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https://www.courtlistener.com/api/rest/v3/opinions/4035555/
In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00269-CR NO. 09-16-00270-CR ________________ ...
01-03-2023
09-21-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435461/
It may be noted that the trial court sustained the defendant's motion for a directed verdict upon several grounds (13 in number) among which were, inter alia: (1) That recklessness within the meaning of Section 5026-b1 was not shown. (2) That no recklessness within the meaning of the statute herein cited was shown by t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435462/
George Humphrey died testate November 26, 1929. His wife preceded him in death, but he was survived by the following children, heirs at law, and beneficiaries: Anna Humphrey Shaw, Georgianna Humphrey Lahr, and Louis Humphrey, plaintiffs-appellants, Rozella Norwood, defendant-appellee, *Page 913 and Lizzie Goodell. Roz...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435360/
Ed. Robinson was accidentally killed in a clay pit on March 11, 1924. He left surviving him his widow, plaintiff herein, and two stepchildren, nine and twelve years old, respectively, and these are represented in this litigation by their trustee, Leo Chapman. No question is raised as to the relation *Page 903 of emplo...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435363/
On May 29, 1919, one John P. De Cook entered into a real estate contract to sell one J.E. Reid 120 acres of farm land in Polk county, Iowa. Reid assigned the contract to the Iowa Farm Investment Company, which later assigned it to the defendants A.H. Howell and Ada E. Howell. On February 28, 1920, De Cook conveyed the ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435364/
[1] The proceedings in this estate have been reviewed by this court on two former appeals. In re Estate of Cocklin, 230 Iowa 415,297 N.W. 864; In re Estate of Cocklin, 232 Iowa 266,5 N.W.2d 577. On the first appeal, it appeared *Page 100 that decedent had executed three wills, one in September 1939, one in December 19...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435365/
Upon one branch of this case I am not able to concur in the majority opinion. The question whether a provision in a will forbidding any contest thereof under penalty of forfeiture of all legacies therein should be given unqualified effect, is one upon which there is a diversity of opinion in the courts. The cases on th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435366/
Division II of the majority opinion overrules Moran v. Moran,144 Iowa 451, 123 N.W. 202, 30 L.R.A., N.S., 898. As to this part of the opinion I am compelled to disagree and therefore dissent from the majority opinion. The decision announced in the Moran case has been the established rule in this state since 1909 and sh...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4035578/
Cite as 2016 Ark. App. 423 ARKANSAS COURT OF APPEALS DIVISION IV No. CV-15-588 Opinion Delivered September 21, 2016 ALISON ASHLEY PECK, as a APPEAL...
01-03-2023
09-21-2016
https://www.courtlistener.com/api/rest/v3/opinions/3441089/
Affirming. Buck Divine was indicted by the grand jury of Muhlenberg county for the crime of breaking and entering a storehouse, and on his trial he was convicted and sentenced to a term of three years in the penitentiary. He was charged with breaking and entering the storeroom of the Central City Lumber Manufacturing ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4078874/
Order filed, September 29, 2016. In The Fourteenth Court of Appeals ____________ NO. 14-16-00374-CV ____________ MISHA FERGUSON ET AL, ...
