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All Reporters → wash → Volume 146

Opinions in wash Volume 146

The plaintiff brought this action against the executrix of her divorced husband's estate, asking for a half interest in the estate property, and for an accounting of the rents and profits. From a judgment in favor of the defendants, plaintiff appeals. Two questions are raised by appellant: first, was the property in question community property? and second, has appellant traced any of her own funds...
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The city of Seattle brought this action to condemn land for an improvement known as the Denny Hill Regrade No. 2. Beecher and wife were named defendants, as they were the owners of a lot at the northeast corner of Eighth and Westlake avenues. This lot had a frontage on two streets by reason of the fact that Westlake avenue intersects Eighth avenue at a wide angle. Its frontage consisted of 51.68 f...
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Carl F. Nelson was convicted of a violation of the game code (Laws of 1925 [Ex. Sess.], p. 494; Rem. 1927 Sup., § 5931-1 etseq.) of the state, and appeals from the judgment and sentence pronounced upon him. The facts of the case are stipulated. It appears that the appellant is the agent and servant of a corporation engaged, as a part of its business, in buying and selling, at wholesale and retail,...
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The plaintiff, as administratrix of the estate of Carroll B. Green, deceased, brought this action to recover for the wrongful death of the intestate. To the complaint, a demurrer was interposed and sustained. The plaintiff refused to plead further and elected to stand upon the complaint. A judgment *Page 28 was entered dismissing the action, from which she appeals. Carroll B. Green died on the 23...
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The plaintiff brought this action to recover damages for fraud, by which, it is alleged, she *Page 32 was induced to sign a lease to an apartment house. The cause came on for trial before the court and a jury. At the conclusion of the evidence the defendants challenged the legal sufficiency thereof and moved that the case be withdrawn from the jury. This motion was sustained and, from the judgmen...
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This action was brought to recover damages for the breach of a warranty made in connection with the sale of personal property. The cause was tried to the court without a jury and resulted in findings of fact and conclusions of law sustaining a recovery in the sum of $441.30. From the judgment entered for this sum, the defendants appeal. The facts may be briefly summarized as follows: On March 8, 1...
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This action arose out of a collision between a Dodge coupe, owned and driven by Roy Maus, and a stage, owned and driven by R.G. Purves. *Page 44 The collision occurred on a graveled highway running from Bremerton, Kitsap county, southwesterly to Union City, Mason county, about four o'clock in the afternoon, May 26, 1926. It occurred near half way on a straight stretch of about nineteen hundred fe...
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Respondent, as plaintiff, sued to recover damages for personal injuries alleged to have been caused by the negligent operation of a jitney bus, owned and operated by the defendant Corliss. The case was tried to a jury, which returned a verdict in favor of the plaintiff. Judgment was entered on the verdict, and the defendants have appealed. The accident occurred at or near a street intersection; re...
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The boards of county commissioners of Douglas and Okanogan counties, sitting concurrently but acting separately, at Waterville on the 7th day of June, 1926, and at Okanogan on the 8th day of June, 1926, granted to one W.E. Buell a franchise for the construction of a toll bridge over and across the Columbia *Page 56 river at or near the town of Brewster. At these meetings, the full board of each c...
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In this action for wages, alleging the reasonable value of services rendered for appellant by respondent to be four dollars per day and amounting to $476, the jury returned a verdict therefor for respondent, on which, after a motion for a new trial had been denied, judgment was entered. Under the issues formed by the complaint and answer, appellant contended that respondent worked for him by the p...
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The plaintiff, Gordon, commenced this action in the superior court for King county, seeking foreclosure of his lien claim upon hotel property belonging to the defendant, Hultin, situated in Seattle; Gordon's claim being for remodeling and reconstructing the hotel building under a contract therefor with Hultin. Three other concerns, claiming liens upon the property for labor and material furnished ...
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This was an action for a wrongful death. The cause was tried to the court and a jury and resulted in a verdict in favor of the plaintiff in the sum *Page 67 of $3,766.40. Motion for judgment notwithstanding the verdict and in the alternative for a new trial being made and overruled, judgment was entered upon the verdict, from which the defendant appeals. The facts are these: The accident out of w...
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On May 22, 1926, the automobiles of the parties hereto, while being driven in opposite directions, about ten miles north of Dayton, collided. The roadway on which the collision occurred was a macadamized state highway, at that place about twenty-four feet wide, eighteen feet of which was newly graveled, the balance graded and "shouldered up" to the level of the macadam, but constructed merely of d...
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These two appeals, pending upon the same issues of law and fact in this court, are from two judgments in the lower court dismissing appeals of appellant from a justice court. Appellant, in the first case, in justice court in and for Spokane county, was on February 24, 1925, charged with the crime of liquor in possession with intent to sell. On March 5, 1925, he was again charged with the crime of ...
