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https://www.courtlistener.com/api/rest/v3/opinions/3431247/ | Michael Doherty departed this life in August, 1934, leaving a will which was admitted to probate in Clinton County, Iowa. The will directed the payment of debts, funeral expenses, and expenses of administration, and provided for the payment of the following specific legacies: To the Catholic Parochial School at Grand M... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4031290/ | NUMBER 13-15-00611-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
THE STATE OF TEXAS, Appellant,
v.
KENNETH LEE COOLEY ... | 01-03-2023 | 09-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431252/ | The property in question extends from Seventh to Eighth Streets in the City of Des Moines, a distance of 280.5 feet, and from High Street north approximately 234 feet including a part of the vacated portion of Pleasant Street.
The building fronts on High Street and the main part is *Page 277
93 feet deep north and sou... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431254/ | This cause had its origin in a sheriff's jury award made in a certain condemnation proceeding. In August, 1922, the Northwestern Manufacturing Company commenced the construction of a dam across the Des Moines River in the city of Fort Dodge, for the purpose of impounding and raising the level of the water and thereby c... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4318750/ | In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-18-00332-CV
IN THE INTEREST OF T.J.B.-T., A CHILD
On Appeal from the 72nd District Court
... | 01-03-2023 | 10-05-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3431239/ | This action was brought by Harry Junior Samuelson, a minor, by his next friend, to recover from the defendants damages for personal injury suffered by the plaintiff by reason of the alleged negligence of the defendants. A verdict was directed as to the defendant, Cowin, and the action proceeded to a final verdict and j... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431240/ | The plaintiff, Roy B. Woodhull, was the owner of premises on which there was a two-story brick and tile building with basement, and known as No. 122 North Elm street, Creston, Iowa. Under date of the 6th day of October, 1930, plaintiff, by a written lease, rented one-half of the first floor, one-half of the basement, a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431242/ | On the 2d day of May, 1917, defendant insurance company issued a policy of insurance on the life of John B. Jacobson, in which the plaintiff herein was named as beneficiary. On the 11th day of April, 1922, John B. Jacobson attempted to change the beneficiary named in said policy to Viola M. Jacobson, his then wife, in ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431244/ | Appellant and appellee were married in 1892. To this union two children were born, both of whom died in *Page 911
infancy. The first ten years of their married life were spent in farming a tract of land near Prairie City, which 1. DIVORCE: was then owned by the father of appellant. They alimony: later moved t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431245/ | The ultimate question is whether an interest installment of $1,500, due October 1, 1924, for which a certificate of deposit was issued by the Merchants National Bank of Grinnell, and retained by it "in escrow" until after its failure, was discharged or paid thereby; or perhaps, more properly, Who must bear the loss on ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431253/ | The cause was submitted on the pleadings and a stipulation of facts. While none of the facts were disputed certain of them were objected to as irrelevant. It appears therefrom that: Bertha D. Finch, age eighty-eight, died April 10, 1946, a widow without children, natural or adopted, or other *Page 1072
lineal descenda... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4261029/ | 17-1881-cv
Jaffer v. Hirji
In the
United States Court of Appeals
For the Second Circuit
AUGUST TERM, 2017
SUBMITTED: JANUARY 24, 2018
... | 01-03-2023 | 04-04-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3216775/ | STATE OF MICHIGAN
COURT OF APPEALS
UNPUBLISHED
In re M. A. MENCHACA, Minor. June 23, 2016
No. 329638
... | 01-03-2023 | 06-24-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3212191/ | Case: 15-30282 Document: 00513543516 Page: 1 Date Filed: 06/10/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
... | 01-03-2023 | 06-11-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431256/ | These three lawsuits grew out of the following facts: Ray A. Linderson was for many years cashier of the Lockridge Savings Bank, of Lockridge, Iowa. He owned 59 shares of 1. RECEIVERS: capital stock of that bank when it was closed by authority: the state banking department on December 12, compromise 1924. He als... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431258/ | [1] Plaintiff in his petition alleges that Clyde S. Swearingen had been and was at the time of filing the petition engaged in the practice of barbering in this state without a license; that he had failed to apply for a renewal of his license prior to June 1, 1943; that he had failed to apply for and receive a reinstate... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3437330/ | [1] On the 11th day of August, 1927, there was born to the defendant, Agnes Schnack, a girl baby, which child was born out of wedlock. The mother's occupation was that of maid-servant *Page 467
and cook. She had been employed for a number of years in this service and was so engaged at the time of the birth of the chil... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4031303/ | THE THIRTEENTH COURT OF APPEALS
13-15-00345-CV
Norma Alicia Martinez Araujo
v.
