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https://www.courtlistener.com/api/rest/v3/opinions/4261443/ | Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 16, 2018
The Court of Appeals hereby passes the following order:
A18D0342. JEAN JOCELYN MERILIEN v. WENDY L. SHOOB, JUDGE et
al.
On May 1, 2017... | 01-03-2023 | 04-05-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/4042793/ | Opinion filed August 21, 2015
In The
Eleventh Court of Appeals
___________
Nos. 11-15-00180-CR, 11-15-00181-CR, & 11-15-00182-CR
___________
GARRY LON BROWNLEE, Appell... | 01-03-2023 | 09-28-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433097/ | Plaintiff is the owner of a tract of land,being a part of the west part of lot 6 in block 10 in Brewer Company's addition to the city of Des Moines, and the defendants are the owners of a tract of land lying immediately east of the plaintiff's lot. The lots extend north and south and the buildings thereon face the eas... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433100/ | The defendant was indicted by the grand jury of Polk county charged with driving a motor vehicle while intoxicated. He was tried and convicted. Exceptions to instructions and motion for new trial were overruled, and from this action of the court and judgment on the verdict of guilty the defendant appeals. *Page 1213
T... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433102/ | Albert Berg and the First: National Bank of Waukon each held a chattel mortgage upon some farm implements and live stock, executed to secure the indebtedness of one Oscar Anderson to the respective parties. The mortgagor had either abandoned, or was neglecting to properly care for, the property. For the better preserva... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433095/ | The plaintiff-appellant is a lessee of certain real estate in Waterloo, and has an option to purchase the 1. MUNICIPAL same. Desiring to erect thereon "an automobile CORPORA- filling station," the appellant made application TIONS: to the defendant-appellee D.B. Toenjes, then the police power Waterloo buil... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433246/ | The plaintiff Mrs. M. Avis Lockie and the defendants Alanson Baker and Sarah Talbott are the only surviving children of Mary E. Baker, who died testate on the 21st day of 1. SPECIFIC August, 1926. The will was filed for probate in PERFORMANCE: the office of the clerk of the district court of contracts Iowa in a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211009/ | 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
A15-1248
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433103/ | I. On or about February 20, 1923, E.H. Brawner entered into a contract in writing with the Independent School District of Wall Lake, Iowa, for the furnishing of materials and labor and the construction of a public school building in the city of Wall Lake, securing the performance of the terms of said contract by a bond... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433104/ | Clarence E. Hahn died testate on or about December 31, 1928, devising all of his property to his wife, and his will was admitted to probate January 14, 1929. His surviving widow, Katherine M. Hahn, quickly followed him, dying on January 2, 1929, also testate. The will of Clarence E. Hahn is dated August 21, 1928, and t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433064/ | I. Two co-related questions are involved on this appeal: (1) Is Chapter 252-A2 (Section 5105-a40 et seq.), Code of 1927, in conflict with Article III, Section 30, of the Constitution of Iowa, in that it is a special law for the 1. MOTOR assessment and collection of taxes for road VEHICLES: purposes? (2) Is C... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433068/ | Plaintiff is the owner of about 200 acres of real estate which adjoins the 240 acres owned by defendant on the north. County Highway G runs north and south along the east side of said lands. Plaintiff claims the boundary line between the two tracts is the south line of a certain ditch and a line fence. The petition sta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4073720/ | ACCEPTED
03-15-00446-CV
7113707
THIRD COURT OF APPEALS
... | 01-03-2023 | 09-30-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3210989/ | 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
A15-1762
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433436/ | I agree generally with the dissenting opinion of Judge Richards filed herein, and besides dissent from the majority opinion for the following reasons:
Our statutes on contests of election are found in *Page 167
chapters 47 to 52, inclusive (section 981 et seq.). Chapter 51 (section 1006 et seq.) applies to state offic... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247164/ | JESSE M. FURMAN, United States District Judge:
In 2014, Plaintiff Lindsey A. Kidd applied for a job with the Georgia Department of Public Health ("GaDPH"). Using a subscription-based online research platform operated by Defendant Thomson Reuters Corporation ("Thomson Reuters"), the GaDPH obtained information indicating... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/4073721/ | ACCEPTED
04-15-00090-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
... | 01-03-2023 | 09-30-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433126/ | I respectfully dissent.
