Case law

City of Houston v. Allred

71 S.W.2d 251 · Texas Commission of Appeals · May 2, 1934

The habendum clause of the deed of trust securing the 1926 bonds reads as follows: “(9) To have and to hold, the above mentioned property, premises, rights, franchises, easements, privileges, immunities, appurtenances,' business … It is also clearly evident that the ordinance and contract thereby authorized vested, and was intended to vest, the holders of such bonds with all the rights and security provided by such statute.

In re Campbell's Will

136 N.Y.S. 1086 · New York Surrogate's Court · Mar 2, 1912

Johnson, who was entirely disinterested and highly qualified to speak on the subject of Miss Campbell, her ways, speech, and action at the critical period in this cause. … Townsend then released his right of presentation and became clearly qualified to testify to matters not falling within the inhibition of section 835, Code Civ. Proc. As Mr.

In re the Transfer Tax upon the Estate of Cochrane

117 Misc. 18 · New York Surrogate's Court · Nov 15, 1921

Justice Page, writing for the Appellate Division, said as to the first reservation, which is similar to one of the reservations in *27 the instant case, that there is nothing in this clause to qualify or- cut down the absolute … This language clearly implies that the court had in mind and gave particular consideration to the possession of the property and the enjoyment of the income thereof.

Garfield Trust Co. v. Director, Div. of Taxation

6 N.J. Tax 462 · New Jersey Tax Court · Jun 19, 1984

Commercial banks and savings banks are established and governed pursuant to the Banking Act of 1948, N.J.S.A. 17:9A-1 et seq. … Thus, the exemption established by N.J.S.A. 34:1B-15 clearly does not affect the imposition of the tax on the value, income and gain on transfer of EDA bonds under the corporation business tax____ The Legislature has never

Beaver Ventures LLC v. Washington County Assessor

Oregon Tax Court · Jan 27, 2026

The department promulgated a rule requiring separate claim forms for separate authorizations and clearly stated that requirement in its form instructions. … Nor can the court permit Plaintiff to correct its failure to file a claim on appeal because ORS 285C.220 establishes claim filing deadlines.

Peebles v. Case

2 Bradf. 226 · New York Surrogate's Court · Dec 15, 1852

It is clearly proved that, about the 15th of February, 1850, the decedent executed his last will and testament, and yet two wills are produced, each bearing that same date, appointing the same executors, each written by the … Peebles, establishing that the document was in Mr.

Wilkes v. Lion ex dem. Eden

2 Cow. 333 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1823

Supreme Court, and it is clearly supported by the opinions of Fearne, Williams and Cruise, in their commentaries on this branch of the law. when 1st ex-ecut0I7 de,vise vests, those following are vested remam- The doctrine … Such, is the inflexible rule of law, established and respected for ages, and to depart from it, at this day, might unsettle half the titles in the state.

Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio Grandense

85 Misc. 2d 653 · Civil Court of the City of New York · Oct 15, 1975

Co., 202 NY 363 , supra), the proof established that the defendant had the power to comply with the demand of the plaintiffs for its delivery at that port. … It was clearly foreseeable by the defendant’s employees that withholding the baggage would result in mental distress.

Uzdavines v. Metropolitan Baseball Club, Inc.

115 Misc. 2d 343 · Civil Court of the City of New York · Aug 24, 1982

The court believes that a duty has clearly been imposed on the “Mets” via the Akins decision. … Considering all the circumstances, the indicia of sole, joint, or concurrent dominion or control over the safety nets to qualify for the application of the res ipsa doctrine are compelling: *358 (1) This incident occurred

Home Health Care v. Department of Health & Rehabilitative Services

33 Fla. Supp. 2d 169 · State of Florida Division of Administrative Hearings · Jun 29, 1988

To qualify, Home Health Care of Bay must be a (1) corporation, (2) with its principal office in Florida, which had, at the time of the action was initiated by the State Agency, (3) not more than 25 full-time employees, or … As the court clearly stated in City of Naples Airport Authority v Collier Development Corporation, 515 So.2d 1058, 1059 (Fla. 2d DCA 1987), interpreting Section 57.111, Rather than establishing a limitation, we believe that

Western Generation Agency v. Department of Revenue

14 Or. Tax 141 · Oregon Tax Court · Feb 13, 1997

WGA claims that it qualifies as a municipal corporation for purposes of ORS 307.090(1). … The purpose of ORS 33.710 is to provide a process to establish the validity of a local governmental organization.

David A Gertz v. Porter County Assessor

Indiana Tax Court · Feb 3, 2026

At no point does Gertz clearly articulate to the Court an alternative true tax value that the Board should have selected or, more importantly, show how the record evidence establishes that value. … Gertz has not presented and explained probative evidence establishing the property’s market value-in-use.

Steven S. v. GHI

6 Misc. 3d 213 · Civil Court of the City of New York · Sep 7, 2004

Exclusions that are specifically and clearly defined will be enforced. (Caporino v Travelers Ins. Co., 62 NY2d 234 [1984].) … Thus, the court is satisfied that claimant sufficiently established through the testimony of Dr. Gross and the letters of Drs.

Indiana-Kentucky Electric Corp. v. Indiana Department of State Revenue

598 N.E.2d 647 · Indiana Tax Court · Aug 19, 1992

Transmission of electricity is clearly within the sale transaction, and the expert testimony supports the Department's claim that some electricity generated at IKEC travels completely within Indiana to IM and SIGECO. … Electricity qualifies as "goods" within the meaning of the UCC. Helvey v. Wabash County REMC (1972), 151 Ind.App. 176, 179 , 278 N.E.2d 608, 610 . 7 .

In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of MacDowell

14 Mills Surr. 11 · New York Surrogate's Court · Feb 15, 1915

Y — for carrying on this Home — To be established in perpetuity. … Clearly there is no charitable trust created under the will. The one attempted to be created is absolutely void.

Webb v. Brown

2 Posey 36 · Texas Commission of Appeals · Nov 15, 1880

., p. 418, sec. 36, and to quote from the latter authority: “ It may be stated, generally, that where the number of acres is referred to as an ‘ estimated ’ quantity, or coupled with the clause of ‘ more or less,’ or is clearly … Bennett, as determined by course and distance, was twice as valuable by the acre as the rest of the said survey, that is, the remaining ninety acres,” and as there is no other evidence in the case which can properly qualify

Bldg. Ctr., Inc. v. Carter Lumber, Inc.

2016 NCBC 77 · North Carolina Business Court · Oct 21, 2016

App. at 375, 542 S.E.2d at 692 (“Confidential data regarding operating and pricing policies can also qualify as trade secrets. … This “privilege [to interfere] is conditional or qualified; that is, it is lost if exercised for a wrong purpose.

In re the application to revoke the probate of the will of Stewart

1 Connoly 412 · New York Surrogate's Court · Feb 15, 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 material to her. … , whether under this clause such benefaction under this will as to 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

Elkhart County Assessor v. E R Carpenter Company, Inc.

Indiana Tax Court · Jan 12, 2021

the Court that the Indiana Board’s final determination in this matter is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity … Tax Court Rule 1 (incorporating the Indiana Rules of Trial Procedure unless they are clearly inconsistent with the Tax Court Rules); Ind.

Henderson v. Beaton

1 Posey 17 · Texas Commission of Appeals · Nov 8, 1879

Such a consideration, clearly, would support' the conveyance — it would be a valuable consideration — a good consideration even would be adequate. … The mode may, perhaps, be qualified and different under our laws.