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https://www.courtlistener.com/api/rest/v3/opinions/3403752/
The superior court did not err in affirming the award of the State Board of Workmen's Compensation for any of the reasons assigned. DECIDED JULY 16, 1947. 1. On July 12, 1945, the claimant filed an application for compensation with the State Board of Workmen's Compensation for an injury caused ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3403750/
The evidence supported the verdict, and the court did not err in overruling the motion for new trial. DECIDED SEPTEMBER 6, 1941. The defendant was tried on a charge of murder and convicted of involuntary manslaughter in the commission of an unlawful act. He made a motion for a new trial, based on...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3403790/
This case is a companion to Cook v. Kroger Baking Grocery Co., ante, 141. The two cases were heard together, and the instant writ of error is controlled by the ruling there made. The judge did not err in sustaining the general demurrer and in dismissing the action. Judgment affirmed. Broyles, C. J., and Gardner, J.,co...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3403780/
1. The action being based on the use of the words "damned bitch" to and of the plaintiff in the presence of others, it being charged by innuendo that thereby the defendant meant that she was a common prostitute, thus imputing the commission of a crime, and the ruling on the defendant's demurrer having adjudicated that ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3403789/
1. Any authorized arresting officer may seize for condemnation a vehicle used illegally in transporting prohibited liquors and beverages, and an automobile so seized by State patrolmen, and turned over to the sheriff of the county in which it was seized, who reports the same to the solicitor as provided by the statute,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3862799/
To remand this case to the Public Utility Commission serves no purpose, and merely delays a proceeding which should have been terminated long ago. The order of the commission, filed December 7, 1942, which we reversed in Peoples Natural Gas Company v.Pennsylvania Public Utility Commission, 153 Pa. Super. 475,34 A.2d 37...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3861283/
Argued October 26, 1944. On March 29, 1944, information was lodged charging George Bausewine, chief of police of the borough of Norristown, with bribery and non-feasance in office. The same day notice was served on the district attorney by the defendant waiving a hearing and also presentment to the grand jury. In compl...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3403920/
1. The failure of the plaintiff in error to pay the costs for sending up the transcript of the record from the trial court to the appellate court is not a good ground for the dismissal of the writ of error. The clerk is entitled to a judgment for the amount of such unpaid costs, under the provisions of the Code, § 24-2...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/2700097/
[Cite as State v. Latimore, 2011-Ohio-3562.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO JUDGES: ...
01-03-2023
08-04-2014
https://www.courtlistener.com/api/rest/v3/opinions/153024/
615 F.3d 391 (2010) Gene Irving GARLAND, Petitioner-Appellant, v. Warden Keith ROY, Respondent-Appellee. No. 09-40735. United States Court of Appeals, Fifth Circuit. August 13, 2010. *393 Gene Irving Garland, Jr., Texarkana, TX, pro se. Michael Wayne Lockhart, Asst. U.S. Atty., Beaumont, TX, for Roy. Before KING, WIENE...
01-03-2023
08-13-2010
https://www.courtlistener.com/api/rest/v3/opinions/3862484/
Argued September 29, 1941. This case involves the revocation of a liquor license, issued to appellant, Alexander Oriole, proprietor and operator of "The Arena Log Cabin," a restaurant and bar establishment in the City of Philadelphia. On November 8, 1940, the Pennsylvania Liquor Control Board issued a citation to the a...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3859356/
Argued April 18, 1949. Defendant insurer issued a group life insurance policy to United States Steel Corporation for the benefit of its employes and those of a number of its subsidiaries. Rosella F. Best was a laborer in the employ of Carnegie-Illinois Steel Corporation, a subsidiary covered by the policy. On her writt...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3860025/
Argued November 13, 1930. A careful review of all the evidence in this case, considered in the light most favorable to the plaintiffs, satisfies us that Diamond, who was driving the Sklaroff truck when it was hit by the defendant's trolley car, must be held guilty of contributory negligence as matter of law, and that d...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3404049/
1-4. The special grounds of the motion for new trial, complaining of errors alleged to have been made in the charge of the court, are without merit. 5. Under the conflicting evidence a jury question was presented as to whether or not the identify of the bottle, tendered by the defendant as being the one which exploded ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3863620/
