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https://www.courtlistener.com/api/rest/v3/opinions/4241921/
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7206 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JASMINE HARGROVE, a/k/a Jasmine Champion, ...
01-03-2023
02-02-2018
https://www.courtlistener.com/api/rest/v3/opinions/1265731/
303 S.C. 256 (1990) 399 S.E.2d 791 Gerald W. HARDWICK, Appellant v. Diana L. HARDWICK, Respondent. 1579 Court of Appeals of South Carolina. Heard November 12, 1990. Decided December 10, 1990. *257 John B. Thomas and Joseph W. Ginn, III, of Thomas & Ginn, Charleston, for appellant. Paul N. Uricchio, Jr., of Uricchio, Ho...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4227577/
12/11/2017 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 27, 2017 STATE OF TENNESSEE v. ZACHARY EVERETT DAVIS Appeal from the Criminal Court for Sumner County No. 754-2014 ...
01-03-2023
12-11-2017
https://www.courtlistener.com/api/rest/v3/opinions/274149/
370 F.2d 336 D. J. CAMPBELL CO., Inc.v.The UNITED STATES. No. 76-63. United States Court of Claims. December 16, 1966. Charles E. Prieve, Milwaukee, Wis., for plaintiff. John A. Meyer, Milwaukee, Wis., of counsel. Edward B. Greensfelder, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defe...
01-03-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/1976542/
380 Pa. Superior Ct. 268 (1988) 551 A.2d 578 Crystal GREEN, a minor by her parent and natural guardian Charlotte GREEN, and Charlotte Green in her own right, Appellants, v. SEPTA, Appellee. Supreme Court of Pennsylvania. Argued September 7, 1988. Filed December 14, 1988. *269 Dale G. Larrimore, Philadelphia, for appell...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3867578/
John W. Doyle, the appellant, being the president of Division No. 12, Ancient Order of Hibernians, a corporation duly created by the law of this State, and located in Providence, in behalf of himself and other members of said division, filed in the Superior Court a petition addressed to that court, asking that a writ o...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3405654/
The petition by a loser against parties who allegedly won money from him jointly at games played with gambling devices was properly held not subject to general demurrer, or to special demurrer on the ground of a misjoinder of parties defendant. DECIDED FEBRUARY 15, 1941. REHEARING DENIED MARCH 29, 1941. Joseph ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4062052/
HJS2SCOJT 0=APPEALS tfcr Coj- gtApaaais D-srict i COPY OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BO...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3867592/
Petition for a writ of mandamus directing the respondent, Secretary of State, to accept the certificate of nomination of petitioner for the office of representative in the General Assembly and to cause his name to be placed on the official ballot for election. There is not much dispute as to the facts. October 9, 1924,...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3405776/
One who warns another to come no farther, as he stands upon the porch of his home with a rifle in his hands, and, holding it at his hip, points it in the direction of the other, who, leaving a group of confederates stationed nearby, approaches the house with the manifest intention of doing violence to the occupant, is ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3869072/
These are actions of the case brought by Sophie Sokoloski and her husband to recover their respective damages by reason of personal injuries received by her, while in the exercise of due care, in being knocked down by a taxicab *Page 116 which they allege was then being negligently operated by the defendant's employee...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3869073/
This suit in equity is before us on the complainants' appeal from a decree of the superior court dismissing the bill of complaint after a hearing on the bill, answer and replication and the filing of a decision for the respondents. The suit was brought on June 30, 1931 by Charles J. Dodge, Samuel R. Dodge and Helen F. ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3867605/
This cause comes before us, upon a motion for a new trial, for the decision of two questions which are raised by it;first, whether as a matter of practice, a subsequent will, made and admitted to probate in another state, can be allowed to be filed and recorded here, without first revoking the probate of a prior will o...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/2740645/
Cite as 2014 Ark. App. 544 ARKANSAS COURT OF APPEALS DIVISION IV No. CV-13-460 MIDFIRST BANK, CAROLYN Opinion Delivered October 8, 2014 BEDFORD, AND DENISE BEDFORD ...
