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https://www.courtlistener.com/api/rest/v3/opinions/3430681/ | This is an appeal from the ruling of the district court of Polk county, Iowa, in which a writ of certiorari was issued to review the acts of the executive council of the state of Iowa and H.B. Dunlap, custodian of public buildings and grounds of the state, in discharging the plaintiff, Ray Pittington, from the position... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430682/ | The injury to the plaintiff occurred in the early evening of December 27, 1927, on a graded highway, running east and west. The distance from ditch to ditch was about 27 feet, but the traveled portion of the highway was only about 20 feet. Prior to the injury, the plaintiff had been traveling in an easterly direction u... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430684/ | This action was commenced at law, to recover a balance alleged to be due on account. The defendant, appellant herein, filed an answer and cross-petition, praying an accounting. On motion, the cause was transferred to equity and tried, with the result stated. The items of the account sued upon represent merchandise sold... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430685/ | On the 25th day of February, 1929, the appellants filed in the district court of Des Moines county, Iowa, a verified claim against J.D. Smyth and Theodore Kriechbaum, executors of the estate of Dr. J.J. Ransom, for $866.63, with interest thereon. On September 11, 1931, the appellants filed an amendment to their claim, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211003/ | This opinion will be unpublished and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
A15-1358
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430749/ | Plaintiff's truck and the truck of defendant Caviness, driven by defendant Woolums, were engaged in hauling crushed rock on a road-surfacing project for Jefferson county. They collided in daylight on a dirt road. Plaintiff's empty truck was going north to the quarry, up a hill about eleven hundred feet long. The Cavine... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430750/ | This is a suit in equity brought by the vendor (appellee) for the specific performance of a contract to sell real estate. The issues are not as complicated as the facts. In August, 1930, Foft, the appellee, purchased by written contract from certain estate referees the quarter section of land in question. The contract ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430751/ | A preliminary statement of some of the facts is necessary to an intelligent understanding of the question involved.
In July, 1923, the petitioner herein, E.J. Gumbert, executed a promissory note for $508.31 to the American 1. COURTS: State Bank of Walnut, Iowa. Later, the note was jurisdic- duly transferred to... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430752/ | The Indemnity Insurance Company of North America commenced this action at law against L.L. Opdycke and Herman Koehler for the recovery of money which the Insurance Company claimed to have paid on a certain referees' bond executed by Opdycke and Koehler as principals and the Indemnity Insurance Company of North America ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430753/ | I find myself unable to agree with the majority, and respectfully dissent.
The question is whether the two parties who signed the application were jointly and severally liable, or simply severally liable. Whatever liability there is in this case depends upon the construction of this application. Here we have a record w... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430754/ | In 1925 L.C. Barnett owned a life estate in a tract of land embracing about 185 acres in Warren county, Iowa. On the 27th day of August, 1925, the said Barnett and his wife executed a trust agreement and a trust deed in the following language:
"TRUST AGREEMENT
"This memorandum of agreement enter... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430755/ | Sophronia Munsell had lived alone in a cottage in Cedar Rapids in which she had a life estate. Title to the remainder was in her two sons, Marvin of Cedar Rapids and *Page 311
Victor, of Winthrop, Minnesota. Mabel Munsell is the wife of Marvin.
July 9, 1945, Sophronia's money, $10,900, was placed in a joint bank accou... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430757/ | I concur with Chief Justice Morling and Justice Kindig that the instant case should not be reversed by reason of the rulings on the fingerprint evidence. The evidence in this case clearly warrants a verdict of guilty, as found by the jury. The majority opinion is based on purely technical grounds.