Manuel Araujo
On appeal from the
3... | 01-03-2023 | 09-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4043977/ | THE STATE OF TEXAS
MANDATE
*********************************************
TO THE 294TH DISTRICT COURT OF VAN ZANDT COUNTY, GREETING:
Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 21st
day of January, 2015, the cause upon appeal ... | 01-03-2023 | 09-28-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431328/ | The Greene County Savings Bank commenced foreclosure of the second mortgage in April, 1924. It obtained a decree in December of the same year. The decree awarded a 1. MORTGAGES: receivership, under the provisions of the lien and mortgage, for the rental income for the year priority: 1925, and Freeland was app... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431329/ | On July 2, 1942 plaintiff recovered a judgment against defendant in the sum of $150. The action was predicated upon the alleged negligent operation of a motor vehicle by the defendant. On August 6, 1947 defendant moved to set aside the judgment and for an order restraining the Department of Public Safety from proceedin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431331/ | This is an action in equity, to restrain the enforcement of a chattel mortgage, and for other relief. 1. SALES: Considered in the light of established procedure remedies of and the rules governing the same, the nature and buyer: can- scope of the remedy sought are, to say the cellation of least, not easy of as... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431333/ | The petition in this case was filed in the Polk County district court on August 10, 1931. The plaintiff in said petition sought to recover from the defendant the sum of $100,000, with interest, as damages, by reason of the publication of alleged slanderous statements contained in a letter written by the defendant, Earl... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431335/ | 1 Principal and agent: TORTS OF AGENT: EXEMPLARY DAMAGES: LIABILITY OF PRINCIPAL. A principal is liable for the tortious act of his agent committed in the course of his duty and while acting within the scope of his employment, and when he has thus committed a wrong a joint action may be maintained against the principal... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431336/ | This action was instituted in December 1945, for the appointment of a guardian of the property of W.W. Miller under section 670.2, Code of Iowa, 1946 (section 12614, Code of 1939). Plaintiffs are children of defendant. Another son, Clarence, was a witness for plaintiffs, and a daughter, Mary Berney, assisted defendant.... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431337/ | Action in equity to construe the will and codicil of James J. Ransom, deceased, which has been admitted to and is now in course of probate in the District Court of Des Moines County, Iowa. Testator died in 1928. His heirs at law were William O. Ransom (the original plaintiff herein), who was the son of a deceased broth... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431340/ | Schultz, on March 1, 1925, executed to plaintiff a mortgage on his farm. On October 24, 1927, Schultz made a written agreement with defendant Melchert to sell the farm to Melchert, and to deliver deed March 1, 1928. On October 28, 1927, defendant Melchert sold to defendant Merryman a half interest in the land. On Janua... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431342/ | I am unable to agree with the majority decision. I am not much impressed with the argument that in the transaction which led to the signature of the deeds by plaintiff her husband was an agent of the defendant-corporation. It seems a more reasonable view that he was merely putting himself in a position to comply with h... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431343/ | I. The receiver petitioned for removal to the Federal court on the ground that the suit involved "matter of the distribution of the assets of a national bank, and is, in effect, one to establish a preference contrary to Federal law." 1. COURTS: Removal was denied. Plaintiff's petition alleges concurrent that $1... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431346/ | So far as this appeal is concerned, the major question discussed turns upon the construction of the will of said Glandon.
