Cases

FIRST DIVISION BARNES, P. J., LAND and WATKINS, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules February 20, 2024

346 B.R. 503 (2006) In re George E. DAWSON, Barbara Dawson, Debtors. George E. Dawson and Barbara Dawson, Plaintiffs, v. Washington Mutual Bank, etc., Defendant. Bankruptcy No. 98-45213 TG, Adversary No. 98-4796 AT. United States Bankruptcy Court, N.D. California. July 27, 2006. *504 *505

Plaintiffs below brought an action at law in a two-count complaint. Count 1 begins as a code count for rent, but ultimately appears to evolve into a common count for money received by defendant to the use of plaintiffs. Count 2 is a code count for use and occupation of land. Both counts of the complaint indicate on their face that plaintiffs and defendant are tenants in common of the real property described therein. The facts of the dispute are that defendant is the widow and d

MEMORANDUM * Debtor, Charles Stinson, appeals a decision of the Bankruptcy Appellate Panel (“BAP”). The creditor, Bi-Rite Restaurant Supply, Inc. (“Bi-Rite”) and its attorney, Cook, Perkiss & Lew (“Cook”), cross-appeal. “Because we are in as good a position as the BAP to review bankruptcy court rulings, we independently examine the bankruptcy court’s decision, reviewing the bankruptcy court’s interpretat

390 F.3d 1139 In re George E. DAWSON and Barbara J. Dawson, Debtors.George Dawson and Barbara J. Dawson, Plaintiffs-Appellants,v.Washington Mutual Bank, F.A., successor to Great Western Bank, Defendant-Appellee. No. 02-16903. United States Court of Appeals, Ninth Circuit. Argued March 10, 2004. Resubmitted April 23, 2004.

GRABER, Circuit Judge. The main question in this case is whether a debtor may recover damages for emotional distress under 11 U.S.C. § 362(h) when a creditor violates the automatic stay that follows from the filing of a bankruptcy petition. In a previous opinion, Dawson v. Washington Mutual Bank, F.A., 367 F.3d 1174 (9th Cir.), withdrawn, 385 F.3d 1194 (9th Cir.2004), we answered that question “no.” Upon re

The opinion of the court was delivered by Dawson, J.: This was a mortgage foreclosure case. The words “payable annually” were omitted from the note. By the terms of the note the makers promised to pay the principal five years after date with interest at the rate of seven per cent per annum from date. It provided: “The right is hereby reserved to pay $100.00 or any multiple thereof at

Ingram, Justice. This is a statutory ejectment case involving a contest between two deeds executed on the same date by the same grantor. The deed under which the appellees claim title, to the land in Jenkins County described therein, contains this language in the second paragraph thereof: "... , a life estate, after the death of the grantor with the remainder interest after the death of the said Matthew W. S

The appellant was convicted of burglary and his punishment assessed at eight years in the penitentiary. The record discloses that appellant was charged and convicted of burglarizing the house belonging to G. W. Parker in the city of Dallas. It was the contention of the appellant, and he so testified, that he did not commit the alleged offense and knew nothing about it. The record contains but one bill of exception, which embraces appellant's motion to quash the indictment, the t

*354OPINION Per Curiam: This cause comes here on direct appeal from the District Court of Carbon County. On June 28th, 1951, Melvin I. Stinson, as plaintiff brought an action for divorce in that court against Ruth Curtis Stinson as defendant. The district court aforesaid declined to grant the relief sought. Accordingly, Stinson as appellant, has broug

316 S.W.2d 900 (1958) Wynnaline Rasco STINSON et vir, Appellants, v. J. T. RASCO et ux., Appellees. Nos. 15422, 15439. Court of Civil Appeals of Texas, Dallas. September 26, 1958. *901 Warren Whitham, Dallas, for appellants. Joe Tunnell, Canton, for appellees. YOUNG, Justice. This is a proceeding for adoption

325 S.W.2d 505 (1959) CITY OF FULTON, Missouri, Plaintiff-Respondent, v. Mrs. G. Roy DAWSON et al., Defendants-Appellants. No. 22977. Kansas City Court of Appeals. Missouri. June 1, 1959. *507 David V. Bear and Robert Hines, Columbia, for appellant. Clyde Burch, City Atty., Fulton, for respondent. HUNTER, Judge.

Richards, J. The action was commenced in the superior court of Cincinnati by Louise Stinson to recover damages for personal injuries suffered by her in falling into a cellar, the cellar door.having been left open. She was a tenant of the defendant, Fred Metzger, occupying the lower apartment in *291a three-story flat, certain other tenants using the second and third stori

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 668 This is an election contest. At the municipal election held in the city of Hanford on April 11, 1910, Starkweather and Dawson were opposing candidates for the office of city trustee. The canvass of the returns of the election made by the city trustees resulted in Dawson being declared elected by a majority of nine

English, Judge: Harrison Zinn, Lorenzo M. Zinn, Milford C. Gibson, and T. F. Lanbam filed their bill in the circuit court of Preston County against M. W. Dawson and Lloyd C. Shaffer, sheriff of said county, praying an injunction to restrain said Shaffer and Dawson from collecting certain executions set forth and described in their bill in favor of said Dawson. *46It appe

110 U.S. 264 (1884) FREEMAN, Trustee, v. DAWSON. Supreme Court of United States. Argued January 16th, 1884. Decided January 28th, 1884. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. Mr. C.W. Metcalf for appellant. Mr. W.K. Poston for appellee. MR. JUSTICE GRAY delivered the opinion of the court.

264 U.S. 219 (1924) STATE OF WASHINGTON v. W.C. DAWSON & COMPANY. INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA ET AL. v. JAMES ROLPH COMPANY ET AL. Nos. 366 and 684. Supreme Court of United States. Argued January 8, 9, 1924. Decided February 25, 1924. ERROR TO SUPREME COURT OF THE STATE OF WASHINGTON. ERROR TO THE SUPREME C

The opinion of the court was delivered by Benson, J.: The plaintiff asks for a writ of mandamus to compel the defendant to publish six certain bills passed by the legislature at the session of 1911, which it is alleged are public statutes. Five of the. bills, having been duly passed by the senate and house, enrolled and certified, were presented to the governor on March 18. The legislature adjourned on March

ORDER JANE MAGNUS-STINSON, District Judge. Presently before the Court in this alleged employment discrimination action is Defendant Indiana Oxygen Company, Inc.’s (“Indiana Oxygen”) Motion to Dismiss Plaintiff’s Complaint- and/or Cap Plaintiff’s Damages Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. [Filing No. 9.] For the following reasons, the Court DENIES Indian

Grosse, C.J. The State of Washington appeals a decision of the Snohomish County Superior Court (Superior Court) affirming a decision of the Cascade District Court (District Court) suppressing the result of a DataMaster breath test. At issue is the method of computing a final result of two breath tests yielding different results. Mary J. Stinson (Stinson) was arrested for driving while intoxicated. She a