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https://www.courtlistener.com/api/rest/v3/opinions/3431827/ | This action was instituted in 1935 by the holders of certain drainage bonds issued by Osceola county, for joint drainage district No. 3, Dickinson and Osceola counties, Iowa. The defendants are the members of the Board of Supervisors, the Auditor and the Treasurer of Osceola county.
The action is in equity, the princip... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431828/ | Section 598.14, Code, 1946, is as follows:
"Alimony — custody of children — changes. When a divorce is decreed, the court may make such order in relation to the children, property, parties, and the maintenance of the parties as shall be right.
"Subsequent changes may be made by it in these respects when circumstances r... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431830/ | This proceeding in this court finds its origin in an application for order filed by the petitioner through his attorney in the respondent court on the 9th day of October, 1929.
It appears that the petitioner, John R. Hoskins, on the 9th day of October, 1929, and for some time prior thereto, was an inmate of the State P... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431832/ | Appellees have filed no brief and argument and we have been to the labor of ascertaining whether there exist any rules of law in this state which sustain their contention. We have found none.
Appellees' claim is accurately stated by appellants in argument as follows: *Page 845
"The Plaintiff Appellees object in partic... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431833/ | On December 10, 1926, the defendant Joe Cordaro was indicted by a Polk County grand jury for the crime of uttering a forged instrument. Thereafter, during the January, *Page 226
1927, term of the Polk County district court, Cordaro was convicted by a jury, and later, the district court sentenced him to serve a term of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431834/ | The controversy involved herein is a continuation of one which was adjudicated by this court in 1931. For our former opinion, see Kurth v. Continental Life Ins. Co., 211 Iowa 736,234 N.W. 201.
In our former opinion, we pointed out that the suit is based on a life insurance policy containing a provision for the payment ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431835/ | This is the third occasion upon which this appellant has invoked the jurisdiction of this court herein. For our prior decisions, see State v. Ferguson, 222 Iowa 1148, 270 N.W. 874; Ferguson v. Bechly, 224 Iowa 1049, 277 N.W. 755. The facts developed at the trial herein are so similar to those developed on the first app... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431836/ | The grand jury of Osceola county returned an indictment against the defendant-appellant charging him with the *Page 1322
crime of larceny from a building in the nighttime under section 13008 of the 1931 Code. The defendant was tried and convicted of the included offense of larceny, was sentenced to the state reformato... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431838/ | The appellant in this action has been for several years the general sales representative of Wilson Co., the appellee. It appears that Wilson Co. is a Kansas corporation, engaged in the meat packing business, and that it employed the appellant as its representative in the state of Iowa. His duties included soliciting ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431839/ | [1] Anna Kubin, a resident of Tama county, Iowa, died February 3, 1941, leaving as her sole blood relative and heir at law her grandson, George Kubin, appellee herein. She carried a life insurance membership for $1,000 in Western Bohemian Fraternal Association, a fraternal beneficiary association of Iowa. The beneficia... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431840/ | The note in suit is for $3,000, was executed April 15, 1922, by appellees to A.W. Richardson, and became due in one year after date. On January 20, 1924, the note was transferred by A.W. Richardson to J.M. Richardson by appropriate indorsement on the back thereof. This action was commenced June 3, 1924, in the name of ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247153/ | Saris, C.J.
INTRODUCTION
Plaintiff Kimberly Sheppard was fired by Defendant 265 Essex Street Operating Company, LLC ("Essex") on January 5, 2015. She brought this action against Essex, two of her former supervisors, Frank Silvia and Beth Fearon, and HealthBridge Management Company.1 See Docket No. 8 at 1.
