Category: Washington Supreme Court Opinions

842 P.2d 470 THE STATE OF WASHINGTON, Petitioner, v. WILLIAM CHARLES BRAND, Respondent. No. 59278-1.The Supreme Court of Washington. En Banc. December 10, 1992. [1] Criminal Law — Judgment — Vacation — “Other” Reason. A criminal defendant cannot obtain relief from judgment under CrR 7.8(b)(5), which permits a court to grant relief from judgment or […]

352 P.2d 809 IRENE ZVOLIS, as Executrix, Appellant, v. JAMES J. CONDOS, Respondent.[1] No. 35191.The Supreme Court of Washington. Department Two. May 26, 1960. [1] Reported in 352 P.2d 809. [1] APPEAL AND ERROR — REVIEW — SCOPE — FINDINGS. The Supreme Court does not retry factual disputes. [2] WITNESSES — COMPETENCY — TRANSACTIONS WITH […]

166 P.3d 718 State, Respondent, v. Candy, Petitioner. No. 76011-0.The Supreme Court of Washington. September 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]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. 52271-0-I, August 9, 2004, 122 Wn. App. 1059. Denied. Page 1003

13 P.2d 460 THE STATE OF WASHINGTON, on the Relation of Theodor Suksdorf, Plaintiff, v. THE SUPERIOR COURT FOR KLICKITAT COUNTY, Respondent. No. 23892. Department One.The Supreme Court of Washington. August 10, 1932. [1] EMINENT DOMAIN (7) — HIGHWAYS (12) — POWERS OF LOCAL AUTHORITIES — DELEGATION OF POWER — TO MUNICIPALITIES — COUNTIES. Laws […]

220 P.2d 668 E.L. TRAVERS, Appellant, v. RAY MURDOCK, Respondent.[1] No. 31338.The Supreme Court of Washington. Department Two. July 20, 1950. [1] Reported in 220 P.2d 668. [1] VENDOR AND PURCHASER — QUANTITY OF LAND AND APPURTENANCES — CONVEYANCE OF APPURTENANCES — INTENT — EVIDENCE — ADMISSIBILITY. On an issue as to whether slaughterhouse equipment […]

124 P.3d 304 Martinez Melgoza Assocs., Inc., Petitioner, v. Dep’t of Labor Indus., Respondent. No. 76823-4.The Supreme Court of Washington. November 1, 2005. Petition for review of a decision of the Court of Appeals, No. 53388-6-I, January 10, 2005, 125 Wn. App. 843. Denied. Page 1016

438 P.2d 616 REED SEBERS et al., Appellants, v. RUSSELL CURRY et al., Respondents[*] No. 39274.The Supreme Court of Washington. Department Two. March 14, 1968. [*] Reported in 438 P.2d 616. [1] Appeal and Error — Instructions — Exception at Trial — Necessity. When no exceptions are taken to the trial court’s instructions, they become […]

359 P.2d 307 FRANK GONZALES, Respondent, v. DONALD PETERSON et al., Appellants.[1] No. 35338.The Supreme Court of Washington. Department One. February 9, 1961. [1] Reported in 359 P.2d 307. [1] APPEAL AND ERROR — DECISIONS REVIEWABLE — MOTION FOR NEW TRIAL — SUFFICIENCY OF EVIDENCE. Where there is not sufficient evidence to take a case […]

199 P.2d 596 DANIEL E. DYGERT et al., Respondents, v. HANS W. HANSEN et al., Appellants.[1] No. 30612.The Supreme Court of Washington. Department One. November 18, 1948. [1] Reported in 199 P.2d 596. [1] APPEAL AND ERROR — DECISIONS REVIEWABLE — AMOUNT IN CONTROVERSY. An appeal will be dismissed as to certain respondents, where the […]

