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https://www.courtlistener.com/api/rest/v3/opinions/3398658/
The appeal here brings for review final decree and also interlocutory order. There are two notices of appeal but since the appeal from the final decree brings all matters preceding such decree to this Court, the specific appeal from the interlocutory order referred to may be treated as surplusage. The interlocutory ord...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3855575/
Argued April 15, 1946. Plaintiffs, husband and wife, tenants of defendants' dwelling house, brought trespass against them for damages arising from personal injuries to the wife occasioned by the alleged negligent repairs of the premises. The verdict for plaintiffs was sustained by the court below which overruled defend...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714452/
697 S.W.2d 791 (1985) Dennis Joe WESTBROOK, Appellant, v. The STATE of Texas, Appellee. No. 05-84-00437-CR. Court of Appeals of Texas, Dallas. September 11, 1985. *792 Malcolm Dade, Dallas, for appellant. Henry Wade, Criminal Dist. Atty., Kathi Alyce Drew, Asst. Dist. Atty., Dallas, for appellee. Before GUITTARD, C.J.,...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1060327/
IN THE SUPREME COURT OF TENNESSEE AT JACKSON April 10, 2003 Session Heard at Dyersburg STATE OF TENNESSEE v. CHRISTOPHER M. FLAKE Appeal by permission from the Court of Criminal Appeals ...
01-03-2023
10-09-2013
https://www.courtlistener.com/api/rest/v3/opinions/94326/
160 U.S. 327 (1895) LEHIGH MINING AND MANUFACTURING COMPANY v. KELLY. No. 617. Supreme Court of United States. Submitted November 11, 1895. Decided December 16, 1895. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. *330 Mr. R.A. Ayers, Mr. R.C. Dale, Mr. E.M. Fulton, Mr. A.L. Pride...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/176580/
622 F.3d 432 (2010) Tina ESPINOZA, Plaintiff-Appellant, v. CARGILL MEAT SOLUTIONS CORPORATION, Defendant-Appellee. No. 09-11170. United States Court of Appeals, Fifth Circuit. October 5, 2010. *435 Chad Douglas Inderman, Sean Michael Crowley, Kevin Thomas Glasheen (argued), Glasheen, Valles, Inderman & De-Hoyos, L.L.P....
01-03-2023
10-05-2010
https://www.courtlistener.com/api/rest/v3/opinions/1714661/
63 N.W.2d 801 (1954) WILLARD v. CIVIL SERVICE BOARD OF SIOUX FALLS et al. No. 9421. Supreme Court of South Dakota. April 7, 1954. Gene E. Pruitt, Sioux Falls, for plaintiff and appellant. Thomas J. Barron, Sioux Falls, for defendants and respondents. RUDOLPH, Judge. The City of Sioux Falls has established a Civil Servi...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3856471/
Argued October 10, 1940. This action was brought by plaintiff to recover the "accidental death" benefits provided for in a policy of insurance issued by defendant to plaintiff's mother, Hattie Jackson, the insured, who died August 13, 1935. These benefits were payable in the event "of the death of the insured, resultin...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3858001/
Argued May 2, 1927. We have held a number of times that the grant of a certificate by the Public Service Commission approving the exercise of the power of eminent domain under the provisions of the Act of May 21, 1921, P.L. 1057, does not determine the right of the applicant company to condemn the lands it desires to a...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/217162/
645 F.3d 553 (2011) NOKIA CORPORATION, Plaintiff-Appellee, v. INTERDIGITAL, INC., InterDigital Communications, LLC, and InterDigital Technology Corporation, Defendants-Appellants.[*] Docket No. 10-1358-cv. United States Court of Appeals, Second Circuit. Argued: March 7, 2011. Decided: May 23, 2011. *555 Patrick J. Flin...
01-03-2023
05-23-2011
https://www.courtlistener.com/api/rest/v3/opinions/4523722/
04/08/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 18-0500 No. DA 18-0500 STATE OF MONTANA, Plaintiff and Appellee, v. DAVID DEAN KOMEOTIS, Defendant and Appellant. ...
