Category: Washington Supreme Court Opinions

144 P.3d 298 THE STATE OF WASHINGTON, Respondent, v. HOWARD HAGAR, Petitioner. No. 77138-3.The Supreme Court of Washington.Argued November 15, 2005. Decided October 12, 2006. Page 370 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 371 Susan F. Wilk (of Washington Appellate […]

647 P.2d 1021 RICHARD J. NIICHEL, ET AL, Appellants, v. LESTER J. LANCASTER, ET AL, Respondents. No. 48220-9.The Supreme Court of Washington. En Banc. July 8, 1982. [1] Statutes — Construction — Meaning of Words — “Shall” — Time of Governmental Action. The term “shall” in a statute Page 621 establishing a time within which […]

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 […]

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 […]

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

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 […]

350 P.2d 1003, 353 P.2d 671 WILMA E. STRINGFELLOW, Respondent, v. VIRGIL O. STRINGFELLOW, Appellant.[1] No. 34787.The Supreme Court of Washington. Department Two. April 7, 1960. [1] Reported in 350 P.2d 1003, 353 P.2d 671. [1] TRIAL — TRIAL BY COURT — FINDINGS OF FACT — POWER TO MAKE. The power to resolve factual disputes […]

253 P.3d 392 State, Respondent, v. Berube, Petitioner. No. 85550-1.The Supreme Court of Washington. April 27, 2011. Petition for review of a decision of the Court of Appeals No. 64386-0-I, January 3, 2011, 159 Wn. App. 1010. Denied.

1 P.2d 301 LORRAINE P. LUND et al., Respondents, v. CITY OF SEATTLE et al., Appellants. No. 22945. Department Two.The Supreme Court of Washington. June 30, 1931. [1] MUNICIPAL CORPORATIONS (569) — CLAIM FOR INJURY — VERIFICATION AND PROOF — ON BEHALF OF MINOR. Rem. Comp. Stat., § 183, providing that only the personal representative […]

288 P.2d 852 In the Matter of the Estate of DAISY I. CAMPBELL, Deceased. EVANS E. COLLIAS, Appellant, v. GUNDA J. BERGE, as Coexecutrix, et al., Respondents.[1] No. 33335.The Supreme Court of Washington. Department Two. October 20, 1955. [1] Reported in 288 P.2d 852. [1] WILLS — PROBATE — PARTIES AND NOTICE. RCW 11.20.020, relating […]

4 P.2d 880 THE STATE OF WASHINGTON, Respondent, v. FRANK B. MARTIN, Appellant. No. 23088. En Banc.The Supreme Court of Washington. November 10, 1931. [1] CRIMINAL LAW (199) — TRIAL — LIST OF WITNESSES — COMPLIANCE BY STATE. By indorsing the names of witnesses on the information and filing it with the clerk, the state […]

917 P.2d 130 State, Respondent, v. Wright, Petitioner. No. 63692-3.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. 1065. Denied May 8, 1996.

189 P.3d 126 State, Respondent, v. Pleasant, Petitioner. No. 80668-3.The Supreme Court of Washington. June 4, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 21922-4-III, July 31, 2007, 139 Wn. App. 1091. Granted And Remanded To The Court […]

35 P.2d 24 THE STATE OF WASHINGTON, on the Relation of Northwestern National Insurance Company, Appellant, v. WILLIAM A. SULLIVAN, as State Insurance Commissioner, Respondent. No. 25158. Department Two.The Supreme Court of Washington. August 4, 1934. [1] INSURANCE (1) — CONTROL AND REGULATION — LICENSE TO DO BUSINESS — RATES — AUTHORITY TO FIX. The […]

358 P.2d 955 THE STATE OF WASHINGTON, Respondent, v. MICHAEL A. WEST, Appellant.[1] No. 35429.The Supreme Court of Washington. Department One. January 26, 1961. [1] Reported in 358 P.2d 955. [1] CRIMINAL LAW — APPEAL FROM JUSTICE AND POLICE COURTS — DILIGENCE. RCW 10.10.010, prescribing the procedure for appeal to a superior court from justice […]

446 P.2d 339 THE STATE OF WASHINGTON, Respondent, v. LEO L. WINGARD, Appellant.[†] No. 40119.The Supreme Court of Washington. Department One. October 31, 1968. [†] Reported in 446 P.2d 339. Appeal from an order of the Superior Court for Pierce County, No. 29850, Horace G. Geer, J., entered December 26, 1967 Affirmed. Prosecution for forgery. […]