The defendant was cau... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430758/ | William C. and Hattie Wilson, husband and wife, on June 1, 1925, borrowed from the Persia Savings Bank, the plaintiff-appellant, $3,300. For the purposes of that loan, the borrowers executed two promissory notes payable to the bank. One, for $600, became due June 1, 1926, and the other, for $2,700, matured June 1, 1928... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430666/ | Defendants, husband and wife, own and operate a farm of over 3,000 acres in Cerro Gordo county. J.E. Risden was the farm manager, with general supervision of the work. Plaintiff, a farm hand then 21 or 22, commenced working for defendants about March 1, 1940. On March 25, 1940, a circular saw was attached, by means of ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430822/ | Madeline Dilliner commenced this action at law against Patrick H. Joyce and Luther M. Walter, trustees of the Chicago Great Western Railroad Company, a corporation, to recover damages on account of an injury that she suffered when an automobile in which she was riding ran into the side of a Chicago Great Western train ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4050445/ | Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
August 18, 2015.
In The
Fourteenth Court of Appeals
NO. 14-15-00669-CR
IN RE DONTHELLE MORENO, Relator
... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430805/ | Appellee is a corporation, which was duly organized under the laws of the state of Iowa in 1901. It is engaged in the production, manufacture, and sale of lumber and kindred commodities. Its capital stock is $400,000, 1. TAXATION: divided into 4,000 shares of the par value of assessment $100 each. The tax sought ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430806/ | On July 28, 1927, the New York Life Insurance Company issued a policy upon the life of Raymond E. McCoy. The first annual premium, amounting to $39.22, was paid on July 28, 1927, and a like sum on July 28, 1928. No subsequent premiums were ever paid. On the 17th of February, 1929, while the policy was in full force, th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211993/ | NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
START TO FINISH ... | 01-03-2023 | 06-10-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4031292/ | THE THIRTEENTH COURT OF APPEALS
13-15-00611-CR
The State of Texas
v.
Kenneth Lee Cooley Jr.
On appeal from the
377t... | 01-03-2023 | 09-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430807/ | Since both parties to this cause rely greatly on the case of Witmer v. Polk County, 222 Iowa 1075, 270 N.W. 323, we may shorten this opinion by a reference to that.
Defendant-appellant claims that the case is not controlling because of its differences from the one at bar. Appellees, on the contrary, insist that its eff... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430808/ | For some time prior to the accident resulting in his death, Reuben L. Bolon delivered coal to various customers for John W. Amond, using his own team and wagon, and receiving 80 cents per ton for his services. The orders for coal were received at Amond's office, and a duplicate weigh check given to Bolon, with directio... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430811/ | The parties to this action are each approximately 55 years of age. They were married in 1895. Prior to the marriage, appellee was employed as a domestic in the home of the mother of appellant. After the marriage, the parties lived on different farms until they acquired one of their own, where they still live. Eight chi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430815/ | DISSENT: Stiger and Mitchell, JJ.
This suit is brought to determine whether or not the plaintiff, J.B. Tusant, is entitled to the office of city assessor of Des Moines, under the provisions of chapter 60, Code of 1939. An appeal was brought by plaintiff in the district court of Polk county to review the action of the t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430849/ | The appellant was indicted, tried, and convicted in Davis County, of the crime of assault with intent to commit murder. The verdict was returned on the 22d day of February, 1929. The district court of said county adjourned sine die
1. CRIMINAL the following day. At the time when the verdict LAW: was return... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430850/ | Plaintiff, as payee of a promissory note, sues the defendant, 1. BILLS AND as maker thereof, to recover the sum of $1,000, NOTES: with interest, attorney's fees, and costs. On actions: the trial, plaintiff introduced the note, and sufficiency rested. This was his legal privilege. Bigelow v.