01-03-2023
10-08-2014
https://www.courtlistener.com/api/rest/v3/opinions/1715069/
567 N.W.2d 100 (1997) 252 Neb. 526 Kenneth J. KRAMER, Appellee, v. Kathleen J. KRAMER, Appellant. Nos. S-95-728, S-96-629. Supreme Court of Nebraska. May 23, 1997. *103 Peter C. Bataillon, Omaha, and Kelly K. Brandon, Bellevue, of Sodoro, Daly & Sodoro, for Appellant. Robert J. Hovey, P.C., Bellevue, for Appellee. WHIT...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3861452/
Argued December 10, 1928. Defendant was convicted of the unlawful possession of intoxicating liquor in violation of the Act of March 27, 1923, P.L. 34. He appeals and here asserts that the evidence was insufficient to convict. We affirm the judgment for the reasons stated in the opinion of the court below.
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1049922/
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE May 25, 2010 Session TONYA L. GERAKIOS v. MICHAEL T. GERAKIOS, JR. Direct Appeal from the Circuit Court for Davidson County No. 08D1276 ...
01-03-2023
10-08-2013
https://www.courtlistener.com/api/rest/v3/opinions/1715097/
567 N.W.2d 259 (1997) In re Petition for DISCIPLINARY ACTION AGAINST John E. GRZYBEK, an Attorney at Law of the State of Minnesota. No. C4-96-128. Supreme Court of Minnesota. July 31, 1997. Marcia Johnson, Director, Craig Klausing, Asst. Director, Office of Lawyers Prof. Responsibility, St. Paul, for Appellant. John Gr...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3856456/
Argued October 7, 1940. We need not now decide the interesting question discussed by the appellant, as to whether the reason given by the court below for dissolving the foreign attachment was sound or not; for whether or not, in the circumstances of this case, the plaintiff was justified in joining the principal and th...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3870271/
Of the general right of the pledgee to collect notes and securities pledged to him, there can be no doubt. If he could collect only the amount for which the paper was pledged, this would render two suits necessary to collect the whole amount of the note pledged. The pledgee can collect the whole, and account to the ple...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3854424/
Argued April 28, 1925. The original action was brought in the County Court of Allegheny County. It arose out of a collision between automobiles. The defendant made application to the Court of Common Pleas for leave to appeal from the county court, whereupon a rule to show cause was granted, which was made absolute. Fro...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/150767/
NOTE: This order is nonprecedential United States Court of A11peaIs for the FederaI Circuit RUBY MCFADDEN, Clozimant~Appellan,t, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. 2010-7031 Appeal from the United States Court of Appeals for Veterans Claims in case no. 07~3529, Judge Lawrence B. Ha...
01-03-2023
07-16-2010
https://www.courtlistener.com/api/rest/v3/opinions/154077/
UNITED STATES COURT OF APPEALS Filed 10/21/96 TENTH CIRCUIT MILDRED PEARSON, Personal Representative of the Estate of Denny Pearson and Mildred Pearson, an individual, Plaintiff - Appellant, v. CITY OF OKLAHOMA, a municipal corporation; W. B. SMITH, LT., ind...
01-03-2023
08-14-2010
https://www.courtlistener.com/api/rest/v3/opinions/3406012/
Under the law and the evidence the verdict in favor of the plaintiff was authorized, and the court did not err in overruling the defendant's motion for new trial. DECIDED FEBRUARY 7, 1941. O. M. Wright brought suit against the City of Rome and Southern Railway Company to recover damages on acco...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3995068/
This action was brought by appellants to recover damages alleged to have been caused by respondent to property owned by appellants situated northeast of the intersection of East Boston street and Fourteenth avenue north, in Seattle. The complaint alleges the considerable value of the land and improvements that had been...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3870285/
This defendant was tried in the superior court upon an indictment for manslaughter. She was found guilty as charged and the trial justice later denied her motion for a new trial. The defendant presses before us a number of exceptions, among which is exception 29 to the court's ruling denying her motion to adjourn the t...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3406035/
1. In passing upon a demurrer to certain paragraphs of a petition the courts will consider the entire petition; and grounds of a demurrer which attack allegations of certain paragraphs as mere conclusions of the pleader without supporting facts, do not invoke any questions as to inconsistency between those paragraphs o...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3996501/
This is an appeal from a judgment of the superior court refunding to plaintiff $212.75, representing retail sales taxes collected by the tax commission upon what it contends were sales of freight tariffs and supplements furnished to the North Pacific Coast Freight Bureau upon order. The tax commission levied this amoun...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3406034/
1. Service, under Rule 26, on the attorney of record for any party is sufficient service notwithstanding the provisions of the Code, § 81-213. 2. "Many facts, especially those resting peculiarly within the knowledge of the opposite party, may be alleged in general terms." 3. (a, b) The possession of canceled checks rai...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/2737184/
Rule 1910.16-4. Support Guidelines. Calculation of Support Obligation. Formula. *** (c) Substantial or Shared Physical Custody. (1) When the children spend 40% or more of their time during the year with the obligor, a rebuttable presumption arises t...
