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https://www.courtlistener.com/api/rest/v3/opinions/3436722/ | The defendant, Harriet M. Kendall, is conducting an institution under the name of Des Moines Commercial College, and will be considered, as she in fact is, the sole defendant. The plaintiff was a student at defendant's college for some thirteen weeks, beginning in December, 1922. She alleges that she was deceived into ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436723/ | At a private crossing, one of defendant's trains collided with plaintiff's threshing outfit, consisting of a tractor and a separator. The plaintiff is asking to recover the damages to his property, alleging that the same were caused by the negligence of the defendant, its agents and employees. The allegations in the pe... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436725/ | On April 5, 1930, a petition was filed in the district court of Marion county, alleging that the defendant was mentally incompetent, and asking that a guardian be appointed for her person and property. Issues were joined and the case has been tried five times to a jury. Sandwiched between two of these numerous trials w... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436726/ | The bequest attacked is as follows:
"I give, devise and bequeath all the rest, residue and remainder of my estate, to the Union Cemetery owned by the Ladies Cemetery Ass'n., of Union, Iowa."
The plaintiffs allege that:
"The parties interested in said estate of said Lavicy Whitmore are numerous, and the whereabouts * * ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247187/ | WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE
This is an action for judicial review under the Individuals With Disabilities Act ("IDEA"), 20 U.S.C. §§ 1400 et seq., brought by the parents of L.D., an eight year old boy with autism, against the Sumner County Schools ("SCS"). Now before the Court is a Moti... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3436793/ | Sioux City, Iowa, is a city of the first class operating under the commission form of government. Among its municipal officials is a duly qualified Civil Service Commission operating under the provisions of chapter 289 of the Iowa Code. Prior to April 8, 1939, the commission, in compliance with what is now section 5696... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436795/ | But one question is involved in this case and that is whether or not the court erred in sustaining the appellee's motion for a continuance of the hearing on the application for the appointment of a receiver.
On April 2, 1932, the appellee filed its petition in foreclosure and therein prayed the appointment of a receive... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436796/ | In its petition, the appellant alleged that: About February 1, 1941, in Des Moines, Iowa, it verbally proposed to appellee, a nonresident of Iowa, that it would sell to him the buildings and equipment and an assignment of the lease for $6,500, and the stock of merchandise at the manufacturers' market price, and that th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436804/ | Jennie A. Yancey, guardian of the property of Merritt Milton Yancey, a minor, brought this action to establish the rights of her ward in the estate of Kate G. Ellis, deceased, who died testate on November 15, 1934.
This litigation involves a construction of the following provision of the will of Kate G. Ellis:
"TENTH. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436807/ | Motion to direct a verdict at the close of all of the testimony 1. MOTOR was sustained in this case on two grounds VEHICLES: material to our consideration: (1) That the operation: defendant was not guilty of negligence, and (2) contributory that plaintiff was guilty of contributory negligence. negligence.... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436809/ | Mike O'Day, a farmer, died testate July 22, 1938. By the provisions of his will, he devised and bequeathed all of his real and personal property to Jessie O'Day, his wife. She was appointed executrix of his will and duly qualified.
Mrs. O'Day filed an application to have the exempt property set off to her as provided b... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436810/ | The accident causing the death of plaintiff's intestate occurred about 5:30 p.m. on February 2, 1935, on Primary Road No. 65, known as the Jefferson Highway, at a point a short distance north of the city of Des Moines. At the point where the accident occurred there is a graveled road from the west, called Pine Hill Dri... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436812/ | On April 10, 1935, appellant commenced an action to foreclose a mortgage on real estate described therein. This action was Equity No. 13270, and was consolidated on appeal with Equity No. 13824, for reasons which will appear as we proceed.
