Case law

Opinion No. (1990)

Oklahoma Attorney General Reports · Mar 13, 1990

WHILE THE BOARD UNDER ARTICLE II, SECTION 7 OF THE SOCIETY'S BY-LAWS, IS CLEARLY REQUIRED TO HAVE AN ORGANIZATIONAL MEETING FOLLOWING ITS ANNUAL MEETING, THE REQUIREMENT THAT THE ORGANIZATION MEETING BE HELD IN THE BOARD … WHEN ANY OFFICE SHALL BECOME VACANT, HE SHALL, UNLESS OTHERWISE PROVIDED BY LAW, APPOINT A PERSON TO FILL SUCH VACANCY, WHO SHALL CONTINUE IN OFFICE UNTIL A SUCCESSOR SHALL HAVE BEEN DULY ELECTED OR APPOINTED, AND QUALIFIED

In re the Estate of Clark

136 Misc. 459 · New York Surrogate's Court · Feb 28, 1930

These sections are aimed at the original grant of letters and qualification of trustees, but after letters are issued or a trustee qualifies a wholly different situation prevails. … It clearly anticipated that a condition might exist or a situation arise where it would not be advisable to revoke letters issued to or remove from office a fiduciary, notwithstanding the provisions of section 94.

Glob. Textile All., Inc. v. Tdi Worldwide, LLC

2018 NCBC 54 · North Carolina Business Court · Jun 5, 2018

The burden is on the party invoking jurisdiction to establish standing. Marriot v. Chatham Cty., 187 N.C. App. 491, 494, 654 S.E.2d 13, 16 (2007). … The doctrine of intra-corporate immunity is not applicable to these allegations. 51.

Beach v. President of the Fulton Bank

2 Wend. 225 · Court for the Trial of Impeachments and Correction of Errors · Apr 6, 1829

Is there a description of interlocutory orders of the court of chancery clearly defined by the decisions of this court, from which no appeal lies, embracing the order appealed from in this case % and 2. … Efforts have been frequently made to establish the line of distinction between the two classes of orders.

Claremont Health Systems, Inc. v. Borough of Point Pleasant

16 N.J. Tax 604 · New Jersey Tax Court · Aug 26, 1997

Seller is not selling and Buyer is not purchasing: (I) the parcel of real property described in Exhibit 1.01A attached hereto and together with all easements, tenements, hereditaments, appurtenances, rights, privileges, immunities … Both plaintiff and defendant agree that, in order to qualify for exemption, plaintiff must “own” the building for which it claims exemption.

In re Ciena

10 Misc. 2d 576 · New York Court of Claims · Mar 14, 1958

and any other doctor qualified to interpret the mental aberrations of the subject. … It is well established that a person who has not been adjudged incompetent may sue or be sued, whether or not he is an inmate of a mental institution {Matter of Frank, supra).

Allstate Insurance v. City of New York

15 Misc. 3d 450 · Civil Court of the City of New York · Feb 8, 2007

Plaintiff contends that the rear-end collision in this matter establishes a prima facie case of negligence. … Vehicle and Traffic Law § 1104 grants a driver of an authorized emergency vehicle — here, the police car — a qualified privilege to disregard the ordinary rules of prudent and responsible driving, subject to a “reckless disregard

Procacci Brothers Sales Corporation v. Director, Division of Taxation

New Jersey Tax Court · May 27, 2021

immunity granted by § 381. … In order to qualify as a seller of produce in the United States, a corporation must satisfy the requirements of PACA.

Opinion No. (1999)

Oklahoma Attorney General Reports · Jun 15, 1999

Specifically, Article XVIII, § 5(a) provides: No municipal corporation shall ever grant, extend, or renew a franchise, without the approval of a majority of the qualified electors residing within its corporate limits, who … Thus, no right or privilege passes through the grant of a franchise by a municipality unless it is clearly stated or necessarily implied. Blair v.

Caylor-Nickel Clinic, P.C. v. Indiana Department of State Revenue

569 N.E.2d 765 · Indiana Tax Court · Apr 4, 1991

Caylor-Nickel asserts (1) the plain language of IC 6-2.1-3-24.5 requires nothing more than to meet the terms of IC 6-2.1-3-24.5(a), (b), *769 and (c) to qualify for exemption, (2) the legislature specifically qualified the … Consequently, a taxpayer failing to meet this burden, not qualifying for exemption, is subject to assessment.

Lorenzo v. Director

14 N.J. Tax 577 · New Jersey Tax Court · Apr 7, 1995

Lovejoy could not qualify as a minority owner; Lorenzo could. … Clearly Lorenzo had authority to hire and fire employees. In fact he only hired and fired laborers.

DuBois v. Director, Division of Taxation

4 N.J. Tax 11 · New Jersey Tax Court · Dec 18, 1981

The court found that “[t]he term ‘realized’ has for a very long time had a well-established connotation. … This test, however, is clearly inapplicable here.

Barnum v. Department of Revenue

5 Or. Tax 508 · Oregon Tax Court · May 3, 1974

Subsequently, the mother and daughter established a close personal relationship long after the adoptive parents had died. … "What is needed is not a reiteration of established principles but rather a definition of “unambiguous” for application in the present case.

In re the Estate of Hanrette

140 Misc. 832 · New York Surrogate's Court · Jul 20, 1931

Hanrette by the surrogate of Livingston county February 24, 1925, and qualified and letters are still in full force. … Y. 257 ) the court laid down the law as follows: “ The duty of executors clearly does not permit them merely by allowing or paying claims against the estate without regard to their character to shift the burden of proof upon

In re Jeffrey's Estate

137 N.Y.S. 168 · New York Surrogate's Court · May 27, 1912

The father was named as executor, and qualified, and has been acting as such. … This principle is clearly established both in England and in America, and the strict rule of the common law regarded the parent as without legal right to reimbursement for his outlay in this direction.

In re the Will of Hohn

180 Misc. 384 · New York Surrogate's Court · Jan 28, 1943

In Matter of Sizer, supra, the rule was clearly expressed by Mr. … If the corporation is qualified to take, the bequest may be required to be paid to the Alien Property Custodian.

Slater v. Holmdel Township

20 N.J. Tax 8 · New Jersey Tax Court · Jan 9, 2002

Standing with regal’d to tax appeals was established by the Legislature in N.J.S.A. 54:3-21. … This was clearly the situation with regard to the Slaters. Since Mr.

In re the Judicial Settlement of the Estate of Warner

3 Mills Surr. 349 · New York Surrogate's Court · Dec 15, 1902

Horace Bennett, a brother, and Susan Smith, a sister of deceased, qualified as executors, and on the 28th day of September, 1898, filed an inventory of the personal estate of deceased, which showed furniture, etc., of the … The evidence wholly fails to establish this claim and the same is therefore disallowed.

Chris Bougie v. Kosciusko County Assessor

Indiana Tax Court · Sep 18, 2024

has been prejudiced by a final determination of the Indiana Board that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity … A reviewing court may overturn a decision for lack of substantial evidence only if the agency’s conclusions are shown to be clearly erroneous given all the evidence. Moriarity v. Indiana Dep’t Nat.

In re Letters of Administration Upon the Goods

8 Mills Surr. 399 · New York Surrogate's Court · Oct 15, 1911

with established usage as modified by statutory enactment. … Y. 74 , where I think I find clearly expressed adumbrations of the doctrine which I believe to be the true one.