114 P.2d 965 WASHINGTON SECURITY COMPANY, Respondent, v. THE STATE OF WASHINGTON et al., Appellants.[1] No. 28114.The Supreme Court of Washington. En Banc. June 13, 1941. [1] Reported in 114 P.2d 965. [1] PUBLIC LANDS — WRONGFUL SALE BY STATE — RIGHT TO REFUND. Where the state purports to sell shorelands which it does not […]
Category: Washington Supreme Court Opinions
ORWICK v. SEATTLE, 103 Wn.2d 249 (1984)
692 P.2d 793 JOHN W. ORWICK, ET AL, Petitioners, v. THE CITY OF SEATTLE, Respondent. No. 50714-7.The Supreme Court of Washington. En Banc. December 13, 1984. [1] Courts — Jurisdiction — Subject Matter — Determination. Whether an action is within a particular court’s subject matter jurisdiction depends upon the nature of the action and the […]
WINGARD v. HEINKEL, 70 Wn.2d 730 (1967)
424 P.2d 1010 LEO L. WINGARD, Appellant, v. GEORGE HEINKEL, JR., et al., Respondents.[*] No. 38642.The Supreme Court of Washington. Department Two. March 16, 1967. [*] Reported in 424 P.2d 1010. [1] Taxation — Foreclosure and Sale — Description of Property — Jurisdiction. Although a county is not an insurer of title, it has the […]
FINANCE INSURANCE AGENCY v. HERREN, 139 Wn. 499 (1926)
247 P. 948 FINANCE INSURANCE AGENCY, Appellant, v. HUGH HERREN et al., Respondents. FINANCE INSURANCE AGENCY, Appellant, v. M.J. CALLAHAN et al., Respondents. No. 19892. Department Two.The Supreme Court of Washington. July 14, 1926. [1] EVIDENCE (50) — COMPETENCY — MATTERS EXPLANATORY OF FACTS IN EVIDENCE. The absence of account books bearing upon issues may […]
STATE v. HENRY, 143 Wn. 39 (1927)
254 P. 460 THE STATE OF WASHINGTON, Respondent, v. BERNARD HENRY, Appellant. No. 20389. Department Two.The Supreme Court of Washington. March 28, 1927. [1] CRIMINAL LAW (449) — APPEAL — HARMLESS ERROR — EXCLUSION OF EVIDENCE. In a prosecution for rape, it is not an abuse of discretion requiring a new trial to reject an […]
STATE v. WEBB, 150 Wn.2d 1036 (2004)
State, Respondent, v. Webb, Petitioner. No. 74237-5.The Supreme Court of Washington. En Banc. February 4, 2004. Petition for review of a decision of the Court of Appeals, Nos. 26816-7-II, 27856-1-II, October 18, 2002, 114 Wn. App. 1002. Denied.
STATE v. TURNER, 165 Wn.2d 1010 (2008)
State, Respondent, v. Turner, Petitioner. No. 81781-2.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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 58968-7-I, April 14, 2008, 143 Wn. App. 1058. Denied.
DISPOSITIONS OF PETITIONS FOR REVIEW, 90 Wn.2d 1006 (1978)
The Supreme Court of Washington. Earhart, Petitioner, v. Perez, Respondent, No. 45320. Petition for review of a decision of the Court of Appeals, December 15, 1977, 18 Wn. App. 1052. Denied May 19, 1978. In re Anderson. Anderson, Respondent, v. Anderson, Petitioner, No. 45317. Petition for review of a decision of the Court of Appeals, […]
DOYLE v. DOYLE, 190 Wn. 533 (1937)
69 P.2d 805 VERNON DOYLE, Respondent, v. CARRIE M. DOYLE, Appellant. No. 26540. Department Two.The Supreme Court of Washington. June 28, 1937. [1] APPEAL AND ERROR — REVIEW — SCOPE — APPEALS FROM PART OF JUDGMENT. Where an appeal from a judgment excepts that portion of the decree granting a divorce, appellant can not assert […]
LECTUS, INC. v. RAINIER NAT’L BANK, 97 Wn.2d 584 (1982)
647 P.2d 1001 LECTUS, INC., Petitioner, v. RAINIER NATIONAL BANK, ET AL, Respondents. No. 47721-3.The Supreme Court of Washington. En Banc. July 8, 1982. [1] Frauds, Statute of — Contracts Not To Be Performed in 1 Year — Payment Period. Under the statute of frauds (RCW 19.36.010), an oral contract calling for payment over a […]
DELVENDAHL CO. v. LYDON, 171 Wn. 551 (1933)
18 P.2d 492 J.R. DELVENDAHL COMPANY, Plaintiff, v. JOHN E. LYDON et al., Respondents, UNITED STATES FIDELITY GUARANTY COMPANY, Appellant. No. 24079. Department One.The Supreme Court of Washington. January 31, 1933. [1] PRINCIPAL AND SURETY (23 1/2) — DISCHARGE OF SURETY — CHANGE IN BUILDING CONTRACT. In an action on a building contractor’s bond, the […]
IN RE CAPLINGER, 89 Wn.2d 828 (1978)