This suit is brought by Ellen O. Peck, Mary T. Peck, Maria S. Peck, and Elizabeth A. Peck, children of the late Allen O. Peck, and residuary devisees and legatees under his will, against their mother, Mary E. Peck, widow of said Allen and executrix of his will, and against Benjamin W. Smith, assignee of said Mary E. Pe...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3855681/
Argued March 15, 1939. The appellee brought suit under a group insurance policy covering agents of the defendant company. The insured was entitled thereunder to disability benefits while "wholly and continuously disabled, as a result of bodily injury or disease, so as to be prevented thereby from engaging in any occupa...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3863627/
Upon this petition it appears that service of the writ, in the case for which a trial is asked, was not made upon the defendants, and that they had no notice of the suit. *Page 525 The petitioners do not contradict the return of the officer, but supplement it by facts which show that no legal service of the writ was m...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3404126/
In this action upon a policy of life insurance the evidence conclusively established the defense of material misrepresentation inducing the issuance of the policy, made by the insured in her application for the policy, the application having been attached to the policy. The court did not err in directing the verdict fo...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3404131/
The verdict was authorized by the evidence, and the motion for new trial shows no cause for a reversal of the judgment. DECIDED MARCH 12, 1940. REHEARING DENIED MARCH 26, 1940. H. Grady James brought suit on a policy of life insurance in which his wife was named as the insured, and he as the beneficiary. The so...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714970/
518 S.W.2d 942 (1975) COIFFURE CONTINENTAL, INC., Appellant, v. Hans ALLERT, Appellee. No. 18510. Court of Civil Appeals of Texas, Dallas. January 23, 1975. Rehearing Denied February 20, 1975. *943 Donald W. Keck, Keck & Barnes, Dallas, for appellant. George M. McDonald, Kelsoe & Paternostro, Dallas, for appellee. CLAU...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3404176/
1. "It is now unquestioned that a witness may testify that statements made over a telephone were statements of the accused, where the witness is able to recognize the voice." 1 Wharton Criminal Ev. (11th. Ed.), § 267 (7), p. 330, 332, and § 267 (4), p. 330, 331. In the only special ground of the motion for a new trial ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4567089/
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted September 17, 202...
01-03-2023
09-21-2020
https://www.courtlistener.com/api/rest/v3/opinions/4567094/
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ERIC HILLER, Appellant, v. : C.A. No. $19A-10-001 RFS THE CITY OF REHOBOTH BEACH, Appellee. ORDER Submitted: 8/14/2020 Decided: 9/18/2020 Robert C. McDonald, Esq., 1010 N. Bancroft Parkway, Suite 22, Wilmington, DE 19805, Attorney for Appellant. Daniel A. Griffith,...
01-03-2023
09-21-2020
https://www.courtlistener.com/api/rest/v3/opinions/3404175/
The special assignments of error are without merit. The evidence supported the verdict. The court did not err in overruling the motion for new trial. DECIDED NOVEMBER 16, 1940. The undisputed evidence shows that a shipment of flour, 700 bags in two cars of 350 bags each, originating in Tacoma, ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/2577568/
194 F. Supp. 2d 87 (2002) ALBANY INSURANCE CO., Plaintiff, v. UNITED ALARM SERVICES, INC., et al., Defendants. No. 3:00CV1193(AWT). United States District Court, D. Connecticut. March 29, 2002. *88 *89 Robert K. Marzik, Stratford, CT, Jamesf. Sweeney, III, Donovan, Parry, Carbin, McDermott & Radzik, New York City, Thom...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1976182/
397 Pa. 94 (1959) Miller, Appellant, v. Montgomery. Supreme Court of Pennsylvania. Argued March 20, 1959. July 2, 1959. Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ. *95 W. Davis Graham, for appellant. Robert E. Ashe, with him Ashe & Ashe, for appellee. OPINION BY MR. JUSTICE McBRIDE, July 2, 1...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3994340/
1 Reported in 191 P.2d 865. The defendant herein, George Hoffman, being then confined in the state penitentiary at Walla Walla, was, by information filed April 25, 1946, by the prosecuting attorney of Walla Walla county, charged with the crime of *Page 476 "escape as prisoner," the charging portion of the information ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1510088/
760 A.2d 1108 (2000) 361 Md. 234 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Howard J. FEZELL. Misc. AG No. 34, Sept. Term, 1999. Court of Appeals of Maryland. October 13, 2000. *1109 Melvin Hirshman, Bar Counsel, for the Attorney Grievance Com'n of Maryland. Howard Fezell, Frederick, pro se. Argued before BELL, C.J.,...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3862332/