The first item of this will provides for the payment of expenses of his last illness and funeral. The second item reads as follows:
"I will and direct that all tax and mortgage liens owing by me at ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431347/ | This is a law action for damages for personal injuries sustained by S.E. Page on May 21, 1929, when the car in which he was riding was run into and wrecked by a Model A Ford truck, driven by one J.W. Kruckenberg. This is the second appeal in this case. In the first opinion, Page v. Koss Const. Co., which is reported in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431348/ | Appellee P.G. Ratcliffe made, executed, and delivered to the appellant, the Home State Bank of Humeston, two promissory notes. One was for the amount of $200, dated November 7, 1924, and the other $3,450, dated February 12, 1925. Both instruments were due and unpaid at the time this action was commenced by the Home Sta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431349/ | I. The city council of the city of Des Moines, on September 11, 1924, by resolution directed the superintendent of the department of public safety and the chief of police of said city to suspend three police officers, viz., Captain DeVies, 1. MUNICIPAL George F. Dickey, and James H. Dunagan, pending CORPORA- in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431338/ | Defendant Iowa Power Light Company condemned a 100-foot strip across plaintiff's farm for a high voltage electric transmission line. Both parties appealed to the district court from the assessment of damages made by the commission appointed by the sheriff. Upon the appeal plaintiff alleged in his petition that defenda... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431345/ | [1] The Commercial Building Securities Company was a corporation organized under the laws of Iowa, in January, 1920, with a paid-up capital stock of about $300,000. Its business was to buy, improve, and sell real estate. For this purpose the company was authorized to borrow money upon its bonds, and secure the same by... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431440/ | Charles Lewis Richardson for many years prior to his death had been employed by the Commission of Conciliation, United States Department of Labor, and his duties were to proceed to wherever he was ordered to go to mediate and settle disputes between employers and employees.
Late in the afternoon of Saturday, February 5... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431441/ | I. The record herein is somewhat confusing. The note in suit was for $1,500, drawn to the defendant Reed, as payee. It was apparently indorsed in blank by the defendant Reed to his brother, G.L. Reed, and by G.L. Reed to this plaintiff. G.L. Reed died before the bringing of this suit. The 1. BILLS AND original note... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431442/ | Plaintiff's petitions alleged defendants secured from decedent a deed to a certain house and lot in Muscatine, thereafter sold by defendants for $750, also $486.67 in cash and two trust certificates of closed banks representing deposits of $1,424.83; that there was no delivery to defendants of the personalty nor of the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431432/ | I. The appellant presents five specific grounds of challenge to the legislation. These may conveniently be reduced to three: (1) That appellant's Articles of Incorporation and By-laws constitute a contract with the state of Iowa, and that Section 11044 impairs such contract; (2) that such section impairs *Page 51
the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431435/ | The basis of this claim is a promissory note for $2,000, executed on the 16th day of December, 1919, by the defendant's intestate, L.D. Youtz, to the Franklin Oil Refining *Page 87
1. BILLS AND Company of Des Moines, Iowa. During the early NOTES: part of 1920, this note passed into the fraud: possession ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431436/ | On June 20, 1924, the Independent School District of Des Moines entered into a contract with a contractor, James Maine's Son Company, by the terms of which the contractor 1. MECHANICS' was to provide all the material and perform all LIENS: the work for the erection and completion of an public addition to... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431437/ | We will consider the case as if the State Highway Commission were sole defendant. Primary Highway 84, running south from Cedar Rapids to the municipal airport, crosses the North Western railroad tracks which run nearly east and west along, but just outside, the city's corporate limits. Plaintiffs' three residences face... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431443/ | I. In November, 1917, the Wagner Company was awarded a paving contract, known in the record as the "Douglas Avenue Contract," in the city of Des Moines. It thereupon applied to the plaintiff Lion Bonding Surety Company to insure its 1. INSURANCE: performance of its contract. Such plaintiff the issued its b... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431470/ | On October 7, 1933, William A. Owen entered into a written lease with A.W. Harroun, whereby said Owen leased of and from said Harroun the East 100 feet of Lot 1 in Block 9 in Mason City, Iowa, for a period of one year from the first day of November, 1933, for the agreed rental of $1,500 per year, with the option to ren... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431472/ | I. On and prior to April 30, 1919, the plaintiff and her husband (since deceased) were the owners of a 1. PRINCIPAL 197-acre farm, situated in Floyd County. On or AND AGENT: about the same date, they listed the same for undisclosed sale with one Soesbe, a banker and real-estate principal: agent. On April 30, 1... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431474/ | I must confess that I am not free from doubt in this case. I concurred in the opinion as originally filed, but on rehearing I am very much in doubt as to the correctness of the original opinion. The supplemental opinion does not altogether answer the troubles that confront me.
