STATE v. TOBIN, 161 Wn.2d 517 (2007)

166 P.3d 1167 THE STATE OF WASHINGTON, Respondent, v. DOUGLAS JOHN MARTIN TOBIN, Petitioner. No. 78628-3.The Supreme Court of Washington.Argued May 24, 2007. Decided September 13, 2007. Page 518 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 519 Reed Manley Benjamin Speir, […]

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RICHARDSON v. TAYLOR LAND ETC. CO., 25 Wn.2d 518 (1946)

171 P.2d 703 J.W. RICHARDSON et al., Appellants, v. TAYLOR LAND AND LIVESTOCK COMPANY et al., Respondents.[1] No. 29939.The Supreme Court of Washington. Department One. August 1, 1946. [1] Reported in 171 P.2d 703. [1] FRAUDS, STATUTE OF — OPERATION AND EFFECT — PART PERFORMANCE — AGREEMENTS RELATING TO REAL PROPERTY — SPECIFIC PERFORMANCE. A […]

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DeYOUNG v. CAMPBELL, 51 Wn.2d 11 (1957)

315 P.2d 629 ROBERT T. DeYOUNG, Individually and as Guardian ad Litem, Appellant, v. ROBERT F. CAMPBELL et al., Respondents. ROBERT T. DeYOUNG, Individually and as Guardian ad Litem, Respondent, v. THE CITY OF SEATTLE, Appellant. ROBERT F. CAMPBELL et al., Respondents, v. THE CITY OF SEATTLE, Appellant.[1] No. 33819.The Supreme Court of Washington. Department […]

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STATE v. ROBINSON, 61 Wn.2d 107 (1962)

377 P.2d 248 THE STATE OF WASHINGTON, Respondent, v. RICHARD CARNELL ROBINSON, Appellant.[*] No. 36043.The Supreme Court of Washington. Department One. December 27, 1962. [*] Reported in 377 P.2d 248. [1] CONSTITUTIONAL LAW — CRIMINAL LAW — PRELIMINARY PROCEEDINGS — PRELIMINARY HEARING — NECESSITY. In a criminal prosecution, a preliminary hearing is not necessary to […]

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LAMB v. MASON, 26 Wn.2d 879 (1947)

176 P.2d 342 GERALD LAMB, as Administrator and Individually, Respondent, v. F.P. MASON et al., Appellants. DARYL EVANS et al., Respondents, v. F.P. MASON et al., Appellants.[1] No. 29796.The Supreme Court of Washington. En Banc. January 6, 1947. [1] Reported in 176 P.2d 342. [1] APPEAL AND ERROR — REVIEW — HARMLESS ERROR — ADMISSION […]

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GRIFFITHS v. BIG BEAR STORES, 55 Wn.2d 243 (1959)

347 P.2d 532 GRAHAM GRIFFITHS et al., Appellants, v. BIG BEAR STORES, INC., Respondent.[1] No. 35068.The Supreme Court of Washington. Department One. December 10, 1959. [1] Reported in 347 P.2d 532. [1] NEGLIGENCE — ACTIONS — EVIDENCE — SUFFICIENCY — EXISTENCE AND NOTICE OF DANGEROUS CONDITION ON STORE FLOOR. In an action for damages for […]

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CHAMPAGNE v. BIRNOT, 143 Wn. 187 (1927)

254 P. 829 A.J. CHAMPAGNE, Appellant, v. JOHN BIRNOT et al., Respondents, WATT BROTHERS, Defendants. No. 20206. Department Two.The Supreme Court of Washington. April 4, 1927. [1] APPEAL (169) — NOTICE — PARTIES IN DEFAULT. A defendant against whom judgment was taken by default, on his answer admitting the complaint, is not a necessary party […]

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STATE EX REL. BUSCHMANN v. SUPERIOR COURT, 165 Wn. 624 (1931)

5 P.2d 1041 THE STATE OF WASHINGTON, on the Relation of August Buschmann et al., Plaintiff, v. THE SUPERIOR COURT FOR CHELAN COUNTY et al., Respondents. No. 23499. En Banc.The Supreme Court of Washington. December 15, 1931. [1] VENUE (13) — CHANGE — RIGHT TO — CO-DEFENDANTS. Where the cause of action stated in the […]

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GAMBLE v. ALDER GROUP MINING S. CO., 5 Wn.2d 578 (1940)

105 P.2d 811 W.E. GAMBLE, Plaintiff, v. ALDER GROUP MINING AND SMELTING COMPANY et al., Defendants. FRED B. MORRILL, Appellant, v. SEATTLE-FIRST NATIONAL BANK, SPOKANE EASTERN DIVISION, as Receiver, Respondent.[1] No. 27981.The Supreme Court of Washington. Department One. October 3, 1940. [1] Reported in 105 P.2d 811. [1] CORPORATIONS — ACTIONS — CAPACITY TO SUE […]

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STATE v. FLEMING, 162 Wn.2d 1002 (2007)

175 P.3d 1093 State, Respondent, v. Fleming, Petitioner. No. 79766-8.The Supreme Court of Washington. December 4, 2007. Petition for review of a decision of the Court of Appeals, No. 33405-4-II, January 17, 2007, 136 Wn. App. 678. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.

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LEWIS v. OROZCO, 164 Wn.2d 1004 (2008)

Lewis, Petitioner, v. Orozco et al., Respondents. No. 81106-7.The Supreme Court of Washington. August 5, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 25650-2-III, December 6, 2007, 142 Wn. App. 1006. Review Orders. Denied.

