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https://www.courtlistener.com/api/rest/v3/opinions/1874348/
318 B.R. 300 (2004) In re Doretha Belinda PERKINS, Debtor. Doretha Belinda Perkins, Plaintiff, v. Pennsylvania Higher Education Assistance Agency, Defendant. Bankruptcy No. 03-80777C-7D, Adversary No. 03-9075. United States Bankruptcy Court, M.D. North Carolina, Durham Division. December 2, 2004. *301 *302 *303 Doretha...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3428809/
This is an appeal from an order of the court appointing a receiver in a mortgage foreclosure proceeding to collect the rents and profits from the mortgaged land after decree but prior to sale and during the year allowed for redemption. The prominent facts in this case, briefly stated, are that appellee St. Louis Union ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428715/
The material facts, as shown by the record in this case, are not in controversy. They are as follows: that at all times herein mentioned, there has been in Noblesville, Hamilton County, Indiana, a duly organized county hospital organized pursuant to our statutes covering county hospitals; that on September 9, 1947, thi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428776/
DISSENTING OPINION. This was an action brought in the name of the State of Indiana, on the relation of the Attorney General, upon the official bond of Louis Middleton, former clerk of the Howard Circuit Court, to recover from the defendants the unpaid balance of all funds, including costs, fees, and trust funds, which ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428717/
Action by appellant to recover on a contract for the construction of a silo, and to foreclose a mechanic's lien therefor. In the first paragraph of complaint, appellant alleged, in substance, that it and appellee Robert A. Huber entered into a written contract by which appellant agreed to furnish the material for and p...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4073714/
ACCEPTED 03-15-00210-CR 7101393 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/25/2015 11:50:34 AM JEFFREY D. KYLE CLERK FILED IN 3rd COURT OF APPEALS ...
01-03-2023
09-30-2016
https://www.courtlistener.com/api/rest/v3/opinions/4073719/
September 25, 2015 Re: Court of Appeals Number: 03-15-00251-CV Trial Court Case Number: C-1-CV-14-010888 Mr. Kyle, I was not aware this case was on appeal. On Thursday, September 17, 2015, counsel for Onabajo emailed me inquiring about the reporter’s record. Counsel also informed me that an appeal and affidavit ...
01-03-2023
09-30-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428773/
DISSENTING OPINION. The questions involved are so important and have such a far-reaching effect that I deem it necessary to give my reasons for withholding my assent to the views of the majority of the court. *Page 206 By his petition, Lemuel S. Todd seeks admission to the practice of law at the bar of this court upon...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428779/
This action was brought by the attorney-general pursuant to § 1, Acts 1917 p. 347, § 12660 Burns 1926, § 7546j1 Burns' Supp. 1921, of the public accounting law, to recover from appellee $180. The pleadings consisted of a complaint in one paragraph, an affirmative answer in two paragraphs, and a demurrer to the complain...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428775/
From 1928 to 1932 appellee Middleton was clerk of the Howard Circuit Court and appellee The Employers' Liability Assurance Corporation, Ltd., was surety on his official bond. At the expiration of his term Middleton had on deposit in three Kokomo banks, which had been designated as public depositories by the county boar...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428780/
Appellee brought this action against one Annie Borenstein, now deceased, to recover a commission alleged to be due him for procuring a tenant for certain real estate then owned by said decedent, and located in the city of Indianapolis, Indiana. The complaint was in ten paragraphs, each paragraph seeking to recover the ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428805/
Appellant and appellee were candidates on the Democratic ticket for the nomination of township trustee of Barr Township, Daviess County, Indiana, at the primary election held on May 3, 1938. That at this election the precinct election board received and counted for appellee two hundred and fifty-five votes and received...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428806/
On and prior to May 6th, 1919, appellee, Murray J. Scherer, was engaged in business in the City of Decatur, Indiana, conducting an undertaking establishment and also selling musical instruments, using two rooms of the same building, in one of which was kept his musical instruments, and in the other the caskets and othe...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428707/
Appellant was convicted of having in his possession intoxicating liquor, in violation of § 4 of the act of 1925 (Acts 1925 p. 144, ch. 48, § 2717 Burns 1926). Overruling motion for new trial is the only alleged error assigned; and the only reasons for new trial presented are that the finding of the court is not sustain...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428708/
Appellant was charged by affidavit and convicted of maintaining a common nuisance, in violation of § 20 of the act of 1917 (Acts 1917 p. 25), concerning prohibition of intoxicating liquors. The penalty fixed was the minimum fine provided by statute for the offense charged, to which was added a small jail sentence. The ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428710/
The State Protective Corporation was an Indiana corporation organized under an act entitled, "An Act for the Incorporation of Societies not for Pecuniary Profit." (Acts 1889, page 141.) Its business consisted in the solicitation and sale of membership certificates issued by the corporation, which certificates provided ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428817/
Action by appellants as partners doing business under the name of "The Bank of Peebles" against Joseph DeTraz, to recover upon a promissory note signed by DeTraz and payable to his order. The complaint alleges the indorsement and delivery of the note by DeTraz to the Indiana Oil Refining Company, and its assignment by ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428836/