576 P.2d 48 In the Matter of the Disciplinary Proceeding Against JAMES J. CAPLINGER, an Attorney at Law. No. C.D. 4130.The Supreme Court of Washington. En Banc. March 16, 1978. [1] Attorney and Client — Discipline — Misappropriation of Funds — Fraudulent Intent — Necessity. An attorney’s withholding of a client’s money or his appropriation […]
OPENDACK v. MADDING, 69 Wn.2d 171 (1966)
417 P.2d 849 HENRY OPENDACK et al., Appellants, v. SYLVESTER MADDING et al., Respondents.[*] No. 38186.The Supreme Court of Washington. Department Two. August 25, 1966. [*] Reported in 417 P.2d 849. [1] Appeal and Error — Disposition of Cause — Inadequacy of Findings. The Supreme Court will vacate the judgment and remand a nonjury case […]
MILLER v. WESTERN STEVEDORE CO., 149 Wn. 698 (1928)
270 P. 310 JOSEPH MILLER, Appellant, v. WESTERN STEVEDORE COMPANY, Respondent. No. 21130. Department Two.The Supreme Court of Washington. September 25, 1928. Appeal from a judgment of the superior court for King county, Jones, J., entered October 14, 1927, dismissing, at the close of plaintiff’s case, an action for personal injuries sustained by a stevedore […]
STATE v. BOUCHER, 151 Wn.2d 1013 (2004)
State, Respondent, v. Boucher, Petitioner. No. 74479-3.The Supreme Court of Washington. April 6, 2004. Petition for review of a decision of the Court of Appeals, No. 28815-0-II, August 12, 2003, 118 Wn. App. 1005. Denied April 6, 2004. Page 1014
ALLEN v. GRAAF, 179 Wn. 431 (1934)
38 P.2d 236 JOHN W. ALLEN, as Receiver and Liquidator of Puget Sound Savings Loan Association, Respondent, v. GUST WILLIAM GRAAF, Appellant, CHARLES F. CLISE, as Trustee, et al., Respondents. No. 25033. Department Two.The Supreme Court of Washington. November 30, 1934. [1] MORTGAGES (14, 23) — REQUISITES AND VALIDITY — ABSOLUTE DEED AS MORTGAGE — […]
STATE v. SWIRTZ, 165 Wn.2d 1046 (2009)
State, Respondent, v. Swirtz, Petitioner. No. 82391-0.The Supreme Court of Washington. April 28, 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. 60662-0-I, October 6, 2008, 146 Wn. App. 1070. Denied.
SECURITY STATE BANK v. ADKINS, 134 Wn. 94 (1925)
235 P. 18 SECURITY STATE-BANK, Appellant, v. H. ADKINS et al., Respondents. No. 18943. Department One.The Supreme Court of Washington. April 16, 1925. BILLS AND NOTES (1, 19) — PRINCIPAL AND AGENT (36 1/2) — EXECUTION — SIGNATURE — LIABILITY — STATUTES. Under Rem. Comp. Stat., § 3409, providing that no person is liable upon […]
ANTONIUS v. KING COUNTY, 153 Wn.2d 256 (2004)
103 P.3d 729 ROSE ANTONIUS, Respondent, v. KING COUNTY, Petitioner. No. 74759-8.The Supreme Court of Washington.Argued September 30, 2004. Decided December 23, 2004. Page 257 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 258 Norm Maleng, Prosecuting Attorney, and Diane H. Taylor […]
STATE v. BERG, 35 Wn.2d 177 (1949)
211 P.2d 710 THE STATE OF WASHINGTON, Respondent, v. CYRIL MELVIN BERG, Appellant.[1] No. 30975.The Supreme Court of Washington. Department Two. November 23, 1949. [1] Reported in 211 P.2d 710. [1] CRIMINAL LAW — APPEAL — JURISDICTIONAL STEPS — FILING OF TRANSCRIPT — SERVICE OF NOTICE OF APPEAL. An appeal in a criminal cause will […]
STATE v. JONES, 163 Wn.2d 1037 (2008)
State, Respondent, v. Jones, Petitioner. No. 80750-7.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. 57838-3-I, July 23, 2007, 139 Wn. App. 1068. Denied.
BOND v. BURROWS, 103 Wn.2d 153 (1984)
690 P.2d 1168 RICHARD M. BOND, ET AL, Appellants, v. DONALD R. BURROWS, Respondent. No. 49835-1.The Supreme Court of Washington. En Banc. November 21, 1984. [1] Taxation — Uniformity — Release or Commutation of State Tax — Scope of Prohibition. A tax levied for state purposes must be uniform throughout all counties of the state. […]
STATE v. HARTNESS, 147 Wn. 315 (1928)
265 P. 742 THE STATE OF WASHINGTON, Respondent, v. CHAS. HARTNESS et al., Appellants. No. 21114. Department Two.The Supreme Court of Washington. April 3, 1928. [1] CRIMINAL LAW (232) — TRIAL — OBJECTIONS TO EVIDENCE — WAIVER. An objection to the introduction of evidence obtained by illegal seizure cannot be urged on appeal, where the […]
STATE v. TURNER, 165 Wn.2d 1016 (2009)
State, Respondent, v. Turner, Petitioner. No. 81949-1.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. 59153-3-I, July 21, 2008, 145 Wn. App. 899. Denied.
