Cases Determined in the Supreme Court of Washington, Volume 64Bancroft-Whitney Company, 1912 |
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64 Wash affirmative defenses alleged amount appellant appellant's authority cause of action charge claim Code Company complaint concur contended contract corporation counsel damages decree deed defendant demurrer dismissal duty easement election entered evidence ex rel fact favor fee simple filed foreclosure granted held injury instructions July jury King county lease liable lien lumber McLaughlin Brothers ment mortgage N. Y. Supp negligence nonsuit Northern Pacific Railway notice Opinion Per CHADWICK Opinion Per CROW Opinion Per DUNBAR Opinion Per ELLIS Opinion Per FULLERTON Opinion Per GoSE Opinion Per MORRIS Opinion Per MOUNT Opinion Per PARKER owner paid parties payment penstock person Pierce county plaintiff prosecution purchase purpose question railway reason Reported in 116 respondent respondent's rule Seattle Spokane spondent statute street superior court sustained taxes testimony thereof tide lands timber tion trial court verdict
Popular passages
Page 694 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
Page 612 - ... all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the. public for irrigation, mining, and manufacturing purposes subject to existing rights.
Page 628 - It Is in the general true that the province of an appellate court is only to inquire whether a judgment when rendered was erroneous or not. But if, subsequent to the judgment, and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied.
Page 408 - An independent contractor is one who, in rendering services. exercises an independent employment or occupation, and represents his employer only as to the results of his work, and not as to the means whereby it is to be accomplished.
Page 127 - ... he believes, and has reasonable grounds to believe, that he is in imminent danger of death or great bodily harm.
Page 96 - Punctuation is a most fallible standard by which to interpret a writing ; it may be resorted to when all other means fail ; but the court will first take the instrument by its four corners, in order to ascertain its true meaning ; if that is apparent on judicially inspecting the whole, the punctuation will not be suffered to change it.
Page 668 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 684 - If the statute expressly declares any particular act to be essential to the validity of the election, or that its omission shall render the election void, all courts whose duty it is to enforce such statute, must so hold, whether the particular act in question goes to the merits, or affects the result of the election, or not. Such a statute is imperative,and all considerations touching its policy or impolicy, must be addressed to the legislature.
Page 105 - That the taxing power is of vital importance ; that it is essential to the existence of government ; are truths which it cannot be necessary to re-affirm ; they are acknowledged and asserted by all.
Page 287 - ... give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.