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Respondent filed a claim for compensation with the department of labor and industries claiming an injury on January 3, 1927, resulting in hernia. The department, after investigating the claim, rejected it on the ground that the claimant was not a workman, but an independent contractor. The claimant thereupon appealed to the superior court of Spokane county, where the cause was tried and judgment r...
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This is an appeal from a judgment entered after a second trial of this action, following the decision of this court on the first appeal, which is reported in 143 Wash. 17, 253 P. 1078. [1] Many of the question raised by the appellant are foreclosed by the prior decision, which, although it contains this statement, "The only question for determination is whether the action was prematurely brought,"...
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The plaintiff, Maude C. Doty, filed a claim with the defendant trust company, as executor, for $2,500 for personal services rendered by her to the testator, Frances Emma Velguth, for five years prior to her death in May, 1926; and, upon the rejection of her claim by the defendant, the plaintiff sought by this action to recover the amount in question. She alleged that, sometime in May, 1921, the de...
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The appellants, Peck, Peterson and Pavich, were convicted of a violation of the liquor laws. The information upon which the conviction was had (omitting the more formal parts) reads as follows: "COUNT I. "Comes now the prosecuting attorney in and for Spokane county, state of Washington, and charges the defendants, Archie Peck, Jack Peterson and Joe Pavich, with the crim...
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By an information filed in the superior court, the defendant was charged with the crime of carnally knowing his step-daughter, sixteen years of age. The jury found him guilty. Defendant's motion for a new trial was granted upon the grounds, as stated in the order, that error was committed in admitting testimony too remote of prior improper sexual relations between the defendant and his step-daught...
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On March 20, 1925, appellant, having been convicted, on a plea of guilty, of the crime of grand larceny, was sentenced by one of the judges of the superior court for Pierce county to a term of not less than ten years nor more than fifteen years. No appeal was taken from that judgment and sentence, and it became final. Nothing further was done in the matter until January 29, 1927, when appellant, h...
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The respondent, for a number of years, has been engaged in the business of manufacturing food in the city of Seattle. In 1922, it desired new quarters and through the instrumentality of B.L. Lambuth, a real estate broker, was brought into touch with the appellant, which owned a suitable tract of land upon which a building adapted to respondent's needs could be built. During the progress of the neg...
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This action was brought to quiet title to, and for possession of, certain real property. The defendant also claimed title and right to possession. The cause was tried to the court without a jury and resulted in findings of fact, conclusions of law and judgment confirming the defendant's title and her right to possession. The plaintiff appeals. The facts are these: Antone E. Wolter and Marguerite W...
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The plaintiff brought this action to recover the sum of $152.10, the sale price of a cooky dropper and some other articles. The defendant, by cross-complaint, sought rescission of a contract for the purchase of a dough mixer and the recovery of the three hundred and fifty dollars paid therefor. The trial was to the court without a jury and resulted in findings of fact *Page 132 and conclusions of...
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This is an action for a wrongful death. The cause was tried to the court and a jury and resulted in a verdict for the defendants. The plaintiff made a motion for new trial which was sustained, and from the order entered granting the motion the defendants appeal. The motion for new trial was based upon a number of different grounds. The order granting the motion, aside from the formal parts, was as...
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In form, this is an action for an accounting. In substance, it is one for conversion. The defendant, P.B. Dowling, did not resist the action and judgment was taken against him. The other defendant, the Third National Bank of Walla Walla, which will be referred to as the bank, contested, and the cause was tried to the court without a jury. Findings of fact *Page 138 and conclusions of law were ent...
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The plaintiff, Cordes, seeks recovery of damages, claimed as the result of the failure of his landlord, the defendant investment company, to keep in repair the roof of the building occupied by him as a tenant of the building, as required by a covenant of the lease. Trial upon the merits, in the superior court for King county sitting without a jury, resulted in findings and judgment awarding to pla...
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The plaintiff, executrix of the estate of Emily G. Feller, deceased, seeks recovery from the defendants, Coleman and Feller, as executors of the estate of Ezra B. Feller, deceased, upon three past due promissory notes aggregating $450, executed and delivered to Emily G. Feller by Ezra B. Feller, and upon a claim thereon duly verified and presented to the *Page 149 defendants as executors, which h...
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Mary Theresa Downing died on January 18, 1926, leaving a will bequeathing and devising her entire estate to her husband, Robert W. Downing. Robert W. Downing died on March 15, 1926, leaving a will bequeathing and devising his entire estate to Mary Theresa Downing. Both the testators were residents of Clark county, Washington, the wills were probated there, and Mary Theresa Downing having predeceas...
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Mary Theresa Downing died on January 18, 1926, leaving a will bequeathing and devising her entire estate to her husband, Eobert W. Downing. Eobert "W. Downing died on March 15,1926, leaving a will bequeathing and devising his entire estate to Mary Theresa Downing. Both the testators were residents of Clark county, Washington, the wills were probated there, and Mary Theresa Downing having predeceas...