01-03-2023
10-03-2016
https://www.courtlistener.com/api/rest/v3/opinions/1785947/
52 So. 2d 218 (1951) LOW v. LOW. 1 Div. 413. Supreme Court of Alabama. April 19, 1951. Rehearing Denied May 10, 1951. *220 V. R. Jansen, of Mobile, for appellant. Chason & Stone, of Bay Minette, for appellee. FOSTER, Justice. The bill in this case was filed by one alleged to be in possession of land to remove an allege...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3435453/
I regret that I am unable to agree with my Associates in regard to the admissibility of the evidence as to the number of children and instruction No. eleven and one half on that subject. I shall set out the record more fully than has been done in the majority opinion. Plaintiff, Mrs. Nicoll, formerly Mrs. McNulty, was ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435464/
[1] Plaintiff's petition asserts that plaintiff is a practicing attorney and that defendant is a realtor; that on December 30, 1940, at the instance and request of defendant, plaintiff accompanied defendant, in an automobile owned and operated by defendant, for the purpose of driving from Des Moines to Sioux City to se...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435465/
The defendants resided in Pocahontas. Their evidence is that, on May 1, 1926, they drew the check in controversy for $776, on the Farmers Trust Savings Bank at Pocahontas, and obtained its certification. The same day, they inclosed it, 1. BILLS AND with letter, and a smaller check for $79.20, in NOTES: an en...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435466/
I. The plaintiff attached to his petition copies of his three promissory notes, as exhibits, and alleged concerning *Page 626 the same that he was induced to take "three notes therefor, copies of which said notes are hereto attached, 1. SALES: marked Exhibits A, B, and C, and made a part fraud: hereof; an...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435669/
A demurrer to an indictment having been sustained the State has appealed. In the indictment the grand jury accuse appellee of Keeping Liquor Where Beer Is Sold as defined in code sections (now Code of 1939) 1921.126 and 1921.132, and charge that appellee kept liquor for beverage purposes having an alcoholic content gre...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435671/
I. The record discloses some controversy between the parties as to the validity of the appointment of the guardian, who acts as plaintiff in this case. It is contended also by the defendants that Martin Schreck was not an incompetent, 1. DEEDS: within the meaning of the statute, and that he validity: was not ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435673/
On the 21st day of September, 1926, one Minnie B. Cormany, a widow (since deceased), sold and conveyed by warranty deed a certain Woodbury County, Iowa, tract of land, comprising 386.74 acres, to Irene Pope. The said deed contained the following covenants: "And I covenant with said Irene Pope that I hold said premises ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435675/
This is a second claim, arising out of the same facts, filed by the present claimant. On her first claim, claimant was given the status of a general creditor. Leach v. Burton Co. State Bank ofKellogg, 206 Iowa 675. As will be seen from that case, a depositor in the insolvent bank, Mendenhall, gave claimant a check on ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247179/
SUSIE MORGAN, UNITED STATES DISTRICT JUDGE *793Before the Court is Defendants Louisiana Department of Health and Hospitals ("DHH"), Darlene Warren Smith, and Devin George's (collectively "Defendants") Motion to Dismiss Plaintiff Deneen Montgomery-Smith's Second Supplemental and Amending Complaint.1 The motion is oppose...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/3435692/
Plaintiff operates a farm within the corporate limits of the city of Sioux City, Iowa, near which runs the line of defendant railway company. There is no dispute that two fires occurred on the 3d and 25th of March, 1925, respectively, which burned over part of the farm of plaintiff and caused some damage. The two domin...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435731/
The contention of the contestants requires the recital of certain events preceding the election in question. The Iowa City Light Power Company for a number of years distributed electricity in Iowa City under a franchise which expired in January 1934. On October 11, 1932, a special election was held in said city at whi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3212416/
DISMISS; and Opinion Filed June 9, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00760-CV HARTFORD ACCIDENT AND INDEMNITY CO., Appe...
01-03-2023
06-13-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436036/
The controversy is over the construction of Paragraph 7 of the will of Abraham Fletcher. This paragraph provided as follows: "Seventh. I will to William H. Fletcher, my son, and Frederickey, his wife, during their natural lifetime and then totheir children after their death [description]." This controversy is concentra...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4043992/
MANDATE The Fourteenth Court of Appeals NO. 14-13-00623-CV Yigal Bosch, Appellant Appealed from the 281st District Court of Harris County. (Trial Court No. v. 2012-13519). Memorandum Opini...
01-03-2023
09-28-2016
https://www.courtlistener.com/api/rest/v3/opinions/4043995/
FILE COPY Court of Appeals Twelfth Court of Appeals District at Tyler BILL OF COSTS Court of Appeals No. 12-14-00350-CV Trial Court No. 87-12099 Anthony Gozdowski Vs. T.D...