01-03-2023
04-08-2020
https://www.courtlistener.com/api/rest/v3/opinions/3399083/
There is no occasion for the granting of a rehearing to consider the alleged estoppel set up against the relator in prohibition in the respondent's return. That question is one that this Court has deliberately refused to decide in the present case wherein the party respondent is the Circuit Judge and not the Fort Myers...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3399123/
Dewey Booker and four others were convicted of breaking and entering a "smokehouse," within the curtilage of a dwelling house, with intent to commit larceny of property of less value than fifty dollars. The property stolen consisted of bacon, which was taken from a smokehouse, and several chickens and turkeys from a ch...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3399129/
We review on appeal a judgment of conviction under an indictment charging "that Foster Gay, on the 7th day of December, A.D. 1939, in the County and State aforesaid, then and there unlawfully while Napoleon Wilson, a Deputy Sheriff of Taylor County, Florida, and in and for Taylor County, Florida, was then and there in ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3399155/
An extraordinary petition has been presented, but will not be filed unless leave is granted. It is in effect suggested: (1) That the Court failed to consider the fact that Chapter 18643, Acts of 1937, approved on referendum August 17, 1937, failed to validate or confirm taxes levied after the passage of Chapter 12990, ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3993086/
I am unable to concur in all that is said in the majority opinion, or all that is said in the separate opinions of the dissenting members of the court. I think the information sufficient to charge each and all of the defendants with murder in the first degree, and had it been shown that each and all of them actually pa...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3847102/
Pursuant to a vote of the electors of Philadelphia County, as provided by the Act of April 18, 1929, P. L. 549, the county commissioners took steps to install voting machines in various election districts of the county. They advertised for bids, exhibited specifications as the act provides and in August, 1930, awarded ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714652/
697 S.W.2d 749 (1985) D.D. KING, El Campo Well Service, Inc., Gary Downing, Texas Farms, Inc., Wilhelm Degen and C.E. Muegge, Appellants, v. R.J. LINDLEY, Jr. and Lindley and Company, Appellees. No. 13-84-183-CV. Court of Appeals of Texas, Corpus Christi. August 30, 1985. Rehearing Denied October 10, 1985. *750 Michael...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1975295/
260 N.J. Super. 133 (1992) 615 A.2d 647 SUSAN L. MOLNAR, PLAINTIFF-RESPONDENT, v. DOUGLAS M. HEDDEN, DEFENDANT-APPELLANT. Superior Court of New Jersey, Appellate Division. Argued October 1, 1992. Decided October 27, 1992. *135 Before Judges PRESSLER, R.S. COHEN and MUIR, JR. Ronald M. Katkocin argued the cause for appe...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3399376/
The judge, to whom the case was submitted on the pleadings and an agreed statement of facts, properly construed the will and directed the executor as to the administration of the estate in the particulars shown in the written judgment set forth in the statement of facts preceding the opinion, infra. ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/168968/
F I L E D United States Court of Appeals Tenth Circuit UNITED STATES CO URT O F APPEALS Marc...
01-03-2023
08-14-2010
https://www.courtlistener.com/api/rest/v3/opinions/4554025/
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-17036 Petitioner-Appellee, D.C. No. v. 3:15-cv-00092- ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554023/
NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 19-2271 ______________ EDWIN ANTHONY RAMOS-RAMIREZ, ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/162793/
F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS DEC 9 2002 ...
