Case law

Clayton Bros. v. Littlefield

244 S.W. 509 · Texas Commission of Appeals · Nov 1, 1922

In support of their allegations of damages, they .offered proof by witnesses, qualified as experienced cowmen, as to the injury or diminished value to a herd of calves, as the result of being “topped.” … It was established on the trial that the machinery furnished was inferior and of less value than that contracted for.

Praxair, Inc. v. Airgas, Inc.

2000 NCBC 10 · North Carolina Business Court · Aug 14, 2000

In order to admit expert testimony under Rule 702, the proponent must establish that the witness is qualified to testify as an expert on the subject about which the testimony is offered. See State v. … Defendants do not argue that Professor Donaldson’s testimony is irrelevant, as it clearly goes to the central issue in this case.

Opinion No. 71-261 (1971) Ag

Oklahoma Attorney General Reports · Jul 1, 1971

Since the Office of Community Affairs and Planning is a statutory body established by Ch. 41, 74 O.S. … In this case, the disbursing agency, the Office of Community Affairs and Planning, is a statutory body clearly within the contemplation of the language of 74 O.S. 500 .14 [ 74-500.14 ] (1961), supra.

Ramos v. Wright

90 Misc. 2d 419 · Civil Court of the City of New York · May 31, 1977

The court clearly is of the opinion that plaintiff failed to establish a prima facie case, as a matter of law, in order to qualify for benefits for conscious pain and suffering. … He failed to establish a "serious injury” under section 671 (subd 4, par [a]) of the Insurance Law.

Board of Publications of Methodist Church v. State Tax Commission

1 Or. Tax 413 · Oregon Tax Court · Jul 8, 1963

. *417 PARTIES’ CONTENTIONS Under the commission’s regulation, Reg. 7.080(4), upon which the commission relied in denying the exemption, the plaintiff clearly is not exempt because one of its primary purposes is to finance … To establish its religious character under the tax laws, the plaintiff cites and relies upon a long line of federal decisions interpreting federal statutory language substantially identical to that of ORS 317.080(4).

Opinion No. 76-392 (1977) Ag

Oklahoma Attorney General Reports · Jan 28, 1977

If a school district qualifies under the rules and regulations which the State Board of Education is hereby authorized to promulgate, such district shall be allocated Six Thousand Dollars ($6,000.00) per pro gram. … This provision clearly provides that local school districts, subject to the respective rules and regulations promulgated by the State Board of Education, may apply for and receive a $6,000.00 grant (per program) for: (1)

In re the Estate of Galewitz

3 Misc. 2d 197 · New York Surrogate's Court · Dec 9, 1955

Upon the proof adduced at the hearing devoted to this matter, the court finds overwhelming and uncontradicted evidence to establish the fact that he died a resident of this State, and so holds. … As he said: “ Clearly it makes no sense to charge the entire year’s burden of income taxes to the income of the last month preceding termination of the taxable year.

Fort Wayne National Corp. v. Indiana Department of State Revenue

621 N.E.2d 668 · Indiana Tax Court · Sep 8, 1993

The FIT is a replacement tax, covering the same subject matter as previous taxes within the original GES, and existing in a long established format, i.e., a "measured by" tax, which also lay within the original GES. … Although an administrative agency may perform acts that fall within the meaning of "law" as the word is used in the Contract Clause, only those acts which are legislative in nature will qualify.

Stevens v. Galveston, H. & S. A. Ry. Co.

212 S.W. 639 · Texas Commission of Appeals · Jun 11, 1919

by the great weight of authority. [7-9] Other well-established rules of construction are thus expressed in Cartwright v. … Clearly, such would be true if the grantee were a private individual, and not a railway- company.

Linfoot v. Department of Revenue

4 Or. Tax 489 · Oregon Tax Court · Jul 27, 1971

It is clearly of minimal present utility. As has been said, the intention of the legislature is to shield bona fide farm operations from higher valuation “attributable to urban influences or speculative purchases.” … The policy established by the legislature is buttressed by such a conclusion.