01-03-2023
09-28-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211699/
United States Court of Appeals For the First Circuit No. 15-1351 MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff, Appellee, v. VISIONAID, INC. f/k/a H.L. Boulton Co. Inc., Defendant, Appellant. ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/4261062/
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RICHARD DON CUTHBERTSON...
01-03-2023
04-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/4261150/
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Apr 04 2018, 10:09 am regarded as precedent or cited before any court except for the purpose of establishing ...
01-03-2023
04-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/1782852/
466 S.W.2d 272 (1971) Lloyd L. HAYS et ux., Appellants, v. Ottis WATSON et ux., Appellees. No. 5-5557. Supreme Court of Arkansas. May 3, 1971. *273 Niblock & Hipp, Fayetteville, for appellants. Charles W. Atkinson, Fayetteville, for appellees. JONES, Justice. This appeal originates from a suit in the Washington County ...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3435732/
The record in this case shows a persistent and determined effort on the part of the public utility company in Iowa City to defeat the efforts of the people to secure a municipally-owned electric light and power plant. The light and power company's franchise expired in January 1934. A special election was held on Octobe...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435829/
This is an action of right in which the plaintiffs ask for the possession of approximately 500 acres of land which was owned by John A. Crouse, who died intestate March 4th, 1927. The plaintiffs, eight in number, are the children and sole heirs of said deceased, and the defendant is his surviving widow. John A. Crouse ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435833/
Plaintiff's mortgage was executed in May, 1924, by C.P. Martin and wife, as mortgagors. In October, 1924, Martin conveyed to the Parnell Savings Bank, subject to the mortgage. Martin was the cashier of the Parnell Savings Bank at the time be took title and at the time he conveyed the same. It is contended that Martin h...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435834/
On August 27, 1929, the plaintiff caused to be served upon the defendant, by leaving copy of notice with his wife at his place of residence, a purported original notice of which the following is a copy: "Original Notice "To C.M. Oxley and John W. Patterson "You are hereby notified, That on or be...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435944/
This is a fraud case. It is the sordid story of the duplicity and depravity of a human male, and of the weakness and credulity of a foolish woman. Like most cases of fraud, the decisive questions are of fact and not of law. The decree of the able trial judge is amply sustained by the facts and the law. A somewhat detai...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435954/
[1] On May 24, 1944, plaintiff and his family lived on approximately one hundred acres of rented farm land located between the railroad tracks to the north and the Raccoon River to the south in the city of Des Moines. His residence address was 1304 Market Street. He had lived there about six years. For convenience we w...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435958/
While the truck owned by appellee's insured was temporarily stopped on the highway without lights or flares of any kind, the appellant's truck driver, while operating his heavily loaded truck upon the same highway, approached said parked truck from the rear at a speed of from 20 to 25 miles per hour, in a fog which cut...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435959/
Plaintiffs' petition in twenty-eight counts seeks damages resulting from a flood on May 23, 1944, to twenty-eight properties in defendant-city. At least most of the damaged properties are residences and contents thereof in an area adjacent to a diversion channel or race used by the city in the operation of its hydroele...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4302260/
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 09 2018, 9:17 am court except for the purpose of establishing CLERK ...
01-03-2023
08-09-2018
https://www.courtlistener.com/api/rest/v3/opinions/3211661/
UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD MOHAN NIRALA, DOCKET NUMBER Appellant, DC-1221-16-0230-W-1 v. DEPARTMENT OF DEFENSE, DATE: June 9, 2016 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/4100003/
Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. ...
01-03-2023
11-18-2016
https://www.courtlistener.com/api/rest/v3/opinions/4100016/
[Cite as State v. Reece, 2016-Ohio-7805.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY STATE OF OHIO : ...
