Case law

Board of Trustees of Whitman College v. Berryman

156 F. 112 · U.S. Circuit Court for the District of Eastern Washington · Jun 4, 1907

The scope of the bill is clearly one beyond mere relief against the tax. which is mentioned. … Immunity from taxation conferred on a corporation by legislation is not a franchise; nor does such immunity pass under a decree providing that the purchaser shall succeed to all franchises, rights and privileges.

Smith v. Board County Com'rs Skagit County

45 F. 725 · U.S. Circuit Court for the District of Washington · Mar 13, 1891

against injuries which may reasonably be expected to result from official recognition of the election as if it were valid; and upon principle it appears to me that the facts alleged in the plaintiff’s bill bring the case clearly … within the well-established rules of equity by which such relief is always granted.

United States v. Dooley

151 F. 697 · U.S. Circuit Court for the District of Eastern Washington · Dec 13, 1906

because the allottee, in accepting land under the law providing for allotments, thereby became a citizen of the United States and is no longer a ward of the government, but is entitled to all the rights, privileges, and immunities … And the distinction between that contention and the right to maintain a suit of this character was very clearly pointed out, as will appear from the following quotation: “But it is said that the government has provided that

United States v. Doughten

186 F. 226 · U.S. Circuit Court for the District of Eastern Washington · Apr 15, 1911

question here presented is one purely of statutory construction; and, however firmly a court might disbelieve in the past coal land policy of the government, it would usurp authority not conferred upon it, should it attempt to establish … This latter act, as clearly appears from its title and subject-matter, is an enabling statute, and was intended to extend and enlarge the rights of locators in Alaska.

United States v. Allen

180 F. 855 · U.S. Circuit Court for the District of Western Washington · Jan 26, 1910

The contention of the government is so clearly established that any» detailed reference to the proof would be a work of supererogation. The important facts, however, may be recapitulated. … Their conduct clearly proves this. R. A. Wilson was the head of the association and managed and directed the proceedings for all.

Geiger v. Tacoma Ry. & Power Co.

141 F. 169 · U.S. Circuit Court for the District of Western Washington · Oct 14, 1905

” it as one of the courts composing the judicial system, and to clearly define its jurisdiction. … Western judicial district of Washington shall continue in office, and be such officers in said Western District until the expiration of their respective terms of office, or until their successors shall be duly appointed and qualified

Lewis v. Shaw

70 F. 289 · U.S. Circuit Court for the District of Washington · Oct 30, 1895

The evidence shows clearly that the complainant is entitled to all the rights of a bona fide purchaser of the land. In the case of U. S. v. California & O. Land Co., 148 U. S. 42 , 13 Sup. Ct. 458, Mr. … It is only necessary to add that the testimony fully establishes the plaintiffs allegation that the proceedings to cancel Miller's entry were taken without notice to him.

Newbery v. Wilkinson

190 F. 62 · U.S. Circuit Court for the District of Eastern Washington · Sep 6, 1911

His will was admitted to probate; an administra-trix with the will annexed was appointed and qualified, notice to creditors was published under date of April 30, 1904, and the administration was closed by final decree on … Their claim was clearly against the administrator of John G. Morgan, whether the latter be considered as the defaulting partner of themselves or of their father.

La Clair v. United States

184 F. 128 · U.S. Circuit Court for the District of Eastern Washington · Jun 18, 1910

asserted, and not denied, that this petitioner, in consideration of the surrender of his patent to lands on the Yakima reservation on account of having had a prior allotment on the Puyallup reservation, was thereafter to be immune … This clearly shows the intention to distinguish these Indians from those of the Yakimas who had theretofore resided on the reservation. While the report of Col.

Gilbert v. Seatco Mfg. Co.

98 F. 208 · U.S. Circuit Court for the District of Washington · Dec 11, 1899

They were not even qualified to become directors. … The authorities bearing upon these general principles are well settled, and are clearly stated in Central Transp. Co. v. Pullman’s Palace-Car Co., 139 U. S. 24—59, 11 Sup. Ct. 478, 35 L. Ed. 55 , and Bank v.

Williams v. Bunker Hill & Sullivan Mining & Concentrating Co.

190 F. 79 · U.S. Circuit Court for the District of Eastern Washington · Aug 3, 1911

The rule is well established that every servant assumes certain risks incident to his employment, and the application of that rule to the facts of this case is all that remains. As said by the court in Butler v. … All of these facts he admitted on cross-examination, but qualified them to this extent on redirect: “Q. Williams, what knowledge did you have of the danger of touching that wire with the hose? A.

Boyd v. Northern Pac. Ry. Co.

170 F. 779 · U.S. Circuit Court for the District of Eastern Washington · Mar 30, 1909

We are not at liberty to adopt a construction which would amount to treating the qualifying words as wholly superfluous, but must seek to ascertain what was intended. … Clearly he was not protecting from the mortgage liens nor demanding an adjustment that would enable the company to resume control of its properties and continue their operation, for it had confessed the prayer of the bills