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All Reporters → ne2d → Volume 229

Opinions in ne2d Volume 229

delivered the opinion of the court. On May 28, 1965, one Jerry Brown received a loan from the plaintiff Bank in order to purchase a Chevrolet automobile from the defendant agency. Brown signed a note and security agreement and deposited same with the plaintiff. Thereupon, the plaintiff credited Brown’s account with the amount in question and Brown made and delivered his check to the defendant agen...
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delivered the opinion of the court. On August 18, 1964, the plaintiff Bank agreed to lend one David Stanley money for the purchase of a Chevrolet automobile from the defendant’s automobile agency. The plaintiff prepared its draft payable to defendant agency and stamped on the front and back of the draft the notation that a security interest lien in the amount due was to be recorded on the tit...
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This cause originated as a result of the issuance of three traffic tickets citing Eugene Forest Miner for driving with a revoked driver’s license, for disobeying a stop sign, and for operating a motor vehicle while under the influence of intoxicating beverages. Defendant moved for a preliminary hearing. The People filed a verified complaint but refused to participate in a preliminary hearing. The ...
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delivered the opinion of the court. This is an appeal from the Circuit Court of Lake County, wherein the appellants filed a Complaint for specific performance of an oral contract for the purchase of real estate. The defendant filed a Motion to Dismiss the Complaint under section 48, chapter 110, Illinois Revised Statutes, stating that the claim and demand, asserted in the Complaint, was unenfor...
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delivered the opinion of the court. The defendant was tried before a magistrate on a misdemeanor charge (Ill Rev Stats 1965, c 38, § 12-3), found guilty and sentenced to the Illinois State Farm at Vandalia, Illinois, for a period of ninety days. Motions in arrest of judgment and for a new trial were denied. It is from the orders denying these motions that the defendant appeals. The co...
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These cases have been consolidated and involve appeals from judgments of the Circuit Court of Madison County denying the plaintiff-appellant’s motion for a rehearing on an order that she deliver custody of her two minor children, born of her marriage with defendant-appellee, to him and finding her in contempt for refusing to comply with the order. On March 14, 1962, the plaintiff was grant...
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On June 14, 1965, the Board of Supervisors of Orange County promulgated rules for the use of the courthouses in Goshen and Newburgh for other than judicial purposes. Insofar as relevant, the buildings were made available for such use only by “ political parties, as defined in section 2(4) of the Election Law” — which defines a “ party” as “ any political organization which at the last preceding el...
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After a careful review of the evidence, we have concluded that the charges of professional misconduct against appellants have not been proved as matter of law with the exception of specification 7F. This specification charges that appellants accepted referrals of clients from tow car operators, automobile repair and service station operators, insurance brokers, doctors and others and thereby btirr...
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Plaintiff is the exclusive distributor of Carstairs whiskey and Wolfschmidt vodka. The threshold problem in affirming the Feld-Crawford Act (General Business Law, § 369-a et seq.) injunction prohibiting the retailing by defendant of these branded liquors at less than the prices fixed by the distiller (or its distributor) is that the injunction takes no account of the fundamental chan...
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This action involves a dispute between local property owners concerning the location of a portion of the route to be traversed by the construction of a new State highway Avhich will form part of Route 117. The map in evidence shows that, regardless of Avho wins this lawsuit, the new highway will pass through the area described as “Family Estate” at Pocantico Hills, near Tarrytown, the litigated p...
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Defendant Robert Smolack owned a 1960 Triumph station wagon which he suggested his brother Arthur Smolack drive with Arthur’s family from New York to Florida in April, 1960. On the way back to New York from Florida an accident occurred in North Carolina while Arthur was driving in which Arthur’s wife was killed and his two children were injured. This is an action by the administrator of the wife a...
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The Trial Commissioner cleared appellant of each of the charges against him. The only one which remains for our consideration is Specification 7, of which he was acquitted by the Trial Commissioner but found guilty by the Police Commissioner, which is that, without corrupt motive, Lieutenant Kelly “ off duty and in civilian clothes, acting in concert with Patrolman Flynn mentioned in Specification...
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Crestview Chemists, Inc. (hereafter called Crestview) rents a pharmacy in a shopping center from its coplaintiff Cord Meyer Development Co., Inc. (hereafter called Cord Meyer) in Bayside, Queens. It is located in a commercially zoned area. Defendant Bell Bay Drugs, Inc. (hereafter called Bell Bay) rents space used as a pharmacy in a nearby professional medical building from defendant 212-26 Rea...
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Order affirmed, without costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, with costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan and Keating. Taking no part: Judge Breitel....
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Judgment affirmed; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Judgment affirmed; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, with costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, without costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan and Keating. Taking no part: Judge Breitel....
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Ordered affirmed, without costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, without costs; no opinion. Concur: Judges Van Voorhis, Scileppi, Bergan, Keating and Breitel. Chief Judge Fuld and Judge Burke dissent and vote to reverse upon the dissenting memorandum at the Appellate Division....
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Judgment affirmed, with costs to plaintiff against defendant Long Island Lighting Company and with costs to each *668third-party respondent against the corresponding third-party appellant; no opinion. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating and Breitel. Judge Van Voorhis dissents, in part, and votes to reverse and to dismiss the complaint as to defendant Tanwood upon t...
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Order affirmed, with costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Judgment reversed and case remitted to the Supreme Court, New York County, for a hearing on the motion to suppress for the following reasons: Where, as here, defendant’s affidavit in support of his motion to suppress satisfies however meagerly the standards set down in rule IV (subd. 3, par. [h]) of Part 2 of the Buies of the Supreme Court, Bronx and New York *671Counties, section 813-c of the Cod...
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*673■ In the first above-entitled proceeding: Order affirmed, without costs; no opinion. In the second above-entitled proceeding: Order affirmed, without costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, without costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Judgment affirmed; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan and Keating. Taking no part: Judge Breitel....
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Judgment affirmed; no opinion. Concur: Judges Van Voorhis, Burke, Scileppi, Bregan and Breitel. Chief Judge Fuld and Judge Keating disssent and vote to reverse and to dismiss the information upon the ground that defendant’s guilt was not established beyond a reasonable doubt....
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This is an appeal by the Administrator of the Bureau of Workmen's Compensation from a judgment of the Common Pleas Court of Allen County determining that the plaintiff, appellee herein, is entitled as the widow of one Charles Hamilton to participate in the State Insurance Fund, which judgment was entered by that court on her appeal tried to the court (a jury having been waived) from a decision of ...
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This is an action of tort to recover compensation for damages alleged to have been sustained by the plaintiff, Dorothy H. Markese, on March 9, 1960, through the negligent operation of a motor vehicle owned and driven by the defendant Robert Ellis. Because of circumstances, later to be stated, Hartford Accident and Indemnity Company was made a defendant to the action in its capacity as an insurer ...
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The plaintiff commenced this litigation by filing an application for death benefits with the Bureau of Workmen’s Compensation. The application was denied by the administrator on March 25, 1964. An appeal was taken from this *171 decision to the Cleveland Regional Board of Review, which board affirmed the decision of the administrator, whereupon appeal was taken to the Industrial Co...
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In this case, we are asked to reverse and set aside a state of Ohio conviction of the appellant, John Palfy, Jr., for the crime of murder in the first degree. Pursuant to indictment by a grand jury, and a plea of not guilty thereto, the accused, with the advice of counsel, duly waived a trial by jury and, under the statutes extant, stood trial before a panel of three Judges of the Court of Common ...
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Richard Holderle, plaintiff, appellee herein, filed an action in the Common Pleas Court, Division of Domestic Relations, Franklin County, praying for a divorce, custody of minor children, and for full title in real and personal property. Eileen Holderle, defendant, appellant herein, filed an answer and cross-petition in which she prayed for a divorce, alimony and support money, and other proper re...
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Relators are seeking a writ of mandamus commanding the respondent, Board of County Commissioners, to disregard all bids submitted for the construction of two incinerator plants. Relators allege that the plans and specifications prepared and distributed to contractors for bids are illegal. This matter is before the court on respondent's demurrer to the petition on the grounds (1) that relators lack...
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This is an appeal from an order of the Probate Court of Franklin County making an election for an incompetent surviving spouse under the provisions of Section 2107.45, Revised Code. The appellant is the guardian of Alice J. Strauch. The will of John Henry Strauch, deceased, was admitted to probate, and on August 4, 1965, the executor was appointed. On September 3, 1965, an application for and entr...
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This is an appeal on questions of law from a judgment of the Court of Common Pleas of Montgomery County wherein a motion by the defendant for judgment notwithstanding the verdict was sustained and a verdict for the plaintiff in the sum of $30,000 was set aside. The facts disclose that the plaintiff, James Culp, along with one William Everett, entered the defendant's store on August 17, 1960, at ap...
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Defendant, appellant herein, was convicted in the Municipal Court of Springfield upon a charge made by affidavit, "* * * that on or about the 7th day of November, 1965, at the County of Clark one T. M. South, D.V.M., being a veterinarian licensed to practice the profession of veterinary medicine in the State of Ohio, did innoculate a certain dog owned by Herbert E. Merritt of 1571 Mound Street, to...
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This is an appeal from the sustaining of a demurrer to the petition and the dismissal of the action. The petition alleges that appellants purchased passage on a bus in Selma, Alabama, for transportation to Cincinnati, Ohio. While in transit through Kentucky, the bus collided with another vehicle and appellants were injured. The injury occurred on July 20, 1963. Suit was filed in Franklin County on...
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This is an appeal on questions of law from a judgment of the Dayton Municipal Court. The plaintiff's petition sets forth three causes of action. The trial court found in favor of the defendant as to the first and third causes of action, and entered judgment in favor of the plaintiff in the amount of $1,714 on the second cause of action which was allegedly for rent due under a lease agreement. In t...