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Respondent sued as the administratrix of the deceased, an unmarried man, for the benefit of the father and mother of the deceased, who were alleged to be dependent upon deceased for support during his lifetime, and recovered a judgment for the full amount sued for in the sum of $8,504.50, which, upon a motion for a new trial, was conditionally reduced to $5,504.50, which was accepted and judgment ...
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These parties were married at Spokane in September, 1918, and are still husband and wife. They have been separated since September, 1925. For several months respondent had sought a reconciliation. She resisted a divorce. There is no issue of the marriage and no property belonging to the parties. After hearing the evidence in this case, the court made a statement that there were some things in the ...
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The city of Auburn, in King county, duly enacted Ordinance No. 489 relating to garbage and other waste material. Section 4, of the ordinance (as amended) reads as follows: "Section 4. That it shall be the duty of each householder, head of a family, tenant, and proprietor or operator of a place of business within the corporate limits of the city of Auburn, being in possession of or in charge of any...
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In the first count in the information in this case, the defendant was charged with unlawfully carrying about with him intoxicating liquor for the purpose of unlawful sale, and in the second count, with opening up, conducting and maintaining a place *Page 188 for the unlawful sale of intoxicating liquor. The jury found him guilty of the first charge – that of bootlegging – and acquitted him of the...
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This is an action for damages for the alleged maintenance of a private, permanent nuisance, resulting, in the last trial, in a verdict of five hundred dollars in favor of respondents. A previous trial had resulted in a verdict in their favor for twenty-five hundred dollars, which verdict was set aside and a new trial granted for error in instructions. The last verdict was set aside by the lower co...
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Appellant, having been prosecuted for the crime of assault in the first degree, pleaded not guilty, and also, by counsel, filed a written plea of mental irresponsibility in accordance with Rem. Comp. Stat., § 2174 [P.C. § 9294]. The jury found defendant *Page 203 not guilty by reason of insanity, or mental irresponsibility, existing at the time of the assault. By special interrogatories submitted...
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The appellant, Manos, applied to the city council of the city of Seattle for a license permitting him to open up, conduct and maintain a dance hall on real property owned by him, located within the *Page 211 corporate limits of the city. The property is within five hundred feet of the property line of one of the city's public parks, and for that reason a license was refused him. The present actio...
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The respondent, Wade, was injured by the negligent act of the appellant, Harris, an employee of his co-appellant. In this action, on a trial had before the court sitting with a jury, a verdict was returned in his favor. The appeal is from the judgment entered on the verdict. At the time he received his injury, the respondent was an employee of the city of Seattle. His duties were to drive a team, ...
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The defendant, Edelstein, was, by information filed by the prosecuting attorney for Spokane county on the 9th day of October, 1925, in the superior court for that county, charged with the crime of burglary in the second degree, as follows: "That the said defendant, Isadore R. Edelstein, in the county of Spokane, state of Washington, on or about the 23rd day of July, 1922, then and there being, did...
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The plaintiff brought this action to recover damages for the loss of services and the expenses *Page 252 for the care of her minor son, caused by injuries sustained by him in consequence of falling into a passenger elevator shaft in an apartment house owned and operated by the defendant. The cause was tried to the court and a jury, and resulted in a verdict in favor of the plaintiff in the sum of...
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That this "tangled skein" between these same parties has received previous consideration *Page 258 before this court, several times, is evidenced by the reported decisions in 134 Wash. 163, 235 P. 8, and 140 Wash. 650,250 P. 59; while the same facts were collaterally involved in the previous case of Reilly v. Hopkins, 133 Wash. 421, 234 P. 13. This case, a suit for $1,640 commission for the sale ...
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Respondent, while employed as a driver, delivering merchandise on a truck belonging to L. Marks Company, a corporation, and while engaged *Page 267 in its business, was injured on April 13, 1926. His claim for industrial insurance was rejected on the ground that he was not employed in an extrahazardous occupation, as defined in the workmen's compensation act, and he appealed. The lower court rev...
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The appellant, Traverso, holding an unsatisfied judgment against the respondents, Peter V. Cerini and Santina Cerini, his wife, entered in the superior court of King county, caused a general execution to issue thereon, and caused the execution to be levied upon certain real property situated in the county named, and owned by the respondents. The officer having the writ in execution advertised the ...
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Respondent McCarty is the widow of E.A. McCarty, deceased, who, for some years prior to his death, made advances of large sums of money to respondents Carey and wife, who were engaged in the logging business. In 1923, the Careys were indebted to McCarty, and as a consideration for past indebtedness, present and future advancements, they executed a mortgage on certain real estate in Idaho in his fa...
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The plaintiff brought this action to recover damages for personal injuries. The defendant denied liability and, as an affirmative defense, plead a release. The plaintiff replied by asserting that the release was procured by fraud. The cause came on for trial before the court and a jury and, at the conclusion of all of the evidence, the defendant moved for a directed verdict, which motion was susta...
