et al., Petitioners. No. 80674-8.The Supreme Court of Washington. June 3, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 34889-6-II, August 16, 2007. Denied.
CARTER v. SPOKANE UNITED RAILWAYS, 157 Wn. 166 (1930)
288 P. 247 W.C. CARTER, Appellant, v. SPOKANE UNITED RAILWAYS, Respondent. No. 22276. Department Two.The Supreme Court of Washington. May 28, 1930. [1] CARRIERS (80) — PASSENGERS — PERSONAL INJURIES — SETTING DOWN PASSENGERS — NEGLIGENCE. A street car company is not guilty of actionable negligence, in setting down a passenger in a street intersection, […]
STATE v. GREEN, 158 Wn. 574 (1930)
291 P. 728 THE STATE OF WASHINGTON, Respondent, v. IRVING GREEN, Appellant. No. 22432. Department Two.The Supreme Court of Washington. September 24, 1930. [1] GAMING (12) — INDICTMENT AND INFORMATION (60) — SUFFICIENCY — AVERMENTS IN LANGUAGE OF STATUTE. An information for “poolselling and bookmaking,” is not demurrable where it charges, in the language of […]
STATE v. MILLER, 154 Wn.2d 1019 (2005)
State, Respondent, v. Miller, Petitioner. No. 76324-1.The Supreme Court of Washington. June 1, 2005. Petition for review of a decision of the Court of Appeals, 31053-8-II, October 25, 2004. Denied.
FOUNTAIN v. PARNELL, 32 Wn.2d 599 (1949)
202 P.2d 918 A.E. FOUNTAIN, Appellant, v. L.M. PARNELL et al., Respondents.[1] No. 30460.The Supreme Court of Washington. Department One. February 25, 1949. [1] Reported in 202 P.2d 918. [1] APPEAL AND ERROR — REVIEW — FINDINGS. A judgment based on findings will be affirmed, where the evidence does not preponderate against them. [2] SHERIFFS […]
HOUSTON v. DICK HANNAH MOTORS, 156 Wn.2d 1023 (2006)
132 P.3d 736 Houston, Respondent, v. Dick Hannah Motors, Petitioner. No. 77424-2.The Supreme Court of Washington. March 9, 2006. Petition for review of a decision of the Court of Appeals, No. 31216-6-II, May 17, 2005, 127 Wn. App. 1029. Denied.
FLOHR v. FLOHR, 149 Wn.2d 1002 (2003)
Flohr, Respondent, v. Flohr, Petitioner. No. 72551-9.The Supreme Court of Washington. April 29, 2003. Petition for review of a decision of the Court of Appeals, No. 47734-0-I, April 8, 2002, 111 Wn. App. 1004. Denied April 29, 2003.
STATE v. ROWE, 77 Wn.2d 955 (1970)
468 P.2d 1000 THE STATE OF WASHINGTON, Respondent, v. CURTIS EDWARD ROWE, JR., Appellant.[*] No. 41193.The Supreme Court of Washington. Department One. May 7, 1970. [*] Reported in 468 P.2d 1000. [1] Criminal Law — Evidence — Identification — Showing Two Photographs of Defendant. The fact that two photographs out of several shown the victim […]
DEPARTMENT OF ECOLOGY v. STATE FINANCE COMM., 116 Wn.2d 246 (1991)
804 P.2d 1241 THE DEPARTMENT OF ECOLOGY, Petitioner, v. THE STATE FINANCE COMMITTEE, Respondent. No. 57437-5.The Supreme Court of Washington. En Banc. January 17, 1991. [1] Courts — Supreme Court — Original Jurisdiction — Mandamus as to State Officers — Validity of Statute — Public Funds. It is appropriate for the Supreme Court to exercise […]
CORBETT v. WINGARD, 29 Wn.2d 890 (1948)
189 P.2d 972 ROLAND H. CORBETT, Appellant, v. L.G. WINGARD et al., Respondents, PHILIP W. SCHOEL et al., Appellants.[1] No. 29770.The Supreme Court of Washington. En Banc. February 27, 1948. [1] Reported in 189 P.2d 972. [1] APPEAL AND ERROR — REQUISITES AND PROCEEDINGS — BOND ON APPEAL — NECESSITY. Where appellants failed to file […]
WELLS v. PARKS, 148 Wn. 328 (1928)
268 P. 889 GEORGE M. WELLS et al., Respondents, v. NELLIE G. PARKS et al., Appellants. No. 21151. Department Two.The Supreme Court of Washington. July 9, 1928. [1] ADVERSE POSSESSION (25, 41) — EXTENSION TO BOUNDARIES — EVIDENCE — SUFFICIENCY. The burden of showing adverse possession under a claim of right for ten years, to […]
CHAYER ENTERS. v. TOWNHOMES AT KIRKLAND, 165 Wn.2d 1017 (2009)
Chayer Enters., Inc., Respondent, v. Townhomes at Kirkland, LLC, et al., Petitioners. No. 81961-1.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. 59818-0-I, May 19, 2008, 144 Wn. App. 1037. Denied.