Prior to the filing of this petition appellant had paid the taxes for 1931 and 1... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436813/ | Plaintiff, Farmers Savings Bank of Bunch, Iowa, in July, 1926, voted to voluntarily liquidate. J.J. Taylor was its president and also was president of a bank at Udell. A liquidating committee was appointed including witnesses Swaim, McFarland and Taylor, and including also a Mr. West, who is dead. Plaintiff bank held a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436816/ | Chestnut street runs north and south and is the principal business street in the city of Atlantic, Iowa. Plaintiff-appellant is the owner of lots 8, 9, and 10 in block 33, and the defendant-appellee, Skelly Oil Company, is the owner of lots 11 and 12 in block 33. Upon lot 10 is located a brick building which has been u... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211832/ | FOURTH DIVISION
ELLINGTON, P. J.,
BRANCH and MERCIER, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely fil... | 01-03-2023 | 06-10-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436820/ | The appellant herein was plaintiff in the case and June 12, 1934, commenced foreclosure of a mortgage in the district court of Webster county, Iowa, given by the defendant Jerome McNamara. The mortgage was executed May 1, 1928, and was in the sum of $22,000 due June 1, 1933, with interest at 5 per cent, payable semiann... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436822/ | The assigned errors are: (1) That the verdict is not supported by the evidence, is contrary to the evidence, and is the result of passion and prejudice; (2) that it is a quotient verdict; and (3) that it is excessive.
I. The appellant is a widower. After the death of his wife, the appellee's wife, before her marriage, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436824/ | In the early morning of February 6, 1945, defendant shot and killed Helen Madison. Both were colored, as were the four men who were in the immediate vicinity at the time. The homicide occurred on defendant's premises in Sioux City, Iowa. The witnesses, William Moore, George Bruce, and Ben Sanford all roomed there and w... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436851/ | John Kyle, the husband of the plaintiff, for a period of about eight years had been in the employ of the defendant as janitor. He had no regular working hours, — that *Page 1038
is, no definite time for either the commencement or the completion of his daily service. He usually went to work about 5 o'clock in the morni... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436852/ | This is another of several suits to come before us which involve the Henry W. Lunt trust. The suit was instituted by Elba Lunt Van Gorden and Mattie Lunt Van Gorden, to whom we refer as plaintiffs, by the filing of what is called an application in the Henry W. Lunt trust. Each plaintiff has a one-fifth beneficial inter... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436821/ | A printed matter headed "Petition for Rehearing" was filed in this case by the defendant subsequent to the filing of the original opinion. The petition for rehearing really asks for an interpretation of the opinion filed herein and published as above, as to the rents, issues, and profits involved in the case.
[3] The o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436826/ | An amended and substituted petition was filed in this cause, wherein the appellant was made the sole plaintiff. The petition alleged that the appellee executed and delivered to the Athelstan Bank a certain promissory note, a copy of which, together with the indorsements thereon, is set out in the petition; and it is al... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436829/ | According to the record, the defendant-appellant, Des Moines Asphalt Paving Company, on August 6, 1923, entered into a written contract with the city of Creston to pave certain public streets and alleys therein. A Mr. Akin, at or about the same time, entered into a contract with the city of Creston to install the curbs... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436831/ | The ultimate question involved in this appeal is this: does the appellant own the abandoned railroad right of way that extends across his farm?