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PIERCE v. MOUNTAIN LION CONSOL. MINES. CO., 183 Wn. 629 (1935)

49 P.2d 23 WILLIAM PIERCE et al., Appellants, v. MOUNTAIN LION CONSOLIDATED MINES COMPANY, Respondent. No. 25623. Department Two.The Supreme Court of Washington. September 24, 1935. [1] TRIAL (151) — FINDINGS OF FACT — NECESSITY. In an action at law tried to the court, findings of fact are mandatorily required by Rem. Rev. Stat., § […]

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STATE LEGISLATURE v. STATE, 139 Wn.2d 129 (1999)

985 P.2d 353 THE WASHINGTON STATE LEGISLATURE, J. CLYDE BALLARD, and DANIEL R. McDONALD, Respondents, v. THE STATE OF WASHINGTON; GARY LOCKE, a state officer in his capacity as Governor of the State of Washington; THE OFFICE OF FINANCIAL MANAGEMENT, an agency of the executive branch of the State of Washington; RICHARD THOMPSON, a state […]

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REITAN v. CROOKS, 153 Wn. 75 (1929)

279 P. 97 HALTON REITAN et al., Respondents, v. ROBERT J. CROOKS et al., Appellants. No. 21792. Department One.The Supreme Court of Washington. July 11, 1929. [1] MUNICIPAL CORPORATIONS (378, 389) — USE OF STREETS AS HIGHWAY — NEGLIGENCE. A truck driver’s negligence in failing to look for and see a pedestrian ahead of him, […]

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MILLER v. MILLER, 58 Wn.2d 193 (1961)

361 P.2d 583 HOWARD MILLER, Respondent, v. MARY ELIZABETH MILLER, Appellant.[*] No. 35704.The Supreme Court of Washington. Department Two. May 4, 1961. [*] Reported in 361 P.2d 583. [1] DIVORCE — GROUNDS — SUFFICIENCY. The conduct and attitude of a wife constituted sufficient grounds to support a decree of divorce granted to the husband, where […]

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STATE DEPT. P.A. v. PRITCHARD, 47 Wn.2d 545 (1955)

288 P.2d 480 THE STATE DEPARTMENT OF PUBLIC ASSISTANCE, Appellant, v. ROSE H. PRITCHARD, as Administratrix, Respondent.[1] No. 33294.The Supreme Court of Washington. Department Two. October 6, 1955. [1] Reported in 288 P.2d 480. [1] SOCIAL SECURITY AND PUBLIC WELFARE — STATE OLD AGE ASSISTANCE — PERSONS ELIGIBLE — PROPERTY OR RESOURCES. It is a […]

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NEVA v. NEVA, 49 Wn.2d 911 (1956)

300 P.2d 574 PAUL PETER NEVA, Respondent, v. SHIRLEY ANN NEVA, Appellant.[1] No. 33538.The Supreme Court of Washington. Department One. August 16, 1956. [1] Reported in 300 P.2d 574. Appeal from a judgment of the superior court for King county, No. 472415, Todd, J., entered July 18, 1955, upon findings in favor of the plaintiff, […]

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WISE PLUMBING HEATING v. ALPINE DEV., 72 Wn.2d 172 (1967)

432 P.2d 547 ROBERT WISE PLUMBING HEATING, INC., Plaintiff, v. ALPINE DEVELOPMENT COMPANY, INC., et al., Defendants, SUTHERLAN FIXTURE COMPANY, Respondent, SECURITIES MORTGAGE COMPANY, Appellant.[*] No. 38556.The Supreme Court of Washington. Department Two. October 13, 1967. [*] Reported in 432 P.2d 547. [1] Judgment — Summary Judgment — Inferences. When considering a motion for summary […]

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FORSYTH v. NEW YORK INDEMNITY CO., 159 Wn. 318 (1930)

293 P. 284 ARTHUR T. FORSYTH et al., Appellants, v. NEW YORK INDEMNITY COMPANY, Respondent. No. 22646. Department One.The Supreme Court of Washington. November 20, 1930. [1] INDEMNITY (3) — MECHANICS’ LIENS (110) — INDEMNITY AGAINST LIENS — LIABILITY ON CONTRACTOR’S BONDS — PRIVITY OF CONTRACT. There is no privity of contract between laborers and […]

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IN RE RUSSELL, 54 Wn.2d 882 (1959)

344 P.2d 507 In the Matter of the Application of PIERCE N. RUSSELL for a Writ of Habeas Corpus.[1] No. 34990.The Supreme Court of Washington. Department One. October 1, 1959. [1] Reported in 344 P.2d 507. [1] HABEAS CORPUS — GROUNDS FOR RELIEF — WANT OF JURISDICTION. Where a father sought custody of his minor […]

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RUSHLIGHT v. McLAIN, 28 Wn.2d 189 (1947)

182 P.2d 62 W.A. RUSHLIGHT, Respondent, v. H.A. McLAIN, Appellant.[1] No. 30028.The Supreme Court of Washington. En Banc. June 19, 1947. [1] Reported in 182 P.2d 62. [1] APPEAL AND ERROR — REVIEW — FINDINGS. Findings on conflicting evidence will not be disturbed unless the evidence clearly preponderates against them. [2] BILLS AND NOTES — […]

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EX REL. THE BARB v. BD. AGAINST DISCRIM., 73 Wn.2d 870 (1968)

441 P.2d 526 THE STATE OF WASHINGTON, on the Relation of The Barb Restaurants, Inc., et al., Respondents, v. THE STATE BOARD AGAINST DISCRIMINATION et al., Appellants.[*] No. 38942.The Supreme Court of Washington. Department Two. May 23, 1968. [*] Reported in 441 P.2d 526. [1] Civil Rights — Election of Remedies — Law Against Discrimination […]

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DENO v. STANDARD FURNITURE CO., 190 Wn. 1 (1937)

66 P.2d 1158 JOHN EMORY DENO, a Minor, by John Deno, his Guardian ad Litem, et al., Appellants, v. STANDARD FURNITURE COMPANY, Respondent, BERMAN SCHOENFELD et al., Defendants. No. 26266. En Banc.The Supreme Court of Washington. April 8, 1937. [1] APPEAL AND ERROR — REQUISITES AND PROCEEDINGS — NOTICE OF APPEAL — SERVICE — UPON […]

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STATE v. PAYNE, 150 Wn.2d 1028 (2004)

State, Petitioner, v. Payne, Respondent. No. 74169-7.The Supreme Court of Washington. En Banc. January 7, 2004. Petition for review of a decision of the Court of Appeals, No. 27254-7-II, May 28, 2003, 117 Wn. App. 99. Denied.

