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https://www.courtlistener.com/api/rest/v3/opinions/1760528/
114 Wis. 2d 29 (1983) 337 N.W.2d 837 STATE of Wisconsin, Plaintiff-Appellant, v. Alvin FOUSE, Jr., Defendant-Respondent. No. 82-1806-CR. Court of Appeals of Wisconsin. Submitted on briefs April 29, 1983. Decided June 7, 1983. *30 For the plaintiff-appellant the cause was submitted on the brief of Bronson C. La Follette...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3430271/
The original transaction under investigation herein occurred in 1923. It consisted of negotiations for a bond issue for the benefit of Joseph Zwart upon a certain leasehold interest in real estate owned jointly by Zwart and Clarkson. These two men were brothers-in-law. Clarkson and Mrs. Zwart were brother and sister. T...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430274/
On July 13, 1928, about 5:30 o'clock in the afternoon, the plaintiff-appellee was traveling from the north to the south side of First Avenue East in Cedar Rapids, and was struck by an automobile at a point approximately 30 feet west 1. AUTOMOBILES: of where said avenue intersects Tenth Street in injuries that city...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430275/
This appeal presents several propositions relating to the distribution of the rents of real estate between the widow and heirs of an intestate where a homestead is involved. It is the fifth appeal in the contest between these parties. A brief statement of the *Page 738 facts out of which the controversy arises is nece...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430251/
The testatrix, Nellie Hollis, age about eighty-five, died on November 2, 1942. Her husband predeceased her by about nine months. There survived two daughters, Annie Varnell and Bessie Lee, two sons (Dwight and Marion Hollis) of a deceased son, George, and two sons (Leroy and Floyd Boynton) of a deceased daughter, Lotti...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430254/
In 1947, the grand jury of Polk County, Iowa, returned an indictment which accused William H. Cotton, Charles E. Parmenter, Roy J. Hild, Ben B. Dewey and H.H. Thompson of conspiracy as defined by section 719.1, Code of 1946, and charged that the said named parties unlawfully conspired with each other and with other per...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430259/
Objections to final report of the executors were filed by W.C. Southwick, administrator with will annexed of the estate of Benjamin F. Myers, deceased, and Mary A. Myers, widow and devisee of said Benjamin F. Myers, and Lenore I. Sulgrove, daughter and legatee and devisee of said Benjamin F. Myers, against William M. M...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430260/
Appellant was charged with the crime of violating section 5027 of the Code of 1931, which provides that "Whoever, while in an intoxicated condition, operates a motor vehicle upon the public highways of this state, shall, upon conviction or a plea of guilty, be punished," as therein provided. The defendant, Calvert Hoop...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430265/
The case before us presents the usual aspects of a will contest. The record is long and the exhibits numerous. As is to be expected, the witnesses differ widely. Some pictured the testator as a capable, self-reliant, self-sufficient businessman fully competent to manage his affairs, and impervious always to importunity...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430268/
1. The matters before referred to are not in dispute. There are some other matters about which there is no dispute. There is no dispute as to the amount due plaintiff on the account, or as to the filing of the mechanics' lien statement 1. MECHANICS' within the statutory time. The material for the LIENS: hog ho...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430357/
I. The accident out of which appellee's cause of action for damages arose, occurred between 6 and 7 o'clock on the night of November 2, 1923. While he was proceeding northward on a public highway, approaching the town of Wyoming from the south in a lumber wagon drawn by a span of horses, his wagon was run into by appel...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430359/
We have so frequently expressed ourselves on the general principles applicable to the case before us that there is and can be little or no dispute between the parties as to such rules. The difficulty lies, as is to be expected, in the application of the facts to these rules. We have so many times spoken on this subject...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430360/
I. Appellant alleges that he entered into a written contract with the appellees to furnish the material and labor and construct a drainage ditch in Drainage District No. 157 in Kossuth County; that he has completed the said ditch; that the same has been accepted by the board of supervisors; and that there is a balance ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4031275/
NUMBER 13-16-00360-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ AMANDA ANN GUTIERREZ, Appellant, ...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430361/
The mortgagor is one Meyeran. In the year 1921, Meyeran resided in Nobles County, Minnesota, which borders on the Iowa line. On the 9th day of December, 1921, he gave a chattel mortgage on certain of his property, which, on December 12, 1921, was duly filed for record in Nobles County, Minnesota, as provided by the law...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430366/
The bankrupt transferred his bank account to the name of his wife, the defendant, and afterward deposited his money in that account. By understanding with her, he signed her name to checks (though she signed some herself). He attended to the business. He was a farmer. Defendant says that, about a year before the transf...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430367/
The petition in this case was filed in October, 1930. The plaintiff is the wife of B.I. Salinger, Jr. For brevity, he will be referred to as "Salinger" and his wife will be referred to as the "plaintiff." The defendant General Motors Acceptance Corporation will be referred to as the "acceptance corporation" and the def...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430368/
I am constrained to dissent from the foregoing opinion. For the purpose of the dissent, a somewhat fuller statement of the case must be made. To avoid repetition, it will be more convenient for me to refer to the husband as plaintiff, rather than as an agent of the plaintiff. Passing for the moment earlier events, the ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4073476/
PD-1318-15 PD-1318-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/18/2015 1:26:48 PM ...