01-03-2023
08-14-2010
https://www.courtlistener.com/api/rest/v3/opinions/167101/
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/4554027/
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RICHARD DENT; JEREMY NEWBERRY; No. 19-16017 ROY GREEN; J. D. HILL; KEITH VAN HORNE; RON STONE; RON D.C. No. PRITCHARD; JAMES MCMAHON; 3:14-cv-02324- MARCELLUS WILEY, on behalf of ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/3864543/
The complainants bring this bill to review and reverse a decree entered February 2, 1900, in a bill brought by this respondent against these complainants, Equity No. 4794. This bill was filed August 4, 1902. The respondent demurs to the bill, first, upon the ground of laches. The demurrer upon this ground must be overr...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4554026/
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SONTOS MAUDILIA DIAZ-REYNOSO, No. 18-72833 AKA Sontos Maurilla Diaz- Reynoso, Agency No. Petitioner, A205-256-857 ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4061218/
APPLICANT THOMAS RAYMOND CARR APPLICATION NO. 79,620-05 APPLICATION FOR 11.07 WRIT OF HABEAS CORPUS ACTION TAKEN DISMISSED. NONCOMPLIANT WITH Tex. R. App. P. 73.1. JUDGE I ' DATE
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/4554031/
Filed 7/30/20; certified for publication 8/7/20 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT LIN JOON OH et al., B297567 ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/1975247/
150 Pa. Commw. 431 (1992) 615 A.2d 993 Ronald TOMCZAK, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (PRO-AIRE TRANSPORT, INC.), Respondent. PRO-AIRE TRANSPORT, INC., Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (TOMCZAK), Respondent. Commonwealth Court of Pennsylvania. Submitted on Briefs July 17, 1992. Dec...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/169784/
FILED United States Court of Appeals Tenth Circuit UNITED STATES CO URT O F APPEALS September 18, 2007 ...
01-03-2023
08-14-2010
https://www.courtlistener.com/api/rest/v3/opinions/4554040/
NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 12-4135 ______________ REGENT INSURANCE COMPANY, ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/3399611/
Where a city ordinance providing for the issuance of licenses to operate taxicabs authorizes the mayor and council to grant or refuse a license in their discretion, the courts will not control their discretion by the writ of mandamus. No. 16206. MAY 12, 1948. John R. (Jack) Rogers filed a petiti...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3856519/
Argued April 15, 1941. This was an action of ejectment to recover possession of a strip of land fronting two feet on North Front Street in the Borough of Punxsutawney, and extending in depth of that width, eastwardly, one hundred and fifty feet to a twenty foot alley known as Snyder Alley. It was tried by the court wit...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3399637/
1. The plaintiff sought, among other things, to recover a sum of money alleged to have been paid to the defendant, in excess of the principal amount of a loan claimed by the plaintiff to have been usurious and to have been renewed several times at usurious rates; the *Page 220 amount sued for being limited to excess p...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3858063/
Submitted April 13, 1925. The plaintiff recovered the judgment appealed from because of an injury received by Mrs. Lillian H. Buchanan resulting from a fall on the sidewalk on Broad Street. The accident occurred about half past four o'clock on an afternoon in May. Mrs. Buchanan crossed Broad Street to the west side in ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1275773/
282 S.E.2d 548 (1981) Thomas Garland DYER v. Thomas W. BRADSHAW, Jr., Secretary of the N. C. Department of Transportation, in his Official and Individual Capacity, And his Agents, Assigns, and Successors in Interest. No. 8110SC140. Court of Appeals of North Carolina. October 6, 1981. *549 Atty. Gen. Rufus L. Edmisten b...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1275782/
159 Ga. App. 22 (1981) 282 S.E.2d 679 GRISWOLD v. THE STATE. 61647. Court of Appeals of Georgia. Decided June 19, 1981. Robert A. Whitlow, for appellant. Stephen A. Williams, District Attorney, Mike Cherof, Assistant District Attorney, for appellee. SOGNIER, Judge. Griswold was convicted of arson in a trial without a j...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3991171/