STATE v. HEIDEN, 163 Wn.2d 1030 (2008)
State, Respondent, v. Heiden, Petitioner. No. 80429-0.The Supreme Court of Washington. April 30, 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. 24924-7-III, June 20, 2007. Denied.
IN RE JULLIN, 23 Wn.2d 1 (1945)
158 P.2d 319, 160 P.2d 1023 In the Matter of the Eligibility of ALEX JULLIN. E.B. RILEY, as Commissioner of Unemployment Compensation and Placement, Appellant, v. ST. PAUL TACOMA LUMBER COMPANY, Respondent.[1] No. 29458.The Supreme Court of Washington. En Banc. April 27, 1945. [1] Reported in 158 P.2d 319; 160 P.2d 1023. [1] UNEMPLOYMENT COMPENSATION […]
PUBLIC UTILITY DISTRICT v. ECOLOGY, 146 Wn.2d 778 (2002)
51 P.3d 744 PUBLIC UTILITY DISTRICT No. 1, OF PEND OREILLE COUNTY, Respondent v. STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, Petitioner, and CENTER FOR ENVIRONMENTAL LAW AND POLICY, Intervenor/Respondent. No. 70372-8.The Supreme Court of Washington. En Banc.Oral Argument Date: September 25, 2001. Filed: July 18, 2002. Page 779 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
STATE v. J.M., 144 Wn.2d 472 (2001)
28 P.3d 720 STATE OF WASHINGTON, Respondent v. J. M., Petitioner. No. 70575-5.The Supreme Court of Washington. En Banc.Oral Argument Date: May 30, 2001. Filed: August 2, 2001. Page 473 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 474 James R. Dixon […]
KAUFMAN v. WEST, 133 Wn. 192 (1925)
233 P. 321 H.A. KAUFMAN, Appellant, v. JOHN WEST et al., Respondents. No. 18905. Department Two.The Supreme Court of Washington. February 26, 1925. CONSTITUTIONAL LAW (102, 109) — CLASS LEGISLATION — PRIVILEGES AND IMMUNITIES — AUTOMOBILES — REGULATION OF PARKING. An ordinance prohibiting occupants of an apartment house from parking their automobiles on the opposite […]
STATE v. PRESTA, 142 Wn. 539 (1927)
253 P. 811 THE STATE OF WASHINGTON, Respondent, v. ALBERT PRESTA, Appellant. No. 20037. Department Two.The Supreme Court of Washington. March 7, 1927. [1] INTOXICATING LIQUOR (29, 50) — OFFENSES — TRANSPORTATION — EVIDENCE — SUFFICIENCY. Under Rem. Comp. Stat., § 7329, making possession of intoxicating liquor prima facie evidence that it was kept for […]
SHATTUCK v. SHATTUCK, 141 Wn. 600 (1927)
251 P. 851 W.H. SHATTUCK, Respondent, v. JOSEPHINE SHATTUCK, Appellant. No. 20149. Department Two.The Supreme Court of Washington. January 6, 1927. [1] DIVORCE (106) — SUPPORT OF CHILDREN — MODIFICATION. It is not an abuse of discretion to reduce the allowance for the support of two boys, seven and eight years old, from $50 to […]
STATE EX REL. HENDRON v. SUPERIOR COURT, 140 Wn. 403 (1926)
249 P. 485 THE STATE OF WASHINGTON, on the Relation of Carroll Hendron, as Administrator of the Estate of Henry H. Wolfe, Deceased, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, Respondent. No. 20089. En Banc.The Supreme Court of Washington. October 5, 1926. [1] VENUE (4) — REPLEVIN — RECOVERY OF PROMISSORY NOTES. A promissory […]
GRANSTON v. BOILEAU, 177 Wn. 640 (1934)
33 P.2d 96 W.R. GRANSTON et al., Respondents, v. EMIL BOILEAU et al., Appellants. No. 24217. Department One.The Supreme Court of Washington. May 25, 1934. [1] VENDOR AND PURCHASER (48, 53) — RESCISSION BY VENDOR — ESTOPPEL OR WAIVER — ELECTION TO RESCIND AND NOTICE. A forfeiture of a land contract is justified, where, after […]
