url
stringlengths
56
59
text
stringlengths
0
4.8M
downloaded_timestamp
stringclasses
1 value
created_timestamp
stringlengths
10
10
https://www.courtlistener.com/api/rest/v3/opinions/3434741/
Originally, this was an action begun by a petition in equity filed by L.A. Andrew, Superintendent of Banking of the state of Iowa, against the State Bank of Swea City, alleging, among other things, the insolvency of the bank, and asking that the said Superintendent should be appointed receiver. This petition was filed ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434742/
Defendant's attack upon the judgments in these two cases was made by the same motion, and his briefs and arguments in said cases in this court are identical. We will, therefore, dispose of the same in one opinion. The first of said cases was known in the district court as Cause No. 6114, and the second as No. 6167, and...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434744/
Margaret Lane is the administratrix of Leonard Lane's estate. As such administratrix she is the plaintiff-appellee in this case. Leonard Lane was killed when the car driven by him collided with an automobile operated by the defendant-appellant James Varlamos. The collision occurred at the top of a hill. These motor veh...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434756/
I. This is an action in certiorari, commenced in the district court of Polk County, to test the legality of a resolution of the city council of the city of Des Moines, reducing the number of firemen employed in said city from 202 to 180, and also to test the legality of the acts of the superintendent of public safety, ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434757/
Milton E. Town died intestate, in the month of October, 1923, seized in fee simple of the SE 1/4 of the NW 1/4, the NE 1/4 of the SW 1/4, and the W 1/2 of the NW 1/4 of the SE 1/4 of Section 26, Township 78, Range 22, Polk County. He left surviving him Marietta J. Town, his widow, the appellant, and James and William T...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434758/
[1] I. The petition alleges that the defendant Barry "did negligently, carelessly, heedlessly and recklessly manage, control, drive, direct and operate a certain Maxwell Sedan in such negligent, careless, heedless and reckless manner as to cause the said sedan so driven by him to collide with the automobile then being ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434759/
With due respect to the majority, I feel compelled to dissent. It seems to me that the ground for reversal named in the majority opinion is not well-founded. There is precedent for the majority opinion, of course, but my thought is that the precedents do not announce correct law and therefore, so far as inconsistent wi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434761/
[1] Plaintiff's petition asserts that her decedent was operating a Model-A Ford coach in a southerly direction on the west half of the paved portion of Highway U.S. 169 about five miles north of Algona, on a curve approaching the crest of a hill, when same was struck by defendant's truck which was proceeding north on s...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434958/
During oral argument, concession was made that the case may be determined upon the theory that facts exist authorizing preferences, providing the claimants' property could *Page 1066 1. TRUSTS: be traced into the hands of the receiver. enforcement: Appellant, as receiver of the State Bank of New cash funds: Ham...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435058/
E.P. Cartwright and Della A. Cartwright, defendants above-named, on February 17, 1920, owned 120 acres of land in Warren County. On that date they executed to the plaintiff-appellant, Sarah E. Peilecke, a note for $19,000 bearing five per cent interest. To secure that note, the Cartwrights also executed to the appellan...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4047465/
MANDATE THE STATE OF TEXAS TO THE COUNTY COURT AT LAW NO. 6 OF BEXAR COUNTY, GREETINGS: Before our Court of Appeals for the Fourth District of Texas on September 16, 2015, the cause upon appeal to revise or reverse your judgment between Vanessa Rivera Mireles, Appellant(s) V. The State of Texas, Appellee(s) No. 0...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/1807196/
329 B.R. 815 (2005) In re Elaine M. PAYNE, Debtor. No. 04-16923. United States Bankruptcy Court, N.D. Ohio, Eastern Division. August 29, 2005. *816 Kevin M. Ryan, Esq., North Ridgeville, OH, for Debtor. Scott D. Fink, Esq., Weltman, Weinberg & Reis Co., L.P.A., Cleveland, OH, for Aurora Loan Services. MEMORANDUM OF OP...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3434775/
