Case law

M'Crea v. Purmort

16 Wend. 460 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1836

To establish the conclusiveness of such loose expressions, therefore, might produce extensive injustice. … These propositions are all clearly established by the cases, collected in a late English treatise. Wilkinson on Limitations, page 61, ch. 4.

Opinion No. (1993)

Oklahoma Attorney General Reports · Aug 31, 1993

IN FACT, THE BILL DOES NOT MANDATE A SALARY INCREASE; IT MERELY ESTABLISHES A SALARY CAP. HB 1568 DOES NOT DICTATE THE AMOUNT AN OFFICER SHALL BE PAID. … THE LANGUAGE CLEARLY PROHIBITS CHANGING THE SALARY OF A COUNTY OFFICER DURING THAT OFFICER'S TERM OF OFFICE, UNLESS IT IS DONE BY A LAW PASSED PRIOR TO THE ELECTION OR APPOINTMENT OF THAT OFFICER.

Opinion No. (2002)

Oklahoma Attorney General Reports · Mar 18, 2002

Section 106 establishes the requirements for "legal newspapers," i.e., those newspapers which wish to publish valid legal notices. … An examination of the relevant factors discerned from Ruble reveal the balance clearly in favor of holding The Oklahoma Journal being published in Midwest City because that is where its principal offices are located, that

In re the Estate of Weiden

144 Misc. 854 · New York Surrogate's Court · Oct 10, 1932

They then acquired contractual rights which were immune from subsequent legislative attack.” … TMs clearly appears from the following extract from the opinion of the court written by Mr. Justice Stone (at p. 166): “ Group 2.

In re the Estate of Wendel

159 Misc. 443 · New York Surrogate's Court · Apr 23, 1936

The alteration clearly was made to support the claim of the relationship between the two families. … The first formal step to qualify Meta Strauch, the petitioner, as the illegitimate child of Georgiana Wendel was an application to correct her birth certificate.

Estate of McGee v. Department of Revenue

7 Or. Tax 288 · Oregon Tax Court · Dec 16, 1977

Jerman, 147 Or 657 , 35 P2d 248 (1934), contains an example of a clearly contingent remainder. … Clearly, these conditional uses go beyond the scope, spirit and intent of ORS 215.213.

Facey v. Johnson

49 Misc. 3d 1136 · Civil Court of the City of New York · Sep 25, 2015

Plaintiff’s proof was insufficient to establish value as to any item allegedly damaged or lost.” *1139 Although the defendant seeks past rent, and the court generally would award rent arrears, but reduce it or set off such … The defendant clearly violated Administrative Code of the City of New York § 26-521 because she, in sum and substance, engaged in an unlawful eviction instead of commencing summary proceedings.

Hewitt v. State

33 Misc. 2d 868 · New York Court of Claims · Jun 26, 1961

State’s comparable No. 1 was made pursuant to and at a price established by an option in February of 1955 and its location was likewise east and farther removed from the two previously named comparables. … The Power Authority’s experts qualified that classification by questioning whether the time was ripe for its development at the time of the appropriation.

In re the Estate of Work

9 Mills Surr. 258 · New York Surrogate's Court · Apr 15, 1912

Where a matter is clearly within the general probate jurisdiction, conferred in general terms on the surrogates, and the petition. *262 on its face shows such jurisdiction, and the surrogate has granted citation, it is very … The qualified executors may at any time be held up at any stage of a most important negotiation, transfer or sale, by one invoking this section, although he has no sensible knowledge or any information other than a bare suspicion

Simms v. Department of Revenue

11 Or. Tax 32 · Oregon Tax Court · Apr 27, 1988

The court does not believe that it qualifies as such. To qualify, a sale must be recent, voluntary, arm’s-length, between knowledgeable parties willing but not compelled to deal. … The lack of an adequate economic and population base, the loss of liability insurance coverage and the general decline in the roller skating rink industry clearly supports such a determination.