Argued October 1, 1940. The judgment of the court below is affirmed on the opinion of President Judge READER. Judgment affirmed, and it is ordered that the defendant appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any p...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4062031/
ACCEPTED 03-15-00056-CR 4703872 THIRD COURT OF APPEALS AUSTIN, TEXAS ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3860068/
Argued October 30, 1936. A judgment was entered against Herman Stein, Pearl Stein, his wife, Benjamin Auerbach and Sarah Auerbach, his wife, on a bond accompanying a mortgage. The bond and mortgage were executed by the four defendants to the plaintiff. Benjamin Auerbach and Sarah Auerbach presented a petition to open t...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3992112/
I think the instructions complained of only imposed upon defendants the obligation to exercise reasonable care under the facts and circumstances established by plaintiffs' evidence. According to plaintiffs' version of the collision, the truck, without warning, first turned suddenly over to the left side of the payment ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3862044/
Argued October 26, 1934. The question raised by this appeal is whether the Commonwealth of Pennsylvania is liable for the cost of printing the defendant's brief and record on appeal to the Supreme Court. The facts may be stated as follows: Antonio Garramone was indicted in the court below for murder. On June 4, 1930 he...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3860519/
Argued December 9, 1924. The plaintiff brought an action before a magistrate in the City of Philadelphia to recover the sum of $67.50 for merchandise. The defendant did not appear at the trial and judgment was entered for the amount of the claim. Subsequently an appeal was taken to the municipal court by the defendant ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3404513/
Ford brought an action to recover of the Southeastern Fair Association damages arising from the theft of his automobile from the parking grounds of the defendant, and alleged as the cause of the loss certain acts of negligence of the defendant. The defendant filed its plea to the jurisdiction, and general and special d...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3404532/
The defendant's conviction was authorized by the evidence; and the special assignments of error show no cause for a reversal of the judgment. DECIDED JUNE 7, 1944. REHEARING DENIED JUNE 24, 1944. The accused was convicted of the offense of bigamy; his motion for a new trial was denied, and that judgment is as...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714973/
851 So.2d 839 (2003) William RUDOLF, Jr., Appellant, v. STATE of Florida, Appellee. No. 2D03-786. District Court of Appeal of Florida, Second District. August 8, 2003. *840 SILBERMAN, Judge. William Rudolf appeals the trial court's order summarily denying his amended motion for postconviction relief filed pursuant to F...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/93309/
144 U.S. 142 (1892) BEDON v. DAVIE. No. 210. Supreme Court of United States. Argued March 16, 1892. Decided March 28, 1892. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. *143 Mr. S.P. Hamilton and Mr. Mills Dean for plaintiff in error. Mr. Edward McCrady, Jr., for W.R. Davie, defen...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/93316/
144 U.S. 210 12 S.Ct. 838 36 L.Ed. 407 STATE ex rel. QUINCY, M. & P. R. CO.v.HARRIS et al., Judges. April 4, 1892. Proceeding on mandamus, brought in the circuit court of Sullivan county, Mo., by the state, upon the relation of the Quincy, Missouri & Pacific Railroad Company, against Anderson W. Harris, George T. Todd...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/95127/
175 U.S. 323 (1899) NEW ENGLAND RAILROAD COMPANY v. CONROY. No. 42. Supreme Court of United States. Argued April 3, 4, 1899. Decided December 4, 1899. CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. *326 Mr. Frank A. Farnham for plaintiff in error. Mr. James E. Cotter for defendant in error. MR. JU...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/1714968/
402 So. 2d 1081 (1981) Claude J. CRUMPTON v. STATE. 1 Div. 127. Court of Criminal Appeals of Alabama. May 26, 1981. Rehearing Denied June 23, 1981. *1082 Barry Hess and Daniel L. McCleave of Hess, Atchison & Stout, Mobile, for appellant. Charles A. Graddick, Atty. Gen., and Michael E. McMaken, Sp. Asst. Atty. Gen., for...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3404661/
The evidence supports the allegations of the indictment and sustains the verdict. DECIDED JULY 3, 1943. The defendant was convicted on an indictment which charged that he did "use, drive and operate an automobile, the same being a motor vehicle, on over and along a certain public street and pu...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3997373/
