Case law

In re the Proof of the Last Will & Testament of Henry

2 Gibb. Surr. 161 · New York Surrogate's Court · Sep 15, 1896

The law does not attempt to define any particular grade of mental ability or acumen necessary to qualify one to make a will, leaving the question to be determined very largely from the particular circumstances of each individual … evidence on behalf of the contestants, excluding, however, the facts established by the evidence on behalf of the proponent'.

Tomlin v. Dylan Mortgage, Inc.

2002 NCBC 1 · North Carolina Business Court · Feb 1, 2002

A. {9} The causes of action in the complaint in this action, as more clearly delineated in plaintiffs’ brief, establish claims common to the members of the class. … Here, plaintiffs clearly satisfy the typicality requirement.

Dworkin v. Duncan

116 Misc. 2d 853 · Civil Court of the City of New York · Nov 15, 1982

Multiple Dwelling Law. 3 Once a building is found to be an “interim multiple dwelling” the law provides, “Prior to compliance with safety and fire protection standards of article seven-B of this chapter, residential occupants qualified … Section 18 of the New York City Rent and Eviction Regulations provides that an apartment may be decontrolled if it is found that a tenant has established a primary residence elsewhere. .

In re the Estate of Tatkow

80 Misc. 2d 389 · New York Surrogate's Court · Jan 16, 1975

The agreement depended upon for the award of the relief demanded must be clearly and definitely established by full and satisfactory proof. ‘ To attribute to a will the quality of irrevocability demands the most indisputable … Y. 495, 505 ): ‘ ‘ Where there is an absolute gift * * * in order to qualify it or cut it down the latter part of the will should show equally clear intention to do so by use of words definite in their meaning.”

Cook, Lisa v. Newton Nissan of Gallatin_Newton Ford, LLC

2023 TN WC App. 10 · Tennessee Workers' Compensation Appeals Board · Mar 20, 2023

Hazlewood is qualified to provide pain management treatment. … While he did also state he had no further treatment to offer, he clearly did not refuse to see Employee. When he was deposed in May 2022, Dr.

Aldridge v. Commonwealth

2 Va. 447 · General Court of Virginia · Jun 15, 1824

Legislature, to deny to free blacks and mulattoes, one of the first privileges of a citizen ; that of voting at elections, although they might in every particular, except color, be in precisely the same condition as those qualified … This, object, the construction now established, carries into effect. The petition for a Writ of Error is overruled. R. E. Parker, J., .pronounced the following opinion.

Opinion No. 80-224 (1980) Ag

Oklahoma Attorney General Reports · Oct 22, 1980

When these teachers enter into new contracts they will already have qualified under the previously enacted minimum salary schedule as a teacher with another year's experience. … However, Section 1 clearly states that no funds appropriated for salary increases shall be used to fund local increments.

Kearns v. Boardman Twp. Police Dept.

2025 Ohio 475 · Ohio Court of Claims · Jan 21, 2025

A public office asserting an exemption must “prove facts clearly establishing the applicability of the exemption.” Welsh-Huggins v. Jefferson Cty. … of qualifying information was on the screens.

In re the Estate of McIntyre

159 Misc. 351 · New York Surrogate's Court · Apr 28, 1936

Even if the proof submitted by the respondent were uncontradicted, my opinion is that it has failed to establish ratification tested by the rule laid down in Adair v. … Brimmer (supra), where Rapallo, J. said (at p. 554): “ To establish a ratification by a cestui que trust, the fact must not only be clearly proved, but it must be shown that the ratification was made with a full knowledge

Opinion No. 78-293 (1978) Ag

Oklahoma Attorney General Reports · Dec 11, 1978

is regularly assigned to the class; provided that school districts which, at the beginning of the school year, do not have sufficient classrooms to meet the twenty-five-student-teacher ratio, as determined by guidelines established … The penalty exceptions of subsections E and F have been heretofore noted and would be applicable to grades one through six if the particular grades or classes qualify thereunder.

Kerry Bodenhamer Farms, LLC v. Nature's Pearl Corp.

