Case law

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.

In re Smith's Estate

1 Pow. Surr. 271 · New York Surrogate's Court · Dec 15, 1892

All qualified and entered upon the duties of the executorship, and acted therein until about in the year 1885. … Schlegel, supra, and reviews the authorities establishing that principle; and, in speaking of the case of Tobias v.

David A Gertz v. Porter County Assessor

Indiana Tax Court · Dec 22, 2025

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.

Opinion No. (1996)

Oklahoma Attorney General Reports · Mar 4, 1996

Rules of the Commission have the force and effect of law. 75 O.S. 1991 , § 308.2[ 75-308.2 ] (C). ¶ 12 Clearly, the language of OAC 165:35-19-10 (q) prohibits a REC from commingling membership fees with its customer deposits … Co-op. 1992 Supp. 1995), for the purpose of promoting electric service in rural areas by authorizing loans for various purposes to rural residents who qualify under the Act.

K&M Collision, LLC v. N.C. Farm Bureau Mut. Ins. Co.

2017 NCBC 107 · North Carolina Business Court · Nov 21, 2017

“A motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … On a Rule 12(c) motion, “[t]he movant is held to a strict standard and must show that no material issue of facts exists and that he is clearly entitled to judgment.” Ragsdale v.

In re the Probate of the Last Will & Testament of Cable

123 Misc. 894 · New York Surrogate's Court · Nov 6, 1924

The rule is so clearly laid down in the authorities cited that reference to the particular facts in each case is deemed unnecessary. … Its purpose is to alter, explain, qualify or revoke the will in the respects it defines. It is a part of the will, and the two are to be read and executed as one entire instrument.

In the Interest of Hart

806 A.2d 1179 · Delaware Family Court · Sep 28, 2001

The answer is clearly in the affirmative. 13 Del. … Clearly the relationship between the persons who have been and will be parenting Peter and George is a factor that is of critical importance to the Court. The fact that Mr. Hart and Mr.

Paramount Pictures Corp. v. Allianz Risk Transfer AG

73 N.Y.S.3d 472 · Court for the Trial of Impeachments and Correction of Errors · Feb 20, 2018

The Appellate Division held that Paramount's suit qualified as a compulsory counterclaim under Federal Rules of Civil Procedure rule 13(a) and was thus barred in state court by res judicata ( Paramount Pictures Corp. v. … Although the plurality reaches its judgment after what is ostensibly a "federal res judicata" analysis, it mirrors the analysis under our state law and leads to the same conclusion: Paramount's claim is clearly part of the

Jaques v. Trustees of the Methodist Episcopal Church

17 Johns. 548 · Court for the Trial of Impeachments and Correction of Errors · Jan 15, 1820

Jaques, which professed,'also, to be made under the power reserved by that deed, the appointment of her husband as one of her executors, and his qualifying and acting as such executor, are decisive proofs, as regards him, … The cases, in my apprehension, are clearly opposed to this distinction; and I am entirely satisfied, that the established rule in equity is, that when a feme covert, having separate property, enters into an agreement, and

McBride v. Clayton

166 S.W.2d 125 · Texas Commission of Appeals · Dec 2, 1942

Inc., a continued existence for as long as three years after the surrender of its charter, it clearly could not be so continued to purchase and sell goods, wares and merchandise and to transact a general retail mercantile … Its qualified existence was in the nature of an administration of its estate, with all its corporate rights fixed and determined as of the date of its dissolution. Crease v. Babcock, 23 Pick., Mass. 334, 34 Am.Dec. 61.

In re the Estate of Hayden

172 Misc. 669 · New York Surrogate's Court · Nov 17, 1939

He is a keen and shrewd business man of long experience and particularly qualified in the handling of large financial transactions. … No such conduct on the part of the trustees has been established here.

Smith v. Carolina Dairies

North Carolina Industrial Commission · Apr 1, 1998

Plaintiff was clearly symptomatic during his employment with defendant-employer. Working in the cold of the freezer room precipitated symptoms of pain and numbness in his hands and achiness of his joints and muscles. … No etiology for these conditions was established by the evidence.

Jones v. Louisiana Western Ry. Co.

243 S.W. 976 · Texas Commission of Appeals · Oct 4, 1922

The laws of the state of Louisiana were proved by depositions of practicing lawyers of that state, who qualified as capable of speaking concerning the same. … They had all the facts before them, and the law to be applied thereto was clearly and correctly given them in charge by the court.

Jantzen, Giuseppin Nina & Matthew D. v. Green Township

New Jersey Tax Court · May 31, 2023

Green provided no evidence to suggest that Taxpayers qualify as “sophisticated taxpayers” within the meaning of Venture 17 and Davis & Assocs., L.L.C., and the papers submitted by counsel for Taxpayers specifically refutes … Clearly Ms. Hardie’s email indicates that it was CoreLogic that reached out to the Tax Collector, not the other way around.

State ex rel. Dann v. Nacional

2011 Ohio 2818 · Ohio Court of Claims · May 20, 2011

As such, Tanasa is required by R.C. 1346.02 either to participate in a 1998 Master Settlement Agreement (MSA) or to make deposits into a “qualified escrow fund” (escrow fund). … The settlement agreement clearly requires payment of the “proper 2003 escrow” amount “no later than April 15, 2004.”

Scharbauer v. Lampasas County

235 S.W. 533 · Texas Commission of Appeals · Nov 30, 1921

A. 866, a case decided by the Court of Appeals of this state, is clearly distinguishable from this case on the facts. … It is stated in section 234, yol. 1, of the Seventh edition of Cook on Corporations, that the great weight of authority has clearly established the rule that, where a supposed corporation is doing business as a de facto corporation

Tippecanoe County Assessor v. D and J Black Second Limited Partnership

Indiana Tax Court · Oct 17, 2025

Nonetheless, the Court also noted that a non-attorney’s expertise in the assessment process does not make them qualified in the practice of law, specifically referencing constitutional claims as a type of issue that qualifies … Some of Grossman’s claims appear to be constitutional in nature and clearly constitute the practice of law.

Tippecanoe County Assessor v. Olav Lund-Mikkelsen

Indiana Tax Court · Oct 17, 2025

Nonetheless, the Court also noted that a non-attorney’s expertise in the assessment process does not make them qualified in the practice of law, specifically referencing constitutional claims as a type of issue that qualifies … Some of Grossman’s claims appear to be constitutional in nature and clearly constitute the practice of law.

Tippecanoe County Assessor v. Terry S & Jane C Stewart TTEES

Indiana Tax Court · Oct 17, 2025

Nonetheless, the Court also noted that a non-attorney’s expertise in the assessment process does not make them qualified in the practice of law, specifically referencing constitutional claims as a type of issue that qualifies … Some of Grossman’s claims appear to be constitutional in nature and clearly constitute the practice of law.