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Following a lengthy trial a jury found that defendant Sergeant Donald Chalmers negligently operated his police vehicle and proximately caus...
The doctrine of equitable estoppel should not be applied in this case The purpose of invoking the doctrine is to prevent the infliction of unconsciona...
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CVC 1 appeals from judgments convicting him of false imprisonment attempted second-degree sexual assault and two counts of second-degree sexual assaul...
Appeal from a judgment of the Supreme Court at Special Term Hughes J entered November 12 1980 in Albany County which dismissed petitioners application...
Order By order of August 25 1994 the application for leave to appeal was held in abeyance pending the decision in Riss v Stroh Brewery Co Docket No 96...
The issue before the Court involves whether the examining magistrate in this case erred in binding over the defendant Susan Stafford for second-degree...
PETERS J This petition presents the same problem involved in our recent decisions in In re Estrada 63 Cal 2d 740 48 Cal Rptr 172 408 P2d 948 and in In...
In an action to recover for damage to real property plaintiff appeals from an order of the Supreme Court Kings County Kartell J dated May 13 1981 whic...
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DECISION amp ORDER In an action inter alia to recover damages for breach of contract the plaintiff appeals from an order of the Supreme Cou...
Defendants were convicted following a jury trial of assault in the second degree and criminal possession of a weapon in the fourth degree Their convic...
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This action was brought by the individual appellees against the appellant and the appellee bank as administrator with the will annexed to contest the ...
On December 5 1969 Sonia Rosenbaum was robbed and assaulted while in her home in Philadelphia The victim who was bound and gagged by the intruders die...
The petitioner presented to the Court of Civil Appeals two points of error as follows...
Plaintiff Builders Components Supply Company a corporation sued Salt Lake County for return of taxes paid under protest assessed against its personal ...
Defendant Criss Allen Case appeals from his conviction in the District Court First Judicial District Lewis and Clark County of one count of robbery Fo...
Per Curiam -- Plaintiff in error A B Christie was indicted tried and convicted for the crime of rape The death penalty was imposed and writ of error t...
Payments under war risk policy not subject to inheritance tax 1 Payments made by the federal government under a war risk insurance policy to the admin...
On June 15 1917 Herbert DuPuy settlor created an inter vivos trust for the benefit of a granddaughter Amy McHenry who is now living and 52 years of ag...
Real Property Quieting Title Waters and Watercourses Accretions Boundaries Tax Deeds Adverse Possession as Defense Effect of Failure of Defenda...
Appellant Vernon Bennett was arrested on February 1 1979 at 945 p m and taken to the West Detective Division of the Philadelphia Police Department One...
On order of the Court the application for leave to appeal and for leave to appeal as cross-appellant are considered Pursuant to MCR 7302F1 in lieu of ...
Defendant was convicted of using or carrying a concealed firearm upon his person in violation of 1965 Perm Supp CRS 1963 40-11-10 His post-trial motio...
In an action for divorce plaintiff appeals from a judgment of the Supreme Court Westchester County Stolarik J entered October 7 1981 which dismissed t...
We will refer to plaintiff in error as the defendant He was accused of armed robbery with intent if resisted to maim wound or kill the victim Upon con...
These two cases require a determination whether the Conclusions of the lower courts that evidence adduced at trial was insufficient to supp...
This case was consolidated for argument before this court with In re Riggins v Rhay ante p 271 REF450 P2d 806REF 1969 because it appeared that the dis...
JONES JUSTICE This is an appeal from a final judgment in a negligence action wherein a jury awarded PlaintiffsAppellees Joseph Perry and his wife Nanc...
In this original proceeding Thomas Lee Nye hereinafter called the petitioner requests that this Court issue a writ of prohibition to prevent the Adams...
Merrell Hunt and Ralph Pirillo Sr were indicted for bookmaking NJSA 2A112-3 maintaining a place for gambling NJSA 2A112-3 conspiracy to commit bookmak...
Plaintiff appeals from a judgment for defendants in an action to recover money on the ground that the transaction was a violation of the Corporate Sec...
Truckman John T Monti purchased from Rockwood Insurance Company a one year business vehicle insurance policy hereinafter policy for his 1972 Internati...
This is an appeal by Varderman Shack appellant defendant below from a conviction for First Degree Murder by which he was sentenced to life imprisonmen...
DECISION amp ORDER Appeal by the defendant from a judgment of the County Court Nassau County Goodman J rendered October 3 1990 convicting h...
