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https://www.courtlistener.com/api/rest/v3/opinions/3432254/ | The will of Henry Jurgens, admitted to probate in 1922, provides:
First. Devises certain real estate thereafter sold by testator during his life and not here in question.
"Second: I give, devise and bequeath all the rest of the property of which I shall die seized to Fred W. Jurgens, as my executor in trust, for the pu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432259/ | I. Appellant argues that the appeal from the board of review 1. TAXATION: was not the proper remedy. This question is assessment: settled by Griswold Land Credit Co. v. County
error: of Calhoun, 198 Iowa 1240, and by First Nat.
exclusive Bank of Montezuma v. Board of Review, 199 Iowa procedure to 1124. c... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432167/ | [1] The action was commenced in 1935 and has pursued its unhurried course to this hour. It comes to us *Page 34
now with no issue of fact involved on the appeal but only legal questions of procedure and exercise of judicial discretion.
The case, originally at law but by agreement transferred to equity, involved many m... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432204/ | On December 18, 1930, plaintiff commenced an action on account against the defendant Wearmouth, in which an attachment was issued and the Jasper County Savings Bank was garnished. Judgment was entered against the defendant and the garnishee for $14.40. The garnishee only appeals. The lower court certified an appeal.
Th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432205/ | This action was brought by Devere McCann, seeking to recover from defendant, Iowa Mutual Liability Insurance Company of Cedar Rapids, a judgment rendered in favor of plaintiff against H.R. Downey, in the district court of Boone county, on March 21, 1939, on a verdict of a jury for injuries sustained in an automobile ac... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432206/ | Plaintiff, T.J. Shoemaker, as administrator of the estate of J.H. Augustine, commenced this action to foreclose two real estate mortgages executed by the defendants, 1. BILLS AND N.A. and Gertrude Ragland, husband and wife, to NOTES: J.D. Plumb, and assigned to Augustine. The assignment: chronology of the ca... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432236/ | The above-named bank at Sioux City closed its doors and a receiver was appointed for it in December, 1931. In March, 1932, a petition in equity was filed alleging the insolvency of the bank; that its assets, plus the one hundred per cent assessment on all stockholders, would not produce sufficient to pay the debts of t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432238/ | This is an action to vacate a judgment and *Page 1115
for a new trial, and is based upon Subdivision 2 of Section 12787 of the Code of 1924, which is as follows:
"For fraud practiced in obtaining the same."
The original judgment was entered in the district court of Keokuk County, at the February, 1925, term thereof, a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432239/ | The evidence tends to show that on the night of April 22, 1933, two strange men entered a store operated by Mr. Maurer, and, at the point of a gun, held up and demanded money from Mr. Maurer, and Mr. and Mrs. Anderson, employees in the store. One of the men took $2 from Mr. Anderson, $15 from Mr. Maurer, and the other ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432241/ | On the 9th day of January, 1933, a petition for a writ of habeas corpus was filed in the district court of Lee county at Fort Madison, Iowa, in behalf of James Davis, the appellant. The petition alleges that James Davis is now illegally imprisoned and restrained of his liberty by the warden of the penitentiary without ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432242/ | The real estate involved herein is known as the Stratford Hotel in Des Moines, Iowa. Defendant bank acquired title thereto in 1934 following foreclosure of a mortgage. The property is used as a hotel. Defendants John and Kate M. Rolfsema have operated the hotel continuously since 1931 and were in possession as tenants ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432244/ | The legal question involved in this case arises out of a sheriff's sale under special execution of an eighty-acre farm, forty acres of which constituted the homestead of the defendant. Prior to the date of the sale, the defendant caused notice to be served upon the sheriff demanding that he sell the nonhomestead forty ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432245/ | I find myself unable to agree with the foregoing opinion, for the following reasons:
This is an action to foreclose a real estate mortgage upon an eighty-acre farm, forty acres of which constituted defendants' homestead. A decree of foreclosure was duly entered and a special execution issued thereon. Prior to the date ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432246/ | [1] Plaintiff in his petition prayed judgment against the defendant for $15,000. Defendant, in answer to the petition, admitted that plaintiff was injured while riding in defendant's automobile as the latter's guest but denied that any injuries received by plaintiff were caused by any recklessness in defendant's operat... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432247/ | The Citizens Bank of Pleasantville, Iowa, was a private bank owned and operated by a copartnership. Some time shortly after the 11th day of August, 1930, the defendant H.H. *Page 495