of proof. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430851/ | One A.A. Waite operated a farm located on the Lincoln Highway, between Logan and Woodbine, in Harrison County, which farm was owned by George and A.J. Coe. Waite had a herd of hogs on said farm, and in October, 1925, certain of the hogs were missing. Defendant, Abner Bohall, lived on a farm some eight or ten miles dist... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430852/ | The plaintiff was the assignee of the Davenport Savings Bank, which was the mortgagee in the mortgage sued on. This mortgage was for $4,000, bearing date March 1, 1922, and covering a 100-acre farm located in Madison County, near Winterset. The mortgage of the cross-petitioner was for $3,000, bearing the same date and ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430854/ | The check under consideration was in the following form: *Page 819
"Pulaski, Iowa, 1-21-1926 No. The Bank of Pulaski Pay to the order of Hazen Spears [Writer's italics] $173.25 One Hundred Seventy-three 25-100 Dollars For Three stears Ross ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4141876/ | .. -
Honorable James Vi.Stravm
county attorney
'NillacyCounty
Raymondville, Texas
%ar Sir; Opinion No. O-4466
Re: Whet is the legal status of
a politioal subdivision in a
... | 01-03-2023 | 02-18-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/4140554/ | ?_FFiCEOFTIiE ATTORNEYGENERAL OFTEXAS .-
AUSTIN
SROVERSELLERS .’ .
*~~.RNEI GENERAL
bar ‘Sir:
. ,;,
JGmrable T. Y. Trlinble- page 2
~~nde~fsn&entSchool.District, the adriaiatrative . .
ofriaas or wh... | 01-03-2023 | 02-18-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/3212284/ | COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00254-CV
DEBORAH LOGSDON APPELLANT
V.
KERRY OWENS ... | 01-03-2023 | 06-11-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3212151/ | UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS
Airman Basic STEVEN M. CHAPMAN
United States Air Force,
Petitioner
v.
... | 01-03-2023 | 06-10-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4051158/ | ACCEPTED
03-14-00645-CV
3959715
... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430895/ | The defendant, Arthur H. Landes, was charged in a county attorney's information with the crime of rape upon one Evelyn Conrad, a female child under the age of 16 years. He pleaded not guilty, and upon the trial of the case, after the state had rested, he moved for a directed verdict of acquittal. This motion was sustai... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430897/ | The West Chester Savings Bank brought this action at law against the defendants on two promissory notes. The defendants are husband and wife, J.D. Dayton being the husband and F.M. Dayton being the wife. For the purpose of the present discussion it is sufficient to state that the petition contains only allegations usua... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430898/ | Appellant owned a 12-passenger automobile bus used to transport an orchestra. On May 26, 1938, the bus, traveling on the highway from Cedar Rapids to Iowa City, collided with an automobile in which plaintiff, Elizabeth Staggs, was riding. This action at law was brought against said bus owner to recover damages on accou... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430903/ | This case was originally before this court and a reversing opinion rendered in Tinley v. Chambers Implement Co. et al., 243 N.W. 381. A rehearing was granted and that opinion is hereby withdrawn.
[1] The only question raised in this case is whether or not the deceased was guilty of contributory negligence as a matter o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430909/ | Defendant Hofer, age thirty-six, and one Larson were prisoners in the men's reformatory at Anamosa. Each morning they were taken in an automobile by John Hinz, foreman of the prison cheese factory, to work there. When the day's work was done Hinz returned the prisoners to the reformatory. They had planned to escape whi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430911/ | I. This is an action to recover the value of certain liberty bonds which appellee alleged were deposited with the Fairfield National Bank, at Fairfield, Iowa, for safe-keeping, and which the bank is alleged to have converted to its own use. After the action was commenced, and before the trial, a receiver was appointed ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430914/ | The instant action involves a claim in probate against the estate of Joseph W. Kiefer, deceased. It is alleged that the amount claimed is due the plaintiff by reason of a sale by decedent of a Stephens automobile owned by plaintiff. The defendant-executor answered (1) by general denial, and (2) by plea of settlement. P... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430915/ | Appellant, Emma J. Leonard, brought this action against the City of Muscatine on account of injuries from a fall upon a sidewalk. Trial to a jury resulted in verdict and judgment in favor of defendant. Hence this appeal.
