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https://www.courtlistener.com/api/rest/v3/opinions/1817533/
440 F.Supp. 1010 (1977) SAYLES BILTMORE BLEACHERIES, INC., Plaintiff, v. SOFT-FAB TEXTILE PROCESSORS, INC., Defendant. No. 77 Civ. 4501. United States District Court, S. D. New York. November 28, 1977. *1011 Austrian, Lance & Stewart, P. C., New York City, for plaintiff; Sandra Gale Behrle, Washington, D. C., of counse...
01-03-2023
10-30-2013
https://www.courtlistener.com/api/rest/v3/opinions/4033579/
IN THE COURT OF APPEALS OF IOWA No. 15-1853 Filed September 14, 2016 STATE OF IOWA, Plaintiff-Appellee, vs. DAMARIO JOHNSON, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa Dist...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/4066133/
REcoRDs REQuEsT FoRivi wl _ /_5_» 3 §_3__@ (/. Cause No. ()';z ` /j" 2 L/q( L/ Name: (////l H/l /(,i/.l? ./ A/WL&U\ ll Flrm: L&’U @6)5 0 l\Q/(,LGVL/ A/YVL/(./U/\ Phone#:
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429965/
A narrow-gauge line of railroad belonging to the defendant company runs east and west through the incorporated town of Zwingle, a town of 149 inhabitants. This line of railroad connects the towns of Bellevue and Cascade. U.S. Highway No. 61 runs north and south through Zwingle. *Page 701 The accident in question occur...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429966/
The crucial questions in the case are: (1) Was there a completed gift to the defendant and her mother of *Page 1283 the property sought to be recovered by this replevin suit? (2) was the donor, Park A. Findley, mentally competent to make such gift? Appellant contends that there was not sufficient evidence tending to n...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429968/
On November 4, 1931, Henrietta L. Wilson commenced an action in the district court of Appanoose county against Ben Adams. The petition, as amended, is in three counts. On April 1, 1932, the defendant Ben Adams filed a motion for a change of venue from Appanoose to Monona county. This motion was supported by the affidav...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429974/
Defendant was indicted for operating a motor vehicle upon the highway while in an intoxicated condition. The verdict of the jury was guilty. Sentence was for four months in jail and a fine of $600. Defendant appeals. While several assignments of error are asserted, they involve but two propositions. First, Was there su...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429976/
I respectfully dissent to the pronouncement made by the majority as to the interpretation of the facts and the law as applied to the facts. This is an action in the nature of a creditor's bill. The plaintiff was the judgment creditor of the defendant Eda Hedges, and when he commenced his equitable action, in conformity...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429977/
This action was instituted by the county attorney of Clinton county under the authority and provisions of chapter 531 of the Code (section 12417 et seq.). It is provided by section 12417, which is a part of said chapter of the Code of 1931, that: "A civil action by ordinary proceedings may be brought in the name of the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429983/
This appeal presents one primary proposition: Was the action of the directors of the defendant-corporation in fixing their own salaries as officers illegal and void? *Page 237 This defensive claim arises by reason of an allegation contained in the answer of the defendant, and it was made a ground in the motion of defe...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3209070/
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Eric Ames, : : Petitioner : : v. : No. 2421 C.D. 2015 ...
01-03-2023
06-03-2016
https://www.courtlistener.com/api/rest/v3/opinions/3209054/
15-1147 (L) Vera v. The Republic of Cuba UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED AFTER JA...
01-03-2023
06-03-2016
https://www.courtlistener.com/api/rest/v3/opinions/4031266/
NUMBER 13-16-00314-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ CHANTELLA MARIE ROSALES, Appellant,...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4049070/
S&0-I5 ELECTRONIC RECORD COA # 07-14-00441-CR OFFENSE: OTHER CRIMINAL Robert Wayne Leisher v. The State STYLE: ofTexas COUNTY: Dallas COA DISPOSITION: Affirmed TRIAL CO...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033552/
UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD BRIAN A. SEIGARS, DOCKET NUMBER Appellant, DA-0752-15-0091-I-1 v. DEPARTMENT OF THE AIR FORCE, DATE: September 14, 20...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/3209069/
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Kristoffer Orwig : : v. : No. 286 C.D. 2015 : SUBMITTED: April 29, 2016 Commonwealth of Pennsylvania, : Department of Tran...
