Opinion

Adams v. Ernst

  • 1 Wash. 2d 254
  • 95 P.2d 799
Court
Washington Supreme Court
Filed
Nov 8, 1939
Status
Published
Author
Blake
On the bench
Steinert, Blake
Cited by
17 cases
Authority
More cited than 2.3%

"`[r]ights are vested, in contradistinction to being expectant or contingent'"; rights are contingent "`when they are only to come into existence on an event or condition which may not happen ... until some other event may prevent their vesting'" (quoting Pearsall v. Great Northern Ry. Co., 161 U.S. 646, 673, 16 S.Ct. 705, 40 L.Ed. 838 (1896))

How later courts described this case

  • "`[r]ights are vested, in contradistinction to being expectant or contingent'"; rights are contingent "`when they are only to come into existence on an event or condition which may not happen ... until some other event may prevent their vesting'" (quoting Pearsall v. Great Northern Ry. Co., 161 U.S. 646, 673, 16 S.Ct. 705, 40 L.Ed. 838 (1896))
  • “ ‘Mights are vested, in contradistinction to being expectant or contingent’ ”; rights are contingent “ ‘when they are only to come into existence on an event or condition which may not happen . . . until some other event may prevent their vesting’ ” (quoting Pearsall v. Great N. Ry., 161 U.S. 646, 673, 16 S. Ct. 705, 40 L. Ed. 838 (1896))

Written by the judges who cited it.

The opinion

Blake, C. J.

(dissenting)—Having qualified for a pension under Laws of 1935, chapter 182, p. 855, respondent became entitled to a monthly allowance of thirty dollars, which became vested each month until the effective date of Laws of 1939, chapter 25, p. 80.

Conant v. State,

197 Wash. 21 , 84 P. (2d) 378 .

*268

It is not necessary to obtain a judgment to enforce a right that has vested prior to the repeal or amendment of a statute under which the right accrues. See

Ettor v. Tacoma,

57 Wash. 50 , 106 Pac. 478 , 107 Pac. 1061 ; 228 U. S. 148 , 57 L. Ed. 773 , 33 S. Ct. 428 ; 77 Wash. 267 , 137 Pac. 820 .

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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