629 P.2d 1331 HARRIET M. GOULD, Respondent, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, ET AL, Appellants. No. 46694.The Supreme Court of Washington. En Banc. June 25, 1981. [1] Insurance — Evidence — Presumptions — Suicide — Application. In an action on a life insurance policy excluding coverage when death is by suicide, a […]

60 P.2d 704 WEST COAST TRANSPORT COMPANY, Respondent, v. ELMER E. LANDIN, as Administrator, Appellant. No. 26171. Department Two.The Supreme Court of Washington. September 9, 1936. [1] AUTOMOBILES — LIABILITY FOR INJURIES — CONTRIBUTORY NEGLIGENCE — SPEED AS PROXIMATE CAUSE. Excessive speed of plaintiff at an intersection does not defeat recovery if the sole, proximate […]

583 P.2d 1201 THE STATE OF WASHINGTON, Respondent, v. ELMER L. SPENCER, ET AL, Petitioners, SOCONY MOBIL OIL COMPANY, Respondent, THE CITY OF AUBURN, ET AL, Respondents. No. 45003.The Supreme Court of Washington. En Banc. August 24, 1978. [1] Eminent Domain — Compensation — Apportionment — Agreement for Lump Sum — Effect. Under RCW 8.04.110 […]

304 P.2d 951 ADREN H. BEATY et al., Respondents, v. DOLPH LINN et al., Appellants.[1] No. 33684.The Supreme Court of Washington. Department One. December 6, 1956. [1] Reported in 304 P.2d 951. [1] APPEAL AND ERROR — REVIEW — VERDICT. In reviewing the denial of motions challenging the sufficiency of the evidence and for judgment […]

802 P.2d 784 AMERICAN LEGION POST NO. 32, Appellant, v. THE CITY OF WALLA WALLA, Respondent. No. 57364-6.The Supreme Court of Washington. En Banc. January 3, 1991. [1] Administrative Law — Jurisdiction — Doctrine of Primary Jurisdiction — Special Competence — Statutory Construction. There is no cause to invoke the doctrine of primary jurisdiction when […]

173 P.2d 141 In the Matter of the Application for a Writ of Habeas Corpus by WILLIAM H. MOHR, Petitioner, v. TOM SMITH, as Superintendent of the State Penitentiary, Respondent.[1] No. 30010.The Supreme Court of Washington. Department Two. October 5, 1946. [1] Reported in 173 P.2d 141. [1] HABEAS CORPUS — PROCEEDINGS — PETITION — […]

180 P.2d 573 BERT E. COOK, as Administrator, Appellant, v. CLALLAM COUNTY, Respondent. EDMUND J. THEILER, as Executor, Appellant, v. CLALLAM COUNTY, Respondent.[1] No. 30042.The Supreme Court of Washington. Department Two. May 8, 1947. [1] Reported in 180 P.2d 573. [1] COUNTIES — CLAIMS AGAINST COUNTY — NOTICE OF REJECTION — SERVICE UPON ATTORNEY. Assuming […]

973 P.2d 452 STATE OF WASHINGTON, Respondent, v. EARL LEE FORD a/k/a ROBERT JOHNSON, Petitioner. No. 66210-0.The Supreme Court of Washington. En Banc. March 11, 1999. Page 473 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 474 Appeal from the Superior Court […]

224 P.3d 774 State, Respondent, v. Ellis, Petitioner. No. 83498-9.The Supreme Court of Washington. Denied January 6, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 26684-2-III, July 14, 2009, 151 Wn. App. 1009. Review Order. Denied

27 P.2d 702 GEORGE W. RADFORD, Respondent, v. WASHINGTON FRUIT PRODUCE COMPANY, Appellant. No. 24754. Department Two.The Supreme Court of Washington. December 13, 1933. [1] LANDLORD AND TENANT (121) — RENT — LIEN ON CROPS — WAIVER — ACTS CONSTITUTING. There is a presumption against the waiver of a landlord’s crop lien, and in case […]