820 P.2d 497 BERNARD KENDALL, ET AL, Appellants, v. DOUGLAS, GRANT, LINCOLN, AND OKANOGAN COUNTIES PUBLIC HOSPITAL DISTRICT NO. 6, Respondent. No. 58122-3.The Supreme Court of Washington. En Banc. December 5, 1991. [1] Judgment — Summary Judgment — Burden on Nonmoving Party — Averment of Specific Facts — Necessity. Once a party seeking a summary […]

720 P.2d 818 KITSAP COUNTY, Respondent, v. KEV, INC., Appellant. No. 52185-9.The Supreme Court of Washington. En Banc. June 12, 1986. [1] Nuisance — Public Nuisance — What Constitutes. An activity which is conducted in plain violation of state or local laws, or which affects an entire neighborhood by violating the comfort, repose, health, or […]

424 P.2d 302 THE STATE OF WASHINGTON, Respondent, v. HARRY LEE DODD, Appellant. In the Matter of the Application for a Writ of Habeas Corpus of HARRY LEE DODD, Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.[*] Nos. 39007, 38990.The Supreme Court of Washington. Department One. February 20, 1967. [*] Reported in […]

122 P.2d 484 ERIC ANDERSON, Appellant, v. HARRY S. ALLISON et al., Respondents.[1] No. 28597.The Supreme Court of Washington. Department Two. February 19, 1942. [1] Reported in 122 P.2d 484. [1] WORKMEN’S COMPENSATION — EFFECT ON OTHER RIGHTS OF ACTION — MALPRACTICE. Under the workmen’s compensation act, an injured workman receiving compensation thereunder for an […]

171 P.3d 1056 State, Respondent, v. Calhoun, Petitioner. No. 80335-8.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. 55469-7-I, April 23, 2007, 138 Wn. App. 1011. Denied.

224 P.2d 617 THE CITY OF EVERETT, Respondent, v. WILLIAM A. JOHNSON et al., Appellants.[1] No. 31425.The Supreme Court of Washington. Department One. November 30, 1950. [1] Reported in 224 P.2d 617. [1] JUSTICES OF THE PEACE — OFFICERS — NATURE OF OFFICE. A justice of the peace is a public officer. [2] SAME — […]

573 P.2d 1298 THE STATE OF WASHINGTON, Petitioner, v. TONY FRANULOVICH, Respondent. No. 44521.The Supreme Court of Washington. En Banc. January 19, 1978. [1] Judges — Disqualification — Affidavit of Prejudice — Discretion of Court. A party’s affidavit of prejudice involves no question of fact or trial court discretion and a transfer to another judge […]

580 P.2d 1093 In the Matter of the Disciplinary Proceeding Against MARIE M. DONOHOE, an Attorney at Law. No. C.D. 5513.The Supreme Court of Washington. En Banc. June 8, 1978. [1] Attorney and Client — Discipline — Briefs — Time Limitation — Applicable Rules. The time limits contained in Discipline Rule for Attorneys 6.4 govern […]

972 P.2d 466 Mona Lisa Estates Partners, Petitioner, v. Carter, et al., Respondents. No. 67035-8.The Supreme Court of Washington. Denied December 2, 1998. Petition for review of a decision of the Court of Appeals, June 8, 1998, 91 Wn. App. 1021.

19 P.2d 392 JOE GOODIER, Appellant, v. STEVE H. HAMILTON et al., Respondents. No. 24113. En Banc.The Supreme Court of Washington. February 24, 1933. [1] CONTRACTS (41, 49) — VALIDITY — LEGALITY OF OBJECT — PUBLIC POLICY — PERVERTING ADMINISTRATION OF JUSTICE. Defendant’s contract to pay one thousand dollars to plaintiff if plaintiff would take […]

18 P.2d 43 AGNES HANSEN, Respondent, v. EDLEF H. AHRENS, Appellant. No. 24039. Department Two.The Supreme Court of Washington. January 25, 1933. [1] LANDLORD AND TENANT (15) — LEASES — CONSTRUCTION — CONDITIONS — SUBMISSION TO LANDLORD OF PLANS FOR IMPROVEMENTS. A lease requiring the lessee to submit plans for and erect a new building […]