We are committed in this state to the doct... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431488/ | The case being reached for trial, and the defendant being present in court, and appearing also by counsel, such counsel made the following application to the court:
"If the court please, we propose to show that the defendant is of unsound mind, and that is under Chapter 648 of the Code, Section 13905 of the 1927 Code. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431558/ | While the defendant-appellant, Mae J. Hammill, owned as a homestead certain real estate in Cedar Rapids, valued at "from $2000 to $3500", she authorized Charles T. Werner, the appellee on this appeal, to perform some work on, and supply materials for, the homestead, which subjected it to a mechanic's lien. Apparently t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431564/ | The case presents only a fact question. The burden of proof is upon the plaintiffs. Fraud is not presumed. The relationship of parents and child between the grantors and the grantee does not create a presumption of fraud. It does require a critical examination of the attending circumstances. Fraud is not committed open... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247150/ | 1. Breach of Contract (Count I)
Quantum avers that plaintiffs' breach of contract claim fails as a matter of law *239because the forbearance agreement contains an integration clause and represents the only agreement between the Trauts and Quantum. Quantum contends that because it is undisputed that two of the six month... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3212203/ | Opinion issued June 9, 2016
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-16-00015-... | 01-03-2023 | 06-11-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431653/ | [1] This cause has been submitted to this court on the clerk's transcript of the record pursuant to sections 13998 and 14010, Code, 1939. Examination of the record, as shown by the clerk's transcript alone, discloses no error which would warrant or require a reversal. The clerk's transcript includes a motion for new tr... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431654/ | The plaintiff-employee sustained an injury to his right index finger. In the treatment of the injury in the *Page 791
first instance, amputation was made at the first joint, the distal phalange being removed. The original injury extended to some extent beyond the first joint. The amputation at the first joint proved i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431657/ | Decedent was a maiden lady, apparently of advanced years, who had been living alone in a large house, and looking after her real property, the extent and character of which do not appear. Claimant, an unmarried English woman, then 30 1. WORK AND years old, a dressmaker, came to the United LABOR: States, got ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431666/ | The plaintiff stopped her automobile because *Page 923
of the unloading of passengers from a street car which she was following. The defendant's truck, approaching from the rear, ran into her car, and caused the injuries complained of. Her claim of negligence is that:
"Said truck was being operated in a careless and n... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431669/ | The original action in the causes consolidated on this appeal was an action for the appointment of a receiver, commenced by the superintendent of banking of the state of Iowa against the United State Bank of Des Moines, Iowa. A receiver was appointed November 24, 1924, and among the claims filed asking a preference wer... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431559/ | Plaintiff is a finance corporation, with its principal place of business at Omaha, Nebraska, engaged in the business of financing automobile paper and other securities, having *Page 679
