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https://www.courtlistener.com/api/rest/v3/opinions/3432673/ | In August, 1896, the defendants M. P. Miller and Charles R. Daugherty were engaged as partners under the name of Miller Daugherty, in carrying on the mercantile business at Washington and Waterloo, in this state. They had a stock of merchandise of considerable size at each place. Each partner assisted somewhat in the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432674/ | On January 23, 1922, Albert Sexauer and others, as plaintiffs, filed a petition in the office of the clerk of the district court of Polk County, praying the partition of certain 1. PARTITION: real property. On February 2, 1923, decree action for fixing and establishing the interests of the partition: parties in ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432626/ | On the 25th day of February, 1925, John Pauley and Elizabeth Pauley, his wife, executed and delivered to the Panama Savings Bank, of Panama, Iowa, a chattel mortgage covering live stock, a portion of the description being as follows:
"24 brood sows, average weight, about 250 lbs. each, mixed colors; about 40 head of st... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432627/ | [1] Appellants, both married women, are real-estate brokers who were associated together in the matter in controversy. Appellees Gaar and wife own and operate a typewriter business and appellee Shive is another real-estate broker. All live in Des Moines. On May 15, 1939, appellee K.W. Gaar acquired title to the Eddy Ap... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432698/ | The defendant Ora Krapfel was the owner of a certain tract of land in Appanoose County during all of the time of the controversy herein. W.R. Krapfel was her husband. A.W. Judy, the other defendant, had a lease with the owner of the land, giving him certain rights of opening and conducting a coal mine on the property i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432628/ | On July 29, 1924, Robert L. Leach, superintendent of banking of the state of Iowa, was appointed permanent 1. JUDGMENT: receiver of the Sanborn State Bank. Later, he vacation: was succeeded as such receiver by L.A. Andrew, unallowable superintendent of banking of the state of Iowa. equitable O'Brien County, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432638/ | Katie Varney, a woman between sixty and seventy years of age, the wife of C.M. Varney, the executor herein, sustained a fractured hip on the 23d day of July 1930, and was taken to the hospital at Spencer, Iowa, where she died on the 5th day of August of the same year from clinical pneumonia. *Page 1242
The plaintiff h... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432639/ | A brief reference to the issues is essential in this case. The petition is in two counts. In Count 1, appellee alleges that, on or about November 29, 1924, it sold certain plumbing and heating fixtures to the appellant Ada S. Morrison for installation and use in a certain apartment and office building then in process o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432640/ | It is claimed by the plaintiff-appellee that, on or about November 15, 1920, he was employed by Aymer D. Davis to perform for him engineering and surveying services. Furthermore, the appellee asserts that, according to the contract of employment, he did the work requested by Mr. Davis. *Page 1250
These services were p... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432641/ | In 1918, 1920, and 1924 the defendant county constructed drainage ditches in various districts in Winnebago county, and sold bonds to the plaintiff and others to pay the cost of their construction. Assessments were duly and timely levied against the property in various districts to redeem the bonds when the assessments... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432642/ | In November, 1915, at Waterloo, Iowa, Bessie Mason was granted a decree of divorce from the petitioner, Robert L. Mason. She was awarded the custody of their five children, then minors. The decree provided alimony of $25 per week, for the support and maintenance of the plaintiff and the children. The decree was twice m... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432643/ | This case is before us on rehearing, granted in order that the court might receive additional argument and give further consideration to the question whether the case should have been submitted to the jury.
