Case law

In Re Smith's Estate

179 Wash. 287 · Washington Supreme Court · Nov 8, 1934

Silvain was appointed, and on May 10, 1932, qualified, as administrator of the estate. … When the state has shown these things, it has established prima facie the escheat of the property." (Italics ours.)

State v. Ha'mim

132 Wash. 2d 834 · Washington Supreme Court · Jul 24, 1997

As to this, the standard of review is clearly erroneous. 2. Do the reasons justify a departure from the standard range? This question is reviewed de novo as a matter of law. 3. … The problem with this argument is that the Legislature did allow exceptional sentences for some first-time offenders and Defendant Ha’mim did not qualify for such leniency. RCW 9.94A.12Q(5).

Balise v. Underwood

71 Wash. 2d 331 · Washington Supreme Court · Jun 1, 1967

As a result, he qualified and was entitled to receive, in addition to his hourly wage, the sum called for by the following provision of the union-management agreement: When jobs are located outside of the city limits of Everett … The proffered contradictory matter was clearly collateral to the main issues in the suit. It was not such a fact as could have been shown in evidence for any purpose independently of the contradiction. State v.

Washington Local Lodge No. 104 of the International Brotherhood of Boilermakers v. International Brotherhood of Boilermakers

33 Wash. 2d 1 · Washington Supreme Court · Feb 21, 1949

Hughes: You had better qualify that ‘any place’. You mean any reasonable place? The Witness: Yes, any reasonable place. … It is clearly established in the record that there were no trials conducted at the Stratford hotel.

Jepson v. Department of Labor & Industries

89 Wash. 2d 394 · Washington Supreme Court · Dec 22, 1977

Clearly, an "individual employer" would be disentitled to coverage by the proviso. … RCW 51.08.070 clearly states the term "employer" includes persons alone and as part of the corporate structure.

Great Northern Railway Co. v. State

184 Wash. 648 · Washington Supreme Court · Dec 12, 1935

Respondent’s second contention is that the invalidity of the act was established by the evidence produced upon the trial. … While the account kept by the auditor was not official, in the sense that, of itself, it was admissible in evidence, yet what the auditor did in that respect qualified him to testify as to the ultimate fact.

Elkins v. Schaaf

4 Wash. 2d 12 · Washington Supreme Court · May 2, 1940

Schaaf, supra, is clearly correct. … That is sufficient to establish a public interest.

Axtell v. MacRae

133 Wash. 490 · Washington Supreme Court · Mar 18, 1925

into the contract—and it may here be remarked parenthetically that the appellant is not an inexperienced woman; that she had the opportunity to and did discuss the matter of her timber *493 claim and its disposition with qualified … The trial court found that respondent, at the “time of closing this deal, intended to engage in the enterprise of logging this timber.” *496 There is no evidence that meets the requirements of the rule and establishes clearly

Chappell v. Chappell

124 Wash. 128 · Washington Supreme Court · Mar 14, 1923

Text writers lay down the rule that the intention will govern, without qualifying the statement. Thompson on Wills, § 45; 22 Am. & Eng. Ency. … The exception is as well established as the rule, yet we have found no case in which it has been applied, except Avhere the bequest was for a charity in another state or county.

Hall v. Wilson

65 Wash. 137 · Washington Supreme Court · Sep 25, 1911

The business was at first conducted in Seattle, but later an office in charge of Wilson was established in Chehalis, where the business could be prosecuted to better advantage with less expense, Hall remaining in Seattle. … This evidence, which involved an accounting and an examination of the corporation books, is not'as clearly set forth in the statement of facts as it might be.

Power v. Chadwick

166 Wash. 398 · Washington Supreme Court · Jan 20, 1932

The adjudication of the insolvency of the lumber *403 company and the appointment of a receiver in no wise established any lien upon this machinery.” … Goodwin that such stock was bought for Power, is competent evidence, and establishes respondent’s claim that the stock was purchased.

Layton v. City of Yakima

170 Wash. 332 · Washington Supreme Court · Nov 29, 1932

court announced: “The rule, however, which this court has uniformly adopted is that an action for personal injuries should not be taken from the jury on the ground of plaintiff’s contributory negligence, unless the same so clearly … “It would seem that the cases from which we have quoted furnish ample material for qualifying instructions cautioning the jury against improper use of such tables, but as against the weight of authority we do not feel justified

State v. McFarland

60 Wash. 98 · Washington Supreme Court · Sep 10, 1910

Gritman *100 was then and there a duly appointed, qualified and acting deputy inspector for the state of Washington; that said W. L. … If any such classification can be sustained, it rests entirely within the discretion of the legislature to determine and establish its basis, and its determination when expressed in statutory enactment cannot be questioned

In Re the Estate of Hitchman

100 Wash. 2d 464 · Washington Supreme Court · Oct 20, 1983

That case involved an attempt to amend a trust after the decedent's death so as to qualify for an inheritance tax exemption. … An exemption was claimed but did not qualify under a 193.1 amendment. In 1935, while the matter was pending, the rates were increased.

Myrick v. Board of Pierce County Commissioners

102 Wash. 2d 698 · Washington Supreme Court · Sep 21, 1984

(c) An ordinance to be void for unreasonableness must be clearly and plainly unreasonable. (d) The burden of establishing the invalidity of an ordinance rests heavily upon the party challenging its constitutionality. … On the other hand, other conduct is clearly within or outside the statute; for example, nudity is clearly barred and the wearing of a nurse-type uniform is clearly permitted.

Matter of Disciplinary Proceeding Against Burtch

175 P.3d 1070 · Washington Supreme Court · Jan 31, 2008

The party calling the expert must demonstrate that the witness qualifies as an expert based on "knowledge, skill, experience, training, or education." ER 702. Mr. … The conclusions of law are clearly separated from factual findings. As stated above, findings of fact will be reviewed for substantial evidence. ¶ 40 Mr.

State Ex Rel. N.W. Etc. v. S. Ct.

28 Wash. 2d 476 · Washington Supreme Court · Jul 24, 1947

The District was established under the provisions of Laws of 1931, chapter 1, p. 3, with boundaries coextensive with the limits of Clark county. … I, § 12, provides: "No law shall be passed granting to any citizen, class of citizens, or corporation, other than municipal , privileges or immunities which, upon the same terms, shall not equally belong to all citizens or

State v. Smails

63 Wash. 172 · Washington Supreme Court · Apr 17, 1911

There was not, it is true, the direct testimony of two witnesses to the perjury, but there was the direct testimony of one witness, and corroborating circumstances established by independent evidence of such a character “ … as clearly to turn the scale and overcome the oath of the defendant and the legal presumption of his innocence,” if the jury believed the evidence.

Northwest Savings & Loan Ass'n v. Lockwood

25 Wash. 2d 22 · Washington Supreme Court · Apr 16, 1946

Pitzen constituted the Board of Directors or trustees of plaintiff, and each of said persons held qualifying shares to the amount of $500.00, on account of which qualifying shares withdrawal payments were not made, under … In justice to the seven shareholders and directors, it must be very clearly pointed out that they contemplate no dissolution or division of the assets among themselves.

New Tacoma Parking Corp. v. Johnston

85 Wash. 2d 707 · Washington Supreme Court · Aug 7, 1975

The articles of incorporation clearly indicate that the sole purpose for forming the corporation was to assist the City in qualifying for the receipt of the above described federal funds. … Furthermore, all parking rates and changes pertaining thereto, as well as all regulations and restrictions affecting the operation of the garages, were fixed, established and maintained by the City.