Browne was appointed receiver of said bank in an action brought against said bank by Miles Galvin et al., as plaintiffs. On August 11, 1... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432248/ | The plaintiff, appellant, is an inmate of the State Hospital for the Insane at Independence, Iowa, and the defendant is the superintendent of said institution. Plaintiff's claim is that since his confinement in that institution on or about *Page 1285
the 4th day of March, 1929, he has been restored to sanity, and is t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432249/ | Brice L. Clutier filed an application in probate alleging that he is a nephew and the only prospective direct heir of W.E. Brice, the incompetent ward; he is incapacitated, because of illness, from obtaining employment; he has no income or other means of support for himself and his wife; his wife is seriously ill and u... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432250/ | I do not approve of the conclusions reached in the majority opinion and the pronouncements therein made, and therefore respectfully dissent. The filing of a dissent, in the main, is a futile judicial effort. However, justification for the submission of a dissent may be found in one of the following reasons: It often gi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432251/ | This case was brought by the plaintiff, Hazel M. Gisin, against the Farmers Automobile Interinsurance Exchange, in the municipal court of the city of Des Moines. The petition stated that the plaintiff was a resident of Des Moines, and that the defendant was a reciprocal insurance company with its principal place of bus... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432252/ | I. The property involved in the partition suit was the former homestead of John and Elizabeth Turner, the former of whom held the legal title thereto. John died testate in 1. CONVERSION: 1904, survived by his wife, Elizabeth, and by equitable his four children, parties hereto. The property conversion: in question... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432253/ | Plaintiff and her family had moved from Schleswig, Iowa, to California. Her son-in-law, Melvin Hedberg, who remained temporarily at Schleswig, talked with V.M. Shearman, defendant's agent at Schleswig, about shipping to plaintiff fourteen boxes and crates containing her household goods. Shearman *Page 651
was told Hed... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432264/ | [1] The facts are not in dispute. The controversy arises over the application of the provisions of this statute to the situation before us. The Commission contends that the employment relation of the appellee and Brumbaugh was such that the latter was within the benefit coverage of the statute, while it is the contenti... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432278/ | I am unable to agree with the majority opinion. The opinion is inconsistent with our former holdings in the cases to which reference is made. This court is committed to the rule that the word "permanent" should be given its ordinary meaning, that is to say, that permanent disabilities are such as will last through life... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4302235/ | 17-2405-cr
United States v. Alston
17-2405-cr
United States v. Alston
United States Court of Appeals
FOR THE SECOND CIRCUIT
______________
... | 01-03-2023 | 08-09-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3432279/ | The Plaza Hotel and the Chamberlain Hotel, both in the city of Des Moines, were included in the same condemnation action by the United States Government. In Boss v. Polk County, 236 Iowa 384,19 N.W.2d 225, we had before us the question of whether the Chamberlain Hotel, taken by the United States Government for use duri... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432281/ | On October 7, 1927, W.H. Quinlan instituted an action in the municipal court of the city of Des Moines against M.J. Harding, on a promissory note for $357.58, and Harding was duly notified, and appeared. Twelve days thereafter, to wit, on October 19, 1927, Harding was adjudged a bankrupt in the Federal Court of the Sou... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432282/ | Plaintiff is a Delaware corporation doing business through an office in the city of Des Moines, engaged in buying and selling municipal and other securities. It furnished the assessor a schedule under date of December 31, 1929, showing securities in the amount of $195,126.66. The plaintiff concedes that its investment ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432330/ | The appellant, Ethel Bloomfield, was born in the year 1892. She was the daughter of Frank Bloomfield and his then wife. Bloomfield and his wife were divorced in the year 1896, and on the 26th of June, 1906, he was married to appellee herein. There was no child resulting from the second marriage, and appellant was the o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432258/ | I. The Farmers Merchants Savings Bank of Mt. Pleasant, Iowa, closed its doors and passed into the hands of the superintendent of banking, as receiver, on June 6, 1924. The claimants, 68 in number, each deposited in the said bank certain 1. BAILMENT: Liberty bonds, which deposit, as they assert, elements: was fo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432260/ | A rehearing was granted in this case, the former opinion being found in 235 N.W. 37, which opinion is hereby withdrawn.