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HARTMAN v. STATE GAME COMM’N, 85 Wn.2d 176 (1975)

532 P.2d 614 ROBERT JAMES HARTMAN et al, Respondents, v. THE WASHINGTON STATE GAME COMMISSION, Appellant. No. 43156.The Supreme Court of Washington. En Banc. February 27, 1975. [1] Appeal and Error — Decisions Reviewable — Moot Questions — In General. The Supreme Court will review a case otherwise moot in order to resolve matters of […]

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BOWENS ET AL. v. EMPIRE FIRE MARINE INS., 166 Wn.2d 1022 (2009)

217 P.3d 782 Bowens et al., Respondents, v. Empire Fire Marine Ins., Defendant, Eyre et al., Petitioners. No. 82996-9.The Supreme Court of Washington. September 8, 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. 26894-2-III, March 17, 2009, 149 […]

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LUCAS FLOUR CO. v. LOCAL 174, 57 Wn.2d 95 (1960)

356 P.2d 1 LUCAS FLOUR COMPANY, Respondent, v. LOCAL 174, TEAMSTERS, CHAUFFEURS HELPERS OF AMERICA, Appellant.[1] No. 35310.The Supreme Court of Washington. Department One. October 13, 1960. [1] Reported in 356 P.2d 1. [1] LABOR RELATIONS — ACTIVITIES REGULATED BY NATIONAL LABOR RELATIONS ACT — JURISDICTION. Where it is clear or may be fairly assumed […]

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IN RE ROBINSON, 89 Wn.2d 519 (1978)

573 P.2d 784 In the Matter of the Disciplinary Proceeding Against JOHN F. ROBINSON, an Attorney at Law. No. C.D. 3349.The Supreme Court of Washington. En Banc. January 12, 1978. [1] Attorney and Client — Discipline — Disbarment — Misuse of Funds. In the absence of mitigating or extenuating circumstances, the failure of an attorney […]

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IN RE SWARTWOOD WELSHER ESTATES, 198 Wn. 557 (1939)

89 P.2d 203 In the Matter of the Estates of MARY SWARTWOOD and LIZZIE WELSHER, Deceased. THOMAS W. WEBB et al., Appellants, v. JAMES F. TAYLOR et al., Respondents. No. 26773. Department Two.The Supreme Court of Washington. April 14, 1939. [1] WILLS — REQUISITES AND VALIDITY — CONTRACTS TO DEVISE — EVIDENCE — SUFFICIENCY. An […]

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IN RE PALMER v. CRANOR, 45 Wn.2d 278 (1954)

273 P.2d 985 In the Matter of the Application for a Writ of Habeas Corpus of ROBERT H. PALMER, Petitioner, v. JOHN R. CRANOR, as Superintendent of the State Penitentiary, Respondent.[1] No. 32894.The Supreme Court of Washington. Department Two. September 10, 1954. [1] Reported in 273 P.2d 985. [1] HABEAS CORPUS — GROUNDS FOR RELIEF […]

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STATE v. JACKSON, 102 Wn.2d 432 (1984)

688 P.2d 136 THE STATE OF WASHINGTON, Respondent, v. WALTER F. JACKSON, ET AL, Petitioners. No. 50343-5.The Supreme Court of Washington. En Banc. September 6, 1984. [1] Searches and Seizures — Similar State and Federal Provisions — Change in Federal Interpretation — Effect. When the United States Supreme Court changes its interpretation of the Fourth […]

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IN RE HOUSING AUTHORITY OF SEATTLE, 62 Wn.2d 492 (1963)

383 P.2d 295 In the Matter of the Petition of THE HOUSING AUTHORITY OF THE CITY OF SEATTLE. WALTER SCOTT BROWN et al., Relators, v. THE SUPERIOR COURT FOR KING COUNTY, Edward E. Henry, Judge, Respondent.[*] No. 36991.The Supreme Court of Washington. Department One. July 3, 1963. [*] Reported in 383 P.2d 295. [1]Eminent Domain […]

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STATE v. AMES, 131 Wn.2d 1023 (1997)

937 P.2d 1102 State, Respondent, v. Ames, Petitioner. No. 65076-4.The Supreme Court of Washington. May 6, 1997. Petition for review of a decision of the Court of Appeals, December 2, 1996, 84 Wn. App. 1019. Denied May 6, 1997.

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STATE v. SIFERS, 164 Wn.2d 1027 (2008)

State, Respondent, v. Sifers, Petitioner. No. 81499-6.The Supreme Court of Washington. October 2, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 35007-6-II, February 20, 2008, 143 Wn. App. 1010. Denied October 2, 2008. Review Orders.

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DISPOSITIONS OF PETITIONS FOR REVIEW, 85 Wn.2d 1015 (1975)

The Supreme Court of Washington. Gau et al, Respondents, v. State Util. Transp. Comm’n, Petitioner, No. 43839. Petition for review of a decision of the Court of Appeals, April 18, 1975, 13 Wn. App. 219. Denied September 5, 1975. Baxter, Petitioner, v. Safeway Stores, Inc., Respondent, No. 43859. Petitioner for review of a decision of […]

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TARVER v. COMM’N OF BREMERTON, 72 Wn.2d 726 (1967)

435 P.2d 531 GEORGE E. TARVER, Appellant, v. CITY COMMISSION OF BREMERTON, Respondent.[*] No. 39129.The Supreme Court of Washington. Department Two. December 14, 1967. [*] Reported in 435 P.2d 531. [1] Municipal Corporations — Ordinances — Business Regulation — Review. In reviewing a municipal ordinance establishing certain standards, regulations, or controls for a particular business […]

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BRADBURY v. AETNA CAS. SUR., 91 Wn.2d 504 (1979)

