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https://www.courtlistener.com/api/rest/v3/opinions/3433915/ | The charges against the appellant, as amended, upon which the trial was had and his license to practice as an attorney at law was revoked, may be summarized as follows:
1. That the defendant had been convicted in the police court of Sioux City of keeping a disorderly house, and had been fined; that he had appealed to t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433916/ | R.W. Marquis, long a resident and successful business man of Polk County, died intestate in February, 1909, survived by two daughters, the plaintiffs Alice J. Bowman and Adeline Grace Jones, and three sons, named as defendants: Richard Hayden Marquis, Walter Courtney Marquis, and Clifford Sinclair Marquis.
On or about ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433917/ | The property in question (Lot 6, in Block 12, Reeves's Addition to the city of Keokuk) was purchased by the Bentzingers (husband and wife) in 1912, and occupied by them as the family home until May 5, 1926. In 1922, Dorsey, the plaintiff, a physician and surgeon, was employed to render professional services to both Mr.... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433920/ | The information, filed by the county attorney, accused defendant of the crime of obtaining property by false pretenses in that, on or about October 18, 1938, he obtained from Addie Otto one Emmetsburg Investment Co-Collateral Trust Note, Number 100, by false pretenses. Trial was had, resulting in a verdict of guilty. D... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211431/ | This opinion is uncorrected and subject to revision before
publication in the New York Reports.
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No. 95
Wally G., an Infant, by His
Mother and Natural Guardian,
Yoselin T.,
Appellant,
v.
New York City Health and
Hospitals Corporation
(... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211434/ | This opinion is uncorrected and subject to revision before
publication in the New York Reports.
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No. 77
In the Matter of Westchester
Joint Water Works,
Appellant,
v.
Assessor of City of Rye,
Respondent;
Rye Neck Union Free ... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433951/ | This action involves the construction of the will of W.K. Phillips, who was the owner of certain real and personal property, and who resided in Marshalltown, Marshall county, Iowa, in which county his will was admitted to probate. The plaintiffs-appellants in this action are the grandson and granddaughter of the said W... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433952/ | Defendants were the owners of 160 acres of land in Cherokee County covered by a mortgage of $9,500 executed by former owners, who transferred the land to the defendants herein. The mortgage contained a clause authorizing a receivership after a valid sale on execution under the mortgage. The record shows that all partie... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433955/ | The decedent was Ulfert Wientjes, who died in February, 1926. His age at the time of his death was 91 years. In his early years, he was a farmer, and owned and occupied a farm in Butler County. His first wife, the mother of his children, died about 1905, leaving her husband surviving her, with three children, — a son, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433946/ | Plaintiff brought an action at law against the defendant, the Equitable Life Assurance Society of the United States, wherein he sought recovery from the defendant of the amount due under a policy issued by it upon the life of Elma P. Edgington. The policy was of a retirement annuity nature and was payable to Elma P. Ed... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433953/ | [1] Paul Hair, a boy ten years of age, was injured at Cumberland, Iowa, on May 12, 1930, by the collapse of *Page 1230
seating supports in a tent show. He sustained a simple transverse or square fracture of the femur at a point two-thirds up from the knee to the hip. The defendant, a practicing physician and surgeon i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433956/ | The accident in which the plaintiff received her injuries occurred near Atlantic on July 9, 1928. The plaintiff is the adult daughter of the defendant, engaged as a stenographer and living in the home of her father and stepmother in Des Moines, but paying for her board and room. On Saturday, July 7th, while the plainti... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433961/ | Richard Goeman, as plaintiff, brought suit against the Live Stock National Bank of Sioux City, Iowa, defendant, alleging that said bank had converted to its own use the proceeds of two drafts issued to him by Tyson Produce for products sold and delivered to Tyson Produce, said drafts being for $1,200.15 and $883.50. Th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433993/ | The appellee and appellant were married at Rock Island in the state of Illinois on the 29th day of November, 1916. The appellee is the husband and the appellant the wife. They will be referred to in this opinion, whenever possible, as the husband and wife. They lived as man and wife at Rock Island until about the 14th ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433995/ | The defendant was tried and convicted in the court below of the crime of maintaining a liquor nuisance. The court sentenced him to confinement in the county jail for a term of one year. The exceptions argued are numerous, but we deem it necessary to discuss only a part of them.