The appellant owns two tracts of land, being the Southeast Quarter of Section 28, Township 72, Range 36, and the North Half of the Northwest Quarter of the Northeast Quarter of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436833/ | The only controversy in this case is over failure to give proofs of loss. It is apparently assumed by both parties that the policy is a Nebraska contract, and it purports to be a uniform standard Nebraska farm policy, approved by the Nebraska state insurance board. The insured property consisted of a barn and other bui... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436834/ | The evidence of the State tends to show that, on April 16, 1923, one H.J. Carlson, in the city of Burlington, Iowa, drove his Ford coupé to the Mercy hospital, where he parked the same, and that, after a visit to the hospital, he returned for his car, and it was gone. It was found about the first of May, in Galesburg, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436837/ | Main Avenue in the City of Clinton runs east and west, and is intersected by Cleveland Street running north and south. An extra wide alley, designated as Buell Avenue, is the first east and west thoroughfare south of Main Avenue, which alley likewise intersects Cleveland Street. On September 11 and 12, 1936, one Clem H... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436838/ | It appears from the petition in this case that John Nichols, a resident of Ringgold county, Iowa, died May 29, 1903, leaving a will which was filed for probate on the 23d day of *Page 343
June, 1903, and was admitted to probate October 1, 1903. Mary E. Nichols, the surviving wife of John Nichols, was named as executri... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436839/ | S.L. Holley died testate, a resident of Poweshiek County. His will was admitted to probate, and the administration of the estate has been closed. In the third item of the will it is provided:
"Subject to Item 1 hereof [the payment of debts], I direct that all of my estate, of whatsoever the same may consist at the time... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436806/ | On the 22d day of August, 1922, the defendant association was conducting a county fair. Among other attractions was what was designated in the record as a "Green Race." One 1. AGRICULTURE: of the horses in that race, owned by the county fair codefendant herein, Giltner, bolted the associa- track,jumped the fence ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436811/ | Adeline Fitch, the plaintiff and appellee, was married to Gail W. Fitch, the defendant and appellant, at Nevada, on October 27, 1919. Afterwards, they lived in Des Moines. This union brought forth a child, Caroline, now three and one-half years old. Discord arose between the father and mother, and the present suit for ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436814/ | Plaintiff by written lease rented the land in question to the defendant John Masterson for a period of five years from March 1, 1928. In his petition filed February 5, 1932, and a later amendment plaintiff asks a landlord's attachment against the property in question and judgment for $577. The attachment was duly issue... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436817/ | John Lawson, the appellant, is the son of Ellen Lawson, now deceased. Ellen Lawson died testate. In her will, she provided for appellant as follows:
"I hereby give, devise, and bequeath to my son John Lawson [appellant], the income from one half of my estate, both real and personal of which I may die seized, and it is ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4036220/ | IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
PATRICK BENNETT, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. ... | 01-03-2023 | 09-22-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436841/ | Count I of plaintiff's petition, filed on March 30, 1939, states that on April 19, 1926, the council of defendant City adopted Ordinance 1457, quoted in the petition, fixing the salaries of its firemen at amounts therein set out. That on December 6, 1926, the council adopted Ordinance 1498 providing *Page 672
a unifor... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436842/ | A somewhat extended statement of the facts in this case is necessary to a fair understanding of the questions raised.
P.H. Bosquet and I.M. Earle were partners, Bosquet residing at Pella, and Earle at Des Moines, Iowa. The partnership was interested in and owned numerous tracts of real estate, both farm and town proper... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436843/ | This is an action for damages for alleged libel. The plaintiffs' petition discloses the following: The plaintiffs are attorneys engaged in the practice of their profession at Marshalltown, Marshall County, Iowa. The defendant, The Gazette Company, is a corporation and its principal business is the publication of a news... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436844/ | For the purpose of this appeal, the facts are not in dispute. This is an action at law brought against the City of Des Moines and its employees Francis Mastin and Harry Wilson by Howard C. Mardis to recover damages suffered as a result of an accident involving a truck owned by the City of Des Moines and a car in which ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436845/ | In this case, the legal question is squarely raised as to the power and jurisdiction of the court, under section *Page 350
10481 of the Iowa Code of 1939, to modify a divorce decree in relation to property where alimony is allowed in a lump sum as permanent alimony or where there is a division of property as permanent... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436846/ | From the abstract, this would appear to be an independent suit in equity, to cancel the assessment in 1. MUNICIPAL controversy. Objections before the city council CORPORA- are pleaded, but no notice of appeal to the TIONS: district court is shown. Nevertheless, the special plaintiff in argument says ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436847/ | W.C. Falcon executed the note in suit. Fairley was payee thereof. The note was transferred to plaintiff. 1. APPEAL AND The defense of Fairley is that the note was ERROR: transferred by qualified indorsement, and that prejudicial a material alteration was made in respect to error: said indorsement by the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436849/ | On August 31, 1940, Hubbard Milling Company instituted action at law on account against Glen Kempf *Page 594
and wife, which suit was aided by an attachment against certain turkeys then kept upon a farm owned by Kempf's mother and operated by his father and his brother, Lloyd Kempf. On October 23d, judgment was render... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436850/ | FRAUDS, STATUTE OF: Partnership in Real Estate. Partnership 1 agreements for the purchase and sale of real estate may be proved by parol evidence.