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This action was brought in the name of the state to recover from Cowlitz county an amount *Page 306 equal to the liability imposed upon the accident fund, under the workmen's compensation act, for the death of Robert A. Titland. To the complaint, a demurrer was interposed and sustained. The plaintiff refused to plead further and elected to stand upon the complaint, and from the judgment entered d...
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The defendant was charged by information with the crime of uttering a forged check, and entered a plea of guilty. Judgment and sentence was entered on March 7, 1927. On the day following, or March 8, having employed counsel, he moved that the judgment and sentence be set aside and that he be permitted to withdraw his plea of guilty and enter a plea of not guilty. The motion was supported by affida...
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An automobile dealer, in consideration of $400 paid and $930.94 to be paid on the installment plan, sold the automobile involved in this action under a so-called contract of conditional sale, and on the same day assigned and delivered the contract to the West American Finance Company, who promptly filed the contract for record in the auditor's office as a conditional sale contract. The contract wa...
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This is an action contesting the will of G.N. Miller. Under the terms of the will his property, which it appears was community property, was given in trust for the support and maintenance of his wife, to whom he had been married twenty-five years and who survived him, with the remainder over to his three children, two of whom were children by his first marriage. His wife, Bernharda Lee Miller, was...
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The plaintiff brought this action to recover the contract price for locating and digging a well. The trial was to the court without a jury and resulted in findings of fact and conclusions of law sustaining a recovery, in favor of the defendant and against the plaintiff, in the sum of fifty dollars. From the judgment entered for this sum, the plaintiff appeals. The respondents were the owners of a ...
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This is an action brought to recover upon a promissory note. There was a judgment for the plaintiffs in the court below, and from the judgment the defendants appeal. On June 28, 1916, one Helen Brennan, the predecessor in interest of plaintiffs in the action, respondents here, loaned to the appellant, Overlook Mining Development Company, a corporation, the sum of thirty-five hundred dollars. The ...
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This is an action by Andreas Christiansen to recover judgment on account of personal injuries sustained by him, while working as an independent contractor in painting an elevator shaft in the Mehlhorn Building in Seattle. The shaft had space for three elevators, but only the center one was *Page 341 equipped with an elevator. The plaintiff was engaged in painting the walls of one of the unused sp...
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An action was brought in the superior court of Okanogan county in 1912, the purpose of which was to have adjudicated all water rights in Loop Loop creek and its tributaries in that county. One of the issues in that action was the right of the Pleasant Valley Irrigation and Power Company, a corporation, to store the waters of those streams at certain seasons of the year. All of the parties to the p...
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This action was brought by Susanna Parr to quiet title to the east forty-five acres of the east half of the southeast quarter of section 33, township 40 north, range 1 east, in Whatcom county, less two acres in the southwest corner of the forty-five acre tract. The descendants of one William Parr, who are *Page 355 residuary legatees under his will, are defendants. Judgment was for the plaintiff....
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On and prior to July 1, 1924, the appellant, Williams, and the respondents, Danson, Danson and Lowe, were engaged in the practice of the law as partners. On the specific date given, Mr. Williams withdrew from the firm, and entered into the practice on his own account. The remaining partners formed a new partnership among themselves, and also continued in the practice. The law firm had long enjo...
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This controversy is over the ownership of a quantity of wheat of the value of $1,360, and arose upon a claim of title thereto made by the Wilson *Page 362 Creek State Bank, under Rem. Comp. Stat., § 573 [P.C., § 7843], relating to claims of third persons to property levied upon. The wheat was levied upon as the property of G.F. Payne, the defendant in the main action, under a writ of attachment i...
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The plaintiffs, Seattle and Everett banks, separately, on the same day, commenced these actions in the superior court for Skagit county, seeking recovery from the defendant, Clear Lake Sales Corporation, upon certain promissory notes evidencing a separate indebtedness owing by it to each of the banks in an amount of approximately $43,000. The interveners, Walton and Moody, as receivers of the inso...
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The plaintiffs McLain and wife seek recovery of damages as the alleged result of the negligent operation of a ferry boat belonging to the defendants Easley and Morton. Trial in the superior court for Franklin county, sitting with a jury, resulted in a verdict awarding to the plaintiffs recovery in the sum of $600. Thereupon the defendants moved for judgment denying to plaintiffs recovery, notwiths...
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The plaintiff, Kitchen, seeks recovery of damages alleged as the result of the negligent operation of one of the street cars of defendant railway company. Trial proceeded in the superior court for Pierce county, sitting with a jury. At the conclusion of the *Page 384 evidence introduced in behalf of Kitchen, and also at the conclusion of all of the evidence introduced in behalf of both parties, c...
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(dissenting in part) — I cannot agree that the instruction relating to interest is improper in any degree. ...
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Louis L. Mendel and his wife, the owners of lot 6, block 6, of the plat of Seattle as laid out by the heirs of Sarah A. Bell, deceased, entered into a duly acknowledged written contract on May 13, 1924, by which they leased the property to W.G. Hedgecock for the period commencing June 1, 1924, and ending December 31, 1973. The lease provided for the payment of monthly rentals in specified amounts ...