The main question is whether the purported consent of the defendant to an assignment of the policy before loss, i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432897/ | In June, 1919, the deceased, Peter Schram, entered into a contract of purchase from the claimant, Kissinger, of a tract of land in Nebraska, containing slightly less than 480 acres, at the price of $40 per acre, amounting to a sum total of $19,100. $2,100 of the agreed price was paid. The contract was to be fully perfo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432899/ | Plaintiff demised the premises to defendant by lease dated September 20, 1928, for the term beginning September 19, 1928, and ending March 1, 1932, on shares, and for annual cash rent for pasture after the season of 1929. The lease provided:
"First party [landlord] has the right to cancel this lease and the second part... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432645/ | This cause presents the familiar picture of an automobile accident occurring at an intersection. It calls for the announcement of no new principles nor the extension of those heretofore laid down by us. For this reason we purposely refrain from analyzing the numerous cases cited by the parties hereto. These have been s... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211183/ | 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
A14-0961
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432791/ | Carleton B. Toy died testate on March 20, 1932, a resident of Woodbury county. His will was probated and the executors filed an inventory, a part of which was designated as schedule 4. By its terms this schedule 4 purported to be merely informative that on May 22, 1926, decedent had executed a written instrument transf... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432792/ | This is a proceeding in probate, wherein the Reconstruction Finance Corporation, on September 26, 1939, filed a claim against the estate of Hannah Thornwall, deceased, and asked that same be allowed as a claim of the third class, basing said claim upon two promissory notes made and delivered by Hannah Thornwall, decede... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432793/ | Briefly stated, the facts are that, on December 12, 1928, the plaintiff issued to George J. Doyen the policy of life insurance in controversy. The said Doyen gave the plaintiff a premium note, as payment of the first premium. On April 11, 1. TRIAL: 1929, the plaintiff filed in the district court dockets: of ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432797/ | Bonds Enforceable as Stay Bonds: VALIDITY. A bond conditioned for
1 the payment of the price of property sold by order of court, in such sums as the court may direct, and providing that, in case of
2 default, it is to have the force and effect of a stay bond, and execution may issue against the obligors, is a valid obl... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432798/ | One Walter M. Blowers was the owner in fee of Lot 5 in Block 39 in the original plat of East Waterloo, east of the Cedar River in the city of Waterloo, Black Hawk County, Iowa. On February 8, 1921, he, with his wife, entered into a contract of lease with O.F. Teeter, leasing said property for a term of 20 years from an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432865/ | Testator, J.W. Ruess, a bachelor who lived in West Liberty, died on October 7, 1946, at seventy-two. His will, dated May 15, 1942, was admitted to probate without objection *Page 1379
in November 1946. This action to set aside probate was commenced in June 1947 by eleven nieces and nephews, issue of deceased brothers ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432868/ | On September 1, 1927, the grand jury of Lucas County returned an indictment against the defendant-appellant. 1. INTOXICATING The particular charge against him is described LIQUORS: in that instrument as "bootlegging," committed bootlegging: on or about the 29th day of July in said year. evidence: Appellant is a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432869/ | The action is founded upon a certificate of deposit issued by the defendant-bank to the minor, William Stephenson, on November 23, 1926. On December 1, 1926, said bank closed, but shortly thereafter, in February, 1927, it was reopened for business, having been reorganized under what may be properly termed the "Waiver P... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432870/ | I. This is an action to recover damages for the forcible defilement of Katie Wildeboer, appellee, who, at the time of the alleged assault, on the evening of September 27, 1912, was unmarried, and about 28 years of age. Appellant 1. WITNESSES: was about 41. The assault is alleged to have credibility: been committed i... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432872/ | This is an original proceeding in certiorari to test the validity of the ruling of the Municipal Court of Des Moines, Polk County, Iowa, Don G. Allen, Judge.
In August of 1933 Dr. R.A. Weston commenced an action in the Municipal Court of Des Moines, against J.M. Henry, in which he claimed he had rendered certain medica... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432874/ | The injury and negligence complained of occurred on a highway paving project in the city of Fort Dodge. The Sani Construction Co. was engaged in building a concrete paved highway, somewhat over 300 feet long, connecting 8th street and primary Highway No. 20, and being the hypotenuse of an approximate right angled trian... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4144964/ | 154
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Eomorbblo aoor6. Il. !3hePpud, Pyp a | 01-03-2023 | 02-18-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/3211174/ | 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
A15-1318
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433016/ | The plaintiff's action is upon a promissory note executed by the defendant, a copy of which, it was alleged, was set out in the petition. According to the copy so set up, the note was due "on or before April 1, 1924."