Two separate actions were instituted by different plaintiffs against the same defendants to recover damages suffered in an automobile collision. These actions were consolidated for the purpose of the *Page 649 trial below, and a jury rendered separate verdicts, one in favor of each set of plaintiffs and against the de...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3995675/
TOLMAN, C.J., and MILLARD, J., dissent. During the month of January, 1925, one R. Stoller, being the owner of a hotel in the city of Camas, Washington, leased the same for the term of *Page 336 five years to defendants, J.W. and Ethel M. Faw, who were the owners of the furniture and movable equipment used in the opera...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3864596/
This is an action of trespass on the case *Page 448 for negligence, and is brought to recover damages for the loss of service of the plaintiff's minor daughter, Sarah McGarr, and also to recover for the expenses incurred by the plaintiff for medicines, medical attendance, and nursing, occasioned by reason of personal ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3404720/
Where the sole ground of a petition for certiorari is that the judgment of the inferior court is contrary to the evidence, the judgment of the superior court overruling the certiorari will not be reversed where it appears that the evidence is conflicting. DECIDED APRIL 30, 1949. The defendant, ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3861778/
Argued March 8, 1949. Relatrix, by a series of orders in this habeas corpus proceeding, has had the custody of her daughter, now eight years old, and her four-year-old son for more than two years, subject to the father's limited right of visitation. It is the intent of the present order to permit her to take the childr...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/45372/
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED -------------------------------------------U.S. COURT OF APPEALS ...
01-03-2023
04-25-2010
https://www.courtlistener.com/api/rest/v3/opinions/4554115/
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/3864171/
This is an action to recover the value of a promissory note for $450, payable to the plaintiff's order, and by him indorsed and delivered to the defendant under the following circumstances: On the 29th April, 1873, the plaintiff had an interview with the defendant at his store on Eddy Street, in the city of Providence,...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/93441/
146 U.S. 314 (1892) HALLINGER v. DAVIS. No. 1100. Supreme Court of United States. Submitted November 7, 1892. Decided November 28, 1892. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. *316 Mr. B.F. Rice for appellant. Mr. C.H. Winfield for appellee. *317 MR. JUSTICE SHIRAS, after sta...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/152733/
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 06-4180 LORENZO ANTHONY WILSON, a/k/a Baby Ann, Defendant-Appellant. ...
01-03-2023
08-11-2010
https://www.courtlistener.com/api/rest/v3/opinions/3980369/
It is insisted that the charge quoted in the original opinion did not suffice for the customary charge on accomplice testimony. The alleged purchaser, (the only state's witness) denied any such agreement relative to whisky as was testified to by appellant. There was no corroboration of the state's witness as to the sal...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/71770/
Case: 09-20556 Document: 00511048785 Page: 1 Date Filed: 03/11/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED ...
01-03-2023
04-26-2010
https://www.courtlistener.com/api/rest/v3/opinions/3997073/
HOLCOMB and FULLERTON, JJ., dissent. *Page 515 One of the principal industries in the states of Washington and Oregon for years past has been that of the manufacture of doors and other joinery products from Pacific coast fir, a substantial part of such products having been exported to foreign markets, there meeting in...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3862888/
Argued December 9, 1943. Plaintiff has appealed from the judgment entered by the court below in favor of defendant notwithstanding the verdict of the jury in an action to revive the lien of a judgment by writ of scire facias. On November 1, *Page 83 1930, appellee executed and delivered his judgment note in the amount...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3862171/
Submitted December 12, 1924. The action was in replevin. The appeal is from the refusal of the court below to enter judgment for the plaintiff for want of a sufficient affidavit of defense. The question involved is whether the bailor of an automobile chassis, in repossessing itself of the leased property, pursuant to t...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3864638/
This is a petition for certiorari to review the action of the zoning board of the town of North Providence, hereinafter called the board, which granted to Mary DeFelice an exception for the erection of a gasoline station and garage on her property at the southwest corner of Smith and Layton streets, otherwise described...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4554132/
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 1, 2020 * * * * * * * * * * * * * * AMANDA JO KILGUS, * No. 18-513V * ...
