Reports of Cases Determined in the Supreme Court of the State of Washington, Volum 9
Bancroft-Whitney Company, 1895
Vol. 1 includes the decisions of the Supreme Court of the Territory of Washington for 1889.
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accord and satisfaction affirmed agreed agreement alleged amended amount Anders answer Appeal from Superior appellant assessment assignment authority Baitey Bank bond C. J. 9 Wash charged claim Code Company complaint concur constitution contract contributory negligence corporation council court of equity court was delivered Court—Dunbar Court—Stiles damages Decided June decree deed defendant demurrer dissents dollars Dunbar duty entitled evidence executed fact filed Fischer & Macdonald ground Hoyt improvement judgment jurisdiction juror jury King County land legislature lien lumber ment mortgage motion negligence notice Opinion owner paid parties payment person Pierce County plaintiff pleadings possession proceedings proof question reason rendered respondent rule Scott Seattle Skagit County Spokane Spokane County spondent statement statute Stiles street sufficient Superior Court sustained Tacoma testimony therein thereof Thurston County tion Town of Elma verdict warrant
Side 98 - The indictment or information must contain: 1. The title of the action, specifying the name of the court to which the same is presented, and the names of the parties; 2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Side 622 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Side 392 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Side 622 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Side 583 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.
Side 482 - The case was tried by a jury, and there was a verdict and judgment in favor of the plaintiff for the sum of five thousand and thirty-eight dollars and fifty cents, and the defendant appealed.
Side 26 - C, together with the time and date when the mortgage is so endorsed; (3) An affidavit is filed with the record of such mortgage to the effect that the mortgage is made in good faith and without any design to hinder, delay, or defraud any existing or future creditor of the mortgagor or any lienor of the mortgaged vessel...
Side 735 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Side 69 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.* 906.
Side 90 - It may be that it is the obnoxious thing in its mildest and least repulsive form ; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy and leads to gradual depreciation...