a branch office in Sioux City, Iowa. The defendant is an automobile dealer engaged in selling automobiles in and around Sioux City, I... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431561/ | On September 13, 1948, the Iowa Electric Light Power Company which held a franchise for the distribution and sale of gas throughout the municipality of Marshalltown filed with the city council an application for an increase of rates for the sale of gas to the citizens. The proposed amendment to the gas ordinance was s... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431562/ | The plaintiff in this action is the administrator of the estate of M.E. Melvin, deceased. The cause of action stated in the petition is based upon the alleged payment by decedent of a mortgage incumbrance upon certain real property in Marshall County which was owned in common by decedent and appellant, and is to recove... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431686/ | I. The indictment charged the commission of the offense on the second day of August, 1925. Myrtle Munro, the prosecutrix, was at that time 13 years of age. The evidence on behalf of the State tended to show that the offense was committed 1. RAPE: near a roadside in the weeds or the cornfield. corrobora- The p... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3212225/ | 11TH COURT OF APPEALS
EASTLAND, TEXAS
JUDGMENT
In the interest of M.A.T., L.B.T., * From the 318th District Court
I.A.T., and R.L.T., children, of Midland County,
Trial Court No... | 01-03-2023 | 06-11-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431566/ | I. A motion in this court to dismiss the appeal has been filed by appellees on the ground that the county officials, defendants herein, are no longer incumbents in their respective offices. If the actions were merely personal actions against 1. APPEAL AND the named officials, there would be merit in the ERROR: ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431688/ | Plaintiff was three and one-half years of age. He had walked with his mother east along the sidewalk on the *Page 209
north side of Sixth Avenue in Grinnell to the west side of Chatterton Street. There they turned south to cross Sixth Avenue, an east-and-west paved street, thirty feet wide from curb to curb. At that p... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431567/ | The controversy in its ultimate motive is one between the children of a generous mother, over their prospective interests in her estate. As is usual in such cases, the parent is torn by the fangs of the filial controversy. The controversy turns upon a certain transaction had on February 7, 1924, an understanding of whi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431568/ | The facts in this case are simple and not in dispute. It is the application of the law to the facts which provokes the litigation.
Sarah F. Keeler died testate, a resident of Des Moines, on the 24th day of August, 1936. Her will was duly admitted to probate in Polk County, and an application was later filed by Clyde H.... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431695/ | The plaintiff's farm comprises 195 acres. A proposed primary road was established upon and through this farm. The following plat will aid in describing the location of the road upon the farm: *Page 685
[EDITORS' NOTE: PLAT IS ELECTRONICALLY NON-TRANSFERRABLE.]
This new road extends from the point F to C, a distance o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431729/ | Carrie Fitch by marriage became Carrie Quigley. She is the mother of Wilmer H. Fitch, who will be referred to hereinafter as Fitch. In 1926, Fitch was the owner of lots 7 and 8, block 3, original town of Bennett, Cedar county, Iowa. At that time he was indebted to his mother for sums of money advanced to him at various... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431733/ | The administration of this estate has provoked considerable litigation, some of which has been before this court. See Equitable Life Assur. Soc. v. Christensen, 225 Iowa 1258, 282 N.W. 721; In re Estate of Christensen, 227 Iowa 1028, 290 N.W. 34.
The will of testatrix nominated her husband, H.N. Christensen, executor a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247152/ | Judith Gail Dein, United States Magistrate Judge
March 14, 2018
I. INTRODUCTION
The plaintiff, Gwendolyn Holland, has brought this action against Select Portfolio Servicing, Inc. ("SPS"), a servicer of her mortgage and attorney-in-fact for MetLife Home Loans, a division of MetLife Bank, N.A. ("MetLife"), and Carrington... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/4042777/ | NUECES COUNTY COURTHOUSE
CHIEF JUSTICE
901 LEOPARD, 10TH FLOOR
ROGELIO VALDEZ
CORPUS CHRISTI, TEXAS 78401
... | 01-03-2023 | 09-28-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431900/ | I find myself unable to agree with the majority opinion and therefore respectfully dissent.
