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https://www.courtlistener.com/api/rest/v3/opinions/3428868/
Dismissed, on authority of Dudley v. State (1928),200 Ind. 398, 161 N.E. 1. *Page 712
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428871/
Appellant, Beardslee Chandelier Manufacturing Company, instituted this action against appellee, Chester A. Evans (doing business as "Evans *Page 447 Electric Company"), to recover the purchase price for certain electric lighting fixtures alleged to have been sold by appellant to appellee. To appellant's complaint, app...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428839/
This is an action in replevin, brought by appellants against appellee, to gain possession of "twenty imported Oriental rugs of assorted sizes." Appellants' verified complaint alleged that they, as receivers of the Black Panther Oil and Refining Corporation, were duly and legally appointed, with authority to sue for the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428841/
The appellant, on behalf of the State Highway Commission, filed this cause against the appellees for the appropriation of a parcel of real estate for the construction of the highway known as the Circum-Urban *Page 321 Highway, which extends from U.S. Highway 52 to Shadeland Avenue, Marion County, Indiana. This improve...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428842/
On September 29, 1927, the same being the 22nd judicial day of the September term, 1927, of the Henry Circuit Court, one Clarence Belt (hereinafter called "the defendant"), upon his arraignment, plead guilty to the charge of driving an automobile while under the influence of liquor. The court did not pronounce sentence...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428844/
Action by appellee against appellant to recover for services as agent. Complaint in two paragraphs; first based on an express contract of employment; second on quantum meruit. Answer in two paragraphs; denial and payment. Reply in denial to plea of payment. Trial resulted in a finding and judgment for $1,185.03. On app...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428845/
Chapter 48, of the acts of 1925, page 144, is an act concerning intoxicating liquors, approved March 4, 1925. The second section of that act provides that "the words `liquor' and `intoxicating liquor' wherever used in this act shall be construed to mean all malt, vinous, or spirituous liquors, containing as much as one...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428850/
Appellant brought this action against appellees for damages for the death of her decedent resulting from a railroad crossing accident in which the automobile wherein said decedent was riding was struck by one of appellees' trains at a railroad crossing in Rensselaer, Indiana. Trial to a jury resulted in a verdict in fa...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428852/
Appellee instituted a replevin action against the appellant. The issues in the case were closed by the parties, and a trial by the court resulted in a finding and judgment in favor of the appellee. Appellant filed his motion and reasons for a new trial on the grounds that the finding of the court is not sustained by su...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4066124/
ACCEPTED 04-15-00548-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/4066126/
THE STATE OF TEXAS MANDATE TO THE 71ST DISTRICT COURT OF HARRISON COUNTY, GREETINGS: Before the Court of Appeals for the Sixth Court of Appeals District of Texas, on the 1st day of July, A.D. 2015, the cause upon appeal to revise or reverse your Judgment was determined; a...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3486843/
Three cases have been consolidated for the purposes of this appeal. In the suits as separately tried judgments were recovered by the Receiver of the Lafayette Bank, of Baltimore, upon individual promissory notes for $1,500 each, payable to its order, made by the respective appellants. Upon one of the notes a bank depos...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3486845/
This is an appeal from a judgment entered on a verdict rendered in favor of the appellee (plaintiff) against the appellant (defendant). The declaration originally contained seven common counts and was afterwards amended by adding an eighth count. A demurrer to it having been sustained, the first seven counts were stric...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211168/
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 A15-0844 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428893/
The appellant was convicted of direct contempt of court and fined in the sum of $100, and ordered imprisoned for a period of 30 days on the Indiana State Farm. From this judgment he appealed. The record shows that on June 27, 1924, in the Clay *Page 144 Circuit Court of Clay County, Indiana, the following proceedings ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428915/
These are separate actions by the appellees against the appellant for damages because of injuries incurred in an automobile accident. The plaintiffs were guests of the appellant's decedent, and the action is controlled by § 47-1021, Burns' 1940 Replacement, § 11265, Baldwin's Supp. 1937, known as the "guest statute." R...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428916/
This action was instituted by the appellee to recover on an oral contract of insurance alleged to have been effected between Ida Thiel, wife of the appellee, and the appellant in which contract of insurance the appellee was named beneficiary. *Page 77 The original complaint was in six paragraphs. Subsequently all were...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428920/
Appellant was charged by affidavit with assault with intent to kill and murder, and was found guilty by the verdict of the jury of assault and battery. He seeks to reverse the judgment which followed the verdict for the alleged errors of the court: (1) In failing to pass upon the answer in abatement; (2) in overruling ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211258/
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 A14-1772 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/4031240/
THE THIRTEENTH COURT OF APPEALS 13-16-00042-CV Happy Endings Dog Rescue, a Texas Non-Profit Corporation v. Jon Layne Gregory, DVM and Donna J. Gregory On appeal from the ...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4326553/
C-Track E-Filing The Supreme Court of Nevada Appellate Case Management System C-Track, the browser based CMS for Appellate Courts ...