[1] The Farmers National Bank was the owner and holder of a note executed by the defendant, Kate Hughes, dated Nov. 7, 1925. The bank went into liquidation, and this note, with others, was turned over... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432261/ | It must be found on this record that immediately prior to April 10, 1929, the Farmers National Bank, or the plaintiffs as its trustees, had a cause of action against the defendant on promissory notes upon which plaintiffs could then have maintained this action; that no discharge in bankruptcy has been granted and there... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432262/ | Appellee filed a motion to dismiss this appeal because of total failure to observe Rule 30, which motion was submitted with the case. That there must be some attempt, at least, to comply with Rule 30 of this court in presenting an appeal in a law case has been pointed out so often that no citation of authorities is nec... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432263/ | [1] The accident under consideration occurred about 10 o'clock on the night of July 19, 1930, on Main street in the City of Lyons. On the evening in question the plaintiff and a young lady companion were riding for pleasure in the automobile of the plaintiff. Main street extends east and west and is a part of the Linco... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432266/ | The case was tried below upon a stipulation of facts from which it appears that the parties were unable to agree upon an amount to be paid as damages for the right of way; that, following their failure to so agree, appraisers were appointed 1. EMINENT by the county auditor to assess the damages; DOMAIN: that... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432267/ | [1] On October 19, 1942, the appellant, Albert Wilson, and his brothers Glenn and Clarence were jointly indicted by the grand jury of Mahaska county for the crime of murder, in that they did "wilfully, deliberately, feloniously, and with premeditation and malice aforethought, and with specific intent to kill, murder on... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4054882/ | 50 6th Judicial District Court
Albert M. McCaig, Jr., Judge
www .Court506.com Court Coordinator
Susie Schubert
... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432314/ | The indictment in terms charges the appellant with the crime of rape, and alleges that the act was committed upon the prosecutrix, who "was then and there a female idiot or a female naturally of such imbecility of mind or weakness of body as to prevent effectual resistance." The appellant moved for a directed *Page 624... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432315/ | I. On the afternoon of March 26, 1926, E.L. Miller and Guy Bean, special investigators of the bureau of investigation, connected with the office of the attorney-general, purchased a quart of intoxicating liquor of one Henry 1. INTOXICATING Smoger, in the public highway not far from his LIQUORS: residence, in Jaspe... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432317/ | I. Plaintiff brings this action, as trustee in bankruptcy of the estate of Lilly Cleland, a bankrupt, to have two instruments canceled and set aside, — one dated November 26, 1920, purporting to be a mortgage given by appellant 1. HOMESTEAD: alone to her father, James Fisher, upon the east abandonment: 74 acres of t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432318/ | On February 1, 1918, Clark Brothers executed to Iowa Title
Loan Company a number of promissory notes ranging in amounts from $500 to $2,000 each, aggregating $10,000, and to secure them executed the mortgage in suit, containing the following provision:
"The lien of each note to be of equal grade and neither inferior t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247158/ | GUSTAVO A. GELPI, United States District Judge
Plaintiff María Gazco-Hernandez sued Defendants Peter Neffenger, Secretary of the Department of Homeland Security, and others for discrimination based on age, religion, and sex, as well as hostile work environment due to sexual harassment, and retaliation. (Docket No. 3). ... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3432320/ | The collision occurred within the city of Des Moines, shortly after 1 o'clock in the morning of Christmas Day, 1940. The rough drawing following will aid in describing how and where the collision took place.