01-03-2023
06-03-2016
https://www.courtlistener.com/api/rest/v3/opinions/4031268/
THE THIRTEENTH COURT OF APPEALS 13-16-00314-CV Chantella Marie Rosales v. Robert Jacob Morales On appeal from the 148th D...
01-03-2023
09-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430025/
On June 30, 1926, Howard V. Wilson, nine years of age, met his death by reason of coming in contact with, or in close proximity to, a wire charged with 6,600 volts of electricity. The plaintiff, administratrix, brings this action to 1. NEGLIGENCE: recover damages against the Electric Light acts or Company and tw...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430026/
[1] Defendant employer, Harry Hansen, had not insured his liability as provided by section 87.1 (references are to Code of 1946), nor had he been relieved from so doing pursuant to section87.11. When plaintiff's intestate was injured defendant had more than five persons in hazardous employment. Plaintiff administratrix...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430031/
The appellant was charged by indictment with a violation of Section 5080 of the Code of 1924. That section, so far as here material, is as follows: "No person shall: * * * Possess a motor vehicle the serial or engine number of which is defaced, altered, or tampered with." Section 5081 provides punishment by imprisonmen...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4083167/
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 755 CA 13-00007 PRESENT: SMITH, J.P., CENTRA, CARNI, WHALEN, AND DEJOSEPH, JJ. IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER MALCOLM R. CUL...
01-03-2023
10-07-2016
https://www.courtlistener.com/api/rest/v3/opinions/3429985/
Plaintiff's petition, in five counts, seeks to recover the proceeds of five policies of insurance on the life of *Page 595 her father, John H. Turner; the policies had named her mother, Hannah L. Turner (defendant), as beneficiary but the right to change the beneficiary was reserved; thereafter the insured in writing ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430010/
Maggie L. Dorsey and Frank B. Dorsey, Sr., were wife and husband. They had two children namely, Margaret Dorsey Hodgson, who is the plaintiff herein, and Frank B. Dorsey, Jr., who is one of the defendants. Maggie L. Dorsey died September 1, 1929 intestate; Frank B. Dorsey, Sr., died September 8, 1937 testate, but accor...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430011/
On the morning of November 9, 1939, a check dated Anamosa, November 6, 1939, for the sum of $10.80 was presented to and cashed by the Clarence Savings Bank of Clarence, Iowa. It was drawn on the Citizens Savings Bank of Anamosa and payable to Mrs. H. LaRue. This check is Exhibit 2. *Page 750 In the afternoon of the sa...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430012/
No attempt will be made to set out in detail the many and varied activities of the decedent while in the service of the Mustaba Investment Company. There is substantially no conflict in the evidence, and it will be sufficient for our purpose to sketch in outline such facts as seem determinative of the question before u...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430013/
To a general understanding of the questions raised on this appeal, a statement of the facts is necessary: The plaintiff was and is a partnership residing in Omaha, Nebraska, engaged in buying and selling live stock. On October 18, 1922, the plaintiff sold to H.H. Keeler Son, of Marshall County, Iowa, 59 head of steers...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430015/
On March 4, 1930, the plaintiff filed his petition in the District Court of Greene County, Iowa, alleging, among other things, in substance, that at one time he and his brother, S.M. Taylor, were jointly interested in real estate of the approximate value of $40,000.00. This real estate consisted of a farm and two prope...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430021/
I. The petition assails the validity of a certain paving contract entered into by the town of Garner with the defendant contractor in March, 1920, for paving to be constructed upon the streets of such town. The contract was fully performed long before its validity was assailed. The ground of attack is that the legal ef...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430022/
Sometime in the year 1920, one J.B. Mitchell was appointed guardian of his granddaughter, Helen E. Jewell, a minor. The corpus of his ward's estate consisted of an interest in a tract of land, which was ordered sold by the court, 1. GUARDIAN and the total purchase price of $11,500 was put AND WARD: into a mortg...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430023/
In August of 1926, two engines belonging to the Chicago, Milwaukee St. Paul Railway Company were out of commission, and stored on a track in said company's yards at Ottumwa, Iowa. Certain of the fittings on these engines had been removed by someone, without authority of said company, and had been piled on the right of...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430024/