In re the Accounting of Loucks

187 Misc. 489 · New York Surrogate's Court · May 24, 1946

Loucks, was duly granted letters of administration c.t.a. and has since the date of same, viz., July 9,1942, up to and including the present time, been, and now is the duly qualified and acting administratrix c.t.a. herein … To do otherwise would be to do violence to his clearly expressed direction. The expression “ then living ” is one of frequent employment in relation to future interests.

In re the Accounting of Lawyers Trust Co.

182 Misc. 845 · New York Surrogate's Court · Dec 20, 1943

The present account states that Lawyers Title and Guaranty Company owned all the stock, except qualifying shares, of the substituted trustee at the time of the acquisition of such certificates and it is conceded that they … trust, must be clearly shown, are still unquestionably the law, for the rule there formulated was indirectly approved in City Bank Farmers Trust Co. v.

Hampton v. Ingles Markets, Inc.

North Carolina Industrial Commission · Feb 6, 2002

Godwin's testimony does not establish the increased risk element required for an occupational disease under Section 97-53 (13). Dr. … Godwin's testimony concerning causation, viewed in its context, is clearly speculation and thereby is does not constitute competent evidence in support of plaintiff's claim. Young v.

Opinion No. (2003)

Oklahoma Attorney General Reports · Jan 31, 2003

Clearly, except for special provisions in Article IX of the Oklahoma Constitution, 12 the Legislature is without power to amend the Constitution. … by reason of the failure to continue to qualify.

Thorsness v. Porter County Assessor

3 N.E.3d 49 · Indiana Tax Court · Jan 23, 2014

demonstrate to the Court that the Indiana Board's final determination is: (1) arbitrary, capricious, an abuse of dis-eretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Indiana Code § 6-1.1-15-1(p) clearly states that when an assessment increases by more than 5% from one year to the next, an assessor "has the burden of proving that the assessment is correct."

People v. Miller

84 Misc. 2d 310 · Criminal Court of the City of New York · Nov 10, 1975

DISCUSSION Two concededly qualified psychiatrists, one of whom is the Director of the Bronx-Lebanon Mental Health Center, with particularly impressive qualifications, testified for the People. They were in agreement. … Defense reliance upon People v Swallow ( 60 Misc 2d 171 , supra) is clearly misplaced.

John E. Sparre v. St. Joseph County Assessor

Indiana Tax Court · Aug 22, 2024

The Court declines, however, to develop a due process argument on Sparre’s behalf when he has not clearly done so. See Ciceu v. Knox Cnty. Assessor, 232 N.E.3d 662, 665 (Ind. … CODE § 6-1.1-31-6 (2019) (establishing guidelines for the assessment of real property and clarifying that true tax value does not equate to fair market value).

In re the Estate of Thron

139 Misc. 2d 1045 · New York Surrogate's Court · Jun 2, 1988

The primary executor renounced and both of the alternates, who are the sole partners of their law firm, qualified as coexecutors of the estate. … The factors to be considered in the fixation of a legal fee are well established (Matter of Freeman, 34 NY2d 1, 9 ; Matter of Potts, 213 App Div 59 , affd 241 NY 593 ).

Country-Wide Insurance v. Frolich

119 Misc. 2d 1089 · Civil Court of the City of New York · Jun 29, 1983

It is not provided or implied anywhere in the law that the fact that the moneys were paid, allegedly by mistake, should prevent this arbitration, unless a waiver of the claimant’s *1092 option is established. … Thus health service arbitration is also clearly intended to provide for determinations of health service fees by persons uniquely qualified to make these determinations.

Opinion No. 68-234 (1968) Ag

Oklahoma Attorney General Reports · Aug 29, 1968

in the instant case, is to participate in the financing of this integrated turkey project, provided it is not legally prevented from so doing because of the fact that one phase of the project, if taken alone, might not qualify … established by an industrial development agency in Oklahoma."