Cases

APPEL, Justice. In this case, a farmer sued his neighbor's heirs, claiming, among other things, that he and the decedent entered into an option contract to purchase farmland that was subject to a written lease and upon which the farmer made substantial improvements at his expense. In the alternative, the farmer sought to recover under various equitable theories of promissory estoppel, q

MEMORANDUM DECISION Mar 19 2015, 10:03 am Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Leanna Weissm

IN THE SUPREME COURT OF IOWA No. 17–0791 Filed November 2, 2018 RONALD DWIGHT KUNDE, Appellant, vs. ESTATE OF ARTHUR D. BOWMAN and DIANE ENGELKINS, Appellees. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Jackson County, Nancy S. Tabor, Judge. The parties seek further review of a decision by the Iowa Court of Appeals affirming the district co

02/01/2017 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs January 4, 2017 TREVOR HOWELL v. KENNEDY SMITHWICK Appeal from the Chancery Court for Anderson County No. 14CH6820 M. Nichole Cantrell, Chancellor ________________________________

890 P.2d 925 (1995) Eugene F. THIELENHAUS, Plaintiff-Appellee/Counter-Appellant, v. Charlene F. THIELENHAUS, Defendant-Appellant/Counter-Appellee. No. 80048. Supreme Court of Oklahoma. January 31, 1995. As Corrected February 1 and 9, 1995. Richard A. Wagner, II, Bradley A. Grundy, Richard A. Wagner, II & Associates, Tulsa, for appellant/counter-

Mr. PRESIDING JUSTICE ALLOY delivered the opinion of the court: This is an appeal by plaintiff Janet Soedler from the order of the Circuit Court of La Salle County granting defendant Melvin Soedler’s motion to dismiss her personal injury tort action against him. The court dismissed the action on the basis of section 1 of “An Act to revise the law in relation to husband and wife”

BRADLEY, J. This is an action for damages for injuries received by the plaintiff about two o’clock in the afternoon on the 29th day of October, 1915, by being struck by appellant’s automobile. The petition is not set out in full in the abstract, but the only acts of negligence charged are that defendant came along on South Campbell street in the city of Springfield at a high, reckless and dangerous rate of speed with his large a

BRADLEY, J. — Plaintiffs filed their hill in equity to enjoin defendants from discharging sewage upon the land of plaintiffs, and so near the same as to affect the value thereof, and to render said land unfit *234for use by reason of foul and offensive odors. The answer is a general denial, a plea of the statute of limitations, and a plea in the nature of estoppel. The t

PARRINiG-TON, J. This is an action to reform a three-year term policy of fire insurance, and to recover on the policy as reformed. The circuit court, a jury being waived, reformed the policy as prayed and then gave judgment for the face value, of the policy and defendant appeals. The petition was in two counts. The first, in equity, in the name of R. W. Horine and Mary E. Horine, his wife, asks for a reformati

Plaintiff filed his petition in three counts. In the first he sought the equity side of the court and asked that an accident insurance contract be so reformed as to conform to the agreement he had with the soliciting agent. In the second count plaintiff sought recovery on the reformed contract. In the third count he sought recovery on the policy delivered to him; but this count was dismissed. A jury was waived on the law count, and the whole cause tried before the court. The court reformed th

Geobge P. Stier, J. In an action to foreclose a second mortgage on real property, the defendants interposed the defenses of usury and violations of section 131 of the Banking Law and section 18 of the General Corporation Law. Both sides have moved for summary judgment, and the People of the State of New York, not originally made a party to this action, have moved by the Attorney-General permanently to enjoin the plaintiffs from p

* Headnote 1. Fire Insurance, 26 C.J. section 219. This is a suit on a fire insurance policy by the owner and the mortgagee to recover for the loss of a dwelling and barn. The cause was tried *Page 533 before the court and a jury. Plaintiff recovered and defendant appealed. In using the term plaintiff we have reference to plaintiff Monpleasure as the mortgagee is not mentione

The opinion of the court was delivered by Hopkins, J.: The action was one to set aside a will on account of undue influence and because the testatrix was of unsound mind. Defendants prevailed and plaintiffs appeal. Complaint is made that the court erred in rejecting evidence, in finding generally for defendants and in overruling plaintiffs' motion for a new trial. What the rejected evidenc

BLAND, P. J. (after stating the facts as above).— The court took the case from the jury on the ground that the evidence showed MiltonMcClure perpetrated a fraud on defendant in acting'as agent for both seller and purchaser and for having a secret interest in the purchase. That the evidence disclosed double agency and the practice of deception on defendant, there is no doubt, and it is hardly to be doubted that had McClure disclo

The sole question argued by counsel for appellant upon this appeal relates to the ruling of the court in sustaining the demurrer to the defendant's plea of set-off, which appears in the statement of the case. The only question therefore to be here determined is whether or not the bank may set off against the individual claim of M. V. Capps, deceased, the indebtedness to the bank by the partnership, Pioneer Peanut Oil Company, of which said M. V. Capps was a member. It is well understoo

165 F.Supp. 307 (1958) CHICOPEE MANUFACTURING CORPORATION, Plaintiff, v. COLUMBUS FIBER MILLS CO., Inc., Defendant. Civ. A. No. 631. United States District Court M. D. Georgia, Columbus Division. June 27, 1958. *308 Morgan, Finnegan, Durham & Pine, New York City, William D. Denson, Washington, D. C., Charles A. Harris, New Br

* Corpus Juris-Cyc. References: Appeal and Error, 3CJ, p. 850, n. 24; p. 855, n. 39; 4CJ, p. 764, n. 80; p. 771, n. 58; Death, 17CJ, p. 1350, n. 7; Master and Servant, 39CJ, p. 615, n. 671; p. 616, n. 75; p. 827, n. 44; p. 829, n. 75; p. 871, n. 89; p. 881, n. 88 New; p. 1108, n. 22; p. 1109, n. 33; p. 1193, n. 29; p. 1218, n. 50; p. 1219, n. 61; p. 1226, n. 32. Trial, 38Cyc, p. 1688, n. 19; p. 1689, n. 20. This is an a

The foregoing opinion by BRADLEY, C., is adopted as the opinion of the court. All the judges concur.

This is an action for $30,000.00 damages for personal injuries. A demurrer to plaintiff's petition was sustained and plaintiff has appealed from the judgment of dismissal. [539] The question for decision is whether plaintiff split his cause of action, so as to bar this suit, by separately suing and recovering for the wrongful death of his wife in the same collision, in Chamberlain v. Mo.-Ark. Coach Lines, Inc.,351 Mo. 203,

NORTONI, J. In this proceeding, the immediate relief sought is to set aside a judgment on motion filed at a subsequent term. Although defendants appeared to the action, they failed to appear at the term at which the judgment was given against them. They also failed to file motions for new trial or in arrest. They did appear, however, at a subsequent term of the court and filed a motion to set aside and vacate the judgment mentio