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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
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Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
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The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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18
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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23
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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24
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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26
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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35
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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64
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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70
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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71
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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Treehouse Foods Inc., Sturm Foods Inc., and consumer plaintiffs including individuals and small businesses filed this antitrust MDL in the Southern District of New York before Judge Vernon Broderick in June 2014, alleging that Keurig Green Mountain Inc. used anticompetitive means to exclude rivals from the single-serve coffee market. The plaintiffs alleged Keurig redesigned its Keurig 2.0 brewer with a digital lock that prevented the use of competing unlicensed coffee pods, and pressured retailers and office coffee distributors into exclusivity arrangements — all to maintain its monopoly in the single-serve coffee system market.
The litigation consolidated competitor claims (from Treehouse and Sturm) with consumer class claims. The antitrust case raised novel issues about the intersection of product design, aftermarket tying, and monopolization under the Sherman Act. The case involved complex economic analysis of market definition and competitive effects.
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Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
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All reporters › p2d › Volume 146 Opinions in p2d, volume 146
The plaintiff, a seaman, sought to recover damages for the alleged negligence of his employer, under the Federal Employers’ Liability Act (45 U.S.C.A., secs.… Petitioner, The Atchison, Topeka and Santa Fe Railway Company, appeals from two orders denying motions to set aside the appointment of Charlotte E.… The plaintiff brought suit on a contract for the balance due to him for cutting and hauling logs from defendant’s timber land at an agreed price per thousand board feet, together with damages resulting from forced delay in fulfillment of the contract.… Appellant, as Insurance Commissioner of the State of California, obtained from the Superior Court of Sacramento County an order under section 1011 of the Insurance Code appointing him as conservator of the business of the respondent, Prudence Mutual Life Insurance Association, and pursuant to this order took over its… This is a proceeding in mandate, brought by petitioner, which is a corporation organized to transact the business of life insurance under the mutual benefit assessment plan provided for by chapter 8 of part 2, division 2, of the Insurance Code, to compel the defendant Insurance Commissioner to issue to it a renewal… Uribe v. McCorkle Page 22 This is an appeal from a judgment for defendant entered after his motion for nonsuit had been granted.… In 1930 Mary 0 ’Connor was declared to be an incompetent, and Joseph P.… This is a companion case to Burns v. Massachusetts Bonding & Insurance Co., this day decided (ante, p.… DeLay v. Braun Page 32 Prior to June 5, 1942, plaintiff’s daughter, Thelma Lloyd, consulted Helen Braun with reference to tutoring her niece, Darlene DeLay.… After a verdict for $8,200 for personal injuries the plaintiff made a motion for new trial limited to the issue of damages alone and the defendants moved for a new trial on all issues.… This is a motion to dismiss this appeal on the ground that defendants have accepted the benefits ©f the judgment and, therefore, cannot prosecute it.… Gosnell v. Gosnell Page 42 The appellants, children of Ira Gosnell, who died on July 28, 1942, have appealed from an order granting a family allowance in the sum of $250 per month to Evalou Gosnell, respondent, who married Ira Gosnell on July 5, 1941.… Rowe v. Holmes Page 45 This is an appeal from a judgment awarding the plaintiff interest on a fee for professional services rendered to the defendants.… Kling v. Crown Finance Corp. Page 54 63 Cal.App.2d 33 (1944) D. G. KLING et al., Respondents, v. CROWN FINANCE CORPORATION (a Corporation) et al., Appellants.… Loury v. Standard Oil Co. Page 57 In this action plaintiff claims that he was assaulted by defendant’s service station manager, who chased him from the station with a revolver in the belief that plaintiff was the accomplice of a bandit who was robbing the station.