[1] The railway track shown is a part of the Douglas Avenue car line, which extends north and south along the ea... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432324/ | For some years before 1921, the American Bonding Casualty Company was a corporation at Sioux City, engaged in the surety and insurance business. It appears that the American Bonding
Casualty Company consolidated, or attempted to consolidate, with the Chicago Bonding Insurance Company, at Chicago, Illinois. During th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432326/ | DISSENT: Hale, C.J., and Bliss, J.
The defendant was charged by a County Attorney's information with the crime of rape. This information, which was filed on May 7, 1940, states in part:
"The said Ernest Howard on or about the 26th day of April A.D., 1940, in the County of Montgomery and the State of Iowa, did rape * * ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432335/ | The plaintiff brought his action at law, aided by *Page 155
attachment. He caused two notes to be seized under the writ, as the property of the defendant, and caused the maker thereof to be garnished. The validity or efficiency of the procedure is not questioned. The contention presented by the defendant under his mot... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211087/ | 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
A15-1032
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432339/ | The transactions involved in this litigation occurred in 1924. The litigation was begun in 1925. The pendency of the litigation has been attended with much mortality, including some of the participators in the transaction and the attorney who brought *Page 92
the action for the plaintiff in the first instance. In June... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432340/ | Plaintiff brought this action to recover damages alleged to have been caused by the negligent parking of defendant's truck on a public highway. The trial court sustained *Page 1145
plaintiff's motion to strike division one of the answer which reads:
"1. That the plaintiff, at the time and place of the accident complai... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432341/ | I. It appears from the petition that the plaintiff is an "educational institution," within the meaning of that statute which pertains to the taxation of real estate and to exemptions therefrom. Its petition is in two counts. In the first count it avers that it is the owner of certain real estate acquired by it on Janua... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432376/ | Plaintiff was the owner of four motor trucks (equipped with pneumatic tires), which he used in the business of transporting freight, under the name of the "Sioux City Motor Express." His headquarters were in Sioux City, and, as we understand it, his place of operation was in Woodbury County and adjoining territory. The... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432325/ | The record does not disclose why the cause was transferred from the law to the equity side of the calendar. The demand for an accounting is not exclusively cognizable in equity. Originally, matters of account which were proper for an 1. TRIAL: action of account were cognizable exclusively at dockets: law; bu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432327/ | This is an original contempt proceeding against Norman Baker, in which he is cited to show cause why he should not be punished for contempt for violating a former decree of this court, enjoining him by himself, agents or employees from practicing medicine in this State. For a review of the historical background of the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432328/ | A.D. Davis, who was a lawyer engaged in practice at Eldora, Iowa, died on the 17th day of October, 1928. Said Davis left a will in which his widow, Clara G. Davis, was named as executrix and which in due time was admitted to probate. On January 26, 1929, the claimant herein filed his claim in the district court of Hard... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432336/ | [1] This certiorari proceeding is brought to test the power and jurisdiction of the district court in setting aside a dismissal *Page 23
of a cause of action therein and reinstating the same on the calendar. A partnership brought the action, and a purported dismissal was made by certain alleged partners. Consequently ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432337/ | In 1918 or 1919, defendant Ernest Graham became indebted to the Valeria Savings Bank for $5,000 on promissory notes. On November 24, 1922, he executed to the bank an instrument entitled "assignment of expectancy in estate," which declared:
"For value received I hereby sell, assign and set over unto *Page 518
the Valer... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432366/ | The defendant offered no testimony. We have to do, therefore, with the version of facts as presented in the testimony on behalf of the plaintiff. In May, 1920, the defendant *Page 1081
entered into a contract of purchase with the 1. SPECIFIC plaintiff, for the plaintiff's farm of 160 PERFORMANCE: acres, at an agr... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432370/ | Defendant, Gerald Lamb, was indicted by the grand jury of Jasper County, Iowa, for the crime of bootlegging in violation of section 125.7, Code, 1946. April 21, 1947, defendant, appearing in person and by his attorneys, entered a plea of not guilty. May 28, 1947, defendant filed his "Motion to Quash Indictment and to D... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432371/ | The plaintiff and defendant were married on the 31st day of December, 1929. At the time of their marriage, the defendant *Page 2