01-03-2023
09-26-2014
https://www.courtlistener.com/api/rest/v3/opinions/1053150/
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON January 17, 2006 Session IN RE: ESTATE OF JAMES W. FORD, M.D. A Direct Appeal from the Probate Court for Shelby County No. C-5408 The Honorable Rob...
01-03-2023
10-08-2013
https://www.courtlistener.com/api/rest/v3/opinions/63763/
547 F.3d 249 (2008) Randy Edward GOODRUM, Petitioner-Appellant, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. No. 06-20980. United States Court of Appeals, Fifth Circuit. October 22, 2008. *252 Marjorie A. Meyers, Fed. Pub. Def., Brent ...
01-03-2023
04-26-2010
https://www.courtlistener.com/api/rest/v3/opinions/3869139/
The indictment in this case charges that, on divers dates between May 17, 1937 and April 23, 1940, the defendant embezzled the sum of $5405.41 from the town of Narragansett. Appearing without counsel when arraigned on this indictment, the trial justice offered him the services of the public defender, which he declined,...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3868574/
In this action of covenant a decision for the defendant was rendered by a justice of the Superior Court sitting without a jury. The case is here on plaintiff's exception to this decision and on several unsubstantial exceptions which were not briefed and which require no consideration. The declaration alleges that in De...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3864706/
The only ruling of the court to which the defendant excepted is the refusal to charge that "the jury must find that the bullet went in the direction of the said Herbert W. Root or there can be no assault with a dangerous weapon." It is clear that this refusal was right. "An assault consists in an offer to do bodily har...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/278111/
386 F.2d 855 MAXWELL DYNAMOMETER COMPANY and Central Penn National Bank of Philadelphia for the Benefit of Lloyd R. Maxwell and Caroline L. Maxwellv.The UNITED STATES. No. 120-62. United States Court of Claims. November 9, 1967. COPYRIGHT MATERIAL OMITTED Harry E. Wood, Washington, D.C., for plaintiffs. Samuel D. Slad...
01-03-2023
08-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/4000325/
This action is, in effect, an application for a writ of mandate directed to the county auditor. In my opinion, that official, in recognizing or refusing to honor such a power of attorney as that with which we are here concerned, exercises an official discretion which will not be controlled by judicial order, save for w...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3863377/
Argued May 3, 1934. The relator in this petition for habeas corpus, Louis J. Kamons, was convicted in the Court of Oyer and Terminer of Beaver County, Pennsylvania, on a charge of arson and was by that court, on November 26, 1932, sentenced to undergo an imprisonment in the Western Penitentiary of this state for a peri...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3406425/
The assignments of error are without merit. The evidence supported the verdict, and the court did not err in overruling the motion for new trial. DECIDED FEBRUARY 12, 1941. REHEARING DENIED MARCH 27, 1941. This is a case originating in Wilkes County, being a proceeding for the condemnation of an automobile on t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3406429/
Under the pleadings and the evidence in the instant case, the trial judge did not err in instructing the jury as follows: "If you find against the defendants in this case, you will find against all three of them, under the issues made here by the pleadings. If you find in favor of the defendants, you will find in favor...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3406338/
Whether the proprietor of a public restaurant was negligent in failing to exercise ordinary care in protecting the plaintiff as a customer from an unlawful assault made upon him by another customer who was drunk, quarrelsome and arrogant, and whose condition was known to the proprietor, and where the offending customer...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/1480809/
318 F.Supp. 66 (1970) UNITED STATES of America v. John William BUTENKO and Igor A. Ivanov. Crim. No. 418-63. United States District Court, D. New Jersey. October 13, 1970. *67 Donald Horowitz, Frederick B. Lacey, U. S. Attys., by Jonathan L. Goldstein, Asst. U. S. Atty., Newark, N. J., for plaintiff. Williams & Connoll...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4554135/
People ex rel. Brown v Brann (2020 NY Slip Op 04444) People ex rel. Brown v Brann 2020 NY Slip Op 04444 Decided on August 7, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554113/
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEAL...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/152557/
Case: 09-30961 Document: 00511198155 Page: 1 Date Filed: 08/09/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit ...