01-03-2023
11-18-2016
https://www.courtlistener.com/api/rest/v3/opinions/4050460/
RE@EB BVEDE EN ,ZOW.QFPWMALAPPEALS 70 #h¢~ m@'méers af ¢hz? Cou,rPEB 1729/§§ /“l?° A/Arma',‘s ?r~mde£,\_ Hon:rm¢ new ‘75 `I MAVE L\J('o?€" ‘/ou, SFV(-FML Tz' moge§cosm’ mem /Za»GA/zci:~q mw £~¢ Lu»'-FE fnm.\cc.='s /CL>LLz?r ANx> fhwa r~\oT Mr>.o A P.L~ sp¢~cw lamm ~HH¢’ fowr"l`. ¥J?.(~\~Cé‘$ /~\MA l-l¢r' £~L L~(vL$bAN...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435827/
The plaintiff filed a petition in equity, alleging that the defendants, Henry J. Erbes and Hildred M. Erbes, had entered into an oral contract with him to purchase certain real estate located in the City of Waverly, Iowa; that the real estate was purchased in accordance with said oral contract and title taken in the na...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435830/
This is a proceeding in certiorari. The writ issued from this court. The question presented is within narrow compass. It is primarily a fact question. The battle ground of this controversy centers around the validity of a purported garnishment on the Waterloo Canning Company, petitioner herein. It may be said that the ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435836/
In her petition Nora B. Luke, the appellee, alleges that she sustained personal injuries by reason of defective streets in the appellant city. On the 8th day of April, 1925, she filed with the city clerk of the city of Keokuk her verified statement of claim, the material part of which, for the purpose of this appeal, i...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3435943/
The defendants Waddell are husband and wife. The mortgaged property was their homestead. The chronology of the case may be stated briefly. A mortgage loan of $6,200 was obtained by the defendants from the plaintiff-mortgagee in May, 1931. Its first installment of interest became due in November, 1931. No *Page 1368 pa...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4318318/
C-Track E-Filing The Supreme Court of Nevada Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
10-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/4050712/
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-77,157-01 & WR-77,157-02 EX PARTE DANIEL LEE LOPEZ, Applicant ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTIONS TO STAY THE EXECUTION IN CAUSE NO. 09-CR-787-B IN ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247180/
LANCE M. AFRICK, UNITED STATES DISTRICT JUDGE *815The concept of reasonableness plays a leading role in American law, from the "reasonable person" of tort law fame to the "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" enshrined in the F...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/7247181/
IVAN L.R. LEMELLE, SENIOR UNITED STATES DISTRICT JUDGE Before the Court is Defendant Gulf Logistics Operating, Inc.'s 12(b)(6) "Motion to Dismiss." Rec. Doc. 7. Also before the Court is the EEOC's "Memorandum in Opposition to Defendant's 12(b)(6) Motion to Dismiss" (Rec. Doc. 14) and Defendant's "Reply Memorandum in Su...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/3436096/
A companion to the instant case was before this court once before. Stewart v. Wild, 196 Iowa 678. The petition set out in the opinion in said case recites the facts substantially as alleged in the petition in the instant case. Appellant seeks to recover for damages by reason of the negligence of *Page 358 appellee in ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436097/
There is but one question presented in appellants' argument. It is: Did the cause which produced the death of James William Jones, the claimant's deceased husband, "arise out of his employment" with the Eppley Hotels Company, as contemplated by Section 1377 of the 1927 Code? The Martin Hotel, in Sioux City, is owned an...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436098/
On March 20, 1933, plaintiff signed a note and mortgage for five thousand dollars payable to defendants, and a note for three hundred dollars payable to defendant Lillian Iebsen, and also canceled and surrendered to defendants a four thousand dollar note which defendants had signed and given plaintiff for money borrowe...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4050714/
Affirmed and Memorandum Opinion filed August 27, 2015. In The Fourteenth Court of Appeals NO. 14-15-00314-CR NO. 14-15-00315-CR NO. 14-15-00316-CR ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436032/
It is the State's claim that defendant committed manslaughter in causing the death of one Strom by operating an automobile while intoxicated. About 1:30 a.m. on September 26, 1941, defendant was driving an automobile west on Fourth Street in Sioux City. The car struck Strom, a man about sixty years old, a pedestrian in...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436033/
This is an action in equity to construe the will of Christian V. Rock, who died October 26, 1936, a resident of Pottawattamie County, Iowa. He was survived by his widow, Caroline Rock, and four children — three daughters and one son, Alfred Rock. The will was executed June 16, 1936. It was probated and his widow, Carol...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436034/
Plaintiff is engaged in the business of guarding and protecting, for compensation, certain houses and properties located in Sioux City, Iowa, from burglary, trespass, and molestation in the nighttime. The business having increased to the extent that it was unable to adequately police its territory, the plaintiff, on Ja...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436035/
This action is for the foreclosure of a mortgage. The note and mortgage securing the same were executed by John W. Wagner and his wife, Emma Wagner, and Frank A. Wagner and his wife, Cora Wagner. The note bears date February 14, 1920, and according to its terms, became due March 1, 1925. The mortgage contains an accele...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436042/
Newbern is a small town in Marion County, Iowa. This action is brought by the appellant, to recover possession 1. RELIGIOUS of two lots in said town which are used as a SOCIETIES: parsonage property. The appellee Gardner is in property: possession of said property as a tenant. The right of other appellees ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4261108/
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANDRES RODRIGUEZ-AGUILAR, ) ...