01-03-2023
09-30-2016
https://www.courtlistener.com/api/rest/v3/opinions/4073477/
PD-0798-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/18/2015 10:37:43 AM Accepted 11/1...
01-03-2023
09-30-2016
https://www.courtlistener.com/api/rest/v3/opinions/4073480/
JUDGMENT Court of Appeals First District of Texas NO. 01-15-00556-CV IN THE INTEREST OF S.R.-M.C. Appeal from the 313th District Court of Harris County. (Tr. Ct. No. 2010-08247J). Thi...
01-03-2023
09-30-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430511/
I think there was an election as to the entire amount, and I would affirm without modification. EVANS, J., joins in this dissent. *Page 651
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3437320/
The defendant appellant is a lecture bureau. The plaintiff was one of its lecturers for a period of five years. The contract between the parties was entered into in January, 1905. The headquarters of the bureau were in Des Moines. The residence of the plaintiff was Camden, N.Y. After some oral negotiations, a written c...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247144/
AMY BERMAN JACKSON, United States District Judge Plaintiff Dolores Barot brought this action against the Embassy of the Republic of Zambia alleging that defendant discriminated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. when it paid her less than male employees, an...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/4031278/
THE THIRTEENTH COURT OF APPEALS 13-16-00360-CV Amanda Ann Gutierrez v. Rogelio P. Flores On appeal from the 117th Distr...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430447/
On the 16th day of April, 1920, appellant, Lindley, being then the owner in fee of a certain lot in the town of Little Sioux, conveyed the same by warranty deed to Catherine V. Kellar. This deed contained the usual covenants of warranty that the premises were free and clear of all liens and incumbrances, and a covenant...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430448/
For many years, the decedent and two brothers, H.R. and Guy H. Straight, were engaged in the manufacture and sale of clay products at Auburn, Iowa, as a copartnership, under the firm name and style of the Auburn Brick Tile Company. In the fall of 1912, they filed articles of incorporation, providing for a capital of $...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430449/
I. Defendant contends that the evidence is insufficient to sustain conviction. A number of witnesses testify to smelling intoxicating liquor on his breath at the time of the accident. A number testify that he was at that time 1. MOTOR intoxicated. Defendant was in two collisions VEHICLES: within an hour or t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430452/
This cause is submitted on a stipulation of facts. The appellant and his family reside within the boundaries of the Independent School District of Pleasant Hill, in Franklin County. The appellant has six children in his family, part of *Page 65 whom are eligible to attend high school, and as to them it is stipulated a...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430358/
By an act of the 44th General Assembly, now chapter 352-D1 of the Code of 1931, the treasurer of state and each county officer having the custody of public funds, the treasurer of each city, town, and school corporation, and each township clerk and secretary of a school board are directed and required to deposit all of...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430365/
I respectfully dissent from the majority opinion and also from portions of the dissenting opinion of the chief justice, although I concur in the result reached in the latter opinion, which will be referred to herein as the dissenting opinion. The note and mortgage were executed April 16, 1925, and the note was due Apri...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430473/
This is an action begun in the municipal court of Des Moines by the issuance of a search warrant on petition of plaintiff. The warrant was issued and the car taken thereunder. The tools described in petition were returned to the plaintiff, Bliss. For convenience W.A. Bliss will be termed plaintiff and Federal Discount ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4138093/
ENERAL Hen, K:. L. Berry Oplnlon Ho,,.;V-679. Adjutant General Capitol Station Re: The legallty.of the pay- Austin, Texas ment of a personal injury claim of a I'iatlonal Guards; ...