169 P.3d 831 State, Respondent, v. Otero, Petitioner. State, Respondent, v. Barasa, Petitioner. No. 79877-0.The Supreme Court of Washington. October 31, 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. 32778-3-II and 32808-9-II, February 6, 2007, 137 Wn. App. […]

213 P.2d 621 In the Matter of the Estate of LAWRENCE J. GALLAGHER, Deceased. JEWEL PERRET, Administratrix, Appellant, v. JEANNETTE CREMEANS, Respondent.[1] No. 31031.The Supreme Court of Washington. Department One. January 23, 1950. [1] Reported in 213 P.2d 621. [1] MARRIAGE — INVALIDITY — PRIOR EXISTING MARRIAGE. A ceremonial marriage was invalid where the woman […]

392 P.2d 453 RICHARD D. TEMBRUELL, Respondent, v. THE CITY OF SEATTLE et al., Appellants.[*] No. 37006.The Supreme Court of Washington. Department One. May 21, 1964. [*] Reported in 392 P.2d 453. [1] Pensions — Nature — Property Right. A pension granted to one in the public service or employment is not a mere gratuity, […]

937 P.2d 186 LARRY G. SMOKE, ET AL., Petitioners, v. THE CITY OF SEATTLE, Respondent. No. 63615-0.The Supreme Court of Washington. En Banc.Argued June 12, 1996 Decided May 22, 1997. Page 215 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 216 SANDERS, […]

645 P.2d 697 TOMMY P., Respondent, v. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, Appellant. No. 45488-4.The Supreme Court of Washington. En Banc. May 27, 1982. [1] Constitutional Law — Appeal and Error — Review — Constitutional Issues — Determination. An appellate court will not decide an issue on constitutional grounds when the issue can […]

360 P.2d 580 KENDALL A. SANWICK, JR., et al., Respondents, v. EDWARD M. McFERRAN, Appellant.[1] No. 35660.The Supreme Court of Washington. Department Two March 23, 1961. [1] Reported in 360 P.2d 580. [1] CONTRACTS — CONSTRUCTION AND OPERATION — AMBIGUITY — CONSTRUCTION AGAINST PARTY USING WORDS. Any ambiguity in a contract will be resolved against […]

257 P.3d 665 State, Respondent, v. Hall, Petitioner. No. 85678-8.The Supreme Court of Washington. June 8, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 64054-2-I, January 24, 2011, 159 Wn. App. 1037. Denied. Page 1026

22 P.2d 290 ORAL A. CHAPIN, Respondent, v. WILLIAM E. STICKEL et al., Appellants. No. 24272. Department One.The Supreme Court of Washington. May 17, 1933. [1] HIGHWAYS (52, 56) — NEGLIGENT USE — EVIDENCE — SUFFICIENCY. The negligence of the driver of an automobile in colliding with the rear of a truck is sufficiently established […]

288 P.2d 471 OBERT SKODJE et al., Appellants, v. FREDERICK A. HARDY et al., Respondents.[1] No. 33270.The Supreme Court of Washington. Department One. October 6, 1955. [1] Reported in 288 P.2d 471. [1] PHYSICIANS AND SURGEONS — LIABILITY FOR MALPRACTICE — DEGREE OF CARE AND SKILL REQUIRED. A physician or surgeon is negligent only if […]

249 P.3d 183 Stafne, Respondent, v. Snohomish County et al., Petitioners. No. 84894-7.The Supreme Court of Washington. March 3, 2011. Petition for review of a decision of the Court of Appeals, No. 62843-7-1, May 24, 2010, 156 Wn. App. 667. Dispositions of Petitions For Review and Selected Motions For Discretionary Review Respondent’s petition for revie […]

351 P.2d 125 THE STATE OF WASHINGTON, Respondent, v. FRED WILLIAM JAMES, Appellant.[1] No. 35128.The Supreme Court of Washington. Department Two. April 14, 1960. [1] Reported in 351 P.2d 125. [1] ASSAULT AND BATTERY — NATURE AND ELEMENTS OF CRIMINAL ASSAULT — THIRD DEGREE ASSAULT. Where an assault is committed, but does not result in […]