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This is an appeal from a decision of the Board of Tax Appeals affirming an assessment made by the Tax Commissioner, which increased the tax valuation of appellant's personal property for the years 1960 and 1961. The appellant, Golden Age Dayton Corporation, manufactures and distributes Pepsi-Cola in the Dayton area and, in connection with this business, owns numerous bottle and cup-type vending ma...
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This is an appeal by the A. E. Asher Co., hereinafter called Asher, from a judgment of the Circuit Court of Saline County, Illinois, in favor of the plaintiff in an action by a subcontractor’s supplier of materials to enforce a lien on public funds due a general contractor. Asher, a Chicago based general contractor, entered into a contract with the Illinois Department of Public Works and Buildi...
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delivered the opinion of the court. This is an appeal from an order entered by the trial court on March 18, 1966, that dismissed plaintiff’s complaint and is concerned primarily with the problems of practice. On March 9, 1962, the plaintiff, Esther Casillas, then a minor of the age of six years, was struck by an automobile operated by the defendant, Orville Rosengren, in the City of Chicago, ...
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delivered the opinion of the court. This is an appeal from an order entered January 12, 1967, on plaintiff’s petition for the modification of a decree for divorce entered on December 11, 1964, which decree granted the custody of Tammy Renee Eggemeyer to plaintiff and that of Donna Jean and Joni Lynn Eggemeyer to defendant, subject to reasonable rights of visitation in plaintiff and defendant. A...
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delivered the opinion of the court. This is an appeal from the Circuit Court of DuPage County wherein the court entered a decree granting the husband-defendant and countercomplainant a divorce and awarding to him custody of the parties’ four minor children. The plaintiff, Betty Wachowski, filed her complaint for divorce against defendant, Paul Wachowski, on April 28, 1966, alleging extreme physica...
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Plaintiff, Howard Waters, filed his complaint in two counts, under the Federal Employers’ Liability Act 1 against the defendant, Chicago & Eastern Illinois Railroad Company, for damages on account of alleged injuries sustained on July 25 and August 22, 1964, when he was employed by Simpson Express & Trucking Company, (hereinafter referred to as Simpson), as a ramp man at the “piggy-b...
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86 Ill. App. 2d 209 (1967) 229 N.E.2d 158 People of the State of Illinois, Plaintiff-Appellee, v. John Wesley Williams, Defendant-Appellant. Gen. No. 10,866. Illinois Appellate Court — Fourth District. August 18, 1967. *210 Albert E. Hurt, Public Defender, of Decatur, for appellant. Basil G. Greanias, State's Attorney of Macon County, of Decatur (J. Daniel King, Assistant State's Attorney, of cou...
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The defendant, Ernest “Ned” Higgins, was indicted by the Jackson County Grand Jury for the offense of involuntary manslaughter. A trial by jury followed. At the close of all the evidence, the People tendered and the court gave the jury forms of verdict for the offense of involuntary manslaughter, aggravated battery and battery. The jury returned a single verdict, finding the defendant guilty of t...
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delivered the opinion of the court. The plaintiffs, residents of Ginger Creek community in Oak Brook, filed an action for an administrative review of the decision of the County Board of School Trustees of Du Page County, herein referred to as the “Board,” which denied their petition for the detachment of territory described therein from certain school districts and its annexation to other district...
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85 Ill. App.2d 129 (1967) 229 N.E.2d 171 Marie Manion, Executor of the Estate of Joseph Thomas Manion, Deceased, Plaintiff-Appellee, v. Brant Oil Company, a Corporation, Defendant-Appellant. Gen. No. 10,805. Illinois Appellate Court — Fourth District. July 5, 1967. Rehearing denied and opinion modified September 6, 1967. *130 Thomas, Mulliken & Mamer, of Champaign (Wallace M. Mulliken and Car...
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Arrested on an information charging him with assaulting his wife with a knife, the defendant was indicted two months later for assault in the second degree. He moved to dismiss the indictment and to transfer the case to the Family Court. His motion was denied and he pleaded guilty to the misdemeanor of assault in the third degree; he received a suspended sentence. His conviction was affirmed by th...
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In this article 78 proceeding, the petitioner seeks.reinstatement as a patrolman in the New York City Police Department, claiming that he was dismissed solely for refusing to waive his privilege against self incrimination and that it was *229unconstitutional for the Police Commissioner to discharge him on that ground. In August of 1965, a New York County Grand Jury was investigating accusations of...
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We are called upon to decide whether the deliberate act of burning an American flag in public as a 1 ‘ protest ’ ’ may be punished as a crime. On June 6, 1966, after hearing on the radio that James Meredith, the civil rights leader, had been shot by a sniper in Mississippi while participating in a civil rights ‘ ‘ march ’ ’, the defendant — a decorated World War II veteran — decided to express his...
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If a defendant has made use of any false or fraudulent representation or pretense in the course of .accomplishing, or in aid of, or in facilitating a theft, evidence thereof may not be received at the trial, unless the indictment dr information charges . such, representation or pretense (Penal Law, § 1290-a). This statute (L. 1950, ch. 149) enacted the principles expressed in the dissenting opinio...
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In these two reapportionment cases, the courts below have struck down as unconstitutional the weighted voting plans which had been proposed to correct the conceded malapportionment of the Boards of Supervisors of Washington and Saratoga Counties. *248In the Washington County case, the plaintiffs are residents, taxpayers and property owners of the Town of Kingsbury and, in the Saratoga County case,...
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Defendant Income Fund Enterprises Corporation, pursuant to section 83 of the General City Law, petitioned the Common Council of the City of Kingston to reclassify its property to permit construction of garden-type apartments. Neighboring property owners protested and, such a protest haying been made, section 83 of the General City Law required a three-fourths vote of the council to pass the amendm...
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Defendant has been convicted of three charges of kidnapping; one of attempted rape, first degree; three charges of assault, second degree, and one charge of attempted assault, second degree. He was sentenced to 40 years to life on one of the kidnapping counts; and to lesser, concurrent terms, on the other charges. A similarity exists between the crimes of which he has been convicted, but each invo...
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(dissenting). The questions at issue are (1) whether the recent decision of this court in People v. De Lucia (15 N Y 2d 294) should be overruled out of hand as wrongly decided, and the minority view made to prevail as expressed in the dissenting opinion therein or, if not, then (2) whether that decision has been overruled on Federal constitutional grounds by the United States Supreme Court in Park...
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The defendant, Domingo Gonzalez, Avas the father of an illegitimate child, who had been surrendered by her mother to the Welfare Department. Gonzalez attempted to obtain custody of his daughter, but the Welfare Department was opposed to this. On the trial of Gonzalez for assault in the second degree, it was testified that he Avent to the office of the Welfare Department and, pointing a gun at a pa...
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Order affirmed, with costs. (See Davis v. Long Is. R. R. Co., 301 N. Y. 450.) No opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Keating and Breitel. Judges Scileppi and Bergan dissent and vote to reverse and to dismiss the complaint upon the ground that no actionable negligence has been established against defendant railroad....
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Order affirmed, without costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bregan, Keating and Breitel....
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Order affirmed, without costs, in a memorandum. The evident purpose of section 149 of the Election Law is to dispense with primary balloting when there is a candidate or slate without opposition. Because of the failure of the only pending designation, the court was empowered under section 330 of the Election Law to make an appropriate order as justice required, namely, to direct the board of elect...
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In the first above-entitled proceeding: Order affirmed, without costs; no opinion. *684In the second above-entitled proceeding: Order affirmed, Avithout costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bregau, Keating and Breitel....
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Order affirmed. The disposition by this court, reported at 14 N Y 2d 83, provided that the case should be “ restored tó the position it occupied just preceding the point — the taking of the plea — at which the section 335-b warning should have been given. This is accomplished by remanding the defendant to the trial court for rearraignment and repleading ” (pp. 87-88). At the point in time to which...
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Order affirmed, with costs; no opinion. Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Keating and Breitel. Judges Van Voorhis and Burke dissent and vote to reverse and to dismiss-the complaint for the reasons stated by the dissenting Justices at the Appellate Division....
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Memorandum. The order of the Appellate Division, affirming a judgment entered on a jury verdict in favor of plaintiffs-respondents Solomon and Keene against defendant-appellant Russo, should be reversed Avith costs and the complaints dismissed. As the facts are not in issue, only a question of larv is presented (Matter of Martin v. Plaut, 293 N. Y. 617, 618; Matter of Christiansen v. Hill Reproduc...
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Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution (Robany Corp. v. Westchester Plaza Assoc., 17 N Y 2d 724; Cohen and Karger, Powers of the New York Court of Appeals, § 40, p. 161)....
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No opinion found. Click here to view source material....
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Motion to dismiss appeal for failure to prosecute denied without prejudice to such action as respondent may deem appropriate under rules I, VI and VII of the Rules of the Court of Appeals....
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This is an appeal by Donald Eugene Steele and Damon Ray Woods from the verdict and the judgment of the Criminal Court of Marion County, Division Number One, by which each of the appellants was convicted of the crime of manslaughter. The indictment which charged the appellants with the offense of first degree murder, pursuant to Burns’ Ind. Stat. Anno., § 10-3401, (1956 Repl.), reads as follows, om...
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This was an action by the State of Indiana in the Hancock Circuit Court charging the appellant with the crime of kidnapping, pursuant to Burns’ Indiana Statutes, § 10-2901 [1956 Repl.]. The case was tried by jury, and upon a verdict of guilty the Court entered judgment and sentenced appellant to a term of life of imprisonment. Count Two of the affidavit, omitting the formal parts, reads as foll...
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This is an appeal on questions of law from a judgment of the Court of Common Pleas of Montgomery County. The facts, as related by the defendants, appellees herein, are apparently undisputed. It appears therefrom that on or about October 6, 1961, Schuyler Champ, the plaintiff, appellant herein, was an employee of General Motors Corporation, Frigidaire Division, in Montgomery County. On June 12, 196...