01-03-2023
02-18-2017
https://www.courtlistener.com/api/rest/v3/opinions/3210897/
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN THE INTEREST OF: L. M., A MINOR : No. 68 MM 2016 : : PETITION OF: T.L., MOTHER : ...
01-03-2023
06-08-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211887/
Court of Appeals of the State of Georgia ATLANTA, June 03, 2016 The Court of Appeals hereby passes the following order A16D0375. BRIDGET BROWN v. CLARENCE WHITE et al. . Upon consideration of the Application for Discretionary Appeal, it is ordered...
01-03-2023
06-10-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033644/
United States Court of Appeals For the First Circuit No. 15-1898 UNITED STATES OF AMERICA, Appellee, v. RAYMOND NEGRÓN, Defendant, Appellant. APPEAL FROM ...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/3216709/
Case: 15-50516 Document: 00513563051 Page: 1 Date Filed: 06/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-50516 Summary Calendar ...
01-03-2023
06-24-2016
https://www.courtlistener.com/api/rest/v3/opinions/4039157/
^^i«so U°U(t 0| Appeals RECEIVEDIN SIOOA;, Com4 COURT OF CRIMINAL APPEALS ... , ' JAN 05 2015 d qyp4- ^AbstAcosS, Ojteft ...
01-03-2023
09-28-2016
https://www.courtlistener.com/api/rest/v3/opinions/4031281/
THE THIRTEENTH COURT OF APPEALS 13-16-00359-CV Allyson R. Oliver and William C. Oliver v. Wells Fargo Bank, N.A. On appeal from the ...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4061986/
ACCEPTED 12-15-00157-CR TWELFTH COURT OF APPEALS TYLER, ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430470/
The only question involved in this appeal is that of priority between appellant's conditional sale contract and appellee's chattel mortgage. On December 20, 1937, appellee Wessell purchased an automobile from the Hughes Motor Company for the sum of $430, of *Page 812 which $100 was paid forthwith, and the balance of $...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430471/
In May, 1929, the appellee (plaintiff) filed his action at law against the appellant (defendant) to recover $180,000 for royalties under a contract with the appellant's assignor, J.S. Hall. The petition also seeks to recover for alleged profits claimed to be due the appellee from the manufacture of patented pulley bloc...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430472/
Burgess Allen, a childless widower, past 80 years old, died intestate on May 24, 1938, leaving as his only heir, his grandson, the defendant Leonard Ray Allen, who had just reached his majority. The latter, on his own application, was appointed administrator. The deceased had made a will giving his small estate to this...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430496/
I am unable to agree with the majority that there was an issue for the jury in this case on the question of freedom from contributory negligence on the part of plaintiff's decedent. Circumstances will permit only a brief reference to the reasons. The car in which plaintiff's decedent was riding belonged to her. It was ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430498/
A former appeal of this case is reported in In re Estate ofSexauer, 198 Iowa 1378. I. The only question in connection with the claim of undue influence that need be noticed is the ruling of the court sustaining proponent's objection to contestants' offer to prove conversations between one of the beneficiaries 1. WILLS...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430499/
Plaintiff, S.S. Wright, the owner of a dwelling house located on the east seventy feet of Lot 6, Block 22, Corydon, Iowa, sought in this action a writ of mandamus to direct the defendants, the State Department of Health and Dr. Walter L. Bierring, Health Commissioner, to institute legal action to enjoin the Standard Oi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430500/
On April 1, 1937, the plaintiff filed a petition at law seeking damages against the defendant in the district court of Webster County, Iowa. This action was commenced for the April, 1937, term of that court, which commenced on April 12, 1937. On April 8, 1937, defendant's attorneys wrote plaintiff's attorneys that the ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430501/
Julia Braga commenced an action in the municipal court of the city of Marshalltown against Jay M. Stowell and Clara M. Stowell to obtain possession of certain farm land, the lease of which expired on February 28, 1934. George A. Stowell, guardian of H.C. Stowell, a person of unsound mind, filed a petition of interventi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430503/
My reasons for dissenting from the majority opinion may be skeletonized as follows: Plaintiff's contentions were that defendant owed the note in suit to plaintiff and defendant, the sole beneficiaries of the estate. The majority opinion says, "For plaintiff to assert such contentions it was necessary to attack the adju...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3210997/
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A15-1144 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/4073485/
JUDGMENT Court of Appeals First District of Texas NO. 01-15-00300-CV SUMMIT INDUSTRIAL CONSTRUCTION LLC, Appellant V. UTICA EAST OHIO MIDSTREAM, L...
