Case law

Sutherland v. Sutherland

28 A.3d 1093 · Delaware Family Court · Jan 28, 2010

Wife’s father believed “The Plan” had a high chance of success because, at the time, the real estate market was strong, and Husband was qualified to act as the general contractor which would result in considerable savings … Although she might be able to make a greater income in a higher position in the educational system, for which she is qualified, the Court recognizes the need for Wife to have the time with her young children which her present

In re the Estate of Snell

30 Misc. 2d 373 · New York Surrogate's Court · Jun 15, 1961

The trustees named in the will duly qualified (Surrogate’s Ct. Act, § 167). By judicial settlement decree, July 21, 1947, the actual residuary estate was turned over by the executors to the trustees. … established ” (Rose v.

In re the Judicial Settlement of the Accounts of McKay

3 Mills Surr. 12 · New York Surrogate's Court · Mar 15, 1902

Gillett was duly appointed executor in pursuance of said will, and duly qualified and entered upon the discharge of his duties as such on January 4, 1890. Thereafter an action was brought by the said Chas. W. … It was clearly held in the ease of Matter of Woodworth, 5 Dem. 156 -160, and in the case of Shumway v.

Timpson's Estate

15 Abb. Pr. 230 · New York Surrogate's Court · Apr 15, 1872

A base, or qualified fee is such an one as hath a qualification subjoined thereto, and which must be determined whenever the qualification to it is at an end. … Thus it is abundantly established that the widows in question were endowed of these lands to the extent of the seizin of their respective husbands.

People v. Green

83 Misc. 2d 583 · Criminal Court of the City of New York · Jun 19, 1975

CPL 240.20 (subd 4) is clearly more restrictive than Standard 3.2 of the ABA Standards and Standard 4.9 of the NAC Standards. … CPL 250.20 (as amd by L 1974, ch 420, § 1), was a direct result of Wardius v Oregon (supra), and establishes a reciprocal alibi notice requirement in New York.

Wheeler v. Wheeler

2018 NCBC 117 · North Carolina Business Court · Nov 15, 2018

A mandatory injunction “will ordinarily be granted only where the injury is immediate, pressing, irreparable, and clearly established.” Id. (citing State Highway & Pub. Works Comm’n. v. … In addition to irreparability, the harm must be “immediate, pressing, . . . and clearly established.” Auto. Dealer Res., 15 N.C. App. at 639, 190 S.E.2d at 732. 38.

Zmation, Inc. v. Dept. of Rev.

Oregon Tax Court · Mar 17, 2022

It claimed six qualified projects in 2016 and eight qualified projects in 2017. (Id.) … But those emails and notes do not clearly demonstrate a systematic method of trial and error capable of evaluating more than one alternative, rather than simple trial and error.

Inspira Medical Centers, Inc. v. City of Woodbury

New Jersey Tax Court · Nov 21, 2024

These principles foster the “well- -2- established policy that ‘the public tax burden is to be borne fairly and equitably.’” … To qualify for an exemption, a property owner must show: (1) it is organized for an exempt purpose; (2) its property is used for an exempt purpose; and (3) its operation of the property is not conducted for profit.

King v. Baldwin

17 Johns. 384 · Court for the Trial of Impeachments and Correction of Errors · Mar 31, 1819

The following facts I consider sufficiently proved and established. … The rule established in both cases clearly is, that if the form of the security will admit *the inquiry at law, whether surety or not, a court of law will take cognizance of the surety’s de-fence.

In re the Estate of Pardy

161 Misc. 77 · New York Surrogate's Court · Nov 14, 1936

One who seeks to establish a lost or destroyed will assumes the burden of overcoming this presumption by adequate proof.” … The testimony indicates clearly that the decedent did not have possession of his will of September 20, 1933, on the date of the execution of the codicil.

Question Submitted by: The Honorable Bobby Cleveland, State Representative, District 20

2015 OK AG 9 · Oklahoma Attorney General Reports · Oct 6, 2015

As such, the Court found the district's policy violative of the Establishment Clause. … The Court held that "[t]he church group in Lamb's Chapel would have been qualified as a social or civic organization, save for its religious purpose."