Appellant's petition recited that she stepped upon a portion of sidewalk which was raised and out o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430916/ | The plot of ground involved here is an area marked "levee" on the plat of Clinton, Iowa. It is a rectangular *Page 948
plot located along the Mississippi River side of the city. The plat referred to is the original plat of the town of Clinton filed by the original owners, the Iowa Land Company, in 1855. Over the years... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430966/ | Count I of plaintiff's petition alleges that plaintiff's five-year-old intestate was killed on October 2, 1943, by a truck driven by defendant Seilhamer while intoxicated and with the consent of defendant Haegg Roofing Company, the owner thereof. The action as against the owner is predicated on such consent alone. Spec... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430848/ | The plaintiff, Farmers Savings Bank of Wilton Junction, was duly incorporated in Iowa in 1904. The defendant, C.C. Kaufmann, since its incorporation had been its president, a member of its board of directors, and a member of its loan and examining committee, until January, 1922.
The instant action is to recover judgmen... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430853/ | The petition alleges that the assessment against the lots in question was in excess of the benefits conferred, and greatly exceeded 25 per cent of the actual value thereof; that such over-assessment was intentionally and willfully made and constitutes fraud. It further alleges that assessment certificates based upon th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430855/ | I agree that the judgment entered in this cause should be affirmed, but I prefer to base the affirmance on other and different grounds. It was incumbent upon the drawee-bank (plaintiff) to prove that the indorsement of Hazen Spears was a forgery. There is no record evidence that the man who presented the check to the d... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4070195/ | AFFIRM; and Opinion Filed May 28, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00962-CR
No. 05-14-00963-... | 01-03-2023 | 09-30-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430900/ | The plaintiff is the administrator of the estate of Wilhelmina Ege, deceased, who, on November 11, 1929, died as the result of injuries received by her two days before in the collision of an automobile, driven by the defendant, Born, with a light spring wagon, driven by the decedent. The defendant, LaPrell, owned and o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3210786/ | NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No. 15-3296
____________
UNITED STATES OF AME... | 01-03-2023 | 06-08-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3212020/ | FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SEAN BERNARD RUNNINGEAGLE, No. 07-99026
Petitioner-Appellant,
D.C. No.
v. CV-98-01903-PGR
CHARLES L. RYAN, Director,
Arizona Department ... | 01-03-2023 | 06-10-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4031286/ | THE THIRTEENTH COURT OF APPEALS
13-16-00201-CV
A New Hope Health Care, Inc. and Esperanza Pena
v.
Gisel Garcia
On appeal from the
Coun... | 01-03-2023 | 09-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430902/ | Opal Kirchner, wife of a Baptist minister, living in northern Missouri, in 1934 was twenty-one years of age, and the mother of one child. She was suffering from a retroverted uterus, an eroded and encysted cervix, appendicitis, and dysmenorrhea. She consulted Dr. Grace Gray, an osteopathic physician of Kahoka, Missouri... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430910/ | This is an action in equity in which the plaintiff sought to enjoin the defendant city of Marengo, Iowa, and the county treasurer from advertising, offering to sell, or selling certain real estate in the city of Marengo, Iowa, for the purpose of collecting certain special assessments levied thereon, and asked that such... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430968/ | On August 8, 1934, plaintiff recovered judgment against the defendants, Peter E. De Vries and Minnie De Vries, for sum of $17,020.19, with 8 per cent interest per annum from the 31st day of July, 1934, and for costs in the amount of $54.50, which judgment was made a lien upon certain premises described in a mortgage gi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4031261/ | NUMBER 13-16-00036-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
CIRINO PASTOR VILLAFANA-VARGA, Appellant,
... | 01-03-2023 | 09-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4141883/ | ! -.
‘_ 5i
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Tour rotter O?
our opialoa the ioll
-1 .
Honorsblo XurphP Qle, Page a
18 used in aooordanae with the tame and oon-
Qitionr above set out, ... | 01-03-2023 | 02-18-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/1782847/ | 163 So. 2d 442 (1964)
A. C. RIGDON et al., Plaintiffs-Appellees,
v.