01-03-2023
04-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/3436099/
The indictment in this case is in two counts. In the first count, appellant is charged with the crime of breaking and entering a building in the nighttime and in count 2 with the larceny of certain goods and property stored therein. Both counts of the indictment were submitted to the jury and a conviction had thereon. ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436100/
I. Appellant was tried and convicted in the court below of the crime of seduction, and appeals. The crime is alleged to have been committed on or about October 10, 1923. The parents of Virginia Neligh, prosecutrix, resided at Grand 1. SEDUCTION: Island, Nebraska; but a sister, Mrs. Iva elements: Swanson, resided ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436101/
This is a suit in equity brought by the Iowa-Nebraska Light and Power Company, together with two individual *Page 3 citizens and taxpayers, to enjoin the defendants, Incorporated Town of Woodbine, the town council, and Fairbanks-Morse Company, the successful bidder, from constructing an electric light and power distr...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436103/
The plaintiff-appellant, Claud M. Smith, an attorney at law, was employed by Cherokee county to assist the county attorney in the prosecution of certain criminal cases then pending in that county. Accordingly, the appellant rendered legal services in assisting the county attorney in the prosecution of those cases. *Pag...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436105/
* [Opinion, at time of filing, was ordered by the Court not to be published in the official reports. It is here published with the permission of the court.] This action involves a claim against the estate of Mary A. Atwood for a balance of $2,187.20 for services rendered decedent during her lifetime. The petition alleg...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436106/
The Washington Loan Trust Company, organized and incorporated under the laws of this state for the purpose of engaging in the business of issuing and selling mortgage bonds, debentures and other forms of obligations secured by real estate first mortgages and other securities, on or about October 5th, 1931, became inso...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436108/
This is a suit in equity wherein the plaintiffs, appellants, asked the trial court to clear their title to certain real estate of a cloud which it is asserted was cast thereon by reason of what is alleged to be a void tax sale, based on an alleged void assessment of such real estate, and injunctive relief is specifical...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436111/
This is a suit in equity involving exemption from taxation of certain shares of the capital stock of Central Fibre Products Co., Inc., a foreign corporation, held by individual stockholders, residents of Iowa. The corporation owned and operated a total of five strawboard mills in Kansas, Illinois, Indiana, and at Tama,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436114/
This is an action in equity, to enjoin the enforcement of a judgment entered in the municipal court of the city of Marshalltown, against appellant, as garnishee, at the suit of the Iowa Adjustment Company v. Fred Mace, and transcripted to the district court of Marshall County. The petition alleged that the judgment ent...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436115/
On December 10, 1918, C.O. White executed a deed conveying his real estate to his brother, George E. White. The deed was drawn and acknowledged by E.M. Hertert at the office of Hertert Hertert in Harlan, Iowa, and delivered to Mr. Hertert under the circumstances hereinafter set out. On December 11, 1918, C.O. White ma...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436117/
The plaintiff, a girl then eight years of age, while crossing southwardly along the east side of a street intersection, was struck by defendant's automobile, coming from the west along the south side of the intersection. Plaintiff's contention is that defendant failed to keep proper lookout, and did not have her car un...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436118/
Mary H. Peters was the owner of a tract of land lying between Forty-first and Forty-second Streets and Forest Avenue and University Avenue in the city of Des Moines. In 1912, she platted this tract of land into 48 lots. In the same year, or shortly thereafter, she made a contract with the plaintiffs herein to sell to t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436123/
This is an action brought by the plaintiffs as assignees to recover on five promissory notes of $500 each and the foreclosure of a mortgage securing the same. Defendants Moore and J.A. Youngstrom were also brought in by cross-petition; and Moore asks judgment on three notes held by him as assignee aggregating $1,100 an...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3181108/
IN THE SUPREME COURT OF THE STATE OF IDAHO Docket 42772 IN THE MATTER OF THE ) DISTRIBUTION OF WATER TO WATER ) RIGHT NOS. 36-02551 & 36-07694 ) (RANGEN, INC.) IDWR DOCKET CM-DC- ) 2011-004. ) ...