On October 22, 1937, the plaintiff, an automobile repairman, 50 years old, brought this action against the defendant, a dentist of long experience in his specialty of extracting teeth — an exodontist — by filing his petition alleging: "That on or about the 3rd day of July, 1936, the plaintiff went to the office of the ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434824/
This case is an echo of the work of certain gangsters in the peaceful city of Fort Dodge, Iowa. Three persons, to wit, the defendant, Frank Bittner, his accomplice, Casey Navin, and the deceased, George McIntire, were professional 1. INDICTMENT gamblers and bootleggers. A fourth party, known AND as Red Wats...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434825/
This appeal presents for decision a question of law, to wit: Is a civil township, under the Workmen's 1. MASTER AND Compensation Law of Iowa, liable to its duly SERVANT: appointed road superintendent for "personal Workmen's injuries sustained, arising out of and in the Compensation course of the employment?" ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434831/
On January 30, 1922, the appellant issued its policy of insurance upon the life of Dr. James Calvin Corsaut. The insured died on the 31st day of December, 1923. The appellee is the wife of said decedent, and is the beneficiary named in said policy of insurance. The premium on said insurance policy was due on the 19th d...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434832/
This suit has its source in chapter 431.1, 1939 Code, entitled Distribution of Trademarked Articles. The sections in the chapter material to this case are 9884.1 and 9884.3 which read: "9884.1. Contracts as to selling price. No contract relating to the sale or resale of a commodity which bears, or the label or content ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434833/
Mrs. Helen Moore, surviving spouse of Henry G. Moore, deceased, died intestate on March 15, 1934, leaving at the time of her death as her sole surviving children the defendants, Mae Leget, Maude Boyce, Florence Klinger, and Margaret Renshaw. The plaintiffs Edith Moore Robertson and Irene Moore Hall are the only childre...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434834/
The defendants were arrested in Wapello county on September 12, 1931. They were strangers, who had come into the city of Ottumwa and were engaged upon the golf grounds in a game of golf at the time of their arrest. They had stopped in Ottumwa briefly the day before, and had gone from there to Boone and from Boone to De...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434848/
This is an action brought in September, 1934, by Alma Mastain, daughter of John Yung, and Jesse O. Kober, administrator of the estate of John Yung, to cancel certain conveyances of real estate and personal property from John Yung to defendants in December, 1928, on the grounds of mental incompetency and undue influence...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434849/
On May 4, 1944, pursuant to section 127.10, Code, 1946 (section 2009, Code, 1939), one McClelland filed with the Polk county district court an information under oath stating that a certain Ford automobile was on April 29, 1944, in said county employed in the transportation of liquor in violation of law and because of s...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434851/
DISSENT: Richards, C.J. Under date of February 27, 1906, P.F. Glenn and his wife Malinda Jane Glenn, then the owners of the property involved in this action, executed and delivered a warranty deed conveying said property to their ten children, Willametta Ann Gross, Nellie E. Evans, Rosetta Gross, William Franklin Glenn...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434750/
[1] A preliminary matter demands our attention. We have on various occasions criticized, but condoned, violations of rule 340 of our Rules of Civil Procedure. See, e.g., Phillips v. Smith, 240 Iowa 863, 38 N.W.2d 87; Walker v. Walker, 239 Iowa 1055, 33 N.W.2d 413; Lutz v. Cunningham, 240 Iowa 1037,38 N.W.2d 638; Pfeff...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4059833/
ACCEPTED 14-15-00153-CV FOURTEENTH COURT OF APPEALS ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247173/
Rufe, District Judge. Plaintiff Peter Bistrian brings this action against prison officials of the Federal Detention Center ("FDC") in Philadelphia and the United States of America, alleging violations of his First, Fifth, and Eighth Amendment rights, as well as violations of the Federal Tort Claims Act ("FTCA"). Plaint...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/4059873/
“76* Vn\ » 1 0 C@/`…`(Jwr\ CMQ\,V , @PPPQ\ 10~5_30\5 / Q§S\ lOk‘c/<>§AA /§\»m dng _ 5'©,§@3~@¥ §§ . d M‘ @‘p\\/\\§ wg\ NQ) W‘°‘ E~ mm»\\m Hw;/ ,f}“ jfi§$ '1@105 ' w\€>»;w §§ '2~
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/4078866/
Motion Granted; Motion Denied; Appeal Dismissed and Memorandum Opinion filed September 29, 2016. In The Fourteenth Court of Appeals NO. 14-16-00668-CV IN THE INTEREST OF J.J.R.P., A CHILD ...
