Case law

State v. Sapps

820 A.2d 477 · Delaware Family Court · Apr 15, 2002

These statutes, however, clearly had as their purpose the protection of the young victim against'unlawful sexual aggressions. … It did, however, allow certain teenage defendants who qualified as a “voluntary social companion” to raise a victim’s consent as an affirmative defense.

Gloucester

1 Rep. Cont. El. 207 · Massachusetts House of Representatives · Jul 1, 1817

The committee also further report, that the town of Gloucester contains six parishes, and between 900 and 1000 qualified voters for representatives; that the harbor parish, in which the meeting was held, contains about one … open the meeting at 9 o’clock, and close the poll in the forenoon, or before the usual hour of dinner; and it was stated, that they had made some arrangements in their lists of voters, (though what they were, did not very clearly

In re Stewart's Will

5 N.Y.S. 32 · New York Surrogate's Court · Feb 27, 1889

Wetherell shall be held qualified or not as a mere matter of evidence. It not only has been said by her distinguished counsel, but it is obvious to me, that it may be quite immaterial to her. … mind whether, under this clause, such benefaction under this will as a legatee, or a person receiving something under it, shall go in case of a violation of this condition to the residuary estate; and is not that what is clearly

In re the Will of Powers

27 Misc. 2d 179 · New York Surrogate's Court · Nov 14, 1960

Precedents are, however, helpful as examples of the application by the courts of the established indicia of intent. … The testamentary scheme clearly shows an intent to have his lineal descendants as the remaindermen whenever possible.

Nova Tube Indiana II LLC v. Clark County Assessor

101 N.E.3d 887 · Indiana Tax Court · May 18, 2018

demonstrate to the Court that the Indiana Board’s final determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity … Tax Ct. 2010) (providing that an abuse of discretion occurs when the Indiana Board either misinterprets the law or 8 acted clearly against the logic and effect of the facts

Moore v. Jackson County Assessor

Oregon Tax Court · Jul 24, 2024

The Oregon Constitution lists situations that qualify as exceptions to the general rule that MAV increases by no more than three percent per year. … When a law itself establishes a class – that is, a “nontrue class” – the privileges and immunities clause does not apply. See MacPherson v. Dept. of Admin.

In re Fernbacher

17 Abb. N. Cas. 339 · New York Surrogate's Court · Jan 15, 1886

From the cases above cited the case at bar can be clearly distinguished. … must be accorded such enlarging, restricting or qualifying effect, as seems most consistent with the purposes of its maker.

Thompson v. Commonwealth

8 Va. 637 · General Court of Virginia · Dec 17, 1851

Upon the ground that the venire facias which issued in this case was improperly returned and executed: two or more of the said venire not being qualified as the law requires. Bd. … Nor do we consider the New York adjudications referred to as clearly establishing such a rule; though it must be confessed that some of the dicta of the Judges in those cases go to that extreme.

Estate of Helene J. Evans v. Dept. of Rev.

24 Or. Tax 126 · Oregon Tax Court · May 28, 2020

Donald’s will established a testamentary trust and named his son Con Gillam as trustee. … The court agrees that Helene clearly lacked those rights or other rights equiva- lent to ownership.

Mosley, Amanda v. HG Staffing, LLC

2021 TN WC 169 · Tennessee Court of Workers' Compensation Claims · Apr 7, 2021

He continued that he did not know if he could “clearly assign causation to her previous work,” given that her symptoms had “essentially resolved” until she worked for another employer. … Thus, she has not established her entitlement to temporary partial disability benefits at this time. IT IS, THEREFORE, ORDERED THAT: 1. HG Staffing shall authorize Dr.