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This was a replevin action. The cause came on for trial before the court and a jury. At the conclusion of the evidence, defendants made a motion that the jury be directed to find in favor of the defendants as to their right to the possession of the automobile truck in question; that, if the possession could not be delivered, the jury should then find the value of the automobile and assess the dama...
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This controversy involves the rights of the respective parties thereto in and to certain real and personal property, formerly the estate of Nels Truedson, deceased. To its understanding, it is necessary to recite, with some detail, the facts which give rise to it. Nels Truedson died intestate in Lincoln county, in this state, on October 30, 1915. He left as his heirs at law his widow and five chil...
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The plaintiff trust company commenced this action in the superior court for King county, seeking foreclosure of a mortgage trust deed, executed and delivered to it by the defendants Agnes C. Beggs and her husband to secure payment of a series of *Page 436 promissory notes executed and delivered to it by them. A trial upon the merits resulted in findings and decree awarding to the trust company fo...
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In the complaint in this case three causes of action are stated, one for $68.32 for gasoline, oil and automobile supplies sold by the plaintiff to the defendant, one for $126.40, the alleged balance of the purchase price on a Chevrolet automobile, and one upon a promissory note for $119.80. The answer denied liability upon all of the causes of action. By reply the affirmative matter in the answer ...
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The defendant Mason was, by information filed in the superior court for King county, duly charged with the crime of assault in the second degree, *443 committed in that county, by feloniously making an assault upon a Miss Johnson with intent to commit the crime of rape upon her. The case proceeded to trial in the superior court sitting with a jury, resulting in a verdict finding Mason guilty as...
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HOLCOMB, J., dissents. This is an action in mandamus. The plaintiff brings the action as a citizen, taxpayer and elector. The defendants are the members of the board of county commissioners of King county. The purpose of the action was to require the defendants to rescind an order which they had made redistricting the county as to the commissioner districts. After the action was begun, the port di...
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The appellant on November 12, 1925, appeared at the office of the respondent at Melbourne, Washington, having in his possession a ticket which he had obtained at a Seattle employment office and which he surrendered to the respondent when the following contract was entered into: *Page 470 "Clemons Logging Company "Camp No. 4 Melbourne, Wash., Nov. 12, 1925 "Foreman: "Ed Wabnec h...
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The parties to this action were married in 1920. To them were born three children, two of whom are living, and at the time of the divorce action which gave rise to this appeal were of the ages five and three years. The defendant husband was pos *474 sessed of considerable separate property at the time of the marriage, totaling $18,000, and the wife of approximately $350. After marriage the husb...
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In this action the appellant, Marie Campbell, claiming to be the owner of a six-tenths *Page 479 interest in a quarter section of land situated in Pacific county, sought to have her title thereto quieted against the claims of the respondents, and to have the land partitioned. From an adverse judgment, she appeals. There are certain facts in the record that are not in dispute. The land was patente...
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In this action, upon a policy of collision insurance issued by appellant to respondent, after a trial to the court and a jury, a verdict and judgment for $550 in favor of respondent were entered. Upon appeal, the principal question to be decided is the construction to be placed upon a provision contained in the policy sued upon, rendering the policy void in the event that the assured was other tha...
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On January 10, 1925, defendant Austin was the owner of a truck and trailer, which he on that day mortgaged to one Raynor for a certain sum of money, and subsequently Raynor assigned the note and chattel mortgage to appellant. This chattel mortgage was a renewal, or substitution, of another chattel mortgage on the same property for a larger sum of money, which in turn was also a renewal, or substit...
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In June, 1926, the respondents Johnson were in possession of a small tract of land in Grays Harbor county. The defendants Nelson, being the owners and claiming the right of possession, brought an action for that purpose. They prayed for a writ of restitution, and after having filed bond with the clerk of the court as required by law, he issued the writ, which was delivered to the sheriff who serve...
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This is an appeal from an order of the superior court refusing to vacate an order setting over to Marie Neilsen three thousand dollars worth of property in lieu of homestead out of the estate of J.P. Neilsen, deceased, in accordance with Rem. Comp. Stat., § 1473 [P.C. § 9893]. On February 21, 1926, Mr. Neilsen was killed in an automobile accident, and his wife was seriously injured and was confine...
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About six o'clock on the evening of February 8, 1925, four police officers of the Spokane police department, armed with a search warrant, entered a pool hall in the city of Spokane and thoroughly searched the premises, looking for intoxicating liquor, but found none. Some time later in the evening, the four officers returned to the premises, and secreting themselves, watched certain transactions w...
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The Whitman county game commissioners presented claims to the county auditor for payment. He refused to pay them without first submitting them to the board of county commissioners for examination and allowance. Upon such refusal, the county game commissioners brought action to compel the county auditor, by mandate, to issue his warrants in payment of the claims. Upon hearing, upon stipulated facts...