I. For a long time the legislature of this state has been endeavoring to make a tax deed, regular on its face, unassailable for procedural defects which do not relate to essential prerequisites. Section 7287, Code of 1939, makes a tax deed presumptive evidence that the property was subject to ta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433129/ | Defendants Madsen ("Madsen Motor Company") and Bird ("Tri-State Motor Company") are used-car dealers in Sioux City, Iowa. Plaintiff has lived at Onawa, Iowa, for twenty-eight years and describes himself as "engaged in * * * farming, ranching and rodeoing." He bought this Buick car in question at Gibbon, Nebraska, the l... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433131/ | The pleadings in this case are prolix by reason of the number of parties involved as defendants and cross petitioners, but the issues, however, are well defined. The legal problem for solution presents the question of priority of the claimed mortgage liens on the real estate in controversy. The approach to the facts an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433135/ | On the 19th day of August, 1932, there was filed in the office of the city clerk of the city of Sioux City, Iowa, a petition consisting of 353 separate sheets of paper purporting to contain the names of qualified electors of said city, asking the city council to call an election and submit thereat the question of votin... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433137/ | On the 6th day of October, 1927, the defendant, Joe Leasman, and one Arthur Frey were jointly charged by an indictment consisting of two counts. The first count of the indictment charges that the said Joe Leasman and Arthur 1. INDICTMENT Frey, on or about the 29th day of August, 1927, AND did break and ente... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433138/ | I. The defendant is a public utility corporation, which owns and operates an electric system, and includes in its service the town of Kingsley. The decedent was a boy nine years and three months of age, who was flying a kite in the streets of Kingsley. His "string" was a fine copper wire, which came in contact with the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433139/ | On December 8, 1930, Fred Goltry was adjudged a bankrupt, in the Federal Court. More than four months prior to that time, and on July 18, 1930, he had conveyed his farm to his wife, Ollie. This farm consisted of 112 acres, which comprised 40 acres of homestead. It was encumbered by a mortgage of approximately $4000. Th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433270/ | Andrew J. Lipp was the owner of an 80-acre tract of land. On April 1, 1918, he sold said land to his son-in-law, Albert W. Albright, for $16,000. Albright paid $2,000 in cash, and gave his notes and a mortgage on said premises for the 1. EXECUTORS balance of the purchase price, to wit, $14,000. AND ADMINIS- Later, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433271/ | The defendant-appellee Ottumwa Auto Company is an Iowa corporation, with its principal place of business at Ottumwa, Iowa. It was engaged in the automobile business for several years prior to April 22, 1926, when it sold to the 1. TAXATION: defendant Wapello Motor Company the major part collection of its merchand... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433141/ | This case involves the question of the custody of a twenty-month-old child, the contest being between the young mother and the mother's aunt and uncle with whom the child has resided and been cared for since her birth out of wedlock. Cases of this character tear at the heart strings of all normal human beings and are r... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433142/ | The instruments in suit are a negotiable promissory note, and mortgage on real estate securing the same, purporting to be in the amount of $9,000, and to have been executed by the defendant Lewis E. Jones unto D.J. Murphy on the 22d day of October, 1921. Said note and mortgage were transferred to plaintiff on the 5th d... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433143/ | On February 6th, 1925, a partnership composed of W.S. Carver and the defendant, John H. Gould, was the owner of certain real estate situated in Trail County, North Dakota. On that date, H.J. Maxfield was the record owner of approximately 2400 acres of land in Buffalo County, Wisconsin. The North Dakota land was encumbe... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433144/ | [1] The ultimate question here may be briefly stated: Is appellee to be compensated under the schedule of specific coverages found in section 1396, Code of Iowa, 1939, (specifically under paragraphs 15 and 20 of said section), or for permanent total disability under section 1395?