MCINTYRE v. STATE, 133 Wn.2d 859 (1997)
949 P.2d 347 DAVID J. MCINTYRE, Petitioner, v. THE DEPARTMENT OF HEALTH, MEDICAL DISCIPLINARY BOARD, Respondent. No. 63695-8.The Supreme Court of Washington. En Banc.Argued September 25, 1996. Decided December 18, 1997. Page 860 Appeal from the Superior Court for King County, No. 93-2-10166-0, Anne L. Ellington, J., on March 30, 1994. Graham James, L.L.P./Riddell Williams, […]
STATE v. SMITH, 160 Wn.2d 1024 (2007)
163 P.3d 794 State, Respondent, v. Smith, Petitioner. No. 79422-7.The Supreme Court of Washington. July 11, 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. 56462-5-I, October 2, 2006, 135 Wn. App. 1006. Denied.
STATE v. MYERS, 102 Wn.2d 548 (1984)
689 P.2d 38 THE STATE OF WASHINGTON, Respondent, v. RONALD PRINCE MYERS, SR., Petitioner. No. 50028-2.The Supreme Court of Washington. En Banc. September 27, 1984. [1] Criminal Law — Police Misconduct — Due Process — In General. Only police activity which violates a specific constitutional right of a criminal defendant is subject to restrictions under […]
ROBERSON v. PEREZ, 155 Wn.2d 1002 (2005)
120 P.3d 578 Roberson et al., Respondents, v. Perez et al., Petitioners. No. 75980-4.The Supreme Court of Washington. September 7, 2005. Petition for review of a decision of the Court of Appeals, No. 21777-9-III, August 3, 2004, 123 Wn. App. 320. Denied.
STATE EX REL. KECK v. SUNNYSIDE, 181 Wn. 511 (1935)
43 P.2d 621 THE STATE OF WASHINGTON, on the Relation of J.D. Keck, as Executor, Appellant, v. THE CITY OF SUNNYSIDE et al., Respondents. No. 25461. En Banc.The Supreme Court of Washington. April 17, 1935. [1] DRAINS (14, 17) — ASSESSMENTS — STATUTORY PROVISIONS — MODE OF ASSESSMENT — AGAINST MUNICIPALITIES — NATURE OF OBLIGATION. […]
STATE EX REL. KING COUNTY v. SUP. CT., 33 Wn.2d 76 (1949)
204 P.2d 514 THE STATE OF WASHINGTON, on the Relation of King County, Plaintiff, v. THE SUPERIOR COURT FOR KING COUNTY, James W. Hodson, Judge, Respondent.[1] No. 30904.The Supreme Court of Washington. Department One. March 28, 1949. [1] Reported in 204 P.2d 514. [1] PLEADING — AMENDMENT OF COMPLAINT — TIME FOR AMENDMENT. The trial […]
STANLEY v. SAFECO INSURANCE, 109 Wn.2d 738 (1988)
747 P.2d 1091 RICHARD W. STANLEY, Respondent, v. SAFECO INSURANCE COMPANY OF AMERICA, Petitioner. No. 53670-8.The Supreme Court of Washington. En Banc. January 7, 1988. [1] Insurance — Construction of Policy — “Severance” — Detachment or Loss of Use. An insurance policy providing benefits for loss of a foot “by actual severance” is not ambiguous […]
PERSONAL RESTRAINT OF MEYER, 142 Wn.2d 608 (2001)
16 P.3d 563 In re the Personal Restraint Petition of DOUGLAS EARL MEYER, Petitioner. In re the Personal Restraint Petition of ERIC L. ERICKSON, In re the Personal Restraint Petition of BRADLEY T. SUNDSTROM, Petitioner. No. 68271-2.The Supreme Court of Washington. En Banc.Argued June 22, 2000. Decided January 4, 2001. Page 609 [EDITORS’ NOTE: THIS […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 137 Wn.2d 1003 (1999)