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As stated by counsel for appellants, this is an action for the recovery of rents accruing on real estate, evidenced by a check for $675, dated July 5, 1920. Although the second amended complaint, which is the pleading involved herein, was not filed until long afterward, it seems that the action was commenced by the filing and service of the original complaint on December 21, 1926. Upon demurrers b...
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Heinrich Sieler, a widower, executed and delivered four promissory notes each bearing interest, and secured each note by a mortgage on a separate tract of land in this state. He owned the lands in his own separate right. One note for $6,500 was dated May 1, 1914, and matured on May 1, 1919. Another note for $12,000 was dated December 21, 1913, *Page 531 and matured January 1, 1919. Another note f...
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Appellant, by her amended petition, alleges that she and the deceased, Arthur E. Ziegner, intermarried on August 29, 1910, and remained husband and wife until October, 1916, when, upon her application, the marriage was dissolved by divorce. On September 19, 1912, while they were still husband and wife and living together as such, the deceased made a will which, if there were no children born of *P...
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Appellant, by her amended petition, alleges that she and the deceased, Arthur E. Ziegner, intermarried on August 29, 1910, and remained husband and wife until October, 1916, when, upon her application, the marriage was dissolved by divorce. On September 19, 1912, while they were still husband and wife and living together as such, the deceased made a will which, if there were no children born of *5...
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This case arose out of various conflicting interests involved in the affairs of the Clear Lake Lumber Company. In the summer of 1925, and at the instigation of a stockholder, receivers were appointed to manage its affairs, and later, in the early part of 1926, certain creditors, by independent suit, joining in the application, the former receivers were discharged and the present ones appointed. Fo...
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This case has heretofore been before this court on the appeal of the plaintiff from a judgment n.o.v. in favor of the defendants. Karr v. *Page 570 Mahaffay, 140 Wash. 236, 248 P. 801. The judgment was there reversed, and the cause remanded with instructions to pass upon the motion for a new trial. That the trial court denied the motion for a new trial must be inferred from the fact that it entere...
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Appellant Nelson, in February, 1925, entered into a contract with the city of Tacoma to do certain construction work. He gave a bond as required by statute, with his co-appellant, Maryland Casualty *Page 573 Company, as surety thereon. Later, respondents became sub-contractors under Nelson, apparently performed their work, and on October 15, 1925, filed with the city clerk of the city of Tacoma a...
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Plaintiff brought this action to recover damages for a claimed alienation of his wife's affections by the defendant. The cause was tried to a jury, and the verdict was for the defendant. The court granted a new trial upon the ground that the verdict was contrary to the weight of the evidence. The defendant then appealed, assigning two errors. [1] He first claims that the court erred in permitting ...
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The defendant, Hutton, was, by complaint filed in a justice court of Pierce county, charged with criminal libel, as follows: "Before me, FRANK A. McGILL, a justice of the Peace, in and for the said County, this day personally appeared Edward F. Schuyler, who, being first duly sworn, on oath, complains and says: That on or about the 15 day of August, 1926, at Tacoma, in the County of Pierce, and St...
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The defendant, Kitchen, was, by complaint filed in the police court of the city of Tacoma, charged that he did "unlawfully drive an automobile, while intoxicated, upon a public street in the city of Tacoma," in violation of the provisions of a certain ordinance of the city regulating traffic upon the streets of the city. Trial in that court resulted in the defendant being adjudged guilty, from whi...
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The defendant was tried and convicted of the crime of attempted burglary. The facts, as disclosed by the record, show that some time between 11:00 and 12:00 o'clock on the night of the 25th of August, 1926, the defendant went to an apartment house on South 9th street in the city of Tacoma; that he went to the door of the apartment of the complaining witness, took hold of the door knob, turned the ...
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The relator instituted this action against C.W. Clausen and W.G. Potts, as members of the state highway committee, and in their respective capacities as state auditor and state treasurer, for the purpose of restraining them from employing and paying the respondent Beeman as a secretary and consulting engineer to the state highway committee. A demurrer was interposed to this complaint on the ground...
Views: 5
Plaintiff brought this action to recover damages for personal injuries sustained when he was struck by defendants' automobile. At the time of the accident, plaintiff was an employee of the Seattle Rainier Valley Car Lines, and was away from the plant of his employer. His injury not resulting from the negligence of another in the same employ, he had, under Rem. Comp. Stat., § 7675 [P.C. § 3470], th...
Views: 4
(dissenting) — It is my opinion that the debt evidenced by the judgment was discharged by the proceedings in bankruptcy.. I therefore dissent from the conclusion reached by the majority. ...
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This is an appeal from a judgment based on the verdict of a jury awarding damages for the taking of property by condemnation. All of the errors assigned go to the principal question hereinafter discussed, and incidentally to the inadequacy of the amount awarded. A somewhat detailed statement *Page 608 is necessary to an understanding of the main point involved. The complaint, among other things, ...