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353 Mass. 172 (1967) 229 N.E.2d 245 FIRST AGRICULTURAL NATIONAL BANK OF BERKSHIRE COUNTY vs. STATE TAX COMMISSION. Supreme Judicial Court of Massachusetts, Suffolk. March 7, 1967. July 27, 1967. Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ. Ronald H. Kessel (Alex J. McFarland with him) for the plaintiff. David Berman, Assistant Attorney General, for the State Tax Commiss...
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This is a bill in equity to reach and apply the proceeds of a compulsory motor vehicle liability insurance policy to satisfy judgments obtained by the plaintiffs against the defendant William H. Bobichaud. The case was submitted as a case stated. The evidence was not reported. The trial judge entered a decree which directed the defendant American Motorists Insurance Company (American) to pay to t...
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To the Honorable the House of Representatives of the Commonwealth of Massachusetts: The Justices of the Supreme Judicial Court respectfully submit these answers to the questions in an order adopted by the House of Representatives on July 31, 1967, and transmitted to us on August 2. The order recites the pend-ency before the General Court of a bill, House No. 358, a copy of which was transmitted wi...
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Donald E. Landry (Ema Landry) and James J. Connor (indicted as John Doe) were found guilty of murder in the first degree of Eobert W. Davis. There was evidence to show that the crime was committed shortly before 3 a.m. on May 1,1965. The jury recommended that the death penalty not be imposed. William E. Doherty and his wife, Janice M. Doherty, were found guilty of being accessories before the fact...
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delivered the opinion of the court. Albert H. Werner, (Werner) the first attorney for Margaret M. Serio, plaintiff in the trial court, brings this appeal from an order of the Circuit Court of Cook County allowing him $200 in attorney’s fees from the $2,500 attorney’s fees the defendant, Frank J. Serio, was required to pay his wife’s three attorneys. In January, 1965, Werner filed a complaint ...
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delivered the opinion of the court. Defendant appeals in case No. 50,909 from an order of the Circuit Court of Cook County, Divorce Division, requiring him to pay one-half of a medical bill and his wife’s attorney’s fees. In case No. 51,386, he appeals from the Circuit Court’s subsequent order requiring him to pay his wife’s attorney’s fees and costs of defending the appeal in case No. 50,909. The...
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delivered the opinion of the court. On October 16, 1964, plaintiff’s decedent was killed in an intersection collision at Route 47 and Plato Road in Kane County. Plaintiff, as Administrator of the Estate of Charles Raymond Maki, Deceased, filed a three-count complaint, basing her cause of action upon the Wrongful Death Act. (Ill Rev Stats 1965, c 70 §§ 1 and 2.) Count three of her complaint...
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delivered the opinion of the court. This is an appeal from an order adjudging the defendant, Carter Cole, guilty of contempt of court for nonpayment of $4,860 in child support arrearages. The parties were married on October 12, 1946, and divorced on June 29, 1954. By the terms of the divorce decree, entered in favor of plaintiff by stipulation, the plaintiff, mother, was given custody of the ...
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Opinion by Not to be published in full....
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This is an appeal from a judgment of the Circuit Court of Jefferson County, Illinois, dismissing plaintiffs’ complaint for damages. The complaint sought to recover damages from the Superior Oil Company for wrongfully and willfully entering upon, drilling wells, and extracting oil from land claimed to be owned by Samuel 0. Ragsdale. The Superior Oil Company filed a motion to dismiss the complaint f...
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Opinion by Not to be published in full....
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delivered the opinion of the court. This is an appeal by the defendants from a conviction of the crime of attempted robbery. The jury found them guilty as charged by the indictment. They were sentenced to not less than three, nor more than 12 years, in the Illinois State Penitentiary. They contend that they did not receive a fair trial and were not proven guilty beyond all reasonable doubt of a...
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delivered the opinion of the court. Defendant was found guilty and fined for a Village traffic violation. The trial court then ordered the Chief of Police of the Village of Homewood to return to defendant his fingerprints and photographs, which were taken at time of arrest. The Village of Homewood and the Chief of Police appeal. Defendant has filed no brief. The appellants’ contentions and au...
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delivered the opinion of the court. Jeanne Poulos, claimant against the estate of Lou Fushanis, her deceased brother, appeals from an order which dismissed her fifth class claim for $11,870. The record indicates the estate is insolvent. No evidence was offered on behalf of the estate. Lou Fushanis died in Chicago, Illinois, and left surviving him a widow and two children; also, his mother and...
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delivered the opinion of the court. Defendant was found guilty of driving a motor vehicle while under the influence of an intoxicating liquor in violation of section 47 of the Uniform Act Regulating Traffic (Ill Rev Stats 1965, c 95½, § 144). He was fined $100 and costs and prosecutes this appeal on the theory that he was not proven guilty beyond a reasonable doubt. The only evidence produced...
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delivered the opinion of the court. Plaintiffs appeal from a jury verdict and judgment for defendant in their action for personal injuries- and property damage allegedly incurred by them as a result of an intersection collision. On appeal, plaintiffs contend the trial court committed prejudicial error (1) in giving the jury instructions on “imputed negligence” and “right of way,” and (2) in p...
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delivered the opinion of the court. Defendant appeals from a conviction for gambling in violation of section 28-1 (a) (2) of the Criminal Code (Ill Rev Stats 1965, c 38, § 28-1 (a) (2)). He had waived his right to trial by jury and was found guilty by a Magistrate and fined $50. A police officer from the gambling unit obtained a search warrant for the premises at 3001 South Kedzie Avenue, Chi...
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delivered the opinion of the court. In this action plaintiffs alleged that they conveyed a parcel of real estate to defendant, Julian R. Lewis, under a contractual arrangement which they claimed was breached. They prayed that the conveyance be declared a mortgage and the property be reconveyed to them and possession restored to them and for other relief. The cause, after being at issue, wa...
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delivered the opinion of the court. This is an appeal from a judgment of conviction finding the defendant, Sam DeStefano, guilty of conspiring with the intent that the offense of perjury be committed. He was not charged with the offense of perjury. He was fined $1,000 and sentenced to the Illinois State Penitentiary for a term of three to five years. He appealed directly to the Supreme Court an...
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delivered the opinion of the court. This is an appeal from a judgment of the Circuit Court of Cook County granting defendant’s motions for summary judgment, and to dismiss. This action arose out of a fire in a building which is owned by the plaintiffs and is leased to the defendant. On January 23, 1964, defendant’s employee was operating an oxyacetylene torch in defendant’s automobile repair shop....
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On Rehearing delivered the opinion of the court. This is an appeal from a decree denying attorneys’ fees to defendants-appellants, (hereinafter referred to as the assignees), in an action brought to construe a will and to determine the validity of certain assignments executed by one Mary Isabelle Llewellyn, a beneficiary under the will of Silas J. Llewellyn. Issues pertaining to the construction o...
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delivered the opinion of the court. This is an action brought by Lena L. Ziegler, individually and as Administrator of the Estate of Donald E. Ziegler, deceased (her husband), seeking damages for his wrongful death and for funeral expenses. The jury returned a verdict for the defendant, Lucille M. Smith. The trial court entered judgment on the verdict and the plaintiff appealed. The p...
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delivered the opinion of the court. This is an appeal by the counterdefendant, Village of Skokie, (hereinafter referred to as the Village) from the entry below of an order of summary judgment upon the motion and in favor of the counterplaintiffs, John Brooke, George Eisermann, David Brooke, and Chicago Title and Trust Company. This cause originated on June 30,1964, when a group of Sko...
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delivered the opinion of the court. This is an interlocutory appeal from an order of the Circuit Court of Cook County directing the rehabilitation of the defendant Progressive General Insurance Company (hereafter referred to as Progressive). This order was entered first on the 19th day of May 1967 and was reentered as an amended order on the 22nd day of May 1967. The findings upon which they were ...
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delivered the opinion of the court. This is an appeal from a judgment of the Circuit Court of Cook County against the garnishee-appellant in the sum of $3,950 and costs. The original action was brought by Mary Vassel and Jatha Vassel against defendant, Calvin L. Underwood, for personal injuries sustained in an automobile accident. A default judgment was subsequently entered against Underwood in th...
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delivered the opinion of the court. This is an appeal by the def endants-appellants, the Honorable Richard J. Daley, Mayor of Chicago as Local Liquor Control Commissioner, and the Honorable John J. Cashin, Hearing Officer for the Local Liquor Control Commissioner. The appeal is taken from the entry of a judgment on November 15, 1965, by the Circuit Court of Cook County, which judgment reversed,...
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delivered the opinion of the court. This is an appeal from judgments of the Circuit Court of Cook County awarding possession of two Cadillac automobiles to the plaintiff, Humphrey Cadillac and Oldsmobile Co., Inc., hereinafter referred to as Humphrey. Defendants’ theory on this appeal is: (1) That the plaintiff, by its agent and employee, William Warhurst, placed the Cadillac automobiles in the...
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delivered the opinion of the court. Edward Asey, Donna Baker and Michael Parille were jointly indicted for armed robbery. Asey and Baker were tried at the same time but Asey was tried by a jury while Baker was tried by the court. Asey was found guilty and was sentenced to a term of 7 to 15 years in the penitentiary. This appeal is by him alone. He contends: (1) improper evidence was admitted,...
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delivered the opinion of the court. This is an appeal from a judgment of the Circuit Court of Cook County against the University National Bank in the sum of $12,277.66. Judgment was also entered against Georgia Barias in the sum of $15,694.70; she did not appeal. The basis of the judgment against the University National Bank was that the bank as a payor bank under the Uniform Commercial Co...
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delivered the opinion of the court. Plaintiffs are the owner and the contract purchaser of the property in question. Defendant, Village of Skokie, and Intervener, Board of Education, appeal from a decree which adopted (with one modification to be discussed subsequently) the report of a Master, and restrained enforcement by the Village of its zoning ordinance insofar as it applied an “R-2, ...
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delivered the opinion of the court. The defendant, George Lockett, was indicted for the offense of murder, tried by a jury, found guilty of voluntary manslaughter, and was sentenced to serve a term of from 7 to 17 years in the penitentiary. The defendant contends on appeal that his conviction was brought about by the refusal of the trial court to give a defense instruction on the subject of s...