I. Elmer Hammond, who was one of the judg... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433996/ | I. On July 27, 1921, one Frank Libbeous Point was the owner of 95 acres of land situated in Buena Vista County, and on that date, he and his wife, Anna May Point, executed to the Federal Land Bank of Omaha a promissory note for $8,500, securing the same by a mortgage on the aforesaid land. This was an amortization inst... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433998/ | The facts so far as the evidence is disclosed are quite uncertain. We gather that defendant was formerly the wife of C.W. Ludwig but has re-married. Plaintiff and Ludwig claim that Ludwig obtained a decree of divorce from defendant in Missouri on October 5, 1927. A certified copy of such a decree was offered in evidenc... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433999/ | A rehearing was granted objectors, appellees, and the case is before us on the resubmission. We reach the same result as the original opinion found in 289 N.W. 754. Because of the issues presented by objectors on resubmission, it is necessary to withdraw the original opinion.
Florence Graves and Florence Graves as assi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4261096/ | NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
DEMETRIUS WALKER, ... | 01-03-2023 | 04-04-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3434000/ | The issue in the case, as finally submitted in the court below and here, is whether the mortgage should, in effect, be reformed by excluding therefrom the homestead of the appellants. The situation of the parties at the time of the execution of the mortgage is shown to have been substantially as follows: The appellants... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434003/ | DISSENT: MILLER, J. *Page 1237
[1] While the facts in this case are somewhat complicated, most of them have been stipulated. Ray Roberts, who was the owner of a 1939 Chevrolet 3/4-ton pickup truck, sold same to Elbert Ansberry of Guthrie county, Iowa, and on January 8, 1940, Ansberry gave his promissory note, secured b... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434004/ | I am unable to agree with the opinion of the majority herein and respectfully dissent.
The majority opinion states:
"In the case of Steltzer v. Ansberry, the plaintiff did not seek to foreclose the chattel mortgage which it held on the truck. * * * The decree in the Steltzer case does not foreclose the chattel mortgage... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434005/ | I concur in the result reached in the majority opinion. I do not agree with the holding therein that the plaintiff is entitled to seize and sell the truck upon special execution issued on the Steltzer judgment assigned to plaintiff.
In his petition Steltzer alleged that Ansberry had disposed of the truck, and that he f... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434007/ | This action was before this court on a former appeal in214 Iowa 1021, 243 N.W. 183. The judgment on that appeal was reversed on an erroneous instruction on the measure of plaintiff's recovery. The "excuse defense" raised in this case was not discussed or ruled on in the former case, except as referred to in a dissentin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434008/ | The plaintiffs in this case are the wife and the children of William Bahls who died November 5, 1917, testate, and who was at the time a resident of Calhoun county, Iowa, the owner in fee of the land described in the petition as follows: N 1/2 of the SE 1/4, S 25; NE 1/4 S 26, E 1/2 of NW 1/4 S 36, all in Township *Pag... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434009/ | On October 3, 1924, the defendants Jacob Rashid and Sadie Rashid, his wife, executed and delivered to the defendant W.A. Scherfe, trustee, a warranty deed conveying a *Page 1104
large number of lots in the city of Ft. Madison. The deed gave the trustee power to sell and incumber the property conveyed. The property con... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434011/ | Defendant, Shoemaker, sold a lot to Welch. Plaintiff, as surviving partner of her husband, J.B. Reeve, claims that she or her firm secured the purchaser, and is entitled to a commission. Plaintiff produced a book kept by Reeve and herself, in which this lot was listed. She does not claim that the listing was made with ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4065523/ | THE STATE OF TEXAS
MANDATE
TO THE 196TH DISTRICT COURT OF HUNT COUNTY, GREETINGS:
Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 10th
day of March, A.D. 2015, the cause upon appeal to revise or reverse your Judgment was
determined; an... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434027/ | I. Appellees entered into a written lease with one Conklin for certain lands in Woodbury County, for a term of three years commencing March 1, 1918. By the terms of the lease the tenant was to pay a yearly cash rental for said premises. Appellant held chattel mortgages upon the personal property of the tenant. In Decem... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434030/ | On July 1, 1916, the defendant railroad company mortgaged its property to the defendant American Trust Company. On July 1, 1919, a mortgage was made to the plaintiff, which, by arrangement between the parties interested, was given 1. RECEIVERS: priority over the former mortgage. On November settlement 20, 1920, Ne... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434031/ | The plaintiff's petition, filed February 11, 1939, asserts that she is the executrix of the Estate of Harry Z. Hatheway, deceased; defendants Dora G. Hanson and C.L.P. Hanson are wife and husband and Augustus T. Hanson is their son; on April 1, 1937, Dora Hanson owned an 80-acre farm free of encumbrance; about that dat... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434032/ | The defendant complains because of the overruling by the court of its motion for directed verdict, which was made at the close of plaintiff's evidence, and renewed at the close of all the evidence.