01-03-2023
11-01-2018
https://www.courtlistener.com/api/rest/v3/opinions/3428904/
Relator brought an action for mandate to compel appellants to reinstate him as a teacher in the public schools of Clinton School Township, Elkhart County, claiming to be a tenure teacher under the terms of the Teacher Tenure Law and to have been discharged in violation of such tenure law. *Page 382 Appellants' demurre...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428905/
ON PETITION FOR REHEARING. In his petition for a rehearing appellant urges the following considerations upon the court: (1) That much of the evidence upon which the trustee relied to support his action in 6. cancelling relator's contract related to incidents which occurred prior to the last term of school which was ta...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428906/
This was an action to determine the extent of the interest of the defendants in, and to partition certain real estate located in Adams County, Indiana. There was a trial by the court which made a general finding and rendered a judgment thereon, from which two of the defendants, Amanda Berning and Charles Berning, seek ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247137/
Royce C. Lamberth, United States District Judge Plaintiff Andy B. Vinh brought this action against the Washington Metropolitan Area Transit Authority ("WMATA") alleging that the defendant discriminated *77against him based on his race, gender, and national origin, in violation of Title VII of the Civil Rights Act of 19...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/4031247/
THE THIRTEENTH COURT OF APPEALS 13-16-00341-CR EX PARTE JESSE RIOS TDCJ# 1812554 On Appeal from the County Court at Law No 1 of Nueces County, Texas Trial Cause No. 02-CR-1708-1 ...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4057423/
[pic] BILL OF COSTS TEXAS COURT OF APPEALS, TENTH DISTRICT, AT WACO No. 10-14-00349-CV Robert Williams v. Russell Parker, Individually and Heir of Lawanna Keet...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428925/
This is an appeal from a judgment of the Monroe Circuit Court, wherein appellant was adjudged guilty of the crime of embezzlement in receiving *Page 563 a deposit in the Exchange Bank of Spencer, Indiana, on June 15, 1929, at a time when the bank was alleged to be insolvent. § 2479 Burns 1926, Acts 1907 p. 14. The err...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428926/
The appellant attributes the loss of his decedent's life to the failure of the appellee to meet the requirements of § 20-304, Burns' 1933, the pertinent parts of which read as follows: "It is hereby made the duty of all owners, contractors, subcontractors, corporations, agents or persons whatsoever engaged . . . in the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428927/
Appellee recovered a judgment for personal injuries occasioned by reason of being struck by one of appellant's street cars at the crossing of Fifth and Main streets in the city of Evansville. Main street runs in a northeasterly and southwesterly direction and is crossed by Fifth at right angles. Appellant operates a do...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428907/
This was an action of mandamus by the relator as clerk of the Circuit Court of Scott County, to require the auditor to call the county council into special session and to direct it to appropriate the sum of $600.00 to pay the salary of a deputy clerk of said Circuit Court. *Page 411 It is alleged in the complaint that...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428908/
This is a proceeding to establish a drain, commenced by a petition filed in the court below. Commissioners were appointed to view the proposed work and make report thereon. This report was filed on February 6, 1922. Appellants' lands had been named in the petition as affected and they had been given notice thereof, and...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428909/
The appellees, Maurice and Abe Lowenstein, as plaintiffs, brought suit in their individual names against appellant, as defendant, to recover damages for the alleged breach of two 1. written contracts of sale, signed by appellant and by the Hoosier Mercantile Company, in which name the complaint alleged plaintiffs were...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428910/
On November 6, 1936, Edward P. Shipley was struck by an automobile operated by appellee, and suffered injuries from which he died. He left surviving him his widow, America Shipley. Appellant instituted this action against appellee to recover damages for the benefit of said widow, as authorized by our statutory law (Sec...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4316725/
Perez v Barling (2018 NY Slip Op 06419) Perez v Barling 2018 NY Slip Op 06419 Decided on September 28, 2018 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in...