01-03-2023
08-10-2010
https://www.courtlistener.com/api/rest/v3/opinions/3406376/
The court did not err in reversing the award of the director of the Industrial Board. DECIDED FEBRUARY 6, 1941. This is a claim for industrial compensation. The plaintiff filed his claim originally against E. B. Slaton, doing business as Slaton Lumber Company, and Gordon Collins and Roy Cardell...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3406378/
1. The Code, § 26-7901, declares that "Any person who shall maliciously maim or kill any horses or cattle, or shall maliciously maim or kill a hog, shall be guilty of a misdemeanor." The purpose of this statute, punishing any person for cruelty to certain animals, is for the protection of the animals themselves, and no...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4241937/
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7508 LUIS FIGUEROA, Petitioner - Appellant, v. WARDEN GIO RAMIREZ, Respondent - Appellee. Appe...
01-03-2023
02-02-2018
https://www.courtlistener.com/api/rest/v3/opinions/3866423/
We have received from your honorable body a resolution requesting our opinion upon the following question: "1. Is Section 1 of House Act No. 255, January Session, A.D. 1916, entitled `An act to create a Financial Council in the Town of Warwick,' a copy of which is appended hereto and made a part hereof, taken in connec...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4002587/
1 Reported in 200 P.2d 478. This is an appeal from a judgment denying a petition for a writ of habeas corpus. Louella Wright pleaded guilty in the justice court presided over by Judge Filion, in Clallam county, to the charge of possession of intoxicating liquor with intent to sell the same. She was fined three hundred ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1715442/
770 S.W.2d 103 (1989) In the Matter of R.J.W., a Juvenile. No. 01-88-00788-CV. Court of Appeals of Texas, Houston (1st Dist.). May 4, 1989. James C. Erickson, Bryan, for appellant. Bill Turner, Dist. Atty. and Reva L. Towslee Morton, Asst. Dist. Atty., Brazos County, Bryan, for appellee. *104 Before DUNN, WARREN and HU...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1062760/
661 S.E.2d 513 (2008) 52 Va. App. 120 Kelly Dinelle PAYNE v. COMMONWEALTH of Virginia. Record No. 3159-06-2. Court of Appeals of Virginia, Richmond. June 3, 2008. *514 Dean C. Marcus (Bain Sheldon, PLC, on brief), for appellant. Virginia B. Theisen, Senior Assistant Attorney General (Robert F. McDonnell, Attorney Gener...
01-03-2023
10-09-2013
https://www.courtlistener.com/api/rest/v3/opinions/155103/
F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS ...
01-03-2023
08-14-2010
https://www.courtlistener.com/api/rest/v3/opinions/3864937/
A private way, called Lawrence Avenue, belonging to the estate of the late William B. Lawrence, extends along the easterly line of the complainant's estate. Very nearly in the line of this avenue, the water drained from land in the vicinity was accustomed to flow in a natural watercourse, or open ditch, along the entir...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/154980/
116 F.3d 489 133 Lab.Cas. P 33,549, 3 Wage & Hour Cas.2d(BNA) 1792,97 CJ C.A.R. 1102 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral ar...
01-03-2023
08-14-2010
https://www.courtlistener.com/api/rest/v3/opinions/4523821/
AFFIRM as Modified; Opinion Filed April 7, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00405-CR No. 05-19-00406-CR ...
01-03-2023
04-09-2020
https://www.courtlistener.com/api/rest/v3/opinions/1058625/
138 S.W.3d 820 (2004) STATE of Tennessee v. Gregory PIERCE. Supreme Court of Tennessee, at Knoxville. May 6, 2004 Session. Heard July 16, 2004. *821 Steve McEwen, Mountain City, Tennessee, and Terry L. Jordan, Blountville, Tennessee, for the appellant, Gregory Pierce. Paul G. Summers, Attorney General and Reporter; Mic...