I concur in the foregoing opinion save as to the amount of damages for which recovery is allowed. In my opinion such a recovery is not supported by the evidence and the amount should be materially reduced. TOLMAN and FULLERTON, JJ., concur with BEALS, J. *Page 460
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/94444/
162 U.S. 466 (1896) WALLACE v. UNITED STATES. No. 731. Supreme Court of United States. Submitted March 2, 1896. Decided April 20, 1896. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. *471 Mr. John D. Hill and Mr. James H. Pratt for plaintiff in error. Mr. Solicitor General for defendants i...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/92904/
137 U.S. 496 (1890) BASSETT v. UNITED STATES. No. 110. Supreme Court of United States. Argued December 10, 1890. Decided December 22, 1890. ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. *497 Mr. Franklin S. Richards for plaintiff in error. Mr. Charles C. Richards was with him on the brief. Mr. Attorney General f...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/3421643/
Appellants instituted this suit to foreclose *Page 278 a chattel mortgage given to the bank as security for the payment of three notes. The amended complaint, on which the case was tried, was in three paragraphs, one on each note. Appellees filed joint and several answers in four paragraphs, one of which was verified ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3991282/
1 Reported in 173 P.2d 994. This is an appeal from a judgment dismissing a petition for a writ of mandate which, if it had been granted, would have compelled the city of Seattle, its mayor, and fire chief to put into immediate operation the provisions of an initiative ordinance reducing the hours of work of Seattle cit...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3841970/
Proceeding by Minnie Norton, administratrix of the estate of Mary Norton, deceased, against Claude Harold Norton and others to determine the heirs and distributees of the estate, in which named defendant filed a cross-petition and cross-complaint claiming the entire estate. From an order sustaining two of three general...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3858305/
Submitted October 26, 1943. This is a workman's compensation case. The appeal involves the validity of the claimant's marriage to the deceased employee, Edward Joseph Wydra, also known as Adam Wydra. *Page 531 It is undisputed that the relation between them was meretricious at its inception; for he had a legal wife (S...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3856580/
Argued May 4, 1937. On April 6, 1935, libellant filed his libel in divorce alleging that respondent, by her cruel and barbarous treatment, had endangered his life and offered such indignities to his person as to render his condition intolerable and life burdensome. On May 31, 1933 respondent was committed to the Allegh...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/2121973/
641 N.E.2d 402 (1994) 161 Ill.2d 267 204 Ill.Dec. 178 Ronald J. ZIARKO v. SOO LINE RAILROAD, Appellant (Milwaukee Motor Transportation Company, Appellee). No. 74212. Supreme Court of Illinois. June 16, 1994. Rehearing Denied October 3, 1994. *403 James T. Ferrini, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicag...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3996202/
I cannot concur in the view inferable from this opinion that the children belong to the state; therefore, I dissent. October 26, 1944. Petition for rehearing denied.
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3850269/
Charles Frederick Moyer and William Paul Byron were jointly tried for the murder of Harvey Zerbe, which occurred during the perpetration of a robbery. The jury convicted them of murder in the first degree and imposed the death penalty. On the night of July 13, 1946, the defendants while in a taproom in Chester, Pa., "d...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3863474/
Argued April 21, 1925. This appeal was argued with No. 169, April T., 1925, in which an opinion was filed today. The suit was brought by the William Penn Motor Indemnity Exchange, without the intervention of the attorney in fact, thus differing from No. 169. A liability substantially the same was however averred and a ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1975263/
487 Pa. 313 (1979) 409 A.2d 367 Victoria Bertini HALASKI, Appellant, v. HILTON HOTEL and Workmen's Compensation Appeal Board. Supreme Court of Pennsylvania. Argued September 17, 1979. Decided December 21, 1979. *314 *315 Thomas P. Geer, Pittsburgh, for appellant. Raymond F. Keisling, Pittsburgh, for Allstate. Eugene F....