This is an action by the bank for foreclosure of a mortgage given by Pearl May Bolton and L.H. Bolton, her husband, covering, in the language of the mortgage: "Our undivided interest in the fractional North Half of Northeast Quarter (N 1/2 NE 1/4) and the South Half of Northeast Quarter (S 1/2 NE 1/4) of Section Two (2...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430034/
This is a probate proceeding wherein certain children of Charles C. Shivvers, deceased, petitioned the court for the appointment of an administrator of his estate, alleging that said estate had not been duly administered according to law and that they were entitled to have an administrator appointed to legally settle s...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4058736/
OFFlclAL NOTICE FROM COURT OF CRlMINAL APPEALS OF TEXAS . O FF l @~'@\1.3_03 U30§'\QAEPE@L STATION' 'A " S‘I§lN'¥HE;§;§S 7_87'.1!1’OSTAGE >> PlTNEY sowEs STATE OF TEXAS k ‘§"’_ “ i~ -.--11 mw PENALTY FOR ~<
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430073/
The plaintiff was charged by information before the defendant, mayor of the city of Newton, with the crime of assault and battery, not in violation of a city ordinance, but in violation of the state law. The plaintiff was arrested, and brought before the mayor, and to the information entered a plea of not guilty. Befor...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247141/
JOHN D. BATES, United States District Judge The United States brings this in rem action pursuant to 18 U.S.C. § 981(a)(1)(A) seeking forfeiture of sixteen defendant properties alleged to have been part of "an international conspiracy to launder proceeds of corruption in Nigeria during the military regime of General San...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/7247142/
COLLEEN KOLLAR-KOTELLY, United States District Judge Counter-Plaintiffs Judicial Watch, Inc. ("Judicial Watch") and Thomas J. Fitton *143seek to introduce certain exhibits in support of their counterclaims. Counter-Plaintiffs indicated on March 2, 2018, that they wanted to use Exhibits 4-31. Counter-Plaintiffs discusse...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/3430049/
We devote our first attention to the plea of "accord and satisfaction." By the third division of the answer, it was made to appear that, at and before the time of his injury, the plaintiff was an employee of the Oliver Farm Equipment Sales Company; that, by reason of his injury and his disability, the plaintiff became ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430050/
Involved in this controversy are two estates, and, for a more lucid understanding of a somewhat complicated affair, a statement of the relationships of the parties and the chronological facts is important. Peter and Adelaide Hoffman were husband and wife. Augustin Hoffman, the appellant, and Emil P. Hoffman, the appell...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430051/
This is an action in the nature of a creditor's bill, to set aside a conveyance of certain real property upon the ground that such conveyance was in fraud of creditors, and to subject the same to the payment thereof. The appellees Ella M. and H.W. Brower executed two promissory notes to J.F. Van Horn: one for $2,930.13...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430072/
The mortgage in question was given on August 5, 1926, and fell due one year after date. On August 8, 1927, Mrs. Foster died. There had been more or less domestic trouble between herself and her husband. She became seriously ill, and was confined in a hospital for many weeks. In order to provide for the expenses inciden...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430074/
The question is whether the defendants' possession *Page 303 of the note, under the facts of the case, is presumptive evidence of either payment or gift. Plaintiff's intestate, J.F. Strasser, died August 23, 1924. Defendants, John T. Martin and Leona Martin, are husband and wife. Leona is the daughter of intestate. On...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430076/
This cause is submitted upon a stipulated state of facts, from which it appears that the appellant is a resident and taxpayer of Sioux City, and that the latter is a municipal corporation, duly organized under the laws of this state, and that the individual appellees are officers of said city. It is stipulated that, fo...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430094/
I. The indictment charges that the offense was committed in Ringgold County on or about February 1, 1925. On that date the prosecutrix was a few months past 13 years of age, and the defendant, 17 or 18. According to the testimony of the prosecutrix, the act was committed during the evening, while she and defendant were...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430075/
This case presents a question of law. The facts are not in dispute. The only claim of vantage asserted by plaintiff is based on the fact that a judgment in law on the second mortgage note was secured by him against one Ford, the 1. MORTGAGES: mortgagor, subsequently to the date of the foreclosure: decree and sale o...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430077/