347 P.2d 825 PAULINE ANN WESTOVER, Respondent, v. LORIS D. WESTOVER, Appellant.[1] No. 35048.The Supreme Court of Washington. Department Two. December 24, 1959. [1] Reported in 347 P.2d 825. [1] DIVORCE — CUSTODY OF CHILDREN — DISCRETION OF COURT — TIME OF MAKING AWARD OF CUSTODY. At the time of the entry of a divorce […]

487 P.2d 1295 THE STATE OF WASHINGTON, Petitioner, v. DOROTHY MAE RANDECKER, Respondent. No. 41555.The Supreme Court of Washington. En Banc. August 19, 1971. [1] Criminal Law — Trial — Taking Case From Jury — Motion in Arrest of Judgment — In General. “Proof” as used in CrR 101.04W(c)(3), which states that a judgment may […]

201 P.2d 148 O.M. HUSEBY et al., Appellants, v. MIKE KILGORE, as Sheriff of Grays Harbor County, et al., Respondents.[1] No. 30440.The Supreme Court of Washington. Department Two. December 23, 1948. [1] Reported in 201 P.2d 148. [1] JUDGMENT — VACATION — GROUNDS — ERRONEOUS TESTIMONY. The fact that, subsequent to the entry of a […]

60 P.2d 28 J.V. CALDWELL, Appellant, v. JOHN A. WILLIAMS, Respondent. No. 26079. Department One.The Supreme Court of Washington. August 27, 1936. [1] MASTER AND SERVANT (3) — THE RELATION — CREATION AND EXISTENCE — EVIDENCE OF EMPLOYMENT. Evidence of a trial period of three months to make a survey and determine whether the parties […]

561 P.2d 201 JOHN ORTBLAD, ET AL, Respondents, v. THE STATE OF WASHINGTON, ET AL, Appellants. No. 44331.The Supreme Court of Washington. En Banc. March 17, 1977. [1] Civil Service — Compensation — Collective Bargaining — Scope. Under RCW 41.06.150 the Budget Director must negotiate and bargain with civil service employees only on matters included […]

400 P.2d 609 CHELAN COUNTY, Respondent, v. JOHN R. FELLERS et al., Defendants, LOGAN FOX et al., Respondents, CHARLES LEMONS, Appellant.[*] No. 37435.The Supreme Court of Washington. Department One. April 1, 1965. [*] Reported in 400 P.2d 609. [1] Taxation — Sale of Land — Piecemeal Sale — Discretion of Court. A provision in a […]

378 P.2d 427 THE STATE OF WASHINGTON, Appellant, v. GEORGE BERTRAND, Respondent.[*] No. 36029.The Supreme Court of Washington. En Banc. January 31, 1963. [*] Reported in 378 P.2d 427. [1] INDIANS — STATUS OF INDIAN TRIBES — INTERNAL AFFAIRS — JURISDICTION OF STATE COURTS. An Indian tribe possesses all the powers of any sovereign state, […]

20 P.2d 591 MAXINE MURRAY, on Her Own Behalf and as Guardian ad Litem of MAXINE LOIS MURRAY, a Minor, Appellant, v. JOE GERRICK COMPANY et al., Respondents. No. 24301. Department Two.The Supreme Court of Washington. March 24, 1933. [1] MASTER AND SERVANT (20-1) — STATES (1) — SOVEREIGNTY AND JURISDICTION — TERRITORY CEDED TO […]

299 P.2d 204 EMMA SCOTT, Appellant, v. LOUISE WALLITNER, Respondent.[1] No. 33497.The Supreme Court of Washington. Department One. June 21, 1956. [1] Reported in 299 P.2d 204. [1] RAILROADS — DEEDS — EASEMENTS — RIGHT OF WAY — EASEMENT OR FEE — INTENT OF PARTIES. Where a deed is executed for a railroad right of […]