In her origin... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3431841/ | At about 10 o'clock on the evening of May 16, 1940, appellant was seated at the south end of the Corner Cafe in the town of Doon. While there, the prosecuting witness, Kersbergen, and Bernard Mann, hereinafter referred to as Red, came in and took seats in booths arranged along one side of the restaurant. Shortly after ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/1817627/ | 440 F.Supp. 8 (1977)
Henry LEVNO, Gladys L. Levno, Albert Swanson, Eva Swanson, Verner King, Polly King, Soren Jacobson and Charlene Jacobson, Plaintiffs,
v.
UNITED STATES of America, Internal Revenue Service, and District Director for the District of Montana, Defendants.
No. CV-75-123-BLG.
United States District Court... | 01-03-2023 | 10-30-2013 |
https://www.courtlistener.com/api/rest/v3/opinions/3218131/ | In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-16-00191-CR
____________________
KARIM ISAM ANABTAWI, Appellant
... | 01-03-2023 | 06-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431896/ | This suit was commenced by the plaintiff, Mary Calendro formerly Mary Fracobins. Subsequently, Lorenzo Natalini intervened, claiming an assignment from the plaintiff. As their rights are identical in so far as the fund here sought is concerned, we will consider the case as though the original plaintiff were the only pl... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431879/ | The appellant here is the paving contractor who constructed the paving improvement. By its contract with the city, it agreed to accept the assessment certificates to be levied by the city council in full payment for its work, and to waive claim for any part of the compensation to be paid out of the general fund of the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431846/ | In the beginning, a suit was commenced in equity by W.S. Anderson, a stockholder of the J.J. Dunnegan Construction Company, against the executrix of the will of J.J. Dunnegan, and said construction company to recover, in behalf of the corporation, moneys to which, it was claimed, the construction company was entitled, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431849/ | The plaintiff, Susie A. Converse, brought this action against the defendant, Charles C. Converse, for a divorce and alimony. The record shows that the parties were married on January 13, 1915, and continued to live together as husband and wife until May 21, 1936, and that at the time the petition was filed on May 28, 1... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431850/ | On November 2, 1933, the city council of the city of Des Moines passed an ordinance prohibiting the parking of automobiles for more than one hour upon streets within certain parts of said city. Guy A. Miller was charged with having violated said ordinance on four different occasions, to wit, January 2, April 4, April 5... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431851/ | M.H. Cohen, W.L. White heirs, and Len Harbeck are the owners of certain business property on one of the corners in the retail business section of the city of Des Moines. The assessor fixed the value of the property at $339,500. The plaintiffs, who are lessees of the said property, filed an objection with the defendant,... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431853/ | I. The record situation in this case is: This petition was 1. CORPORA- filed on the 21st day of February, 1927. On TIONS: March 4th following, defendant entered an foreign appearance by his attorney, demanded a jury corpora- trial, and the case was duly assigned for trial tions: right at 9 o'clock A... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431854/ | Trial was had on a county attorney's information, accusing the defendant, Albert Grimm, and one Eugene Toney of the crime of assault on Glen H. Sweet, with intent to inflict great bodily injury. Grimm was tried separately, the trial resulting in a verdict of guilty, as charged. The trial court, however, submitted in th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431855/ | There is presented on this appeal a controversy as to the extent of the liability of plaintiff insurance company for taxes for the year 1934. During that year numerous residents of Iowa paid to plaintiff varying amounts in consideration of receiving plaintiff's written undertakings to pay annually to such persons, resp... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431857/ | Plaintiff and A.C. McMinimee were married November 14, 1943. He died March 8, 1946. Each had been previously married, had children, and owned substantial property. Decedent's first wife, mother of defendants, appellants herein, died April 6, 1943; plaintiff's first husband, March 25, 1931.
It is conceded by all that th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431858/ | I am unable to agree with the majority opinion and therefore respectfully dissent.
Plaintiff-appellee is the surviving spouse of A.C. McMinimee, who died intestate. He is survived by children of a former marriage, who are defendants-appellants. Prior to the marriage of appellee and decedent they entered into an oral an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431859/ | DISSENT: Miller, C.J., and Sager and Bliss, JJ.
