Case law

Guthrie v. Food Lion, Incorporated

North Carolina Industrial Commission · Apr 3, 1998

The Plaintiff's inability to earn wages following April 26, 1990 was clearly due to his compensable injury. The Plaintiff's inability to earn wages following April 26, 1990 was clearly due to his injury. … It is long and well established that once a disability has been determined it is presumed to continue until the plaintiff returns to work. As long ago as Tucker v.

Harvey Chalmers & Son, Inc. v. State

187 Misc. 880 · New York Court of Claims · Oct 29, 1946

The paper filed was clearly a notice of intention to file a claim and not a claim, and the filing of said paper cannot be construed as the commencement of the action. … If, as claimed, the liability of the State was established in Mohawk Carpet Mills v. State of New York ( 267 App. Div. 707 , affd. 296 N. Y. 609 ) claimant’s recourse is to the Legislature.

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 ).

Cherry Hill Industrial Properties v. Voorhees Tp.

3 N.J. Tax 63 · New Jersey Tax Court · Jul 14, 1981

Since the farmland assessments were granted for the subject properties for the tax years 1977 and 1978, there is a presumption that all of the requirements of the act to qualify for a farmland assessment had been met. … The two omitted assessment statutes, supra, clearly require that a specific property be omitted, i. e., left out, not mentioned.

State v. Philip Morris USA, Inc.

2006 NCBC 22 · North Carolina Business Court · Dec 4, 2006

1) the present dispute between the State of North Carolina and the tobacco companies is arbitrable under the plain language of the Master Settlement Agreement, (2) the courts of North Carolina and the United States have established … The NPM Adjustment is clearly an adjustment “described in subsection IX(j),” and “any dispute” concerning the NPM Adjustment is subject to arbitration under section XI(c).

Opinion No. (1995)

Oklahoma Attorney General Reports · Mar 24, 1995

Counties obtain the authority to establish county hospitals under the provisions of 19 O.S. 1991 , §§ 781-796[19-781-796]. … Likewise it is clear that from the three, two are qualified to be a lessee, i.e., a charitable nonprofit organization and a public trust where the county is the beneficiary.

Home Depot U.S.A., Inc. v. Indiana Department of State Revenue

891 N.E.2d 187 · Indiana Tax Court · Jul 28, 2008

The issue in this case is whether, during the period at issue, Home Depot qualified for this deduction. … The Court notes, however, that Home Depot’s designated evidence does not clearly establish this proposition. (Cf. Pet’r Designated Evid.

Berkley Arms Apartment Corp. v. Hackensack City

6 N.J. Tax 260 · New Jersey Tax Court · Dec 15, 1983

The proofs clearly established that the structure was of fireproof construction, was 78 feet in height and was 26-years of age as of the assessment date. … The 46% figure was obviously an estimate in view of the fact that only 38 tenants had qualified as of the assessment date.

USA Trouser, S.A. De C v. v. Williams

2016 NCBC 54 · North Carolina Business Court · Jul 21, 2016

However, the doctrine of intracorporate immunity, which is well established in North Carolina law, generally prohibits making a conspiracy claim against a corporation and its agents because “claiming that a corporation has … The Court concludes that the doctrine of intracorporate immunity bars claims based on the first category of allegations.

In re the Administration upon the Estate of Terwilliger

7 Mills Surr. 184 · New York Surrogate's Court · May 15, 1909

These two documents, to my mind, point clearly to the conclusion that decedent considtred Letitia 'his wife and Iris his lawful son, and desired the world to so understand and consider their relations as man and wife from … Teats as administrators, and revoking their letters, and appointing Letitia Terwilliger administratrix upon her duly qualifying as such. Decreed accordingly.

People v. Suarez

51 Misc. 3d 620 · Criminal Court of the City of New York · Feb 1, 2016

These judicially noticed facts clearly make out a prima facie case of bail jumping in the third degree under Penal Law § 215.55. D. … The DCJS is under a statutory duty to establish and maintain “a central data facility with a communication network serving qualified agencies anywhere in the state, so that they may . . . contribute information and . . .

Rogers v. Lancaster

248 S.W. 660 · Texas Commission of Appeals · Mar 7, 1923

The court, over the objection of the receivers, held the witness qualified to testify on the subject of the market value of said mules at Chillicothe. … The market value of staple articles of commerce in large markets may be shown by daily sales of the same kind and character of property, and thus established with approximate certainty.

Reed v. State

129 Misc. 2d 517 · New York Court of Claims · Dec 12, 1985

That act broadened the waiver of immunity from liability created by Court of Claims §§ 8 and 8-a; and also amended Court of Claims Act § 9 (3-a). … At best, defense counsel’s reasoning in this respect was specious and clearly without merit. It is rejected by this court.

Heiller v. Department of Revenue

14 Or. Tax 207 · Oregon Tax Court · Jul 1, 1997

The statutes are strictly construed and the applicant must bring itself clearly within the exemption. Bd. Pub., Meth. Church v. Tax Com., 239 Or 65, 68-69 , 396 P2d 212 (1964). … In addition, plaintiff no longer has the necessary standing to appeal any denial of a property tax exemption for the subject property because the evidence established that the property is now owned by Bruin Nature Conservancy

Buras v. Department of Revenue

17 Or. Tax 282 · Oregon Tax Court · Jan 26, 2004

Application of income to charitable purposes may result in a tax benefit, but only where the donee is a qualified charity and the donor itemizes deductions. … Taxpayer’s statutory claims are based on federal statutes that clearly do not apply. That could have been established with a brief visit to a competent tax attorney.

Fitzgerald v. State

6 Misc. 2d 492 · New York Court of Claims · Jul 19, 1957

Thus the history of these pertinent statutory provisions establishes that the Legislature has never indicated an intention to extend any right to an examination by the Attorney-General to an appropriation claim except on … The deliberate use of the words *499 “notice of claim” in subdivision 1 of section 17 after those words had clearly referred to a notice of intention to file a claim from the time of adoption in 1915, can only indicate an

McBride v. City of Jersey City

19 N.J. Misc. 637 · New Jersey Tax Court · Nov 18, 1941

Petitioner qualified as executrix and the respondent’s assessing authorities made a personal property assessment against the estate in her hands, for the year 1939, in the amount of $12,400. … It would clearly appear that the present ease is an a fortiori situation, and that the assessment must be sustained if the property was actually subject to taxation, as of October 1st, 1938.

Leonard v. Territory

2 Wash. Terr. 381 · Washington Territory · Jul 15, 1885

How this oath can be held bad, we do not see, unless the words “ as given them on the trial,” are to be regarded as qualifying the word ■‘•evidence ” only. … Judged by the ordinary rules of speech, it .should be understood to qualify the whole phrase “ the law and the evidence.”

Sowell v. Griffith

294 S.W. 521 · Texas Commission of Appeals · May 4, 1927

water commissioners, board of school trustees, and the corporation court, with such functions and powers as” are conferred therein; that the' board of water commissioners shall be composed of five persons elected by the qualified … We think the city of Cleburne has in its charter clearly designated the board of water commissioners as the agency through which it should act in contracting for the purchase of this machinery.

Rosalie Ridge LLC v. Dept. of Rev.

21 Or. Tax 434 · Oregon Tax Court · Jul 24, 2014

But in order to establish this predominant purpose, the county relies almost exclusively on the period following the transfer of the subject property from Lillian Logan to taxpayer. … The court heard testimony at trial from Daniel Logan and from Ken Everett, another witness qualified as an expert in forestry.