Case law

In re the Accounting of Flower

5 Misc. 2d 1035 · New York Surrogate's Court · Apr 19, 1957

But, whether or not the above-mentioned established rules of construction result in a determination of what, in truth and in fact, the testamentary intent was, at least, they do resolve the ambiguity. … An example of this indication of the testator’s having *1040 intended a deferment in vesting is clearly shown in cases where he qualifies the class of beneficiaries by such an expression as, then living ”, the “ then ” clearly

In re the Estate of Owen

71 Misc. 2d 179 · New York Surrogate's Court · Jul 27, 1972

This decedent turned her attention to this tax burden and clearly said how it was to be borne. … It would then have obtained a definitive judicial determination of the liability or immunity of the Mexican assets under Mexican law.

Neville v. Gulf, C. & S. F. Ry. Co.

252 S.W. 483 · Texas Commission of Appeals · Jun 13, 1923

The distinction between acting as a common or public carrier on the one hand, and as a special or private carrier on the other, is clearly and succinctly explained by Mr. … Ed. 787 ), from which we quote as follows: “It is the established doctrine of this court that common carriers cannot secure immunity from liability for their negligence by any sort of stipulation. Railroad Company v.

Bates, Royella v. US Farathane

2017 TN WC 239 · Tennessee Court of Workers' Compensation Claims · Dec 28, 2017

Bates] clearly had some degeneration in her back to begin with. … The Court finds both physicians are experienced in their respective fields and well-qualified to give causation opinions in workers' compensation claims.

Chester Borough v. World Challenge, Inc.

14 N.J. Tax 20 · New Jersey Tax Court · Apr 6, 1994

The Supreme Court has stated that the party claiming an exemption has the burden of establishing that it clearly qualifies for exemption and, when construing the statute which gives rise to the exemption: all doubts are resolved … Though World Challenge was authorized to conduct religious activities in New Jersey on October 1, 1991, it does not maintain an established church in the State.

Jackson v. Templin

66 S.W.2d 666 · Texas Commission of Appeals · Dec 30, 1933

She duly qualified, executed the bond, and took charge of Kate Jackson’s estate. … Clearly this authority is not in point. In Tomlinson v. H. P. Drought & Co. (Tex. Civ. App.) 127 S.

Rcj Corp. v. Dept. of Revenue, Maricopa Cty.

168 Ariz. 328 · Arizona Tax Court · Jun 10, 1991

There is nothing in the language itself, however, to indicate that the legislature intended so precisely to qualify the word "all". … In any case, since one year's unpaid taxes may become delinquent before a subsequent year's valuations are established by the taxing authority, Maricopa County's interpretation of the statutory language could create a class

Faby v. Air France

113 Misc. 2d 840 · Civil Court of the City of New York · Mar 22, 1982

In Guercio v State of New York ( 57 Misc 2d 497, 501 ), the State’s expert, a qualified civil engineer, likened vibration waves to “waves resulting from dropping a stone into a pool of water. … The record clearly established that Air France had, on a comparative basis, superior knowledge or means of information as to the alleged cause of the damage — the operation of its aircraft. *845 Whether the flight in question

Jones v. David Drye Company

North Carolina Industrial Commission · Sep 13, 1995

Defendant is a duly qualified self-insured with Key Risk Management Services as the servicing agent. 3. … Plaintiff's testimony, if accepted, would establish that plaintiff sustained a specific traumatic incident which resulted in a back strain.

Smith v. Wal-Mart Stores

North Carolina Industrial Commission · May 25, 2004

Humble's testimony clearly establishes that the plaintiff's brief employment at Sam's Club did cause her bilateral CTS. 14. Dr. Humble's pertinent opinions are: a. … Gorrod has no medical training and is not qualified to proffer medical opinions because he does not have "knowledge, skill, experience, training, or education" in medical matters.