… Three actions to enforce individual liens were filed in the superior court against Tuolumne Gold Dredging Corporation, the owner of certain gold-bearing lands, the Johnson Company, the holder of a contract with the Tuolumne Company for the construction of a gold dredge, and the Fidelity and Deposit Company, the surety… Bumgarner v. Orton Page 67 Plaintiff seeks to recover from the defendants, for her own immediate occupancy as a dwelling, the possession of certain described premises in the city of Los Angeles.… Booher v. Brown Page 71 Suit for specific performance by Marian Booher against Catherine Brown, individually and as administratrix of the estate of Mary E.… Separate suits by the Union Pacific Railroad Company against Annabelle C.… Cross v. Campbell Page 83 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Horner v. Wagy Page 92 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Erb v. Cancilla Page 101 Action by Horace Erb against D. Cancilla for assault and battery allegedly occasioned by a willful and malicious beating of plaintiff about face and head causing temporary incapacity, pain, total loss of vision in left eye, and special damages in nature of medical expenses.… Seidenbach's v. Denney Page 105 Plaintiffs, individuals comprising a copartnership of Denney and Denney, who will be referred to hereinafter as plaintiffs, filed an action on open account against Seidenbach's, a corporation, hereinafter called defendant, for a balance due of $298.90.… Wilson v. Coats Page 107 J.W. Coats, as owner, and E.O. Carlin, as mortgagee, sued T.J.… This is an original proceeding brought by the State Highway Commission and its insurance carrier, United States Fidelity Guaranty Company, hereinafter referred to as petitioners, to review an award for permanent total disability made to the respondent W.M.… The original action was brought by Charles M.… Payne, County Treas. v. Jones Page 113 These are actions to enjoin the 1940 tax resale in Creek county.… Norick v. Jeffrey Mfg. Co. Page 119 The plaintiff, the Jeffrey Manufacturing Company, a corporation, sued the defendant, Henry Norick, on a written guarantee under which defendant guaranteed 75% of the purchase price of a conveyer sold to Henryetta Coal Company.… Various defendants appear herein as plaintiffs in error appealing from an adverse judgment of the city of Checotah ex rel.… Tischer v. Arrington Page 121 This is an appeal from an order and judgment dismissing an action by plaintiff in error, herein referred to as plaintiff, to quiet title to 160 acres of land in Pottawatomie county.… Debrow v. Wolleson Page 124 T.C. Wolleson, plaintiff below, brought this action against Sam DeBrow, the heirs, executors, administrators, devisees, trustees, or assigns, immediate and remote, of Anna DeBrow, deceased, defendants, in the district court of Noble county to foreclose a real estate mortgage.… Harlow Publishing Co. v. Campbell Page 129 This action was commenced by Grace F. Campbell to vacate and set aside and enjoin the enforcement of an allegedly void judgment of the justice of the peace court.… In Re Harjoche's Estate Page 130 This is an appeal from a judgment of the district court of Seminole county in a will contest case.… Harjoche v. Williams Page 130 This is an appeal from a judgment of the district court of Seminole county in a will contest case.… Ex Parte Gault Page 133 The petitioners, Mike Gault and Allen Gault, instituted this original proceeding in habeas corpus in an effort to secure their release from confinement in the State Penitentiary.… Stansbury v. State Page 137 The defendant, Orville Stansbury, was convicted in the county court of Kiowa county of the unlawful possession of intoxicating liquor, was tried, convicted and sentenced to serve 30 days in the county jail and pay a fine of $75.… Plumlee v. State Page 139 The defendants, Jimmie Plumlee and William Plumlee, were jointly charged by information filed in the county court of Murray county with the unlawful possession of intoxicating liquor, were tried, convicted and sentenced to serve 30 days in the county jail and pay a fine of $75, and have appealed.… Welch v. State Page 141 Defendant, Steve Welch, was charged in the district court of Craig county with the crime of obtaining property by false pretenses, was tried, convicted and sentenced to serve a term of five years in the State Penitentiary, and to pay a fine of $500, and has appealed.… Hardenburgh v. Hardenburgh Page 151 Appeal by defendant from an order denying his motion for change of place of trial.… Price v. Western Life Insurance Co. Page 165 This is an action to quiet title to land under claim of title by adverse possession.… State Ex Rel. Leahy v. O'Rourke Page 168 This is an appeal from a judgment in an action brought under section 11124, Revised Codes, to abate a gambling nuisance.… Miller v. Montano Page 172 This matter comes up upon motion of appellee Miller to dismiss an appeal taken from an order of the district court denying appellants' motion to strike the amended complaint.… Ellison v. Ellison Page 173 Appellee, Emma L. Ellison, defendant below, was granted a divorce from Herman L.