Horace V. Jeffrey filed an application in the District Court of Pottawattamie county, Iowa, asking that court to set aside its order appointing Louise Skinner Rainey, as guardian of the person and property of Louis Welborn Skinner, a minor. Mr. Jeffrey was a resident of D... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431860/ | I am unable to concur in that portion of the opinion of the majority which reverses the decision of the trial court and respectfully dissent. I think the court had jurisdiction to appoint a guardian of the minor's person as well as his property. I would affirm the decision in its entirety.
The proposition with which I ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431861/ | Plaintiffs in their petition allege the corporate capacity of the defendant bank and the agency of the defendant Schluter, acting on behalf of said bank; that, on and prior to January 3, 1927, the defendant bank was the owner and holder of a certain sheriff's certificate, covering certain described Story County real es... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431863/ | The plaintiff-appellee, Mortemoth Company, alleges in its petition that it sold the defendant-appellant a quantity of "moth-proofing" crystals for a named price, and delivered the property designated, according to the contract. 1. SALES: Continuing the allegations in its petition, the warranty: appellee state... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431864/ | By agreement of the parties, the two actions designated in the caption were consolidated in the court below and are so presented to this court.
There is but one question involved, namely, whether or not, under the terms of a certain deed of conveyance, the grantees took title as tenants in common or as joint tenants wi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431865/ | In December of 1932 the Metropolitan Life Insurance Company of the city of New York, a corporation, commenced an action in the district court of Humboldt county, Iowa, against Howard S. Van Alstine and others, including Ben Abben, receiver of the Gilmore Exchange Bank, Gilmore City, Iowa, for the foreclosure of a real ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431866/ | At the conclusion of the taking of testimony in the divorce suit against the present plaintiff, in which he had filed a cross-petition, the presiding judge indicated his opinion that the plaintiff in that suit (one of the 1. JUDGMENT: defendants in this suit) was entitled to vacation: divorce, and suggested that... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431868/ | On June 22, 1932, defendant Monson obtained a justice-court judgment against plaintiffs. On June 22, 1942, it was transcripted to the district court. Plaintiffs (judgment defendants) bring this suit to enjoin its enforcement, claiming that it was barred by the ten-year statute of limitations, section 11007, subsection ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431871/ | The very earnest argument made by defendants in support of petition for rehearing has had the consideration of the court in re-examination of applicable equitable principles and authorities.
That the policyholder is a creditor from the date of his policy, see In re Assignment of Rea, 82 Iowa 231, 238; Nichols v.Harsh, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431875/ | Theodore E. Lindeken, the husband of the claimant, was a boilermaker who had been in the employ of the defendant *Page 646
company for about 12 years. At the time of his injury, he lacked a few months of being 62 years old. He was about 5 feet 6 inches tall and weighed approximately 165 pounds. He had never lost any t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432073/ | The remedy asked for is the equitable one of specific performance. The letter which, as a contract, is sought to be enforced by specific performance does not, on plaintiff's own evidence, correctly express the agreement and intent of the parties, which were that defendant "would agree to repurchase or take it [the secu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431878/ | The defendant, Marion Moss, occupied the premises of plaintiff, consisting of a quarter section of land in Sioux county, Iowa, for the year ending March 1, 1931, under a written lease, the stipulated rent being $10.00 per acre, which was fully paid. He continued to occupy the premises for the two succeeding years, and ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431880/ | The case was submitted on an agreed statement of facts, the substance of which is as follows:
On the 27th day of February, 1931, defendant Reuben A. Wagle was the owner in fee of lot 5, Maryland Acres of Urbandale. On that date he sold said property to Glenn L. and Elma Rain, husband and wife, under a real estate contr... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431882/ | William J. Reed died April 3, 1926, leaving surviving his widow Sarah, and four children, two of whom are the appellant and the appellee herein. All the property in dispute was derived by the widow through the will of her husband. Much of the record deals with his state and the controversy had therein. This testimony h... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431884/ | I. The petition in this action, which was filed January 22, 1925, charges the appellant with keeping and maintaining a liquor nuisance in a building situated on Lots 5 and 6, Block 11, in the city of Des Moines. It was proven upon the trial 1. INTOXICATING that, on the evening of January 8, 1925, LIQUORS: appellan... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431885/ | Defendant contracted with the city of Des Moines to construct a sewer. The city had not acquired an intermediate section of the necessary right of way. When the construction work reached that place, the defendant was required to cease continuous construction and resume the work at the upper side of the non-acquired rig... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3212305/ | THE THIRTEENTH COURT OF APPEALS
13-15-00081-CV
Juan Gabriel Espronceda
v.