In re the Judicial Settlement of the Account of Rolph

2 Connoly 191 · New York Surrogate's Court · Feb 15, 1890

The said widow and administratrix was duly appointed guardian of the persons and property of her four minor children, November 15, 1880, and duly qualified, and has not been discharged. … I am of the opinion, from a careful examination of these authorities, that, while they confirm the long-established rule that, generally, an administrator has nothing to do with the real estate of the intestate, yet they

Opinion No. (2000)

Oklahoma Attorney General Reports · Jul 25, 2000

The United States Constitution prohibits governmental taking of property without due process of law: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States … Invalidating the amendments, the Court of Appeals concluded that the homeowner association's attempt to amend the restrictive covenants within the ten-year period, and without the unanimous consent of the homeowners, clearly

Convention Headquarters Hotels LLC v. Marion County Assessor

Indiana Tax Court · Sep 3, 2026

Counts IV and V alleged violations of the Property Taxation Clause and the Equal Privileges and Immunities Clause of the Indiana Constitution. (Pet. Jud. Rev. at 11–13.) … Indiana Tax Court Rule 1 provides that the Rules of Trial Procedure apply in this Court except to the extent that those rules are clearly inconsistent with the Tax Court Rules. Ind. Tax Ct. R. 1.

Archer v. Department of Revenue, Tc-Md 080508b (or.tax 4-23-2009)

Oregon Tax Court · Apr 23, 2009

The evidence establishes that, during 2007, Tilton was responsible for the health care needs of the children. Tilton did not claim any child care expenses on his 2007 Oregon income tax return. … The statute provides in relevant part: "A qualified taxpayer shall be allowed a credit against the taxes otherwise due under ORS chapter 316 equal to the applicable percentage of the qualified taxpayer's child care expenses

A A v. State

43 Misc. 2d 1004 · New York Court of Claims · Sep 2, 1964

The record clearly shows his difficulties at home which led to his commitment to Bellevue Hospital and thence to Rockland State Hospital. … Leedy, a well-qualified psychiatrist, and Dr. Gruen, an exceptionally well-qualified psychologist. Both Dr. Leedy and Dr. Gruen disagreed with Dr. Chlenoff’s diagnosis of schizophrenia prior to October 20. Dr.

Ryan v. State

13 Misc. 2d 282 · New York Court of Claims · Jul 8, 1958

administrator with limited letters of administration of the estate of the deceased herein having been duly appointed as such by order of the Surrogate of the County of Clinton, New York on September 11, 1957 and having duly qualified … Clearly, the deceased had no right to go upon the property and into the water for the purpose for which she did, for the property and the Barge Canal terminal facilities located thereon were not intended for any such use.

Opinion No. (1988)

Oklahoma Attorney General Reports · Nov 28, 1988

as used in Article VI, Section 7, and found that it is used in the same sense as in Article V, Section 57 of the Constitution, which requires that every act of the Legislature shall embrace but one subject which shall be clearly … As noted above, 68 O.S. 2357 .7 sets forth the conditions under which a tax credit may be allowed "for investments in qualified venture capital companies whose purpose is to establish or expand the development of business

Napier v. Lincoln County School District

4 Or. Tax 221 · Oregon Tax Court · Dec 3, 1970

The funding of school buses, their maintenance and repair, clearly would come within this provision. … The budget committee consists of members of the governing body and a number of qualified electors. ORS 294.336.

Opinion No. (1976) Ag

Oklahoma Attorney General Reports · Nov 16, 1976

chief deputy or assistant shall carry on the duties of the office during the absence of the principal officer or, in the event of the death, removal or resignation of said principal officer, until a successor shall have qualified … The 1976 Legislature struck the words "as the principal officer may propose and establish the need of and the county commissioners will approve" out of 19 O.S. 180 .65 [ 19-180.65 ](a).

Kee v. Caromont Health, Inc.

North Carolina Industrial Commission · Apr 23, 2010

Defendant Caromont Health is a duly qualified self-insurer under the North Carolina Workers' Compensation Act with Key Risk Services, Inc. as their third party administrator. 3. … Plaintiff was given until December 5, 2008 to elect COBRA coverage, but she would have to make payments to cover the period beginning July 31, 2008 to qualify for continuing coverage.