The opinion says:
"Much of the damage to plaintiffs' original farm had already been caused by the separation of the land in the north portion by the railroad right of way through the land long prior to the time of these condemna... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431690/ | [1] Plaintiff was surety on the bond of E.E. Phelps, as administrator of the estate of Ralph V. Taft. While acting as administrator of that estate, he was also the acting and qualified administrator of the William Schliep estate. In January, 1931, Phelps, as administrator of the Taft estate, wrongfully withdrew $2,000 ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431694/ | During the year 1913, there was organized in Harrison County a drainage project known as Upper Soldier Drainage District No. 1. It contained two parts, a main ditch and a lateral known as "A." Those ditches therein were duly and timely constructed in a northerly and southerly direction, and the 1. DRAINS: cost of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431696/ | Divers errors are relied upon by the appellant for a reversal, but, for the sake of brevity, these errors may be classified under three propositions: (1) Prejudicial statements elicited by the prosecuting attorney on the direct examination of witnesses Sheriff Gaughenbaugh and Constable Seath, who made the arrest of th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431697/ | [1] Defendant owns a four-story brick building in Des Moines, at the southwest corner of the intersection of Court Avenue, which runs east and west, and Third Street, which runs north and south. Along the west wall of the building is a public alley paved with brick. Defendant occupied the second and third floors and th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431699/ | The decedent, Charles W. Boles, who was engaged as an independent contractor in furnishing certain electrical supplies and service for the Maytag Hotel of Newton, Iowa, met his death by falling into the pit of an elevator shaft in the Maytag Hotel, on the evening of January 9, 1932. On that date he was furnishing certa... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3212216/ | Opinion issued June 9, 2016
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00415-CR
... | 01-03-2023 | 06-11-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431691/ | This case has been fully argued. It appears, however, from the brief of the State that, since the filing of the brief for appellant, she has died. Though the method of imparting this information to us is somewhat irregular in form, no reason is apparent why the case should be longer carried upon our docket, or consider... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431700/ | I find myself unable to agree with the opinion of the majority and respectfully dissent. The majority's opinion, as I read it, is based upon the question of contributory negligence. In view of the fact that there was a presumption that the decedent used due care, I think the question of contributory negligence was one ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431702/ | In 1922, and prior thereto, the plaintiff, Fred Hay, was a depositor in the defendant bank. On account of illness in his family, he had moved to Fort Morgan, Colorado, in July 1918, and continued to reside there until July 1928, at which time he returned to Denver, Iowa, his former home. Before plaintiff went to Colora... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431703/ | That portion of the return by the respondent to the writ in reference to the presentation of the matter to the district court is as follows:
"To the Honorable District Court in and for Webster County Iowa:
"In the examination on April 10, 1929, of Frank Crosby, who was before the March grand jury of Webster County, Iow... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4067630/ | ACCEPTED
03-15-00174-CV
5648394
THIRD COURT OF APPEAL... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431692/ | I. A question of procedure is raised herein, of which we will first make disposition.