Only three propositions are presented for our determination. (1) Was the defect such as that the court could properly allo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434033/ | This action is founded upon a note and mortgage securing the same, executed by the defendants on October *Page 1014
1, 1926. The defendants, in their answer, admit the execution of the note and mortgage. In subsequent paragraphs of their answer, they aver certain alleged affirmative defenses. The answer is quite volum... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434034/ | The defendant Browne, for many years up to June, 1922, was president of the plaintiff bank. One Jens Peterson was a borrower, and in March, 1921, was indebted to the bank in the sum of $6,600, which at that time was collateraled with a land contract, which afterwards became worthless. Browne, to protect the interest of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434035/ | In this suit in equity plaintiff seeks to recover judgment against the two defendants for the amount of a promissory note plaintiff holds. The note was signed by defendant, F.D. Staves, and his liability was not denied or controverted. The other defendant, Grace D. Staves, was neither a maker, endorser, nor otherwise a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434036/ | [1] The facts herein are presented by the pleadings. On January 5, 1943, plaintiff, a Pennsylvania corporation, *Page 282
filed a petition, Count I of which asserted that on June 24, 1942, Samuel J. Ewing, now deceased, delivered to Knox McCalla, for the use and benefit of plaintiff, a written instrument, as follows:
... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434037/ | On August 27, 1926, and for about eight years prior thereto, one Claude Belcher was employed as a boiler cleaner and inspector for the defendant Electric Light Company. On the afternoon of that day, while Belcher was acting in the due 1. MASTER AND course of his employment, he died; and the SERVANT: primary ques... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434038/ | One John G. Grimm was the owner of an undivided one half of the south half of the northwest quarter of Section 31, Township 75 north, Range 3 west of the 5th P.M., except the west nine acres thereof. Laura E. Grimm was his wife. On the 11th day of March, 1920, the said John G. Grimm executed to the appellant a mortgage... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434039/ | William Lynch Sr., a resident of Grundy county, departed this life on January 13, 1923. An instrument was filed that purported to have been executed by him as his last will and testament. Objections were made to its admission to probate. A hearing thereon resulted in an order in probate being entered in the Grundy dist... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434095/ | J.C. Garrett, in his petition asking damages against the Hampton Clinic, et al. — petitioners in this certiorari proceeding — alleged in substance that the defendants failed to properly diagnose and treat his condition. Defendants filed a motion to make the petition more specific. The trial court sustained the motion i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434109/ | Decedent, Ellsworth Maland, was a young man of 21 who lived with his mother and brother on a farm near Huxley. The brother, as administrator, brought this action. Defendants are Burton Tesdall, the owner of the car, an implement dealer at Huxley, and his son Arnold, 21 years old. Arnold, with the consent of his father,... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434041/ | Appellant was admitted to the bar of this state in 1921, and has been engaged in the practice of his profession since that time. In June, 1924, the bar association of Union County appointed a committee to examine into and report 1. ATTORNEY on certain alleged practices on the part of AND CLIENT: appellant. The co... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247168/ | ANDREWS, United States District Judge
Relator Paul Denis brings this qui tam action against Medco Health Solutions, Inc. and its parent Express Scripts Holding Company (collectively, "Medco") alleging violations of the False Claims Act, 31 U.S.C. § 3729 et seq. , and analogous state statutes. Denis' allegations mirror ... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3434042/ | The facts in this case are not in dispute. On September 16, 1925, the appellees Fred W. Berns and Christina Berns executed and delivered to the appellant their note for $22,000, and secured the same by a mortgage upon certain real estate. This real estate mortgage also pledged to the mortgagee the rents, issues, and pr... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434043/ | The most difficult problem presented upon this appeal is the interpretation of the record before us. A jury was waived and the cause tried to the court upon a stipulation of facts. It appears from such stipulation that appellee resides upon a farm something over two miles from the school located in the town of Danbury,... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434044/ | DISSENT: Garfield, J., and Bliss, C.J., and Oliver, J.