… State v. Beal Page 175 Appellant was tried and convicted upon an information charging him with the murder of Stanley Brown.… 1 Reported in 146 P.2d 186. The claimant, Phillip Orlando, a steel worker, was employed by Toney Romano, the appellant.… State Ex Rel. Lockwood v. Glover Page 188 1 Reported in 146 P.2d 188. Spokane's county commissioners, proceeding under Rem.… 1 Reported in 146 P.2d 191. This appeal was taken by the department of labor and industries from a judgment rendered upon a jury verdict, accompanied and supported by the following answers to special interrogatories propounded by the trial court: "We the jury in the above entitled cause do find as follows… Plaintiff S. Grant Young, is the sheriff of Salt Lake County, Utah, and the defendant A.H.… On the 22nd day of June, 1937, the Federal Land Bank of Berkeley filed a complaint in two causes of action against the above named defendant and appellant, and others, for the foreclosure of two mortgages.… Burt v. Woolsulate, Inc. Page 203 Action for breach of contract. The trial court entered judgment of no cause of action and the plaintiff appeals.… Dewar v. Hagans Page 208 This is a suit to collect a promissory note and to foreclose a chattel mortgage securing the same.… State of Arizona v. Hart Page 211 Appellee was charged by information filed by the County Attorney of Maricopa County on February 12, 1943, with the crime of pandering, a felony committed as follows, to-wit: "The said James Grant Hart on or about the 22nd day of January, 1943, and before the filing of this information at and in the County of Maricopa… Goss v. Klipfel Page 217 THESE parties appear in the same order as in the trial court and are hereinafter referred to as plaintiff and defendant respectively.… Marsh v. People Page 218 PLAINTIFF in error, reference to whom hereinafter will be as Marsh, was charged in an information filed April 22, 1942, with the crime of embezzlement of $4,462.81 of the moneys of the County of Jefferson and the State of Colorado, and on June 22, 1942, an information was filed against him charging him, in part, as… Heald v. Western Refineries, Inc. Page 221 THIS is a suit for attorney's fees based upon an annual retainer of $150 per month for a period of one year from September 15, 1937, to September 15, 1938, less three certain credits totaling $350, leaving a net balance due of $1,450 plus $36 service tax plus $124.25 interest, or a total of $1,610.25.… People v. De La Roi Page 225 23 Cal.2d 692 (1944) THE PEOPLE, Respondent, v. WILSON DE LA ROI, Appellant.… Pursuant to the mandate of the Supreme Court of the United States filed herein on the 27th day of December, 1943, It is Hereby Ordered that the judgment of this court given, made and entered in said action on the 27th day of November, 1942, affirming the judgment entered in said action by the Superior Court of the… People v. Shaw Page 231 In an information filed by the District Attorney of San Bernardino County, defendant was charged with the murder of Pecóla Shaw.… Lissner v. Superior Court Page 232 This is an original proceeding in mandamus to effectuate the disposition of a petition for ratable distribution in a pending estate.… Dolinar v. Pedone Page 237 This is an appeal by the defendants from a judgment based upon a verdict of the jury in favor of plaintiffs in a personal injury action arising out of an automobile accident.… Burgess v. Bohle Page 242 This litigation involves a contest before probate of the last will of Annie B.… Rostain v. Guggenheim Page 247 This is an action to quiet title. There is no dispute as to the facts.… Rostain v. Katz Page 248 This is an action to quiet title. The material facts are precisely similar to those in the case of Rostain v. Guggenheim, this day decided, ante, p.… This is an appeal from an order refusing to settle the final account and distribute the estate of James Henry Farley, deceased.… Title Guarantee & Trust Co. v. Woody Page 252 This is an action brought by the record owner to quiet its title to certain real property against the holder, or successors of the holder, of a tax deed issued by the Tax Collector of Kern County.… Anglin v. Cutler Page 254 This is an action to recover for labor and materials alleged to have been furnished to the defendants.… Bourdieu v. Seaboard Oil Corp. Page 256 This is an action for damages for claimed injuries to surface rights of land occupied by respondent under certain United States stoekraising-homestead acts, against Kettleman North Dome Association, a corporation (hereinafter referred to as KNDA), and others, who acquired certain leasehold mineral rights therein from… C. I. T. Corp. v. Breckenridge Page 271 This is an appeal from a judgment for the balance of $1,117.77, besides interest, attorney’s fees and *199 costs, unpaid on a promissory note for $2,874.47, signed by defendants, dated November 25, 1939, payable in instalments to E.… Madruga v. Borden Co. Page 273 This is an appeal by plaintiffs from a judgment rendered against them and in favor of the defendants The Borden Company, United Milk Producers of California, R.… Babcock v. Babcock Page 279 Three successive actions brought by the same plaintiff against the same defendant furnish the threads in which the problems of this appeal are enmeshed.