PARTNERSHIP: Agreement — Evidence. Evidence held to establish a 2 partnership for the purchase and sale of real estate.
CONTRACTS: Consideration — Mutual Covenants. Mutual c... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436858/ | The record in this case is very hazy and indefinite as to some matters connected herewith, but the following facts gathered from the record summarize the situation out of which this litigation grew.
In the year 1918, one John A. Peterson executed a contract of exchange with one M.P. Conway, by which Peterson was to hav... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436855/ | On August 11, 1919, the appellant, Smith, executed and delivered to one P.P. O'Connor, an agent of the Associated Packing Company, his promissory note for $625. Three days later, he executed and delivered unto said agent a 1. BILLS AND second promissory note, for $400. Said notes NOTES: became due six months ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436856/ | On the 29th day of May, 1915, the decedent duly executed the will which is offered for probate. By the terms of said will she disposed of all of her property to the appellee, who is not related to her in any way, but who, it appears, had lived with her for a long time. At the time of the execution of the said will, the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436857/ | On December 9, 1920, the appellee Ira Short and the appellant Joe Horn entered into a contract in writing, by which the former, as party of the first part, agreed to convey to the latter two certain tracts of land in Clarke County, containing, respectively, 145 and 157 acres, subject to incumbrances upon the smaller tr... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436860/ | In the early part of the year 1921, Lundgren Bros. were indebted to appellant in various amounts, partly secured by chattel mortgages, and other indebtedness unsecured. Some of these obligations were due, and they wanted to 1. BILLS AND borrow more money from the bank. The bank NOTES: refused to extend furthe... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436861/ | This action involves the legality of the proceedings whereby the city of Keokuk, Iowa, undertook to exercise the power which the legislature has vested in "cities and towns * * * to purchase, establish, erect, maintain, and operate * * * waterworks," etc., section 6127, Code 1935. The fact that power exists in the city... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437011/ | Plaintiff-payee, J.S. Fairley, seeks to recover *Page 292
judgment on two promissory notes. The admitted signatures of the defendants W.C. and C. Falcon, son and father, are appended, as makers, to said notes.
The petition is in two counts. The note in Count 1 is for $2,500, dated September 13, 1918, and due on or bef... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437031/ | The objections filed with the commission are:
"1. That there is no necessity or demand for the service proposed by applicant. 2. That the granting of the certificate will not promote the public convenience and necessity. 3. That the bus line now operated between said towns and cities furnishes adequate service of that ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4036241/ | IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
KENNETH WILLIAMS, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. ... | 01-03-2023 | 09-22-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436862/ | [1] The Denison Fire Department Swimming Pool Association is a corporation not for pecuniary profit, organized in 1926 under chapter 394, Code of Iowa, 1924 (1939). Its members are members of the Denison Fire Department and such other persons as may by the bylaws be permitted to join. Apparently its principal purpose w... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436865/ | The plaintiff, Alex Fitzhugh, and the defendants, R.B. Thode and George Harnagel, entered into a contract set out in plaintiff's petition as "Exhibit A", which contract was as follows, to wit:
"Whereas the said parties have purchased and are the owners in common of the following described real estate situated in the Co... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436868/ | [1] The litigation that has occasioned this appeal is by reason of the claimed excessive property-tax assessment for the year 1941 of thirteen commercial properties in Fort Dodge, Iowa, owned by the plaintiff company. Upon appeal to the district court from the original valuation assessment made by the assessor, and app... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436909/ | Defendant, Stanley M. Kaster, was indicted by the grand jury of Bremer County, Iowa, charged with the crime of having murdered Glenn R. Winchell in said county on September 25, 1943.
He entered a plea of not guilty but upon trial was convicted of murder in the first degree and sentenced to death. He has appealed to thi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436912/ | DISSENT: Oliver, J.
