Reports of Cases Determined in the Supreme Court of the State of Washington, Volume 23Bancroft-Whitney Company, 1901 Vol. 1 includes the decisions of the Supreme Court of the Territory of Washington for 1889. |
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23 Wash affirmative affirmative defense agreement alleged ANDERS answer Appeal from Superior appellant assessment attorney authority Ballinger's Code bond cause of action claim complaint contract counsel County.-Hon court was delivered Court-DUNBAR Court-WHITE damages decree deed defendant demurrer DUNBAR entered entitled evidence execution F. M. Tull filed franchise FULLERTON garnishee German Savings Gibbons granted guardian held injury interest issue Jones Judge judgment jurisdiction jury King county Kinnaird land lien Loan Society Megrath ment mortgage negligence notice Opinion ordinance owner paid party payment person petition Pierce county plaintiff pleadings premises proceedings purchase question railway real estate real property reason REAVIS record recover respondent rule Savings & Loan Seattle Spokane county Spokane Falls statute street superior court supra testimony thereof Thurston County tide lands tion trial verdict Washington wife writ
Popular passages
Page 576 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 416 - Whatever belongs merely to the remedy may be altered according to the will of the state, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the Constitution.
Page 358 - All property in this Commonwealth is .... held subject to those general regulations which are necessary to the common good and general welfare. Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...
Page 359 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 775 - But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. If there be any uncertainty on this head in the record, — as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered, — the whole...
Page 60 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Page 577 - This is not the substitution of the will of the judge for that of the legislator, for frequently words of general meaning are used in a statute, words broad enough to include an act in question, and yet a consideration of the whole legislation, or of the circumstances surrounding its enactment, or of the absurd results which follow from giving such broad meaning to the words, makes it unreasonable to believe that the legislator intended to include the particular act.
Page 414 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...
Page 204 - ... the record of a judgment rendered in another State may be contradicted as to the facts necessary to give the court jurisdiction ; and if it be shown that such facts did not exist, the record will be a nullity, notwithstanding it may recite that they did exist ; " and that " want of jurisdiction may be shown either as to the subject-matter or the person, or, in proceedings in rem, as to the thing.
Page 323 - When money has been deposited, if it remain on deposit and forfeited at the time of a judgment for the payment of a fine, the county treasurer must, under direction of the court, apply the money in satisfaction thereof, and after satisfying the fine, must refund the surplus, if any, to the defendant.