Leaving the intervener's petition for discussion in a later portion of this opinion we first proceed to a consideration of the issues as between plaintiffs and defendants, by all of whom the following facts are conceded: that plaintiffs are the holders of a valid tax deed to the city lots involved, dated April 1, 1935,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430078/
On February 23, 1939, plaintiff filed her petition for divorce averring that defendant had been guilty of such inhuman treatment as to endanger her life. Defendant filed a cross-petition grounded on adultery. On May 29, 1939, *Page 423 the cause was tried. The findings of the court were that the evidence did not suppo...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430112/
Plaintiff's allegations, so far as material, are, in substance, that plaintiff in 1922 became the owner of stock in the First National Bank of Perry, which was then the holder of bonds of the Union Mortgage Company. These bonds were secured by collateral deposited with the Central State Bank as trustee. Defendant was d...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430117/
One Herbster owned 168 shares of the capital stock of the Darrow Trust Savings Bank of New Hampton, Iowa. He died testate in August, 1917. By his will he bequeathed 68 shares of said capital stock to his widow, and 100 shares to his son, Wesley Herbster. He devised certain real estate to each of said parties. The will...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430119/
On April 4, 1938, the grand jury in the district court of Iowa in and for Mahaska county returned an indictment against the defendant charging him with the crime of false uttering of a bank check contrary to the provisions of section 13047, 1935 Code. Section 13047 reads: "Any person who with fraudulent intent shall ma...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430125/
On November 15, 1923, the plaintiff was in the employ of the defendant, as the engineer in charge of its pumping plant. He had been engaged in such employment for the seven years preceding. On the morning of November 15th, he notified the 1. MASTER AND chairman of the waterworks committee that he SERVANT: would ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430127/
We have no argument for the appellee. The reason for such failure becomes rather apparent upon an examination of the record. The plaintiff is the holder of a life insurance policy in the defendant company. In addition to death benefits provided by said policy, there are contained therein certain other so-called "provis...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4065869/
05/13/2015 Cause No. 14-15-00058-CV IN THE FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS ________________________________________________________ HIGHMOUNT EXPLORATION & PRODUCTION, INC., AND DOMINION OKLAHOMA TEXAS EXPLORATION & PRODUCTION, INC. ...
01-03-2023
09-29-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430079/
John Hamilton, late of Boone county, Iowa, was the owner of 120 acres of land located in said county, upon which he and his wife, Rebecca Ann, and an unmarried adult son, L.J. Hamilton, resided at the time of John's death in 1914. There were two other children, Mrs. Carlson and Mrs. Moss, plaintiffs and appellees herei...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430080/
One Junger obtained a judgment in the Monona County district court against the appellee, Wertz. Execution was issued on this judgment, and levy was made on the 19th day of November, 1923, on certain property not involved herein. On December 14th following, certain other personal property was *Page 306 levied upon, und...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430081/
The action is in equity, to foreclose a real estate mortgage securing three notes aggregating $4,950. The notes are renewals of a note originally given by the appellants for stock in the American Bankers' Securities Company. The 1. BILLS AND original note was given in 1919, and on NOTES: September 28, 1920, w...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430083/
Respective counsel for the contending parties unite in the statement that the case of Davidson v. Henry L. Doherty Co.,214 Iowa 739, 241 N.W. 700, is determinative of the case at bar unless it be overruled herein. The cited case was an action by Davidson against the same defendant herein, and was predicated upon a cau...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430086/
The board of supervisors of Appanoose County, in making the levy of taxes for 1926, included, with others, and made levy of, an emergency fund of 8.34 mills, and appellants paid this under protest. Two actions are involved herein: one by the Chicago, Rock Island Pacific Railway Company, and the other by the Chicago, B...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033580/
IN THE COURT OF APPEALS OF IOWA No. 15-1883 Filed September 14, 2016 STATE OF IOWA, Plaintiff-Appellee, vs. CODY MICHAEL BERTRAM, Defendant-Appellant. ________________________________________________________________ Appeal from the Io...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/4260994/
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 3, 2018 Plaintiff-Appellee, v ...