HOLBERT v. WILSON, 156 Wn. 704 (1930)
288 P. 275 SAMUEL B. HOLBERT, Appellant, v. SAMUEL J. WILSON et al., Respondents. No. 22297. Department Two.The Supreme Court of Washington. May 19, 1930. Appeal from a judgment of the superior court for Spokane county, Witt, J., entered March 27, 1929, in favor of the defendants, in an action for equitable relief, tried to […]
TeSELLE v. TERPSTRA, 180 Wn. 73 (1934)
38 P.2d 379 ALYDA TeSELLE, as Administratrix, Appellant, v. WILBURN H. TERPSTRA, Respondent. No. 25148. Department One.The Supreme Court of Washington. December 18, 1934. [1] NEGLIGENCE (23) — IMPUTED NEGLIGENCE — DRIVER’S NEGLIGENCE IMPUTABLE TO GUEST. One who hires a truck, not licensed to carry passengers, to move furniture and who, with consent of the […]
SMITH TUG BARGE v. COLUMBIA-PAC., 78 Wn.2d 975 (1971)
482 P.2d 769 SMITH TUG BARGE CO., et al., Respondents, v. COLUMBIA-PACIFIC TOWING CORPORATION and BERT L. COLE, as Commissioner of Public Lands, Appellants. MARIBETH W. COLLINS et al., Respondents, v. RAINIER MANUFACTURING CO. and BERT L. COLE, as Commissioner of Public Lands, Appellants.[*] No. 41225.The Supreme Court of Washington. En Banc. March 11, 1971. […]
RANDA v. BEAR, 50 Wn.2d 415 (1957)
312 P.2d 640 G. RANDA, Respondent, v. ANN BEAR, Respondent, GRAYS HARBOR COUNTY MEDICAL SERVICE BUREAU, Appellant.[1] No. 33909.The Supreme Court of Washington. Department Two. June 13, 1957. [1] Reported in 312 P.2d 640. [1] WITNESSES — STATUTES — PRIVILEGED COMMUNICATIONS — PHYSICIANS — STATUTES IN DEROGATION OF COMMON LAW — STRICT CONSTRUCTION. At common […]
IN RE DeNISSON, 197 Wn. 265 (1938)
84 P.2d 1024 In the Matter of the Guardianship of FERN P. DeNISSON, an Incompetent Person. A.C. DeNISSON, Respondent, v. NATIONAL BANK OF COMMERCE OF SEATTLE, as Guardian, Appellant. No. 27254. Department Two.The Supreme Court of Washington. December 8, 1938. [1] GUARDIAN AND WARD — CUSTODY AND CARE OF INSANE WARD — HEARING — REPRESENTATION. […]
WARREN, McKERNAN EVERS v. IVEY, 156 Wn. 171 (1930)
286 P. 27 WARREN, McKERNAN EVERS, Appellant, v. EDWIN IVEY et al., Respondents. No. 21742. En Banc.The Supreme Court of Washington. March 31, 1930. [1] BROKERS (13) — CONTRACTS (86) — BUILDING CONTRACTS — PERFORMANCE — ACCEPTANCE — ARBITRARY REFUSAL. A contract for a ninety-nine year lease with option to purchase, to be given to […]
HOOVER v. PIERCE COUNTY, 129 Wn.2d 1007 (1996)
917 P.2d 129 Hoover, et al., Petitioners, v. Pierce County, Respondent. No. 63667-2.The Supreme Court of Washington. May 7, 1996. Petition for review of a decision of the Court of Appeals, October 3, 1995, 79 Wn. App. 427. Denied May 7, 1996.
STATE v. GARCIA, 125 Wn.2d 239 (1994)
883 P.2d 1369 THE STATE OF WASHINGTON, Petitioner, v. JESUS CORDERO GARCIA, Respondent. No. 61741-4.The Supreme Court of Washington. En Banc. November 17, 1994. [1] Arrest — Detention for Questioning — Validity — Test. An investigative stop is valid when a police officer has specific and articulable facts that, taken together with the rational inferences […]
NISSEN v. OBDE, 58 Wn.2d 638 (1961)
364 P.2d 513 GLEN NISSEN et al., Respondents, v. FRED OBDE et al., Appellants.[*] No. 35667.The Supreme Court of Washington. Department Two. August 31, 1961. [*] Reported in 364 P.2d 513. [1] ACTION — CONSISTENT REMEDIES — SATISFACTION OF CLAIM. The satisfaction of a claim by one remedy, forecloses the pursuance of another remedy for […]
LEO v. LOCAL UNION ETC., 26 Wn.2d 498 (1946)
174 P.2d 523 HOWARD A. LEO et al., Appellants, v. LOCAL UNION NO. 612 OF INTERNATIONAL UNION OF OPERATING ENGINEERS et al., Respondents.[1] No. 29792.The Supreme Court of Washington. En Banc. November 25, 1946. [1] Reported in 174 P.2d 523. [1] TRADE UNIONS — ASSOCIATIONS — PROCEEDINGS AGAINST MEMBERS — PROVISIONS OF CONSTITUTION OF UNION […]
STATE v. SHOCKEY, 153 Wn.2d 1022 (2005)
State, Respondent, v. Shockey, Petitioner. No. 75737-2.The Supreme Court of Washington. March 1, 2005. Petition for review of a decision of the Court of Appeals, No. 21200-9-III, June 10, 2004. Denied
PERS. RESTRAINT OF HINTON, 152 Wn.2d 853 (2004)
100 P.3d 801 In the Matter of the Personal Restraint of JESSE HINTON, ET AL., Petitioners. No. 73504-2.The Supreme Court of Washington.Argued October 28, 2003. Decided November 18, 2004. Page 854 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 855 Jesse Hinton, […]
QUADRANT CORP. v. AM. STATES INS. CO., 154 Wn.2d 165 (2005)
110 P.3d 733 THE QUADRANT CORPORATION ET AL., Petitioners, v. AMERICAN STATES INSURANCE COMPANY ET AL., Respondents. No. 74663-0.The Supreme Court of Washington.Argued September 28, 2004. Decided April 28, 2005. Page 166 Dan’L W. Bridges (of Law Offices of Dan’L W. Bridges), Bellevue, WA for petitioners. Mary R. DeYoung (of Reed McClure), Seattle, WA for […]
McCLURE v. CALISPELL DUCK CLUB, 157 Wn. 136 (1930)