MARQUETTE CASUALTY COMPANY et al., Defendants-Appellants.
No. 10162.
Court of Appeal of Louisiana, Second Circuit.
April 1, 1964.
Rehearing Denied April 30, 1964.
Writ Refused June 26, 1964.
*443 Morgan, Baker, Skeels & Coleman, Shreveport, for Marquet... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/3430953/ | [1] On December 11, 1940, appellant instituted this suit and secured possession of the automobile by writ of replevin. The petition alleges appellant's qualified ownership of the automobile as the owner and holder of the conditional sale contract and note of date October 5, 1940, executed by appellee as conditional pur... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430954/ | The proceedings herein were instituted pursuant to sections 11984 and 11985 of the Code, 1931. Section 11984 provides that if an executor fails to make any payment in accordance with an order of court, any person aggrieved thereby may, on 10 days notice to him and his surety, apply to the court for judgment against the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430955/ | Fred Bonk died intestate August 24, 1917, a resident of Lyon county, Iowa. He left surviving him his wife, Fannie Bonk, and four minor children, Eilert, Bernice, Aletha and Mae, aged 15, 13, 11 and 3, respectively. He was a farmer and owned, at the time of his death, 400 acres of land in said county encumbered with mor... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430956/ | Plaintiff is the owner of certain lots situated at the northwest corner of southeast Fourteenth Street and Hartford Avenue in the city of Des Moines. The land is low, and it appears that a ditch on private property had been 1. MUNICIPAL constructed parallel to the west line of CORPORA- southeast Fourteenth Stre... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430957/ | The real estate mortgage in question covered two parcels of land aggregating 240 acres, of which 160 acres were situated in Cedar County, Iowa, and 80 acres in Scott County, Iowa.
It is conceded that a special execution issued and that on October 25, 1930, the amount then due on the first, or plaintiff's, mortgage was ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430960/ | I. The notes in suit were signed by Clark Brothers and the individual members of the firm and their wives. The defendants herein comprised the firm and one partner and his wife. For convenience of discussion, we shall refer to the defendant in the singular number. The affirmative facts relied on as a defense may be sta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430961/ | I respectfully dissent to the affirmance of this cause. I feel that an injustice is done to the rights of the appellants by reason of a misinterpretation and misapplication of the law in reaching the conclusion announced by the majority opinion. Until a question is settled authoritatively, it is never settled, but rema... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4322644/ | 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 | 10-19-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3431032/ | A brief summary of the facts out of which this controversy arose will enable us to better understand the legal question involved. Among the assets which came into the hands of M.E. Clapp, Receiver of the Mills County National *Page 1271
Bank of Glenwood, Glenwood, Iowa, was a note in the principal sum of $2,151.48, be... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3430958/ | Shelley Cowman was convicted by a jury in Story County, Iowa, under an indictment charging him with the crime of larceny from a building in the nighttime. The material part of said indictment is as follows:
"The said Shelley Cowman on or about the 13th day of March [1946] * * * did steal, take and carry away 238 carton... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431154/ | The principal proposition to be determined is whether or not liability on the depository bonds in question ceased at the expiration of the county treasurer's term, or whether, so far as concerns deposits made during the authorized period, responsibility of the sureties continued thereafter until the designated bank rep... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431159/ | The basis of the suit is a stipulation in the accepted application by defendants to plaintiff for contractor's bond, whereby defendants agree "to pay to the company upon the execution of the said bond, if it be a final contract bond * * * $1,066.26 in advance for two years and $1,066.26 annually in advance thereafter" ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431164/ | I am unable to distinguish the case before us from the Marathon
case; but, in studying this case in connection with the Marathon