01-03-2023
04-04-2018
https://www.courtlistener.com/api/rest/v3/opinions/3430230/
This case originated as an action in equity brought by plaintiffs seeking the appointment of a trustee of real estate. The issues became such that the only question necessary to be considered on this appeal is whether, by reason of the terms of the will of John Schwebach, there resulted an equitable conversion of certa...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430236/
On April 19, 1921, Ina E. Durham, a spinster, executed her last will and testament. In the fourth paragraph thereof she gave "to the original chapter of the Salvation Army located in Council Bluffs, Iowa, one fourth of all my property that 1. WILLS: I own at the time of my death." This will was construc- duly...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430115/
[1] I. Defendant's first proposition is that the court erred in permitting the witness, Margaret Blanchard, 8 years of age, to testify because she did not understand the meaning of an oath, nor what it meant to be a witness. On preliminary examination as to her competency by the court, she testified she knew what "tell...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430133/
In October, 1931, the Educational Films, Inc., of Iowa commenced an action in the municipal court of the city of Des Moines against Don Thornburg. It appears from the return filed herein that the defendant in that action, on November 14, 1931, filed a motion for a change of the place of trial upon the ground that he wa...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430134/
I. For more than 25 years, the plaintiff, a partnership, has been the owner and in occupancy of nearly all of Block 23 in Tuttle's Addition to Clear Lake. It is engaged in the coal and lumber business, and has carried on its business 1. MUNICIPAL during all these years upon said Block No. 23. CORPORA- It has co...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430135/
This is the second appeal in this case. The former opinion appears in 197 Iowa 1118. Only a partial statement of the record is necessary, so far as the questions involved in the appeal are concerned. Eighth Avenue in the city of Vinton runs north and south. Appellant's tracks, six in number, cross Eighth Avenue. To the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430137/
[1] This is a phase, perhaps the closing chapter, of what has been protracted litigation. Former opinions of this court, which mark the progress of the litigation, include Ontjes v. Bagley, 1933, 217 Iowa 1200, 250 N.W. 17; Bagley v. District Court, 1934,218 Iowa 34, 254 N.W. 26; Ontjes v. McNider, 1934, 218 Iowa 1356,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430164/
Appellee lived on a farm in the Independent School District of Tama. He had three daughters, aged twelve, eleven, and nine years, respectively, who attended elementary school in said district. His dwelling was situated on a graveled highway and was two and eight-tenths miles from said schoolhouse, measured on the publi...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430165/
J.H. Montgomery, the plaintiff and appellant, *Page 279 entered into a written contract, by the terms of which he agreed to convey to A.B. Pond approximately 279.32 acres of land in Marshall County. The date of this written undertaking was July 16, 1915, and the consideration named therein was $46,858.53. All the prin...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430168/
The Boards of Supervisors of Polk and Story counties on June 25, 1920, established a drainage district known as Polk-Story No. 4, extending into the two counties across their border line. The commissioners and engineer reported that the total acreage in the district was 1,078.88 acres and estimated the cost at $37,893,...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033578/
IN THE COURT OF APPEALS OF IOWA No. 15-0855 Filed September 14, 2016 STATE OF IOWA, Plaintiff-Appellee, vs. DEANDREW D. HARRIS, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033584/
IN THE COURT OF APPEALS OF IOWA No. 15-1292 Filed September 14, 2016 STATE OF IOWA, Plaintiff-Appellee, vs. BRADLEY J. QUALLS, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa Di...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/4033597/
IN THE COURT OF APPEALS OF IOWA No. 16-1129 Filed September 14, 2016 IN THE INTEREST OF K.R., T.R., N.R., and R.R., Minor Children, R.L., Father, Appellant, A.C., Mother, Appellant. _____________________________________________________...