The answer as amended admitted the execution and delivery to plaintiff of a note of like amount on the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433018/ | The plaintiff, as administrator of LeRoy T. Fay, brought the instant action seeking to recover from the defendants, *Page 276
Dorow and the Willards, for the death of the decedent, LeRoy T. Fay, resulting from injuries received in a collision between automobiles driven by the defendant, Dorow, and the defendant, John ... | 01-03-2023 | 07-05-2016 |
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https://www.courtlistener.com/api/rest/v3/opinions/4083170/ | SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
595
CA 13-01592
PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, JJ.
MEADOWLANDS PORTFOLIO, LLC, AS ASSIGNEE OF
FEDERAL DEPOSIT INSURANCE CORPORATION,
PLAINTIFF-APPELLANT,
V ... | 01-03-2023 | 10-07-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432895/ | I. Sometime prior to April 13, 1923, pretending to represent one C.M. Pearson, Willard H. Halvorsen applied to D.S. Kruidenier, trustee of the D. Kruidenier estate, for a loan of $8,000 upon a tract of land near Nevada, in Story County. The loan was finally consummated on the above date by the delivery of a check for $... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432935/ | To an understanding of the questions involved herein, a chronological statement of the facts seems to be necessary.
Joseph Engels, a resident of LaSalle County, Illinois, died testate on January 13, 1917. The first section of his will orders that all just debts, funeral expenses, and costs of administration of his esta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432936/ | Charles Johnson, who died intestate in May, *Page 18
1923, and John A. Peterson, who died testate April 24, 1925, were cousins, who came to this country when young men, and located in Des Moines County. Peterson took up his residence in Burlington, and Johnson upon a farm near that city. Both married, and reared famil... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432937/ | The accident or collision out of which the injury and consequent damages arose in this case occurred in *Page 726
this wise: The plaintiff was proceeding in a northerly or northeasterly direction along paved highway No. 149, traveling on the right side or half of the pavement. The road at this point is level. The sky ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432938/ | In his petition plaintiff stated his cause of action substantially as follows: That in April, 1931, he entered the employ of defendant town in the capacity of marshal; that the ordinances of the town provided that the marshal should receive as compensation $50 per month and the fees of the office; that contrary to such... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432939/ | The collision which resulted in serious injuries to appellee occurred about 6:30 p.m. on the evening of December 19, 1930, a short distance west of Dewitt on the Lincoln highway. Appellee was riding with four companions in a Pontiac sedan driven by Edmund M. Turner. The party was preceded a short distance by another ca... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433022/ | On March 19, 1942, defendant Benedict was indicted for child desertion, the court ordered a bench warrant issued for his arrest, and fixed his bail at $1,000. On November 9, 1942, the sheriff arrested defendant, he appeared with his attorney, waived arraignment, pleaded guilty, and asked for immediate sentence. On the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433027/ | On or about the 14th day of April, 1932, appellant was employed by the appellee Coleman's Lunch to work at the restaurant operated under the above name. The employment began at 8 o'clock in the evening, and the claimant received the injuries complained of about 12 o'clock the same night. He was directed to wash the wal... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433028/ | [1] The question is whether plaintiff, a veteran of the World War, or intervener, George H. Geyer, who is not a veteran, is entitled to the position of shelterhouse attendant at the municipal airport.
Section 5695, Code 1939, appearing in chapter 289, Civil Service, provides, in part, as follows:
"5695 Preference by se... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433029/ | About 11:00 o'clock in the morning of December 26, 1930, the plaintiff was driving a Ford sedan south on State Highway No. 169, a graveled highway running north and south, and intersecting the Lincoln Highway, about a mile and a half south of the place of collision. The graveled roadway on No. 169 was about twenty-two ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433030/ | The chief complaint of appellants is that the court erred in denying a new trial based upon the ground of newly discovered evidence. To better understand the ruling of the court, a brief statement of the facts will be helpful.