65 P.2d 1271 THE STATE OF WASHINGTON, Respondent, v. DAVID MARCY et al., Appellants. No. 26553. Department One.The Supreme Court of Washington. March 24, 1937. [1] CRIMINAL LAW (411) — APPEAL — RECORD AND PROCEEDINGS — STATEMENT OF FACTS — NECESSITY. An appeal in a criminal case will be dismissed where no statement of facts […]

198 P.2d 191 AMERICAN BONDING COMPANY OF BALTIMORE, Appellant, v. CLYDE A. DOWELL et al., Respondents.[1] No. 30567.The Supreme Court of Washington. Department Two. October 8, 1948. [1] Reported in 198 P.2d 191. [1] BROKERS — EMPLOYMENT AND AUTHORITY — PURCHASE OF REAL PROPERTY — EVIDENCE OF AGENCY — SUFFICIENCY. On an issue as to […]

128 P.3d 1239 Duske et al., Petitioners, v. City of Black Diamond et al., Respondents. No. 77185-5.The Supreme Court of Washington. January 10, 2006. Petition for review of a decision of the Court of Appeals, No. 52076-8-I, March 28, 2005, 126 Wn. App. 1038. Denied.

269 P.2d 563 JESSIE FLOYD, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent, UNITED STATES PLYWOOD CORPORATION, Appellant.[1] No. 32666.The Supreme Court of Washington. En Banc. April 9, 1954. [1] Reported in 269 P.2d 563. [1] COURTS — RULES OF DECISION — PREVIOUS DECISIONS AS CONTROLLING — DOCTRINE OF STARE DECISIS — LIMITATION. The […]

257 P.3d 513 In the Matter of the Recall of DALE WASHAM, Pierce County Assessor-Treasurer, Appellant. No. 85460-2.The Supreme Court of Washington.Argued March 2, 2011. Decided May 12, 2011. Page 504 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 505 [EDITORS’ NOTE: […]

364 P.2d 23 ARTHUR SCHMIDT et al., Appellants, v. OLD UNION STOCKYARDS COMPANY, Respondent. NORTHWEST LIVESTOCK AUCTION COMPANY, INC., Appellant, v. OLD UNION STOCKYARDS COMPANY, Respondent. CHARLIE KINN, Appellant, v. OLD UNION STOCKYARDS COMPANY, Respondent. GRANGE INTERSTATE LIVESTOCK ASSOCIATION, Appellant, v. OLD UNION STOCKYARDS COMPANY, Respondent.[*] No. 35822.The Supreme Court of Washington. En Banc. August […]

166 P.3d 718 Johnson, Individually and as Pers. Representative, et al., Respondents, v. Aluminum Precision Prods., Inc., et al., Petitioners. No. 79421-9.The Supreme Court of Washington. September 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. 34216-2-II, October […]

6 P.2d 619 THE STATE OF WASHINGTON, on the Relation of the State Tax Commission et al., Respondent, v. E.F. REDD, as County Treasurer of Franklin County, Appellant. Nos. 23478-23479. En Banc.The Supreme Court of Washington. January 2, 1932. [1] CONSTITUTIONAL LAW (31) — TAXATION (4) — POWER OF LEGISLATURE — DELEGATION OF POWER — […]

175 P.3d 1094 State, Respondent, v. O’Connell, Petitioner. No. 79866-4.The Supreme Court of Washington. December 5, 2007. Petition for review of a decision of the Court of Appeals, Nos. 23563-7-III and 25340-6-III, February 6, 2007, 137 Wn. App. 81. Dispositions of Petitions for Review and Selected Motions for Discretionary Review. Denied.