Alpha-Bella VI, Inc. v. Clinton Township

14 N.J. Tax 597 · New Jersey Tax Court · May 5, 1995

The county board hearing was clearly an administrative proceeding. County tax boards are administrative agencies that “ ‘exercise gwasi-judicial jurisdiction’ ” in hearing tax appeals. *593 Union City Assocs. v. … The burden of establishing a change in use so as to subject land to rollback taxes is on the assessor. Miele v. Jackson Tp., 11 N.J.Tax 97, 99 (App.Div.1989).

In re the Accounting of Young

204 Misc. 92 · New York Surrogate's Court · Jan 15, 1953

It is well established that a vesting order confers upon the custodian a title identical in quality and quantity with that of the person whose interest is seized (Chase Nat. Bank v. McGrath, 76 N. Y. … rights in these trusts of those persons, perhaps as yet unborn, who will presumably qualify for membership in the class named to take the remainder.

In re the Judicial Settlement of the Accounts of Arkenburgh

1 Gibb. Surr. 380 · New York Surrogate's Court · Aug 15, 1895

Action in reference to this matter was not essential to the probate of the will, or to entitle the executors to qualify. They were under no obligations to the legatees in respect to the commissions. … This clearly indicates, the desire and intention of the testator to allow the executor for his services the amount which the books at that time showed him to have received, which was largely in excess of $1,800. a year.

In re the Estate of Welton

141 Misc. 674 · New York Surrogate's Court · Oct 29, 1931

Letters of administration upon the estate were issued to the petitioners on December 29,1925, and they duly qualified by filing a bond in the sum of $25,000 with National Surety Company as surety. … Under such circumstances it becomes the duty of the court to determine whether the facts set forth in the petition and account establish a prima facie obligation for repayment.

In re the Accounting of Union Trust Co.

18 Mills Surr. 213 · New York Surrogate's Court · Dec 28, 1916

Such rule of law should not be abandoned, qualified or in any way impaired. … The plaintiff was compelled to maintain the action to identify and establish her interest in the mortgage.

Zimmerer v. Clayton

7 N.J. Tax 15 · New Jersey Tax Court · Sep 27, 1984

Accordingly, one seeking an exemption has the burden of bringing himself clearly within the exemption provision. Board of National Missions v. Neeld, 9 N.J. 349, 353 , 88 A.2d 500 (1952); Container Ring Co., Inc. v. … I therefore hold that the transfers in question do not qualify for the parent-child exemption.

McGinty v. Ohio State Univ.

2020 Ohio 4315 · Ohio Court of Claims · Jul 29, 2020

The court granted summary judgment in favor of defendant on plaintiff’s claims of retaliation and determined that Adrienne Nazon was entitled to civil immunity pursuant to R.C. 9.86. … against non-minority employees, (2) defendant took an action adverse to plaintiff’s employment, (3) plaintiff was qualified for the position, and (4) defendant treated plaintiff disparately from similarly situated minority

Lauer v. Grant County Assessor

Oregon Tax Court · Dec 1, 2020

Accepting as true Plaintiff’s allegation that the subject property is held by land patent title, that does not qualify the subject property for exemption. … Oregon’s power to impose property taxes is well-established.

Capps v. Blondeau

2015 NCBC 38 · North Carolina Business Court · Mar 5, 2015

Ken Martin and Jack Stancil, the longtime CPAs for Capps, and for Blondeau personally, were qualified to handle tax matters related to creation and operation of the Baker Foundation. … Moreover, the Plaintiffs are entitled to a substantial award of punitive damages based upon the many statutory factors that are clearly present pursuant to N.C. Gen. Stat. § 1D-35 (see e.g.

Urquhart v. Trenkelbach

2017 NCBC 11 · North Carolina Business Court · Feb 8, 2017

“Plaintiff[s] must first establish that [D]efendants’ conduct was ‘in or affecting commerce’ before the question of unfairness or deception arises.” HAJMM Co. v. … Having found the Amended Complaint deficient, the Court need not address Defendants’ contention that Trenkelbach is a non-outsider entitled to qualified immunity from any tortious-interference claim. C.