01-03-2023
09-28-2018
https://www.courtlistener.com/api/rest/v3/opinions/3428932/
Appellee, John C. Sparks, was granted a final injunction by the court below perpetually enjoining the appellant, Carl L. Burton, from obstructing or in any way interfering with the use of a certain public highway. The highway in question was alleged to have been established by continuous user by the public for a period...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428933/
This is an action instituted by appellee Lora E. Schrader against appellant Railway Mail Association to recover an "accidental death benefit" under a "beneficiary department certificate," hereinafter called "policy", issued by appellant, a fraternal beneficiary association, to William C. Schrader, appellee's husband, w...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428939/
This action was brought by the appellant in the Marion Superior Court and through it she seeks to recover from the appellee, as an individual, the sum of $11,577.00 which she claims is her property and which she turned over to the appellee, as the executor of the estate of Emily Collison, deceased, now pending in the M...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429022/
The following facts are material to a discussion of the propositions advocated by the parties involved. On July 19, 1921, the appellant owned 240 acres of land in Page County. Upon that date, he entered into a written contract in 1. VENDOR AND duplicate, whereby the Carl G. Wenstrand PURCHASER: Company, a corporat...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429023/
The defendant ran a restaurant in the town of Cumberland, Iowa. Peace officers visited his place of business on the night of May 14, 1932, and as a result of such visit he finds himself in his present difficulty. The officers say that upon arrival defendant was asked to surrender a bottle which he had in his pocket, bu...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429121/
Defendant was charged by county attorney's information, under section 723.1, Code, 1946, with the crime of interference with the administration of justice. After an application for bill of particulars had been denied and a demurrer to the information overruled there was filed an amendment to the information in which it...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428955/
This appeal questions the action of the Madison Circuit Court in removing appellant as Administrator of the Estate of James W. Sansberry, deceased, without notice or citation. Appellee James C. Sansberry filed his verified petition in said court charging appellant with various acts *Page 525 of misconduct and averring...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428956/
The appellant has assigned as error: The court erred in overruling the motion of the appellant for a new trial, and one of the causes is to the effect that the court erred in overruling appellant's objection to question No. 1 propounded to each of the twelve jurors by the appellee on his voir dire, to wit: "Mr. ____ (e...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428961/
This action was brought to recover the amount of a cashier's check which was issued by appellee, and on which check appellee afterwards stopped payment. The following is a statement of facts agreed upon between Oris O. Kinder, plaintiff and appellant herein, and Fishers National Bank, defendant and appellee herein, and...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3216623/
FILED NOT FOR PUBLICATION JUN 23 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS F...
01-03-2023
06-23-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428963/
In 1918, appellee Dowd commenced a suit against Andrews and Hamilton to recover damages for breach of a contract for exchange of real estate, and to *Page 183 set aside as fraudulent a conveyance by Andrews to Hamilton of the real estate now claimed by appellant Doty in the case at bar. At the time Dowd commenced his ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428966/
Appellant brought this action against appellees in two paragraphs to recover on an account against them for $2,277.17 plus interest. The first paragraph *Page 216 of amended complaint alleged that the goods for which the account was incurred were purchased by Amos E. Kunderd under the name and style of "A.E. Kunderd" ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428967/
Appellant Esta Young filed with the Industrial Board an application for compensation as the dependent widow of Arthur Young, naming appellee General Baking Company as his employer. Appellees Bert Young and Viola Young, father and mother of *Page 660 said Arthur Young, also filed an application for compensation as part...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428968/
This is an appeal from a judgment rendered against the appellant upon his refusal to plead over after a demurrer to his complaint had been sustained. It was alleged in the complaint that the appellant was for a long time a policeman of the City of South Bend; that on August 19, 1939, he became ill with hay fever and as...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429076/