01-03-2023
08-07-2020
https://www.courtlistener.com/api/rest/v3/opinions/4246610/
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEA...
01-03-2023
02-20-2018
https://www.courtlistener.com/api/rest/v3/opinions/3863089/
Argued December 10, 1928. Claimant, a miner, was injured at work May 5, 1919. Beginning May 19, he received compensation for total disability under an agreement approved by the board, until August 25, 1920 (63 weeks) when he signed a final receipt and returned to and continued at work, not as miner, but as laborer and ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3863090/
Argued October 10, 1941 The plaintiffs, as assignees, brought an action of assumpsit to recover the amount alleged to be due on matured stock issued by the defendant building and loan association. After the pleadings were filed the plaintiffs moved for judgment for want of sufficient affidavit of defense. The court gra...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3864657/
The case is before us upon the respondent's motion to establish the truth of exceptions alleged to have been taken by him at the trial of the above entitled indictment before a justice of the Superior Court sitting with a jury. The respondent duly filed his bill of exceptions in the Superior Court. Some of the exceptio...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3988234/
I concur. As to the type of advertising put out by Auerbach and Schubach, some of it, I think, approaches the line of leading the public to believe that they are themselves practicing optometry and, if so, would be in contravention to subsection (3) of section 79-1-38. But I am unable to say that it was not sufficientl...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3871692/
These are actions of trespass on the case, brought by a man and his wife respectively, to recover damages sustained and alleged to have been caused by the defendant's *Page 229 negligence in so operating an automobile that it ran into one in which the plaintiffs were riding, in the intersection of Thayer and Waterman ...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/699318/
59 F.3d 1240 Walkerv.Baldor Electric Company NO. 94-60642 United States Court of Appeals, Fifth Circuit. June 13, 1995 Appeal From: N.D.Miss., No. 92-CV-337 1 AFFIRMED.
01-03-2023
04-17-2012
https://www.courtlistener.com/api/rest/v3/opinions/1976279/
294 B.R. 703 (2003) In re BLI FARMS, a Partnership, Richard Jerry Bli, Charlotte Bli, James and Pearl Bli, Debtors. Bli Farms (consolidated Debtor), Plaintiff, v. Greenstone Farm Credit Services, FLCA, and its assignee, USA Farm Service Agency, Defendants. Bankruptcy No. 01-22628. Adversary No. 02-2098. United States B...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3995706/
I concur in the result. Essentially, the issue in controversy is whether Madison Street Hospital shall be operated as "a closed shop." That the issue presents a labor dispute, in contemplation of Rem. Rev. Stat. (Sup.), § 7612-13, is clear. Consequently, under Rem. Rev. Stat. (Sup.), § 7612-1, the court has no power to...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1714967/
567 N.W.2d 314 (1997) 5 Neb. Ct. App. 867 Kim TETERS, Appellee, Cross-Appellant, and Cross-Appellee, v. SCOTTSBLUFF PUBLIC SCHOOLS, a political subdivision and nonprofit corporation of the State of Nebraska, Appellee, Cross-Appellant, and Cross-Appellee, and Kiwanis Club of Scottsbluff, Nebraska, a nonprofit corporatio...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3985662/
I concur. The real defense to this suit lies in the fact that the Federal court, on condemnation proceedings by the Kennecott Copper Company, permanently restrained and enjoined the plaintiff and the defendant from hindering or interfering with the occupation of the Kennecott Company to which the 1 Federal court throug...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1058506/
146 S.W.3d 469 (2004) STATE of Tennessee v. Gregory ROBINSON. Supreme Court of Tennessee, at Jackson. Heard June 2, 2004 Session. September 28, 2004. *473 Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Joseph F. Whalen, Associate Solicitor General; William L. Gibbons, District Atto...