01-03-2023
10-03-2016
https://www.courtlistener.com/api/rest/v3/opinions/4036027/
In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-16-00322-CV _________________ IN RE ENVIRONMENTAL PROCESSING SYSTEMS, L.C. AND CLARK ...
01-03-2023
09-22-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435037/
The plaintiffs, taxpayers and residents of the Incorporated Town of Pocahontas, Iowa, commenced the instant action against the said Town of Pocahontas and the members of the town council asserting that a certain telephone franchise voted favorably at a special election February 21, 1929, to the Northwestern Bell Teleph...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435063/
On March 10, 1924, an election was held in *Page 358 appellee school district for the purpose of determining whether certain bonds should be issued for the purpose of constructing and equipping a school building. A canvass of the votes at the election showed that there was a majority of 99 in favor of the issuance of ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435023/
On Sunday, June 28, 1931, Richard Cabrnosh in company with an older brother, visited the public dump of the city of Cedar Rapids. In walking over the refuse matter there dumped, he received burns to his feet and legs, and thereby sustained very serious injuries. It was alleged in the petition that the child came in con...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435027/
The note in suit, in which the plaintiff is the payee, bears date of July 18, 1921, and purports to be signed by both defendants. The defendants filed separate answers. The defendant Baker pleads forgery. The defendant Johnson admits the execution by him of said negotiable instrument, and pleads material alteration. He...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435029/
Early in 1935, certain building contractors, subcontractors and craftsmen of Marshalltown, Iowa, formed among themselves an unincorporated association known as Marshalltown Construction League. Several months later this voluntary organization was changed into a corporation not for pecuniary profit and to effectuate sai...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434945/
For the sake of brevity and convenience the Hancock County Rural Electric Cooperative will be spoken of as the Cooperative and the other corporate defendants as the Farmers Company. The record before us is long and the arguments extensive. The parties discuss many questions and cite many authorities which we find it un...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434946/
[1] On November 8, 1932, the town council of Villisca, after meeting preliminary requirements, submitted to the electors of that town the following public measure: "Shall the City of Villisca, Iowa, establish, erect, maintain and operate an electric light and power plant, with all the necessary poles, wires, machinery,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434952/
We disregard the fact that two mortgagees joined as plaintiffs with the owner. The trial court held as a matter of law that the policy did not cover the hydrogenerator which had been damaged by fire, set aside the jury's verdict for plaintiff and entered judgment for defendant as though it had sustained defendant's mot...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434956/
The indictment charges the appellant and two others, Mima Wertz and Beryl Leeper, with murder in the *Page 434 first degree, committed by shooting Roy Wertz with a pistol. The 1. CRIMINAL defendant Mima Wertz was the wife of the LAW: deceased, and the defendant Beryl Leeper is the acces- daughter of...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3434957/
H.D. Tipton, the prosecuting witness, lived twelve miles southeast of Sigourney on the east side of a north-and-south highway. His farm buildings were about a block north of the south branch of the Skunk River, which flows easterly across the highway and across, or along the southerly border of, the Tipton farm. As one...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247174/
Paul W. Grimm, United States District Judge Plaintiff Leslie R. Vetter is a pilot for American Airlines, Inc. ("the Airline"). The Airline sponsored an employee benefit plan, Defendant American Airlines, Inc. Pilot Long-Term Disability Plan (the "Plan), administered by the Pension Benefits Administrative Committee (the...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/7247175/
TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE This matter is before the Court on defendant's motion to dismiss plaintiff's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [DE 11]. The matter has been fully briefed and is ripe for ruling. For the reasons discussed below, the motion to dismiss ...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/3211550/
UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD BENNIE MANN, DOCKET NUMBER Appellant, SF-0752-15-0529-I-1 v. DEPARTMENT OF VETERANS DATE: June 9, 2016 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435059/