01-03-2023
09-30-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211901/
WHOLE COURT 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. http://www.gaappeals.us/rules ...
01-03-2023
06-10-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430551/
This case was originally decided in Shirkey v. Keokuk County et al., 275 N.W. 706. A rehearing was granted and the former opinion is hereby withdrawn, except as reaffirmed and modified herein. The plaintiff Martha Shirkey, appellant, commenced this action against Keokuk County; Ned Wood, J. Forest Embree, and Fred X. K...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430552/
I agree with the opinion that the lower court was right in sustaining the demurrers of Keokuk County and the Board of Supervisors, but believe that the demurrer of the employee of the county, Kelly, should have been overruled. In the majority opinion reliance is placed upon the case of Hibbs v. Independent School Distr...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430555/
This appeal concerns itself with rulings of the trial court (1) on plaintiff's motion to strike certain paragraphs from the answer of defendant Sorensen, and (2) on plaintiff's demurrer to the same subject-matter alleged in Counts 4 and 5 of the counterclaim. A brief statement of the pleaded facts will make plain the i...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430556/
The question presented is whether section 682.23, Code, 1946, denies to the district court the power to authorize the investment of trust funds by a guardian in securities not mentioned in said section. Like the trial court we answer in the negative. The guardian of the incompetent stated in his application that he has...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430557/
I am unable to agree with the majority opinion. On an analysis of section 682.23, Code of 1946, it seems there need be no contradiction in its terms, nor is it necessarily ambiguous. But even if ambiguous it should be resolved in a different manner than proposed by such opinion. The section provides first that all prop...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430558/
On the 30th day of June, 1921, Albert E. Bunnell and Matie Bunnell, husband and wife, executed a mortgage to the Citizens Savings Bank of Avoca, Iowa, covering the north half of the southwest quarter and the southeast quarter of 1. REFORMATION the southwest quarter and the south half of the OF northwest qua...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430559/
This case comes here on appeal from the judgment entered by the district court of Iowa in and for Cerro Gordo County. The defendant was charged, on information filed by the county attorney, with the crime of lewd, lascivious acts with a child under the age of sixteen years. He appeared in open court upon arraignment, e...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430567/
I. The electors of defendant Consolidated School District voted to issue schoolhouse bonds. The plaintiffs contend that the election was illegal because the special meeting of the board of directors at which the election was called was 1. SCHOOLS AND attended by only four of the five directors, and SCHOOL that ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430568/
On the first day of September, 1925, the defendants Ed Leclere and Maye L. Leclere executed unto the plaintiff their promissory note in the sum of $20,000, secured by mortgage upon certain real estate situated in Linn County, Iowa, and the plaintiff in this action asks judgment on the same against them. They also ask p...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430570/
1. Corporations: ISSUANCE OF STOCK FOR LESS THAN PAR: LIABILITY OF THE HOLDERS FOR UNPAID BALANCE: THE RULE DISCUSSED AND APPLIED. The directors of a corporation have no power to issue stock for less than its par value, or with an understanding that the unpaid balance shall not be called for; and to do so is a fraud up...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211996/
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALVIN MOJICA, ...
01-03-2023
06-10-2016
https://www.courtlistener.com/api/rest/v3/opinions/3212002/
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT D.L.S., a child, ...