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Appellant instituted this proceeding to have the court modify the original decree in a divorce proceeding and relieve him from the burden of paying the sum of twenty-five dollars per week to the respondent. Appellant alleged a change of condition and set up facts which we will assume were sufficient, if established, *Page 613 to justify the court in modifying the decree, if it had power so to do....
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This case is here, after a trial by the court, upon findings of fact, conclusions of law and judgment, without a statement of facts. The amended complaint, upon which the action was tried, alleged substantially: That Henry H. Wolfe was the father of respondents, and of appellant, and was, until the time of his death, a member of Blue Mountain Lodge No. 5, Ancient Order of United Workmen of Washing...
Views: 5
The respondent was, in an information containing two counts, charged with two distinct crimes of the same class, namely, a robbery committed upon one Hennessy on January 28, 1927, and a robbery committed upon one Pond on March 25, 1927. Respondent's motion for a separate trial on each count was denied; and after a trial upon both counts, to the same jury, a verdict of guilty upon each count was re...
Views: 7
The plaintiff dredging company commenced this action in the superior court for King county seeking recovery of the sum of $4,000 from the defendant Berg, as an indebtedness owing by him to it upon his alleged subscription for forty shares, of the par value of $100 each, of its capital stock; alleging such subscription as having been made by him and the whole thereof as being unpaid. The defendant...
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The defendants, George and Claude Strickland, were jointly charged, by complaint filed in a justice court of Pierce county, with the misdemeanor of unlawfully manufacturing intoxicating liquor for the purpose of sale. The justice court, having jurisdiction of the case for the purposes of trial, proceeded with the trial, and, at the conclusion thereof, adjudged both defendants guilty. From that jud...
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This action was brought by the plaintiff as trustee in bankruptcy to set aside a deed to block 4 of Galliher's Addition to Olympia and to compel the transfer of this property to the plaintiff. The cause *Page 635 came on for trial before the court without a jury, and at the conclusion of the plaintiff's evidence, upon motion of the defendants, a judgment was entered dismissing the action, from wh...
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This action involves the title to certain real property, situated at Marysville, in the county of Snohomish. The property was formerly owned by one Charles A. Robinson. The respondent, Isabel Mott, claims through a deed executed to her by Robinson. The appellant, Austin McDonald, claims as devisee under the last will and testament of Robinson. While neither the deed nor the will was produced in ev...
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The plaintiff Johnson commenced and prosecuted this action in the superior court for King county seeking recovery from the defendant Chittenden of a small tract of land measuring ten and one-half feet north and south along the west line of Twelfth avenue northeast and extending back forty-five feet east in block 10 of James’ Division of Creen Lake Addition to Seattle. Trial upon the merits in tha...
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This action was brought by respondent, as trustee in bankruptcy, pursuant to an order of the referee in bankruptcy, to recover an alleged unlawful preference made by the bankrupt to appellants within the four-months period prior to bankruptcy. The bankrupt, Axel Hoyer, being then the owner and proprietor of a chain of six retail grocery stores *Page 652 in Seattle, gave six chattel mortgages to a...
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Joseph Devereaux and Lillian Devereaux were husband and wife for ten years until her death on April 5, 1927] in Pierce county, Washington. During that time they acquired the personal property involved in this controversy. On April 22, 1927, he was appointed and qualified as administrator of her estate. Shortly thereafter, as administrator, he brought this action against defendants J osie Ander *...
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Kathryn Larson of North Dakota was killed on February 6, 1926, by a street car operated by the Tacoma Railway Power Company on Pacific avenue in Tacoma, at or near the north sidewalk line of Nineteenth street extended across the avenue. The avenue has a street car track on each side, near the center of the avenue, the one on the west side for south bound traffic and the other for north bound traf...
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Richard T. Sandgren, in his lifetime, purchased for one dollar a policy of accident insurance in the respondent company. Across the face of the policy in red letters appeared this warranty: *Page 666 "This is a Limited Policy." This statement represented truthfully the character of the insurance issued. Among the provisions was one that death occasioned "by being accidentally thrown from" an auto...
Views: 0
On January 6, 1927, appellant recovered a judgment against respondent O'Dell for $696 and costs in an action for personal injuries, received *Page 668 through the negligent operation of an automobile by Miss O'Dell. The complaint upon which the case was tried, among other things, pleads an ordinance of the city of Seattle, and alleges: "That at the time said defendant, Patricia O'Dell, struck the...
Views: 6
There is but one question in this case, i.e., does a purchaser at a county tax foreclosure sale, where the city has been regularly served, take title subject to local improvement assessments? [1] We have held: "By the provisions of Rem. Bal. Code § 9230, (P.C. 501, § 205), the lien of general taxes is declared to be superior to all other liens and claims upon the property against which such taxes...