The injury occurred in 1936 but the app... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433145/ | The facts in this case have been stipulated. Evelyn M. Whitney, on or about the 14th day of November 1939, entered into a written contract with the board of directors of the Rural Independent School District No. 4 of Lafayette Township, Bremer County, Iowa, to teach the country school of that District for the winter an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433281/ | In October, 1928, the Iowa Farm Credit Corporation filed a petition in the district court of Polk County, Iowa, asking judgment against the defendants below, Ida M. Wright and J.S. Wright, on two promissory notes, shown as Exhibits "A" and "B," attached to the petition. Each of said notes contain the provision, "payabl... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433282/ | This is the second appeal of this case. See Goben v. Des Moines Asphalt Paving Company, 208 Iowa 1113.
The petition is in two counts, the first being on an express oral contract in which it is claimed, in substance, that in August, 1923, plaintiff and one Burrows, representing the defendant, entered into an oral contra... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433251/ | The Decorah Produce Company owns and operates a poultry and produce plant on the north side of Water Street in Decorah, Iowa.
[1] The buildings of the company are located on property of the Chicago, Rock Island Pacific Ry. Co. Water Street, over which state highway No. 9 passes, lies east and west. South of this stree... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211388/ | 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
A15-0031
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247165/ | LOUIS L. STANTON, U.S.D.J.
Defendant TriPoint Global Equities, LLC ("TriPoint") moves under Federal Rule of Civil Procedure 12(b)(6) to dismiss claims brought by plaintiffs David Nagelberg ("Nagelberg") and Matthew Hayden ("Hayden") for failure to state a claim upon which relief can be granted. For the reasons that fol... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/4261470/ | Court of Appeals
of the State of Georgia
ATLANTA, March 26, 2018
The Court of Appeals hereby passes the following order
A18D0361. CENTRAL TRANSPORT et al. v. CALVIN YOUNG.
Upon consideration of the Application for Discretionary Appeal, it is order... | 01-03-2023 | 04-05-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3433285/ | * This opinion was not delivered to the reporter until July 30, 1930; hence could not be published before.
This is the third time that this cause has been in this court. 1. NOVATION: The opinions in the former appeals are found in acts 200 Iowa 585 and 204 Iowa 363. The main facts constitu- are sufficien... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433286/ | DISSENT: Garfield and Oliver, JJ.
Ellen B. Hayer, whose will is the occasion for this litigation, was a resident of Lamoni, Iowa. She died on February 8, 1940. Her purported will had been executed on February 7, 1939. Objections to the probate of this instrument were filed by Vera Hayer Redenbaugh, an adopted daughter ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433665/ | 1. Corporation: FOREIGN: POWERS OF. The powers possessed by a foreign corporation, organized for the purpose of supplying water for municipal and other purposes, are not restricted to the State in which it is incorporated, but it may extend its operations and do business and acquire interests in other States, although ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433330/ | This case is brought to collect on a policy of fire insurance by J.H. Stoner, who claims as the owner of the property insured, and J.D. Raitt, who claims under a mortgage on the property insured.