01-03-2023
10-09-2013
https://www.courtlistener.com/api/rest/v3/opinions/1714978/
212 Wis. 2d 169 (1997) 567 N.W.2d 905 STATE of Wisconsin, Plaintiff-Respondent, v. Craig DAMASKE, Defendant-Appellant.[†] No. 96-1762-CR. Court of Appeals of Wisconsin. Oral argument May 28, 1997. Decided June 24, 1997. *175 On behalf of the defendant-appellant, the cause was submitted on the briefs of Stephen M. Glynn...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3405101/
The court did not err in overruling the plaintiff's motion to dismiss the answer of the defendant, but did err in overruling the plaintiff's motion for new trial. DECIDED OCTOBER 16, 1940. H. H. Dobson sued W. C. Monk on a promissory note for $115. The defendant contended that he did not owe th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4523779/
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00498-CV MWM HELOTES RANCH, LTD. and Myfe Moore, Appel...
01-03-2023
04-09-2020
https://www.courtlistener.com/api/rest/v3/opinions/3405136/
The notice to terminate the tenancy involved here was insufficient as a matter of law. DECIDED APRIL 10, 1948. Radcliff Memorial Presbyterian Church Inc., whom we shall call the landlord, instituted a dispossessory warrant against George Pace, whom we shall call the tenant, for possession of th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4240361/
J-A03007-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 ANDRE MURRAY : IN THE SUPERIOR COURT OF : PENNSYLVANIA v. : : DOMINIC TRIPODI & JOSEPHINE ...
01-03-2023
01-30-2018
https://www.courtlistener.com/api/rest/v3/opinions/3405407/
The court erred in rejecting certain documentary evidence offered by the defendant. DECIDED APRIL 23, 1946. The accused was convicted of an assault with intent to murder, his motion for a new trial was overruled, and that judgment is assigned as error. The evidence authorized the jury to find a...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4523799/
DENIED and Opinion Filed April 8, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00359-CV IN RE KELDRICK GREEN, Relator Original Proce...
01-03-2023
04-09-2020
https://www.courtlistener.com/api/rest/v3/opinions/3987190/
I concur in the opinion of Judge EVANS. I am well satisfied with the holding that under a charge of misappropriating a credit, the check or draft need not be described with greater particularity than found in this information. The rule applicable in prosecutions for forgery does not apply here. I am not so well satisfi...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4523791/
DISMISS and Opinion Filed April 8, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00420-CV THE ESTATE OF MAYBELLENE ANDERSON, DECEASED On Appeal ...
01-03-2023
04-09-2020
https://www.courtlistener.com/api/rest/v3/opinions/93586/
148 U.S. 615 (1893) CASEMENT v. BROWN. No. 173. Supreme Court of United States. Submitted March 24, 1893. Decided April 10, 1893. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. *621 Mr. W.A. Hutchins and Mr. J.W. Bannon for plaintiffs in error. Mr. Thornton M. Hinkle, for defendants ...
01-03-2023
04-28-2010
https://www.courtlistener.com/api/rest/v3/opinions/3405250/
The evidence was insufficient to authorize a finding that the hernia alleged to have been sustained by the claimant for compensation arose suddenly, or that it arose immediately following an accident. DECIDED DECEMBER 5, 1941. REHEARING DENIED DECEMBER 15, 1941. George C. Beckmann, on April 24, 1940, filed with t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3405253/
The petition as amended did not set forth a cause of action, and the court properly sustained the general demurrer. DECIDED MAY 20, 1940. C. L. Lamb brought suit against Louis Greeno and J. W. Brown, alleging that the defendants were indebted to him $185.46 by virtue of moneys had and received...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3863435/
Argued April 25, 1929. The question for determination is whether an assignment "for a valuable consideration" of a chose in action as collateral security for a pre-existing debt is valid. A.D. Roberts, alias Allen L. Rosenthal, was arrested and Tsorvas entered bail for his appearance before the United States District C...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3986256/
Only three alleged errors are assigned or argued. I shall state my views on each of them seriatim. (1) Alleged insufficiency of the evidence: As to this, a reading of the record discloses ample evidence to not only justify the court in submitting the case to the jury, but also to sustain a verdict of guilty. The only s...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1061699/
723 S.E.2d 638 (2012) 60 Va. App. 69 Roy M. CARRITHERS v. Kimberly A. HARRAH. Record No. 1747-11-1. Court of Appeals of Virginia, Chesapeake. April 17, 2012. Blanche M. Garber (Jeffrey M. Summers; BMGLAW LLC; The Law Office of Jeffrey M. Summers, PLLC, on briefs), for appellant. Jeffrey F. Riddle (William C. Cowardin, ...