Sylvia Sue Handy Espronceda
On appeal from the
Coun... | 01-03-2023 | 06-11-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431910/ | The admitted facts are that Paul V. Reilly owned fifty shares of the capital stock of the J.W. Turner Improvement Company, Incorporated, and in 1906 became a director and the secretary thereof. The corporation was engaged in the business of general contracting for the construction of public works, such as sewers, pavin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431911/ | The indictment in this case charged the defendant with the crime of perjury, committed upon the trial of a case in the district court entitled State of Iowa v. DeLong. The indictment in that case charged the defendant with operating a motor vehicle while intoxicated. The basis of the charge of perjury is that the defen... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431914/ | This appeal is occasioned by reason of a habeas corpus proceeding brought by the appellant, William S. Bicknell, who at the time of the commencement of this action was held by Sioux City and Woodbury county, Iowa, authorities on an extradition warrant issued by the Governor of the State of Iowa. The appellant asserted ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431916/ | We are grateful to counsel for the concise and systematic manner in which they have presented what would otherwise have been a very formidable record.
The Iowa State Savings Bank finally closed its doors on the evening of April 17, 1924. A receiver was appointed. Some 25 or 26 claims for preference, aggregating $41,870... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431917/ | The Mechanics Metals National Bank, the Metropolitan Life Insurance Company, and the State Bank of Omaha have filed petitions for rehearing. The first two contend 8. BANKS AND that the preferences allowed to them should be BANKING: established against all of the assets coming liquidation: into the possession o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247155/ | TIMOTHY S. HILLMAN, DISTRICT JUDGE
Background
Arthur Burnham ("Burnham") has filed a complaint against the Commonwealth of Massachusetts, Magistrate K. Candito, the Chief Probation Officer of the Dudley District Court and Jane Doe1 and Jane Doe 2, who are employees of the Dudley District Court, alleging claims under 42... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3216945/ | IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
TYRONE WILLIAMS, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. ... | 01-03-2023 | 06-24-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432071/ | Carl Scharpff, one of the defendants, purchased a mercantile business from the plaintiff, Alfred Price, in 1913, giving his note for $1,700 in part payment thereof. This note was reduced to judgment in October, 1933, for a balance of $932 then due thereon.