It has been before this court twice before this, same title, the first time being reported in 215 Iowa 665, 246 N.W. 615, an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433348/ | [1] On or about March 10, 1930, appellant sold appellee a radio at the agreed price of $214.50. Appellee selected the radio from appellant's stock in his retail store. At the time of the sale appellee signed a purchase contract in which she agreed to pay the $214.50 and mortgaged the machine to secure the payment of th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3211166/ | 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
A15-1013
... | 01-03-2023 | 06-09-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433262/ | I have no disagreement with the majority opinion respecting any propositions of law stated therein but I think the issue of undue influence should have been submitted to the jury, and I dissent because of the failure of the trial court to do so. | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4065515/ | ACCEPTED
04-14-00899-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4065518/ | Order entered March 31, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01423-CR
JAMES RAMSEY MITCHELL, Appellant
... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433274/ | I. The information charges:
"That the said William Blair, on or about the 28th day of May, A.D. 1927, in the county of Carroll and state of Iowa, * * * did willfully, unlawfully, and feloniously, carnally know and abuse one Eldora Struve, she being then and there a female child under the age of 16 years, all against th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433275/ | The defendant, Bert Johnson, was indicted for the crime of first degree murder committed on his father, Elmer Johnson, on the 31st day of December, 1935. Briefly stated, the facts connected with the crime charged are substantially as follows: The deceased, Elmer Johnson, lived with his wife, Frieda Johnson, and his son... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433276/ | The defendant was indicted by the grand jury of Polk County, Iowa, for the third offense: operating a motor vehicle while intoxicated. He entered a plea of not guilty but upon trial was convicted. From the sentence imposed he has appealed to this court.
The case comes to this court on a clerk's transcript, together wit... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433278/ | This is an action by the grantee against the vendor, to recover a sum paid to vendor as insurance for the loss of a dwelling house by fire upon premises sold on contract, between the date thereof and its final consummation. The case was tried in equity upon an agreed statement of facts. *Page 45
Before the time for th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433424/ | Defendant Arthur Lund is an attorney at law and during the times in controversy was acting as attorney and advisor of plaintiff's ward, John W. Reeder. Reeder was at the time of the trial, June or July, 1929, about 93 years of age. Plaintiffs base their suit upon allegations of mental incompetency and of express and im... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4261437/ | Court of Appeals
of the State of Georgia
ATLANTA, April 03, 2018
The Court of Appeals hereby passes the following order
A18D0354. JOHN OXENDINE, P.C. v. GOVERNMENT TRANSPARENCY &
CAMPAIGN FINANCE COMMISSION.
Upon consideration of the Applicatio... | 01-03-2023 | 04-05-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3433280/ | [1] Since the intent of the contracting parties is the controlling factor in the determination of the issues of who was the owner and who was in possession of the personal property sold, on January 1, 1942, and since intent is a question of fact, we will set out the pertinent facts. It is to be kept in mind that the on... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433326/ | The appellant assigns as error rulings of the court on the introduction of evidence, the sustaining of a motion for directed verdict, and the sustaining of a motion striking an amendment to the petition. The action of the court in striking the amendment to the petition is the principal matter involved in this appeal.
T... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433328/ | In 1908, and for some time previous, Frank M. Hartwick and Fred A. Hartwick (brothers) were the owners of a 164-acre farm in Davis county, Iowa. Frank resided in Clinton, Michigan, and Fred in Moline, Illinois, and Fred looked after the renting of this farm.