Views: 3
The relators in this proceeding seek a writ of mandate directing the superior court to enter what they conceive to be the judgment directed by this court in the case of Campbell v.Nichols, 145 Wn. 614, 261 P. 408. The relators prepared and presented a form of judgment, and the receiver, J.E. Fraser, objected to its entry and presented to the superior court what he denominated a "final report," in ...
Views: 1
The relators in this proceeding seek a writ of mandate directing the superior court to enter what they conceive to be the judgment directed by this court in the case of Campbell v. Nichols, 145 Wash. 614, 261 Pac. 408. The relators prepared and presented a form of judgment, and the receiver, J. E. Fraser, objected to its entry and presented to the superior court what he denominated a “final report...
Views: 1
This is an action for damages. A demurrer by each defendant to the complaint was sustained. An amended complaint was filed, to which a demurrer by each defendant was sustained. A second amended complaint was filed, and responding thereto, each defendant, alleging that the cause of action attempted to be set forth was identical with the first amended complaint, moved to strike the second ...
Views: 0
This is an action by the administratrix to recover damages for the death of the intestate caused by the defendants. The action, pursuant to the statute, was brought in behalf of a sister of the intestate, alleged to have been dependent upon him for support. Upon trial, the defendant admitted liability for death and the sum of $193 funeral and nurse expenses. The jury returned a verdict for $3,433....
Views: 0
This action involves the foreclosure of a lien on lands belonging to H.J. Snively and wife for special assessments on account of street improvements in the city of Yakima. On a former appeal it was decided, as follows: "Instead of reassessing, the city may, at its option, to avoid further litigation and expense, within thirty days after the filing in the lower court of the remittitur herein, accep...
Views: 0
Appellant, as plaintiff, brought this action to recover for the alleged breach of a written contract. After trial to the court, findings of fact favorable to the defendants were made, and a judgment of dismissal was entered, from which judgment the plaintiff has appealed. The story of the case is tersely told by the findings, which, omitting the formal parts, read: *693 “That on or about ...
Views: 1
An interlocutory decree of divorce was awarded to the appellant, who has brought to this court for review the sole question of the settlement of the property rights between the parties. An investigation of this matter leads the court to the conclusion that the property was properly divided, except as to one item, and the award is modified by withdrawing from the allowance to the respondent the ...
Views: 0
The plaintiff, Wilson, seeks a decree forfeiting all rights of the defendant, Pederson, under a farm lease contract entered into between them; and also recovery of possession of the farm. Trial in the superior court for Kittitas county resulted in findings and judgment denying to the plaintiff the relief prayed for, from which he has appealed to this court. The plaintiff rests his claim for rel...
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ON REHEARING. Upon a rehearing En Banc, a majority of the court adheres to the opinion heretofore filed herein, and reported in 144 Wn. 363,258 P. 23. The judgment is therefore affirmed. *Page 697 ...
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This is a companion case to State ex rel. McPherson Brothersv. Jones, ante, p. 55, 261 P. 640, and on the authority of that case the judgment is affirmed....
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This is a companion case to State ex rel. McPherson Brothers v. Jones, ante, p. 55, 261 Pac. 640, and on the authority of that ease the judgment is affirmed....
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On Reheabing. Upon a rehearing En Banc, a majority of the court adheres to the opinion heretofore filed herein, and reported in 144 Wash. 363, 258 Pac. 23. The judgment is therefore affirmed....
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This is a companion case to Bank of California v. Clear LakeLumber Co., ante p. 543, 264 P. 705, and involves the same issues, and on the authority of that case, the judgment is reversed, with instructions to proceed in accordance with the opinion in that case....
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All of the matters involved in this case have been covered in the opinion in Bank of California v. Clear Lake Lumber Co.,ante p. 543, 264 P. 705, and on the authority of that case, the judgment is affirmed. *Page 698 ...
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ON REHEARING. Upon a rehearing En Banc, a majority of the court adheres to the opinion heretofore filed herein, and reported in 145 Wash. 316,259 P. 1087. The judgment is therefore reversed, with directions to grant the motion for a new trial. *Page 699 ...
Views: 6
ON REHEARING. Upon a rehearing En Banc, a majority of the court adheres to the opinion heretofore filed herein, and reported in 145 Wash. 267,259 P. 724. The judgment is therefore reversed, with directions to dismiss the action....
Views: 0
In September, 1924, appellant and respondent entered into a contract for the remodeling and repairing of a beauty parlor in the basement of the Tacoma Hotel. The contract was in writing and set forth in detail certain changes and alterations. During the. course of the performance of this contract, certain changes and additional improvements not contemplated by the agreement were made, and a dispu...
Views: 4
This is an action upon an assigned claim for services alleged to have been performed for the defendant. Upon trial to the court, without a jury, judgment was rendered for the plaintiff. Upon appeal, three errors are assigned, all of which go to the question of the sufficiency of the evidence. The court found that the services were rendered and that they were of the reasonable value of $350. The...
Views: 2

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