was a widower 51 years of age, and the plaintiff, who had not previously been married, was 48 years of age. The defendant's former wife had died in 1926, and he had two sons, Grif and Jack, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432378/ | [1] Appellant is the executrix of the estate of her deceased husband, William Kantor. She commenced an action in the district court of Woodbury county, Iowa, against the appellee insurance company to recover permanent disability payments of $50 per month for the last six months of decedent's life and the sum of $240.95... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432374/ | Ida L. Hann and Frank W. Hann, appellee herein, were wife and husband, and Vern H. Hann, appellant, was their son. Ida L. Hann died on the 31st day of January, 1924, and the will in controversy was duly probated on March 4, 1924. 1. WILLS: undue This action was commenced on the 2d day of influence: February, 1925, t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432375/ | It is alleged that in May, 1921, the defendant-appellant F.C. Klipp, together with A.H. Licht, August Freund, P.V. Dyke, C.J. Pritz, Charles Conrad, Herman Wiebel, William Niermeier, Henry Mente, Otto Schneider, A.J. Charlton, Herman Cassier, Paul H. Kemmann, H.R. Griesbach, Fred Von Roden, Dick Schlueter, L.D. Rixe, G... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211215/ | 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
A15-1514
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211324/ | 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
A15-0391
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247160/ | CARMEN CONSUELO CEREZO, United States District Judge
Plaintiff Yaw Twum-Baah ("Twum-Baah"), appearing pro se , filed this action against the United States Department of Agriculture ("USDA") and United States Forest Service officers Aymat Verdejo, Derek Ortiz, and Christina Henderson in their official capacity (together... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3432528/ | [1] This action was commenced in the district court of Polk county, Iowa, to restrain the clerk of the municipal court of the city of Des Moines, and its bailiff, respectively, from issuing and levying an execution upon, and for the cancellation of, a judgment for $135, entered in that court against the defendants ther... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432547/ | Under an information filed by the county attorney of Mahaska county, Iowa, the defendant, E.B. (Lash) Ferguson, and his son, Ben Ferguson, were jointly charged with the crime of larceny in stealing, taking and carrying away eleven head of cattle which were the property of Vernie Braden. The defendant, E.B. (Lash) Fergu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432548/ | One Skriver owned a farm in Harrison County. On July 20, 1922, he and his wife executed a real estate mortgage on said premises, which was duly recorded on July 27, 1922, and subsequently assigned to the appellee. Title to the premises passed to the defendants Sheffer and Jardine by a warranty deed dated January 19, 19... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432549/ | The action is by a widow, for the setting off of her distributive share in the land left by her deceased husband. The husband died testate, seized of 160 acres of land. By his will, which was duly admitted to probate, he gave his widow, the plaintiff and appellant, a life estate in all his property, both real and perso... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432550/ | One Latta was the owner of the real estate involved in this suit. A watercourse traverses a portion of the land. The right of way of the appellant passes across said land, and the appellant has constructed a bridge over said watercourse 1. EASEMENTS: upon said premises. This bridge was originally grant: built ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432436/ | The first alleged errors relied upon by defendant are the refusal of the court to direct a verdict at the close of plaintiff's testimony and at the conclusion of all the testimony. The other errors alleged consist of the court's giving of certain *Page 1210
instructions and its refusal to give defendant's requested in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432437/ | I. Each of the notes in suit was given on November 10, 1922. The larger note was given in renewal of a former note, and the smaller note was given for interest accrued on 1. BILLS AND such former note. In our consideration of the NOTES: case, we shall confine discussion to the $5,000 defenses: note. Our co... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432440/ | The major question discussed on this appeal is as to the sufficiency of the evidence to support the verdict. Under the record made, the jury could have found the following facts:
[1] On the 6th of May, 1934, the defendant, Ball, and two others, named Murray and McKay, went by automobile to Omaha, leaving Des Moines abo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432441/ | I find myself unable to agree with the majority's opinion, and therefore respectfully dissent.