01-03-2023
09-14-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430239/
The property involved in this litigation consists of a four-story brick building, situated upon Lot 6, Block 22, Sioux City East addition in Sioux City, Woodbury county, Iowa. In 1923, the Prudential Insurance Company of America placed a loan on this property of $50,000 at 5 1/2 per cent interest per annum, payable sem...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430240/
[1] The sole question here is: Which of the parties hereto is the owner of certain accretion lands? The record is such as to render extremely difficult and hazardous any attempt to arrive at definite and certain conclusions regarding many of the facts in the case. The plaintiff filed a petition and two amendments. She ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/7247143/
Amit P. Mehta, United States District Judge I. INTRODUCTION Plaintiff Jean-Gabriel Bernier, a federal prisoner, brought this action against the Federal Defendants1 alleging, among other things, that the Federal Bureau of Prisons violated his Eighth Amendment right to be free from cruel and unusual punishment by refusin...
01-03-2023
07-25-2022
https://www.courtlistener.com/api/rest/v3/opinions/4039149/
THE STATE OF TEXAS MANDATE ********************************************* TO THE 392ND DISTRICT COURT OF HENDERSON COUNTY, GREETING: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 21st day of August, 2014, the cause upon appeal to...
01-03-2023
09-28-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430222/
In September 1942, certain heirs at law of Josiah Early, deceased, designating themselves as plaintiffs-proponents, petitioned the court asking that a certain written instrument dated March 13, 1915, and purporting to be the will of Josiah Early, be admitted to probate. The defendants-contestants, by way of answer, res...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430224/
This law action was brought to set aside the probating of the will of one R.R. Wilson, deceased, on the ground that decedent was a person of unsound mind and incapable of making a will at the time of the execution of the instrument. At the close of plaintiffs' evidence, defendants moved for a directed verdict, on the g...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430226/
This appeal challenges the correctness of certain rulings upon motions in an action at law. The petition alleged plaintiff owned a 40-acre tract adjacent to Emmetsburg, upon which were his dwelling house and other buildings, and which constituted his homestead; that the City of Emmetsburg had constructed upon abutting ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430234/
On or about August 13, 1918, appellee, who was a farmer, was injured by the fall of a hay derrick, which resulted in an oblique fracture of the femur of his right leg, an alleged injury to his knee, and an alleged fracture of the neck of the femur. Dr. Jinderlee was immediately called, and took *Page 276 charge of the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430269/
Ada O. Daniel died intestate and spouseless, on May 17, 1936, leaving the plaintiffs and the defendant J.E. Daniel as her only heirs at law. The other defendant, O.B. Monroe, was the administrator of her estate. The plaintiffs are grandchildren or great grandchildren of the decedent, and J.E. Daniel was her only remain...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430270/
No dispute of fact is presented. The contention of plaintiff turns wholly upon a question of law. The plaintiff is the assignee of a judgment obtained October 21, 1921, by one Boyle against De Goey. De Goey was at that time owner of certain real estate upon which the Boyle judgment became a lien. This real estate was u...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430273/
Appellant, Jones, was the owner of 160 acres of land situated near Des Moines. The city of Des Moines instituted proceedings for the purpose of condemning the tract of land for a municipal airport. The sheriff's jury fixed the value of the land at $65,000. Jones was not satisfied with this valuation and appealed to the...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430221/
On the 21st day of March, 1929, the plaintiff, Albert Jackovach, by his father and next friend, brought a suit at law in the District Court of Lucas County, Iowa, for the April, 1929, term of the District Court, asking damages for $15,000.00. It appears that on the 10th day of March, 1929, plaintiff, then a boy of abou...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430227/
At about four o'clock in the afternoon of October *Page 709 28, 1929, the plaintiff-appellee Richard Steele, while riding on a bicycle over the Cedar River bridge in Charles City, was struck by a towed truck, belonging to the defendant-appellant Marvin F. Schlick, being towed over the bridge by an automobile owned and...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211034/
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 A15-1169 ...