Defendant a police officer was accused of shooting Alexander Bradford in the hallway outside the formers apartment The two had been friends since chil...
Have you thought about moving to a smaller town to have a simpler and better life But wherethere are over 45000 small towns in America Find Your Small...
This is a negligence case which terminated in the trial court with a summary judgment in favor of the defendant on a showing that a purported release ...
This case was brought in the state courts of Alabama for a declaratory judgment adjudicating the constitutional validity of certain sections of the Br...
The opinion of the court was delivered by Plaintiff brought this action under our declaratory judgment statute GS 1949 60-3127 et seq seeking a bindin...
Defendant-Appellant Charles Grimes Jr was found guilty of murder by a jury in the Jay Circuit Court on May 16 1980 The trial Judge subsequently senten...
Filed May 13 1996 I join the well-reasoned majority memorandum I write separately in the form of a Concurring Opinion simply to point out t...
The issue in this appeal is whether the court of appeals applied the proper standard of review when it found the evidence factually insuffi...
The People appeal from an order of the Appellate Division which reversed a judgment convicting defendant of sexual abuse in the first degree The Appel...
The following appeals were taken from two separate convictions of violating the city of Seattles prostitution ordinance On two separate occasions the ...
Any civil action shall be dismissed without prejudice for want of prosecution whenever the plaintiff or crosscomplainant shall neglect to note the act...
Reed and one McClenny were jointly charged and convicted of burglary and conspiracy to commit burglary Reed thereafter being sentenced to a term in th...
Under the provisions of 7-288 to 7-291 WS 1957 the County Attorney of Sheridan County claims error of the trial court a in directing a verdict of acq...
1 The plaintiff in error hereinafter referred to as the defendant was charged by information with the crime of Murder He was tried before a jury and f...
Municipal corporation -- board of education -- civil service classification of employes 1 Under c 19 4 of Minneapolis home rule charter investing cit...
1 This is a disciplinary action by the State of Oklahoma ex rel the Oklahoma Bar Association hereinafter called complainant against Herman D Brandon h...
The present controversy had its origin in a two-car automobile collision which occurred on October 13 1959 at about 830 oclock AM on West 6th Avenue a...
This case involves a tract of property located in the Galveston Bay area of Harris County The tract has been the subject of much litigation Phases of ...
OPINION OF THE COURT On review of submissions pursuant to rule 5002 b of the Rules of the Court of Appeals 22 NYCRR 5002 g judgment affirmed with cost...
1 A trial judge of the State Industrial Court awarded the petitioner herein 1350000 compensation for the death of her husband Ralph Loague The employe...
SPENCE J pro tem This is an appeal by defendants from a judgment in favor of plaintiff in an action in ejectment...
WARNER Justice The plaintiff Edward William Panushka is the son of Edward P Panushka deceased by a former marriage His father died intestate leaving a...
Order On order of the Court the delayed applications for leave to appeal are considered and they are GRANTED limited to double jeopardy claims The def...
A subpoena although limited to names and addresses of those treated for stab wounds or other wounds caused by a knife from June 15 1982 through June 1...
discrimination suit brought under Title VII of the Civil Rights Act of 1964 42 U S C 2000e et seq The narrow question presented is whether after the ...
Petitioners in this case are three persons who were convicted of distributing obscene materials and sentenced to periods of probation on the condition...
Defendant was the owner and operator of the SS Occidental Victory Plaintiff Kirsch was a crewman on the vessel In 1968 plaintiff was injured on board ...
This case concerns 1 whether defendant Jerry Matheny received adequate notice pursuant to Federal Rule of Criminal Procedure 32h of specific grounds f...
Memorandum Plaintiff was a passenger in an automobile driven by Richard Rambuski and was injured when the vehicle overturned on the property of defend...
Marmion Pollard in April 1956 had been for several years a member of the Detroit Police Department He was an apparently well-adjusted highly intellige...
The claimant Gerald Madill filed a petition for an order awarding attorney fees and costs pursuant to 39-71-612 MCA 1979 with the State of Montana De...
Defendant John Payne appeals from an order of the circuit court of Cook County denying his section 72 petition Ill Rev Stat 1981 ch 110 par 72 now sec...
Defendants in error were plaintiffs in the trial court and will be referred to herein as plaintiffs or by name Plaintiff in error will be referred to ...
Per Curiam The trial was of the sole issue whether the plaintiff set the fires or had them set They were incendiary and damaged the house As bearing o...
LUMMUS Justice The plaintiff during a heavy fall of sticky snow after eight oclock in the evening of February 25 1933 was operating a motor truck equi...