The defendant in this case was charged with the crime of willfully and unlawfully breaking and entering a public building with intent to commit a public offense therein, to wit: larceny. The evidence consisted of the statemen... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432444/ | The State, through an indictment duly returned by the grand jury, charges that the defendant-appellant, "on or about the first day of December, A.D. 1927, in [Guthrie] county * * * did willfully, knowingly, and feloniously carnally know and abuse Wilma Huitt, a female child then and there under the age of 16 years * * ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432445/ | The will of Susan Eason, who died May 21, 1943, was as follows:
"Alton, Iowa September 10, 1940
To Whom It May Concern
Mrs Susan Eason wife of the Late Stephen Eason Leaves *Page 99
this last Will and Testament being the Mother of the Faweling Children Mary being Desesed whoes Children are Marllys... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4035244/ | Case: 15-30876 Document: 00513684786 Page: 1 Date Filed: 09/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-30876
United States C... | 01-03-2023 | 09-20-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432451/ | In case No. 15152 in the Hamilton county district court, judgment was rendered in favor of the plaintiff and against the defendant Edwin J. Kallem, aided by an attachment against real estate, which was continued in force. Thereafter plaintiff brought action No. 15280 to set aside a conveyance made by the said Edwin J. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432452/ | On the afternoon of March 3, 1947, plaintiff, Mrs. Delacy, age fifty-eight, suffered a broken hip when she fell on an accumulation of ice on a sidewalk at the southeast corner of the intersection of Ninth Street Northwest and Washington Avenue in Mason City. Trial resulted in verdict and judgment for plaintiff for $102... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432571/ | Plaintiff's petition alleges that he was appointed *Page 23
by defendants to the office of state superintendent of printing on January 7, 1939, and removed from that position as of January 15, 1941; that plaintiff is an honorably discharged soldier of the war with Germany and therefore entitled to the benefits of the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432572/ | This case grows out of an automobile accident which occurred at a street intersection in the city of Indianola, Iowa. At the time of the accident, the plaintiff-administrator, accompanied by his wife, the decedent, was driving eastward in Third street in *Page 47
said city, and the defendant Coltrane was driving an au... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432573/ | The indictment charges that the defendant, on or about the 23d day of December, 1927, in the county of Mahaska and state of Iowa, did keep and carry around on his person and in an automobile, intoxicating liquors, with the intent and for the purpose of then and there selling and disposing of the same, contrary to law. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432574/ | The town of West Liberty, by appropriate procedure in 1925, ordered a certain paving project, which was duly carried out. The plaintiff was, and is, the owner of property abutting upon such improvement. The following plat will be an aid to the discussion:
[EDITORS' NOTE: PLAT IS ELECTRONICALLY NON-TRANSFERRABLE.]
The ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432575/ | S.L. Hiatt, the plaintiff-appellant, brought suit in the district court on a promissory note payable to him in the sum of $16,500 March 1, 1924. This note was signed by the defendants-appellees, J.E. and S.M. Hamilton, according to the recitals in the instrument, on November 26, 1921. As a part of the proceedings, the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432586/ | This is an action by Jesse Gearhart and his wife, Lucille Gearhart. The husband assigned his claim for damages to his wife. The action arose out of an injury suffered by Lucille Gearhart on November 6, 1943, between the hours of nine and ten p.m. She was a passenger on defendant's curbliner and got off at the southeast... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432587/ | Louis Chipokas, father of Kathryn Chipokas, a child four years of age at the time of the accident, brought this action to recover moneys which he had expended in hospital, nursing, and medical attention for Kathryn, in the amount of $973. To the petition the appellees filed answer, setting up certain defenses, among th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432589/ | The allegations of the petition disclosed that the plaintiff had a valid mortgage upon an automobile, executed by the owner thereof, one Julius Wolf. The petition also disclosed that the defendant Smith, purporting to be a constable, had levied upon such automobile an execution against Julius Wolf, and in favor of the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432590/ | The place where this crime is alleged to have been committed is somewhat remote from any city or town. There is a highway running north and south, and on the land adjoining this highway on the east is where it is said to have occurred.