No question is raised as to pleadings and the case was tried on a stipulation of facts whereby it is shown that the lots in question, being the Montrose Hotel property in Cedar Rapids, Iowa, were in 1931 assessed for taxation by the proper officials at $304,700 on which valuation taxes were duly levied for the years 19...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435060/
Appellant and Abbie Sayre were husband and wife, and lived together in Greene County before moving to Des Moines. Afterwards, Mrs. Sayre went back to Greene County, where she secured a divorce from appellant in 1922, and in that proceeding was awarded the custody of the minor children, hereafter named. Subsequent to th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435061/
A.B. Murphy commenced an action against W.E. Smith, treasurer of Johnson county, Iowa, praying that the said county treasurer be restrained from selling at tax sale certain real estate described in plaintiff's petition and located in Johnson County, for the reason that delinquent taxes standing against the premises, bo...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435062/
In 1922, Louise McCormick and her brother, Arthur Wagner, purchased 80 acres in Louisa county, Iowa. On December 6, 1926, the land was sold for taxes. On December 25, 1926, the tax sale certificate was, at the direction of Louise McCormick, assigned to her mother, Ella Anderson. On May 31, 1930, Mrs. Anderson acquired ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4042794/
-------------------------------------------------------------------------------- TENTH COURT OF APPEALS Chief Justice Tom Gray Justice Rex D. Davis Al Scoggins McLennan County Courthouse 501 Washington Avenue, Room 415 ...
01-03-2023
09-28-2016
https://www.courtlistener.com/api/rest/v3/opinions/4042798/
11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT Garry Lon Brownlee, * From the 220th District Court of Comanche County, Trial C...
01-03-2023
09-28-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435140/
In a suit entitled Central Shoe Co. v. Rashid (203 Iowa 1103), brought several years ago, certain parties holding judgments against the said Jacob Rashid sought, in equity, to set aside, on the grounds of fraud, a deed executed and delivered by Rashid and wife to W.A. Scherfe, as trustee, which deed conveyed real estat...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435020/
This proceeding was determined entirely upon a stipulation of facts filed by the parties May 24, 1926, as follows: "Come now the above-named intervener and the above-named plaintiff as receiver of the defendant bank and stipulate that the following facts are and shall be considered as evidence and proven facts in the t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435022/
This is an action for the foreclosure of a mortgage in which the Decorah State Bank is plaintiff and appellee, and William P. Sexton and Mary B. Sexton are defendants and appellants. The mortgage was given on 240 acres of land in Winneshiek county to secure the payment of several notes aggregating $14,800, all given at...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435030/
Appellant and Neven Long, Sr., were brothers. During the lifetime of the latter the former advanced moneys, which advances were the subject of consideration in the trial below. Neven long, Sr., was injured in May 1935, while engaged in employment which brought him within the provisions of the workmen's compensation law...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4261137/
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT MICHAEL WALLACH, Appellant, v. STATE OF FLORIDA, Appellee. ...
01-03-2023
04-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/3435051/
On October 1, 1925, Tyrholm Company, of Waseca, Minnesota, sold the automobile in question to the Creditors Protective Bureau of Minneapolis. The said Creditors Protective Bureau of Minneapolis was a trade name for an individual by the name of Lesselyoung. The car was delivered to the purchaser, and a written contract...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435053/
An action for separate maintenance must be supported with that quantum of evidence which warrants a decree of divorce. Shors v.Shors, 133 Iowa 24; Shipley v. Shipley, 187 Iowa 1295. The instant plaintiff alleges cruel and inhuman treatment. Since this appeal presents fact questions only, prior decisions are of little v...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3445642/
Affirming. J.R. Magowan as administrator of Emma G. Magowan sued H.C. Ledford to recover certain articles of furniture. He was successful, and Ledford appeals. Mrs. Magowan died intestate on October 4, 1925, and 15 days thereafter J.R. Magowan qualified as administrator of her estate. She owed about $650, and the only ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4261086/
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT FREDDIE SOLOMON, ...