822 P.2d 264 In the Matter of the Disciplinary Proceeding Against RICHARD W. HART, an Attorney at Law. No. 1599.The Supreme Court of Washington. En Banc. January 16, 1992. [1] Attorney and Client — Discipline — Reinstatement — Test. Disbarred attorneys are not eligible for reinstatement unless they establish that they have overcome the weaknesses […]

30 P.2d 640 HOWARD W. BROWN et al., Respondents, v. NORTHWESTERN MUTUAL FIRE ASSOCIATION, Appellant, DOROTHY BARGER et al., Defendants. NORTHWESTERN MUTUAL FIRE ASSOCIATION, Appellant, v. HOWARD W. BROWN et al., Respondents, R.L. BARGER et al., Defendants. No. 24833. Department Two.The Supreme Court of Washington. March 23, 1934. [1] INSURANCE (25) — INSURABLE INTEREST — […]

74 P.2d 898 MIKE KEDZIORA et al., Appellants, v. THE WASHINGTON WATER POWER COMPANY, Respondent. No. 26738. Department Two.The Supreme Court of Washington. December 28, 1937. [1] ELECTRICITY — INJURIES INCIDENTAL TO PRODUCTION OR USE — ACTS OR OMISSIONS CAUSING INJURY. An electric power company maintaining high voltage lines in the vicinity of its power […]

435 P.2d 957 KENNETH CARLSON, Respondent, v. THE CITY OF BELLEVUE, Appellant.[*] Nos. 39081, 39159.The Supreme Court of Washington. En Banc. January 11, 1968. [*] Reported in 435 P.2d 957. [1] Zoning — Judicial Review — “Fairly Debatable” Decisions. Zoning is peculiarly within the province of the various legislative bodies empowered to act upon the […]

205 P.2d 351 JOHN A. JACK et al., Respondents, v. STANDARD MARINE INSURANCE COMPANY, LIMITED, Appellant.[1] No. 30774.The Supreme Court of Washington. Department One. April 21, 1949. [1] Reported in 205 P.2d 351. [1] INSURANCE — THE CONTRACT — CONSTRUCTION — LANGUAGE OF POLICY. While definitions of words in standard dictionaries are not controlling, they […]

620 P.2d 76 THE STATE OF WASHINGTON, on the Relation of the Department of Ecology, ET AL, Petitioners, v. ELWYN C. ANDERSON, ET AL, Respondents. No. 46859.The Supreme Court of Washington. En Banc. November 26, 1980. [1] Jury — Right to Trial by Jury — Determination — In General. The right to a jury trial […]

133 P.3d 474 State, Respondent, v. Wies, Petitioner. No. 77578-8.The Supreme Court of Washington. April 4, 2006. Petition for review of a decision of the Court of Appeals, No. 54921-9-I, July 25, 2005, 128 Wn. App. 1051. Denied.

354 P.2d 928 THE CITY OF SEATTLE, Respondent, v. GEORGE HARCLAON, Appellant.[1] No. 34913.The Supreme Court of Washington. En Banc. August 18, 1960. [1] Reported in 354 P.2d 928. [1] APPEAL AND ERROR — REVIEW — INSTRUCTIONS — As LAW OF CASE. Where no exceptions are taken to instructions they become the law of the […]

425 P.2d 924 THE STATE OF WASHINGTON, Respondent, v. CHARLES FLETCHER ALVIS, Appellant.[*] No. 38384.The Supreme Court of Washington. Department Two. March 31, 1967. [*] Reported in 425 P.2d 924. [1] Assault, Criminal — Definition — Factors Considered. An assault is an attempt, with unlawful force, to inflict bodily injury upon another accompanied with the […]

434 P.2d 725 S.L. ROWLAND CONSTRUCTION CO., Respondent, v. ST. PAUL FIRE AND MARINE INSURANCE CO., Appellant.[*] No. 38903.The Supreme Court of Washington. Department Two. December 8, 1967. [*] Reported in 434 P.2d 725. [1] Insurance — Construction of Policy — Rules of Construction. Exclusionary clauses in insurance contracts are strictly construed against the insurer. […]