Part of the facts in this case were by stipulation. The place where the accident occurred was outside the city limits and near the airfield south of the city of Des Moines. A paved street known as Southwest 21st Street runs south to the airfield, and is intersected... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434111/ | I respectfully dissent from the conclusion reached by the majority that a jury question is presented in the instant case. The ruling of the trial court in sustaining the motion of the defendant for a directed verdict has no relation to the ruling of the trial court on the admissibility of the verdict of the coroner's j... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/1758147/ | 926 S.W.2d 432 (1996)
325 Ark. 257
CITIZENS TO ESTABLISH A REFORM PARTY IN ARKANSAS, et al., Appellants,
v.
Sharon PRIEST, in Her Official Capacity as Secretary of State for the State of Arkansas, Appellee.
No. 96-639.
Supreme Court of Arkansas.
July 8, 1996.
*433 Samuel Lanham, Jr., Bangor, G. Alan Perkins, Little Roc... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/3434113/ | VENUE: Domicile or Residence — Legal Residence of Corporation.
The legal residence of a domestic corporation for pecuniary profit is at its principal place of business, as designated in its articles of incorporation, and the corporation may be sued in such county, irrespective of the residence of its officers and of th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434142/ | The collision in this case occurred April 10, 1929, in Marshalltown, Iowa, between a city truck and an automobile driven by the defendant. At the time the plaintiff, appellee, was employed in the sewer department of the city of Marshalltown, Iowa. In the forenoon of that day, plaintiff and two fellow employees were ret... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434143/ | Appellant assigns a series of alleged errors, but few of which, it is contended, if any, standing alone, present a ground for reversal; but it is contended that, when the record is considered as a whole, it discloses that appellant did not have a fair trial. The exceptions urged relate to rulings of the court on the ad... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434144/ | On a policy of fire insurance issued by the defendant the Palmetto Fire Insurance Company, the plaintiff in this action seeks to recover for damage to his automobile, alleged to have been caused by fire. By the terms of the policy, the automobile is insured against direct loss or damage from fire, arising from any caus... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434146/ | I find myself unable to agree with the majority and respectfully dissent. *Page 1137
This is not an action to quiet title, nor is it one to determine who has title to certain property. It is an action in equity to enjoin the county treasurer of Polk county from listing, publishing and selling certain pieces of propert... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434147/ | John F. White, owner of the land involved herein, died in 1917, leaving a will, a copy of part of which is as follows:
"I, John F. White of Jones Township Union County Iowa, aged 47 years being of sound and disposing mind, Make, Publish and declare this to be my last Will and Testament. After the payment of all my just... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434148/ | The plaintiff was a tenant on the farm of the defendant, under an oral agreement. Prior to the tenancy, the parties had been operating the farm as partners. The controversy relates to various items claimed by plaintiff to be due him, growing out of the tenancy, and to one item for hauling corn during the partnership, a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434189/ | [1] Cora Utterback and Hubert Utterback were married December 25, 1934. Hubert Utterback had *Page 740
been married before and had two daughters. He was taken sick sometime in the early part of 1938, and in September of 1938 he was in the hospital in Des Moines. When he left the hospital he went to reside in the home ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434190/ | Appellee had two policies of insurance upon a dwelling house in the city of Des Moines, one with the American Insurance Company of Newark, New Jersey, appellant herein, dated May 11, 1930, and the other, issued by the Mechanics Insurance Company of Philadelphia, dated October 30th of the same year. Each policy insured ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434152/ | John Adam Schaal died testate in Polk County, Iowa, November 17, 1912. His will was duly admitted to probate in the district court of Iowa in and for Polk County, December 23, 1912. The instant petition in equity, for the partition of 1. PARTITION: certain real estate of which the testator died right of seized, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434155/ | Rasmus Hemerson, defendant to cross-petition, owned two separate tracts of land in Humboldt County. Upon this land plaintiff held an unforeclosed mortgage. From one of the tracts Humboldt County excavated gravel, compensating Hemerson therefor. Plaintiff, as mortgagee, brought this action against the county, alleging t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434156/ | [1] A.L. Hager died testate January 30th, 1923. His will was admitted to probate on March 6th of the same year, and Rey Hager Martin and Mildred Hager Elliott, two daughters of the deceased, were appointed and duly qualified as administratrices, with the will annexed. The estate became *Page 853
heavily involved, beca... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434193/ | The petition is in four counts; and, as they represent different situations, they will be treated separately.