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delivered the opinion of the court. These actions were brought for personal injuries sustained by plaintiffs when they were burned due to an explosion in a concession stand at a church festival. The causes were consolidated for trial. All defendants except the Catholic Bishop of Chicago and Dominick Ponticelli were dismissed out of the case during the trial on motion of plaintiffs. The jury return...
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delivered the opinion of the court. The trial court found Willie Lee Mason guilty of rape and sentenced him to the penitentiary for a term of one to ten years. He contends that his guilt was not proved beyond a reasonable doubt. The prosecutrix, who was temporarily separated from her husband, lived with her four small children on the first floor of an apartment building. There were three apartment...
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delivered the opinion of the court. After a jury trial the defendant, Robert Ellis, was convicted of burglary and robbery and received a sentence for each crime of not less than five nor more than ten years in the penitentiary. The sentences were to run concurrently. Defendant filed a writ of error in the Supreme Court and the case was transferred to this court. Contentions on Appeal 1. Defendant ...
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delivered the opinion of the court. Relator sought to bring a quo warranto proceeding, and appeals from the dismissal of its amended complaint for failure to show a sufficient interest to maintain the action. 1 In 1957, relator was certified by the Illinois Commerce Commission to construct, operate and maintain public sewerage and waterworks in the Village of Buffalo Grove. In...
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delivered the opinion of the court. Four indictments were returned against the defendant, charging him as follows: Indictment No. 61-549 — Armed Robbery Indictment No. 61-550 — Armed Robbery Indictment No. 61-551 — Armed Robbery Indictment No. 61-552 — Assault with intent to Commit Robbery. Defendant pleaded not guilty to the charge in Indictment No. 61-551 and on a jury trial was con...
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delivered the opinion of the court. Plaintiff’s complaint alleged that on February 3, 1965, he had done some painting for defendant in an apartment building in Skokie at an agreed price of $75; that a dispute arose between the parties as to whether there should have been a second coat of paint; that defendant sold the premises and turned over $75 to the new owner with directions to fight it out...
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delivered the opinion of the court. Albert Drink was indicted and convicted for the crime of attempt. He was sentenced to one to six years in the penitentiary. At his trial by the court without a jury the evidence disclosed that Chicago policemen, searching for the robbers of a taxicab driver, observed Drink firing a gun at a window across the street from where he was standing. One of the off...
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delivered the opinion of the court. The jury awarded Rose Schmidt damages in the sum of $6,600 against the Cenacle Convent for injuries she sustained in a fall at the convent. The defendant appeals from a judgment entered on the verdict, alleging that the trial court erred in refusing to grant its motion for a directed verdict and judgment notwithstanding the verdict. On May 1, 1963, ...
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delivered the opinion of the court. The plaintiffs, W. A. Bruce, and L. H. Bruce, individually, and d/b/a Oak Park Food Service, and Freeze Center Corporation, sued to enjoin the defendants, Leonard A. Ferrara, Mid-America Food Service, Inc., and Mary Eggert, from allegedly unfairly competing with plaintiffs in the business of selling home freezers and frozen food, and for an accounting for damage...
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Bernard Rohrlich was convicted, after a trial by jury, of robbery in the first degree, grand larceny in the second degree and assault in the second degree. The judgment of conviction was affirmed by the appellate courts of this State and certiorari was denied by the Supreme Court of the United States. Some six years after his conviction, Rohrlich brought on a petition for a writ of habeas corpus, ...
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While defendant was serving time in Pikers Island Prison in New York City on another charge, the District Attorney of Westchester 'County filed informations charging him with forgery and petit larceny. The Police Justice Court of the Village of North Tarry town accordingly issued warrants for defendant’s arrest. These warrants were in turn lodged with the New York City Department of Correction whi...
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On three occasions in late 1964, each about a month apart, the plaintiff, Charles Fenster, was arrested by the New York City police and charged with violation of subdivision 1 of section 887 of the Code of Criminal Procedure (New York’s vagrancy statute). Fenster was charged under the language of this section with being “ a person who, not having visible means to maintain himself, lives without em...
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In an action for a declaratory judgment, plaintiff St. Lawrence University appeals from an order of the Appellate Division, Third Department. The Theological School of St. Lawrence University discontinued operations in 1965 and plaintiff university instituted this action against defendant, the board of trustees of the Theological School, to determine the disposition of an estimated $1,000,000 in a...
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Plaintiff Rose King, the mortgagee of a bowling alley, and defendant Genevieve Pelkofski, the beneficiary of an inter vivas trust agreement covering the same property, cross-appeal from a judgment entered upon an order of the Appellate Division, Second Department. Plaintiff instituted this action to foreclose her mortgage which secured a loan by plaintiff to defendant Joseph Pelkofski, the owner o...
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Order affirmed for the reasons set forth in People v. Johnson (20 N Y 2d 220), also decided today. No opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, with costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order of Appellate Division reversed and that of County Court reinstated in a memorandum. The order of the Appellate Division should be reversed and that of the County Court reinstated upon the ground that the indictment fails to state facts sufficient to constitute the crimes charged., Sections 1841 and *6961857 of the Penal Law, alleged to have been violated by appellant, apply only to willful n...
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Order reversed, without costs, and matter remanded to the Appellate Division, Second Department, Avith instructions to conduct a hearing in accordance with the ruling in Willner v. Committee on Character (373 U. S. 96) on reasonable notice to appellant containing a plain and concise statement of the particular charges against her on account of which her character and fitness to practice laAV have ...
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Judgment affirmed on the ground that the White Plains police had probable cause to arrest defendant for an attempted robbery in Yonkers, based on the account of the victim himself, and, accordingly, the search of defendant’s person which uncovered a loaded revolver was conducted incidentally to a lawful arrest. No opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, K...
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Order affirmed; no opinion. Concur: Judges Van Voorhis, Burke, Scileppi and Bergan. Chief Judge Fuld and Judge Keating dissent and vote to remand for a hearing (People v. Elfe, 18 N Y 2d 601). Taking no part: Judge Breitel....
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Memobaitdttm. The order appealed from should be affirmed, with costs. The difficulty with the position taken by the dissenting Judges is that the entry upon claimant’s land by the State was equivocal with respect to how much land or what property rights were being expropriated. Claimant was not in a position to prepare and file a claim without knowing whether the State was appropriating an easemen...
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Judgments affirmed; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan and Keating. Taking no part: Judge Breitel....
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Order reversed with the direction that appellant be returned to the County Court, Nassau County, to be resentenced as a first offender. The record fails to show that defendant’s plea of guilty in 1956 to all counts in the seven North Carolina informations specifically encompassed acts constituting one or more felonies in New York. Therefore, his conviction may not be the basis for multiple offende...
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Judgment affirmed, with costs to plaintiff-respondent; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, without costs. The present incumbent was validly classified into the noncompetitive class and, therefore, is entitled to retain the position. (See Matter of Cook v. Kern, 278 N. Y. 195; Bressler v. Board of Higher Edue. of City of N. Y., 298 N. Y. 112.) No opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Memorandum. Defendant pleaded guilty to robbery, third degree, on October 1, 1963, after some preliminary discussion with the Judge as to his guilt or innocence. He was represented by counsel. Immediately after the plea, the Judge questioned defendant on the record at some length as to his participation in the crime, which defendant admitted. Prior to imposition of sentence on December 16, 1963, d...
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Order affirmed, with costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Judgment affirmed; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed in a memorandum. The decision in Mapp v. Ohio (367 U. S. 643) was announced while this criminal action was pending on appeal, the judgment of conviction was affirmed by this court (15 N Y 2d 671) and likewise by the Supreme Court of the United States (383 U. S. 502). The Supreme Court stated that the constitutional questions under Mapp v. Ohio were “ not presented by the record with...
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248 Ind. 362 (1967) 229 N.E.2d 457 LAKE COUNTY TRUST COMPANY, ETC. v. INDIANA PORT COMMISSION. No. 30,989. Supreme Court of Indiana. Filed September 11, 1967. Leonard D. Rutstein and C. Jerome Smith, both of Hammond, for appellants. John J. Dillon, Attorney General, Oliver M. Zeiher, Assistant Attorney General and Joseph G. Commiskey, Jr., Deputy Attorney General, for appellee. *363 JACKSON, J. T...
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This matter comes to us by way of appeal from the Porter Circuit Court. Appellee instituted an action for the condemnation of real estate in which the appellants have an interest. Appellant, Lake County Trust Company, is the nominal title holder of the real estate in question and appellant, Virginia J. Reuterskiold, is the mortgagee of said real estate. In view of some of the questions presented o...
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This is an appeal from the St. Joseph Superior Court No. 1 arising by reason of appellant’s conviction in that court after trial by jury of having committed a felony. Appellant, on the 14th day of February 1962, was charged by affidavit in three counts with the crimes of, by count one thereof, second degree burglary; by count two thereof, of the crime of automobile banditry; and by count three ...
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This is an original action in which the petitioner asked this Court to mandate the Respondents to expunge their record of May 14, 1966, and to prohibit the Respondent Special Judge from proceeding in said Cause No. 64 C 98 in the Jackson Circuit Court. This Court issued an alternative writ. The record shows the Respondent Special Judge heard the cause and took the same under advisement on Febru...
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This is an appeal from a conviction for rape. The charge was lodged by indictment and is under Burns’ Indiana Statutes, § 10-4201, which reads, in part, as follows: “Whoever has carnal knowledge of a woman forcibly against her will, or of a female child under the age of sixteen [16] years ... is guilty of rape, and on conviction shall be imprisoned not less than two [2] years nor more than twen...
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This matter comes to us on a Verified Petition for Alternative Writ of Mandate and a Writ of Temporary Prohibition. This action grew out of a proceeding in the court below entitled Irene Fox v. Raymond Fox, cause No. S62-6210 which was an action for divorce. On January 13, 1967, relator filed his petition in the lower court seeking a modification of a support and education order issued therein on ...
