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156 Wash. 397

287 P 13

State v. Alberg

Washington Supreme Court

Decided April 17, 1930

Washington Supreme Court · decided 1930-04-17

Good law ✅— No negative treatment on recordhow we know

Decided 1930-04-17

How this case has been cited

Cited by 11 later decisions — most recently December 1985

11 state decisions

40193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Holcomb, J.

¶1 (dissenting)- — -This decision makes the affidavits of two most vitally interested litigants outweigh the certified records of a justice of the peace who was wholly disinterested. That is a rather startling innovation in the law. The decision also invades the discretionary province of the superior court, which we have never done before in such cases, except for “manifest abuse of discretion,” which is not shown here.

Fttllertoh, J.

¶2 (dissenting) — I dissent for the reasons stated by Judge Holcomb, and for the further reason that a justice’s record cannot be attacked in the manner here attempted.

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