01-03-2023
10-09-2013
https://www.courtlistener.com/api/rest/v3/opinions/3852059/
This is an action in assumpsit by the Commonwealth of Pennsylvania, appellant, against Socony Vacuum Oil *Page 528 Company, Inc., appellee, to recover $33,269.66 with interest and attorney general's commission. Suit was brought on an alleged contract of guaranty executed by Vacuum Oil Company, predecessor of appellee,...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/158446/
613 F.3d 1295 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Michael L. MARTIN, Defendant-Appellant. No. 09-3310. United States Court of Appeals, Tenth Circuit. July 30, 2010. *1297 Ronald E. Wurtz, Assistant Federal Public Defender (Cyd Gilman, Federal Public Defender, with him on the briefs), Topeka, KS, for...
01-03-2023
08-14-2010
https://www.courtlistener.com/api/rest/v3/opinions/1265791/
303 S.C. 226 (1991) 399 S.E.2d 773 CHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent v. Joe L. COLEMAN, Phyllis Coleman and Dorothy Clark, Indian Child Welfare Coordinator of the Cheyenne River Sioux Juvenile Court, Respondents. In re Billie Joe MORRISON, DOB: 1-1-78, Tara Morrison, DOB: 5-9-79, Jacqueline Colem...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3866786/
This is a suit in equity to set aside a conveyance of real estate on the ground that it was made with intent to hinder, delay, or defraud creditors. The defendant, Henry A. Claflin, is grantee of the estate, and the defendant, George A. Young, the grantor. A jury, to which the questions of fact in the case were submitt...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3862272/
Argued October 30, 1946. Libellant set forth in his libel two grounds on which he sought a divorce from respondent — indignities to the *Page 118 person, and cruel and barbarous treatment. Respondent filed an answer to both the libel and the bill of particulars. The evidence was presented to the court below without a ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3855675/
Argued October 3, 1928. Plaintiffs brought suit in the Municipal Court upon defendant's alleged verbal promise to pay them for *Page 94 certain pieces of cut stone used in a building erected by defendant in the City of Philadelphia. Both parties agreed that the case should be tried by a judge without a jury; the trial...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1715046/
851 So.2d 199 (2003) David F. BRAUN, Appellant/Cross-appellee, v. BUYERS CHOICE MORTGAGE CORPORATION, by and through Matthew McALOON, a shareholder; Matthew McAloon, Individually; and McAloon Mortgage Company, Inc., Appellees/Cross-appellants. Michael Warnstedt and Buyers Choice Mortgage Corporation, Appellees. No. 4D0...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4523829/
Reverse and Remand and Opinion Filed April 7, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00070-CV ENCORE INTERNATIONAL INVESTMENT FUNDS, LLC, Appellant ...
01-03-2023
04-09-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554146/
08/07/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0036 No. DA 20-0036 STATE OF MONTANA, Plaintiff and Appellee, v. JUSTIN LEE LONGTINE, Defendant and Appellant. ORDER...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/3865571/
The action, trespass on the case, is brought to recover damages arising from a collision between an automobile owned and operated by the defendant and an automobile owned and operated by the plaintiff. On the afternoon of June 23, 1921, defendant, while driving his touring car, on reaching the top of an upward grade, t...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3865313/
This is trespass on the case for slander of title. At the trial of the case in the Common Pleas Division the plaintiff recovered a verdict in the sum of $5,000, and the case is now before us on the defendant's petition for a new trial on the grounds that the verdict is against the evidence and that the damages are exce...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3407145/
A cause of action by a tenant against her landlord, for damages from personal injury in consequence of failure to repair the defective rented premises after notice of the defect, was alleged. Whether by exercise of ordinary care the tenant could have avoided injury was an issue of fact for a jury. Dismissal of the acti...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3407057/
1. The relation of landlord and tenant must exist before the summary remedy of eviction by dispossessory warrant will lie. 2. If from any cause a tenancy in common exists, each tenant is entitled to the possession of the property simultaneously, regardless of whether or not the interests are equal. 3. The law provides ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714979/