The plaintiff is an unmarried laboring man, 72 years old at the time of the trial, who had li... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433000/ | It appears that on March 21, 1927, the plaintiff, Clark Mosher, obtained legal title to certain real estate in the town of Red Oak, Montgomery County, Iowa, on which there was located a residence. *Page 86
On September 7, 1927, the defendant company issued its policy of fire insurance on said building, for a period of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433002/ | This controversy involves a quarrel over a private right of way. The plaintiff-appellant, Wencel Bina, and the defendant appellee, Mathias Bina, are brothers. Frances Bina, a defendant-appellee, is the wife of the appellee, Mathias Bina. Ernest and Victor Bina, defendants and appellees, are the sons of Mathias and Fran... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433003/ | A rather extended statement of the record in this case is necessary to a clear understanding of the questions raised. In November, 1923, appellee filed a petition in two counts, bottomed on two promissory notes made by appellant to appellee, amounting to $7,336, drawing 8 per cent interest; and judgment was asked for $... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433006/ | The record is voluminous and the exhibits many, presenting a cause of some difficulty. But since the case presents matters familiar to the interested parties no good purpose would be served by an extended narrative of the facts.
All of the stock of the Corporation was owned by members of the Simmer family, the principa... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433008/ | The appellant transacted business under the name and style of the Western Maintenance Company. On April 8, 1924, the appellant entered into a written contract with the appellee for furnishing a material known as Tarvia, and spreading the same upon the streets of appellee city. Pursuant to said contract, the appellant f... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433012/ | At about 1:00 p.m. on December 29, 1937, defendant was driving a Ford "pick-up" automobile northwards on Tenth street in the city of Eldora. As he was approaching the intersection of that street with Fourteenth avenue, that extends east and west, plaintiff's decedent whose age was 7 years 4 months and some days, lying ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433014/ | The appellant is the daughter of C.E. Doty and Rachel Belle Doty, both deceased. She claims to have rendered services for her parents as housekeeper and nurse during three distinct periods, one of a year and a half, commencing in 1915, one of nearly two years, commencing in 1918, and a third, after an interval of three... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433020/ | As above noted, a jury was waived, and the case tried to the court; and, this being a law action, the decision of the court has the force and effect of a verdict of a jury as to all fact questions involved. It is also to be kept in mind that this is an action between the payee of the notes in controversy and the immedi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433023/ | [1] On the 22d day of June, 1929, in the district court of Pottawattamie county, a divorce decree was granted to the plaintiff from the defendant. Under the stipulation certain personal property was to be turned over to the defendant and the plaintiff was to pay $30 a month for support and maintenance of their one chil... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432914/ | In the dusk of the evening of February 20, 1933, defendant, while driving an automobile near Iowa City, in Johnson county, ran into and caused the death of Morgan Hartsock. On February 21, 1933, the state of Iowa filed in the district court of Johnson county, Iowa, a county attorney's information accusing the defendant... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432916/ | Elsie Willenbrock died intestate, March 13, 1920, survived by her husband, Fred H. Willenbrock, and their only child, a daughter, Erma, born July 24, 1917. On his own petition, which recited that the intestate left personal property of the value of $1,800, the husband was appointed administrator of his wife's estate, o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432917/ | This case comes to us on an appeal from rulings upon motions to strike and dismiss. For an understanding of the questions involved in this appeal it is necessary that we review the situation and proceedings in the trial court.