288 P. 217 ANNA McCLURE, Appellant, v. CALISPELL DUCK CLUB, Respondent. No. 22299. Department One.The Supreme Court of Washington. May 27, 1930. [1] APPEAL AND ERROR (432) — REVIEW — HARMLESS ERROR — NOT ENTITLED TO SUCCEED IN ANY EVENT. Error can not be assigned on refusing a jury trial, where under the evidence the […]
IN RE HAMMAR, 134 Wn. 51 (1925)
234 P. 1018 In the Matter of the Application of FRED H.J. HAMMAR for a Writ of Habeas Corpus. No. 19136. Department One.The Supreme Court of Washington. April 15, 1925. HABEAS CORPUS (8-2) — GROUNDS FOR RELIEF — CONSTITUTIONALITY OF STATUTE. On habeas corpus to release one convicted of the violation of an act, the […]
McNALL v. SMITH, 189 Wn. 662 (1937)
66 P.2d 316 OREN L. McNALL et al., Appellants, v. MARY A. SMITH, Respondent. No. 26537. Department Two.The Supreme Court of Washington. April 2, 1937. [1] CANCELLATIONS OF INSTRUMENTS (5, 23 1/2) — DEEDS (21-1) — VALIDITY — CAPACITY AND ASSENT OF PARTIES — UNDUE INFLUENCE — EVIDENCE — SUFFICIENCY. In an action to cancel […]
MOREHOUSE v. EVERETT, 136 Wn. 112 (1925)
238 P. 897 EDITH M. GLICK MOREHOUSE, Respondent, v. THE CITY OF EVERETT, Appellant. No. 19275. Department One.The Supreme Court of Washington. September 3, 1925. APPEAL (406) — REVIEW — DISCRETION — NEW TRIAL — ORDER DISPOSING OF MOTION. Where the formal order granting a new trial does not affirmatively show that it was based […]
VOGT v. CURTIS, 200 Wn. 692 (1939)
94 P.2d 761 CLARA VOGT, Appellant, v. WHITNEY CURTIS et al., Respondents. No. 27636. Department Two.The Supreme Court of Washington. October 17, 1939. [1] NEW TRIAL — GROUNDS — MISCONDUCT OF JURY — MANNER OF ARRIVING AT VERDICT — CHANCE OR LOT. A new trial is properly granted for misconduct of three jurors, where it […]
VAN COURT v. LODGE CAB CO., 198 Wn. 530 (1939)
89 P.2d 206 WILLIAM A. VAN COURT et al., Respondents, v. LODGE CAB COMPANY et al., Appellants. No. 27305. Department One.The Supreme Court of Washington. April 13, 1939. [1] MASTER AND SERVANT — AUTOMOBILES — LIABILITY FOR INJURIES TO THIRD PERSONS — OWNERSHIP OF VEHICLE — COURSE OF EMPLOYMENT — PRESUMPTIONS. In tort actions, admission […]
STATE EX REL. BERGER v. ALLEN, 186 Wn. 403 (1936)
58 P.2d 293 THE STATE OF WASHINGTON, on the Relation of George Berger et al., Plaintiff, v. CLAY ALLEN, as Judge of the Superior Court for King County, Respondent. No. 26126. Department Two.The Supreme Court of Washington. June 4, 1936. [1] BUILDING AND LOAN ASSOCIATIONS (11-1) — LIQUIDATION — RECEIVER. Where a savings and loan […]
CITY OF SPOKANE VALLEY v. SPOKANE COUNTY, 165 Wn.2d 1024 (2009)
City of Spokane Valley, Petitioner, v. Spokane County et al., Respondents. No. 82006-6.The Supreme Court of Washington. February 4, 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. 26268-5-III, July 15, 2008, 145 Wn. App. 825. Denied
STATE v. WOODS, 151 Wn.2d 1015 (2004)
State, Respondent, v. Woods, Petitioner. No. 74506-4.The Supreme Court of Washington. April 6, 2004. Petition for review of a decision of the Court of Appeals, No. 21051-1-III, August 21, 2003, 118 Wn. App. 1021. Denied April 6, 2004.
DISPOSITIONS OF PETITIONS FOR REVIEW, 112 Wn.2d 1019 (1989)
The Supreme Court of Washington. Bouscher, Petitioner, v. Pierce County, et al, Respondents, No. 55974-1. Petition for review of a decision of the Court of Appeals, No. 12300-2-II, January 12, 1989. Denied May 9, 1989. In re Coiley, No. 55953-8. Petition for review of a decision of the Court of Appeals, December 1, 1988, 52 […]
SHEPPARD v. BLACKSTOCK LUMBER, 85 Wn.2d 929 (1975)
540 P.2d 1373 GENE W. SHEPPARD, Appellant, v. BLACKSTOCK LUMBER COMPANY, INC., et al, Respondents. No. 43605.The Supreme Court of Washington. En Banc. October 9, 1975. [1] Pensions — Retirement Benefits — Nature — In General. Retirement benefits are deferred compensation, not gratuities, and the obligation to pay such pension benefits is in the nature […]
IN RE NEISZ’S ESTATE, 152 Wn. 336 (1929)
277 P. 849 In the Matter of the Estate of JOHN F. NEISZ, Deceased. RALPH M. NEISZ, Appellant, v. ANNA H. NEISZ, as Administratrix, Respondent. No. 21393. Department Two.The Supreme Court of Washington. May 27, 1929. [1] HUSBAND AND WIFE (58) — EVIDENCE AS TO CHARACTER OF PROPERTY — PRESUMPTIONS — STATUS AT TIME OF […]
STATE EX REL. DAVIS v. CLAUSEN, 160 Wn. 618 (1931)
295 P. 751 THE STATE OF WASHINGTON, on the Relation of Arthur W. Davis et al., Plaintiff, v. C.W. CLAUSEN, as State Auditor, Respondent. No. 22925. En Banc.The Supreme Court of Washington. February 11, 1931. [1] STATES (23-1, 25) — FISCAL MANAGEMENT — COLLECTION AND CUSTODY OF FUNDS — NECESSITY FOR APPROPRIATION — STATUTES. Revenues […]
ALASKA NAT’L INS. v. BRYAN, 155 Wn.2d 1007 (2005)
120 P.3d 577 Alaska Nat’l Ins. Co. et al., Respondents, v. Bryan et al., Petitioners. No. 76642-8.The Supreme Court of Washington. September 8, 2005. Petition for review of a decision of the Court of Appeals, No. 52894-7-I, November 8, 2004, 124 Wn. App. 1004. Denied.