In November, 1926, Fred commenced an action in partition. Tha... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433329/ | The accident, resulting in alleged serious and permanent injuries to plaintiff, occurred at 10:50 o'clock a.m., on the 9th day of January, 1933. At that time plaintiff was riding in the rear seat of an automobile belonging to P.H. *Page 1102
Jones. The car was traveling in a westerly direction on highway No. 30, and a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433332/ | On the 18th day of December, 1933, W.E. Thompson was the owner of the title to a farm of approximately 204 acres of land in Clay county, Iowa, subject to a mortgage *Page 721
thereon in the principal sum of $5,000, which was then owned by the Brotherhood of American Yeomen. On that date Thompson rented the farm to L.A... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433333/ | Appellant Board alleges that it was established in 1904, covering an area of 62,867 acres; that it was and is the lower or outlet district through which waters from the tributary districts found their way to the Missouri River; that the total area covered by all the districts is approximately 250,000 acres; that during... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433334/ | [1] Both the challenge to the probate of the will and codicil and the supporting and opposing testimony are of a type very familiar to the courts. The propositions of law involved for the most part have been before this court many times. Whether the maker of a testamentary disposition of property had sufficient mental ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433335/ | The plaintiff Allen was receiver of the Victor J. Silliman Company, Inc., which was engaged, prior to the appointment of the receiver, in selling securities or as brokers. The Silliman Company had purchased what is known as a brokers blanket bond from the Massachusetts Bonding Insurance Company, defendant-appellee, th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433372/ | The preceding statement as to the issue submitted calls for a brief recital on the factual side. It is alleged that the note in suit was executed on the first day of August, 1924, and payable on the first day of October, 1924, in the sum of $240, with interest at 8% after maturity; that the note was given by the defend... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433375/ | Appellants are heirs of decedent, Eva L. Huston. Though also named as legatees under her will, their participation in her estate as such would not equal what it would be as heirs; hence their interest in establishing its invalidity. The appellee is executor of her will. *Page 298
The will was admitted to probate witho... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433376/ | This action is based upon three promissory notes, executed by the appellees to the Riverside Savings Bank. One of the notes was in the principal sum of $1,500, bearing *Page 458
date November 27, 1922; another note was in the principal sum of $200, bearing date, August 15, 1923; and the third note was in the principal... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433377/ | A few days before the Fourth of July, 1931, a young American boy, whose name does not appear in the record, filled with enthusiasm and the desire to demonstrate his patriotism like boys of his age at that time of the year, entered a drug store which had a large display window filled with fire crackers and other explosi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433378/ | [1] Plaintiff's petition alleged: On December 31, 1943, Clinton Melvin, son of defendants, made an oral contract to marry plaintiff; by reason thereof he seduced and debauched plaintiff and she is pregnant; plaintiff was chaste and of good moral character and at all times has remained so with the exception of her sexua... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433379/ | The alleged contempt is predicated on a publication, to wit:
"It is perhaps ungracious to criticize a man who has furnished so much of what we newspaper slaves call `hot copy' as Judge Hume. But for months I have had a growing feeling of disgust with the opinions which he has handed down — a feeling which I believe is ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433380/ | There was a motion to dismiss this appeal and a resistance, but upon our view of the case it is unnecessary to consider the same.
For the sake of brevity, the First State Bank of Fredericksburg, Iowa, will hereinafter be called "the bank," and the Northern Lumber Company "the lumber company."
Very briefly stated, it ap... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433381/ | Plaintiff's petition, filed May 25, 1939, alleged an oral agreement with defendant to marry, on or about August 1928; her willingness at all times to marry him, and his failure to carry out his contract; that such promise was constant and continuous and she relied thereon until on or about January 1939, when she discov... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433382/ | The right of appellants, as administrators, whose decedent was not a party to or the owner or holder of the mortgage involved, to prosecute this action to foreclose the same is predicated upon the equitable doctrine of subrogation. The essential facts are in no sense complicated and may be briefly stated. *Page 1007
O... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433383/ | I am unable to agree with the majority opinion. The action is brought against the defendant alone to reestablish a pre-existing mortgage lien on a certain forty-acre tract of land acquired by the defendant under warranty deed. A release of said mortgage by the mortgagee thereof had been delivered and recorded many year... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433384/ | This is an action in probate, to recover on a claim against the administrator of the estate of C.C. Mateer, deceased, for board, lodging, washing, ironing, mending of clothing, care, and nursing, furnished to the decedent for a period of nearly twenty years. The defendant-administrator filed a motion for more specific ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433425/ | Appellee Olson had about thirty years' experience in the coal-mining business. The appellant Hugh M. Shuler, together with others, was interested in operating coal mines in Iowa. In 1919, appellee was employed by the Shulers to procure coal leases for them in the vicinity of Grimes, Iowa. As a result of such employment... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433426/ | The intestate was Frank Robertson, who died in Denver, September 29, 1922. At the time of his death, he had apparently on deposit in the defendant bank the sum of $10,980, represented by several certificates. Prior to October 6, 1922, these certificates were forwarded by a Denver bank to the defendant bank for payment.... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433430/ | [1] Some time prior to the year 1905, there was platted and laid out, in the city of Cedar Rapids, an addition known as Sampson Heights. This addition contains four blocks described by a stipulation of facts as follows:
"The addition to the city of Cedar Rapids, designated and known as Sampson Heights Addition fronts o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433431/ | This is an action at law for damages because of personal injuries received by the plaintiff while on the premises of the defendant hotel company. The petition alleged that the hotel company also operated a drug store for the convenience of its guests; that the plaintiff, while a guest of the hotel, went into the drug s... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433433/ | Carl Misbach was an employee of the city of Cedar Rapids, Iowa, since the 31st day of October, 1934, in the capacity of a fireman and as a member of the fire department of said city; that he continued in such employment down to and including the 11th day of January, 1940; that he received a monthly compensation of one ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433434/ | [1] At the threshold of this case we are met with the contention that the proceedings in this court should be dismissed, under the claim that a writ of certiorari will not lie, for the reason that, under the statute, the decree entered by the contest court is final. We had this question before us in the case of Jones v... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4261482/ | Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 28, 2018
The Court of Appeals hereby passes the following order:
A18D0296. ANTONIO D. JONES SR. v. THE STATE.
On January 26, 2018, we granted Anton... | 01-03-2023 | 04-05-2018 |
https://www.courtlistener.com/api/rest/v3/opinions/3433391/ | On the 1st day of February, 1920, J.E. Johnson executed and delivered to the defendant, Wm. Kilpatrick, a promissory note for $5,000.00. Later Kilpatrick transferred said note to the plaintiff and indorsed the same, and the plaintiff is now seeking to recover on this note against Kilpatrick on said indorsement.
On the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433427/ | Certain facts are not in dispute. It thus appears that, on January 14, 1914, the parties entered into a written contract for the purchase by the plaintiff from the defendant of a farm for an expressed consideration of $25,500. The land 1. PLEADING: was described in the contract as the fractional Construc- northw... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433428/ | DISSENT: Stiger and Miller, JJ.
Action at law by Fred W. Olson to recover upon a $1,000 policy insuring the life of Frank C. Olson. The application and physical examination of decedent were made December 20, 1938, the policy was issued December 29, 1938, and the assured died May 25, 1939. Defendant set up as an affirma... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433429/ | Appellee E.B. Myers, on February 10, 1924, commenced an action of forcible entry and detainer in justice of the peace court against appellant for the possession of certain real estate in the city of Sheldon. A change of venue was taken to the next nearest justice, who, deeming himself disqualified, on his own motion tr... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433439/ | On January 20, 1927, the plaintiff slipped and fell upon an icy sidewalk on the north side of Fifth Street in the defendant city. The particular place of the accident is *Page 1214
1. MUNICIPAL known as 45 West Fifth Street. No. 45 consists CORPORA- of a building extending east and west along the TIONS: ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433441/ | This was originally commenced as an action at law, to recover on an insurance policy, for loss by fire of machinery and fixtures constituting a locker and cold storage system. By amendment plaintiff asked reformation of the policy, and the cause was transferred to equity and tried as an equitable action.