Mezcalito Apex, Inc. v. Murillo

2026 NCBC 14 · North Carolina Business Court · Feb 17, 2026

defines confidential information in a way that “tracks the definition of ‘trade secrets’ under North Carolina law”; (ii) provides that the duty to maintain confidentiality remains in effect until the information no longer qualifies … Plaintiff purports to bring Count Four for preliminary and permanent injunction, seeking a Court order enjoining [Defendant] from further actual or threated misappropriation of [Plaintiff’s] trade secrets, clearly

Mitchell Bros. Terminal Co. v. Department of Revenue

5 Or. Tax 141 · Oregon Tax Court · Oct 30, 1972

This regulation clearly treats the assumption of liability by the taxpayer’s transferee as money received by the taxpayer, whether the property qualifies within § 1031(a) or is nonqualifying under § 1031(b) of the Int Rev … The court must follow this long-established regulation. No case has been cited authorizing any other treatment under the facts of this case.

McDonald v. Cleveland State Univ.

2011 Ohio 7012 · Ohio Court of Claims · Dec 9, 2011

Although Lekan also testified as to the adequacy of defendant’s use of force policy, any claim challenging the same is barred by the doctrine of discretionary immunity. See Reynolds v. … Lastly, regarding plaintiffs’ claim for negligent hiring, retention, training, and supervision, the elements that must be established in order to sustain such a claim are: “(1) the existence of an employment relationship;

Wilmarth v. Reagan

242 S.W. 726 · Texas Commission of Appeals · Jun 24, 1922

We think these appraisers, in view of these allegations, were not qualified to pass upon the same; that no remedy, in a case of this kind, was provided by the Laney Act; that the district court clearly had jurisdiction. … At the same time, we think a little delay in the reclaiming of lands is far preferable to th'e establishing of a precedent which might forever crucify the right upon a cross of fraud.

Clark County Assessor v. Dillard Department Stores, Inc.

Indiana Tax Court · Jun 5, 2024

DISCUSSION AND DECISION The dispute in this case centers around the income approach estimate prepared by Dillard’s appraiser to establish the value of its property. … A reviewing court may overturn a decision for lack of substantial evidence only if the agency’s conclusions are shown to be clearly erroneous in light of all of the evidence. Moriarity v. Indiana Dep’t Nat.

Pahokee Farms, Inc. v. Board of Trustees of the Internal Improvement Trust Fund

20 Fla. Supp. 2d 222 · State of Florida Division of Administrative Hearings · Aug 9, 1985

The qualified applicant offering the highest payment to the State was to be awarded the lease. … It was clearly contemplated by members of the Board that the rule “invented” or “developed” would come back to the Board for approval.

Wilson Realty & Constr., Inc. v. Asheboro-Randolph Board of Realtors

1997 NCBC 1 · North Carolina Business Court · Sep 30, 1997

Because of the potential impact of their decisions, neither the organization nor individuals acting on its behalf are entitled to absolute immunity from suit. … {43} The affidavit of Charles Grimes was also offered to defeat summary judgment and establish bias of the 1994 Ethics Hearing Panel. It is offered to establish statements made by Mr.

Goldberg v. Zellner

235 S.W. 870 · Texas Commission of Appeals · Dec 21, 1921

Goodwyne was appointed and qualified as guardian of the estate of the minor son, and continued in that capacity until January 10, 1914. He died on February 4, 1916. On August 9, 1912, A. A. … Clearly the Legislature in enacting this statute was not dealing with relative liability of the community estate and separate estate of. the decedent for the funeral expenses of such decedent.

In re the Estate of Smith

79 Misc. 2d 105 · New York Surrogate's Court · Sep 9, 1974

These, we think, are clearly distinguishable. … However, the records on appeal establish that extensive briefs *111 citing the cases heretofore mentioned (and others) were presented by the protagonists.