402 So. 2d 597 (1981) SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a Public Corporation, Appellant, v. John LAYTON, Appellee. No. 80-2173. District Court of Appeal of Florida, Second District. August 26, 1981. Irene Kennedy Quincey, West Palm Beach, for appellant. Harold N. Hume, Jr., of Allen, Knudsen, Swartz, DeBoest, Rh...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4002625/
HOLCOMB and FULLERTON, JJ., dissent. Relators, the regents of the state college of Washington, filed in this court their original petition for a peremptory writ of mandamus directed to the respondent, as state auditor, requiring him to issue, in connection with expenses incurred on behalf of the state college of Washin...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714993/
518 S.W.2d 935 (1974) T. J. YANCEY, Jr., d/b/a Yancey Motors, Appellant, v. Eulalio H. OLVERA et al., Appellees. No. 15321. Court of Civil Appeals of Texas, San Antonio. December 18, 1974. Rehearing Denied February 12, 1975. *937 House, Mercer, House, Brock & Wilson, San Antonio, for appellant. James Haynes, Jr., Lared...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/153019/
615 F.3d 1122 (2010) LEAGUE OF WILDERNESS DEFENDERS BLUE MOUNTAINS BIODIVERSITY PROJECT; Cascadia Wildlands Project; Sierra Club, Plaintiffs-Appellees, v. John P. ALLEN, in his official capacity as Forest Supervisor of the Deschutes National Forest; United States Forest Service, an administrative agency of the United S...
01-03-2023
08-13-2010
https://www.courtlistener.com/api/rest/v3/opinions/3865585/
This is a petition in equity in the nature of quo warranto, brought under the provisions of general laws 1923, chapter 379, section 1, to determine the right and title to the office of city auditor of the city of warwick. The respondent is the present acting city auditor of that city, and holds a certificate of appoint...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714997/
518 S.W.2d 451 (1975) Application of Donald Dale HOLT for Writ of Habeas Corpus. No. 9922. Missouri Court of Appeals, Springfield District. January 14, 1975. *452 William J. Fleischaker, Joplin, for petitioner. No appearance for respondent. Before BILLINGS, C. J., and STONE and HOGAN, JJ. PER CURIAM. In his petition fo...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1714999/
518 S.W.2d 815 (1975) Robert R. GUERRA, Appellant, v. The STATE of Texas, Appellee. No. 49665. Court of Criminal Appeals of Texas. February 19, 1975. Henry B. Gonzalez, Jr., San Antonio, for appellant. Ted Butler, Dist. Atty., Gus E. Wilcox & Alan E. Battaglia, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's A...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3993263/
MILLARD, C.J., and BLAKE, J., dissent. This action was brought by two taxpayers of the city of Seattle to enjoin the city from submitting to referendum an ordinance passed by its council and approved by the mayor. Other taxpayers intervened in the action and aligned themselves with the city in resisting the application...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/614107/
658 F.3d 246 (2011) YAN JUAN CHEN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent. Docket No. 10-2434-ag. United States Court of Appeals, Second Circuit. Argued: August 24, 2011. Decided: September 23, 2011. *248 Thomas V. Massucci, New York, NY, for Petitioner. Theo Nickerson (Tony West...
01-03-2023
09-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/3867196/
The information in this case was filed by the attorney-general by virtue of the inherent authority of his office; and not the less so, because it professes to have been filed on the relation of a military officer next in rank to, and subject to the orders of, the defendant. To prevent delay by protracting the pleadings...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3861307/
Argued October 6, 1931. Preparatory to laying a water main in Lena and Rittenhouse Streets in the City of Philadelphia, the *Page 43 defendant corporation distributed along the east curb of the first named street a number of 24-inch iron water pipes, twelve feet in length and weighing about 800 pounds. Generally a sin...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/2919266/
NUMBER 13-99-021-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI _________________________________________________________________ SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. DANNY ALEMANIA, JR., Appellee. _________________________________________________________________ On app...