589 P.2d 785 ROMAIN BRADBURY, as Administrator, ET AL, Respondents, v. AETNA CASUALTY SURETY COMPANY, Petitioner. No. 45457.The Supreme Court of Washington. En Banc. January 5, 1979. [1] Insurance — Uninsured Motorist — Multiple Coverage — Retrospective Application. The principle that an insured has the same number of uninsured motorist coverages as the number of […]

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IN RE THE DETENTION OF C.W., 147 Wn.2d 259 (2002)

53 P.3d 979 In the Matter of the Detention of: C.W., Petitioner. In the Matter of the Detention of: B.B., Petitioner. In the Matter of the Detention of: E.S., Petitioner. In the Matter of the Detention of: D.M., Petitioner. In the Matter of the Detention of: T.B., Petitioner. In the Matter of the Detention of: […]

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PACIFIC FRUIT PRODUCE CO. v. SCHONS, 169 Wn. 472 (1932)

14 P.2d 17 PACIFIC FRUIT PRODUCE COMPANY, Appellant, v. M.F. SCHONS et al., Respondents. No. 23708. Department One.The Supreme Court of Washington. August 30, 1932. [1] VENDOR AND PURCHASER (69, 73) — RESCISSION — BY PURCHASER — TIME FOR — ACTIONS — EVIDENCE — SUFFICIENCY. The rescission of the sale of a commercial apple orchard, […]

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HENSON v. HENSON, 47 Wn.2d 866 (1955)

289 P.2d 1034 MARY D. HENSON, Respondent, v. WILLIAM L. HENSON, Appellant. MARY D. PARTEE, Respondent, v. WILLIAM L. HENSON, Appellant.[1] No. 33211.The Supreme Court of Washington. Department One. November 17, 1955. [1] Reported in 289 P.2d 1034. [1] DIVORCE — CUSTODY OF CHILDREN — MODIFICATION OF DECREE — CHANGED CONDITIONS — WELFARE OF CHILD. […]

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FAGERDAHL v. NORTH COAST TRANSPORT. CO., 178 Wn. 482 (1934)

35 P.2d 46 ARNE FAGERDAHL et al., Appellants, v. NORTH COAST TRANSPORTATION COMPANY, Respondent and Cross-appellant. No. 24710. En Banc.The Supreme Court of Washington. August 10, 1934. [1] APPEAL AND ERROR (388) — REVIEW — PARTIES ENTITLED TO ALLEGE ERROR — ERROR URGED BY RESPONDENT — ORDER GRANTING NEW TRIAL — MOTION FOR JUDGMENT NOTWITHSTANDING […]

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BITNEY v. MORGAN, 84 Wn.2d 9 (1974)

523 P.2d 929 RALPH BITNEY et al., Appellants, v. ALLEN B. MORGAN, Respondent. No. 42856.The Supreme Court of Washington. En Banc. June 27, 1974. [1] Administrative Law and Procedure — Judicial Review — Appeal — Burden of Proof. A party appealing from a superior court’s review of an administrative proceeding conducted under RCW 34.04, the […]

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REVIEW ORDERS, 146 Wn.2d 1022 (2002)

The Supreme Court of Washington. 2002 State, Respondent, v. Sweeten, Petitioner, No. 72232-3. Petition for review of a decision of the Court of Appeals, January 11, 2002, 109 Wn. App. 1073. Denied August 7, 2002. State, Respondent, v. Larry, Petitioner, No. 72233-1. Petition for review of a decision of the Court of Appeals, August 17, […]

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KENNEDY v. REAL ESTATE SALESMEN ETC., 53 Wn.2d 223 (1958)

332 P.2d 939 DON KENNEDY et al., Appellants, v. REAL ESTATE SALESMEN LOCAL 154A et al., Respondents.[1] No. 34607.The Supreme Court of Washington. Department Two. December 4, 1958. [1] Reported in 332 P.2d 939. [1] APPEAL AND ERROR — DECISIONS REVIEWABLE — TEMPORARY INJUNCTION. Notwithstanding Rule on Appeal 14(3) authorizes an appeal from an order […]

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McDOWELL v. FARWEST GARMENTS, INC., 41 Wn.2d 412 (1952)

249 P.2d 372 CARRIE McDOWELL, Appellant, v. FARWEST GARMENTS, INC., Respondent.[1] No. 32096.The Supreme Court of Washington. En Banc. October 30, 1952. [1] Reported in 249 P.2d 372. [1] TRADE UNIONS — CONTRACTS — CONSTRUCTION — HOLIDAY PAY — WHERE EMPLOYMENT BROKEN PRIOR TO HOLIDAY PERIOD. Employees whose employment had been terminated early in December […]

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SHAY v. PARKHURST, 38 Wn.2d 341 (1951)

229 P.2d 510 EDWIN SHAY, as Guardian ad Litem of Sharon Clark, a Minor, Respondent, v. V.R. PARKHURST, Appellant.[1] No. 31482.The Supreme Court of Washington. Department One. March 29, 1951. [1] Reported in 229 P.2d 510. [1] CARRIERS — INJURIES TO PASSENGERS — ACTIONS — NEGLIGENCE — RES IPSA LOQUITUR — APPLICATION OF DOCTRINE. In […]

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STATE v. HAWKINS, 70 Wn.2d 697 (1967)

425 P.2d 390 THE STATE OF WASHINGTON, Respondent, v. JOHN WILLIAM HAWKINS, Appellant.[*] No. 38391.The Supreme Court of Washington. En Banc. March 14, 1967. [*] Reported in 425 P.2d 390. [1] Criminal Law — Venue — Motion for Change — Discretion of Court. Change of venue in a criminal case is a matter within the […]

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STATE v. BRADY, 161 Wn.2d 1017 (2007)

171 P.3d 1056 State, Respondent, v. Brady, Petitioner. No. 79553-3.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, Nos. 33286-8-II and 33296-5-II, October 31, 2006, 135 Wn. App. 1030. Denied.

