Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1905-05-05
SUPREME COURT MATTERS.
Two Hundred and Flfty.Eisht Cases Dscidet
Within Past Three Months.

| W. ssesVsS 0SS'b NUAh
Two Hundred and Flfty.Eisht Cases Decided
Within Past Three Months.
The following decisions by the
higher court, rendered Monday, are
reported by the Olympian:
\. S. Blood VS.. John Sielert, from
Snohomish county. Judgment OF
Superior Court overruling demurrer
reversed. The suit is to recover dam.
ages under deed OF timber which
Sielert sold to Blood but which the
Snohomish Land company later en-.
joined Blood from cutting.
S. Andrew Hartman VS.. Worth
Belden, from Spokane county. judy.
ment for plaintiff reversed and case
ordered dismissed. Plaintiff alleged
that the Beldens had organized a
million dollar corporation to operate
in coal lands in British Columbia near
Nicolai and that they had sold stool
belonging to the company and con.
verified the proceeds to their own use.
John Russell, trustee in bankruptcy
OF Popp g. Martin, vs.. Powell, Roberts
q Finley from Spokane county. Order
of Superior Court setting aside verdict
for plaintiff for ", 476 and granting a
new trial is affirmed.
J. II. Young VS.. Louis sDroz from
Stevens county. Judgment for de.
PENDANT is reversed. Plaintiff sued to
set aside a tax deed. The high cour,
says the deed is void because the
summons in the tax sale read tn at
defendant appear to answer the COM
plant within go days after the
service OF this summons upon YOU"
while it should have read "6O DAYS
from the date OF the first publication
of this summons"
John Anderson vs. A. J. and Mary
Hilker from Chehalis county. Judg
ment for plaintiff affirmed as TO Mrs
Hilker and set aside as to her husband
1t was on breach of contract for NOV
ing the Ocosta hotel.
Henry Howard vs.. z. 8. Ross from
Spokane county. Judgment for plain
till. The action was to revive an old
judgment which defendant asserted
Was barred by the statute OF limita.
tons.
| + X. Hawkins vs. John T. Casey
judgment affirmed. Hawkins sued
on note for 1900. Casey put in q
counter claim for $3.50 for locating
Hawkins on a timber claim and won a
verdict from the jury.
Norris l. Rice vs.. John Byrne ct al.
from Thurstop county. Judgment sci
aside and lower court ordered to enter
judgment for plaintiff for $500 aud
costs. Action was brought to recover
that amount commission on the sale
of the Woodruff building in this city.
E. E. Allen vs.. c. Z. Peterson ct al.
judgment for plaintiff affirmed. The
suit was to foreclose tax title Ger.
tificate.
Emma Amelyia Miller vs., John
Edward Miller, FROM King county
Divorce decree aud distribution oil
property affirmed. The lower court
gave all the real estate to the wife
The high court says shat she was an
Alaska widow, and that it is proper
q deserted wife should be given sll the
property to avoid endorsements
privations and hardships which natur
ally fall to the lot of q woman left
dependent.
John Solder vs. Adams Hardware
company, action to recover damages
for cutting timber. In the lower court
plaintiff asked q continuance. The
court granted it on the payment Of
$40 before a certain date. Plaintiff
did not pay the 500 and the case wa.
dismissed. The dismissal is affirmed
Arthur d. Jones & Co., vs.. New Eng
land Mortgage Co., from Spokane
county. Action to recover for breach
OF warranty in deed. Judgment fol
plaintiff reversed.
George N. Netheroutt vs.. Fannie
Hopkins, Spokane county. Action te
recover on notes. Judgment against
plaintiff affirmed. The court found the
defendants are illiterate and depended
upon Mr.. Nethercutt, who was theil
attorney. He bought in the notes al
big discount and sought to collect them
at par with interest and with SIS at
torney's fee. "Strong evidance o
fraud" is the courts description Of tn
testimony.
Mary E. Wilcox VS.. Sarah Jan,
Smith from Spokane county. Judg
ment for defendants affirmed.
Standard Furniture Go. vs.. P. c. An
derson from King county. judgment
for recovery Of property sold unde
conditional sale affirmed.
State on the relation OF J. B. Forger
ty against the Everett Water Com
pany, The company turned the waite
Off Fogerty's house at Everett becaus
he would not comply with regulation
limiting the use of the tap to patron
OF the company. He asked for man
date to require the company to furnish
him with water. The lower court re
fused the writ. Affirmed.
Paul Poison vs.. State Board OF Lam
Commissioners = a.. Poison applies
10 buy tide lands and an appraisemen
was had and sale ordered. The boar
then cancelled its action and refuses
to sell the land. The Supreme Oour
: says the board acted wi!hen its dis
oretionary powers and its ACTIONS ma
not be disturbed by the courts.
Nels Carson vs.. Sopkne Count