The first count deals with a paving improvement, upon the completion and acceptance of which the city of Des Moines issued the following bond, as a part of a series of 43 bonds, in form as follows: *Page 1211
... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434195/ | Prior to 1902, M.D. Ozias, now deceased, was the owner of the land in question, known as the Buckmaster farm, consisting of 280 acres. He owned other farms and other property, his possessions in all being, according to his *Page 1079
own estimate, worth $105,000. His wife was then living, and he had seven adult childr... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434197/ | This was an action at law, commenced on February 23, 1928, by the plaintiff-appellee against the defendant-appellant, to recover the face value of a check. Appellant was *Page 1134
the drawer of the instrument, and he stopped 1. APPEAL AND payment thereon. That dishonor of the negotiable ERROR: document was a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434199/ | Austin and Goodell, appellees, were the president and cashier, respectively, of the Commercial Savings Bank of Tama, Iowa, and they, with the other defendants, constituted the board of directors. On December 31st, 1923, appellees, on the demand of the state superintendent of banking, in writing guaranteed the payment o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434209/ | [1] Edward J. Murray died, testate, May 15, 1944, leaving surviving him Mary E. Murray, his widow, six sisters, and a brother. The will was admitted to probate on June 6, 1944. It made certain specific devises and bequests to the widow and also gave her one half of all the rest, residue, and remainder of the estate. Al... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434210/ | The action, as originally commenced by the plaintiff, was against "John Doe, or any peace officer within the jurisdiction of the district court of Polk County, Iowa." It was alleged in the petition that the plaintiff was engaged in the wholesale drug business in Des Moines, and had in its possession certain alcohol whi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434211/ | The plaintiff, Mutual Benefit Life Insurance Company, brought suit against defendants Charles R. Fischer, Commissioner of Insurance of the State of Iowa, John M. Grimes, Treasurer of the State of Iowa, and C. Fred Porter, Comptroller of the State of Iowa, to compel a refund to it of the sum of $378.10 as insurance-prem... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434212/ | The majority sees no conflict between our decision in New York L. Ins. Co. v. Burbank, 209 Iowa 199, 216 N.W. 742, hereinafter called the Burbank case, and Prudential Ins. Co. v. Green,231 Iowa 1371, 2 N.W.2d 765, 141 A.L.R. 1401, hereinafter called the Green case. The majority feels its opinion is in line with the two... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434213/ | On September 6, 1924, the Great American Insurance Company issued to B.J. Hall its policy of fire insurance. In such policy a dwelling of said Hall was insured for $4,000, a private barn for $500, and household and kitchen furniture, including "plate and plated ware, clocks, watches and jewelry in use" for $2,500. On S... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434233/ | The substance of plaintiff's petition is that, about the month of April, 1923, the defendant orally uttered, of and concerning the plaintiff, to one Christ Pries, who resided in the town of Paullina, the following false, malicious, and defamatory words, to wit:
"He is a dope fiend. He takes so much dope that he is not ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211471/ | IMPORTANT NOTICE
NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED."