01-03-2023
04-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/4261083/
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOSHUA ADAMS, ...
01-03-2023
04-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/4067657/
CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK 01-14-1019-CR FILED IN August 31, 2015 ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211618/
Case: 15-41117 Document: 00513540868 Page: 1 Date Filed: 06/09/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435301/
1. Corporations: POWERS: PLEADING. Where in an action by a foreign corporation the corporate capacity of the plaintiff is alleged generally in the petition, as authorized by section 2716 of the Code, and the facts relied on by the defendant in denial of *Page 436 such capacity are not specifically stated in the answ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435138/
The action in the district court was one for personal *Page 187 injury against the defendant city, for damages resulting to the plaintiff through negligent maintenance of its sidewalks by the defendant. From a judgment for the city, plaintiff purported to appeal pursuant to the statute. The appellee challenges the suf...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247177/
PATRICK MICHAEL DUFFY, United States District Judge *764This matter is before the Court on Defendant's motion to dismiss (ECF No. 30) and Plaintiff's motion for conditional certification (ECF No. 33). For the reasons set forth herein, Defendant's motion to dismiss is denied and Plaintiff's motion for conditional certif...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/3435209/
DISSENT: Mitchell and Sager, JJ. The defendant was charged in a county attorney's information with the crime of illegal possession of intoxicating liquor, and was further charged with two previous convictions of the intoxicating liquor laws of Iowa. The defendant entered a plea of not guilty and upon trial the jury ret...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435231/
Defendant, Frank Thompson, was convicted in the Des Moines Municipal Court of the charge of cruelty to animals, in violation of section 717.3, Code of 1946. From a judgment in accordance therewith, he has appealed. Appellant's counsel apparently has entirely disregarded Rule 344 (a)(4), Rules of Civil Procedure, in the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435232/
I respectfully dissent. As the majority indicates, defendant's opening brief contains no statement of errors relied on for reversal as required by Rule 344, Rules of Civil Procedure, made applicable to this appeal by section 793.17, Code, 1946. We would be justified in holding defendant has presented nothing for our co...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435233/
On February 11, 1924, the defendant issued a $5,000 policy to William C. Bender. The insured paid all the premiums up to August, 1929, and in default of the premium due at that time, the insured was notified that the policy was lapsed and that it was placed on an extended insurance basis, and that the double indemnity ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4058757/
TDQJ Offendcr Details - Page 1 of 2 ' §55 20 '©l -TExAs_-‘DEPARTMEMQF-CR\miNAi.__/Jusncli. m_ Offender lnformation Details S|D Number: 03959551 TDCJ Number: l 01939265 Name: SNEED,ROBERT Race:` ' B 'Gender: l\ll DOB: 1970-04-17 Maximum Sentence Date: 2018-05-21 current F'acility: DARR\NGTON Projected Re|ease D...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435206/
The bank above named went into the hands of the receiver on May 24, 1932. On the same date an order was entered fixing the status of the great body of depositors as follows: "It is ordered, adjudged and decreed by the court that all claim against said bank arising out of deposits and all checking account and all saving...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435210/
I find myself unable to agree with the majority wherein they affirm the holding of this court in the case of State v. Tonn, and respectfully dissent. *Page 185 At the time that the opinion in State v. Tonn was handed down, a very able and elaborate dissenting opinion was filed by Mr. Justice Weaver. It might be better...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435211/
Appellee's petition is the ordinary form in a suit on a promissory note. Appellants filed answer and counterclaim in three divisions. The first two divisions are each a general denial, which is eventually disposed of by a pleading in which appellants admitted the due execution of the note. The third division is an alle...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435214/
The appellant is the executrix and trustee under the will of John J. Watson, deceased. The terms of said will provide: "All the rest, residue and remainder of the estate, real and personal, which I shall own or possess at the time of my death I give, devise and bequeath unto my beloved wife, Josephine C.R. Watson, in t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3445637/
Affirming. On June 2, 1926, the board of trustees of the Bardstown graded school district for white pupils, by an order duly entered and spread upon its records, called an election to be held within the district on June 19, thereafter, for the purpose of obtaining the sense of the taxpayers as to whether the board shou...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435331/