case, I have become convinced that the decision of that case is wrong. That decision was based on Section 3825-a of the Code Supplement of 1913, which was a general receivership statute, and,... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431214/ | [1] As the appeal is presented the chief complaint of the plaintiff against the decree of the court is that it charges her share in the joint property with one half of the enhanced value thereof, which increase in value was found by the court to have resulted from improvements placed on the ground and paid for by the d... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431220/ | [1] The victim of the alleged murder was Claude Meade, who was shot by the defendant. The shooting occurred in a barn upon the fair grounds of Winneshiek county. The defendant claims that the shooting was done in defense of his grandson, whom Meade was pursuing with a pitchfork, and whom he drove out of the barn at the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431224/ | I. The lessor now urges that the court below neither as a court of probate nor of chancery had jurisdiction to 1. EXECUTORS entertain the application, in that "authority to AND carry on the contract was not asked as an ADMINIS- incident of the administration of the estate, to TRATORS: close up the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431225/ | Levee District No. 11 was established in 1909. The district embraces about 4,000 acres of land, and the levee as constructed is between six and seven miles in length. In 1912, the levee broke in three places. It again broke in the year 1915 and in 1916. In June, 1918, the levee broke again. Various meetings were held i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431228/ | This action was originally instituted against the National Surety Company, the surety on the bond of Hanson, as county treasurer of Emmet County, to recover a shortage in the accounting of the county treasurer in the sum of $21,724.60, with interest and costs. The defendant Surely Company answered the petition, and fil... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431230/ | Defendant Albert Martinsen was the equitable owner of land in Page County, Iowa, which he had purchased on contract from defendant T.H. Read. On the 28th day of January, 1931, he leased this land to defendant John J. Chancey for one year, March 1, 1931, to March 1, 1932, for a rental of $3,000.00, taking a written leas... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247149/ | GORTON, J.
This case involves a dispute about coverage under an insurance policy and, specifically, whether the owner of a speed boat is indemnified with respect to a purported boating accident that occurred in Boston Harbor. Kevin & Donna Maclean ("plaintiffs" or "the Macleans") seek a declaratory judgment that Travel... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3431185/ | On August 16, 1929, W.H. Williams was appointed administrator of the estate of Isabelle H. Foster, deceased. At that time he was cashier and managing officer of the Citizens State Bank of Earlham, Iowa, and so continued until the 6th day of September, 1930, when this bank closed and a receiver was appointed. This admin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3216744/ | Order Michigan Supreme Court
Lansing, Michigan
June 22, 2016 ... | 01-03-2023 | 06-24-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431152/ | Bert Vilas and his son, doing business as a copartnership under the firm name of Vilas Son, are engaged in the produce business at Storm Lake, Holstein and Sioux Center. Each of the partners filed an individual income tax return, as provided by chapter 82 of the Acts of the 45th General Assembly. Bert Vilas reported t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431155/ | There is presented on this appeal but one fundamental question, and that is whether the claimant-appellee's injury arose in the course of his employment with appellant The Certain-teed Products Company. While thus employed, the claimant, who 1. MASTER AND worked in the capacity of chief engineer, was SERVANT: in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431156/ | On or about November 26, 1926, Nona Harden O'Brien, appellant herein, obtained a decree of divorce in an action against John Edward O'Brien, in which she obtained custody of three minor children, and an order directing said O'Brien, the defendant, to pay the clerk of the district court of Wapello County the sum of $35 ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431158/ | The statutory provisions involved in this case are all set out in Cook v. Hannah, 230 Iowa 249, 297 N.W. 262. The factual situation here is also similar to the one in that case. The distinction attempted to be made by appellant between that case and this will be referred to later.