653 P.2d 605 THE CITY OF SEATTLE, Respondent, v. ELMER L. CRUMRINE, Petitioner. No. 48268-3.The Supreme Court of Washington. En Banc. November 10, 1982. [1] Courts of Limited Jurisdiction — Jury — Right to Trial by Jury — Waiver — Sufficiency of Record. Subsequent to the effective date of RALJ (January 1, 1981), the record […]

226 P.3d 780 State, Respondent, v. Morimoto, Petitioner. No. 83638-8.The Supreme Court of Washington. February 9, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Petition for review of a decision of the Court of Appeals, No. 60458-9-I, July 20, 2009, 151 Wn. App. 1010. Dispositions of Petitions for Review and […]

575 P.2d 215 JAMES F. LAMBORN, Appellant, v. PHILLIPS PACIFIC CHEMICAL CO., Respondent. No. 44899.The Supreme Court of Washington. En Banc. February 16, 1978. [1] Evidence — Relevancy — Determination — In General. The relevancy of evidence is a matter within the discretion of the trial court. Facts tending to prove or disprove the parties’ […]

852 P.2d 294 THE STATE OF WASHINGTON, Respondent, v. DEMECO M. DUGGINS, Petitioner. No. 60187-9.The Supreme Court of Washington. Department Two. May 20, 1993. [1] Juveniles — Juvenile Justice — Time of Trial — Continuance — Within Speedy Trial Period — Effect. The dismissal of charges against a juvenile defendant on the basis that the […]

220 P.2d 340 MILTON N. EMERICK, JR., et al., Respondents, v. VERN BUSH et al., Defendants, A.P. MARIS et al., Appellants.[1] No. 31365.The Supreme Court of Washington. Department One. July 7, 1950. [1] Reported in 220 P.2d 340. [1] LOGS AND LOGGING — PROCEEDINGS TO ENFORCE LIENS — IDENTIFICATION OF LAND LOGGED — EVIDENCE — […]

43 P.3d 498 JAMES A. STANSFIELD, M.D., Respondent v. DOUGLAS COUNTY, Petitioner, STATE OF WASHINGTON; DEATH INVESTIGATION COUNCIL; UNIVERSITY OF WASHINGTON, Directing and Acting through the STATE TOXICOLOGY LABORATORY, Defendants. No. 71240-9.The Supreme Court of Washington. En Banc.Oral Argument Date: February 14, 2002. Filed: April 4, 2002. Page 117 Stanley A. Bastian (of Jeffers, Danielson, […]

136 P.3d 759 Al-Maliki, Petitioner, v. Container Corp. of Am., Respondent. No. 77826-4.The Supreme Court of Washington. May 31, 2006. Petition for review of a decision of the Court of Appeals, No. 55154-0-I, July 25, 2005, 128 Wn. App. 1052. Denied.

474 P.2d 261 AIR-MAC, INC., Appellant, v. THE STATE OF WASHINGTON, Respondent.[*] No. 40442.The Supreme Court of Washington. En Banc. September 10, 1970. [*] Reported in 474 P.2d 261. [1] Taxation — Business and Occupation Tax — Transactions Subject to Tax — Activities of One Business. Each individual business activity in which one is engaged […]

95 P.2d 393 In the Matter of the Estate of ALICE WILLARD BARCLAY, Deceased. THE STATE OF WASHINGTON, by Robt. F. Waldron, Supervisor of the State Inheritance Tax and Escheat Division, Appellant, v. D.F. BROOKS, as Administrator, Respondent.[1] No. 27678.The Supreme Court of Washington. Department Two. October 30, 1939. [1] Reported in 95 P.2d 393. […]