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HUMAN RIGHTS COMM’N v. CHENEY SCH. DIST., 97 Wn.2d 118 (1982)

641 P.2d 163 THE HUMAN RIGHTS COMMISSION, Appellant, v. CHENEY SCHOOL DISTRICT NO. 30, Respondent. No. 47539-3.The Supreme Court of Washington. En Banc. February 25, 1982. [1] Statutes — Construction — Legislative Intent — In General. Ambiguous statutes should be interpreted so as to give effect to legislative intent. Such intent is determined by reading […]

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STATE v. KERN, 160 Wn.2d 1019 (2007)

163 P.3d 793 State, Respondent, v. Kern, Petitioner. No. 79235-6.The Supreme Court of Washington. July 10, 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. 23781-8-III, August 15, 2006, 134 Wn. App. 1042. Denied.

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STATE v. WALLER, 170 Wn.2d 1017 (2011)

245 P.3d 773 State, Respondent, v. Waller, Defendant. State, Respondent, v. Cooper, Petitioner. State, Respondent, v. Reading, Defendant. The Supreme Court of Washington. No. 85004-6. January 4, 2011. Petition for review of decisions of the Court of Appeals, Nos. 38008-1-II, 37831-1-II, 38021-8-II, and 38102-8-II, July 29, 2010, 157 Wn. App. 1013. Denied

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STATE v. WILLIAMSON, 163 Wn.2d 1031 (2008)

State, Respondent, v. Williamson, Petitioner. No. 80688-8.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. 35027-1-II, August 9, 2007. Denied.

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FLANNERY v. NELSON, 59 Wn.2d 120 (1961)

366 P.2d 329 ROBERT T. FLANNERY, Respondent, v. SIDNEY L. NELSON et al., Appellants.[*] No. 35707.The Supreme Court of Washington. Department Two. November 22, 1961. [*] Reported in 366 P.2d 329. [1] JUDGMENT — NOTWITHSTANDING VERDICT — NATURE OF MOTION — EVIDENCE ADMITTED. When a motion for a judgment notwithstanding the verdict is based on […]

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SNAVELY v. GOLDENDALE, 19 Wn.2d 741 (1943)

144 P.2d 269 RUSSELL SNAVELY et al., Appellants, v. THE CITY OF GOLDENDALE, Respondent.[1] 29085.The Supreme Court of Washington. Department Two. December 27, 1943. [1] Reported in 144 P.2d 269. [1] WATERS AND WATERCOURSES — POLLUTION — DAMAGES — NONRIPARIAN LANDS. The pollution of a stream cannot constitute damage to nonriparian land. [2] SAME — […]

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IN RE KOLOCOTRONIS, 99 Wn.2d 147 (1983)

660 P.2d 731 In the Matter of the Personal Restraint of BIG CY KOLOCOTRONIS, Petitioner. No. 48543-7.The Supreme Court of Washington. En Banc. March 10, 1983. [1] Criminal Law — Insanity — Maximum Confinement — Reduction of Maximum Prison Term — Effect. Under RCW 10.77.020(3), a person acquitted of a crime by reason of insanity […]

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IN RE COWLES’ ESTATE, 36 Wn.2d 710 (1950)

219 P.2d 964 In the Matter of the Estate of WILLIAM HUTCHINSON COWLES, Deceased. WILLIAM H. COWLES, JR., et al., as Executors, Appellants, v. THE STATE OF WASHINGTON et al., Respondents.[1] No. 31112.The Supreme Court of Washington. Department Two. June 30, 1950. [1] Reported in 219 P.2d 964. [1] TAXATION — INHERITANCE TAXES — VALUATION […]

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STATE v. SMITH, 129 Wn.2d 1022 (1996)

State, Petitioner, v. Smith, Respondent. No. 63911-6.The Supreme Court of Washington. July 10, 1996. Petition for review of a decision of the Court of Appeals, February 12, 1996, 80 Wn. App. 535. Granted and remanded July 10, 1996.

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LEWIS RIVER GOLF v. O.M. SCOTT SONS, 120 Wn.2d 712 (1993)

845 P.2d 987 LEWIS RIVER GOLF, INC., Petitioner, v. O.M. SCOTT SONS, Respondent. No. 58216-5.The Supreme Court of Washington. En Banc. February 11, 1993. [1] Sales — Remedies — Damages — Consequential Damages — Goodwill. Damage to a business’s reputation or goodwill and the resulting loss in the value of the business are recoverable as […]

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PERS. RESTRAINT OF LORD, 152 Wn.2d 182 (2004)

94 P.3d 952 In the Matter of the Personal Restraint of STEPHEN J. LORD, Petitioner. No. 73853-0.The Supreme Court of Washington.Argued March 23, 2004. Decided July 29, 2004. Page 183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 184 Stephen J. Lord, […]

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YOUSOUFIAN v. OFFICE OF RON SIMS, 165 Wn.2d 439 (2009)

200 P.3d 232 ARMEN YOUSOUFIAN, Respondent, v. THE OFFICE OF RON SIMS, KING COUNTY EXECUTIVE ET AL., Petitioners. No. 80081-2.The Supreme Court of Washington.Argued February 26, 2008. Decided January 15, 2009. Page 440 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 441 […]

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STATE v. YOUNG, 87 Wn.2d 129 (1976)

550 P.2d 1 THE STATE OF WASHINGTON, Respondent, v. RICKY A. YOUNG, Appellant. No. 43950.The Supreme Court of Washington. En Banc. May 20, 1976. [1] Criminal Law — Evidence — Polygraph Tests — Admissibility — Stipulation — Reconsideration of Rule. The rule requiring all parties to stipulate to the admission of a polygraph test will […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 92 Wn.2d 1040 (1979)

The Supreme Court of Washington. In re Marriage of Dinwiddie, No. 46556. Petition for review of a decision of the Court of Appeals, July 23, 1979, 23 Wn. App. 1069. Denied November 30, 1979. State, Respondent, v. Herman, Petitioner, No. 46580. Petition for review of a decision of the Court of Appeals, July 24, 1979, […]