The record has been carefully re-examined in the light of the argument upon resubmission. There was testimony from two witnesses, Van Cleve and Jones, which, if sufficiently corroborated, and believed by the jury, was ample to sustain the verdict. The trial court instructed that Van Cleve and Jones were accomplices. Th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428970/
Appellant, in the first sentence of "Argument" in his brief, says, "This appeal raises the single question as to whether or not the trial court erred in appointing a receiver in this cause without notice to the defendants, including the appellant." The appellant, Lawrence V. Meyering, and the appellees, Higgins, Remien...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428971/
This is an appeal from a judgment setting aside a deed executed by Amos W. Beach on June *Page 234 24, 1944, to the appellant, Audrey L. Stayner, for 120 acres of land in Steuben County and quieting the title of the appellees to said real estate. The cause was tried by the court without a jury, and a general finding w...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3428973/
Appellee brought this action in the Superior Court of Vigo County to recover damages for injuries alleged to have resulted from the negligent operation of *Page 159 an automobile by appellant. The complaint was in one paragraph and appellant, after his motion to strike out parts of the complaint and his motion to make...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429080/
This appeal presents only the question of jurisdiction of the district court over the subject matter of the litigation as to the appellant, Policyholders Mutual Casualty Company. The question is presented on an appeal from a ruling on a special appearance. The facts appear solely in the pleadings and supporting affidav...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429082/
On the 17th day of March, 1937, an information was filed by the County Attorney of Black Hawk County, accusing Thomas Hall of the crime of lascivious acts with a child under the age of sixteen years, and also of being an habitual criminal, setting out in said information the commission of two crimes, one on the 16th da...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429091/
The plaintiff, Richard Lagerquist, while a minor, subscribed, by a written contract, for 40 shares of the capital stock of the appellant corporation, the Bankers Bond *Page 432 1. INFANTS: Mortgage Guaranty Company, at $125 per share. contracts: He executed two notes therefor, payable to the dis-affir- appel...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429116/
Plaintiff was the owner of two properties in Ottumwa, one called the "West End property," and the other the "Woodland Avenue property." The subject of this suit is the Woodland Avenue property only. The sheriff's deed attacked was executed to defendant Williamson. Defendants make no claim under the sheriff's deed, and ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429118/
The accident happened about midnight on July 31, 1932, on the Lincoln Highway, which is known as Highway No. 30. Just east of the scene of the accident the Lincoln Highway runs east and west. There is a pavement connecting with the Lincoln Highway at this point which runs directly west, in line with the east and west p...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429087/
The defendant Albert Langman constructed a house, which was purchased with the lot by the plaintiffs in 1. VENDOR AND 1924. The lot was owned by Solomon Langman, PURCHASER: father of Albert. The record before us is rescission: replete with drawings, maps, and blue prints, mutual but a statement of the facts...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429089/
The plaintiff, C.M. Taylor, brought suit against defendants, Frank Kral and Mrs. Frank Kral, claiming damages for injuries suffered by him by being struck by an automobile owned by Frank Kral, which automobile he claims was being negligently driven by Mrs. Frank Kral. The case was submitted to the jury and a verdict wa...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429090/
The only specification of negligence in plaintiff's petition was that the right rear wheel of defendant's automobile was made so that the wheel fastened thereon with six lug bolts and nuts, and at the time of the accident the defendant was driving the same with only four nuts thereon, and one was loose *Page 270 and o...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429093/
[1] The administrator of the estate of Nella P. Grindey, deceased, brought an action in equity against the administrator of the estate of John J. Walrath, deceased, wherein he sought an accounting and judgment by reason of the claimed collection of rentals by John J. Walrath during his lifetime from eighty acres of lan...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429094/
On or about June 9, 1925, one Margaret C. Barnett borrowed the sum of $2000 of the appellant and gave her notes therefor, payable June 9, 1930, with interest at 7 per cent, and secured the same by a real estate mortgage on certain property in the city of Des Moines. On June 15, 1925, the appellant sold said notes to Ka...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429096/
I. Under the evidence for the State, three persons were implicated in the fraud which is the basis of the prosecution. These three were the defendant and Hinshaw and Gray. Gray has been heretofore convicted, and is serving his sentence. Gray was a nonresident, and was the prime actor in the transaction. He became a wit...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429098/