The Supreme Court of Washington. 1999. In re Marriage of Leslie, No. 67043-9. Petition for review of a decision of the Court of Appeals, April 13, 1998, 90 Wn. App. 796. Denied January 6, 1999. City of Renton, Respondent, v. Puget Sound Energy, Inc., Petitioner, No. 67045-5. Petition for review of a decision of the […]
FABBIO v. DIESEL OIL SALES CO., 1 Wn.2d 234 (1939)
95 P.2d 788 PASQUALLE FABBIO et al., Respondents, v. DIESEL OIL SALES COMPANY et al., Appellants.[1] No. 27530.The Supreme Court of Washington. Department Two. November 7, 1939. [1] Reported in 95 P.2d 788. [1] AUTOMOBILES — LIABILITY FOR INJURIES — COLLISION WITH SLED — CONTRIBUTORY NEGLIGENCE — QUESTION FOR JURY. The contributory negligence of a […]
HARRIS v. HARRIS, 63 Wn.2d 896 (1964)
389 P.2d 655 ANNA MARY HARRIS, Respondent, v. MILO T. HARRIS, Appellant.[*] No. 36979.The Supreme Court of Washington. Department Two. February 27, 1964. [*] Reported in 389 P.2d 655. [1] Appeal and Error — Review — Findings. A trial court’s findings must be considered as established facts where no error is assigned to their entry, […]
STATE EX REL. GRANGE ETC. v. RIDDELL, 27 Wn.2d 134 (1947)
177 P.2d 78 THE STATE OF WASHINGTON, on the Relation of The Grange Store, Plaintiff, v. NORMAN R. RIDDELL, as Clerk of the Superior Court for King County, Respondent.[1] No. 30149.The Supreme Court of Washington. Department Two. February 11, 1947. [1] Reported in 177 P.2d 78. [1] APPEAL AND ERROR — RECORD — STATEMENT OF […]
STATE v. SMITH, 155 Wn.2d 496 (2005)
120 P.3d 559 THE STATE OF WASHINGTON, Respondent, v. CALVIN M. SMITH, Petitioner. No. 75928-6.The Supreme Court of Washington.Argued June 23, 2005. Decided September 29, 2005. Page 497 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 498 Eric Broman (of Nielsen, Broman […]
VAN DIEST v. YAKIMA COUNTY, 189 Wn. 411 (1937)
65 P.2d 1080 A. VAN DIEST, Appellant, v. YAKIMA COUNTY et al., Respondents. No. 26418. En Banc.The Supreme Court of Washington. March 11, 1937. [1] MUNICIPAL CORPORATIONS (537) — TAXES AND OTHER REVENUE — POWER AND DUTY TO TAX — RIGHT TO HAVE DUTY EXERCISED — PLEDGES. Since a municipality’s taxing power is always pledged […]
STATE EX REL. TURNER v. PAUL, 182 Wn. 261 (1935)
46 P.2d 1060 THE STATE OF WASHINGTON, on the Relation of Genevieve Turner, Plaintiff, v. TIMOTHY A. PAUL, as Judge of the Superior Court for Walla Walla County, Respondent. No. 25584. Department Two.The Supreme Court of Washington. June 24, 1935. [1] CERTIORARI (6) — NATURE AND GROUNDS — ADEQUACY OF REMEDY BY APPEAL — TEMPORARY […]
KELSO v. KELSO, 75 Wn.2d 24 (1968)
448 P.2d 499 DORIS D. KELSO, Respondent, v. BILL F. KELSO, Appellant.[*] No. 39364.The Supreme Court of Washington. Department One. December 12, 1968. [*] Reported in 448 P.2d 499. [1] Divorce — Alimony — Needs of Wife — Care of Children. A divorced wife may be found, under the circumstances of the case, to have […]
UNIGARD INS. CO. v. LEVEN, 140 Wn.2d 1009 (2000)
999 P.2d 1263 Unigard Ins. Co. v. Leven. No. 68748-0.The Supreme Court of Washington. Filed March 24, 2000. 42391-6-I, 97 Wash.App. 417, 983 P.2d 1155. PETITIONS FOR REVIEW. Denied. Page 1010
STATE v. NAICKER, 165 Wn.2d 1010 (2008)
State, Respondent, v. Naicker, Petitioner. No. 81794-4.The Supreme Court of Washington. December 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. 58378-6-I, May 12, 2008, 144 Wn. App. 1029. Denied.