2018 NCBC 136 · North Carolina Business Court · Dec 27, 2018

Second, the expert must be qualified through some combination of appropriate education and experience. See id. … Poling’s report clearly states the assumptions upon which he bases his opinion, including, for example, that KB Farms shipped the grapes under refrigeration. (See Poling Report at 8.)

446 Realty Co. v. Higbie

186 Misc. 2d 632 · Civil Court of the City of New York · Oct 2, 2000

Neither the Rent Stabilization Law of 1969 (Administrative Code *636 of City of NY, tit 26, ch 4 [RSL]) nor the RSC expressly defines what work qualifies as substantial rehabilitation. … landlord of building maintenance is an unfortunate fact of life concerning some buildings in this city and the remediation of such neglect when buildings deteriorate to such an extent that they are virtually uninhabitable was clearly

Aldridge v. Commonwealth

2 Va. 447 · General Court of Virginia · Jun 15, 1824

Legislature, to deny to free blacks and mulattoes, one of the first privileges of a citizen ; that of voting at elections, although they might in every particular, except color, be in precisely the same condition as those qualified … This, object, the construction now established, carries into effect. The petition for a Writ of Error is overruled. R. E. Parker, J., .pronounced the following opinion.

Davis v. Hca Healthcare, Inc.

2022 NCBC 52 · North Carolina Business Court · Sep 19, 2022

Anticompetitive effects may  be shown directly by establishing an actual adverse effect on competition. Id. … In the marketplace for the purchase of hospital services, however, Medicare and Medicaid purchase hospital services, but they can only do so for the limited number of individuals that qualify for those programs

Aldridge v. Commonwealth

2 Va. 447 · General Court of Virginia · Jun 15, 1824

Legislature, to deny to free blacks and mulattoes, one of the first privileges of a citizen ; that of voting at elections, although they might in every particular, except color, be in precisely the same condition as those qualified … This, object, the construction now established, carries into effect. The petition for a Writ of Error is overruled. R. E. Parker, J., .pronounced the following opinion.

Question Submitted by: The Honorable Wade Roussellot, State Representative, District 12

2014 OK AG 5 · Oklahoma Attorney General Reports · Apr 11, 2014

involves the financial liability that accrues from exercising that discretion. ¶9 By enacting the Governmental Tort Claims Act ("Tort Claims Act"), see 51 O.S.2011 & Supp.2013, §§ 151 - 172, the Legislature statutorily established … Oklahoma Supreme Court has similarly narrowly construed the exemption found in Section 155(6) to also reflect the planning-operational approach: Exemptions 4, 5, and 6, when read together with this Court's explanations, define clearly

In re the Transfer Tax upon the Estate of Martin

16 Mills Surr. 286 · New York Surrogate's Court · Feb 15, 1916

established by the proofs. … Martin was served with a notice to attend before the copmiissioner of jurors for the purpose of qualifying as a juror. Mr.

In re the Estate of Sullivan

177 Misc. 570 · New York Surrogate's Court · Nov 7, 1941

She duly qualified *572 as such. She never intervened in the pending accounting and was not made a party thereto in her official capacity. … This is clearly not the fact. The present petitioner is the duly appointed administratrix of this estate. As such, it is her duty to reduce to her official custody all assets belonging to the decedent. (Johnson v.

Opinion No. 78-167 (1978) Ag

Oklahoma Attorney General Reports · Jul 31, 1978

The applicable provisions of the Code establishing eligibility for license are contained in 59 O.S. 858 -302 [ 59-858-302 ] (1977), and 59 O.S. 858 -303 [ 59-858-303 ] (1977). … The foregoing statutes clearly set forth the mandatory duty of the Oklahoma Real Estate Commission to issue licenses to any applicant who shall meet the qualifications as stated therein.

Uniden America Corp. v. Indiana Department of State Revenue

718 N.E.2d 821 · Indiana Tax Court · Oct 6, 1999

Further, “[i]t is a well established rule of statutory construction that words and phrases shall be given their plain, ordinary, and usual meaning.” Koufos v. … Finally, “[t]o authorize a collection of gross income tax, a transaction must come clearly within the relevant statutory provisions.