In 1919, after incurring said indebtedness by the husband, the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432072/ | I. This action is brought in equity, to compel the specific performance of an alleged written agreement to repurchase a certain note and mortgage negotiated by appellant *Page 286
1. SPECIFIC to appellee on November 6, 1919. The alleged PERFORMANCE: agreement, written upon the stationery of contracts appellant... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432075/ | The questions presented on this appeal arise in connection with two claims filed by Florence Graves against the estate of May Hill, deceased. May Hill died December 4, 1930, leaving a will in which W.N. Graves, the husband of Florence Graves, was named as executor. Upon the probate of the will W.N. Graves was appointed... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431960/ | I. The evidence in this case is not in dispute. The correctness of the rulings of the court which it is claimed 1. INTOXICATING were erroneous, and upon which a reversal is LIQUORS: asked, is raised by objections to testimony and nuisance: exceptions to the court's instructions. instruc- Primarily, the basi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431964/ | Appellee, the Farmers Mutual Hail Insurance Association of Iowa, is incorporated under the laws of this state, and has its principal place of business in the city of Des Moines. The policy in suit was issued June 28, 1920. The 1. INSURANCE: loss occurred July 5, 1922. The loss to mutual asso- appellant's crops was t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431966/ | Chariton Finance Company filed its petition *Page 465
at law in Lucas county alleging that the Farmers Mutual Hail Insurance Association had issued a policy of fire insurance covering a certain Chevrolet truck and that said truck had been destroyed by fire, and that there was attached to and made a part of the insuran... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432076/ | No question is raised over the right of the plaintiff to foreclose for the loans of $20,000 and $16,000 respectively, made at the time the mortgages were given. The question is whether the following printed stipulation found in each mortgage should be eliminated, namely:
"It is expressly agreed that this mortgage shall... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432077/ | Arthur E. Hazeldine and Grace King were married in 1920 and in October 1930, their marriage was dissolved by a decree of divorce. Mary E. King is the mother of Grace King and of James Ernest King. After her divorce from Arthur E. Hazeldine, Grace King married a man named Hugh, and her name appears in the record as Grac... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211032/ | 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
A15-1857
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4033725/ | IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
TREVOR BERNARD SMALLS, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. ... | 01-03-2023 | 09-14-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432112/ | The facts in the case are stipulated. At the time of the transaction between Hannahs and the West Point State Bank, such bank was a going concern. Prior to these transactions, the West Point Bank had a correspondent known in the record as the "Burlington Bank." The Burlington Bank had become the creditor of the bank of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432113/ | At the time of the injury in question, Ruth Denny was a girl about fifteen years of age. In August of 1907 she was living at Cedar Rapids in this state, but was contemplating a visit to St. Louis, Mo. She was acquainted with one E. W. Penny, who was then an employee of the defendant railway company. On learning of Miss... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432114/ | [1] This is an appeal from an order of the district court of Dallas county vacating a judgment of dismissal and reinstating the case on the calendar. In January, 1930, plaintiff, a corporation, commenced its action against the defendant for an amount claimed due under a written contract. Defendant filed answer and the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432067/ | This action in equity was instituted June 6, 1935, on a $4,500 note of defendants, made in 1927, and due December 1, 1931, and a mortgage on 43 acres of farm land given to secure said note. The original mortgagees were one Siemsen and wife, from whom plaintiff alleged the note and mortgage were assigned and transferred... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432068/ | Appellant presents one proposition for our consideration, which is thus stated in argument:
"The Court erred in sustaining the defendant's motion to withdraw from the consideration of the jury as a ground of actionable negligence paragraphs 17 and 17-A of the plaintiff's petition.
"Said grounds of actionable negligence... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431953/ | Plaintiff in this case brought an action in the district court of Warren County, Iowa, for forcible entry and detainer to recover possession of a farm. Defendant filed answers admitting the corporate character of plaintiff, denying each and every other allegation of the petition, and claiming he had a lease.
The case w... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431962/ | This case was originally determined in an opinion filed March 15, 1938, 278 N.W. 342. Petition for rehearing was granted and the matter is now before us for consideration.
The property involved is what is known as the Flynn building, located at the southeast corner of Locust and Seventh streets in the city of Des Moine... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3431968/ | I find myself unable to agree with the majority and therefore respectfully dissent.
The problem which confronts us is the construction of certain statutes which have not been passed upon before by this court and upon which there is not a great deal of authority in other jurisdictions.
The majority quote the case of Sta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432078/ | The mortgage covered premises owned by defendants Byrne and M.F. First as tenants in common. It provided:
"It is further expressly agreed that this mortgage shall stand as security for any other indebtedness, direct or contingent, that the mortgagee may now hold or in the future during the life of this mortgage acq... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432080/ | A preliminary question involved in this general controversy was previously considered and determined by this court. McPherson v.Commercial Bldg. Sec. Co., 206 Iowa 562. Many of the facts are recited in that opinion.