PURSUANT TO THE RULES OF CIVIL PROCEDURE
PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C),
THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE
CITED OR USED AS BINDING PRECEDENT IN ANY OTHER
CASE IN ANY COURT OF THIS S... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4261400/ | Court of Appeals
of the State of Georgia
ATLANTA, March 27, 2018
The Court of Appeals hereby passes the following order
A18A0817. VEAL FARMS, LLC et al. v. AgGEORGIA FARM CREDIT, ACA.
Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WIT... | 01-03-2023 | 04-05-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3434245/ | Arnold G. Fickbohm, about 29 years old, an employee of the Ryal Miller-Kidder Company, was injured on May 8, 1937, and thereafter a memorandum of agreement was executed between him and his employer and the Utilities Insurance Company, the insurance carrier, which was filed and approved by the Iowa industrial commission... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434246/ | The principal question presented is whether, as the trial court decreed, a mother who procured a divorce in a foreign state with an award of custody of her small child, but without an allowance for its support, may require the father, domiciled in Iowa over whom the divorce court acquired no personal jurisdiction, to c... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434247/ | On May 2, 1928, the district court of Pottawattamie County, in a previous cause then pending, granted the defendant-appellee, Nicholaus F. Neve, an absolute divorce from the bonds of matrimony existing between him and the plaintiff-appellant, Emma F. Neve. In that former action, the appellant was plaintiff, and the app... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434250/ | [1] On the 6th day of March, 1936, an indictment was filed in the district court of Madison County, Iowa, against the defendant Ivan Rhone, charging him with the crime of murdering one Sherwood Carney. The plea to the indictment was "Not Guilty", and the case was tried to a court and jury, trial beginning on May 4, 193... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434252/ | On the 23d day of April, 1924, Leach, as superintendent of banking, was appointed receiver of the Arthur Savings Bank, of Arthur, Iowa. On that date he qualified, and *Page 1053
1. BANKS AND assumed his office as such receiver, and BANKING: proceeded to liquidate the assets of said bank. insolvency: On the 5t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434253/ | Both plaintiff and defendant filed applications for modification of an order and judgment providing for support and alimony payments. Both applications were denied. Only the defendant, Charles M. Kirk, appeals.
In January, 1926, a divorce was granted the appellee herein from the defendant, appellant. The decree provide... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434254/ | The sole question involved in this case is: Did the petitioner, Max Duckworth, by appearing before the grand jury of Woodbury county and testifying, waive his right to claim his privilege or immunity from testifying at the trial of the case in the district court, wherein the indictment of the defendant on trial was bas... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211479/ | NUMBER 13-16-00148-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
THELMA DORIS FERRY, Appellant,
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434257/ | The plaintiff herein, appellant, is the widow of Charles Edward Wry, who became a member of the defendant Modern Woodmen of America, a fraternal beneficial society, and this society issued to decedent a certificate of insurance for three thousand dollars on December 7, 1906, in which the plaintiff was beneficiary. This... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434258/ | Ann Callan, deceased, a widow, 68 years old, was, sometime prior to her death, the owner of about 558 acres of land in Iowa County and certain lots in the town of Parnell. She was in debt to the amount of about $10,000. The lots, it 1. DESCENT AND seems to be conceded, were of the value of about DISTRI- $3,600. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434264/ | On October 17, 1928, in an action then pending in the Polk County district court, a divorce was granted the defendant-appellant, Pearl Nicolls, freeing her from the bonds of matrimony then existing between her and the 1. DIVORCE: plaintiff-appellee, Arthur W. Nicolls. These alimony: parties have no children as... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434265/ | The plaintiffs purport to have disaffirmed two contracts entered into on November 27 and November 29, 1917, respectively. It appears from the testimony of the plaintiffs that, shortly prior to November 27th, they entered into a mutual oral agreement, as between themselves, whereby they purported to go into business as ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247169/ | SYLVIA H. RAMBO, United States District Judge
Plaintiff Walter Rodriguez, a federal inmate formerly incarcerated at the minimum-security *624Federal Prison Camp at the United States Penitentiary in Lewisburg, Pennsylvania ("USP-Lewisburg"), initiated this action against several Bureau of Prisons ("BOP") officials1 with... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3434266/ | E.W. Clark, appellee herein, was elected to the state Senate at the election held in the fall of 1928, for a four-year term to begin in 1929. He duly qualified for the office. He served during the sessions of the Forty-third and Forty-fourth *Page 72
General Assemblies. The term for which he was elected expired early ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434267/ | I. On May 13, 1924, Frances L. Mount deposited $2,000 in the Citizens State Bank of Eagle Grove, Iowa, for which a certificate of deposit, known in the record and hereafter referred to as No. 41072, payable to her order, was issued to her. On the same day, another certificate, designated as No. 41071, in renewal of a p... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434269/ | The present controversy grows out of an appointment made on June 11, 1945, by Charles F. Triplett, Superintendent of Public Safety of Des Moines, Iowa, wherein he promoted John W. Rider, sometimes known as John Rider, from the position of patrolman to that of sergeant in said department.