In March 1937,... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433386/ | This is the second appeal of this case to this court. The opinion on the first appeal is reported in 201 Iowa 107. The facts of the case are set forth at length in said opinion, and it is unnecessary that we repeat them in detail at this time. Appellant Mary E. Webb owned certain property in the city of Keokuk. She exe... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433387/ | [1] The street railway company is the owner and occupant of a double track across the Walnut street bridge in the city of Des Moines. This bridge was repaved, and an assessment of $1,910.52 was lodged against the street car company. The street car company insists that this assessment is not in accordance with the law. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433388/ | The trial court, being of the opinion that the question involved was of sufficient importance to have the same presented and determined by this court, authorized an appeal to be taken. Apparently, the question involved has never been determined by this court. *Page 690
Briefly, the facts are these: On May 8, 1930, the... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433389/ | Luther L. Almquist was employed by the Shenandoah Nurseries, Incorporated, a defendant and appellant, on the 3d day of May, 1932. He had been thus employed by the nursery company since the preceding March. His employment required that he and other workmen pull "up and shake out" barberry bushes. The barberry bushes wer... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433390/ | This is a controversy between the receivers of two insolvent banks over the right to the possession of $5,000 worth of government bonds now in the hands of the clerk of the lower court under a stipulation, pending the result of this action. Appellant concedes that claimant is entitled to preference for the entire claim... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433394/ | On the afternoon of April 13, 1935, plaintiff entered the lobby of a substation of the Des Moines post office on Grand Avenue, and proceeded to the stamp window to purchase stamps. This window was immediately adjacent to a doorway leading from the lobby to the rear part of the post office. After purchasing stamps she t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433395/ | Only one question is presented for determination, and that is whether or not this cause should have been submitted to the jury. In order to arrive at a solution for the problem, a careful consideration of the facts is first necessary.
Historically they are the following: James R. Shipley, in the year 1922, secured a co... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/4063513/ | ACCEPTED
02-15-00183-CV
SECOND COURT OF APPEALS
... | 01-03-2023 | 09-29-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433496/ | The last will and testament of Elizabeth S. Pierson and also a codicil thereto were admitted to probate on the 29th day of April, 1926. The will was executed February 7, 1924, and the codicil on February 4, 1925. By the terms of the original will, the plaintiff was bequeathed the sum of $10. All the residue of the esta... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433497/ | Intervener-appellant's claim for an attorney's lien is based upon the following facts:
On the 24th day of April, 1926, the Adrian State Bank, of Adrian, Minnesota, appellee, was the owner of a $3,000 judgment in the district court of Franklin County, Iowa, against August H. Eichmeier. The judgment had existed for many ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433438/ | The State Bank of Swea City, Iowa, was engaged in the banking business at Swea City, and had operated for several years prior to November 26, 1926, on which date, pursuant to a resolution of its board of directors, the bank temporarily closed its doors. This was done in order to work out a plan whereby its creditors an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433442/ | Preliminary to a consideration of the various questions involved in this appeal, we believe it will be helpful to briefly set forth some of the salient facts and events leading up to the bringing of the action herein.
Sadie A. Carter, at times spoken of as Mrs. Morgan Carter, died on August 27, 1941, at Des Moines, Iow... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3441088/ | Affirming.
The parties to this appeal are husband and wife. In August, 1923, appellant, S.C. Booth, filed suit against his wife, Mattie L. Booth, appellee herein, for absolute divorce on the grounds of twelve (12) months' abandonment, averring that on or about the 1st day of June, 1922, she abandoned him and drove him ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433521/ | TORECEIVERS: Management of property — borrowing under order of
1, 3 court — expense of administration — priority. Money borrowed by a receiver, under authority of an order of court, must be repaid as an expense of administration, and the lender is entitled to a preference over other creditors.
RECEIVERS: New mortgage a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433522/ | Subsequent to the execution of the mortgage in suit to appellant by George E. and Edith R. McSpadden, they conveyed one half of the mortgaged premises, which comprised a farm of 180 acres, by definite description, to the defendant Loyal McSpadden. Thereafter, the said grantee purchased material of *Page 98
the Fullert... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433523/ | The collision in question occurred near midnight in May, 1927, on an intersection of Commercial Street and West Eleventh Street. These streets have diagonal courses, with intersection at right angles. West Eleventh Street extends from the northeast to the southwest, and Commercial Street from southeast to northwest. Th... | 01-03-2023 | 07-05-2016 |
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