01-03-2023
06-10-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211021/
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A15-1518 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430571/
I believe the foregoing opinion to be radically and fundamentally wrong, and for that reason I cannot allow it to pass without expressing my dissent. The opinion on the original submission of the cause was concurred in by four members of the court; and, although it is true that the case has been elaborately argued upon...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430573/
It is conceded by the parties to this cause of action that the plaintiff was an independent contractor and the case was submitted to the jury on this theory. This being true, it is not necessary to spend any time in a discussion of this question. Plaintiff was a master plumber and had been such for 18 or 20 years. He w...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430590/
During the transactions about to be related *Page 912 each of the parties to this action owned a business building in Fort Dodge. Plaintiff's building was equipped with a steam heating plant. On August 13, 1926, these parties entered into a written contract. Therein plaintiff agreed to furnish, from his heating plant,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430599/
The record shows that four razors, two or three pair of scissors, combs, strops, and a mug were released as exempt. We do not understand plaintiff to resist the defendant's right to the exemption of his proper tools as a mechanic, under Section 11760, Code of 1924, and we think that such resistance could not be success...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430601/
On March 1, 1917, the defendants Bowers executed unto the defendant Duncan their promissory note in the sum of $15,750, which, according to its terms, became due on the 1st day of March, 1924. To secure the payment of said note, the makers executed unto the payee a real estate mortgage upon certain real estate situated...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430664/
The note sued on herein was for $5,000, and was in the usual form, but contained a provision reading as follows: *Page 373 "We expressly stipulate and agree that our homestead is and shall be liable for the payment of this debt." The answer of the defendant Ellen Phillips is a general denial; a special denial that the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430665/
Joshua G. Williamson died testate, June 16, 1907. His will, dated October 10, 1904, was duly admitted to probate. The wife of William G. Williamson died November 15, 1896. William G. Williamson, one of the devisees, around whose devise this cause gravitates, died June 24, 1924, leaving no child born to him. The claiman...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430550/
Plaintiff, appellant herein, Martha Shirkey, brought suit against Keokuk County, and against Ned Wood, J. Forest Embree and Fred X. Kendall, members of the Board of Supervisors of said County, and William Kelly. Suit was commenced on the 24th day of November, 1936, and later a substituted petition was filed in said act...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430554/
This appeal involves the sufficiency of count 2 of plaintiffs' amended petition, filed July 8, 1944, and an amendment thereto. Said count states in substance that the two plaintiffs are daughters of defendant, Claus Schwitzer, who is past eighty-eight years old, of unsound mind, and incompetent to manage his property a...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430563/
This cause was submitted upon a stipulation of facts, from which it appears that, on or about the 1st day of May, 1921, the appellee borrowed $500 from the appellant, and executed and delivered to the appellant his promissory note 1. CONVERSION: for said amount, and, to secure the payment acts thereof, delive...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430564/
Reginald S. Tracy and Mabel B. Tracy were married in 1902 and lived together as man and wife until October 3, 1934, when she was murdered by her husband, Reginald S. Tracy, acting through an accomplice. Reginald S. Tracy was indicted for murder in the first degree, to which he pleaded guilty and, under the judgment of ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430566/
The plaintiff commenced this case in the municipal court of the city of Des Moines, Iowa, in the petition setting forth it was the owner of a note on which there was $168 due, the note being secured by a chattel mortgage upon certain household goods and personal property, and that the chattel mortgage was duly filed fo...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430740/
I. It is said that the evidence is insufficient to sustain the verdict. The evidence for the State tended to establish the following facts: Appellant was cashier of the Chester Savings Bank. Henry Bloss had, at some time prior to February 21, 1923, executed a note to the bank for $400. This note appellant had sold and ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430743/
This action, as said in the preliminary statement, was brought by the plaintiff-appellee, the Federal Land Bank of Omaha, a corporation, to obtain, first, judgment on a promissory note; and, second, the foreclosure of a real estate mortgage. The note for $20,000 was signed on March 7, 1924, by the defendants-appellants...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430745/
In the first instance, the plaintiff charged a conspiracy, entered into by the defendant Farquhar and the 1. INSURANCE: First National Bank of College Springs, of which insurable Farquhar was president, and one Wells, one of interest: the policyholders of the plaintiff, to defraud negativing the plaintiff by...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430746/
The land involved in this controversy is situated to the east and north of the Missouri river, within the lines of Pottawattamie county, and is described as the northeast quarter of the southwest quarter, the northwest quarter of the southwest quarter, and the southwest quarter of the southwest quarter of section 24, t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430747/
[1] On March 1, 1920, defendants, Anna B. Zapf (and husband, now deceased), J.P. Foley and wife, executed to plaintiffs, John and Henry Warnecke, their promissory note for $20,000 secured by a mortgage on two hundred acres of land in Clayton county. On April 1, 1942, the guardian of the Warneckes filed in the district ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4031279/
NUMBER 13-16-00359-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ ALLYSON R. OLIVER AND WILLIAM C. OLIVER, Appellants, ...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4141875/
OFFICEOFTHEACTORNEY GENERALOFTEXAS AUSTIN Eoncr&bleB. T. valten county Auditor 8mith county Tyler, Texar Dear Sir: Tour rrrqueat ro aen reaelvoa ana osrcfully 6oniuiider.d by t we quota tm...