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3996206/
I think the instruction defining the presumption of due care on the part of the deceased was not only erroneous, but prejudicial. It was erroneous in that it failed to tell the jury that the presumption of due care could not be overcome by interested testimony. It was prejudicial in that it was upon a vital issue in th...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3861073/
Argued October 1, 1936. This is an appeal by the Borough of North Braddock from an order of the Court of Quarter Sessions of Allegheny County, sustaining a complaint by the Township of North Versailles against an Ordinance of the Borough of North Braddock, purporting to annex 31.6 acres of land described in the ordinan...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3990363/
This case was heard with Shapiro v. Reed reported in the 98 Vt. 76, and presents for review the same questions there raised and considered. On the authority of that case, the instant case must go back for a new trial. Judgment reversed and cause remanded. Petition dismissedwithout costs to either party. *Page 82
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3400025/
1. A suit brought in the name of the State on the relation of the solicitor-general, containing allegations that certain persons are at usurious rates lending money to ignorant people of small means, who by reason thereof are unable to protect themselves from threatened garnishments which may cause their discharge, on ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3400018/
1. Refusal of a continuance of the trial was no abuse of discretion. 2. Refusal of injunction to prevent eviction under writ of possession was not erroneous. No. 13721. JUNE 16, 1941. The facts as they appear from the petition, the answer, and the evidence as recited in the bill of exceptions, a...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3853872/
Argued October 17, 1929. In the spring of 1926 the City of Philadelphia was constructing a subway on North Broad Street, in order that additional transportation facilities might be afforded the public. A contract for the performance of the work had been awarded to Patrick McGovern, *Page 3 Inc., defendant below and ap...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3400048/
1. "Where the clerk or the sheriff whose duty it is to receive or collect fines imposed upon persons in criminal proceedings discharges a prisoner against whom a fine is imposed, by taking the promise of another party to pay the fine, the convict can not afterwards be rearrested or imprisoned for a breach of the contra...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3400056/
By the act of 1949 (Ga. L. 1949, p. 1007), it is made lawful to sponsor or hold "athletic events, games and contests" on Sunday by obtaining a permit from the governing body of the municipality or county, and an automobile race is such a "game or contest" as provided by the statute. Worley v. State, 79 Ga. App. 594 (5...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3854278/
Argued May 15, 1940. MEMORANDUM OPINION Five of the Judges of this court — two Judges dissenting — are of opinion that the judgment of the lower court should be affirmed; but a majority of the court are not in agreement as to the grounds on which the affirmance should rest. Consequently, we s...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3858347/
Argued September 28, 1936. Appellant was convicted of operating an automobile, in Philadelphia county, while under the influence of intoxicating liquor. On this appeal appellant contends that the evidence is insufficient to warrant his conviction, and that a new trial should have been granted by the court below because...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1975268/
1 B.R. 284 (1979) In the Matter of TWIST CAP, INC., Debtor. TWIST CAP, INC., Plaintiff, v. SOUTHEAST BANK OF TAMPA, Aluminum Company of America, and Central Can Company, Defendant. Bankruptcy No. 79-1170-T. United States Bankruptcy Court, D. Florida, Tampa Division. November 6, 1979. Stanley M. Lane, Tampa, Fla., for p...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3400133/
1. Where a petition for the writ of habeas corpus affirmatively shows on its face that the restraint is legal, the court has the power on general demurrer to dismiss the writ and remand the applicant. In such a case the general demurrer, under our practice, serves the purpose of a motion to quash the writ for insuffici...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3400134/
In a habeas corpus proceeding, where the contest for the custody of minor children was between grandparents, and the paternal grandmother based her claim on an alleged legal right, the evidence showing unusual *Page 835 and exceptional facts and circumstances, it was not error for the trial judge in the exercise of hi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3400143/
1. The first count of the petition being a suit for the writ of mandamus to compel the governing officials of a municipality to levy a tax to pay an alleged indebtedness upon a series of promissory notes, all appearing to have been given in a single transaction, some of them maturing during the year in which they were ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/623034/
672 F.3d 27 (2012) UNITED STATES of America, Appellee, v. James F. FARRELL, Defendant, Appellant. No. 10-1140. United States Court of Appeals, First Circuit. Heard June 8, 2011. Decided February 17, 2012. *28 Tina Schneider, for appellant. Donald C. Lockhart, Assistant United States Attorney, with whom Peter F. Neronha...