STATE EX REL. EDELSTEIN v. HUNEKE, 140 Wn. 385 (1926)
249 P. 784 THE STATE OF WASHINGTON, on the Relation of Isadore R. Edelstein, Plaintiff, v. WILLIAM A. HUNEKE, Judge, Defendant. No. 19851. En Banc.The Supreme Court of Washington. October 4, 1926. [1] CRIMINAL LAW (460) — PUNISHMENT OF SUBSEQUENT OFFENSES — TIME FOR DETERMINATION OF ISSUE. Under the habitual criminal statute, Rem. Comp. Stat., […]
STATE v. BROWN, 35 Wn.2d 379 (1949)
213 P.2d 305 THE STATE OF WASHINGTON, Respondent, v. DONALD K. BROWN, Appellant.[1] No. 30993.The Supreme Court of Washington. Department Two. December 31, 1949. [1] Reported in 213 P.2d 305. [1] CRIMINAL LAW — TRIAL — INSTRUCTIONS — EXACT TIME OF OFFENSE — WHEN NECESSARY. In a prosecution for sodomy, alleged in one count of […]
STATE v. JACKSON, 156 Wn.2d 1029 (2006)
133 P.3d 474 State, Respondent, v. Jackson, Petitioner. No. 77669-5.The Supreme Court of Washington. April 4, 2006. Petition for review of a decision of the Court of Appeals, No. 30980-7-II, August 16, 2005, 129 Wn.App. 95. Denied
STATE v. PASCHALL, 197 Wn. 582 (1939)
85 P.2d 1046 THE STATE OF WASHINGTON, Respondent, v. F.H. PASCHALL et al., Appellants. No. 27222. Department One.The Supreme Court of Washington. January 3, 1939. [1] CRIMINAL LAW — PARTIES TO OFFENSES — PRINCIPALS AND ACCESSORIES. Where, as to each of the episodes of a tragedy resulting in death, there was sufficient evidence to connect […]
IN RE ELLERN, 29 Wn.2d 527 (1947)
188 P.2d 146 In the Matter of WILLIAM C. ELLERN, an Insane Person. WILLIAM C. ELLERN, Appellant, v. THE SUPERIOR COURT FOR SPOKANE COUNTY, Respondent.[1] No. 30175.The Supreme Court of Washington. Department Two. December 26, 1947. [1] Reported in 188 P.2d 146. [1] JUDGMENT — VACATION — PROCEEDINGS TO VACATE — RAISING ISSUE OF FACT […]
STATE EX REL. PETER v. LISTMAN, 157 Wn. 229 (1930)
288 P. 913 THE STATE OF WASHINGTON, on the Relation of Allen R. Peter, Appellant, v. GEORGE P. LISTMAN, et al., Respondents. No. 22302. Department One.The Supreme Court of Washington. June 2, 1930. [1] MANDAMUS (85) — ANSWER — TIME FOR FILING — WAIVER. Objection that an answer to an alternative writ of mandamus should […]
STATE v. GINN, 157 Wn.2d 1010 (2006)
139 P.3d 349 STATE, Petitioner v. GINN, Respondent. No. 77892-2.The Supreme Court of Washington. July 6, 2006. Petition for review of a decision of the Court of Appeals, No. 31386-3-II, August 9, 2005, 128 Wn. App. 872. Denied. Page 1011
CALVARY BIBLE PRESB. v. BD. OF REGENTS, 72 Wn.2d 912 (1967)
436 P.2d 189 CALVARY BIBLE PRESBYTERIAN CHURCH OF SEATTLE et al., Appellants, v. BOARD OF REGENTS OF THE UNIVERSITY OF WASHINGTON, Respondent.[*] No. 39226.The Supreme Court of Washington. En Banc. December 28, 1967. [*] Reported in 436 P.2d 189. [1] States — Officers — Validity of Official Acts — Standing to Challenge. In order to […]
NELSON v. NELSON, 61 Wn.2d 608 (1963)
379 P.2d 717 ELMER J. NELSON, Appellant, v. MARGARET L. NELSON, Respondent.[*] No. 36257.The Supreme Court of Washington. Department Two. March 14, 1963. [*] Reported in 379 P.2d 717. [1] DIVORCE — PROCEEDINGS — APPEAL — ERROR IN STRIKING COMPLAINT — EVENTUAL DIVORCE OF PARTIES — EFFECT. The error, if any, resulting from the striking […]
IN RE RUDONICK, 76 Wn.2d 117 (1969)
456 P.2d 96 In the Matter of the Guardianship of LAURA LINDA RUDONICK, a Minor. LAURA LINDA RUDONICK WILCOX, Appellant, v. VITA P. MATHEWS et al., Respondents.[*] No. 39291.The Supreme Court of Washington. Department Two. June 5, 1969. [*] Reported in 456 P.2d 96. [1] Guardian and Ward — Accounting — Management in Other State. […]
STATE v. JACKMAN, 113 Wn.2d 772 (1989)
783 P.2d 580 THE STATE OF WASHINGTON, Respondent, v. WILFRED POPE JACKMAN, Petitioner. No. 55836-1.The Supreme Court of Washington. En Banc. December 14, 1989. [1] New Trial — Review — Standard of Review. A grant of a new trial is reviewed to determine if it was predicated on an erroneous interpretation of the law or […]
MILL MINE SUPPLY CO. v. JOHNSON, 145 Wn. 656 (1927)
261 P. 386 MILL MINE SUPPLY COMPANY, Appellant, v. CHARLES JOHNSON et al., Respondents. No. 20818. Department Two.The Supreme Court of Washington. November 29, 1927. [1] TAXATION (130, 131) — COLLECTION — PROPERTY SUBJECT TO SEIZURE AND SALE — DISTRESS — WRONGFUL DISTRAINT. Where there is no direct tax against personal property, it can be […]
STATE v. TALLEY, 134 Wn.2d 176 (1998)
949 P.2d 358 THE STATE OF WASHINGTON, Respondent, v. RONALD TALLEY, Petitioner. No. 64893-0.The Supreme Court of Washington. En Banc.Argued September 24, 1997. Decided January 8, 1998. Page 177 Appeal from the Superior Court for King County, No. 94-1-05066-1, JoAnne Alumbaugh, J., on September 1, 1995. Page 178 Nielsen, Broman Associates, P.L.L.C., by James R. […]
STATE v. SWIGER, 151 Wn.2d 1023 (2004)
State, Respondent, v. Swiger, Petitioner. No. 74683-4.The Supreme Court of Washington. May 4, 2004. Petition for review of a decision of the Court of Appeals, No. 21223-8-III, September 25, 2003, 118 Wn. App. 1051. Denied. May 4, 2004.
