Case law

Frach v. Schoettler

46 Wash. 2d 281 · Washington Supreme Court · Mar 10, 1955

. *285 It is a well established rule that one who attacks the constitutionality of a law, clearly has the burden of proof. Shea v. Olson, 185 Wash. 143, 151 , 53 P. (2d) 615 , 111 A. L. … Dexter, supra, p. 557. *291 Appellants’ rights with reference to the “due process clause” and the “privilege and immunity clauses,” as set out in Art.

Ross v. Jones

174 Wash. 205 · Washington Supreme Court · Aug 18, 1933

The facts, as we find them to be, harmonize with the somewhat general findings of the trial court, *213 and demonstrate very clearly that a considerable number of appellants’ assignments of error are not well taken. … But there is a qualifying *217 clause immediately following the broad language to which we have referred, which qualifying clause must be given its full effect.

Grant County Fire Protection District No. 5 v. City of Moses Lake

145 Wash. 2d 702 · Washington Supreme Court · Mar 14, 2002

This court has established a two-part test to determine standing under the UDJA. … However, this “provision does not require that Voters may go to the polls at any time and vote on any question they see fit,’ ” but that “otherwise qualified voters who are significantly affected by the results of an election

State v. Longshore

5 P.3d 1256 · Washington Supreme Court · Aug 17, 2000

Under a grant of transactional immunity, Irvin, the driver of the vehicle, testified on behalf of the state. … But substantial evidence was presented at trial by qualified experts to demonstrate there is, in fact, a quantifiable market value for uncertified clams.

State ex rel. Chehalis County v. Superior Court

47 Wash. 453 · Washington Supreme Court · Nov 4, 1907

Section 2 provides that any qualified voter within the territory of the proposed new county may, within three months, present to the governor a petition showing that it is signed by a majority of the voters within said proposed … sum of $1,000 to cover costs of proceedings in case the county should not be established.

Watson v. Miller

59 Wash. 2d 85 · Washington Supreme Court · Nov 9, 1961

Simard, 57 Wn. (2d) 850, 360 P. (2d) 153 (1961), where we stated: "While the appellant was a favored driver, he was not thereby immunized from his own negligence. … (dissenting) I think the right of way rule as qualified by Martin v.

In re Dependency of A.M.F.

Washington Supreme Court · Mar 30, 2023

privilege’ and may not be required to ‘waive such immunity.’” … The child did not testify, and the State offered only her hearsay statements to establish that the abuse had happened. Id. at 251.

State v. Valladares

99 Wash. 2d 663 · Washington Supreme Court · Jun 2, 1983

I Admission of Inculpatory Hearsay Statements The prosecution established that despite a good faith effort, it was impossible to obtain Barbara Campbell's presence. … In addition, there is no evidence either officer sought to offer immunity or some other reward for the statements.

In Re Johnson

71 Wash. 2d 245 · Washington Supreme Court · May 15, 1967

That case is clearly distinguishable. … The immunity herein provided shall extend only to natural persons so compelled to testify."

Mahaney v. Mahaney

146 Wash. 2d 878 · Washington Supreme Court · Jul 25, 2002

Well-established principles for deciding custody matters should further the act’s goals. … The order clearly contemplates a review following the mother’s participation in services.

Sorenson v. City of Bellingham

80 Wash. 2d 547 · Washington Supreme Court · Apr 27, 1972

We believe it is important, however, to clearly state for the benefit of the lawmakers and voters of this state that a restriction placed upon qualification for office, unless necessary to promote a compelling state interest … “In a society such as ours, characterized by its ‘mobility’ and ‘anonymity’ ... a landowner is no more likely to be permanently established in a town — and, by that token, better qualified to govern— than one who is not a

State v. Sefrit

82 Wash. 520 · Washington Supreme Court · Dec 12, 1914

Rep. 307 : “The publisher of a newspaper, possesses no immunity from liability in publishing a libel, other or different than any other person. … When the mission had been established, Fulcher for some time roomed at the Hendricksons.

State v. McCollum

17 Wash. 2d 85 · Washington Supreme Court · Mar 16, 1943

Clearly, the foregoing provision is mandatory, in view of Art. … arrest was made or any other, the cases do not so clearly define how far an officer may go, in searching the room, premises or effects of the person arrested.

Thomas & Co. v. City of Olympia

12 Wash. 465 · Washington Supreme Court · Jul 27, 1895

The object of this action was to establish a liability against the respondent for certain warrants issued to the contractor in payment for work done upon a contract for the grading of a street; These warrants were primarily … Spokane, 11 Wash. 41 ( 39 Pac. 266 ), in effect qualified the decision in the case of Soule v. Seattle. In our opinion, such is not the effect of that case.

Andrews v. Munro

102 Wash. 2d 761 · Washington Supreme Court · Oct 18, 1984

this section for any tax paid under section 8 of this act. (3) Moneys received as payment for the tax imposed under this section and section 8 of this act shall be deposited in the timber tax distribution account hereby established … Conversely, the referendum seeks to maintain a higher revenue in support of the State and eliminate a tax reduction which clearly was intended not in support of the State but as relief to the timber industry.

Fitzpatrick v. Okanogan County

238 P.3d 1129 · Washington Supreme Court · Sep 2, 2010

The Fitzpatricks [1] cannot establish the "public use" element of their inverse condemnation claim. … Pierce County, 148 Wash.2d 760, 768 , 64 P.3d 618 (2003) ("clearly, not every government action that takes, damages, or destroys property is a taking"); Olson v.

State v. A.S.

138 Wash. 2d 898 · Washington Supreme Court · Sep 9, 1999

The rendering of an opinion on the existence of a mental disorder was clearly within *918 this statutory description of social worker’s scope of practice. … Work appropriately qualified as an expert.

State v. Kurtz

178 Wash. 2d 466 · Washington Supreme Court · Sep 19, 2013

While some of these elements are indeed similar to the common law defense, they are not identical and are not clearly inconsistent. … See, e.g., Fry, 168 at 13 (holding that the defendant did not qualify under the Act because he did not have one of the listed debilitating conditions). ¶17 Moreover, in 2011 the legislature amended the Act making qualifying

Ecuyer v. New York Life Insurance

101 Wash. 247 · Washington Supreme Court · Apr 18, 1918

This matter of defense, as in other cases where a judgment of non-suit is asked, may be established by the plaintiff’s own evidence. … The occasion of the communication to Ward was clearly one of qualified privilege. Appellant had applied to Ward for employment.

State v. Cook

84 Wash. 2d 342 · Washington Supreme Court · Aug 29, 1974

In addition, the dismissal granted here was clearly an excessive sanction, especially if the dismissal was intended to be with prejudice. See Eggan v. State, 4 Wn. App. 384, 386 , 481 P.2d 571 (1971). … the procedure for the investigation and hearing of such matters, and establishing county or district agencies to assist therein to the extent provided by such rules: Provided, however, That no person who shall have participated