802 P.2d 1333 THE CITY OF SEATTLE, Petitioner, v. ARLANDER D. WEBSTER, Respondent. No. 56959-2.The Supreme Court of Washington. En Banc. December 6, 1990. [1] Criminal Law — Statutes — First Amendment — Facial Challenge. A facial challenge to a legislative enactment made on First Amendment grounds requires the court to analyze the language of […]

337 P.2d 37 JOE DAMAN, Respondent, v. WALTON LUMBER COMPANY, Appellant.[1] No. 34597.The Supreme Court of Washington. Department One. March 26, 1959. [1] Reported in 337 P.2d 37. [1] LOGS AND LOGGING — CONTRACTS — CONSTRUCTION. In an action by the seller for an amount allegedly due under a contract for the sale of logs […]

966 P.2d 1278 State, Petitioner, v. Duncan, Respondent. No. 66856-6.The Supreme Court of Washington. September 30, 1998. Petition for review of a decision of the Court of Appeals, April 14, 1998, 90 Wn. App. 808. Denied September 30, 1998.

199 P.2d 89 In the Matter of the Estate of MARTHA J. KNIGHT, Deceased.[1] No. 30578.The Supreme Court of Washington. Department One. November 8, 1948. [1] Reported in 199 P.2d 89. [1] INSURANCE — DEFINITION. “Insurance” is an agreement whereby one person, for a consideration, promises to pay money or its equivalent, or to perform […]

960 P.2d 937 State, Respondent, v. Clark, Petitioner. No. 66519-2.The Supreme Court of Washington. July 8, 1998. Petition for review of a decision of the Court of Appeals, December 1, 1997, 88 Wn. App. 1041. Denied July 8, 1998.

339 P.2d 457 EMORY C. SLATER et al., Appellants, v. LEO W. MURPHY et al., Respondents.[1] No. 34861.The Supreme Court of Washington. Department Two. May 21, 1959. [1] Reported in 339 P.2d 457. [1] REFORMATION OF INSTRUMENTS — MUTUAL MISTAKE — EVIDENCE TO ESTABLISH. The evidence to justify the reformation of a deed on the […]

190 P.2d 575 KATY TOGLIATTI, Respondent, v. LULU MORELLO ROBERTSON, Individually and as Administratrix, Appellant.[1] No. 30245.The Supreme Court of Washington. En Banc. February 25, 1948. [1] Reported in 190 P.2d 575. [1] DIVORCE — ABATEMENT AND REVIVAL — DEATH OF PARTY. Where one of the parties to a divorce action dies before the entry […]

427 P.2d 1000 VERN L. COX et al., Appellants, v. JAMES E. STOUT et al., Respondents.[*] No. 38580.The Supreme Court of Washington. Department Two. June 1, 1967. [*] Reported in 427 P.2d 1000. [1] Contracts — Rescission — Fraud. A party seeking rescission of a contract for the sale of land on the grounds of […]

141 P.3d 1 COWLITZ STUD COMPANY, Respondent, v. DANA CLEVENGER ET AL., Petitioners. No. 77267-3.The Supreme Court of Washington.Argued March 16, 2006. Decided August 17, 2006. Page 570 Robert R. Hall; and Robert M. McKenna, Attorney General, John R. Wasberg and Jay D. Geck, Senior Counsel, and Steve R. Vinyard, Assistant, for petitioners. Craig A. […]

324 P.2d 264 DAVID KUYATH, Respondent, v. ANDERSON CONSTRUCTION COMPANY, Appellant.[1] No. 34475.The Supreme Court of Washington. Department One. April 17, 1958. [1] Reported in 324 P.2d 264. [1] APPEAL AND ERROR — REVIEW — FINDINGS. Findings of fact which are supported by the record will not be disturbed. [2] SAME — REVIEW — HARMLESS […]

171 P.2d 199 In the Matter of the Estate of G.R. HAUKELI, Deceased. KNUTE HAUKELI et al., Appellants, v. PAULINE HAUKELI, as Administratrix, Respondent.[1] No. 29876.The Supreme Court of Washington. Department One. July 8, 1946. [1] Reported in 171 P.2d 199. [1] EXECUTORS AND ADMINISTRATORS — ALLOWANCE TO SURVIVING WIFE — PROPERTY IN LIEU OF […]