The first seven errors assigned go to the question of the sufficiency of the testimo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432591/ | In August 1936, plaintiff, acting as attorney and trustee for bondholders, brought this suit for a writ of mandamus.
The following allegations appear in his amended and substituted petition: Prior to March 1, 1924, Chariton River Drainage District No. 1 was established. On or about March 1, 1924, the board of superviso... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432592/ | I. In attempting to determine the correctness of certain instructions with reference to the pleadings, we have had much trouble in this case. After plaintiff filed his petition, a motion was made to strike from the pleadings, by simply referring to certain lines on certain pages thereof. Such motions *Page 115
do not ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432576/ | A county attorney's information accused the defendant that he did willfully and unlawfully engage in the practice of medicine, in that he "did publicly profess and represent himself to be a physician and to assume the duties incident to the practice of medicine, and did then and there unlawfully and willfully profess t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432577/ | One Hiram A. White, during his later years, was a member of the Iowa Soldiers' Home, located at Marshalltown, Iowa. On April 25, 1922, he went to the office of Colonel John C. Loper, adjutant at said Home, and stated, in substance, to Colonel Loper that he (White) wanted to make some kind of a statement, "so we would k... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432578/ | The petition filed by the plaintiff in the district court avers that she is the owner of seven unimproved lots in certain blocks in the city of Independence, of the value of $60 each, which were assessed in amounts ranging from $47 to $108, respectively, and that such assessments were in excess of 25 per cent of the va... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432579/ | Deemer, J. — The lot in controversy was sold for the delinquent taxes of the years 1876, 1877 and 1878, at the regular tax sale held in November of the year 1879, to the plaintiff. Thereafter and on June 14, 1888, a tax deed for said lot issued to the plaintiff pursuant to said sale. Defendant Alwilda Bolt claims to ha... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432581/ | [1] The land covered by the mortgage in suit was originally owned by a stranger to the present case, subject to a mortgage of $15,000.00. The Citizens State Bank of Earlham obtained a judgment against the original title holder, and one of the officers of said bank purchased, under execution issued on said judgment, all... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432582/ | At the close of plaintiff's evidence, the defendant moved for a directed verdict on grounds which may be epitomized as follows, to wit: (1) that it has not been shown by the plaintiff's evidence that the decedent was free from contributory negligence; (2) that the evidence fails to show that the defendant was guilty of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432583/ | This action is brought by the plaintiff, Ruby Tallmon, against Edward Larson, defendant, to recover damages for injuries sustained in a collision which occurred between the car belonging to plaintiff's husband, and in which she was a passenger, and the car of the defendant, on February 10, 1937.
The plaintiff was ridin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432593/ | The parties to this action reside in the same block in Marcus, Iowa. Appellant is engaged in the restaurant business and appellee is the proprietor of a garage. Both are married.
Appellant, as a witness in his own behalf, testified that he is thirty-seven years of age, that he was married in 1917 and has one child twel... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432529/ | Plaintiff's petition was in four counts. In the first she alleged: The marriage of herself and James O'Dell on April 6, 1927, and the continuance of the marital relation until his death on June 27, 1943; that defendants were children or grandchildren of her husband, and his son Albert was executor of the deceased's est... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432568/ | Appellant Jennie C. Layman is the administratrix of the estate of Daniel W. Layman, her deceased husband. The Court allowed her $3,000.00 for the support of herself and three minor children for one year. The appellee filed a claim which was allowed as a claim of the fourth class. Nothing has been paid thereon. The esta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/1380309/ | 354 F. Supp. 1048 (1973)
Thomas BRANHAM, Plaintiff,
v.
MATERIAL SYSTEMS CORPORATION and Alan R. Novak, Defendants, and Third-Party Plaintiffs,
v.
Robert O. FIGUEREDO and Insco, S. A., Third-Party Defendants.
No. 71-1640-Civ.
United States District Court, S. D. Florida, Miami Division.
January 31, 1973.
*1049 *1050 *105... | 01-03-2023 | 10-30-2013 |
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