01-03-2023
06-09-2016
https://www.courtlistener.com/api/rest/v3/opinions/3211834/
Court of Appeals of the State of Georgia ATLANTA, June 01, 2016 The Court of Appeals hereby passes the following order A16I0208. JOE ENTERPRISE, LLC, d/b/a IHOP RESTAURANT v. JANET KANE. Upon consideration of the Application for Interlocutory Appe...
01-03-2023
06-10-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430235/
The operation of the machine is described in appellant's brief as follows: "The machine in question is operated as a mint-vending machine, and upon the deposit of a nickel, uniformly releases one package of mints. If the compartment is empty, the slot receiving the money automatically returns same to the depositor. The...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430237/
The defendant is charged by a county attorney's information with the crime of embezzlement by public officer. He was tried, and a verdict of guilty was returned by the jury, and judgment pronounced thereon by the court. The usual motions to set aside verdict and for a new trial and motion in arrest of judgment were mad...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430238/
Defendant-appellant is a lawyer at Creston, and the plaintiff-appellee is a railroad locomotive engineer, with headquarters at that place. Appellant became interested in certain Oklahoma oil fields. Hence he approached appellee, for the purpose of borrowing money to be used in the venture. After obtaining the desired f...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430241/
Heinbaugh made a contract with Cook and the Grande Avenue Land Company, by which he was to furnish material for the construction of a residence for the sum of $5,050. To guarantee the performance of his contract, he furnished to them the bond of the United States Fidelity Guaranty Company. Among the provisions of said...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430243/
This action was originally commenced in a justice court in Jones county, Iowa, as an action in forcible entry and detainer. An answer was filed by the defendant-appellant denying that she was guilty of a forcible entry and detainer and denying plaintiff's right to the possession of the real estate involved. The defenda...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430249/
[1] The appellees owned a farm in Hardin County. The Collins Mortgage Company held a first mortgage on said farm in the principal sum of $8000. The appellant's intestate held a second mortgage on said real estate for $3000, which by its terms was subject to said first mortgage and which was executed by appellees. At th...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430250/
On the first day of February, 1928, a petition in equity was filed in Mahaska County in the name of the State ex rel. Preston, County Attorney of Mahaska County, alleging that: "The defendant Huntley is a bootlegger, engaged and concerned in the business of bootlegging intoxicating liquors, in that he has, by himself, ...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430256/
On June 17, 1928, Earl Hawkins obtained a judgment against Jacob B. VerMeulen in the district court of Polk County for $4,000. A few days prior to the above date, the said VerMeulen conveyed the property involved in this action by warranty deed to the appellant, Sophia Akers, for an expressed consideration of one dolla...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430257/
This case comes from the municipal court of the city of Des Moines, the total amount involved being $2.25, hence it is here on a certificate. The statutes governing municipal courts are to be found in chapter 475 of the Code of Iowa, being sections 10642 to 10696. The court has jurisdiction of amounts up to $1,000, exc...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430262/
The principal question argued is whether the settlement is in the interest of the depositors. The receiver, while filing a general denial, and setting up his reasons for the settlement, further in answer asked: "If there is any just, valid, or legal reason for holding that the same is not a good settlement, and not for...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430263/
Briefly stated, the defendant was employed by the Miller Grocery Company, as a teamster. The evidence tends to show that, about the time charged in the indictment, the defendant took from the place of business of the Miller Grocery Company a large carton of Camel cigarettes, of the value found by the jury to be $57.50....
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/3430266/
The facts in the case are practically without conflict. The defendant, together with the decedent, one Stewart, and a man named Stover, in the afternoon of the 29th day of September, 1925, drove to the farm of one Smith, near the village of Grimes, in Polk County. Smith joined the party. There was drinking. A woman lat...
01-03-2023
07-05-2016
https://www.courtlistener.com/api/rest/v3/opinions/4039153/
Fourth Court of Appeals San Antonio, Texas February 4, 2015 No. 04-15-00005-CV IN RE ESTATE OF JACK HIROMI IKENAGA, Sr., Deceased, From the Probate Court No 1, Bexar Count...
01-03-2023
09-28-2016