Nicolaus Petersen died testate in January, 1918. The material portion of his will reads:
"Paragraph 2. I hereby will, devise and bequeath to my beloved wife, Margaretha Petersen, during the continuance of *Page 757
her natural life time, the Southwest quarter of Section Twenty two (22) and the Nort... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436915/ | There is no allegation of error other than the extent of the sentence. The sole question presented by this appeal is whether the trial court abused the discretion vested in that court by section 789.15 of the 1946 Code of Iowa, by sentencing the defendant to an indeterminate term in the penitentiary, rather than a term... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436917/ | I respectfully dissent. The county highway lies between the dominant (north) and servient (south) land. The story of this case starts with the county's construction of a dike (about 1937) on the south side of the highway, to divert all of the water that flowed under the highway bridge into its south roadside ditch. The... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436918/ | [1] This case has been tried three times in the district court. In the first trial there was a verdict for the plaintiff of $2,500, which was set aside and a new trial granted by the trial court because of submitting a ground of negligence which it had stricken. In the second trial, at the close of all the evidence, th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/1750008/ | 646 F. Supp. 1104 (1986)
UNITED STATES of America, Plaintiff,
v.
Harold Charles BOROM, Defendant.
No. 74-CR-42.
United States District Court, E.D. Wisconsin.
November 4, 1986.
Jan Kearney, Asst. U.S. Atty., Milwaukee, Wis., for plaintiff.
Harold Charles Borom, pro se.
DECISION and ORDER
MYRON L. GORDON, Senior Distric... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/3436910/ | The defendant Bess M. Barnes operates a beauty shop in the building owned by the defendant Louise E. Everett in Council Bluffs, Iowa. Her lease describes "The first floor store room and basement in the Everett Block * * *." It appears that the room is L-shaped, fronting on Pearl Street, with the wider portion to the we... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436913/ | I respectfully dissent from Division III of the majority opinion. The ultimate findings of the trial court, so far as here material, were (a) that the widow and children had reconverted the gift into real estate, and (b) that the trustee in bankruptcy thereafter sold and conveyed "the 1/6 interest of Matt H. Petersen i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436906/ | Appellees are husband and wife. Frank Ireland owned and operated a gift shop in the city of Independence. He individually became indebted to the appellant bank in the sum of $8,000, and was owing said amount on October 31, 1929. The evidence tends to show that at said time the stock of goods in said appellee's shop was... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436907/ | Henry F. Fintel died testate in 1936, leaving surviving him two sons, Edward Charles Fintel and Homer Addicks Fintel; two daughters, Alice Eva Fintel and Lillian Floy Fintel; and two grandsons, Elmer Hugh Beard and Wilbur E. Beard, the children of a deceased daughter, Florence May *Page 478
Beard. This daughter died p... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3436914/ | Defendant plead self-defense. Defendant's first assignment of error is that the court erred in admitting in evidence a voluntary written statement made by him a few days after he was arrested which is designated Exhibit P-1. Defendant claims that the exhibit was not a confession because it was a statement accompanied b... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211826/ | THIRD DIVISION
MILLER, P. J.,
MCFADDEN and MCMILLIAN, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.... | 01-03-2023 | 06-10-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211843/ | Court of Appeals
of the State of Georgia
ATLANTA,____________________
June 07, 2016
The Court of Appeals hereby passes the following order:
A16D0384. JOHN GALCZYNSKI v. LAURA MACDONALD et al.
A16D0397. IN THE INTEREST OF: L. G... | 01-03-2023 | 06-10-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437032/ | The note and mortgage upon which this suit is based were executed and delivered to the plaintiffs by the defendants, J.A. Engster and Anna Engster, on October 16, 1929, and duly recorded the following day. The principal amount of the note was $7,000. The mortgage covered a fractional quarter section of real estate in P... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437034/ | Primarily, a fact issue is presented. The law of the case is well defined.