01-03-2023
09-11-2015
https://www.courtlistener.com/api/rest/v3/opinions/3407784/
This is an action in assumpsit for repayment of money in the sum of $5000 which the plaintiff loaned upon delivery to him of a promissory note. The defendant delivered the note, which was made payable to the order of the plaintiff after date of the note, and signed by the defendant in the name of a third-party corporat...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4062283/
ACCEPTED 12-15-00273-CR TWELFTH COURT OF APPEALS ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3407359/
1. The provision in the Code, § 114-710, that in the event an appeal is filed from the award of the Department of Industrial Relations to the superior court, the department shall, within 30 days of the filing of the same, transmit all papers and documents then on file in their office in the matter, is directory. 2. Whe...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3859438/
Argued November 12, 1947. The master recommended a divorce on the ground of indignities and the court below dismissed exceptions and entered a decree. The wife-respondent appealed. *Page 264 The parties were both residents of Greene County, Pennsylvania, and were married in 1916. Because of respondent's conduct the li...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3866859/
The petitioner, as a qualified elector of the town of South Kingstown and of voting district No. 1, therein, asks for a writ of mandamus commanding the said town council, or the respondent Everett E. Jones, as presiding officer of said town council, to appoint the said petitioner to the office of democratic supervisor ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714980/
518 S.W.2d 113 (1974) O____F____L____, Plaintiff-Respondent, v. M____ R____ R____, Defendant-Appellant. No. KCD 26679. Missouri Court of Appeals, Kansas City District. December 30, 1974. *115 Richard E. Duggan, Kansas City, for defendant-appellant. Popham, Popham, Conway, Sweeny & Fremont, Thomas J. Conway, Kansas City...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3869441/
This action of trespass on the case for negligence is brought against the city of Warwick, through its city treasurer, for failure to keep a certain highway safe and convenient for travelers. The case was tried before a jury, and a verdict of $1,165 was returned in favor of the plaintiff. The defendant's motion for a n...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3994888/
I am satisfied that the act is unconstitutional for the reason that it increases the debt limit and therefore dissent. BRIDGES, J., concurs with MACKINTOSH, C.J.
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4523808/
DISMISS and Opinion Filed April 8, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01101-CR No. 05-19-01102-CR No....
01-03-2023
04-09-2020
https://www.courtlistener.com/api/rest/v3/opinions/4523842/
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Sui...
01-03-2023
04-09-2020
https://www.courtlistener.com/api/rest/v3/opinions/95167/
176 U.S. 92 (1900) NEW ORLEANS v. WARNER. No. 172. Supreme Court of United States. Distributed November 29, 1899. Decided January 15, 1900. PETITION FOR LIMITED REHEARING OF THE CASE REPORTED IN 175 U.S. AT PAGE 120. *97 Mr. Richard De Gray, Mr. William Grant and Mr. J.D. Rouse filed a brief supporting the petition. Mr...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/3868346/
The court held the affidavit inadmissible for such purpose. The testimony to prove residence must be taken in the same manner as if to be used on the merits of the petition. *Page 151
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/614464/
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6530 DENNIS ALEXANDER PLAYER, Petitioner - Appellant, v. ALVIN KELLER, Respondent – Appellee. Appeal from the United States D...
01-03-2023
09-29-2011
https://www.courtlistener.com/api/rest/v3/opinions/880620/
802 P.2d 611 (1990) Clinton LOVE and Rosemary Love, Plaintiffs and Appellants, v. HARLEM IRRIGATION DISTRICT, Lary Mohar and Gilbert L. Anderson, Defendants and Respondents, Clinton LOVE and Rosemary Love, Plaintiffs and Appellants, v. Knute KULBECK, Defendant and Respondent. No. 90-094. Supreme Court of Montana. Submi...
01-03-2023
06-05-2013
https://www.courtlistener.com/api/rest/v3/opinions/4554138/
Filed 7/16/20; Modified and certified for publication 8/7/20 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX C. W. JOHNSON & SONS, 2d Civ. No. B300187 INC.,...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554154/
Case: 18-13592 Date Filed: 08/07/2020 Page: 1 of 74 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4062725/
PD-1644-15 PD-1644-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS December 18, 2015 ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/1715048/
402 So. 2d 1035 (1981) Clarence H. SANDERS v. Joe B. BROADWATER, Administrator of the Alabama Alcoholic Beverage Control Board. Civ. 2724. Court of Civil Appeals of Alabama. August 12, 1981. Jack W. Smith of Smith & Smith, Dothan, for appellant. Byrd R. Latham of Patton, Latham, Legge & Cole, Athens, for appellee. WRIG...
01-03-2023
10-30-2013