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HOREN v. HOREN, 73 Wn.2d 455 (1968)

438 P.2d 857 BARBARA M. HOREN, Appellant, v. DWIGHT JOHN HOREN, Respondent.[*] No. 39701.The Supreme Court of Washington. Department Two. March 28, 1968. [*] Reported in 438 P.2d 857. [1] Divorce — Custody of Children — Factors Considered. When awarding custody of children upon divorce of the parents, each case depends on its facts, with […]

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BUCHANAN v. INT’L BHD. OF TEAMSTERS, 94 Wn.2d 508 (1980)

617 P.2d 1004 WESLEY D. BUCHANAN, Respondent, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS, ET AL, Petitioners. No. 46647.The Supreme Court of Washington. En Banc. October 9, 1980. [1] Statutes — Construction — Legislative Intent — Prior Acts and Constructions. The legislature is presumed to be familiar with prior judicial constructions of its […]

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DIEHL v. W. WASH. GROWTH MGMT., 161 Wn.2d 1018 (2007)

171 P.3d 1057 Diehl, Petitioner, v. W. Wash. Growth Mgmt. Hearings Bd. et al., Respondents. No. 79605-0.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. 33662-6-II, August 11, 2006, 134 Wn. App. […]

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McAVOY v. WEBER, 198 Wn. 370 (1939)

88 P.2d 448 W.G. McAVOY, Respondent, v. L.S. WEBER et al., Defendants, HOME OWNERS’ LOAN CORPORATION, Appellant. No. 27290. Department One.The Supreme Court of Washington. March 24, 1939. [1] GARNISHMENT — PERSONS AND PROPERTY SUBJECT — MUNICIPAL CORPORATIONS — PERFORMANCE OF GOVERNMENTAL FUNCTIONS. The right to garnishment is purely statutory and exists only when clearly […]

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LAUCKS v. PRINCEHOUSE, 13 Wn.2d 140 (1942)

124 P.2d 226 I.F. LAUCKS, et al., Respondents, v. AGNES HELEN PRINCEHOUSE, Appellant, RICHARD PRINCEHOUSE et al., Respondents.[1] No. 28521.The Supreme Court of Washington. Department Two. April 3, 1942. [1] Reported in 124 P.2d 226. [1] WILLS — CONSTRUCTION OF TESTAMENTARY TRUSTS — CONDITIONS AND LIMITATIONS — ENCUMBRANCES OF EXPECTANCY. Where a will creating a […]

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ESBORG v. BAILEY DRUG COMPANY, 65 Wn.2d 949 (1965)

399 P.2d 310 KIETH G. ESBORG et al., Respondents, v. BAILEY DRUG COMPANY et al., Appellants.[†] No. 37444.The Supreme Court of Washington. Department One. February 8, 1965. [†] Reported in 399 P.2d 310. Appeal from a judgment of the Superior Court for Thurston County, No. 32429, Raymond W. Clifford, J., entered October 8, 1963. Affirmed. […]

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STATE v. CRACE, 160 Wn.2d 1010 (2007)

161 P.3d 1026 State, Respondent, v. Crace, Petitioner. No. 77474-9.The Supreme Court of Washington. June 5, 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. 31822-9-II, June 28, 2005, 128 Wn. App. 1021. Denied.

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TOBIN v. DEPT. OF LABOR INDUSTRIES, 169 Wn.2d 396 (2010)

239 P.3d 544 JIM A. TOBIN, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Petitioner. No. 81946-7.The Supreme Court of Washington.Argued November 16, 2009. Decided August 12, 2010. Page 397 Appeal from the Superior Court for Pierce County, No. 06-2-09885-0, Stephanie A. Arend, J. Robert M. McKenna, Attorney General, Jay D. Geek, Deputy Solicitor General, […]

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STATE v. CHEATAM, 149 Wn.2d 1008 (2003)

State, Respondent, v. Cheatam, Petitioner. No. 73079-2.The Supreme Court of Washington. May 1, 2003. Petition for review of a decision of the Court of Appeals, No. 26695-4-II, August 2, 2002, 112 Wn. App. 778. Granted May 1, 2003.

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FOLDEN v. ROBINSON, 58 Wn.2d 760 (1961)

364 P.2d 924 GUNDER FOLDEN, Respondent, v. HARRY ROBINSON et al., Appellants.[*] No. 35693.The Supreme Court of Washington. En Banc. September 14, 1961. [*] Reported in 364 P.2d 924. [1] APPEAL AND ERROR — RESERVATION OF GROUNDS — EXCEPTIONS — SUFFICIENCY. In an appeal from a judgment in a personal injury action, there was no […]

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TACOMA ETC. CO. v. HASTINGS, 190 Wn. 214 (1937)

67 P.2d 325 TACOMA BEAUTY BARBER SUPPLY COMPANY, Appellant, v. ROY HASTINGS et al., Respondents. No. 26229. En Banc.The Supreme Court of Washington. April 30, 1937. [1] SALES — CONSTRUCTION OF CONTRACT — SUBJECT MATTER — ARTICLES INCLUDED IN CONTRACT — APPLIANCES — EVIDENCE TO AID CONSTRUCTION — SUFFICIENCY. Finding on conflicting evidence that the […]

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IN RE HAWKINS, 91 Wn.2d 497 (1979)

589 P.2d 247 In the Matter of the Disciplinary Proceeding Against KENNETH C. HAWKINS, an Attorney at Law. No. C.D. 2430.The Supreme Court of Washington. En Banc. January 5, 1979. [1] Attorney and Client — Discipline — Function of Supreme Court — Consideration of Other Matters. The Supreme Court may consider all relevant facts and […]

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POWERS v. HASTINGS, 93 Wn.2d 709 (1980)