The county attorney's information filed in this case charged the defendant with illegal possession of alcoholic liquor on the 12th day of December, 1935, in Page county, Iowa, in violation of chapter 93-F1, at section 1921-f3. To this information the defendant plead not guilty. Upon trial of the case the State introduc...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429102/
John Phillips, at the time of his death in December 1934, was a member of the defendant brotherhood. The home office of the defendant, an affiliate of the American Federation of Labor, is in Cincinnati. Defendant is referred to in the record as the Grand Lodge, which had subordinate lodges in various parts of the Unite...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429104/
The plaintiff and appellant owns a tract of about 40 acres of land in the northwest part of a quarter section in Des Moines County. The appellees Swiler hold the title to 1. EASEMENTS: the remainder of the quarter section, and the creation, other appellees are purchasers under contract existence, from them. The...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429105/
The safe in a law office in Ottumwa was robbed and a small steel securities box, which was in the safe, was carried away by the robbers. This box contained securities owned by defendants, consisting of twenty registered United States Savings Bonds in the sum of $1,000 each, and certain recorded stock certificates for s...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429106/
After the submission of the case to the trial court, the plaintiff, without notice and without leave of court, filed a purported amendment to her petition, which she brings here by way of amendment to the abstract. Defendants move to 1. APPEAL AND strike this amendment to abstract, on the ERROR: ground, in sub...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429107/
I. The sale of corporate stock involved in this case is one of three sales made as a part of the transaction considered in the case of Pullan v. Struthers, 201 Iowa ___. Another sale of stock in the same corporation, and involved in an action based upon it, was before us in Reinertson v. Struthers, 201 Iowa ___. Most o...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429266/
The facts in this case, which are not seriously in dispute, are as follows: *Page 767 In the early part of the year 1925, the deceased, Adelia A. Hanson, appeared at the Commercial Trust Savings Bank of Charles City, with something over $3,000 in currency. She wished to buy government bonds in the amount of $2,000, 1...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429268/
Appellant owned three hundred sixty shares of the capital stock of the Citizens Trust Savings Bank of Davenport, Iowa. On the 27th day of April, 1931, that bank and the American Commercial Savings Bank of Davenport, Iowa, entered into a contract, subject to the approval of their stockholders, called a contract of mer...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429095/
About 1881 the Missouri River shifted to the east, washing away a large portion of Section 15-80-45, including the Southwest Quarter of the Northwest Quarter, and establishing a new east bank near the east side of the section. Thereafter the river receded to the west, resulting in the formation of sand bar land where t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429100/
The American Trust Company was a corporation organized and existing under the laws of the state of Iowa with its principal place of business in Davenport, Scott county, Iowa. The will of one Pauline Strasser was admitted to probate in the district court of Scott county, Iowa, on the 2d day of April, 1928. The will crea...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429101/
This is an original proceeding in certiorari, to test the jurisdiction of the respondent court to modify a decree of divorce with respect to the custody of children and the payment of alimony, as provided in said decree. The 1. DIVORCE: record before us discloses that, on October 29, decree: 1921, a decree of...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429103/
I. Appellant Zora Roberts is the owner of a Studebaker automobile, and the appellee, S.S. Harriman, was the owner of a new Chevrolet. On June 28, 1928, a collision occurred between the two automobiles at a point on the Lincoln Highway about five miles west of Mt. Vernon, Iowa. Appellant's car was being driven west by R...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429280/
During an automobile race at the Clay County Fair, on October 1, 1927, one of the automobiles driven by a Mr. Nichols, at a high rate of speed, crashed through the fence surrounding the track, and ran a distance thereafter of about 40 or 50 feet, striking the plaintiff and severely injuring him. This action was institu...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033503/
15-2820-cv Patterson v. Raymours Furniture Co. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CORRECTED SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER ...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033990/
Filed 9/15/16 C.Z. v. Superior Court CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion h...