Plaintiff Jacqueline Kaiser appeals from a June 21 1983 judgment entered by the trial court which confirmed the decision of a village of Roselle Rosel...
Plaintiff-Appellant Christopher Bell an Ohio state prisoner proceeding pro se appeals the dismissal of his civil rights action against Defendants-Appe...
which determined that the minimum wage requirements of the Pennsylvania Prevailing Wage Act Act Act of August 15 1961 PL 987 as amended 43 PS 165-1 -...
The opinion of the court was delivered by Defendant-appellant William L Moore Jr appeals from convictions by a jury of theft KSA 21-3701 a and unlawf...
2 It was not error to receive in evidence photographs offered and received for the limited purpose of showing width of street and location of objects ...
This appeal is brought by defendant GM Newman also known as Jack Newman from his conviction of involuntary manslaughter in connection with the death o...
This is appeal by defendant-insurance company from judgment for plaintiffs-insured for 45233 in suit on a Homeowners Policy issued plaintiff by defend...
Opinion BEFORE THE ENTIRE BENCH RILEY J In this action for breach of employment contract plaintiff employee was wrongfully discharged in violation of ...
At the trial of the divorce action the court received over objection evidence of acts of mental cruelty which occurred prior to July 19 1965 After rec...
This is an appeal from a judgment declaring a marriage invalid entered by the Hon Nat Allen District Court Fourteenth Judicial District Musselshell Co...
1 Plaintiff in Error Earl William ONeal hereinafter referred to as the defendant was convicted in the District Court of Oklahoma County with the crime...
ORDER On order of the Court the application for leave to appeal is considered and pursuant to MCR 7302F 1 in lieu of granting leave to appeal we VACAT...
Charged by information with the crime of aiding or abetting another to commit the crime of grand larceny defendant was tried by jury convicted and now...
The marriage of the parties was dissolved on December 5 1973 and a property settlement agreement was incorporated by reference in the decree That agre...
This is an appeal by plaintiff from an order vacating a default judgment entered in her favor and against defendant Galles Motor Company hereinafter c...
ISLAMABAD -- Chinese Premier Wen Jiabao on Sunday vowed to stand by Pakistan to confront all challenges bring peace and stability to the region and to...
Defendant-appellant Cecil Brewster was convicted of Voluntary Manslaughter at the Conclusion of a jury trial in Marion Superior Court on September 15 ...
Cross appeals from an order of the Supreme Court at Special Term Ford J entered October 20 1980 in Franklin County which inter alia set aside a jury v...
Defendant appeals from a judgment and sentence entered after a jury had found him guilty of violating the Uniform Narcotic Drug Act RCW 6933 He was re...
Gene Henry Alberts appeals contending that the trial court lacked jurisdiction to modify his probation We affirm...
Plaintiffs Youngren and Snider sued to recover for services rendered to the defendant Lloyd Construction Company in crushing aggregate rock and gravel...
Social Services Law Respondent was adjudicated the father of Tina Marie who was born on January 9 1977...
Plaintiff argues on appeal that the trial court erred in granting defendants motion for summary judgment In support of this argument she contends that...
Melba Hart and Mary Evelyn McCormick were injured when their car was struck by one of the defendant railway companys engines near La Porte Texas Suit ...
Per Curiam -- Plaintiffs in error were convicted of murder in the first degree with a recommendation to the mercy of the court and under the statute s...
Memorandum The order of the Appellate Division should be affirmed with costs for the reasons stated in the majority opinion at the Appellate Division...
The fetal homicide statutes enacted in 1986 do not with respect to defendant offend the Equal Protection Clause nor are the statutes void for vaguenes...
1 A disclaimer of certain express and implied warranties by a manufacturer and seller of component engines for use in industrial vehicles limited the ...
Defendant Francis Boccagna pleaded guilty in the United States District Court for the Eastern District of New York Joanna Seybert Judge to one count o...
Opinion OF THE COURT ADAMS Circuit Judge The primary issue raised by this appeal is whether a citizen who is summoned before a grand jury may object t...
1 Can a person who receives a deferred sentence for a felony conviction be convicted as a felon in possession of a firearm in violation of NMSA 1978 ...
Order This is an appeal from a District Court order which denied relief to the appellant a high school student who had been suspended for violation of...
This case was brought as a class action in the United States District Court for the Northern District of Georgia Bayshore Ford Truck Sales Inc Heintze...