REVIEW ORDERS, 145 Wn.2d 1020 (2002)
The Supreme Court of Washington. 2002. Kaech, et al., Petitioners, v. Lewis County Pub. Util. Dist. No. 1, Respondent, No. 71404-5. Petition for review of a decision of the Court of Appeals, May 18, 2001, 106 Wn. App. 260. Denied January 10, 2002. Morgan, Petitioners, v. City of Edmonds, Defendant, Cmty. Transit, Respondent, No. 71401-1. […]
STATE v. HUTCHINSON, 156 Wn.2d 1007 (2006)
132 P.3d 147 State, Respondent, v. Hutchinson, Petitioner. No. 77147-2.The Supreme Court of Washington. January 11, 2006. Petition for review of a decision of the Court of Appeals, No. 22693-0-III, April 5, 2005, 126 Wn. App. 1054. Denied.
ROCHE FRUIT CO. v. N.P.R. CO., 18 Wn.2d 484 (1943)
139 P.2d 714 W.E. ROCHE FRUIT COMPANY, Respondent, v. NORTHERN PACIFIC RAILWAY COMPANY, Appellant.[1] No. 29052.The Supreme Court of Washington. Department Two. July 10, 1943. [1] Reported in 139 P.2d 714. [1] JURY — SELECTION — STATUTORY PROVISIONS — SUBSTANTIAL COMPLIANCE. A litigant is entitled to have his case submitted to a jury selected in […]
JORGENSEN v. D.K. BARNES, INC., 69 Wn.2d 579 (1966)
420 P.2d 689 ERNEST W. JORGENSEN et al., Respondents, v. D.K. BARNES, INC., et al., Appellants.[*] No. 38421.The Supreme Court of Washington. Department One. September 29, 1966. [*] Reported in 420 P.2d 689. [1] Appeal and Error — Review — Harmless Error — Prejudice. Where there is no showing that alleged errors in the admission […]
STATE v. McLAUGHLIN, 73 Wn.2d 247 (1968)
437 P.2d 902 THE STATE OF WASHINGTON, Respondent, v. JERRY McLAUGHLIN, Appellant.[*] No. 39529.The Supreme Court of Washington. Department Two. February 29, 1968. [*] Reported in 437 P.2d 902. [1] Constitutional Law — Privilege Against Self-incrimination — Right to Claim. It is within the discretion of the trial court to determine whether an answer to […]
WILLIAMS v. SEATTLE, 169 Wn.2d 1012 (2010)
Williams, Respondent, v. Seattle Pub. Sch., Petitioner. No. 84336-8.The Supreme Court of Washington. August 5, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 62742-2-I, November 12, 2009, 154 Wn. App. 1032. Denied.
PITTWOOD v. SPOKANE SAVINGS LOAN SOCIETY, 141 Wn. 229 (1926)
251 P. 283 EDWARD PITTWOOD et al., Appellants, v. SPOKANE SAVINGS LOAN SOCIETY et al., Respondents. No. 19869. Department One.The Supreme Court of Washington. December 10, 1926. [1] MORTGAGES (15, 23) — ABSOLUTE DEED AS MORTGAGE — AGREEMENT TO CONVEY — EVIDENCE — SUFFICIENCY. An absolute deed will not be held to have been intended […]
STATE v. CLARKE, 156 Wn.2d 880 (2006)
134 P.3d 188 THE STATE OF WASHINGTON, Respondent, v. JOHN MARK CLARKE, Petitioner. No. 76602-9.The Supreme Court of Washington.Argued October 18, 2005. Decided May 11, 2006. Page 881 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 882 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
REYNOLDS v. MORGAN, 134 Wn. 358 (1925)
235 P. 800 H.P. REYNOLDS et al., Respondents, v. CHARLES E. MORGAN et al., Appellants. No. 18998. Department Two.The Supreme Court of Washington. May 8, 1925. JUDGMENT (54) — NOTWITHSTANDING VERDICT. It is error to grant a judgment notwithstanding a verdict to the contrary, unless there is, as a matter of law, no evidence or […]
STATE v. FROST, 160 Wn.2d 765 (2007)
161 P.3d 361 THE STATE OF WASHINGTON, Respondent v. JOSHUA JAMES FROST, Petitioner. No. 77444-7. En Banc.The Supreme Court of Washington.Argued February 15, 2007. Decided June 28, 2007. Page 766 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 767 [EDITORS’ NOTE: THIS […]
IN RE BINGE’S ESTATE, 5 Wn.2d 446 (1940)
105 P.2d 689 In the Matter of the Estate of WILLIAM F.P. BINGE, Deceased. IDA R. BINGE, Individually and as Administratrix, Appellant, v. HANS MUMM, JR., et al., Respondents and Cross-appellants.[1] No. 27920.The Supreme Court of Washington. Department One. September 26, 1940. [1] Reported in 105 P.2d 689. [2] See 11 Am. Jur. 187. [1] […]
SUSSMAN v. MENTZER, 193 Wn. 517 (1938)
76 P.2d 595 JOSEPH SUSSMAN, Appellant, v. ELIZABETH E. MENTZER, as Executrix, Respondent. No. 26943. Department Two.The Supreme Court of Washington. February 21, 1938. [1] TROVER AND CONVERSION — EVIDENCE — SUFFICIENCY — TITLE OR OWNERSHIP — CONNECTION OF DEFENDANT WITH ACT. In an action for conversion of boilers in which the plaintiff must recover, […]
DISPOSITIONS OF PETITIONS FOR REVIEW[†] , 121 Wn.2d 1029 (1993)
The Supreme Court of Washington. [†] Dispositions of Court of Appeals Commissioner rulings are identified by case names not in italic. Yurkovich, et al, Respondents, v. Rose, et al, Petitioners, No. 60271-9. Petition for review of a decision of the Court of Appeals, February 8, 1993, 68 Wn. App. 643. Denied July 8, 1993. Pearson, […]