STATE v. WILLIAMS, 150 Wn.2d 1022 (2003)
State, Respondent, v. Williams, Petitioner. No. 74068-2.The Supreme Court of Washington. En Banc. December 2, 2003. Petition for review of a decision of the Court of Appeals, No. 27897-9-II, May 6, 2003, 116 Wn. App. 1062. Denied.
ARNOLD v. NAT. UNION MARINE COOKS ETC., 42 Wn.2d 648 (1953)
257 P.2d 629 GEORGE ARNOLD et al., Respondents, v. NATIONAL UNION OF MARINE COOKS STEWARDS ASSOCIATION, Appellant.[1] No. 32180.The Supreme Court of Washington. Department Two. May 26, 1953. [1] Reported in 257 P.2d 629. [1] EXECUTION — SUPPLEMENTARY PROCEEDINGS — NATURE OF REMEDY. Supplemental proceedings are not a new and independent action but are merely […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 90 Wn.2d 1013 (1978)
The Supreme Court of Washington. State, Respondent, v. Atkinson, Petitioner, No. 45465. Petition for review of a decision of the Court of Appeals, January 25, 1978, 19 Wn. App. 107. Denied July 21, 1978. State, Respondent, v. Jeter, Petitioner, No. 45469. Petition for review of a decision of the Court of Appeals, January 27, 1978, […]
BYRNE v. PAULSON, 156 Wn. 634 (1930)
287 P. 891 ELIZABETH BYRNE, Appellant, v. M.P. PAULSON et al., Respondents. ANNE E. BYRNE, Appellant, v. M.P. PAULSON et al., Respondents. No. 22141. Department Two.The Supreme Court of Washington. May 8, 1930. [1] APPEAL AND ERROR (418) — REVIEW — FINDINGS. Notwithstanding the greater number of witnesses against the decision, findings will not be […]
KELLER v. WADDINGTON, 142 Wn. 474 (1927)
253 P. 646 A.F. KELLER, Respondent, v. GEORGE WADDINGTON et al., Appellants. No. 20184. Department One.The Supreme Court of Washington. March 2, 1927. [1] MUNICIPAL CORPORATIONS (379, 389) — STREETS — ACCIDENTS AT CROSSING. One who drives across a street intersection at an unlawful speed and strikes a car already nearly across the intersection, without […]
RETAIL CLERKS LOCAL 629 v. CHRISTIANSEN, 67 Wn.2d 29 (1965)
406 P.2d 327 RETAIL CLERKS LOCAL 629, Appellant, v. LEROY CHRISTIANSEN et al., Respondents, J.C. PENNEY COMPANY, INC., Intervenor.[*] No. 37629.The Supreme Court of Washington. Department Two. September 30, 1965. [*] Reported in 406 P.2d 327. [1] Appeal and Error — Disposition of Cause — Affirmance on Other Grounds. When the judgment of the trial […]
CHRISTENSEN v. SWEDISH HOSPITAL, 59 Wn.2d 545 (1962)
368 P.2d 897 CLARANCE A. CHRISTENSEN et al., Appellants, v. THE SWEDISH HOSPITAL, Respondent.[*] No. 36130.The Supreme Court of Washington. Department One. February 15, 1962. [*] Reported in 368 P.2d 897. [1] PLEADING — COMPLAINT — CLAIM FOR RELIEF — SUFFICIENCY. A claim is adequately pleaded if it contains a short, plain statement showing that […]
