Case law

Winner v. Carroll

169 Wash. 208 · Washington Supreme Court · Aug 10, 1932

Carroll, to be my sole executor without bonds, either to qualify as such executor or to sell or dispose of any or all of my property. “In Witness whereof I have hereunto set my hand this 5th day of November, 1927. … The particular sections of those statutes were for the protection of banks and associations, and did not establish a rule of property or a rule of evidence. The cases cited, therefore, have no application here.

Benn v. Grays Harbor County

102 Wash. 620 · Washington Supreme Court · Jun 20, 1918

indebtedness, and in addition thereto, such city shall have power to levy *622 and collect annual taxes for the payment of current expenses not exceeding fifteen mills on the dollar of assessed valuation: Provided, that if the qualified … If it repealed such statutory limitation as to cities of the second class, it did so only by indirection and implication; and repeals by implication are not favored, save when statutes are clearly in conflict with prior statutes

Sebastian v. DEPT. OF LABOR & INDUSTRIES

12 P.3d 594 · Washington Supreme Court · Nov 2, 2000

Clearly, there was an intent to compensate crime victims; clearly there was an intent to contain costs. Beyond that, the history gives little guidance, and neither principle answers the question here. … In 1982, Second Substitute House Bill 828 reinstated application of the program to all qualifying victims. Laws of 1982, 1st Ex.Sess., ch. 8, § 2.

State v. Rivers

1 Wash. 3d 834 · Washington Supreme Court · Aug 3, 2023

Smith, 559 U.S. at 333 n.6 (“We have also never ‘clearly’ decided, 24 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/. State v. … An expert may be qualified based on “knowledge, skill, experience, training, or education.” Id. It is well established that an expert may be qualified by experience alone. Johnston-Forbes v.

City of Fairhaven v. Cowgill

8 Wash. 686 · Washington Supreme Court · May 17, 1894

That there had been erasures in both places was clearly evident from an inspection of the paper. … Knowing themselves to have signed the bond, they, with Evans, endeavored to secure the money in the bank for their benefit in case their liability should be established.

State Ex Rel. Troy v. Yelle

27 Wash. 2d 99 · Washington Supreme Court · Jan 10, 1947

governor appointed the relators, who are all elected officers of the state; and, since their appointment, the relators Wanamaker, Reeves, Fluent, and Meyers, and, since August, 1945, the relator Troy, have been duly appointed, qualified … But we are clearly of the opinion that it should not be the rule, and that it was not the intention of this court in any of its former decisions to say, that for performing additional duties provided by an act passed subsequent

Simonson v. "U" District Office Building Corp.

70 Wash. 2d 35 · Washington Supreme Court · Dec 22, 1966

This conduct of the parties clearly manifested a mutual undertaking. … Finally we reach defendant’s argument that Simonson is estopped and has waived any right to establish an implied contract.

In Re Bronson's Estate

185 Wash. 536 · Washington Supreme Court · Apr 1, 1936

It clearly appeared that Bernot was waging a cause of action absolutely identical with that which he had sought to present in the first cause. … Upon such hearing the court shall make and cause to be entered a formal order, either establishing and probating such will, or refusing to establish and probate *546 the same, and snch order shall be conclusive as against

Witters v. Commission for the Blind

112 Wash. 2d 363 · Washington Supreme Court · Apr 20, 1989

Clearly freedom of belief protected by the Free Exercise Clause embraces freedom to profess or practice that belief, even including doing so to earn a livelihood. … Witters "otherwise qualifies". Payment should be made to him not as a ministry student, but as a visually handicapped student.

Thys v. State

31 Wash. 2d 739 · Washington Supreme Court · Nov 4, 1948

Case to shares of stock. *772 While the Farmers Loan Co., Beidler, and Baldwin Cases all dealt with bonds, notes, and credits, the court pointed out that the rule of immunity from taxation in more than one state was broader … The written agreement between respondents and Lindeman Power Equipment Company, clearly indicates that it contained two contracts in one instrument; first, the contract for the sale of the machine; and, second, a license

State v. Crenshaw

98 Wash. 2d 789 · Washington Supreme Court · Feb 17, 1983

Petitioner's crime, killing his wife by stabbing her 24 times then hacking off her head, is clearly contrary to society's morals as well as the law. … Thus, petitioner does not establish the necessary connection between his criminal acts and his psychological problems *802 to qualify for the insanity defense.

State v. Kintz

169 Wash. 2d 537 · Washington Supreme Court · Aug 26, 2010

It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. RCW 9A.46.110(6)(b). … It alleges, “Clearly, the ‘rudder’ the dissent has in mind is some measurement of time that must transpire between the first and second occasions of following or harassment.” Id.

State v. Dennison

115 Wash. 2d 609 · Washington Supreme Court · Nov 21, 1990

Torcia, Wharton's Criminal Procedure § 544, at 26-27 (1976 & Supp. 1989) ("[a]n offense qualifies as a lesser included offense only if the elements of the included offense are fewer in number than elements of the greater … Clearly, the appointment of the attorney was not at issue because the case was not heard the next week but at the previously appointed date.

Snyder v. Medical Service Corp.

35 P.3d 1158 · Washington Supreme Court · Dec 13, 2001

measures to make such opportunities known to her and to determine whether she is in fact qualified. … known to the employee and to determine whether the employee was in fact qualified for such position."

State v. White

10 Wash. 611 · Washington Supreme Court · Jan 14, 1895

Nor would the charge, if properly qualified, be applicable to the case on trial, because nobody claimed, and the evidence did not pretend to show, that the killing of Schultz was the act of White, but the act of Ifivingstone … Moore, 92 Ind. 397 , but in that case it was clearly pointed out that while it was proper-to say to the jury that they had a right to consider the interest of the accused as a witness, it must be left to them to say as a

City of Seattle v. Rogers Clothing for Men, Inc.

114 Wash. 2d 213 · Washington Supreme Court · Mar 1, 1990

In 1971, the Legislature enacted RCW 35.87A allowing municipalities to establish "Parking and Business Improvement Areas". … The appellate court will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto.

State v. Otton

Washington Supreme Court · Jun 9, 2016

In order to effectuate the purposes of stare decisis, this court will reject its prior holdings only upon "a clear showing that an established rule is incorrect and harmful." ld. … Otton thus fails to show that Smith is clearly incorrect. 2.

Burns v. Alderson

51 Wash. 2d 810 · Washington Supreme Court · Feb 28, 1958

A third method is established by Laws of 1895, chapter 27, p. 42, as amended by Laws of 1925, Ex. Ses., chapter 137, p. 344. … The intent of the legislature to provide an additional method is clearly expressed in the act of 1903, § 3, p. 394, as follows: “This act shall not be construed to deprive city councils from submitting proposed charter amendments

Carbery v. Fidelity Savings & Loan Ass'n

32 Wash. 2d 391 · Washington Supreme Court · Jan 20, 1949

The record does not clearly disclose the physical construction of the elevator and the means of exit therefrom. . The evidence was in dispute. Mrs. … In the case at bar, the issues were clearly presented by the pleadings and by the evidence.

Department of Ecology v. Acquavella

177 Wash. 2d 299 · Washington Supreme Court · Mar 7, 2013

The qualifying Northside parties may hold the right regardless of whether it will be fulfilled. ¶77 We affirm, as a general proposition, the trial court’s ruling granting qualifying Northside parties a right to use excess … The trial court properly denied qualifying Northside users a right to use excess water after July 10 ¶78 The trial court denied qualifying Northside users the right to use excess water after July 10.