C.H. McNider, a resident of Mason City, Iowa, died October 30, 1928. His will was admitted to... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3432931/ | This is an action in equity for the partition of certain real estate situated in Iowa City, Johnson County, Iowa, record title to which was in the name of Henrietta K. Petkin at the time of her death. Henrietta died intestate without issue, a resident of Cook County, Illinois, on April 19, 1933, leaving the defendant, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433004/ | The defendant in this action on March 16, 1927, signed a demand note made payable to the Iowa State Savings Bank, of Cedar Rapids, Iowa. On November 14, 1934, the bank was placed in receivership and defendant's note was thereafter held as a part of the assets. It was held by the receiver until sold to the plaintiff on ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433007/ | Mary T. Leighton was the owner of the premises in controversy, and, she being deceased before the commencement of this suit, plaintiffs sue as her executors. Defendant is a corporation, organized under the laws of the state of Iowa.
On July 31, 1922, Mary T. Leighton and the defendant, the Iowa Bake-Rite Company, enter... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433009/ | It appears in this case that the defendant Nels Selindh was the operator of a garage in the city of Des Moines, doing repair work on automobiles in connection therewith. That on or about the 23d of October, 1933, between 6 and 7 o'clock in the evening, Selindh was engaged in towing an automobile along Des Moines street... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433010/ | James D. Gamble, a resident of Knoxville, died testate November 26, 1926. In due time, to-wit, on December 13, 1926, Gamble's will was duly admitted to probate. Jacob A. Wagner and John E.D. Gamble, the defendants-appellants, in accordance with the will were appointed executors of the estate to serve without bond. When... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433013/ | Kathrina Homan died testate August 25, 1905. Fred G. Meinert was by her will nominated executor, and on admission of the will to probate, October 11, 1905, was appointed and qualified as executor. Letters of administration were issued to him. He published notice to creditors November 5, 1905, and filed his final report... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247162/ | Janet Bond Arterton, U.S.D.J.
*390Plaintiff Gorss Motels, Inc., suing individually and as the representative of a class of similarly situated persons, alleges that Defendants AT & T Mobility LLC and AT & T Mobility National Accounts LLC (together "AT & T" or "Defendant") sent unsolicited facsimiles ("faxes") to Gorss M... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3433032/ | We will first relate the underlying factual matters that are set out in plaintiffs' petition. In August, 1934, Mary Jane Purslow Miller died testate. On September 21, 1934, her will bearing date January 9, 1934, was allowed to probate in the Woodbury district court and defendant Genevieve Longnecker, daughter of testat... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433033/ | This proceeding to foreclose a real estate mortgage presents two distinct controversies, generally speaking. The first relates to the existence of the mortgage, and the second involves the pleadings for and against, and evidence to sustain, the appointment of a receiver.
A.N. Finken, the plaintiff and appellee, maintai... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433035/ | I. For a number of years prior to June, 1920, there were two papers published at Bloomfield, Davis County, Iowa, known as The Bloomfield Democrat and The Davis County Republican. Owing to the scarcity and high cost of print paper, and the high cost of labor, it was deemed best by the management of these respective pape... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433036/ | The alleged injury was caused to plaintiff on September 15, 1924. At that time, she was engaged in the employment of Dr. Welpton, as office woman and assistant, and had been so engaged for a period of about 16 years, and was earning a salary of $125 per month. The defendant, through one Watson, was negotiating with Dr.... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433037/ | Mary Stanley Horak, on November 4, 1931, died testate without issue, survived by her husband, appellant herein, and two brothers. The controversy is as to the estate devised by her will, which is as follows:
"Mary Horak 10-23-31.
"I wish to leave my husband, Fred Horak, all property both real and personal, for his perf... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433038/ | Plaintiff, John R. Brooks, alleged that in August, 1922, he entered into an oral agreement with defendant, M.A. Ford, in which they formed an equal partnership for the purpose of manufacturing files and other metal products at Davenport, Iowa, and that said partnership and business was still in operation; that defendan... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433039/ | [1] The appellee Elizabeth Steffy, as executrix and trustee of the estate of Samuel Steffy, deceased, filed on September 22, 1930, her petition in equity against the appellant Carl C. Schultz, and Minnie Schultz. We shall in this opinion refer to Elizabeth Steffy as the appellee. *Page 832
The appellee alleged in her ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433040/ | On May 2, 1933, Christ K. Haga made the will involved herein. On the morning of the same day a court had directed a verdict in his behalf in a proceeding brought by his two sons (contestants-appellees herein) to have him declared incompetent and to have a guardian appointed over him.