01-03-2023
09-15-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429286/
In this action the plaintiff, R.K. Phillips, the defendant, L.F. Catterson, and the interveners, Iowa Trust and Savings Bank and Mahaska State Bank, all claim some interest in certain cattle in the possession of the defendant, Catterson. By an amendment to his petition, the plaintiff, Phillips, asserted that the cattle...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429289/
Plaintiff's original petition sought a divorce on the ground of adultery. By an amendment to her petition plaintiff added, as ground for relief, the assertion that defendant had been guilty of cruel and inhuman treatment, struck the prayer for a divorce, and prayed for separate maintenance in the amount of $35 per week...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429291/
On a bright Sunday afternoon in November, 1936, plaintiff was riding astride on the seat of a motorcycle behind its driver. They were driving in a northerly direction on the right side of Mullan Avenue in the city of Waterloo, Iowa. When they reached Lafayette Street, which intersects Mullan Avenue, the motorcycle turn...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4064558/
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § No. 08-15-00320-CR IN RE § ORIGI...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429284/
This was an action at law upon a promissory note claimed to have been executed by D.E. Byam, Sr., and W.G. Hornung. The issues were between plaintiffs-appellees, Granner, and the defendant-appellant, Hornung. The defendant Hornung's answer, in substance, denied that the note in suit was signed by the said defendant, an...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429375/
The plaintiff, Sarah McCornack, aged about 63 years, and residing near Cromwell, Iowa, on September 7, 1935, was riding in an automobile owned by a relative, the defendant C.B. Pickerell, which car was at the time driven by one Flora Donner with the consent of the owner. The car in which she was riding was traveling ea...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429378/
[1] Plaintiff, in an action at law, sought damages for injuries received as the result of an intersection collision between an automobile which he was driving and one driven by the defendant. The issues presented by the pleadings and the evidence were submitted to a jury, which returned a verdict in favor of the plaint...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429383/
[1] The judgment sought to be vacated was entered in a proceeding brought by the plaintiff to set aside the probate of her father's will upon the ground, among others, that its execution was procured by the undue influence of the defendant Addison, a sister of the testator. The trial was begun January 25, 1943, and the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247138/
CHRISTOPHER R. COOPER, United States District Judge This is the second in a series of cases involving the Federal Election Commission and its (non)regulation of American Action Network, Inc. ("AAN"), a self-described "issue-oriented action tank" that ran nearly $18 million in television advertisements just before the 2...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/4323111/
Fourth Court of Appeals San Antonio, Texas October 18, 2018 No. 04-18-00607-CV IN THE INTEREST OF S.A.M., ET AL, From the 225th Judicial District Court, Bexar C...
01-03-2023
10-22-2018
https://www.courtlistener.com/api/rest/v3/opinions/3429377/
By reason of the matters hereinafter set out, the original opinion filed in this case and reported in 216 N.W. 753 is withdrawn. Certain of the heirs filed a motion to dismiss the appeal in this case. In the original opinion we held that, because the case was assigned for trial on March 9, 1927, and motion to dismiss t...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033484/
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Steele v. Eppinger, Slip Opinion No. 2016-Ohio-5790.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of ...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429380/
The facts, briefly stated, are these: The Commercial Savings Bank of Ames, Iowa (plaintiff and appellee), on February 25, 1920, loaned to Ernest G. Carey (defaulting defendant) the sum of $5,000, and as evidence thereof, Carey executed a note due in six months. This note was renewed twice, by giving a new note bearing ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429307/
On September 26, 1928, one D.F. Gingerich was the owner of the east half of the northwest quarter (E. 1/2, N.W. 1/4) and the west half of the northeast quarter (W. 1/2, N.E. 1/4), of section 15, township 78, range 7, in Johnson county, Iowa, and on said date the appellant herein issued to said D.F. Gingerich its policy...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429308/
[1] Objections were filed to the final report of the administratrix, Gertrude E. Rush, in the estate of Paul Randle, deceased. The objectors, the heirs of Paul Randle, contended the administratrix had handled the estate irregularly by not getting orders of court to make payments; by failing to file a complete inventory...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429309/
For brevity and clarity, the City of Council Bluffs and its defending officers, and the Iowa State Highway Commission and its defending members, will be referred to, respectively, as the "City," and as the "Commission." This case was tried below, and comes to this court, by somewhat irregular procedure. It was institut...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429310/
The record in this case is quite voluminous. It presents a situation with many singular complications. A solution of the problems presented requires only the application of well-established principles of law. In this situation we shall not incumber the reports with more than a statement of our conclusions as to a prope...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429311/
On December 26, 1929, the appellant filed a petition in the district court of Iowa in and for Pottawattamie county against Olaf Nelson, John J. Nugent, and six other men, alleging that they were a copartnership doing business under the name of the People's Store, and charging a conspiracy to libel and slander the appel...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429312/
This action is based upon a conspiracy. The appeal can be disposed of by an examination of the facts for the purpose of ascertaining whether anything was done pursuant to the *Page 998 alleged conspiracy which is actionable. This court is committed to the rule that a conspiracy cannot be the subject of a civil action ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429313/
The former opinion in this case was filed under date October 15, 1929 (226 N.W. 922). On account of an erroneous statement of the record which has been corrected in this opinion, the former opinion is withdrawn and this opinion substituted in its place. Appellants are husband and wife, and Orville Case, plaintiff's hus...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429315/
Defendant was charged with a misdemeanor, to wit, intoxication, under an ordinance of the City of Des Moines known as ordinance No. 349, section 714, which ordinance imposes a fine or penalty. The defense was that although the said ordinance was duly passed by the city council of Des Moines, Iowa, on or about the 10th ...
01-03-2023
07-05-2016