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This is an appeal from a conviction of unlawful possession of marijuana. The charge was initiated by the filing of an affidavit in two (2) counts, and thereafter super-*402ceded by the filing of an. amended affidavit in two (2) counts, the first of which charged the appellant with the unlawful sale of marijuana, and the second count of which charged the appellant with the unlawful possession of ma...
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The appellant was tried by jury upon an indictment returned by the Grand Jury of Decatur County, Indiana, on the charge of murder in the first degree. The jury’s verdict found the defendant guilty of murder in the second degree, and the judgment of the court was that the defendant be committed to the State Penitentiary during his life. The case had been venued to Shelby County, Indiana, and was t...
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On Petition For Rehearing Appellees urge us to reconsider our decision because it appears to appellees, “that the opinion of the Appellate Court in these cases is arrived at in violation of all previous pronouncements of the Supreme and Appellate Courts of this State and all others.” Appellees take exception to that part of our opinion which held Supreme Court Rule 1-4C and Burns’ § 2-901(6) ...
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delivered the opinion of the court: Andrew S. Oros, a restaurant employee, filed application for benefits under the Workmen’s Compensation Act. After hearing evidence the arbitrator granted an award but the Industrial Commission set it aside on the ground that the claimant had failed to prove he sustained an accidental injury. On review the circuit court of Lake County reinstated the award...
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delivered the opinion of the court • The defendant appeals from an order of the circuit court of Vermilion County that denied his petition under the Post-Conviction Hearing Act which alleged principally that he was denied his right to representation by counsel and therefore denied due process of law. More specificially, the defendant complains that he was not represented by counsel at the time ...
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delivered the opinion of the court: On December 29, 1965, the circuit court of Cook County ordered a temporary injunction to issue restraining defendants, Gust Regas and Spiros Regas, from voting, selling, assigning or pledging the stock in Riviera Lanes, Inc. and the beneficial interest of a land trust formerly owned by Otto Goldammer and Walter Goldammer. The appellate court reversed this ord...
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37 Ill. 2d 480 (1967) 229 N.E.2d 490 THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ANTHONY R. WOLLENBERG, Plaintiff in Error. No. 38571. Indict. Nos. 63-638 and 63-639, 60-2292. Supreme Court of Illinois. Opinion filed May 18, 1967. Rehearing denied September 27, 1967. JOSEPH L. STONE, of Chicago, appointed by the court, for plaintiff in error. *481 WILLIAM G. CLARK, Attorney Genera...
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delivered the opinion of the court: A complaint filed in the circuit court of Cook County charged the defendant, James Williams, with the offense of unlawful use of weapons. (Ill. Rev. Stat. 1965, chap. 38, par. 24—1 (a) (2).) He waived a jury trial, was tried before the court, found guilty, and sentenced to imprisonment for three months. The second division of the Appellate Court, First Distri...
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delivered the opinion of the court: This tax sale proceeding was instituted under the Revenue Act of 1939, as amended in 1951, and the question presented concerns the effect to be given to certain tax deeds acquired by the city of Chicago during the years 1910 through 1915. The property in question was sold for nonpayment of general taxes for the year 1959, and, pursuant to the statute the purchas...
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delivered the opinion of the court: The petitioner, Thomas W. Wagner, was injured when he fell into a hole while working for Overland Construction Company. Petitioner subsequently filed a claim for compensation under the Workmen’s Compensation Act, and the Industrial Commission granted him a permanent total disability award with a 15% pension for life finding that he had sustained a total and p...
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delivered the opinion of the court: Raymond and Cleo Pedrick, husband and wife, brought this action in the circuit court of Tazewell County seeking damages from The Peoria and Eastern Railroad Company for injuries sustained when their automobile collided with one of defendant’s trains at a railroad crossing in Pekin. Defendant’s motion for a directed verdict, made at the close of plaintiff...
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delivered the opinion of the court: Plaintiff, Arlington Heights National Bank, brought an action for damages against defendant, Arlington Heights Federal Savings and Loan Association, and its officers and directors, alleging that they intentionally induced the village of Arlington Heights to breach its contract with plaintiff for vacation of a street in the village. The trial court sustained defe...
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delivered the opinion of the court: In a joint trial in the circuit court of Cook County a jury found defendants James Henderson, John Adams and LeRoy Mitchell, Jr. guilty of murder. Each was sentenced to the penitentiary for a term of 35 to 70 years. A constitutional question gives us jurisdiction of the appeal. These defendants were convicted of the murder of John Fatigato, a shoe-store ope...
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delivered the opinion of the court: The plaintiff, the city of East St. Louis, (hereafter called the City) filed suit for a declaratory judgment in the circuit court of St. Clair County and asked that the court declare that the defendant, Union Electric Company, (hereafter called the Company) was obligated to the City under the terms of a franchise ordinance and did not have the right to deduct...
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37 Ill.2d 553 (1967) 229 N.E.2d 527 THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERNEST BONNER, Appellant. No. 40284. Supreme Court of Illinois. Opinion filed May 18, 1967. Rehearing denied September 27, 1967. *554 SAM ADAM, of Chicago, for appellant. WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney Gener...
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dissenting: Mr. Justice Underwood, Mr. Justice Ward and I are of the opinion that jurisdiction of this case should be declined under the doctrine of forum non conveniens. Of the four plaintiffs, the two who have owned stock in Crucible for any appreciable length of time reside in Arizona. Of the two plaintiffs who reside in Illinois, one, Morris J. Rubin, acquired the 10,000 shares of stock that h...
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delivered the opinion of the court: We allowed a petition for leave to appeal by Cities Service Oil Company from a judgment of the First District Appellate Court, which reversed in part a judgment of the circuit court of Cook County, dismissed the appeal as to certain parties, and remanded the cause. (Martino v. Barra, 67 Ill. App. 2d 328). We restate here that court’s history of the litigation...
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Plaintiff appeals from the judgment of the Circuit Court of Madison County entered in favor of the defendant, Village of Hartford, a municipal corporation, in plaintiff’s action for personal injuries. Plaintiff’s complaint alleges that she suffered injuries as the result of a fall while walking on a public sidewalk which defendant had negligently permitted to remain in a state of disrepair...
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delivered the opinion of the court. Defendant appeals from a judgment declaring invalid, and restraining enforcement of, the Village Zoning Ordinance insofar as it classified plaintiff’s property as B-l (Neighborhood Shopping) and B-2 (Commercial), and thereby prevented its use for a combined automatic car wash, gasoline service station, accessory store and automobile diagnostic center. ...
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85 Ill. App.2d 81 (1967) 229 N.E.2d 557 Jerome Edelstein, Plaintiff-Appellee, v. Angelo Costelli, and Al Silverman, d/b/a Chicago Speedometer Service, Defendants-Appellants. Gen. No. 51,247. Illinois Appellate Court — First District, Second Division. June 27, 1967. Rehearing denied September 12, 1967. *82 John L. Roach, of Chicago, for appellant. Al Silverman; Unger & Unger, Dan Unger and Jul...
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This is an appeal from a judgment for the defendant in an action for personal injuries and property damages due to the alleged negligence of the defendant, Gilbert Smothers, in the operation of his automobile which collided with the automobile of the plaintiff, Patricia Corder. At approximately one p. m. on September 27, 1964, plaintiff had turned off DeYoung Street onto North State Street...
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delivered the opinion of the court. This is a declaratory judgment action to test the validity of R-2 Single-Family Zoning of a tract of approximately five acres of land in the City of Waukegan in Lake County. Plaintiff desires to build apartments on the property. The Trial Court found the single-family zoning invalid as to the “East Portion” of the subject property but valid as to the “We...
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delivered the opinion of the court. This appeal is prosecuted by the plaintiff from an order entered September 9, 1966, nunc pro tunc as of May 6, 1966, by the Circuit Court of DuPage County that reduced the monthly installments of a lump sum alimony award and the child support payments provided in a previous divorce decree. The divorce decree was entered on March 7, 1966, after a contested t...
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This is an appeal from a decree granting a divorce to Bertha Dayan. Dr. Dayan, the husband, filed an amended complaint for divorce. Bertha Dayan filed a suit for separate maintenance. The cases were consolidated for trial. At the trial the wife announced her intention to amend her complaint to ask for a divorce. After the hearing, by leave of court, she filed an amended complaint for divorce. A...
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delivered the opinion of the court. Defendants issued group insurance policies on the life of plaintiff’s husband as an employee of the Commonwealth Edison Company. After his death plaintiff was paid the basic insurance coverage under the policies ($8,000), but defendants declined payment under the double indemnity provisions covering accidental death. Plaintiff’s suit therefor resulted in a jury ...
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The Village of Bourbonnais has perfected this appeal from a decree entered in a consolidated proceeding dismissing its applications for injunctions to restrain the use of two tracts owned by the individual defendants, and located within the village, for purposes of fire stations by Bourbonnais Rural Fire Protection District, defendant, in alleged violation of a zoning ordinance purportedly enac...
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delivered the opinion of the court. This is an appeal from a judgment following an order of the Circuit Court of Cook County striking plaintiffs’ complaint and dismissing their cause of action. Plaintiffs contend on this appeal that the trial court erred in dismissing the complaint because the complaint on its face stated a cause of action thus making the issue one for the consideration of...
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Defendant, who was 18 years old at the time of his arrest, appeals from a determination adjudging him a youthful offender on his plea of guilty. He was arrested for possession of a pistol by a detective who had been alerted by an anonymous telephone call. A motion to suppress the evidence was denied after a hearing in Criminal Court, Queens County *337(Schreckinger, J.). Thereafter, defendant plea...
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(concurring). Although I would, in any event, be for reversal (see People v. Berger, 18 N Y 2d 638, 640, dissenting opn.), I cannot join in the court’s opinion since I do not subscribe to certain observations contained in its last paragraph. In view of the Supreme Court’s recent decision holding section 813-a of the Code of Criminal Procedure unconstitiitional “ on its face” (Berger v. New York, 3...