The life history of the testator is... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433041/ | On the 13th day of February, 1925, the defendant Frederick Alden obtained judgment in the municipal court of the city of Des Moines against the plaintiff and his wife, in the sum of $100. The same was duly transcripted to the district court of Polk County, Iowa, and in May following, execution was issued thereon, and t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433045/ | The principal question, and, in the view we take, the only one we are required to determine, arises between the plaintiff appellee, and the intervener, the appellant, 1. TRUSTS: over the ownership of a certain note payable to constructive the order of Ennis Boggs, for $10,000, dated trusts: February 28, 1918... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433074/ | Lloyd L. Hurdle was engaged in the furniture and undertaking business in the town of Kellogg. On a petition in involuntary bankruptcy, filed January 17, 1924, he was duly 1. BANKRUPTCY: adjudged a bankrupt, and the appellant was preferences: appointed trustee of the bankrupt estate. The "surety" as appellee was a ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433089/ | The grand jury of Polk County, Iowa, indicted the defendant, William Bell, Jr., for the crime of rape, charging that said defendant raped Rita Darlene Flatt, a female child under the age of sixteen years. The defendant entered a plea of not guilty but on trial was convicted and was *Page 768
sentenced to life imprison... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211405/ | 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
A15-0348
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211339/ | 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
A15-1061
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433042/ | Francis Taylor died testate on March 30, 1927, the material part of his will being as follows:
(1) Directs the payment of all just debts, funeral expenses and costs of administration.
(2) "To my beloved wife, Elizabeth A. Taylor, I hereby devise, give and bequeath all of my property, both real and personal which I may ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433044/ | This is a suit in equity by two daughters of Mary E. Barnevelt, deceased, to set aside a deed from her as grantor to a third daughter as grantee, which deed provided that it was given in consideration of "the agreement of the grantee herein to give the proper care and attention to the grantor during the term of her nat... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433046/ | This is an action in equity in which the plaintiff seeks to recover an alleged overcharge for heat furnished to his residence by the defendant, on the ground that a mutual mistake was made in the measurement upon which the charges made by defendant were based. It appears that during the summer of 1923 the plaintiff pur... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433047/ | In this action to foreclose a real estate mortgage the defendant owner made application for a continuance until March 1, 1937, pursuant to the provisions of Chapter 115 of the Acts of the Forty-sixth General Assembly. Plaintiff resisted the application. From an order granting the continuance plaintiff has appealed. The... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433050/ | The De Luxe Cab Company was the owner and operator of a certain Pontiac motor car which was used as a taxicab and driven by Harold Smith.
Main Street in the city of Ottumwa runs east and west, and Green Street intersects it, running north and south. The taxicab stand was located just north of Main, on the east side of ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433053/ | The plaintiff, who had been an agent for the defendant and also a dealer buying of defendant, brought this action to recover on a balance of account for commissions which he alleged were due him from the defendant. The defendant by way of answer claimed that the matter had been adjudicated in the state of Illinois adve... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433054/ | The numbered specifications of negligence are set forth in appellant's petition as follows:
"1. A failure to carry on said grader outfit or road machinery, at the time and place in question, at least two red danger signal lanterns or lights, each capable of remaining continuously lighted for at least sixteen hours.