The one question involves the validity of a deed of conveyance of certain Humboldt County, Iowa, land by Michael O'Neil to his daughter, Fannie O'Neil Morrison, the defendant. The deed was executed on July 6, 1928, and filed for record on the fo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437035/ | At an election held February 15, 1934, the electors of the Incorporated Town of Coon Rapids voted favorably on the following public measure: "Shall the Town of Coon Rapids, Carroll County, Iowa, establish, erect and construct a municipal electric *Page 1075
light and power plant at a cost of not to exceed the sum of $... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437036/ | The city of Oskaloosa duly established and erected a municipal waterworks plant. In conformity with law, the management of such plant was placed in charge of trustees. Defendants are such trustees. It is proposed to make extensions and improvements to said plant. It is proposed to issue bonds in an amount sufficient to... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437037/ | The controversy arises upon defendant's motion attacking plaintiff's petition. The motion was overruled and we are left to infer (probably under Rule 86, Rules of Civil Procedure) that defendant, by not pleading over, elected to stand on it and that a final adjudication against him resulted, from which the appeal is ta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437130/ | The principal action involved the foreclosure of three mortgage liens upon the same 160 acres of land. No receiver was asked by the possessor of the first mortgage, and his interests are not now concerned. Controversy centers on a dispute between the holders of the second and third mortgages, as to who is entitled to c... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437312/ | The will of William Hodgen, deceased, provided in item No. 3 thereof that:
"My said four grandchildren are now minors and should my death occur while the said grandchildren are still in their minority, it is my wish and desire that the court shall appoint a proper person of sound judgment and discretion as the legal gu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4044011/ | APPLICANT JOSEPH DALE MOSS APPLICATION NO. WR-82.493-02
APPLICATION FOR 11.07 WRIT OF HABEAS CORPUS
ACTION TAKEN
DENIED WITHOUT WRITTEN ORDER.
c§-eA •/1, 2&s~~ DATE
JUD | 01-03-2023 | 09-28-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437124/ | The principles of law in a case of this kind have been frequently stated by this court, and there is no controversy between the parties respecting them. Neither do we find any material dispute in the facts. But since the facts are controlling in the determination of the case, and in the application of the *Page 1326
l... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437125/ | Victor Harvey, Jr. died December 20, 1944, from an accident arising out of and in the course of his employment by appellant employer. He was then aged sixteen years, eleven months, and was living with and under the control of his father and stepmother, appellees herein. The principal questions in this appeal concern th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437126/ | Austin N. Palmer died in New York City in November, 1927. Cedar Rapids, Iowa, was the place of his legal residence at the time of his death. His will was admitted to probate in Linn County, and his widow, Sadie Whiting Palmer, and the Merchants National Bank of Cedar Rapids, were appointed executors. Said executors qua... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437127/ | I. The Woodburn Bank was a copartnership, composed of appellant and numerous other persons. The bank closed at the usual time for closing on the afternoon of March 14, 1925, which was Saturday, but did not open for business on Monday morning, 1. INDICTMENT nor at any time thereafter. On the date referred AND INFORMA... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437132/ | On August 24, 1928, the defendant Matthew V. Miller filed his voluntary petition in bankruptcy, and listed his unsecured creditors, whose claims aggregated $12,884. His filed petition listed no property of any kind or character, but at that time, there was personal property to the amount of several thousand dollars on ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437134/ | [1] On December 2, 1937, the plaintiff filed petition to terminate the guardianship of his property. Hearing was begun thereon on January 4, 1938, before the Honorable E.W. Dingwell, as presiding judge, at which time, both parties were represented by the present attorney for the appellee. Several witnesses testified on... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437155/ | Appellants, as plaintiffs, commenced a suit against appellee, Derry, and appellees, James Morrison, George Nedderman and Ray Rinehart, as members of the board of supervisors of Monroe county, for an injunction to restrain them from removing certain fences and altering a highway on land claimed by appellants. *Page 179 ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437156/ | From a conviction and judgment for operating a motor vehicle upon the public highways while intoxicated, the defendant appeals.
Appellant's first assigned error is to the effect that the trial court committed error in overruling his motion for a continuance.