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The appellants own about one acre of residentially zoned property on the northeast corner of Schwab Road and Route 110 in the Town of Huntington. They contend, thus far unsuccessfully, that the property is unsuitable for residential use and that the zoning classification so restrictive is unconstitutional in its application to their premises. Route 110, in the vicinity of appellants’ property, is ...
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Three detectives of the Mount Vernon Police Department having obtained a search warrant went to the Mount Vernon High School. The warrant directed a search of the persons of two students and, also, of their lockers. The detectives presented the warrant to the vice-principal, Dr. Panitz, who sent for the two students, one of whom was the defendant, Carlos Overton. The detectives searched them and f...
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James and Joan Lappert were married in 1948. They had two children, a son born in 1951, and a daughter, born in 1953. In 1963, the couple separated. Joan Lappert subsequently brought an action for separation in Supreme Court, Queens County. The judgment therein, entered on July 13,1964, provided inter alla that James pay Joan 50% of his gross income, on a weekly basis. ‘The judgment also granted c...
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This is a proceeding to nullify a determination of the New York City Housing Authority disqualifying the appellant corporation from bidding on future contracts with the Authority. In addition the appellant seeks an injunction against the Authority’s enforcement of its decision. The disqualification is mandated by section 2601 of the Public Authorities Law since the appellant’s former president app...
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Rauland-Borg Corporation, the only defendant involved on this appeal, is a manufacturer of sonic equipment in Illinois, and is not qualified to do business in New York, has no place of business here, no officers, agents or employees, no property either real or personal, and no telephone listing. Its products are sold in New York State by a number of distributors, all of whom are independent busine...
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Order affirmed, with costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Judgment affirmed; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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Order affirmed, without costs, upon the opinion at the Appellate Division. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan and Breitel. Judge Keating dissents and votes to reverse in the following opinion....
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Upon appeal by defendant from judgment convicting him of disorderly conduct and violation of probation: Judgment affirmed. There were determinations of fact supported by sufficient evidence as to defendant’s participation in the street incident and resistance to the police officers, matters not reviewable, therefore, by this court. Upon appeal by defendant from judgment convicting him of attempted...
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Judgment .reversed and a new trial ordered on the dissenting opirnon at the Appellate Division. Concur: Chief Judge Fold and Judges Van Voorhis, Bergan and Keating. Judge Breitel dissents and votes to affirm in the following opinion in which Judges Burke and Scileppi concur....
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Order affirmed, without costs; no opinion. Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel....
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248 Ind. 404 (1967) 229 N.E.2d 622 PASSWATER, ETC., ET AL. v. WINN. No. 30,823. Supreme Court of Indiana. Filed September 19, 1967. *405 John J. Dillon, Attorney General, and Raymond I. Klagiss, Deputy Attorney General, for appellants. William C. Erbecker, of Indianapolis, for appellee. HUNTER, C.J. This is an appeal from the Hamilton Circuit Court wherein the court under habeas corpus proceeding...
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This matter comes to us by way of appeal from a conviction on a charge, by affidavit, of entering to commit a felony. Trial was had to the court without the intervention of a jury, trial by jury having been specifically waived. At the conclusion of the State’s evidence, both the State and appellant rested. The court found the appellant guilty as charged at the conclusion of the trial on Novem...
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This is an appeal from verdict by jury and judgment convicting the appellant of involuntary manslaughter. The indictment charging involuntary manslaughter, omitting the formal parts, reads as follows: “The Grand Jury for the County of Marion in the State of Indiana, upon their oath do present that earl McKinley Armstrong RAY PERDUE on or about the 22nd day of June, A. D. 1963, at and in t...
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This case comes to us by way of an appeal from a judgment of conviction rendered by the court against the appellant in a trial to the court. Appellant and his co-defendant, Michael George Snow, were charged by affidavit with the crime of First Degree Burglary. Appellant’s co-defendant was acquitted, and appellant was, on January 29, 1965, sentenced to the Indiana State Reformatory for a period of ...
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On February 20, 1967, we issued an alternative writ of mandate commanding the respondents to rule on the relator’s petition to make a panel from which a special judge can be selected to try cause No. 2S 65-542 in the respondent court entitled Chesley T. Burk v. Dorothy J. Burk, or on the failure to do so, to file their return showing any reason in law or in fact why this writ should not be made pe...
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This is an appeal from a verdict of guilty on the charge of theft by obtaining control over stolen property under the Offenses Against Property Act, Ind. Anno. Stat. § 10-3030 (d), (Supp. 1967) (hereinafter referred to as the Theft Code) and the overruling of the appellant’s motion for a new trial. The main contention of error arises from the fact that the affidavit charged theft by obtaining c...
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Appellant was charged by indictment in the Vigo Circuit Court of Vigo County, Indiana, with the crime of First Degree Murder as the result of the death of Brenda Dawn Frederick from a gunshot wound. The shooting and death occurred on October 8, 1962. On that date appellant was seventeen years of age, and the victim of the shooting, Brenda Dawn Frederick, was three years and four months of age. ...
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This matter is presented by a verified petition for writ of mandamus which, among other things, states that Jeanine A. Winkler was the plaintiff in an action for divorce, custody of three minor children, support money, attorneys’ fees and an equitable division of property, against Elmer L. Winkler, the Relator herein. The record submitted with said petition indicates the following : O...
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The appellant was convicted of the crime of inflicting physical injury while in the commission of robbery, pursuant to Burns’ Indiana Statutes, Anno., § 10-4101, [1956 Repl.] which is, in part, as follows: “. . . Whoever inflicts any wound or other physical injury upon any person with any firearm, dirk, stiletto, bludgeon, billy, club, blackjack, or any other deadly or dangerous weapon or instr...
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This is a damage suit for personal injuries allegedly sustained when the plaintiff-appellee was struck by an automobile driven by defendant-appellant. The jury returned a verdict for the appellee and appellant appeals from a judgment entered thereon. Appellant’s motion for new trial was overruled, and such action is the only assignment of error. Appellant specifies six grounds as error in his moti...
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This appeal involves an action for personal injuries allegedly sustained by plaintiff-appellee, Mildred Mathew, while riding as a passenger in an automobile owned and operated by her husband, which automobile was involved in a collision with a vehicle being operated by defendant-appellant, Juanita May Griffith. Trial was by jury which rendered a verdict in favor of appellant, and judgment ...
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About four a. m. on December 31, 1963, a fire broke out at the residence of Mary and Joshua Hall, in the city of Youngstown. The Fire Department of the city of Youngstown was summoned. Shortly thereafter, fire fighting men and equipment arrived upon the scene of the fire. A water hydrant belonging to the city of Youngstown was located across the street from the burning home at approximately sevent...
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The relator, Layne Reiger Fox, has invoked the original jurisdiction of this court to obtain a writ of mandamus to require the respondent, Board of Education of Springfield, to employ her as a guidance counselor. Relator has been in the Springfield City School System for *215 eleven years, where she has a continuing contract as a teacher. During the school years 1960-61, 1961-62 and 1962-63...
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delivered the opinion of the court: Rocco Marinucci was accidentally injured on January 17, 1956. He filed an application for adjustment of his claim against Raymond Concrete Pile Company (Raymond) and its insurer, appellants here, and Wilputte Company (Wilputte) and its insurer, cross appellants. The arbitrator applied the present section i(a)4 of the Workmen’s Compensation Act (Ill. Rev. Stat...
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delivered the opinion of the court: This action was instituted by Bobby Ray Clark and Warren H. Jordan to recover the fair market value of their airplane from William B. Fields, on whose property it was when destroyed by fire. A St. Clair County jury returned a verdict for defendant on which judgment was entered following denial of plaintiffs’ motion for judgment notwithstanding the verdict or ...
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delivered the opinion of the court: The sole question here, preserved for review by appropriate obj ection in the trial court, is which party has the right to open and close arguments to the jury in an eminent domain proceeding following a “quick-take” by the Department of Public Works and Buildings under the provisions of the Eminent Domain Act. (Ill. Rev. Stat. 1961, chap. 47, par. 1 et ...
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86 Ill. App. 2d 245 (1967) 229 N.E.2d 681 George J. Dolton, et al., and Franklin R. Dolton, Executor of the Estate of Grace M. Dolton, Deceased, Plaintiffs, v. The Village of Mundelein, a Municipal Corporation of the State of Illinois, Defendant. Gen. No. 67-5. Illinois Appellate Court — Second District. September 5, 1967. *246 Adeline Geocaris and George D. Karcazes, of Chicago, for appellant. H...
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Defendants Belknap Hardware and Mfg. Co., hereinafter called Belknap, and Vaughan & Bushnell Mfg. Co., hereinafter called Vaughan, appeal from a judgment in the sum of $50,000 entered upon a jury verdict in favor of the plaintiff Benjamin E. Dunham, for injury incurred when a chip from the head of a hammer entered his eye. Belknap, using its trade name “Blue Grass,” distributes a hammer ma...
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Motion to dismiss appeal denied without prejudice to such action as respondent may deem appropriate under rules I, VI and VII of the Rules of the Court of Appeals....
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Motion to preclude respondents from serving and filing a brief on the appeal herein granted unless within 30 days the brief is *736served and filed. Case set down for argument during the October, 1967 session of the Court of Appeals....
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Motion for leave to appeal denied upon the ground that an appeal lies as of right. *737Motion for stay granted upon the conditions that appellant posts a surety bond in the sum of $15,000 and is ready for argument at the September, 1967 session of the Court of Appeals....
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Cross motion by respondent to stay the hearing of the appeals unless appellant (1) satisfies the two outstanding judgments against him or posts security therefor and (2) posts an “ appeal bond ’ ’ denied....
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Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Defendant British corporation contended that it was deprived of due process in violation of its rights under the Fourteenth Amen...
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Motion dismissed upon the ground that the order sought to be appealed from is not final within the meaning of the Constitution....
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Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Plaintiffs contended that, in the payment to them for their services as elementary school principals of salaries which were lowe...