We glean from a somewhat lengthy petition a brief statement of the salient facts. The plaintiffs are the surviving children of one Willem Oldenkamp, deceased, and are beneficiaries of his will. The will of Oldenkamp was probated in 1918. It awarded to his widow, Tryntje Oldenkamp, a life use of all his property both re...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435332/
Florence Harwood and Adam Dolmage were married on the 20th of September, 1923. At that time, Florence was 47 years of age, and Adam was 68. They had been acquainted since the previous January. On the 27th or 28th of December, 1923, Adam killed his wife, and killed himself shortly thereafter. Appellant's claim is predic...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435334/
The plaintiff was married on the 24th day of October 1939, to Harold Wallrich, who is the son of the defendant, Mrs. Frances Wallrich. The defendant is a widow and the mother of two sons and four daughters. The plaintiff is the daughter of a farmer living in the vicinity of Ashton, Iowa, and not far from the Wallrich f...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435335/
The defendant, a married man, 53 years of age, was charged with the murder of his wife on the 3d day of October, 1934. On the 18th day of October, 1934, the defendant, after having been duly arraigned and being present in court and represented by counsel, entered a plea of guilty as charged. Thereupon, the court, in co...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435338/
It appears that, some time in the month of June, the car in question suffered an injury from a collision with another vehicle. The details of the accident are not disclosed in the record further than that the defendant had no connection with it. Upon learning of the accident, the plaintiff took possession of the car wi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211627/
Cite as 2016 Ark. 245 SUPREME COURT OF ARKANSAS No. CR-15-825 ROBERT FRIAR Opinion Delivered: June 9, 2016 APPELLANT V. APPEA...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211633/
Filed 6/9/16 P. v. Chan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certi...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211634/
Filed 6/9/16 P. v. Bakos CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been cert...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/4035538/
[Cite as In re A.T., 2016-Ohio-5907.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) IN RE: A.T. C.A. No. 28220 B.T. ...
01-03-2023
09-21-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435339/
Crane Company, appellee, is a corporation organized under the laws of the state of Illinois, with its principal place of business and home office in the city of Chicago. It has complied with the laws of Iowa in relation to foreign corporations transacting business within the state. It had, for some time prior to the co...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435340/
This accident occurred about 10:00 o'clock on the morning of August 26, 1937, where primary highway No. 60, a north-and-south road, crosses the main and switch tracks of appellee's interurban railway at approximately right angles about five miles south of Albia. The switch track is south of the main track. Decedent was...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435341/
I. This is an action in equity, to subject certain real property which it is alleged is owned by the defendant Alfred C. Evans, and described in a deed executed by him to his codefendant on November 12, 1921, purporting to convey the 1. PLEADING: same to appellant, to the payment of a judgment cross- in favor...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435342/
Plaintiff employed defendant as salesman, under contract dated April 23, 1924, to continue until January 1, 1925, unless canceled by either party upon five days' notice. By the contract the defendant agreed not to engage in similar business for the period of one year after the termination of the contract, without plain...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435343/
This is a special proceeding brought by the attorney general at the request of the board of control under the provisions of section 3592 of the Code, 1939, to determine the legal settlement of an insane patient at the Cherokee Hospital. The petition asserts that such legal settlement is in Woodbury County and that a di...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435450/
On June 25, 1940, Sylven Berg became a permanent guest in a hotel operated by the defendants in the town of Jewell. He both roomed and boarded at the hotel. While he was such a guest, and on December 23, 1940, he married, and he and his wife continued to board and room at the hotel. A few weeks prior to his marriage, B...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435456/
Some years ago, there was an elevator catastrophe in the Hotel Randolph, at Des Moines, in which many persons were injured. Among them was the appellant Lois Hoskins, who brought an action, as plaintiff, in the district court of Polk County, against the Hotel Randolph Company, as defendant, to recover for her injuries....