Appellant herein filed his abstract of record, to which there was no certification of attorneys attached as to 1. APPEAL AND the correctness of the same. The appellee filed ERROR: an additional abstract of record, setting out... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431693/ | This is an "icy" sidewalk case. The challenge of the city has to do with the sufficiency of the evidence to sustain the verdict, and the propositions of the appellant upon which reversible error is predicated are as follows: First, that the ice on the sidewalk upon which appellee slipped was *Page 1184
not of the char... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431734/ | Market Street in the city of Ottumwa runs north and south. Appellant is the owner of a building on the west side thereof, which abuts upon the street. Appellant acquired title to the property March 31, 1925, and on April 1st leased it to the S.S. Kresge Company. Long prior to these transactions, the owner of the buildi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431736/ | Action at law by Gertrude Beckley, beneficiary in a policy of life insurance on the life of her husband, Ray Beckley, to recover double indemnity for his alleged accidental death. The defendant insurance company paid the face of the policy but contended it was not liable for double indemnity. The policy recites that th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431758/ | This action was commenced against E.A. Schade, the duly elected, qualified and acting Auditor of Mills County, by the Choate Publishing Company (a co-partnership operating under the trade name of Glenwood Opinion-Tribune); Lena Bays Gater (operating under the trade name of Silver City Times); and Allen Wortman, adminis... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431759/ | Sophia Jensen died, owning 16 1/2 acres of land, a cemetery lot worth $10, household goods worth about $100, cash on deposit in a bank amounting to $632.11, and holding a policy of insurance on her life for the sum of $500. She left a will, which was duly admitted to probate, which, in addition to directing that her fu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431760/ | I. The appellant insists that the evidence is insufficient to sustain the verdict, and that his motions, made at the close of the State's evidence and at the close of all the evidence, for a directed verdict of not guilty, should have been 1. INTOXICATING sustained. The evidence is uncontradicted that LIQUORS: sal... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431762/ | The action is against the defendant city to recover for personal injuries alleged to have been received by plaintiff by falling upon a sidewalk negligently permitted to be in a defective and dangerous condition. The petition was filed December 28, 1923, and the injury was alleged to have occurred on March 21, 1923. No ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431764/ | On August 7, 1937, appellee Kent, a man forty-eight years old, was driving a truck containing a concrete "mix" on a construction job near Belle Plaine in this state. Appellant's duties are thus accurately described by appellees:
"His job as his testimony shows, was that of a grade checker. That means that it was his jo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431765/ | This is an appeal from an order of the district court sustaining a writ of certiorari. The plaintiff, appellee, is a legally organized independent school district, and the defendants, appellants, are the Superintendent of Public Instruction, the County Superintendent of Schools, and one M.J. Baker, who was employed und... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431822/ | This appeal has developed by reason of an action brought in the guardianship proceedings of Dan Lyons wherein he sought to set aside and vacate an order of the district court of Chickasaw county appointing a guardian for *Page 970
his property. Thereafter the issues raised by the pleadings filed in this action were br... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431893/ | The disputation herein arises out of the following facts:
Alice L. Graham died testate on the 13th day of February, 1924, in Fulton County, Illinois. Her will was duly admitted to probate in that county, and later, as a foreign will, in Pottawattamie County, Iowa. She was the owner of large tracts of land in Pottawatta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431894/ | The plaintiffs are executors of the estate of Ross Hall
Skillern, deceased. In his lifetime Skillern took out two policies of accident insurance with the defendant company, each in the sum of five thousand dollars, one of which policies was issued July 2, 1930, being No. BP 100921, and the other being No. BP 100955, is... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431897/ | 1. Fraud: MEASURE OF DAMAGES. A party sold a lot of sheep, representing them to be free from any disease, and especially such as "foot-rot" and "scab," which representations were false; and other sheep owned by the purchaser became diseased, because of the diseases above mentioned, imparted to them by the unsound sheep... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431899/ | This proceeding was commenced by the State Highway Commission for the condemnation of certain land running through plaintiffs' farm for the construction of Highway No. 88. The commission, appointed to appraise the damages resulting from the taking of the necessary land for the *Page 679
highway, assessed plaintiffs' d... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431823/ | Amy M. Carpenter died testate in June, 1924, and one F.W. Curtis was appointed executor of her estate. It is claimed that Curtis, as such executor, filed a bond with the *Page 555
1. EXECUTORS proper authorities, and entered upon the AND discharge of his duties. He died December 7, ADMINISTRA- 1925, and ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431825/ | On July 9, 1926, the appellee bank obtained a judgment against the defendant John Moyse in the sum of $8,828.21 and costs, upon which there has been credited the sum of $6,500. The defendant Hans Bremer owns and operates an elevator at Lawton, and in December, 1926, he purchased from John Moyse, the judgment debtor, a ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431826/ | On January 8, 1930, Mrs. Claiborne, by written contract, listed her property with the plaintiff-company for sale. The contract constituted an exclusive listing for the period of six months. The plaintiff made persistent effort to sell the property for a period of about five months, whereupon a new contract was entered ... | 01-03-2023 | 07-05-2016 |
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