01-03-2023
10-09-2013
https://www.courtlistener.com/api/rest/v3/opinions/3871763/
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]DECISION Before this Court is an appeal from a final decision of the Public Utilities Commission Division of Public Utilities Carriers (hereinafter "PUC" or "Division") granting William E. West, III, (hereinafter "West") the authority to operat...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1066966/
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned On Brief March 31, 2003 RODNEY JOHNSON v. JAMES GULLEY Direct Appeal from the Circuit Court for Shelby County No. CT-00...
01-03-2023
10-09-2013
https://www.courtlistener.com/api/rest/v3/opinions/3405436/
1. A warden of a public-works camp will not be held liable for the torts of convicts on the mere averment that he was negligent "in permitting said convicts to roam the roads of this county and State at large [in a truck], without any guard," whereby injuries resulted from a collision of the truck with the plaintiff's ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/1976391/
375 N.W.2d 59 (1985) STATE of Minnesota, Respondent v. Roger Gordon CLARK, Appellant. No. C3-85-318. Court of Appeals of Minnesota. October 8, 1985. *60 Warren Kochis, Ann M. Gustafson, Asst. County Atty., Willmar, for respondent. John Mack, New London, for appellant. Heard, considered and decided by WOZNIAK, P.J., and...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3865171/
These two actions in assumpsit in assumpsit on promissory notes were tried together to a jury and resulted in a verdict of $684.17 for each plaintiff. Defendants' motion for a new trial in each case was denied. The cases are before *Page 121 us on exceptions to these decisions and on certain other exceptions to ruling...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/4000145/
Plaintiff brought this action to recover the amount of certain checks alleged to have been converted *Page 342 by the defendant bank. From a directed verdict in plaintiff's favor upon which a judgment was entered, this appeal was taken. The facts of the alleged conversion are briefly as follows: The respondent corpora...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/1715060/
567 N.W.2d 724 (1997) Tim WHITE, et al., individually and on behalf of the State of Minnesota, Appellants, v. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, Respondent, and Birch Terrace, et al., Defendant-Intervenors, Respondents. No. C8-97-62. Court of Appeals of Minnesota. August 19, 1997. *728 Elizabeth H. Schmiesing, ...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/155647/
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/1265733/
197 Ga. App. 527 (1990) 399 S.E.2d 83 PAYNE v. JOYNER et al. A90A0726. Court of Appeals of Georgia. Decided October 26, 1990. Lokey & Bowden, Peter K. Kintz, K. Scott Graham, for appellant. Drew, Eckl & Farnham, G. Randall Moody, for appellees. BEASLEY, Judge. Payne, who was not wearing a seat belt and was injured upon...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/1053381/
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs April 10, 2007 RUDELL FUNZIE v. STATE OF TENNESSEE Appeal from the Circuit Court for Lake County N...
01-03-2023
10-08-2013
https://www.courtlistener.com/api/rest/v3/opinions/3996480/
About 1910, Daniel Salwt appeared in Seattle as the prophet of a new religious cult designated by him as the "Seventh Elect Church in Israel." He claimed to be a messenger from God, commanded to gather together 144,000 persons to be known as the "Elect of God." His teachings were that the cult would grow and prosper un...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3868771/
The plaintiff obtained a judgment against the defendant in the District Court of the Seventh Judicial District. Thereupon the defendant's attorney, within the time prescribed by statute, filed an appeal bond, executed by himself in the name of the defendant, and paid the plaintiff's costs. Subsequently he filed the def...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/3868772/
This is assumpsit for goods sold and delivered to, work and labor done and performed for, and cash advanced to John M. Cargill, defendants' testator in his lifetime. Pleas, the general issue and the statute of, limitations. At the trial of the case in the Court of Common Pleas, at the December Term thereof, 1892, the p...
01-03-2023
07-06-2016
https://www.courtlistener.com/api/rest/v3/opinions/697822/
57 F.3d 1063 U.S.v.One 1987 Suzuki Samuri NO. 93-6311 United States Court of Appeals,Second Circuit. May 11, 1995 Appeal From: N.D.N.Y.92-cv-604 1 AFFIRMED.
01-03-2023
04-17-2012