OCOSTA ETC. v. GRAYS HARBOR COUNTY, 44 Wn.2d 525 (1954)
268 P.2d 663 OCOSTA CONSOLIDATED SCHOOL DISTRICT NO. 123, Respondent, v. GRAYS HARBOR COUNTY et al., Appellants.[1] No. 32739.The Supreme Court of Washington. Department One. April 5, 1954. [1] Reported in 268 P.2d 663. [1] COUNTIES — ACTS OF COUNTY BOARD — APPEAL FROM DECISIONS. RCW 36.32.330, providing for an appeal to the superior court […]
JAIN v. STATE FARM, 130 Wn.2d 688 (1996)
926 P.2d 923 CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON IN SUNGEETA JAIN, ET AL., Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL., Defendants. No. 63523-4.The Supreme Court of Washington. En Banc.Argued May 16, 1996. Decided November 27, 1996. Page 689 GUY and ALEXANDER, JJ., concur by […]
PEALE v. TVETE, 172 Wn. 296 (1933)
20 P.2d 12 FRANK B. PEALE et al., Appellants, v. K.K. TVETE et al., Respondents. No. 24221. Department Two.The Supreme Court of Washington. March 17, 1933. [1] LANDLORD AND TENANT (34) — TERM FOR YEARS — TERMINATION OF LEASE — NOTICE. Where the terms of a lease covered all the matters respecting a contemplated interference […]
STATE v. BLAKE, 71 Wn.2d 356 (1967)
428 P.2d 555 THE STATE OF WASHINGTON, Respondent, v. FRANK LOUIS BLAKE, Appellant.[*] No. 38806.The Supreme Court of Washington. Department Two. June 1, 1967. [*] Reported in 428 P.2d 555. [1] Criminal Law — Courts of Limited Jurisdiction — Arrest Warrant — Affidavits in Support. Under J Crim. R. 2.02, which provides that a warrant […]
GLASPEY v. WOOL GROWERS SERVICE CORP., 151 Wn. 683 (1929)
277 P. 70 FRANK GLASPEY, Respondent, v. WOOL GROWERS SERVICE CORPORATION, Appellant. No. 21072. En Banc.The Supreme Court of Washington. April 30, 1929. [1] SALES (101) — WARRANTIES — REQUISITES OF EXPRESS WARRANTY — STATEMENTS CONSTITUTING WARRANTY. A positive representation by the seller of a band of ewes, bought for breeding purposes, that they were […]
LITTLE MOUNTAIN ESTATES v. LITTLE MOUNTAIN, MHC, 166 Wn.2d 1001 (2009)
208 P.3d 1123 Little Mountain Estates Tenants Ass’n, as Assignee, et al., Respondents, v. Little Mountain Estates MHC, LLC, et al., Petitioners. No. 82574-2.The Supreme Court of Washington. June 2, 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. […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 79 Wn.2d 1003 (1971)
The Supreme Court of Washington. State, Respondent, v. Seiler, Petitioner, No. 41911. Petition for review of a decision of the Court of Appeals, February 11, 1971, 4 Wn. App. 268. Denied May 6, 1971. Duchsherer, Respondent, v. Northern Pac. Ry., Petitioner, No. 41922. Petition for review of a decision of the Court of Appeals, February […]
DUNCAN v. PETERSCHICK, 165 Wn.2d 1024 (2009)
Duncan, Petitioner, v. Peterschick, Respondent. No. 82004-0.The Supreme Court of Washington. February 4, 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. 26162-0-III, May 6, 2008, 144 Wn. App. 1029. Denied
STRAUS v. WILSONIAN INVESTMENT CO., 177 Wn. 167 (1934)
31 P.2d 516 SAMUEL J.T. STRAUS, as Trustee, Respondent, v. WILSONIAN INVESTMENT COMPANY et al., Appellants. No. 24787. Department Two.The Supreme Court of Washington. April 5, 1934. [1] CHATTEL MORTGAGES (35) — EQUITY (37-3) — MAXIMS — CONSIDERING DONE THINGS THAT SHOULD HAVE BEEN DONE — EXTENSION TO OR SUBSTITUTION OF OTHERS PROPERTY. Notwithstanding a […]
DEHN v. KOHOUT, 54 Wn.2d 611 (1959)
343 P.2d 883 JAMES E. DEHN, Respondent, v. JAMES KOHOUT, Appellant.[1] No. 34749.The Supreme Court of Washington. Department Two. September 10, 1959. [1] Reported in 343 P.2d 883. [1] NEGLIGENCE — DEFENSES — VOLENTI NON FIT INJURIA. The maxim volenti non fit injuria means, “That to which a person assents is not esteemed in law […]
STATE v. LAWS, 51 Wn.2d 346 (1957)
318 P.2d 321, 322 P.2d 134 THE STATE OF WASHINGTON, Appellant, v. ILA C. LAWS et al., Respondents.[1] No. 34198.The Supreme Court of Washington. Department Two. November 29, 1957. [1] Reported in 318 P.2d 321; 322 P.2d 134. [1] EMINENT DOMAIN — PROCEEDINGS TO TAKE PROPERTY — APPEAL BY STATE — WAIVER OF RIGHT. The […]
STATE v. HANDBURGH, 119 Wn.2d 284 (1992)
830 P.2d 641 THE STATE OF WASHINGTON, Petitioner, v. ZYION HANDBURGH, Respondent. No. 58693-4.The Supreme Court of Washington. En Banc. June 4, 1992. [1] Robbery — Elements — Use of Force or Fear — After Taking — Effect. A person who initially takes property peaceably or outside the presence of the property owner commits robbery […]
STATE v. YU, 154 Wn.2d 1017 (2005)
State, Respondent, v. Yowsan Yu, Petitioner. No. 76306-2.The Supreme Court of Washington. June 1, 2005. Petition for review of a decision of the Court of Appeals, No. 53117-4-I, October 25, 2004, 123 Wn. App. 1054. Denied.