612 P.2d 371 CLARENCE POWERS, ET AL, Respondents, v. ROBERT G. HASTINGS, ET AL, Petitioners. No. 45970.The Supreme Court of Washington. En Banc. June 12, 1980. [1] Trial — Taking Case From Jury — Sufficiency of Evidence — Judgment n.o.v. A trial court has no discretion in ruling on a motion for judgment n.o.v. and […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 137 Wn.2d 1021 (1999)

The Supreme Court of Washington. 1999. State, Respondent, v. Sanders, Petitioner, No. 67324-1. Petition for review of a decision of the Court of Appeals, July 20, 1998, 91 Wn. App. 1055. Denied April 6, 1999. King County, Respondent, v. Richardson, et al., Petitioners, No. 67325-0. Petition for review of a decision of the Court of […]

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STATE v. BLAIR, 136 Wn.2d 1003 (1998)

966 P.2d 901 State, Petitioner, v. Blair, Respondent. No. 66611-3.The Supreme Court of Washington. September 2, 1998. Petition for review of a decision of the Court of Appeals, February 6, 1998, 89 Wn. App. 1009. Denied September 2, 1998.

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STATE v. WISE, 169 Wn.2d 1032 (2010)

241 P.3d 786 State, Respondent, v. Wise, Petitioner. No. 84487-9.The Supreme Court of Washington. October 7, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 27647-3-III, March 18, 2010, 155 Wn. App. 1007. Denied.

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STATE v. FORD, 171 Wn.2d 185 (2011)

249 P.3d 97, 250 P.3d 97 THE STATE OF WASHINGTON, Petitioner, v. TYRONE DENTYROLL FORD, Respondent. No. 83617-5.The Supreme Court of Washington.Argued September 23, 2010. Decided March 31, 2011. Appeal from the Superior Court for Clark County, No. 06-1-02432-0, John P. Wulle, J. Page 186 Anthony F. Golik, Prosecuting Attorney, and Abigail E. Hurd, Deputy, […]

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STATE v. HANKINS, 163 Wn.2d 1025 (2008)

State, Respondent, v. Hankins, Petitioner. No. 80461-3.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. 55563-4-I, June 18, 2007, 139 Wn. App. 1015. Denied.

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STATE EX REL. O’CONNELL v. DUBUQUE, 68 Wn.2d 553 (1966)

413 P.2d 972 THE STATE OF WASHINGTON, on the Relation of John J. O’Connell, as Attorney General, Respondent, v. STANLEY DUBUQUE et al., Appellants.[*] No. 38557.The Supreme Court of Washington. En Banc. May 5, 1966. [*] Reported in 413 P.2d 972. [1] Courts — Action — Advisory Opinions — Legislative Request. Although the Supreme Court […]

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STATE v. LEOHNER, 69 Wn.2d 131 (1966)

417 P.2d 368 THE STATE OF WASHINGTON, Respondent, v. ALFRED LEOHNER, Appellant.[*] No. 38219.The Supreme Court of Washington. Department Two. August 11, 1966. [*] Reported in 417 P.2d 368. [1] Criminal Law — Evidence — Other Offenses. Evidence of collateral criminal acts other than that charged is admissible to show the defendant’s motive, intent, absence […]

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STATE EX REL. CAPITOL COMM. v. CLAUSEN, 134 Wn. 196 (1925)

235 P. 364 THE STATE OF WASHINGTON, on the Relation of the State Capitol Committee, Plaintiff, v. C.W. CLAUSEN, as State Auditor, Respondent. No. 19205. Department Two.The Supreme Court of Washington. April 23, 1925. STATES (34) — BONDS — PUBLIC DEBT — LIMITATION — SUBMISSION TO VOTE — CONSTITUTIONAL PROVISIONS. Laws of 1925, p. 61, […]

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AMERICAN SURETY CO. v. GRAYS HARBOR COUNTY, 187 Wn. 164 (1936)

60 P.2d 10 AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. GRAYS HARBOR COUNTY et al., Respondents. No. 26057. Department One.The Supreme Court of Washington. August 8, 1936. [1] INTERPLEADER (1) — OFFICERS (57-1) — LIABILITIES ON OFFICIAL BONDS — EXTENT OF LIABILITY — AFTER JUDGMENT — GROUNDS OF RELIEF — DOUBLE LIABILITY. Where a […]

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PETERSON v. SCHOONOVER, 42 Wn.2d 621 (1953)

257 P.2d 209 C.A. PETERSON, Respondent, v. J.W. SCHOONOVER et al., Appellants.[1] No. 32275.The Supreme Court of Washington. Department One. May 14, 1953. [1] Reported in 257 P.2d 209. [1] APPEAL AND ERROR — REVIEW — FINDINGS. The supreme court will not disturb a finding of the trial court unless it can say that the […]

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CEDELL v. FARMERS INS., 171 Wn.2d 1005 (2011)

249 P.3d 182 Cedell, Petitioner, v. Farmers Ins. Co. of Wash., Respondent. No. 85366-5.The Supreme Court of Washington. March 2, 2011. Petition for review of a decision of the Court of Appeals, No. 38921-5-II, August 3, 2010, 157 Wn. App. 267. Dispositions of Petitions For Review and Selected Motions For Discretionary Review Granted.

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STATE v. LATOURETTE, 171 Wn.2d 1016 (2011)

259 P.3d 144 State, Respondent, v. LaTourette, Petitioner. No. 85620-6.The Supreme Court of Washington. April 26, 2011. Motion for discretionary review of a decision of the Court of Appeals No. 59146-1-I, August 9, 2010, 157 Wn. App. 1030. Granted and remanded with instructions to the Court of Appeals.