13 P.2d 433 GLOBE CONSTRUCTION COMPANY, Appellant, v. AMANDA C. YOST et al., Respondents. No. 23761. Department One.The Supreme Court of Washington. August 19, 1932. [1] TRIAL (16) — RECEPTION OF EVIDENCE — MATTERS BEFORE COURT — AGREEMENT OF COUNSEL. Where the court and counsel assume that the record in a prior case in the […]

210 P.2d 682 In the Matter of the Estate of ELIZABETH W. SACKMAN, Deceased. HAROLD S. PHILLIPS, Appellant, v. WILLIAM RENTON PHILLIPS, SR., et al., Respondents.[1] No. 30881.The Supreme Court of Washington. Department Two. October 22, 1949. [1] Reported in 210 P.2d 682. [1] EXECUTORS AND ADMINISTRATORS — MANAGEMENT OF ESTATE — CONSTRUCTIVE KNOWLEDGE OF […]

24 P.2d 113 LEE RICHARDS, Appellant, v. HAZEL R. LOCKHART, as Executrix, et al., Respondents. No. 24419. Department Two.The Supreme Court of Washington. July 27, 1933. [1] TRUSTS (20-2) — CONSTRUCTIVE TRUSTS — TRANSACTIONS CREATING — BREACH OF AGREEMENT — BAD FAITH — NECESSITY. A property settlement upon the separation of a husband and wife […]

922 P.2d 97 State, Respondent, v. Jackson, Petitioner. In re Jackson, Petitioner. No. 63999-0.The Supreme Court of Washington. September 4, 1996. Petition for review of a decision of the Court of Appeals, February 26, 1996, 82 Wn. App. 1062. Denied September 4, 1996.

575 P.2d 1071 In the Matter of the Marriage of JAMES REED DUNKLEY, Respondent, and CAROLYN JEAN CURTIS DUNKLEY, Petitioner. No. 44429.The Supreme Court of Washington. En Banc. March 9, 1978. [1] Parent and Child — Custody of Children — Jurisdiction — Forum Non Conveniens — Application. The doctrine of forum non conveniens is applicable […]

208 P.3d 1124 Haller et al., Petitioners, v. City of Spokane, Defendant, River Park Square, LLC, et al., Respondents. No. 82652-8.The Supreme Court of Washington. June 3, 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. 26822-5-III, December 16, […]

63 P.3d 779 MT. HOOD BEVERAGE COMPANY, ET AL., Appellants, v. CONSTELLATION BRANDS, INC., ET AL., Respondents. ALASKA DISTRIBUTORS COMPANY, Appellant, v. SEBASTIANI VINEYARDS, INC., Respondent. No. 72882-8.The Supreme Court of Washington.Argued November 21, 2002. Decided February 20, 2003. Page 99 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

56 P.2d 713 ANNA ERICKSON, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent. No. 26034. Department One.The Supreme Court of Washington. April 13, 1936. [1] MASTER AND SERVANT (20-1) — WORKMEN’S COMPENSATION ACT — EMPLOYER OR INDEPENDENT CONTRACTOR. One who purchased the stumpage of pulp wood and hired the men to cut it at […]

670 P.2d 265 THE STATE OF WASHINGTON, Respondent, v. MARK A. GRIFFIN, Petitioner. No. 49654-4.The Supreme Court of Washington. En Banc. October 13, 1983. [1] Criminal Law — Intent — Diminished Capacity — Instruction — Necessity. A specific instruction on diminished capacity is required when there is substantial evidence that the defendant had a diminished […]

16 P.2d 459 GREAT WESTERN THEATRE EQUIPMENT, INC., Respondent, v. FIRST NATIONAL BANK OF MONTESANO et al., Appellants. No. 23799. Department One.The Supreme Court of Washington. November 28, 1932. [1] GARNISHMENT (32-1) — LIEN AND LIABILITY OF GARNISHEE — EXTENT OF LIABILITY — EFFECT OF JUDGMENT FOR DEFENDANT. Upon judgment in favor of the defendant […]