01-03-2023
02-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436049/
Furst Thomas, a partnership, of Freeport, Illinois, was a wholesaler dealing in certain proprietary remedies, drugs, sundries, poultry and stock preparations, household supplies, etc. Sam E. Oler, of State Center, Iowa, proposed to handle said goods as a retail dealer and entered into a written contract with Furst Th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436054/
The case was submitted to the trial court on demurrer to plaintiff's petition, which so far as *Page 481 material alleges, in substance, that defendant is a Maryland corporation authorized to do business in Iowa by Subdivisions 2, 5, 7 and 8, Section 8940, and Subdivision 5, Section 8941, Code, 1924; that defendant is...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4068639/
ACCEPTED 01-15-00266-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/15/2015 10:06:33 AM CHRISTOPHER PRINE CLERK FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/15/2015 10:06:33 AM CHR...
01-03-2023
09-30-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436209/
The plaintiff's petition predicated a contract of sale of personal property upon certain telegrams and 1. SALES: letters passing between the parties, and as requisites supplemented by certain oral conversations. The and validity allegation is that the contract was partly oral of contract: and partly in writing...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436215/
[1] Only fact questions are involved. No rulings of the court are involved; no question of law was contested in the trial below; there is no bill of exceptions. The judgment *Page 971 was duly excepted to, and the one question presented is whether it has support in the evidence. The oral contract involved was entered ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436526/
This controversy arose over an attempt by appellant, as plaintiff, to collect two promissory notes from appellee, as defendant. Both are payable to "myself," and indorsed by said John F. Martens, November 6, 1919. One was for $3,000, due nine months after said date, and the other for $4,000, maturing in one year therea...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436530/
The plaintiff is a copartnership, engaged in the "cleaning business," and the defendant is a corporation operating a laundry, both at Sioux City. In February, 1928, the plaintiff, by oral contract, purchased from the defendant two water softeners, at the agreed price of $400, to be installed in plaintiff's place of bus...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436210/
[1] The parties hereto are husband and wife, both residing in Sioux City, Iowa. The defendant was 73 years of *Page 128 age and the plaintiff 66 at the time of the trial. They lived together as husband and wife for a great number of years. Defendant's father was a pioneer resident of Sioux City and died in 1902 surviv...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436211/
On June 23, 1869, Nathan Andrews and wife conveyed to the district township of Jefferson three-fourths of an acre of land described by metes and bounds. The deed was with full covenants of warranty and without reservation of any reversionary right. A schoolhouse was built upon this site about 1871. The farm out of whic...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436212/
This case presents little difficulty either on the merits or the legal propositions involved. Title to real property appears to have been in Louise Gibson who, with her husband, executed a mortgage thereon to the Danville State Bank to secure a loan of $15,000. Thereafter the husband died. Louise then became involved i...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436213/
The facts in this case, as shown by the evidence and as set out in the petition, are that the plaintiff, who was a married woman and a resident of Nebraska, was visiting her relatives in Sioux City and staying at the time at the Jackson Hotel. In the early morning of March 30, 1937, she was visiting her brother, who wa...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436214/
There is very little conflict in the record. One Boldt, living at Lynch, Nebraska, gave a mortgage to the plaintiff to secure a promissory note in the sum of $210. The description of the property appears in the mortgage as follows: "Eighteen (18) Head of Cattle better described as follows: "Six (6) Head of Milch Cows m...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436216/