An affidavit in five counts was filed against appellant, charging in different counts that at a time and place named he manufactured, received from a carrier and transported in an automobile intoxicating liquor, that he maintained a common nuisance by keeping a place where intoxicating liquor was manufactured, sold, et...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428763/
The appellant Columbia Conserve Company, Inc. is an Indiana corporation engaged in the canning business. In 1917 the salaried employees of the company formed an organization which they called a "council." The members of the council, including the appellee, the company, and a majority of its common stockholders entered ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428765/
This was an action to quiet title to real estate instituted by Nellie B. Bowers, trustee, against Grantham Realty Corporation, Joseph P. Grantham, Anna S. Grantham, his wife, Josephine E. Young, Allen DeLoss Gordon and Emmett Dudley Gordon. To the complaint herein the appellant, Grantham Realty Corporation, filed its a...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4058733/
JUDGMENT Court of Appeals First District of Texas NO. 01-14-00924-CR EX PARTE NII-OTABIL NELSON, Appellant Appeal from the 182nd District Court of Harris County. (Tr. Ct...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428870/
Each of these cases is an appeal from an interlocutory order appointing appraisers to assess *Page 427 the damages of landowners by reason of the fee simple title 1. of lands in and near the channel of the Tippecanoe river having been appropriated for the purpose of being overflowed by waters impounded in a dam const...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428824/
Clare Grubb, appellant herein, brought this action against Auburn Hotel, a corporation, and Rolland Muhn, appellees herein, to recover damages for personal injuries alleged to have been received due to appellees' alleged violation of Section 4441, Burns 1926, ch. 236, Acts 1911, p. 597. The appellant's amended complain...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428826/
In 1931 the Superior Court of Marion County appointed a receiver for the Pennsylvania Thirteenth Realty Company at the suit of a preferred stockholder, who alleged default in the conditions of the preferred stock agreement. The company has been in the hands of a receiver since that time. It is not insolvent. It seems ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428827/
The appellee sued appellant and appellee Bankers Life Company of Des Moines, Iowa. The suit grew out of a collision between a "mail truck" driven by appellee Truex and an automobile driven by appellant. At the time of the accident appellant was employed by appellee Bankers Life Company of Des Moines, Iowa. The matter w...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428829/
This action was instituted by Theressa Faust, Executrix, against the Baltimore and Ohio Railroad Company to recover damages for the death of John H. Faust, alleged to have been caused by the defendant's negligence. John H. Faust had been employed by the defendant in its railroad yards at Garrett, Indiana, for several y...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428830/
ON PETITION FOR REHEARING. Appellant in support of its petition for a rehearing contends that we failed to consider its contention that appellee's decedent at the time of his injury was not engaged in interstate commerce. Having stated the facts as disclosed by the evidence our holding that the answers of the jury to t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428831/
The appellant was charged by indictment with a violation of the liquor law. The charging part of the indictment is as follows: "That Henry Slick and Mary Slick, on or about the 27th day of May, 1923, at and in the county of Marion, and State of Indiana, did then and there unlawfully manufacture, transport, sell, barter...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428833/
Appellees are either full brothers and sisters or children of deceased full brothers and sisters, and appellants are half-brothers and half-sisters of Lou M. Gray, deceased. The questions presented on this appeal are in connection with the following provisions of decedent's will: "5. I desire that all my other property...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4031238/
NUMBER 13-16-00368-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ KEITH WILEY, ...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428834/
Appellant sued appellee for damages to his motor truck resulting from a collision upon a public highway in the State of Indiana, with a truck belonging to the appellee. The complaint is in one paragraph, and alleges in *Page 442 substance that the appellant was the owner of a certain truck; and that, while carefully a...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428849/
A rehearing having been granted after a per curiam affirmance, this case is again before the court. Suit was brought by the appellant against Anderson Oil Company and William R. Wood to recover for personal injuries arising out of an automobile collision. At the close of the plaintiff's case, appellee Anderson Oil Comp...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428895/
Appellant and appellee were candidates for the office of township trustee of Center township in Martin county at the general election in November, 1926. The election officers declared appellant elected. Appellee brought an action in the commissioners' court of Martin county to contest the election under § 7612 et seq.,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3208998/
Case: 15-60022 Document: 00513531569 Page: 1 Date Filed: 06/02/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals ...
01-03-2023
06-03-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428911/
Appellant filed his amended complaint for replevin in the court below, averring, among *Page 44 other things, that he was arrested by officers of the Indianapolis Police Department and charged with the misdemeanor of "Disorderly Conduct." That upon his arrest the policeman took his fingerprints with ink on white cards...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247136/
Because exhaustion is jurisdictional, Mr. Brett bears the burden of showing that he raised these allegations at the administrative level. Georgiades , 729 F.2d at 833 n.4. Mr. Brett's opposition does not satisfy this burden. With respect to his claim that Mr. Trent lodged false allegations against him, Mr. Brett's oppo...
01-03-2023
07-25-2022