… Calhoun v. Universal Credit Co. Page 284 This case came to the writer on assignment due to the retirement of a district judge.… Schuman v. Moses Page 290 This is an action to quiet title. It was instituted on July 3, 1937, in the district court of Dewey county by J.J.… Muzny v. Holland Page 292 This is an appeal from a judgment of the district court of Lincoln county wherein the plaintiff, Dick Holland, brought suit against Albert Muzny on account for $306 for services rendered.… Jones v. Hill Page 294 This action was instituted by Roger Hill, hereinafter referred to as plaintiff, against Arthur Jones, hereinafter referred to as defendant, to recover damages for the publication of an alleged slander.… Harjo v. Fox Page 298 This is a suit to recover one-half the proceeds of a life insurance policy.… Crawford v. Grayson Page 298 This is an appeal from the judgment of the superior court of Seminole county rendered on the 7th day of June, 1943.… Fowler v. Brooks Page 304 Herman Fowler, plaintiff below, filed this action in the district court of Le Flore county against Bill Brooks, Loren Russell, Lewis Pridmore, Rufus Powell, Mrs. Henry Molthan, F.D.… Kirk v. State Page 309 The defendant, Marion Kirk, was charged in the county court of Cherokee county with the crime of conveying and transporting intoxicating liquor, towit, 120 gallons of whisky; was tried, convicted, sen- *210 termed to serve a term of 30 days in the county jail and to pay a fine of $50, and has appealed.… Donaldson v. State Page 310 The defendant, A. C. Donaldson, was charged in the district court of McCurtain county with the crime of rape in the first degree, was tried, found guilty and sentenced to serve 15 years in the State Penitentiary, and has appealed.… Ex Parte Edwards Page 311 This is an original proceeding in habeas corpus instituted by W.… McAtee v. Gutierrez Page 315 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Hendy v. Industrial Accident Board Page 324 In 1907, when John Remes was twenty-five years old, claimant[1] John Hendy, then thirty years old, married Remes' mother in Montana.… Mountain v. Price Page 327 1 Reported in 146 P.2d 327. During the month of June, 1939, plaintiff, Lillian Mountain, instituted this action against the defendant, William R.… Ferris & Hardgrove v. Buff Page 331 1 Reported in 146 P.2d 331. The plaintiff brought this action, as a broker, to recover the sum of $6,499.23 from the defendant for margin which plaintiff had advanced to the brokerage firm of Merrill Lynch, E.A.… Hansen v. Superior Products Co. Page 335 This is an appeal from an award of the Industrial Accident Board granting respondent compensation for medical and burial expenses incurred as the result of the accidental death of Henry A.… State v. Behler Page 338 I concur in the conclusion reached in the majority opinion with the exception of that portion reducing the sentence imposed upon appellant from death to life imprisonment.… Leech v. People Page 346 PLAINTIFF in error, hereinafter referred to as defendant, *Page 122 was convicted of the theft of an automobile and sentenced to the penitentiary for a term of fifteen months to two years.… Hall v. Grattan Page 348 THIS is an action in tort for damages sustained by plaintiff Grattan, as he asserts, by reason of the alleged false and fraudulent representations of plaintiff in error whereby he was persuaded to part with valuable property.… Thoen v. Public Service Co. Page 349 delivered the opinion of the court. The parties to this litigation are before us in reverse order of their appearance in the district court.… Hirales v. Boegen Page 352 This action has been brought to us on appeal from Yuma County where judgment was rendered against the appellees for damages resulting from an accident that occurred in Yuma, Arizona, in a case where Pauline Bernard, one of the appellees, was driving an automobile as the agent of the other appellee, Ray J.… Melcher v. Adams Page 354 Action by Henry J. Melcher against Sterling Adams to recover for injuries sustained when plaintiff was thrown from defendant's automobile in an accident.… Thompson v. Richards Page 359 The opinion of the court was delivered by This was an action by a rail carrier to recover an undercharge on an interstate freight shipment.… Deruy v. Hurt Page 363 The opinion of the court was.delivered by These appeals present for review a ruling of the trial court on defendant’s demurrers to plaintiffs’ separate petitions on the ground of misjoinder of causes of action.… Ellsworth v. Hurt Page 365 The opinion of the court was delivered by This action was to recover the price paid for certain blue-sky securities which were never delivered.… The opinion of the court was delivered by This is a claim for workmen’s compensation.… Underhill v. Motes Page 374 The opinion of the court was delivered by This was an action to recover damages for loss of cows due to alleged poisoning and to recover the first half of a pasture rental payment made by plaintiffs to defendants.… Leonard v. Maryland Casualty Co. Page 378 The opinion of the court was delivered by This was an action by the insured under an automobile liability policy to recover attorneys’ fees from the insurer.