Case law

State v. Johnson

Washington Supreme Court · Jan 9, 2014

Bunker, 169 Wn.2d 571, 578, 238 P.3d 487 (20 10) ("Related to this [last antecedent] rule is the corollary principle that 'the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply … The notice of infraction to Johnson clearly listed these three options. Ex. 2. Johnson chose the second option and requested a hearing to contest the infraction. He is not guilty under the first prong.

Fortgang v. Woodland Park Zoo

187 Wash. 2d 509 · Washington Supreme Court · Jan 12, 2017

. ¶11 With respect to funding, the Agreement establishes a mix of public and private support. … Abbott, 2008 ME 100, ¶ 10 , 952 A.2d 980 (employing identical test to determine whether an entity “qualifies as ‘an agency or public official’ ’’ for purposes of state transparency law (quoting Me.

Hutchings v. Fanshier

132 Wash. 5 · Washington Supreme Court · Dec 16, 1924

Fan-shier in his own right, and as the duly appointed, qualified and acting executor and trustee of the Estate of Maude C. Fanshier (sometimes known as Maude Fanshier and Maud Fanshier and Maud G. … It is a well established rule of law that a mere power to sell, even though it be a discretionary power in the one vested with such power, gives authority to sell for cash only. Woodward v. Jewell, 140 U.

Travelers Cas. & Sur. Co. v. Wash. Trust Bank

Washington Supreme Court · Nov 3, 2016

Instead, the statute essentially provides four alternatives under which a signature may qualify as an indorsement. … The record in this case does not establish the Bank exercised "clearly unreasonable conduct" and therefore failed to exercise reasonable care as a matter oflaw.

State Ex Rel. Wittler v. Yelle

65 Wash. 2d 660 · Washington Supreme Court · Feb 16, 1965

Section 16 declares: “Any member who qualifies for a retirement allowance which is effective on or after the effective date of this 1963 amendatory act shall receive a retirement allowance consisting of: (1) An annuity which … That so clearly was this the intention of the constitution’s authors, say appellants, no single case in the long history of this court has arisen where Article 8 has been held applicable to debts other than those created

State v. Williams

102 Wash. 2d 733 · Washington Supreme Court · Oct 18, 1984

While continued detention was clearly a great intrusion, society's interest in efficient crime detection and prevention of injury to innocent victims warranted this detention. … Transporting stolen goods from a burglary site must surely qualify as "used in the commission of a felony." See State v. Glasper, 84 Wn.2d 17, 22 , 523 P.2d 937 (1974).

Teagle v. Fischer & Porter Co.

89 Wash. 2d 149 · Washington Supreme Court · Oct 20, 1977

The evidence also established that only 5 to 10 percent of appellant's customers who purchased flowrators used them to measure liquids above 50 p.s.i. … The facts also established that respondent's employer used O-rings made of a material called Viton in the flowrator which exploded.

Lawrence v. Times Printing Co.

22 Wash. 482 · Washington Supreme Court · May 17, 1900

It appears here clearly, however, that the peculiar value of the contract in controversy between the plaintiff and The Times Printing Company is based upon the allegation that the right to receive the news reports is exclusively … The term, in a legal sense, contains the element of a grant or immunity, privilege, or exemption by public or quasi-pub] ic authority. It may sometimes be used in a popular sense as a privilege.

In Re Recall of West

121 P.3d 1190 · Washington Supreme Court · Oct 26, 2005

This is clearly "wrongful conduct that affects ... the performance of official duty [or] the performance of a duty in an improper manner." … The article II provision was included through the Seventh Amendment, which established these rights of initiative and referendum.

Public Utility District No. 1 v. State

182 Wash. 2d 519 · Washington Supreme Court · Jan 29, 2015

Because the fish hatchery was clearly a present public use, we then engaged in a prior public use analysis. Id. at 453 . … State, 93 Idaho 795 , 473 P.2d 937 (1970) (relating to sovereign immunity). A necessary component of growth is the power to condemn school lands.