DRINKWITZ v. ALLIANT TECHSYSTEMS, INC., 140 Wn.2d 291 (2000)
996 P.2d 582 DAN DRINKWITZ, a Washington resident, and KENNETH CAPRONI, a Washington resident, on behalf of themselves and those similarly situated, Respondents, v. ALLIANT TECHSYSTEMS, INC., a foreign corporation, Petitioner. No. 67019-6The Supreme Court of Washington. En Banc.Argued March 7, 2000. Decided April 6, 2000. Page 292 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
BERG v. STROMME, 79 Wn.2d 184 (1971)
484 P.2d 380 RICHARD BERG, Petitioner, v. ARTHUR STROMME et al., Respondents. No. 41500.The Supreme Court of Washington. En Banc. April 22, 1971. [1] Automobiles — Warranties — Implied Warranty of Fitness — Trade Name Purchase of Vehicle. There was no sale under a patent or trade name within the contemplation of either case law […]
COINS v. WASH. MOTOR COACH CO., 34 Wn.2d 1 (1949)
208 P.2d 143 WILLIAM J. COINS, Respondent, v. WASHINGTON MOTOR COACH COMPANY et al., Appellants.[1] No. 30564.The Supreme Court of Washington. Department Two. June 30, 1949. [1] Reported in 208 P.2d 143. [1] AUTOMOBILES — LIABILITY FOR INJURIES — VEHICLE STALLED ON HIGHWAY — DUTY TO GIVE WARNING. Where a bus was stalled at night […]
KIM v. WALTER, 160 Wn.2d 1004 (2007)
156 P.3d 904 Kim et al., Petitioners, v. Walter et al., Respondents. No. 77581-8.The Supreme Court of Washington. May 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. 55034-9-I, July 18, 2005, 128 Wn. App. 1042. Granted and […]
IN RE DET. OF BROTEN, 158 Wn.2d 1010 (2006)
In re Det. of Broten, Petitioner. No. 78055-2.The Supreme Court of Washington. October 12, 2006. Petition for review of a decision of the Court of Appeals, No. 32053-3-II, November 15, 2005, 130 Wn. App. 326. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.
HENRY v. ST. REGIS PAPER CO., 55 Wn.2d 148 (1959)
346 P.2d 692 JAMES A. HENRY, Appellant, v. ST. REGIS PAPER COMPANY, Respondent.[1] No. 34779.The Supreme Court of Washington. En Banc. November 27, 1959. [1] Reported in 346 P.2d 692. [1] JUDGMENT — SUMMARY JUDGMENT — HEARING AND DETERMINATION. In considering a motion for a summary judgment, the trial court may properly take as true […]
STATE v. MARTIN, 149 Wn.2d 1004 (2003)
State, Respondent, v. Martin, Petitioner. No. 73124-1.The Supreme Court of Washington. April 29, 2003. Petition for review of a decision of the Court of Appeals, No. 28321-2-II, August 9, 2002, 113 Wn. App. 1008. Denied April 29, 2003.