This case was tried on stipulated facts. In 1882 Alex R. Patterson, and five other grantors having the same last name, conveyed to the Chicago, Burlington Pacific Railroad Company, by warranty deed, a strip of land 100 feet wide through the following tract of land, to wit: "Northwest Quarter of the Northwest Quarter o...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436218/
The real estate involved is an 80-acre farm located approximately 5 miles northwest of Knoxville. Dispute arises between the parties as to who is the owner of the realty. On the one hand, plaintiff-appellant claims said real 1. ADVERSE property; while, on the other, the POSSESSION: defendant-appellee J.A. Wickli...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436116/
[1] On September 21, 1938, petitioner Dawson was indicted by the grand jury of Woodbury county for maintaining a liquor nuisance. The indictment was thereafter transferred to the municipal court of Sioux City for trial. On December 29, 1938, Dawson appeared before Hon. Bernard A. Brown, a judge of said municipal court,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436119/
I. Appellee commenced this action in the court below to recover the sum of $20,000, with legal interest, which he alleged he was induced by the fraud of appellant to pay for shares of stock in the National Investment Finance Company, now 1. SALES: Burns Brothers Company. The fraud charged is the remedies of al...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436121/
Elizabeth Fitzgerald died testate, at her residence in Perry, Iowa, on April 7th, 1938. Her husband died in the year 1914, and all of the property which she possessed, she had inherited from her husband. She had four daughters, Margaret Brulport, Kathryn McCarthy, Marie Tiernan, and Elizabeth Tiernan. On October 31, 19...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436124/
Appellee agrees that the statement of the case and the statement of the facts as set out by appellant are correct and we therefore set them out herein as a statement of the controversy before us. Merchants Supply Company appealed to the district court from a decision of the Iowa Employment Security Commission fixing it...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247182/
AMOS L. MAZZANT, UNITED STATES DISTRICT JUDGE Pending before the Court are Defendant Texhoma Fiber, LLC's Motion for Summary Judgment (Dkt. # 36) and Plaintiff PEG Bandwidth TX, LLC's Motion for Partial Summary Judgment (Dkt. # 37). Having considered the relevant pleadings and evidence, the Court finds that Plaintiff's...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/3211714/
Filed 6/9/16 Steele v. Trammell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS 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 b...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436465/
This cause, on the facts and the law, is controlled and determined by the decision in Welfare Loan Soc. v. *Page 1392 City of Des Moines, 205 Iowa 1400. The only debatable question is whether or not loans made under the Iowa chattel loan statute, Chapter 419 (Sections 9410 to 9438, inclusive), Code of 1924, are investm...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436296/
Dora B. Truax, of Des Moines, Iowa, wife of appellant, died testate, June 25, 1943, leaving no children, but survived by her husband and a number of her collateral heirs, who are beneficiaries under her will. She owned an eighty-acre farm in Guthrie County, Iowa, and most of the household goods in their home in Des Moi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436297/
This is an action to recover damages alleged by appellee to have resulted to his left foot from coming in contact with some hot cinders and ashes on the premises of appellant located southwest of Valley Junction near the city of Des Moines and occupied as a cement plant, to which appellee had gone on the early morning ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3436299/
Smith Brothers Manufacturing Company is a corporation organized under the laws of the state of Missouri, having its principal place of business at St. Joseph, engaged, among other things, in the sale of merchandise. There was being operated at Harlan, Iowa, a clothing store, under the trade-name of P.J. Carmichael Co....
01-03-2023
07-05-2016