Cases

SOMMERVJLLE, J. Defendant was charged with murder, convicted of manslaughter, and appeals from a sentence condemning him to serve six years in the penitentiary. [1] Defendant objected to going to trial on the ground that a true copy of the indictment found against him had not been served upon him, in that the copy did not contain the names of the witnesses for the state which were in

The action was brought to August Term, 1885, to recover on an alleged contract between John Whitaker, the testator of defendant, and the feme plaintiff, that services rendered to the testator should be compensated in his last will and testament. Defendant denied any such contract, and alleged that the feme plaintiff lived with testator as a member of his family, and only performed such services as were customary for a girl in her station in life, and when married, the

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON August 2, 2011 Session TIMOTHY WATSON v. STATE OF TENNESSEE Appeal from the Circuit Court for Dyer County No. C05-437 R. Lee Moore, Judge No. W2010-02674-CCA-R3-PC - Filed November 18, 2011 Petitioner, Timothy “Tink” Watson, was indicted by the D

This is a child visitation modification case in which the mother sought to limit or restrict for the present time the father's visitation of their only child to the mother's home because the child had an allergy and asthma. The father's counterclaim asked the court to enforce the forty-eight hour visitation of the son with him every other weekend as had been originally granted by a previous judgment of the circuit court. After an ore tenus hearing in which the parties consented

301 S.E.2d 129 (1983) John T. McKENZIE, Jr., et al. v. CITY OF HIGH POINT. No. 8218SC407. Court of Appeals of North Carolina. April 5, 1983. *130 Herbert L. Hyde, Asheville, for petitioners-appellants. Knox Walker, High Point, for respondent-appellee. WELLS, Judge. Part Three of chapter 160A of the General St

BRYSON, J. This is an action for wrongful death arising out of a collision between the plaintiff’s decedent’s automobile and defendant’s log loader. Defendant filed a counterclaim for damages to its log loader. Oregon’s comparative negligence statute, OES 18.470, was in effect at the time of the accident. The jury, by “SPECIAL FINDINGS OF FACT” (ORS 17.415), found that plaintiff’s decedent- was 56 percent negligent and defen

Jenkins, P. J. 1. The refusal of the trial court to determine an oral motion to dismiss a petition, being “in its effect, so far as the defendant is concerned, the same as if the . . motion to dismiss had been overruled” (Waldrop v. Wolff, 114 Ga. 610 (3), 613, 40 S. E. 830), may be made the basis of a direct bill of exceptions under the Civil Code (1910), § 6138. 2. Such an oral moti

The appeal is from a judgment in favor of the appellee against appellant for $500 damages found to have been suffered by her on account of the alleged negligence of appellant in the delivery of a telegram. Since we have concluded that appellee's petition failed to state a cause of action, and that the general demurrer of appellant should have been sustained, a full statement of the issues involved on the merits will not be made. The telegram made the basis of the suit was set out in the petit

The plaintiff sued on a promissory note, dated 7 November, 1898. The Court excluded the note when offered in evidence, because it was not stamped as required by the United States Internal Revenue Act of 1898. This was error. The stamp is a fiscal provision of the United States Government for the purpose of raising revenue, which is to be enforced only in its own courts. Its nonobservance does not affect the validity of the instrument when offered in evidence in a state court. The provi

These two cases involve the right of the trustees of the Osborne Mills Pastoral Charge of the Methodist Episcopal Church and the trustees of the Clendenin Pastoral Charge of the Methodist Episcopal Church, South, to lease two church lots for oil and gas exploitation, one of which lots (a one and one-fourth acre tract) was owned by them jointly and used by both for the purpose of religious worship. The other lot containing about three and one-half acres was owned by the M. E. Church, South. Th

The evidence tended to show that M. C. Crawford, a young man about nineteen years of age, lived in the home of his grandfather, the defendant, W. M. Crawford, and that on or about 9 December, 1931, the said M. C. Crawford, in company with the deceased Howard McGee and two other young men, came to Raleigh. The deceased McGee and the said Crawford rode around the streets of Raleigh until the show was out. Crawford said: "We picked up a girl and rode around the streets of Raleigh until the show

While J. J. Coffman was a passenger on the Pecos Northern Texas Railway the engine ran upon a side track in the town of Hereford and collided with a string of box cars. Coffman instituted suit for damages for injuries alleged to have been received as a result of being thrown against the back of a seat and on the floor of the car by reason of this collision, and from a judgment in his favor defendant has appealed. Defendant's first four assignments complain of the action of the court i

This is an action by plaintiff as the beneficiary under a policy of insurance which was issued by defendant upon the life of her husband. Upon a trial of the case to a jury, a verdict was returned in plaintiff's favor for the aggregate amount of $7,087.50, comprising items of $5000 as the face amount of the policy; $1,087.50 as interest from the date of the insured's death to the date of trial; and $1000 as an attorney's fee which was allowed by way of a finding of vexatious refusal to pay. J

The plaintiff sued to recover to his own use the sum of $243.80 for work done, labor performed, and services rendered by himself and family for Thomas Bunnell, the intestate of the defendant. He testified as follows: "Q.: Did you ever do any work on the land of Thomas Bunnell? A.: I worked on the land in cultivating it; I worked on the building; cannot tell the date; it was worth 75 cents per day." He further testified that he did other work, such as cutting and binding wheat and oats, plowin

Bleckley, Chief Justice. This was a proceeding under sections 4077, 4078 of 'the code, to remove a tenant from certain land, and put the owners in possession thereof. The affidavit upon which the warrant was founded, and the warrant itself, alleged that the tenant was a tenant 'at sufferance, and was holding over after demand made for possession. They also set forth that the premises were worth for rent a certain sum for a p

This action was begun before a justice of the peace for the recovery of $195 and interest from February, 1895. The plaintiff alleged that he entered into the service of the defendant during the month of February, 1895, and continued therein until February, 1898; that his services were reasonably worth $7.50 per month; that he never received any compensation "except a very scanty supply of clothing" during the period of service, and his food and lodging; and that he was a minor, reaching his m

This suit involves the question of the liability of a manufacturer of food products to the consumer thereof for damages for personal injuries sustained by him as the result of the unwholesomeness of such food. Jacob E. Decker Sons, Inc., manufactured and sold certain sausage, advertised as being suitable for human consumption in the summer time, under the trade name of "Cervalet," which sausage was wrapped in a cellophane package. The sausage in question was sold on March 16, 1939, by

The defendant P. J. Walker, individually, and as administrator of Job Hicks, appealed. The facts appear in the opinion. The case made in the complaint is this: One Job Hicks, the first husband of the defendant Eliza, removed in 1851, without his family, to California, and soon after died. Administration on his estate was on 24 November, 1853, committed to the defendant, Peter J. Walker, with whom his surviving widow had intermarried, and took possession of the intestate's person