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Motion to further amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to *739remit the matter to the Supreme Court, New York County, for a new trial in accordance with the mandate and opinion of the Supreme Court of the United States, with costs to abide the event. [See 15 N Y 2d 986, 16 N Y 2d 658, revd. 385 U. S. 374.]...
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Motion granted and case set down for the September, 1967 session of the Court of Appeals....
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Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution....
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Motion to dismiss appeal withdrawn....
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Motion denied....
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Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution....
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Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by deleting therefrom all reference to an award of costs against appellant, who was granted leave to appeal as a poor person (CPLR 1102, subd. [d]). No further question is passed upon. [See 19 N Y 2d 840.]...
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Motion granted. The affected, but nonprotesting, tenants in the subject premises are to continue paying rent in the amount determined by respondent Administrator pending determination, with the difference between their former rent and the increased rent to be held by appellant landlord’s attorney in escrow....
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Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions involving the *744construction of the Constitution of the United States, viz.: Petitioner contended that the police power of the municipality (Town of Gates) had been unconstituti...
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Motion to preclude respondent from serving and filing a brief on the appeal herein granted unless within 20 days the brief is served and filed. Case set down for argument during the September, 1967 session of the Court of Appeals....
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Motion to dismiss appeal withdrawn....
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Motion granted and appeal taken as of right dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Cross motion denied....
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Motion dismissed, without costs, upon the ground that an éx parte order does not initiate a special proceeding and, thus, is not appealable to the Court of Appeals....
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Motion for reargument of motion to dismiss appeal taken as of right denied. [See 19 N Y 2d 942, 973.]...
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Motion granted and appeal dismissed, with hosts and $10 costs of motion, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution....
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Motion granted....
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Motion denied with leave to renew upon the argument. Cross motion for leave to appeal and for a stay denied. Cross motion for a preference granted and case set down for argument during the September, 1967 session of the Court of Appeals....
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Motion denied....
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Motion to vacate the order of the Court of Appeals dated May 23, 1967 dismissing the appeal herein granted upon condition that appellant serve and file the record on appeal no later than August 1, 1967 and her brief, if any, no later than August 15,1967, in which events the case is set down for argument during the September, 1967 session of the Court of Appeals....
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Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Order of the Appellate Division reversed and the judgment of Special Term reinstated with costs to appellant in this court and in the Appellate Division against the respondent City Rent and Rehabilitation Administrator. [See 19 N Y 2d 558,]...
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Motion dismissed, with $10 costs, upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution....
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Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Whether defendant-appellant’s rights under the due process clause of the Fourteenth Amendment were violated. Defendant argued th...
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Motion for an order directing that defendant be provided with a copy of the trial transcript pursuant to the Code of Criminal Procedure (§ 456, subd. 2) denied; such a motion should be made in the first instance to the trial court....
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Motion, considered as a motion for leave to appeal, denied....
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Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether appellants’ rights under the Fourth and Fourteenth Amendments were violated. Relators contended that their arrest and pr...
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Application by respondents to" advance the return date of appellants’ motion for leave to appeal to July 6, 1967 and for consideration of the case as an appeal as of right upon constitutional grounds and, upon such consideration, for dismissal of said appeal, granted only to the extent of advancing the return date of appellants’ motion for leave to appeal; application otherwise denied as academic....
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Motion to amend remittitur to conform to the mandate of the Supreme Court of the United States granted, the remittitur *753recalled, the judgment vacated, and the case set down for reargument during the September session of the Court of Appeals. [See 18 N Y 2d 324, vacated and remanded 387 U. S. 239.]...
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Motion to amend the order of the Court of Appeals dated May 18, 1967 to include printing disbursements denied. [See 19 N Y 2d 582.]...
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*754Appeal dismissed in the following memorandum: The' Appellate Division correctly dismissed an appeal by the above-named defendant-appellant from his conviction in New York County of the crime of conspiracy, by reason of his death pending appeal to that court. The appeal to this court from the Appellate Division’s order should likewise be dismissed for the reason that the entire criminal prosecu...
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Reargument ordered and case set down for oral argument at the September, 1967 session of the Court of Appeals....
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Appeal dismissed, with costs, on the ground there is not solely involved the question of the constitutionality of a statute. In Willets v. Schnell (16 N Y 2d 686, 876) the Court of Appeals affirmed and later amended its remittitur to .state that the constitutional issue had not been reached or considered. This case similarly fails properly to present the constitutional question of whether, on its ...
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To His Excellency, the Governor of the Commonwealth: The Justices of the Supreme Judicial Court respectfully submit these answers to the first question contained in the request of the Governor dated September 13, 1967, for an advisory opinion relating to a bill, House No. 5000, pending before him. A copy of the bill was transmitted with the order. The bill is entitled, “An Act apportioning represe...
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This is an appeal from a judgment and conviction for the offense of second degree burglary. Trial was by the Court without the intervention of a jury. The Court found the defendant to be twenty-two (22) years of age and sentenced him to the Indiana State Reformatory for not less than two (2) years nor more than five (5) years. Appellant’s motion for new trial was overruled. The motion for new...
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On the 17th day of April, 1965, shortly before two o’clock in the morning, Officer Duckworth of the Indianapolis Police Department observed the appellant drive a vehicle off the lot of the Harry A. Sharp Company, an Indiana corporation. The automobile was a 1965 Ford. Officer Duck-worth engaged in a high-speed chase of the vehicle, never *448 losing sight of it, until it was abandoned after cro...
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This is an appeal from a conviction of second degree burglary and auto banditry. The charges were lodged by affidavit filed pursuant to Burns’ Indiana Statutes, Anno., *452 §§ 10-701 and 10-4710 respectively, [1956 Repl.]. Appellant asserts error of the Court in overruling his motion for a new trial. He argues that his motion for a new trial should have been sustained on the following grounds: ...
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Appellant was charged by indictment with the crime of murder in the second degree, and was tried by jury in the Vanderburgh Circuit Court, which returned its verdict finding the appellant guilty of manslaughter. Thereafter, on April 18, 1964, appellant was sentenced by the court to the Indiana State Prison for not less than two (2) years nor more than twenty-one (21) years. The indictment, omit...
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Appellant, plaintiff below, brought this action for damages, for personal injuries arising out of a motor vehicle collision. Trial was had by jury which returned a verdict for the appellant and against the appellees in the sum of five hundred ($500.00) dollars. The court entered judgment consistent with the verdict. The appellant then filed his motion for a new trial, specifying the follow...
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Appellee sued appellant for damages for personal injuries allegedly received when appellant’s automobile and appellee’s automobile collided at an intersection in South Bend, Indiana. The cause was tried by the court, without a jury, after which the court found for the plaintiff (appellee) and against the defendant (appellant) in the sum of $3,000 damages. Judgment was entered accordingly. The ove...
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141 Ind. App. 467 (1967) 229 N.E.2d 740 SIMPSON v. REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION ET AL. No. 20,772. Court of Appeals of Indiana. Filed September 25, 1967. Rehearing denied November 30, 1967. Transfer denied January 18, 1968. Marvin Simpson, of Anderson, for appellant. William Mathany, of Indianapolis, for appellee. COOPER, J. This is a judicial review of a decision of t...
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On Petition For Rehearing The opinion in the present case was filed July 20, 1967. Appellant filed a Petition for Rehearing, on August 9, 1697, accompanied by brief in support thereof. Thence, appellee filed a brief entitled “Appellee’s Brief in Opposition to Appellant’s Petition for Rehearing,” on August 21, 1967. While we deemed the opinion to be sufficiently clear, concise and correct in s...
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This action was begun in the Court of Common Pleas of Franklin County. It arose out of a collision between a Mercury automobile driven north on Wilson Avenue, in the City of Columbus, by the defendant, Coon, and an unmarked Chevrolet police car, owned by the City of Columbus, in which the plaintiff, Levy, was riding, being driven west on Mound Street. The accident occurred at the intersection of t...
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This is an appeal from a judgment of the Common Pleas Court of Franklin County against the appellant entered upon a directed verdict. The judgment was affirmed by this court in a divided vote. Upon a further appeal, the Supreme Court upheld appellant's first assignment of error relating to the granting of the directed verdict. It reversed and remanded to this court for consideration of appellant's...
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This is an appeal on questions of law by the plaintiffs from a judgment of the Court of Common Pleas of Hamilton County, which court, upon motion of the defendants, at the conclusion of all the evidence in an action for damages growing out of personal injuries, for judgment in their favor, granted the motion, withdrew the case from consideration of the jury, and entered judgment for the defendants...
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delivered the opinion of the court. This is an appeal from an order dismissing a counterclaim (a third-party complaint). Linda Sargent, a minor, was injured by a motor vehicle while she was crossing a street at an intersection. The vehicle was owned by the defendant Sun Ray Fluorescent Company and was driven by its employee, the defendant David Herskovitz. In count I of a two-count co...
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delivered the opinion of the court. Defendants appeal from a joint judgment in the amount of $40,000 entered upon verdicts of a jury in favor of plaintiff, Kirby, contending that the verdicts were contrary to law, and outright reversal is sought. In the alternative, defendants complain of trial-court rulings on certain exhibits and instructions, and seek a new trial. Kirby was a passe...
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delivered the opinion of the court. Plaintiff was on certain premises owned by the Quincy Housing Authority in connection with his business as a salesman. He was in the process of collecting bills from certain of his customers who were tenants of the Housing Authority. This was during the daylight hours of January 9, 1965. He slipped on a piece of linoleum scrap near his car on that date, ...
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delivered the opinion of the court. This involves an appeal and a cross-appeal from a judgment on a third party action for indemnity. The trial court found against third party plaintiff generally, but granted no monetary relief. To understand the contentions on appeal it is first necessary that we identify the parties and describe the circumstances giving rise to this appeal. Pau...
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delivered the opinion of the court. This is an appeal from an order dismissing a third-party complaint on motion of the third-party defendant. The plaintiff, Leon Trzos, filed an original complaint against Berman Leasing Company, Pacific Intermountain Express, James L. Emerick, d/b/a Chicago Terminal Clearance, and Richard Laszczewski. The complaint alleged that the plaintiff was on a scaf...