01-03-2023
02-17-2012
https://www.courtlistener.com/api/rest/v3/opinions/45271/
United States Court of Appeals Fifth Circuit F I L E D In The United States Court Of Appeals ...
01-03-2023
04-25-2010
https://www.courtlistener.com/api/rest/v3/opinions/93024/
139 U.S. 385 (1891) DOLAN v. JENNINGS. KIBBE v. JENNINGS. Nos. 265, 266. Supreme Court of United States. Argued March 26, 1891. Decided March 30, 1891. APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. *386 Mr. John R. Bennett for appellants. Mr. Arthur v. Briesen (with whom was...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/3857004/
Argued May 5, 1925. Appellant, defendant in the court below, was the lessee in possession of a certain storeroom and cellar located in Federal Street in the City of Pittsburgh. He used the storeroom as a salesroom and the cellar for storage purposes connected with his business. He permitted a plumber by the name of Shr...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/45980/
United States Court of Appeals Fifth Circuit F I L E D REVISED SEPTEMBER 21, 2006 August 30, 2006 IN THE...
01-03-2023
04-25-2010
https://www.courtlistener.com/api/rest/v3/opinions/3400380/
1. Since the act of 1931 (Ga. L. 1931, p. 153; Code, § 67-1305), the effect of failure to record a security deed, as against ordinary judgment liens, is the same as the effect of failure to record a deed of bargain and sale, with the result of restoring the rule before the act of 1889 (Ga. L. 1889, p. 106; Code 1910, §...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4243709/
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 02/09/2018 08:13 AM CST - 759 - Nebraska Supreme Court A dvance Sheets 298 Nebraska R eports ...
01-03-2023
02-09-2018
https://www.courtlistener.com/api/rest/v3/opinions/4554047/
Case: 19-30018 Document: 00515519133 Page: 1 Date Filed: 08/07/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554053/
NOT RECOMMENDED FOR PUBLICATION File Name: 20a0469n.06 No. 19-2441 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554056/
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT August 7, 2020 ____...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/3400478/
1. Where, in a case previously brought to this court, error in the admission of incriminatory statements and confessions as not having been freely and voluntarily made was alleged, and a ruling was made thereon; and where the same question is again raised in the same case, upon its second appearance in this court, and ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4048497/
ACCEPTED 12-15-00043-CR TWELFTH COURT OF APPEALS TYLER, TEXAS ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/1126651/
637 So. 2d 45 (1994) STATE of Florida, Appellant, v. Reginald Demond WILLIAMS, Appellee. No. 92-04414. District Court of Appeal of Florida, Second District. May 13, 1994. *46 Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellant/cross-appellee. James Marion Moorman,...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4000815/
This is a companion case of Cypert v. Roberts, ante p. 33,13 P.2d 55, tried in the superior court at the same time and presented together in this court. The questions involved are in all material respects similar to those in the Cypert case, and upon the authority of that case, the judgment of the superior court in thi...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1975269/
1 B.R. 740 (1979) In re RITE-CAP, INC., Debtor. Bankruptcy No. BK-79-242. United States Bankruptcy Court, D. Rhode Island. December 28, 1979. Laurent C. Bilodeau, Woonsocket, R.I., for Rite-Cap, Inc. Norman Orodenker, Providence, R.I., for Tecknor Apex, Co. MEMORANDUM OPINION ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge....