01-03-2023
02-18-2017
https://www.courtlistener.com/api/rest/v3/opinions/3211915/
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION ...
01-03-2023
06-10-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211012/
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A15-0829 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/4323149/
Order entered October 18, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00770-CV DOW JONES & COMPANY, INC., Appellant ...
01-03-2023
10-22-2018
https://www.courtlistener.com/api/rest/v3/opinions/1116165/
197 Kan. 567 (1966) 419 P.2d 896 THE STATE OF KANSAS, Plaintiff, Appellee, v. LeROY GARBER, Defendant, Appellant. No. 44,583 Supreme Court of Kansas. Opinion filed November 5, 1966. E. Dexter Galloway, of Hutchinson, argued the cause and was on the brief for the appellant. Richard J. Rome, county attorney, argued the c...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/3430674/
The three appeals taken from the action of the Mills County supervisors to the district court by the respective plaintiffs and appellants, Chris Christensen, B.E. Lincoln, and Chicago, Burlington Quincy Railroad Company, a corporation, were consolidated for trial purposes. Each appeal presents the same issues and fact...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430675/
This action was commenced by the plaintiffs alleging that they were the owners of the fee title to certain real estate in Scott County, Iowa, and the appellees herein, the lien claimants, were made parties defendant together with others. Other defendants, Charles P. Wolf and one Nehlsen, and possibly others, defaulted ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430687/
The note and mortgage in suit bear date November 10, 1921. Some of the items claimed by the defendants and *Page 719 allowed by the court antedate the note, in that they accrued in the year 1920. The other items claimed by the defendants accrued in the years 1921 and 1922. The general nature of the items claimed by th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430596/
In May 1920 William Schmitz died, his will was probated and his sons John and Tony were appointed executors. Clause III of the will devised a one-hundred-sixty-acre farm to his son Will and daughter Marie Hargarten, subject to a charge of $100 per acre. They accepted the devise, mortgaged the land for $14,000 and early...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430667/
On June 13, 1940, the will of Edna Myrtle Grange, dated August 5, 1939, was filed in the office of the clerk of the district court of Clay county. The will was contested by Vera G. James, the sister of decedent and the only living member of her family, on the ground that testatrix was mentally incompetent. There was tr...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430668/
1 PRINCIPAL AND SURETY: Bond — Construction — Who May Sue. A surety company bond, prepared by the company itself, must be strictly construed against the company. So held where the principal in the bond, in contracting for the construction of a public improvement for a municipal corporation, agreed (a) to pay for all ma...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430686/
I. The information upon which defendant was tried and convicted is as follows: "That said La Verne Schenk on or about the 19th day of April, A.D. 1942, in the County of Benton and State of Iowa, did, with Cato Noeller and Robert Abernathy and others, to the undersigned unknown, conspire together to wrongfully and unlaw...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430739/
Complainant is hereinafter designated as plaintiff. The child in question was born June 13, 1948, the son of an unmarried female, Donna Jean Dale, who was fifteen years of age on February 2, 1948. The complaint in this action was filed April 28, 1948, and defendant filed answer on May 17, 1948, denying paternity. The c...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430748/
This action in equity is to reform a warranty deed executed by appellees Jacob A. and Lydia A. Miller on March 1, 1922, conveying certain tracts of land situated in Tama County to appellant. By the express terms of the deed, appellant assumed and agreed to pay an existing mortgage on the land, of $10,000. It is alleged...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430676/
This opinion is substituted for an earlier one reported in 13 N.W.2d 705, which was withdrawn and a rehearing granted on September 23, 1944. This defendant (Clarence Wilson) and his two brothers, Glenn and Albert, were jointly indicted as principals for the murder of Harry Bolden. A separate trial was granted to each. ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430677/
Milton R. Sterner, a resident of Springville, Linn county, Iowa, died testate on March 28, 1930, and his will was admitted to probate on April 16, 1930. Under the provisions of this will his widow received the homestead property and a life estate in other property, and, subject to this life estate, all the remainder of...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430679/
The appellant is a corporation, organized under the laws of this state, and engaged in the retail business of marketing groceries, meats, and food commodities in the city of Des Moines. It is not engaged in the occupation of operating 1. DRUGGISTS: a pharmacy or drug store, and does not have in sale of its empl...
01-03-2023
07-05-2016