"2.... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433055/ | The plaintiff brought his action upon an insurance policy. He introduced his evidence, and rested. Thereupon the defendant presented a motion to direct a verdict against the plaintiff, for want of sufficient evidence to go to the jury. This motion was argued, and submitted to the court. Thereafter, the court sustained ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433056/ | According to the indictment, the appellant, Lester Smith, was accused of "willfully, unlawfully, and feloniously" taking, stealing, and carrying away from their coop certain domestic fowls. This offense was said to have been committed on the 13th day of May, 1926. When thus charged, the appellant pleaded "not guilty." ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433057/ | On and prior to the 3rd day of October, 1934, A.H. Cummings was an unmarried man and was the owner of lot 17 in block 24 in Brice and Ong Land Company's Street Railway addition to the city of Mason City, Iowa. On that day he executed a warranty deed which recited that, in consideration of the sum of $1.00 paid by G.N. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247163/ | Sweet, D.J.
Plaintiff Olaf Sööt Design, LLC ("OSD" or the "Plaintiff") has moved for leave to amend its Complaint, pursuant to Federal Rule of Civil Procedure 15, to add a claim of willful infringement and a prayer for relief of enhanced damages against Defendants Daktronics, Inc. and Daktronics Hoist, Inc. ("Daktronic... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3433060/ | The plaintiff claims that she worked in the city hospital in the city of Des Moines under an oral agreement of employment, beginning work at 5:30 in the morning, cleaning offices until 1. MUNICIPAL 7:30, then working two hours at noon, and CORPORA- beginning again at 5:30 in the evening, and TIONS: workin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433061/ | I. Appellant was tried and convicted in the court below of the crime of receiving and concealing stolen property, and sentenced to imprisonment in the penitentiary at Fort Madison for a period of not to exceed five years. The transaction 1. RECEIVING upon which the prosecution is based is the STOLEN purchase ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4141987/ | OFFICE OF THE AlTOtiNEY GENERAL OF TEXAS
AUSTIN
Honorable Shelby X. Long
Aarirtant Dirtriat Attorney
Beaumont, Texar
Dear Sir; opinion Ro. O-4 58
Rer Whether OP$\ et an independent
... | 01-03-2023 | 02-18-2017 |
https://www.courtlistener.com/api/rest/v3/opinions/3211377/ | 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
A14-2181
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211330/ | 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
A15-0306
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433062/ | Early in April of 1928 William McKinley Meinders filed an application, asking that the court appoint a guardian for his property, and in due time an order was entered, appointing B.M. Meinders as guardian. A bond in the penal sum of $5,000 was filed and letters of guardianship were issued.
Thereafter a report was filed... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433063/ | In 1933, plaintiff appellee commenced an action to foreclose a mortgage securing a note of $7,000 against 80 acres of land in Marion county, Iowa. The note and mortgage were executed by the defendants herein on or about July 2, 1926, payable on an amortization basis. All payments on principal and interest were made up ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433065/ | The parties, who were respectively about 22 and 19 years of age, were married October 13, 1923. Their only child, a daughter, was born almost exactly a year later. The cause alleged in the petition for a divorce is cruel and inhuman 1. DIVORCE: treatment. The defendant filed a cross-petition, grounds: praying ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433066/ | This is an action in certiorari to review the action of the respondent, Grover W. Brown, Judge of the District Court of Fremont County, Iowa, in refusing to sustain the motion to dismiss in the case of State v. Maher pending in that county, made upon the part of the defendant, the petitioner herein.
Albert Maher had be... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4042787/ | MANDATE
THE STATE OF TEXAS
TO THE 131ST JUDICIAL DISTRICT COURT OF BEXAR COUNTY, GREETINGS:
Before our Court of Appeals for the Fourth District of Texas on April 8, 2015, the cause upon appeal to revise
or reverse your judgment between
In the Interest of V. G., et al., Children, Appellant
V.
No. 04-14-00802-CV ... | 01-03-2023 | 09-28-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211355/ | 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
A15-1432
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4350184/ | DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
SHELLY GAIL GIBSON and
AFFORDABLE ASSETS REAL ESTATE CO., a Florida corporation
Appellants,
v.
KINGS POINT SIGNATURE REAL ESTATE, LL... | 01-03-2023 | 12-13-2018 |
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