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435458/
[1] This is an appeal from a judgment rendered in an action to determine the paternity of a child born out of wedlock and involves, among other things, a determination as to the constitutionality of ch. 544-A1 of the 1935 Code of Iowa. The chapter in question is not found under Title 35 of the Code *Page 816 relating ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435460/
The appellant and Cecil Mickle were jointly indicted for the murder of Thomas P. Griffin. They were separately tried. Mickle's conviction was affirmed by this court. State v. Mickle, 199 Iowa 704. While the evidence in the two cases was not in all respects identical, there was evidence in the instant case tending to sh...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435347/
The facts are not in dispute. The Federal Reserve Bank of Chicago sent by mail, direct to the Citizens' State Bank of Arthur, checks drawn by various parties on the latter bank. The checks were sent in two lots, and with each was a communication called a cash letter, which read: "We enclose herewith for collection and ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435356/
[1] It appears without conflict in the evidence that on the evening of September 16, 1931, the appellant David Hinkley invited Joseph Hall and Eugene Hart to accompany him in his father's automobile, an eight-cylinder Dodge sedan, from Eagle Grove to Fort Dodge. The course pursued was due west four miles and then south...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435357/
Appellant's assignments of error are based upon erroneous instructions and the failure to properly instruct the jury. The appellee contends that if it be conceded the trial court so erred, it was error without prejudice, since its motion to direct a verdict because the appellant had failed to establish either negligenc...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435358/
There is no substantial dispute in the record as to the material facts bearing on the question of contributory negligence. I am compelled to dissent from the conclusion of the majority on that question. I think there should have been a directed verdict for defendant and that all discussion of the alleged errors urged b...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435359/
The initial step in the proceedings to revoke the license of appellant to practice medicine was a resolution adopted by the Wright County Medical Society on June 26, 1924. This resolution was later filed in the office of the secretary of the board of medical examiners, and, on the first day of August, notice of the cha...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435362/
Many years ago certain tracts of land were platted as additions to the city of Sioux City. In a general way, these additions lie in the eastern or southeastern portion of the city. The land is rolling and is sparsely settled. The platted streets were not generally opened for travel for many *Page 1199 [EDITORS' NOTE: ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435711/
In 1920, the defendants, Lena A. Breniman and husband, Dr. E.M. Breniman, purchased of a Mr. Reed, residing in Cedar Falls, Iowa, a 368-acre farm located in Franklin County, Iowa, paying therefor $44,600. The farm is divided by a highway running east and west, 188 acres lying on the south side and 180 acres on the nort...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435712/
Plaintiff's petition demands judgment for $2,999.99, upon a policy of accident insurance which provided *Page 911 for payment of $3,750 in the event of accidental death sustained "while the Insured is operating, driving, riding in, demonstrating, adjusting, repairing or cranking a private passenger automobile of the p...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435715/
I. Appellant Beechen is the owner of the building in controversy, which is located at 209 West Fourth Street, in the city of Des Moines. The particular premises involved in this litigation are the upstairs portion of the 1. INTOXICATING building, which is an apartment used for living LIQUORS: rooms. The lower port...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247178/
JUDGE SHELLY D. DICK, UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA Before the Court is a Motion for Summary Judgment filed on behalf of the Defendant, the Baton Rouge City Constable's Office.1 Plaintiff, Deborah Morris, has filed an Opposition to which the Defendant has filed a Reply.2 The Court's jurisdi...
01-03-2023
07-25-2022