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DeLONG v. HI CARBON COAL CO., 155 Wn. 265 (1930)

283 P. 1079 L.B. DeLONG et al., Plaintiff, v. HI CARBON COAL COMPANY, Respondent, L.D. CHILDERS et al., Interveners, CARL FORS, Appellant, JOE WANS, Defendant. No. 21929. Department One.The Supreme Court of Washington. January 16, 1930. [1] LOGS AND LOGGING (24, 28) — LOGS AND LUMBER — PERSONS ENTITLED — CONTRACTORS — NOTICE OF DELIVERY. […]

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STATE v. ROFF, 70 Wn.2d 606 (1967)

424 P.2d 643 THE STATE OF WASHINGTON, Respondent, v. FRANK GARRISON ROFF et al., Appellants.[*] No. 38766.The Supreme Court of Washington. Department One. March 2, 1967. [*] Reported in 424 P.2d 643. [1] Arrest — Sufficient Time to Obtain Warrant — Effect. An arrest without a warrant upon a determination of probable cause was valid […]

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STANKEY v. GODWIN, 158 Wn. 494 (1930)

291 P. 725 FRED STANKEY, et al., Respondents, v. ANNETTE GODWIN, Appellant. No. 22354. Department One.The Supreme Court of Washington. September 22, 1930. [1] EVIDENCE (37) — COMPETENCY — RELEVANCY OF COLLATERAL FACTS. Upon an issue as to whether plaintiff had granted defendant an extension of time for making payment upon a contract of purchase […]

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DISPOSITIONS OF PETITIONS FOR REVIEW, 91 Wn.2d 1010 (1978)

The Supreme Court of Washington. Griggs, et al, Respondents, v. Averbeck Realty, Inc., et al, Defendants, Branch, Petitioner, No. 45766. Petition for review of a decision of the Court of Appeals, July 31, 1978, 20 Wn. App. 1042. Granted December 14, 1978. Knappett, et al, Petitioners, v. Locke, et al, Respondents, No. 45774. Petition for […]

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IN RE MADSEN’S ESTATE, 48 Wn.2d 675 (1956)

296 P.2d 518 In the Matter of the Estate of MORRIS A. MADSEN, Deceased. SHERALD GREENE, Respondent, v. MIRANDA MADSEN, Individually and as Executrix, Appellant.[1] No. 33430.The Supreme Court of Washington. Department Two. April 19, 1956. [1] Reported in 296 P.2d 518. [1] HUSBAND AND WIFE — COMMUNITY PROPERTY — STATUS OF PROPERTY — DATE […]

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APPLEGATE v. APPLEGATE, 53 Wn.2d 635 (1959)

335 P.2d 595 CORAL APPLEGATE, Appellant, v. DOUGLAS G. APPLEGATE, Respondent.[1] No. 34816.The Supreme Court of Washington. Department One. February 19, 1959. [1] Reported in 335 P.2d 595. [1] DIVORCE — APPEAL — REVIEW — BOTH PARTIES SEEKING DIVORCE. In an appeal in a divorce proceeding in which the trial court refused the plaintiff wife […]

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McCULLOCH v. NORTHWESTERN MUT. FIRE ASS’N, 183 Wn. 5 (1935)

48 P.2d 217 J.F. McCULLOCH et al., Respondents, v. NORTHWESTERN MUTUAL FIRE ASSOCIATION, Appellant. No. 25545. Department One.The Supreme Court of Washington. August 12, 1935. [1] INSURANCE (86, 89) — FORFEITURE — CONDITIONS AS TO USE OF PROPERTY — “DWELLING HOUSE PURPOSES.” In an action on a fire insurance policy on a house, “while occupied […]

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INS. POOL v. HEALTH CARE AUTH., 129 Wn.2d 504 (1996)

919 P.2d 62 THE HEALTH INSURANCE POOL, Appellant, v. THE HEALTH CARE AUTHORITY, ET AL., Respondents. No. 63261-8.The Supreme Court of Washington. En Banc.Argued June 12, 1996. Decided July 18, 1996. Page 505 Carney, Badley, Smith Spellman, by Timothy J. Parker an Barbara J. Van Ess, for appellant. Christine O. Gregoire, Attorney General, and Melissa […]

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STATE v. BARTSHE, 136 Wn.2d 1013 (1998)

966 P.2d 1278 State, Respondent, v. Bartshe, Petitioner. No. 66674-1.The Supreme Court of Washington. September 30, 1998. Petition for review of a decision of the Court of Appeals, April 13, 1998, 90 Wn. App. 1022. Denied September 30, 1998. Page 1014

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PACIFIC MUTUAL LIFE INS. CO. v. FISHBACK, 171 Wn. 244 (1933)

17 P.2d 841 THE PACIFIC MUTUAL LIFE INSURANCE COMPANY OF CALIFORNIA, Respondent, v. H.O. FISHBACK, as Insurance Commissioner, Appellant. No. 24265. Department One.The Supreme Court of Washington. January 6, 1933. [1] INSURANCE (125) — RISKS AND CAUSES OF LOSS — LIFE INSURANCE — DEATH — LIMITS — “AVIATION CLAUSE” — INCONTESTABLE CLAUSE — CONFLICT. An […]

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IN RE WILLIAMS, 149 Wn.2d 1026 (2003)

In re Detention of Williams, Petitioner. No. 73434-8.The Supreme Court of Washington. July 8, 2003. Petition for review of a decision of the Court of Appeals, No. 49927-1-I, November 6, 2002. Denied July 8, 2003.

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DAVIS v. GLOBE MACHINE, 102 Wn.2d 68 (1984)

684 P.2d 692 ALICE J. DAVIS, Petitioner, v. GLOBE MACHINE MANUFACTURING COMPANY, INC., Respondent. No. 49923-3.The Supreme Court of Washington. En Banc. June 21, 1984. [1] Products Liability — Negligence — Strict Liability — Relationship. The fact that a product is reasonably safe for purposes of strict liability does not necessarily mean that its manufacturer […]

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LINCOLN COUNTY v. GIBSON, 143 Wn. 372 (1927)

255 P. 119 LINCOLN COUNTY, Respondent, v. MARY A. GIBSON, as Executor of the Estate of C.C. Gibson, Deceased, et al., Appellants. No. 20212. Department Two.The Supreme Court of Washington. April 18, 1927. [1] PAYMENT (7) — BY CHECK. A check issued in payment of an obligation is presumed to have been accepted as payment […]

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