Cases

117 S.E.2d 472 (1960) 253 N.C. 536 Della Bullock WIMBERLY et al. and such others of the Heirs at Law of the Late J. M. Bullock, Deceased, who may desire to come and make themselves parties Plaintiff herein v. Charles V. PARRISH, Percy J. Parrish, Carlie F. Parrish, William Parrish, Woodrow Parrish, Ruby P. Hedrick and Alice P. Raynor, Heirs at Law of James Mayion Parrish, Deceased. No. 461. <

652 F.3d 702 (2011) UNITED STATES of America, Plaintiff-Appellee, v. Marcus T. POWELL, Defendant-Appellant. No. 10-2535. United States Court of Appeals, Seventh Circuit. Argued June 8, 2011. Decided July 13, 2011. *705 Kit R. Morrissey, Angela Scott (argued), Attorneys, Office of the United States Attorney, Fairv

OPINION SHERRY RADACK, Chief Justice. This is an appeal from a judgment following a jury trial. Plaintiff John Wim-berly sued defendant Douglas Strebel to recover profit distributions from their business ventures that Wimberly alleges Strebel wrongfully withheld. The trial court entered judgment on the jury’s finding that Strebel breached his fiduciary d

| WILLIAMS, Judge. In this lawsuit, the plaintiff, Carl Wim-berly, sought damages after allegedly finding a roach in his food at a Popeye’s Fried Chicken restaurant in Shreveport, Louisiana. He also sought damages for an alleged slip and fall incident at the restaurant after he discovered the roach in his food. Two of Wimberly’s companions at the restaurant, Wanda Wimberly and Jacqueline Lee, also sought damages after they a

246 Kan. 200 (1990) 787 P.2d 729 STATE OF KANSAS, Appellee, v. ORMOND WIMBERLY, JR., Appellant. No. 62,774 Supreme Court of Kansas. Opinion filed March 2, 1990. Charles D. Dedmon, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant. Gen

862 So.2d 398 (2003) Charles DEAL, Plaintiff-Appellant, v. Carol Lexing POWELL, et al., Defendants-Appellees. No. 37,686-CA. Court of Appeal of Louisiana, Second Circuit. December 10, 2003. *400 Charles Deal, In Proper Person. Watson, McMillin & Harrison, by W. Michael Street, for Appellees Carol Lexing Powell and Monr

588 So.2d 1343 (1991) STATE of Louisiana, Appellee, v. Carl Wayne WIMBERLY, Jr., Appellant. No. 22886-KA. Court of Appeal of Louisiana, Second Circuit. October 30, 1991. *1344 Stephen A. Glassell, Shreveport, for appellant. William J. Guste, Jr., Atty. Gen., Paul J. Carmouche, Dist. Atty., Powell A. Layton, Tommy J. Johnso

PETERSON, Judge. Jermaine Powell was seventeen when he was charged with and pled no contest to one count of trafficking in cocaine and two counts of unlawful sale or delivery of a controlled substance. Powell’s case had been transferred to the circuit court for adult prosecution, but the sentencing judge elected to impose juvenile sanctions after review of the predisposition report (PDR). Powell had attained his eighteenth b

SIMON, Justice. Relator, Chester Warren Powell, alleging ownership of certain real property and the improvements thereon, applied for and obtained a temporary restraining order pending trial of a rule for the preliminary injunction to restrain the respondent, J. Ed Cox, from further trespassing upon said property and demolishing and removing certain named improvements situated thereon. A temporary restraining order was granted

There was a directed verdict in this case and no question arises as to the propriety of charging the Code, § 94-1108; but whether the principle is applicable is material in the case. In my judgment the prima facie presumption of negligence does not vanish as a matter of law until the railroad has produced *Page 204 all the evidence in its power to produce which will authorize a finding that it exercised ordinary care and diligence, or at least enough

FERGUSON, Judge (dissenting): I dissent. Where, as here, the offenses before the Court require the imposition of a sentence to imprisonment for life1 in the event an accused is found guilty, I cannot agree that marginal compliance with the requirements of United States v Care, 18 USCMA 535, 40 CMR 247 (1969), for interrogation relative to the actions

PER CURIAM: Plaintiffs-appellants appeal from the district court’s vacation of the reference to the magistrate and the magistrate’s grant of new trial to the defendants. We hold that the district court properly vacated the reference to the magistrate and need not address the magistrate’s grant of new trial. I. On September 5, 198

HEAD, J. It was the plaintiff’s purpose to sue and obtain judgment against Jas. A. Perdue, Robert S. Lee, J. G. Bozeman and Robert A. Lee, as partners under the name of Greenville Hotel Contractors & Builders, for material sold them by a partnership called the Green-ville Brick & Building Company, to be, and actually, used in the construction of an hotel in Greenville, which they had contracted to build for a co

1. The motion to dismiss the writ of error is denied. 2. The court did not err in denying the motion to reinstate the case after the grant of a nonsuit. DECIDED FEBRUARY 28, 1940. This is an action by a mother for the homicide of her three-year-old child. She sues for loss of the services of the child. At the conclusion of the plaintiff's evidence the court granted a nonsuit on the ground that the evidence introduced was insufficient to su

581 So.2d 772 (1990) Cynthia A. POWELL and Bruce Powell v. BLUE CROSS AND BLUE SHIELD OF ALABAMA. 88-1342. Supreme Court of Alabama. December 28, 1990. *773 John W. Haley of Hare, Wynn, Newell & Newton, Birmingham, for appellants. Duncan B. Blair of Lange, Simpson, Robinson & Somerville, and Walter F. Scott III, Bi

Simeall, J. : J. J. Williamson filed his petition in the circuit court of EeSoto county, asserting a lien on a building and lands, against Wimberly and wife, other parties claiming a lien on their respective applications, were made parties plaintiffs. Pending the suit, Wimberly and wife sold and conveyed the property to Rutland, who by amended petition, was made a defendant. It appears that Wimberly had purchased the property,

Suit was filed by plaintiff, a creditor, to set aside certain conveyances passing title from the defendant husband to the defendant wife. From a decree dismissing the bill this appeal is taken. The decree is predicated on the chancellor's finding that the plaintiff had not proved that the conveyances were fraudulently made. It appears that the chancellor misconceived the applicable law and thereby reached an erroneous conclusion. *Page 537 The wife

STEPHENS, J. The plaintiff sued for and obtained a judgment against the defendant for the sum of $202.06. He caused the issuance qf a writ of fieri facias and then filed a supplemental petition in which he alleged the issuance of said writ; and that he had reason to believe that the defendant had money in his own name or in the name of his wife, Mrs. Maggie Powell, on deposit in the Planters’ Bank in the town of Haynesville, Lou

REYNOLDS, J. Plaintiff recovered judgment against defendant in the Second Judicial District Court in and for the parish of Claiborne for $206.06 with legal interest thereon from July 1, 1924, until paid, and costs of suit, upon which a writ of fi. fa. was issued, and, under proper averments in a supplemental petition in the action wherein The Planters Bank of Haynesville, Louisiana, was named as garnishee a writ of garnishment d

Mr. PRESIDING JUSTICE JONES delivered the opinion of the court: After a jury trial in the Circuit Court of Jackson County the defendant was convicted of the offense of armed robbery and sentenced to a term of imprisonment of not less than 8 nor more than 15 years. This appeal followed. The defendant’s initial contention on appeal is t