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This is an appeal growing out of the conviction of Robert Lee C.apps in the Vanderburgh Circuit Court for robbery. The charge was brought by way of affidavit and the issues were drawn upon appellant’s plea of not guilty. The cause was submitted for trial by jury, the Hohorable William H. Miller, presiding. The only assignment of error argued by the appellant in his brief is that the trial court...
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This cause of action arose out of an election dispute between two Indiana Senatorial Candidates. Philip A. Bir, unsuccessful in the election, petitioned the DeKalb Circuit Court for a recount. Willis K. Batchelet, the senator-elect, obtained a Writ of Prohibition from this Court restraining the DeKalb Circuit Court from proceeding further with the recount. Article 4, § 10, of the Indiana Consti...
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This case involved a claim of approximately $5,000.00 against the estate of the decedent, one Effie Ulsh. The Trial Court allowed the claim, and the Appellate Court affirmed the decision. In his petition to transfer, the executor makes, essentially, these two arguments: 1. That the Appellate Court erroneously decided a new question of law in stating in its opinion: “We have no Indiana *463 ...
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The appellants were charged and found guilty of grand larceny and sentenced accordingly. They have appealed. The specifications are that the trial court erred in overruling the motion to suppress evidence obtained in the search of defendant Suber’s automobile, The points presented in the briefs center mainly about this contention. The evidence shows that officer Frank Rose of the Kokomo po...
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The relators petitioned for an alternative writ of mandate directing the respondent judge to grant a change *467of venue in Cause No. 13517 in the Owen Circuit Court and commanding all respondents to show cause why the alternative writ of mandate should not be made permanent. The respondent judge filed his return setting forth that petitioners filed an affidavit for change of venue from the judge ...
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This is an interlocutory appeal from the Steuben Circuit Court in an action brought by the State of Indiana. The appellee seeks to condemn and appropriate permanent easements and certain lands owned by the' appellants under the provisions of the eminent domain statutes relating to the acquisition of land for highway purposes. The appellee filed its complaint for condemnation, setting forth the ...
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In this appeal, we are concerned with the jurisdiction of the trial court. The answer to our concern necessarily hinges upon the interpretation and application of the provisions of certain statutes in force in the State of Indiana. Some time prior to the foundation of the litigation herein, the City of Warsaw, Kosciusko County, Indiana, by appropriate proceedings and resolution duly annexe...
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The relator has filed in this Court, a petition requesting this Court to mandate the Juvenile Court of Lake County to grant relator’s motion for a change of venue from the county. The remedy requested is an unusual one that should be sparingly meted out. Strict compliance with the Rules of this Court is imperative when a petitioner seeks this extraordinary relief in a unilateral hearing. The relat...
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248 Ind. 468 (1967) 229 N.E.2d 825 IN THE MATTER OF THE DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION DECLARING THE RIVERSIDE CENTRAL URBAN RENEWAL AREA A BLIGHTED AREA AND REDEVELOPMENT PLANS, LEE SAPHARA, POLLY SAPHARA AND LAURA BUTTS, REMONSTRATORS, v. CITY OF JEFFERSONVILLE, ON BEHALF OF ITS DEPARTMENT OF REDEVELOPMENT. No. 30,963. Supreme Court of Indiana. Filed Octob...
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This is an appeal from the Clark Circuit Court which grows out of a proceeding instituted by the appellee under the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended. This act is found in Burns’ Indiana Statutes, Anno., § 48-8541 to § 48-8567, [1963 Repl.]. The appellee initiated a proceeding under the foregoing sections leading to the condemnation of certain property of ...
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141 Ind. App. 479 (1967) 229 N.E.2d 828 KAPUSTA v. DE PUY MANUFACTURING COMPANY, INC. No. 20,619. Court of Appeals of Indiana. Filed September 29, 1967. Rehearing denied November 3, 1967. Transfer denied with Opinion March 5, 1968. *480 Patrick & Anderson, of South Bend, for appellant. Graham, Rasor & Harris, of Warsaw, for appellee. PRIME, J. This appeal is from a summary judgment render...
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This appeal arises from the forfeiture of a bond in the Marion Criminal Court, Division No. Two. The Transcript and Assignment of Errors, after two extensions of time, was inadvertently filed in the Supreme Court on April 11, 1966. Appellants’ petition for time to file their brief was granted to and including August 8, 1966. Such brief was filed on that date, but a copy was not served upon appelle...
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This action was initiated by the appellee in his capacity as Successor Trustee of a certain undocketed trust known as the Donna Harter Trust. The form of the action was a petition filed in the Estate of Harry H. Harter, Deceased, who had been the original Trustee of the Donna Harter Trust. Harry H. Harter died on February 14, 1964. The Special Administrator of his estate, Harold J. Anderson, was s...
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Detective Dorrish received confidential information from an informer who had given him reliable information in the past. As a result of this information, Dorrish placed under observation a three-story apartment building in Brooklyn. Two men entered and, upon their exit from the building, were placed under arrest and charged with possession of heroin. In the police car, the two men stated that they...
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Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution....
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Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that it fails to satisfy the requirements of CPLR 5601 (subd. [d])....
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It is always difficult to resolve a controversy between two innocent parties. But the Supreme Court of Ohio has stated without qualification that one cannot prevail in an action in replevin against an innocent purchaser of a motor vehicle who acquired possession in Ohio of such vehicle together with anapparently valid *Page 220 Ohio certificate of title. Commercial Credit Corp. v. Pottmeyer,176 O...
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This is an appeal on questions of law from the sustaining of a general demurrer to a petition, and the dismissal of the petition. William Curtis Baston, a minor, who sues by his mother and next friend, says he was born out of wedlock, and that since *Page 221 then his mother has married a man other than his father. He further says he has no adequate remedy at law to establish his relationship and...
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delivered the opinion of the court. Pauline Owens was adjudged guilty of criminal contempt in the Probate Division of the Circuit Court and was sentenced to one year in jail. On appeal she contends: (1) her conduct was not contemptuous since it was not calculated to obstruct the administration of justice or impugn the dignity of the court; (2) the court erred in denying her a jury trial; (3) he...
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Opinion by Not to be published in full....
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delivered the opinion of the court. In an amended complaint the plaintiffs, Michael O’Malley and the Beverly Bank, as beneficiary and trustee respectively of a trust agreement, sought specific performance of a contract. By the contract the defendant, Nathan Cummings, had agreed to sell a parcel of improved real estate to the bank’s assignor, Harold Richter. Opposing motions for summary jud...
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delivered the opinion of the court. The defendant, Carl Wildey, and LeRoy Hartle were indicted on June 29, 1962, for forgery.1 After a separate jury trial the defendant, Carl Wildey, was convicted of that offense and was released on probation for a period of five years with the condition that he repay the sum of $12,500 within ten months. Contentions on Appeal 1. Defendant was not proven guilty be...
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delivered the opinion of the court. After a bench trial, defendant, Thomas Vesley, was found guilty of criminal damage to property. 1 He was placed on probation for two years and, as a condition of probation, was ordered to serve the first 87 days in the County Jail and to make restitution in the amount of $349.78. Defendant was tried with Joseph Franco, a juvenile, whose case was subsequentl...
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delivered the opinion of the court. Action was brought by plaintiff, as Administrator of the Estate of Geraldine Bernier, his wife, who died as a. result of injuries sustained when the automobile in which she was riding as a guest collided with a guardrail or bridge abutment situated adjacent to the street on which the vehicle was being driven by defendant. At the close of plaintiff’s case, the tr...
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Opinion by Not to be published in full....
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delivered the opinion of the court. From a judgment for property damage entered in favor of plaintiff after a non jury trial, defendant appeals, making the point, among others, that plaintiff was contributorily negligent as a matter of law, and that the judgment should therefore be reversed. The facts will be taken from plaintiff’s own testimony. On the morning of May 27, 1963, plaintiff was ...
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delivered the opinion of the court. This is an appeal from the dismissal of plaintiffs’ third amended complaint in which plaintiffs claimed damages for the alleged negligent issuance by the Registrar of Deeds of a new Torrens Certificate of Title.1 Plaintiffs’ third amended complaint alleged the following facts: Plaintiffs’ incompetent, Nick Onischuk, while competent and a bachelor, acquired the ...
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delivered the opinion of the court. In an action for personal injuries the jury returned a verdict of $6,800 in favor of the plaintiff and judgment was entered thereon. Defendant appeals, alleging as error (1) that the judge dismissed prospective jurors on his own motion where there was no showing of cause; (2) that the court allowed evidence revealing that defendant had been an actress; (...
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delivered the opinion of the court. This was an action for “hit and run” injuries sustained by plaintiff when, after he had ridden as a passenger in a cab, its door was slammed on his coat and he was dragged for two or more blocks before becoming disengaged, the cab continuing on until it eventually struck a parked car. After a jury trial, judgment was entered for plaintiff against Tim Cre...
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delivered the opinion of the court. Defendant, Village of Skokie, appeals from a judgment which found that its zoning ordinance is null and void as applied to plaintiffs’ property and which enjoined defendant from interfering with plaintiffs’ construction of a gasoline station. Suit was initiated by the Main Building Corporation and the Pure Oil Company, the latter having purchased th...
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delivered the opinion of the court. This is an appeal by the plaintiff, Frank Kedzierski, from an order dismissing his forcible detainer action wherein he sought to gain possession of a certain apartment from his sister-in-law, the defendant, Elvina Kedzierski. The sole question presented for determination is whether or not the plaintiff’s cause of action was effectively barred by the doct...
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delivered the opinion of the court. Elsworth Brown was convicted by a jury of the crimes of rape and robbery. He was sentenced to the penitentiary for a term of from 50 to 100 years for the rape and to a term from 5 to 10 years for the robbery, the sentences to run concurrently. The defendant contends that his convictions should be reversed because the evidence did not prove beyond a reasonab...
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