This is an action brought by Patricia Brand against Kaye Elledge for damages arising out of an alleged assault and battery The plaintiff recovered a j...
The conviction is for the felony offense of driving a motor vehicle on a public highway while intoxicated the punishment a fine of 100000...
These appeals are by the plaintiff from a part of an order awarding the custody of the minor children of the parties to the defendant and from an orde...
VAN SANT Commissioner The action was instituted by Clyde Seale against the Coca-Cola Bottling Works of Lexington Kentucky to recover damages for injur...
This case comes to us on petition to transfer from the Appellate Court under Acts 1933 ch 151 1 p 800 being 4-215 Burns 1946 ReplacementFootnote 1 S...
William Prin Evi Prin Alice G Prin and Claire Prin Blomquist The Prins are owners of property in the Municipality of Monroeville who along with 4004 M...
The equity case in which this proceeding arose was instituted in October 1948 by Luther J Smith and wife and Hale M Hamilton and wife against General ...
In 1959 prior to his employment with defendant employer Southwest Potash Corporation and pursuant to 59-10-37 NMSA 1953 repl vol 9 pt 1 plaintiff and...
The opinion of the court was delivered by Appellant Terle Slansky appeals his jury convictions of rape KSA 1985 Supp 21-3502 aggravated burglary KSA ...
David Jose Daba was convicted by a jury in the Superior Court for King County of the crime of second degree murder From entry of the judgment and sent...
The petition for rehearing is based upon our affirmance of Knaust Bros Inc v Goldschlag 2 Cir 119 F2d 1022 on the opinion below DC 28 FSupp...
This is an appeal from an order denying a motion to dismiss a bill of complaint The bill was brought in the Circuit Court of Sarasota Count...
The basis for an appeal by the prosecution in a criminal case is to raise a question of law which arises from a ruling by a trial court Section 16-12-...
Appellant Carolyn Williams was convicted by a jury of robbery first degree and armed criminal action and sentenced to consecutive prison te...
COX Justice The jury returned a verdict for the plaintiff in this action of contract There was evidence that the plaintiff purchased some packages of ...
Tenant contends that the landlord in seeking to enforce the restrictive covenant in the lease limiting occupancy to the tenant and members of tenants ...
Following a jury trial defendant Clarence Coleman was convicted of murder and sentenced to serve 30 years in the Illinois Department of Corrections...
Before BOGGS Chief Judge MARTIN BATCHELDER DAUGHTREY MOORE COLE CLAY GILMAN GIBBONS ROGERS COOK McKEAGUE and GRIFFIN Circuit Judges...
The opinion of the court was delivered by Separate appeals to this court were perfected raising identical questions in two different pater...
The plaintiffs below appeal from a decree that dismissed their bill of complaint which alleged that the action of the appellee Baltimore County Maryla...
Did defendant have a right to be present when the trial court preliminary examined a child-witness to determine whether she understood the nature of a...
After a trial in Franklin County District Court the marriage of Laurie Jo and James Jay Ziebarth was dissolved The husband was awarded cu...
JAMES M CARTER Circuit Judge This is an appeal from denial by the district court after an evidentiary hearing of relief under 28 USC 2255...
feloniously forcibly by violence and putting Peggy A McDonald in fear attempt to take rob and steal from the person and possession of Peggy A McDonald...
This case concerns whether police officers use of a K-9 inspection for controlled dangerous substances CDS during a routine traffic stop improperly ex...
This is an appeal from an order entering summary judgment The question is whether the lower court erred in finding appellants claims barred by the sta...
The opinion of the court was delivered by This is an action brought by the Iola State Bank Bank to enforce certain guaranty agreements executed by Do...
Rose Platz petitions for review of an Unemployment Compensation Board of Review Board order upholding a referees decision to deny her unemployment com...
Action for wrongful death in the district court for Benton county arising out of an auto collision brought by the special administratrix of the estate...
This appeal of a summary judgment in a bill of review case presents again the problem of the effect of severance orders on the filing deadlines necess...
JEFFERS J -- This is an appeal by plaintiffs Kenneth Swensson and Peter Swensson copartners from a judgment entered on June 11 1942 after plaintiffs m...
Amy A Stanger and Albert Edward Stanger residents of Montana were married on August 2 1949 in Billings Montana Shortly thereafter the parties came to ...
This court concluded that participants in an athletic event owe a duty to other participants to refrain from reckless misconduct and that l...
After a bench trial defendant was convicted and sentenced to 10 years for attempted murder He contends on appeal that 1 the State failed to prove beyo...
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