PEOPLES NAT. BK. OF WASH. v. BROWN, 37 Wn.2d 49 (1950)
221 P.2d 530 PEOPLES NATIONAL BANK OF WASHINGTON, Respondent, v. WILLIAM LOYD BROWN et al., Appellants, WILLIAM E. SANDER et al., Respondents.[1] No. 31154.The Supreme Court of Washington. Department One. August 23, 1950. [1] Reported in 221 P.2d 530. [1] TRIAL — TAKING CASE FROM JURY — DETERMINATION. A challenge to the sufficiency of the […]
NORTH PAC. FIN. CORP. v. HOWELL-THOMPSON M. CO., 162 Wn. 387 (1931)
298 P. 424 NORTH PACIFIC FINANCE CORPORATION, Respondent, v. HOWELL-THOMPSON MOTOR COMPANY, Appellant. No. 22740. Department Two.The Supreme Court of Washington. April 30, 1931. [1] EVIDENCE (159) — SALES (179-1) — CONDITIONAL SALES — ASSIGNMENT OF CONTRACT — ORAL EVIDENCE AFFECTING WRITINGS — EXISTENCE OF USE OR CUSTOM. Upon assignments of automobile conditional sales contracts, […]
EBDING v. FOSTER, 34 Wn.2d 539 (1949)
209 P.2d 367 WILLIAM J. EBDING et al., Appellants. v. LEE FOSTER et al., Respondents.[1] No. 30844.The Supreme Court of Washington. Department Two. August 16, 1949. [1] Reported in 209 P.2d 367. [1] APPEAL AND ERROR — REVIEW — JUDGMENT NOTWITHSTANDING VERDICT. A judgment n.o.v. will be affirmed only in the event the supreme court […]
HSU YING LI v. TANG, 87 Wn.2d 796 (1976)
557 P.2d 342 HSU YING LI, Petitioner, v. GORDON TANG, Respondent. No. 43983.The Supreme Court of Washington. En Banc. December 9, 1976. [1] Costs — Attorneys’ Fees — In General. A court may award attorneys’ fees as part of the costs of litigation only when there is a contractual, statutory, or recognized equitable basis for […]
YAKIMA FRUIT v. CENTRAL HEATING, 81 Wn.2d 528 (1972)
503 P.2d 108 YAKIMA FRUIT COLD STORAGE CO., et al., Appellants, v. CENTRAL HEATING PLUMBING CO., Respondent. No. 42201.The Supreme Court of Washington. En Banc. November 16, 1972. [1] Judgment — Summary Judgment — Function of Court. Upon a motion for summary judgment, the trial court and any reviewing court must consider the material submitted […]
STATE v. HARVILL, 169 Wn.2d 1024 (2010)
State, Respondent, v. Harvill, Petitioner. No. 84578-6.The Supreme Court of Washington. September 9, 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. 38522-8-II, April 27, 2010, 155 Wn. App. 1039. Denied.
LAMBERT v. DEP’T OF SOC., 161 Wn.2d 1022 (2007)
169 P.3d 830 Lambert, Petitioner, v. Dep’t of Soc. Health Servs., Respondent. No. 79556-8.The Supreme Court of Washington. October 30, 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. 23344-8-III, August 22, 2006, 134 Wn. App. 1048. Denied. Page […]
BELLEVUE ASSOCIATES v. BELLEVUE, 108 Wn.2d 671 (1987)
741 P.2d 993 BELLEVUE ASSOCIATES, Appellant, v. THE CITY OF BELLEVUE, Respondent. No. 53288-5.The Supreme Court of Washington. En Banc. August 20, 1987. [1] Taxation — LID — Assessments — Judicial Review — Burden of Proof — Test. A property owner challenging his assessment for a local improvement district has the burden of overcoming the […]
LAVIGNE v. HUGHES, 199 Wn. 285 (1939)
91 P.2d 560 FLORENCE HUGHES LAVIGNE, Appellant, v. MERVIN G. HUGHES, Respondent. No. 27409. En Banc.The Supreme Court of Washington. June 13, 1939. [1] DIVORCE — DIVISION OF PROPERTY — INTERLOCUTORY DECREE — FINALITY. Under Rem. Rev. Stat., § 988, the property rights of the parties to a divorce proceeding should be disposed of by […]
ESTATE OF McLEOD, 105 Wn.2d 809 (1986)