Waples v. Yi

234 P.3d 187 · Washington Supreme Court · Jul 1, 2010

This result was supported by the court's reasoning in a contemporaneous case addressing medical malpractice legislation, in which it observed that "pre-suit requirements are clearly within the purview of the Legislature, … 4] Because we hold that the notice requirement violates the separation of powers, we do not reach the Waples's and Cunningham's arguments that the notice requirement (1) is not mandatory, (2) violates the privileges and immunities

Schultz v. Kolb

189 Wash. 187 · Washington Supreme Court · Jan 22, 1937

An examination of each of the cases just cited will reveal either (1) that the complaint made a clear case for relief upon the principle referred to, sufficient to withstand a demurrer; or (2) that the evidence clearly showed … The respondent not having established her asserted claim by the necessary degree of proof, and the case made by her being insufficient in law to set aside the judgment, we conclude that the court erred in holding that the

State ex rel. Neal v. Kauffman

86 Wash. 172 · Washington Supreme Court · Jun 25, 1915

the subscribing witnesses thereto and its admission to probate, was appointed as administrator of the estate with the will annexed, on November 11, 1913, by the superior court of Kittitas county, and on November 13, 1913, qualified … Clearly the order of the superior court of Kittitas county determining the fact of residence of the decedent within that county at the time of his death was a final order determining a question of fact within its jurisdiction

Burnet v. Spokane Ambulance

933 P.2d 1036 · Washington Supreme Court · Jun 5, 1997

Those reasons should, typically, be clearly stated on the record so that meaningful review can be had on appeal. … Graham, the Burnets have failed to show board certification is required by Washington law and have failed to show a board certified neurologist is any more qualified than a certified pediatrician who has completed additional

Fain v. Chapman

89 Wash. 2d 48 · Washington Supreme Court · Sep 14, 1977

If this statute is valid, it clearly would allow those persons appointed by the Governor when these vacancies occur to serve until the next general election which can be held in compliance with its provisions. … These two statutes, though of necessity somewhat arbitrary in establishing the time in which the election process may be commenced, are reasonably calculated to assure an orderly voting process by an informed electorate and

Hisle v. Todd Pacific Shipyards Corp.

93 P.3d 108 · Washington Supreme Court · Jun 24, 2004

Preemption may be found only if federal law "clearly evinces a congressional intent to preempt state law", or there is such a "`direct and positive'" conflict "that the two acts cannot `be reconciled or consistently stand … As a consequence, the method by which certain compensation is calculated is not dispositive of whether or not the payment qualifies as the "regular rate of pay." WAC 296-128-550. B.

In re Pers. Restraint of Knight

196 Wash. 2d 330 · Washington Supreme Court · Oct 8, 2020

“In order to qualify as the ‘same offense’ for double jeopardy purposes, the two offenses must be the same both in law and in fact.” State v. Arndt, 194 Wn.2d 784, 815, 453 P.3d 696 (2019) (citing State v. … As long as the election clearly identifies the particular acts on which charges are based, verbally telling the jury of the election during closing argument is sufficient. Id.

Meyer v. Campion

120 Wash. 457 · Washington Supreme Court · Jun 20, 1922

The son was dead at the time of trial, but the transfer was clearly proven by a deed executed by the son. … experience would naturally know that the transfer of stock worth over $100,000 and comprising practically one-fourth of his mother-in-law’s estate would not pass unquestioned unless the legality of the transfer was well established

State v. Reid

30 P.3d 465 · Washington Supreme Court · Sep 6, 2001

Harris the trial court found: The defense of insanity has been established by a preponderance of the evidence. … This approach is inconsistent with RCW 10.77.150(2) which clearly sets forth the standard for conditional release absent any requirement that the mental defect be cured.

In Re the Estate of Searl

29 Wash. 2d 230 · Washington Supreme Court · Nov 20, 1947

Searl died July 5, 1945, not having qualified as executor of Mrs. Searl’s will. Thereafter, George W. Roberts, Esquire, who had represented Mr. … They did not make such wills, and the question presented must be determined in accordance with sound and well-established principles of law.