The Commercial Building Securities Company was organized under the laws of Iowa in January, 1920. Auth... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432081/ | It is not disputed that the property in question is the homestead of the plaintiff. Defendants' contention is that the indebtedness represented by the judgment antedated plaintiff's title. The land was owned by plaintiff's father, but has been in the occupancy *Page 552
of plaintiff as his home for more than 25 years ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4033727/ | IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
SUSAN SETSER, FORMER NOT FINAL UNTIL TIME EXPIRES TO
WIFE, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
... | 01-03-2023 | 09-14-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4047794/ | THE STATE OF TEXAS
MANDATE
TO THE 123RD DISTRICT COURT OF PANOLA COUNTY, GREETINGS:
Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 18th
day of March, A.D. 2015, the cause upon appeal to revise or reverse your Judgment was
determined; ... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432094/ | The appellant owns a farm bordered on the *Page 1230
north by a highway, which is under the jurisdiction of the board of supervisors. The farm to the north of the highway is owned by Tennyson. The appellant seeks to enjoin the appellees from installing a culvert in a swale or draw running in a southerly direction thro... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432095/ | Rebecca Street in Sioux City extends north and south, intersecting with Palmer Street, which extends east and west. The intersection of these streets is not paved. There *Page 1344
is a cement sidewalk on the west side of Rebecca Street, and a cement spur about four feet in length to the east. From the east end of thi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432190/ | Joseph Breza, the appellant's intestate, and the plaintiff at the time suit was brought, made two subscriptions for stock of the appellee corporation, of the par value of $100 per share, for which he agreed to pay $200 per share. On September 2, 1919, he subscribed for 8 shares, and on October 15, 1919, for 15 shares. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432099/ | Appellee subscribed for shares of stock in the Planters Terminal Elevator Company, a corporation then being organized in the city of Des Moines. He executed two notes, representing the stock subscription, one for $7,000 and one for $3,000. The note of $3,000 was sold and transferred to appellant, and the note in suit w... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432100/ | 1. Contracts: RESTRAINT OF TRADE: CONSIDERATION: VALIDITY. The grocerymen of a town entered into an agreement with the plaintiffs not to buy any butter nor to take any in trade, except for the use of their families; providing that such agreement should not prevent any merchant from buying butter to retail from any regu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432084/ | For convenience, plaintiffs will be spoken of in the singular, and the defendants, unless otherwise indicated, *Page 713
as the bank. We find it unnecessary to deal at length with the proceedings which resulted in the consolidation of the First National with other banks, and this feature will have only incidental atte... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432085/ | I. Briefly stated, this litigation grew out of the following facts: On July 28, 1927, W.C. Taylor executed a promissory note for $4,000, payable January 28, 1928, to C.E. Taylor, and at the same time, and as a part of the same transaction, to secure the payment thereof, W.C. Taylor and wife, Ruth L., executed a chattel... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432086/ | On November 12, 1925, Martha L. Junkin, executrix of the estate of Frank W. Junkin, deceased, entered into a written contract with Fred W. McClain, under the terms of which she sold a certain business building located in the city of Fairfield, Iowa. The contract provided that McClain was to deed to the seller certain l... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432088/ | Claimant, W.A. Griffith, married a daughter of Frank Portlock, a retired farmer who died on February 19, 1939. His will, admitted to probate on March 27, 1939, devises a quarter section farm and a dwelling house in the town of New *Page 494
London equally to his two children, Mrs. Griffith and Kineta Portlock "except ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432091/ | This is a suit in equity to vacate a judgment recovered in an action at law and to enjoin the enforcement thereof. The petition contains four divisions. Each division incorporates all allegations of the petition which precede it so *Page 484
that each is cumulative. The petition asserts the following allegations:
(1) ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247156/ | Landya McCafferty, United States District Judge *328Getinge AB, one of the three defendants in this multi-district litigation, moves pursuant to Federal Rule of Civil Procedure 12(b)(2) to dismiss all claims against it for lack of personal jurisdiction. See doc. no. 80. Plaintiffs object to the motion to dismiss and al... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3211097/ | 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