STATE v. GAINES, 154 Wn.2d 711 (2005)
116 P.3d 993 THE STATE OF WASHINGTON, Respondent, v. DEVENNICE ANTOINE GAINES, ET AL., Petitioners. Nos. 74793-8; 75718-6.The Supreme Court of Washington.Argued February 8, 2005. Decided July 28, 2005. Page 712 Devennice Gaines, pro se. Oliver R. Davis (of Washington Appellate Project) an Sheryl G. McCloud, Seattle, WA for petitioners. Norm Maleng, Prosecuting Attorney, and […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 106 Wn.2d 1010 (1986)
The Supreme Court of Washington. Krikava, Respondent, v. Webber, et al, Petitioners, No. 52736-9. Petition for review of a decision of the Court of Appeals, March 25, 1986, 43 Wn. App. 217. Denied July 8, 1986. Farmers Ins. Group, Respondent, v. Johnson, et al, Petitioners, No. 52746-6. Petition for review of a decision of the […]
MILWAUKEE LAND CO. v. STATE, 188 Wn. 52 (1936)
61 P.2d 996 MILWAUKEE LAND COMPANY, Respondent, v. THE STATE OF WASHINGTON, Appellant. No. 25505. En Banc.The Supreme Court of Washington. October 26, 1936. [1] LICENSES (1) — TAXATION (13) — OCCUPATION TAX — CARRYING ON BUSINESS — WHAT CONSTITUTES — BUYING AND SELLING REAL ESTATE. A foreign corporation, purchasing, holding, exchanging, and selling lands […]
STATE v. ROBERTS, 153 Wn.2d 1028 (2005)
State, Respondent, v. Roberts, Petitioner. No. 75929-4.The Supreme Court of Washington. March 29, 2005. Petition for review of a decision of the Court of Appeals, No. 29791-4-II, July 27, 2004, 122 Wn. App. 1040. Denied.
TENNENT v. STACY, 48 Wn.2d 104 (1955)
291 P.2d 647 M.G. (MEL) TENNENT, Appellant, v. RALPH S. STACY et al., Respondents.[1] No. 33293.The Supreme Court of Washington. Department Two. December 22, 1955. [1] Reported in 291 P.2d 647. [1] OFFICERS — ELIGIBILITY — RESIDENCE. On an issue as to the eligibility of a candidate elected to the office of county assessor, held […]
STATE v. BLANCAS, 155 Wn.2d 1019 (2005)
124 P.3d 659 In re Pers. Restraint of Blancas, State, Respondent, v. Blancas, Petitioner. No. 76884-6.The Supreme Court of Washington. November 2, 2005. Petition for review of a decision of the Court of Appeals, Nos. 21916-0-III and 22251-9-III, February 24, 2005, 126 Wn. App. 1005. Denied.
IN RE ESKRIDGE v. RHAY, 58 Wn.2d 556 (1961)
364 P.2d 819 In the Matter of the Application for a Writ of Habeas Corpus of TOM ESKRIDGE, Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.[*] No. 35844.The Supreme Court of Washington. En Banc. August 31, 1961. [*] Reported in 364 P.2d 819. [1] CONSTITUTIONAL LAW — DUE PROCESS — CRIMINAL PROSECUTIONS […]
HUNTER v. NORTH MASON SCHOOL DIST., 85 Wn.2d 810 (1975)
539 P.2d 845 GERALD HUNTER, JR., Respondent, v. NORTH MASON HIGH SCHOOL AND SCHOOL DISTRICT NO. 403, Petitioner. No. 43637.The Supreme Court of Washington. En Banc. September 11, 1975. [1] Torts — Damages — Personal Injury — Indemnification — Nature. A person suffering personal injury by the negligence of another has a right to be […]
DISPOSITIONS OF PETITIONS FOR REVIEW, 79 Wn.2d 1008 (1971)
The Supreme Court of Washington. State, Respondent, v. Bassett, Petitioner, No. 41994. Petition for review of a decision of the Court of Appeals, March 15, 1971, 4 Wn. App. 491. Denied August 20, 1971. Kittitas County, Respondent, v. Chicago, M., St. P. P.R.R., Petitioner, No. 42026. Petition for review of a decision of the Court […]