Code section 7164 provides that the co... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431161/ | [1] The submission herein consists of two appeals that have been argued and submitted together. One appeal challenges the court's decision, which annulled a writ of habeas corpus that had been issued on petition of Louis Burry. The other appeal challenges a similar decision regarding a writ that had been issued on peti... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431162/ | Appellant is the owner of certain real estate subject to taxation in Marshall County. Appellee Gilbert is the county treasurer of said county. On or about March 29, 1926, the appellant ascertained the amount of the first half of the taxes assessed against his property in said county for the year 1925, the amount being ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431163/ | There is involved in this case the question of the right of an independent school district having funds on deposit in an insolvent state bank to be preferred over other depositors in the distribution of the assets of the bank in the 1. RECEIVERS: hands of the state superintendent of banking, as allowance receiver... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431167/ | The petition averred that the plaintiff-bank had become insolvent prior to April 21, 1927; that, on that date, under the supervision of the state banking department, it transferred all its assets to the Farmers Savings Bank of Slater; that the said Farmers Savings Bank of Slater assumed the 1. BANKS AND payment of ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431187/ | The case of McCloud v. Bates et al. was tried in the district court of Delaware county, Iowa, and decree was entered, dismissing the plaintiff's petition. Plaintiff appealed to the Supreme Court of Iowa and the cause was reversed. See McCloud v. Bates, 220 Iowa 252, 261 N.W. 766. Procedendo was duly issued and filed in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431189/ | Ida B. Korner, deceased, obtained judgment against Charles D. McKirgan. The appellants are the husband and the adult daughter of said Ida B. Korner, and are her sole *Page 516
heirs at law. The appellants procured an execution to issue on said judgment, and levy of the same was made by garnishment of Anderson. Charles... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431221/ | [1] Both mortgages in this case cover the same land. It is not claimed that either contained in the granting clause a chattel mortgage provision. Both mortgages contained, remote from the granting clause, a pledge of the rents, issues, and profits to the payment of the mortgage debt and a stipulation that in event of f... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431227/ | Plaintiff-appellant has been engaged in the practice of dentistry since 1906. The last ten years he has confined his practice to plate work only. He owns and maintains a chain of five dental offices in Iowa. It has been his practice to advertise extensively through the newspapers by means of narratives or short stories... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431229/ | Appellant is a resident of the city of Oskaloosa and has for many years been engaged in the business of making and selling photographs in said city. Having entered into a contract with a local theater to furnish it photographs of children living in said city to be displayed at said theater, he employed four persons to ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431194/ | We confine our attention to the defense that by contract limitation the action is barred. The certificate sued on declares that no suit or proceeding "at law or in equity shall be brought to recover any benefits under this article after six months from the date claim for said benefits is disallowed by the Supreme Execu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431199/ | The facts in this case are stipulated. H.J. Switzer died testate on October 11, 1921, leaving his surviving spouse, Cornelia Switzer, and two children, Mary May Morris, forty-one years of age, and Charles Clyde Switzer, thirty-nine years of age, both married and still living. The only children of Mary May Morris were B... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431200/ | Decedent, Ralph Birch, transported and sold products of defendant by truck on a regular route. On July 24, 1938, on his return trip, Birch was traveling south on the west side of a graveled highway. There was a ridge of gravel about twelve inches high and twelve inches wide made by a road scraper on the west side of th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431215/ | On August 29, 1932, the appellant, Smith Huxley, owned the land in controversy, an unincumbered fractional eighty acres of land in Montgomery county, and also an adjoining forty acres across the road in Cass county. It was also clear. He also owned another farm of one hundred and forty-two acres in Montgomery county on... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431217/ | The certificate sued on contains the following proviso:
"I agree that my disappearance or long continued absence, unheard of from my family or place of residence, shall not be regarded as evidence of my death, or of any right to recover under my certificate, until after the expiration of my expectancy of life, accordin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431243/ | Testator, John Telsrow, a bachelor, age seventy-six, died March 16, 1944. He left as heirs two sisters, Matilda Telsrow, age sixty-one, and Emma Korthaus, age seventy-one; three brothers, Louis, age seventy-three, Ed, age sixty-nine, and Gus, age sixty-four; four children and five grandchildren of testator's brother Wi... | 01-03-2023 | 07-05-2016 |
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