This appointment was and is cha... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434270/ | The American Bonding Casualty Company *Page 990
was incorporated in this state on June 2, 1916, to transact business under Chapter 4, Title IX, of the Code of 1897, relating to insurance other than life. The authorized 1. TRUSTS: capital stock at the time of incorporation was creation: $500,000. On January 2... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434273/ | The answer consists in an admission of the indebtedness sued for and a cross petition. The cross petition is in four counts. The first alleges that defendant and Dunnegan owned a building jointly, the rentals from which were kept in the First National Bank of Shenandoah, "in an account entitled Delmonico Hotel, account... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434275/ | On November 17, 1933, plaintiff county instituted this action against Robert Gardner and R.J. Koehler, his guardian, to recover the sum of $6,424.96, balance claimed to be due for the care of said Robert Gardner, an incompetent, at the State Hospital for Insane, from August 28, 1889, to June 30, 1933. Defendants answer... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434283/ | I. Appellee operates a line of railway which extends in a general easterly and westerly direction through the town of Drakesville in Davis County, and eastward therefrom. The right of way of appellee is crossed at practically right 1. RAILROADS: angles by a highway extending north and south at accidents at a point a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434287/ | [1] Plaintiff sued in municipal court alleging that he was entitled to the possession of certain premises under a lease signed by the defendant Cora Baker wherein she leased the premises to plaintiff for one year commencing September 1, 1943. The plaintiff alleged that he had not abandoned or forfeited the lease but th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211472/ | IMPORTANT NOTICE
NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED."
PURSUANT TO THE RULES OF CIVIL PROCEDURE
PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C),
THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE
CITED OR USED AS BINDING PRECEDENT IN ANY OTHER
CASE IN ANY COURT OF THIS S... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4035461/ | Order entered September 19, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00256-CR
JERRY MITCHELL MORRIS, Appellant
... | 01-03-2023 | 09-21-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434276/ | Plaintiff, the administrator with the will annexed of the estate of David K. Sarbaugh, brought an action in equity to foreclose a note and mortgage held by decedent's estate. In anticipation of a plea of the statute of limitations, the plaintiff's petition and amended and substituted petition set forth the fact that du... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434277/ | [1] The plaintiff in her petition specifies twenty-one grounds of negligence against the defendant. At the close of plaintiff's testimony, the defendant filed a motion to strike from the petition of the plaintiff certain specifications of negligence which will be later, partially, at least, set out. This kind of motion... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434279/ | The record in this case is a revelation of one of the most daring holdups ever perpetrated within the confines of our state. About 9:30 A.M. on the 15th day of December, 1926, two bandits, well armed, entered the front door of the Modale Savings Bank. There were at that time behind the counter in the bank the cashier a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434280/ | J. Elwood Butz commenced this proceeding under the Workmen's Compensation Act (Code 1931, Section 1361 et seq., as amended), against the Hahn Paint Varnish Company, C.A. Hahn, sole owner, C.A. Hahn, and Builders Manufacturers Mutual Casualty Company of Chicago, to recover for an alleged partial loss of vision. The de... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3434281/ | I. This is the second time this action has been before this court. Ballinger v. Democrat Co., 203 Iowa 1095. The action was brought to recover damages for the publication of an article in a paper belonging to the appellant, wherein 1. LIBEL AND reference was made to a divorce proceeding, and SLANDER: in which i... | 01-03-2023 | 07-05-2016 |
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