In re the Estate of Sage

97 Misc. 2d 790 · New York Surrogate's Court · Jan 15, 1979

Sage qualified as trustees. Thereafter, pursuant to the power *792 contained in the trust agreement, Mr. Sage appointed Richard M. Goldwater as the second individual cotrustee. Mr. … It would be clearly against New York State public policy to authorize such expenditures of trust funds.

In re the Estate of Baker

174 Misc. 93 · New York Surrogate's Court · Apr 30, 1940

They argue that his intent is clearly revealed in his three testamentary instruments. … Baker’s purpose to immunize the additional shares specifically bequeathed to charity from liability for the loan.

Ray v. Department of Revenue

6 Or. Tax 184 · Oregon Tax Court · Sep 11, 1975

It has been noted that there *189 may be a greater constitutional restraint upon the application of a wholly new type tax than upon the retroactive application of a provision involving an established type of tax. 1 Mertens … Since no citizen enjoys immunity from that burden, its retroactive imposition does not necessarily infringe due process, and to challenge the present tax it is not enough to point out that the taxable event, the receipt of

Manhattan Embassy Co. v. Embassy Parking Corp.

164 Misc. 2d 977 · Civil Court of the City of New York · Feb 27, 1995

In order to qualify as a person of suitable age and discretion, then, the employee who is served need not be a corporate official or an agent authorized by the corporation to accept service. … Contrary to respondent’s contention, the terms "will receive” and "willing to receive” are not equivalents, and only the latter clearly expresses consent.

In re the Estate of Watts

71 Misc. 2d 621 · New York Surrogate's Court · Sep 15, 1972

Although no clear cut definition has been given by the courts of this State as to what “ such other facts ” would consist of, it is clear to this court that almost any facts establishing regularity as opposed to mere conjecture … The plain intent was that the will of Amandus Watts terminated on the death of Selma as clearly as if it had been revoked.

Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc.

2022 NCBC 72 · North Carolina Business Court · Nov 10, 2022

Duke Power Co., 291 N.C. 19, 35 (1976) (“Although not a privilege, the exception is a qualified immunity and extends to all materials prepared in anticipation of litigation or for trial by or for another party or by or … believed by a trier of fact, would establish the elements of some violation that was ongoing or about to be committed.

Dee v. Freightliner Corporation

North Carolina Industrial Commission · Feb 1, 1995

Freightliner Corporation is a duly qualified self-insurer under the law. 4. The parties stipulated into the record eight pages of medical reports of Dr. Donald Joyce and two pages of records from Kaiser Permanente. 5. … Plaintiff's testimony, which, if believed, would tend to establish that he sustained a compensable injury on or about 7 or 8 February 1993 is not accepted as credible.

Washington v. Aneco Elec. Constr.

North Carolina Industrial Commission · Dec 11, 2003

The record establishes that he did not work between the injury on May 25, 2001 and his return to work on July 30, 2001. … In the instant case, the evidence of record clearly shows that the Compromise Settlement Agreement entered into by plaintiff with Aneco and CNS was in relation to plaintiff's claim pursuant to I.C.

American Refrigerator Transit Co. v. State Tax Commission

1 Or. Tax 429 · Oregon Tax Court · Sep 26, 1963

It is not qualified to do business in Oregon, maintains no office here, has no employees here, solicits no business here, and has no direct contractual arrangements with any railroad which operates in Oregon. … Tax Com., 229 Or 627, 632 , 368 P2d 337 (1962), and its statement of the due process criteria appears firmly established.

Enhanced Telecommunications Corp. v. Indiana Department of State Revenue

916 N.E.2d 313 · Indiana Tax Court · Nov 5, 2009

Because the distributions in this case are not legal settlements, they do not qualify as gross receipts pursuant to Indiana Code § 6-2.3-3-3. … Here, the distributions clearly do not meet the terms of this statute: they are not receipts received for maintenance services provided to a consumer that are directly related to the utility services of that consumer.