A15-0853
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211067/ | 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
A15-1314
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432101/ | The plaintiff is an Iowa corporation, engaged in the business of generating, transmitting, distributing, and selling electricity for light, heat, and power purposes. It filed a petition with the board of railroad commissioners for a franchise to construct a 6,600-volt transmission line on a highway in Greene County. Th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432102/ | The error of the majority in this case appears to me fundamental. The opinion is predicated upon premises which contravene what would seem to be the clear purpose and intent of the legislature. The primary and first right to the use of the highways is in the public. This right is not subordinate to the claim or privile... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432104/ | The administrator de bonis non of the estate of William Schmitz filed, in the probate proceedings, an application for the construction of decedent's will. The trial court, upon presentation of this matter, found against the contentions of the Society of the Divine Word, which was a beneficiary named in the will and had... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432105/ | It appears from the record that an action of replevin was brought in the district court of Union County by one Early against both plaintiffs herein, and that such action was pending at the time of the events herein complained of; that a writ of replevin was duly sued out in said cause, and was placed in the hands of de... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4073486/ | 152 993 *" '@"‘. _.
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https://www.courtlistener.com/api/rest/v3/opinions/3432149/ | This appeal is from an order overruling a motion in a partition action by John A. Beggs, appellant herein, a nonresident defendant, served with original notice by publication only, to set aside a previous order by the court, approving the referee's report of distribution. It is conceded that appellant did not appear in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432152/ | The county attorney of Madison county, Iowa, filed an information, charging W.R. McLuen and Samuel Morrison with the crime of larceny from a building in the nighttime.
Morrison filed a demurrer, in which he alleged that the information accused him of a crime which is not known to the statutes of the state of Iowa, and ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432156/ | In 1935 the W.B. Ewer Construction Company erected an office building for the Maytag Company in the city of Newton, Iowa. This building stood on the north side of an east and west street. It is faced with stone. The building was erected and the roof put on by September, 1935. There were three foremen on the job, all em... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432157/ | I. Mary L. Brunsdon, appellant herein, and William M. Brunsdon were, at the time of the transactions involved *Page 1101
in this controversy, husband and wife. T.B. Brunsdon is the brother of appellant's husband. Appellant 1. HOMESTEAD: and her husband, on April 13, 1914, obtained a conveyance: contract for a deed... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432161/ | These two cases are submitted under one record. The testimony was made applicable to both machines.
These machines were seized under search warrant, and one G.I. Titus appeared claiming ownership of said machines and that they were not gambling devices. The machines were the ordinary type of slot machine. By dropping a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432162/ | The Iowa Railway Light Company of Cedar Rapids owns and operates an electric light and power plant in the city of Cedar Rapids. For many years prior to 1913, a wooden dam had been maintained across the Cedar River at that place. Prior to the above date, the city had acquired a 59/64th interest in the dam and the dam s... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432163/ | We find it unnecessary in the decision of the questions before us to set out at any great length the facts upon which the parties rely. The record presents the kind of evidence commonly produced in cases of this kind, with the contradictions which are usually found in will contests. It is sufficient for our purpose to ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432164/ | The petition of intervention alleges that the First Savings Bank of Sutherland, Iowa, was incorporated under the laws of the state of Iowa, and for many years had engaged in the general banking business in the town of Sutherland; that there were on deposit in said bank funds of the said incorporated town to the amount ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4302292/ | Order entered August 8, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00297-CV
JACKIE MENYWEATHER, Appellant
... | 01-03-2023 | 08-09-2018 |
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