719 P.2d 88 In the Matter of the Estate of MAMIE W. McLEOD. No. 52081-0.The Supreme Court of Washington. En Banc. May 8, 1986. [1] Taxation — Inheritance Tax — Deductions From Estate — Decedent’s Debts — Contract To Make a Will. A decedent’s contractual obligation to transfer property by will constitutes a debt which, […]
IN RE LONG’S ESTATE, 190 Wn. 196 (1937)
67 P.2d 331 In the Matter of the Estate of MARTHA LONG, Deceased. THE STATE OF WASHINGTON, by William H. Pemberton, Supervisor of the State Inheritance Tax and Escheat Division, Appellant, v. C.E. REMSBERG, as Executor, Respondent. No. 26312. Department One.The Supreme Court of Washington. April 28, 1937. [1] WILLS — DESIGNATION OF DEVISEES — […]
GOV. EMP. INS. CO. v. WOODS, 59 Wn.2d 173 (1961)
367 P.2d 21 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent, v. LUCY WOODS, as Administratrix, Defendant, SAM ALDER, Individually, and as Guardian, Appellant.[*] No. 35954.The Supreme Court of Washington. Department Two. December 14, 1961. [*] Reported in 367 P.2d 21. [1] DECLARATORY JUDGMENT — NATURE AND GROUNDS — JUSTICIABLE CONTROVERSY — LIABILITY UNDER INSURANCE CONTRACT. There was […]
DANIEL v. LILENQUIST MOTORS, 53 Wn.2d 226 (1958)
332 P.2d 459 WADE R. DANIEL, Respondent, v. LILENQUIST MOTORS, INC., Appellant.[1] No. 34655.The Supreme Court of Washington. Department One. December 4, 1958. [1] Reported in 332 P.2d 459. [1] SALES — RESCISSION BY BUYER — GROUNDS — FRAUD. In an action by a purchaser to rescind a contract for the conditional sale of a […]
IN RE DeLION’S ESTATE, 28 Wn.2d 649 (1947)
183 P.2d 995 In the Matter of the Estate of R. WALTER DELION, Deceased. JAMES EMMETT ROYCE, as Guardian ad Litem for Louisa Ann Virginia DeLion, a Minor, Appellant, v. THE OLD NATIONAL BANK, as Administrator, et al., Respondents.[1] No. 30101.The Supreme Court of Washington. Department One. August 14, 1947. [1] Reported in 183 P.2d […]
BECKETT v. COSBY, 73 Wn.2d 825 (1968)
440 P.2d 831 JOHN H. BECKETT, Respondent, v. JACK L. COSBY et al., Appellants.[*] No. 39183.The Supreme Court of Washington. Department One. May 9, 1968. [*] Reported in 440 P.2d 831. [1] Judgment — Default Judgment — Vacation — Prima Facie Defense — Necessity. One seeking vacation of a default judgment must allege and prove […]
ROSENKRANZ v. GUARANTY TRUST CO., 160 Wn. 548 (1931)
295 P. 487 ANNA ROSENKRANZ, Respondent, v. GUARANTY TRUST COMPANY et al., Appellants. No. 22722. Department One.The Supreme Court of Washington. February 2, 1931. [1] ESTOPPEL (35-1) — PRINCIPAL AND AGENT (3) — ACTS MAKING INJURY POSSIBLE — APPOINTMENT OF AGENT IN GENERAL. The delivery, to a dealer in securities, of non-negotiable local improvement bonds, […]
STATE v. DEATON, 154 Wn.2d 1007 (2005)
State, Respondent, v. Deaton, Petitioner. No. 76107-8.The Supreme Court of Washington. May 3, 2005. Petition for review of a decision of the Court of Appeals, No. 22189-0-III, September 2, 2004, 123 Wn. App. 1009. Denied.
GRUNBAUM BROS. F. CO. v. HUMPHREY INV. CORP., 144 Wn. 620 (1927)
258 P. 517 GRUNBAUM BROTHERS FURNITURE COMPANY, INCORPORATED, Appellant, v. HUMPHREY INVESTMENT CORPORATION et al., Respondents. No. 20024. En Banc.The Supreme Court of Washington. August 12, 1927. [1] SALES (176, 178) — CONDITIONAL SALES — RECORDING — EFFECT AS NOTICE. A conditional sales contract reciting that the articles had been delivered to the purchaser in […]