The Information, charging the offense to have occurred on Oct... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437157/ | This case is now before us after reargument and resubmission upon a rehearing. The action was brought for judgment upon a promissory note and the foreclosure of a mortgage securing same. The promissory note sued upon provided for amortized payments to be made on the first day of January and the first day of July in eac... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437158/ | Wilhelm Diederich was a resident of Davenport, Iowa, and employed by the Tri-City Railroad Company of Iowa as a motorman on one of the street cars which the company operated. He had held the position of street car operator or motorman for about thirty years.
It is stipulated in the record that on May 21, 1930, Diederic... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437161/ | [1] The purported will filed in the office of the clerk for probate is dated December 3, 1927, is all in typewriting except the purported signatures of the testator, George Baker Wood, and the two subscribing witnesses, Floyd O. Greene and Howard B. Fislar. It is identified as "Exhibit A." It bequeaths to testator's si... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437162/ | Defendant was charged with the crime of violation of parole under section 13353, Code of 1939. Upon a plea of not guilty he was tried, convicted, and sentenced, having been duly represented in the district court by L.H. Childs, attorney. Upon this appeal he represents himself. After verdict of the jury on November 16, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437187/ | The indictment in this case is based upon Section 13002 of the Code of 1924, and charges that:
"The defendant * * * did * * * enter the premises of the Cottage Grove State Bank, a corporation duly organized and authorized to do a general banking business under the laws of this state, * * * with intent to rob."
The sing... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437188/ | The residence properties are Lots 5 and 6 in Whitaker's 2d Addition to the City of Davenport, Iowa. They front west on Belle Avenue, and extend east 192 feet to a 30-foot alley. Each is 50 feet wide. Plaintiffs own Lot 5 which is immediately to the north of defendant's Lot 6. Adam Boettcher bought Lot 5 in 1892, built ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437164/ | I find myself unable to agree with the majority, and therefore respectfully dissent.
The majority opinion is based upon the theory that there was a fiduciary relationship between the defendant and plaintiff. There is no basis at all in the pleaded facts for the conclusion that this relationship existed at the time he m... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4073488/ | PD-1486-15 PD-1486-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
... | 01-03-2023 | 09-30-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4073489/ | JUDGMENT
Court of Appeals
First District of Texas
NO. 01-14-00871-CV
PLAYA VISTA L.P., MORGAN-MULTI FAMILY LLC, AND SCOTT MORGAN,
Appellants
V.
... | 01-03-2023 | 09-30-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437159/ | At the outset of this case, we are confronted with several motions filed by the parties after the briefs and arguments in the main case had been filed. These motions were ordered *Page 949
submitted with the case, hut, in view of the decision which we reach, it becomes unnecessary to consider them in this opinion.
[1]... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437163/ | In March, 1935, the plaintiff filed her petition at law for damages against the defendant for conversion of the sum of $10,000, which petition reads as follows:
"During the year 1929, the plaintiff was residing in the city of Chicago, Illinois, and on or about the 15th day of June, A.D. 1929, defendant visited her ther... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437165/ | On June 20, 1924, Joseph P. Wall signed an application for a $10,000 policy of insurance on his life with the defendant company. This policy issued but was not delivered. On June 20, 1924, this policy came into the hands of the soliciting agent, Thomas J. Boyle, but it was returned to the defendant's home office, and o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437166/ | Plaintiff was granted a divorce from defendant in September 1945. There were no children. While the original decree is not before this court, we gather from the record that defendant was ordered to pay $50 a month alimony to plaintiff, and under a property division plaintiff received $600 or $700 in bonds. All payments... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437167/ | [1] Plaintiff sued defendants to recover unpaid rent on a 500-acre tract of land which defendants had previously rented from the plaintiff under a written lease. The case was submitted to the jury under instruction requiring the jury to answer two questions therein submitted. The jury having performed its duty and answ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437170/ | The first three errors assigned involve substantially the same proposition: that is, the insufficiency of the testimony to support the verdict, in that it is claimed that there is no showing of negligence on the part of the city, and that the motion to direct a verdict made by the city should have been sustained.
The f... | 01-03-2023 | 07-05-2016 |
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