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3849062/
Argued December 7, 1928. This case calls for a more detailed explanation of what was intended to be included in the exception mentioned in Greene Co. v. Southern Surety Co., 292 Pa. 304, 311, where "life insurance policies and mortgage clauses in fire insurance" were mentioned as cases in which it has been universally ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714711/
63 N.W.2d 874 (1954) STATE v. McCALL. No. 48310. Supreme Court of Iowa. April 7, 1954. Rehearing Denied June 18, 1954. *876 Geiser, Donohue & Wilkins, New Hampton, for appellant. Leo A. Hoegh, Atty. Gen., Raphael R. R. Dvorak, Asst. Atty. Gen., Everett G. Scott, County Atty. Fayette County, West Union, for appellee. OL...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3849063/
Argued April 16, 1928. This action, brought under the Federal Employers' Liability Act of April 22, 1908, 35 U.S. Stat. 65, c. 149, on account of the death of Joseph Dawson, resulted in a verdict and judgment for plaintiff and defendant has appealed. *Page 304 While the case falls within the act, his work being in fur...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3845135/
When David L. Ward died on November 12, 1913, he bequeathed to Anna Ward, his widow, $50,000.00 in trust, to invest the same and pay over the net income to his daughter Josephine while her mother lived. The mother was appointed trustee. Upon the death of Anna Ward, the principal was bequeathed to Josephine, absolutely....
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3849561/
Argued March 19, 1929. The pleadings and evidence in this case reveal that Mrs. Olive Campbell, a resident of the Borough of Butler, a widow, at the time 44 years of age, appellant, on or about February 7, 1925, entered into an agreement of marriage with William M. Fairman, a widower, then 89 years old, a citizen of th...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4002380/
I concur in the result reached by the majority. There are, however, additional, cogent reasons for my concurrence. The contract merely substitutes one payee for another, for the same liability. Alimony liability could not be discharged by bankruptcy proceedings. The contract is still one for the support of minor childr...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3849066/
Argued November 25, 1929. The complainant, Dr. Sprout, in 1913, purchased a two-story frame dwelling in the 1800 block of North Maine Avenue, in the City of Scranton, which he improved, adapting it for the use of offices and residential apartments. The first floor is occupied by his family, while the second is rented t...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714734/
104 So. 2d 570 (1958) HOTEL AND RESTAURANT COMMISSION, an agency of Florida, et al., Appellants, v. SUNNY SEAS NO. ONE, Inc., a Florida corporation, et al., Appellees. Supreme Court of Florida. August 1, 1958. Richard W. Ervin, Atty. Gen., and John C. Reed, Asst. Atty. Gen., for appellants. Sibley, Grusmark, Barkdull &...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3849068/
Argued September 27, 1927. Novice, plaintiff, agreed, on December 2, 1913, to purchase a house and lot of ground from Alter, the defendant, and paid a small sum as hand money to bind the bargain. The understanding of the parties was embodied in a writing under seal, by which the vendor promised to convey, by deed of ge...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3846388/
In my opinion the construction placed by the learned court below on the contract of insurance here involved is manifestly correct. The insured's prior erroneous monthly reports of the value of his goods at the location covered by the policy may, for the purposes of this case, be readily assumed to have been the result ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3854346/
Argued March 9, 1938. This is an action of trespass brought by Alice Weir, plaintiff, to recover for injuries suffered as a result of the alleged negligence of the defendant, Bond Clothes Inc., a corporation. Defendant operates a men's clothing store at 313 Lackawanna Avenue in the City of Scranton. The premises are ap...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714719/
63 N.W.2d 157 (1954) 158 Neb. 390 CULPEN v. HANN. No. 33517. Supreme Court of Nebraska. March 12, 1954. Glen Culpen, pro se. Clarence S. Beck, Atty. Gen., Richard H. Williams, Asst. Atty. Gen., for appellee. Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ. CARTER, Justice. T...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4554075/
J-S24034-20 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554076/
J-S28045-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/3857574/
Argued October 6, 1932. This action in ejectment involves the title to a small, irregular piece of land. The controversy is over the location of a division line between the lands of these adjoining owners. The plaintiff made no claim in his declaration that he or his predecessors in title were ever in possession of the...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4554081/
J-S20039-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554078/
J-S24037-20 NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4554077/
J-S28044-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/3851911/
Mrs. Nellie M. Dean, an elderly woman, widow and childless, died suddenly on the night of January 17, 1928, at her home in the City of New Castle, from heart disease. She had previously been in general good health and the heart trouble did not assume an acute form until a short time before her death. Her mental powers ...
01-03-2023
07-06-2016