… The opinion of the court was delivered by This was an action against a public transportation company to recover damages for personal injuries suffered by a passenger.… Herdman v. Eubank Page 387 *225The opinion of the court was delivered by This was an action to collect an assessment on a policy in an insolvent mutual insurance company.… Browning v. Weaver Page 390 The opinion of the court was delivered by This is an action wherein the trial court was asked to declare an oil and gas lease to be terminated by its own terms on ■account of the failure of the lessee to comply with the terms of the *256lease, and for damages.… Malone v. Charles Page 395 The opinion of the court was delivered by This proceeding originated in the probate court of Shawnee county upon the petition of James Malone for the probate of the will of John J.… City of Wichita v. Hibbs Page 397 The opinion of the court was delivered by Albert J.… Packer v. Fairmont Creamery Co. Page 401 The opinion of the court was delivered by This is an appeal from a judgment for damages which plaintiff sustained in a collision of automobiles on highway No. 9 about a mile east of Gaylord.… Jones v. Jones Page 405 The opinion of the court was delivered by This was an action to cancel a deed to real property, to quiet title and for judgment that the plaintiff was the owner of a judgment rendered against both parties to this action jointly in another action to satisfy which the land in question had been sold.… Schammo v. Ahlskog Page 408 The opinion of the court was delivered by This was an action to recover wages, liquidated damages and attorney’s fees for’* overtime work under the Fair Labor Standards act of 1938.… Sharp v. Cox Page 410 The opinion of the court was delivered by Plaintiff brought this action for damages against four defendants — Vergil Cox, sheriff of Ness county at the time in question; John O’Brien, undersheriff of Ness County; Charles Maupin, investigator for the Kansas Bureau of Investigation, and P.… McAllister v. McDowell Page 411 The opinion of the court was delivered by This is a workmen’s compensation case.… Way v. Swain Page 414 The opinion of the court was delivered by This was an action by a landlord to recover rent.… In Re Shull Page 417 Petitioner seeks his release from Folsom prison on the ground that he has completed his term of imprisonment.… Ringis v. Otting Page 421 In this action for damages for personal injuries resulting from the alleged negligence of defendant in firing a shotgun while plaintiff and defendant were quail hunting, plaintiff obtained judgment, in a trial without a jury, for $19,000 general damages for the loss of an eye and for minor injuries to other parts of… Kennedy v. Isenberg Page 424 There are presented for our determination: (1) A motion to dismiss the appeal on the ground that the notice of appeal was not filed within the time prescribed by law.… People v. Hatchett Page 469 63 Cal.App.2d 144 (1944) THE PEOPLE, Respondent, v. INEZ HATCHETT, Appellant.… Heffernan v. Bennett & Armour Page 482 As assignee of Challenge Cream and Butter Association, a creditor of Bennett & Layton, Inc., the plaintiff commenced an action to set aside an alleged fradulent conveyance.… Tomas v. Vaughn Page 499 This is an appeal from a judgment in favor of plaintiff Francisco D.… Pratt v. Robert S. Odell & Co. Page 504 No objection can rightfully be made to the facts that but one notice of appeal was filed, one clerk’s and one reporter’s transcript certified, and that one set of briefs covers all the problems that the parties have presented, so long as it is kept clearly in mind that two distinct orders have been appealed from, made… Hershey v. Laswell Page 509 This is an appeal from a judgment in favor of defendants and cross-complainants for damages resulting from a motor vehicle collision which occurred in the city of Bakersfield on the evening of August 13, 1941.… Elford v. Hiltabrand Page 510 Plaintiffs, who are mother and daughter, instituted this action to recover damages for personal injuries sustained as the result of a rear end collision between two automobiles, both of which were proceeding in a general northerly direction along Highway No. 6, commonly known and referred to as the “Mint Canyon Road”… People v. Hawthorne Page 517 In an information containing five counts the defendant was charged in each count with the crime of forgery.… Silva v. County of Fresno Page 520 On the night of December 18, 1940, plaintiffs were proceeding south in an automobile on a public road known as Fairfax Avenue, in Fresno County, about four miles east of Dos Palos (John G.… Lester v. Isaac Page 524 Plaintiff seeks, through proceedings in unlawful detainer, to recover from defendant the possession of certain described premises in the city of Los Angeles.… Binning v. Miller Page 527 OPINION This case has been before this court on a former occasion, and the record then submitted was very fully examined and discussed, both as to the pleadings of the parties and the facts involved, by an opinion filed April 29, 1940.… Lawson v. Helmich Page 537 1 Reported in 146 P.2d 537. This action was instituted by H.C.… State Ex Rel. Linn v. Superior Court Page 543 1 Reported in 146 P.2d 543. January 27, 1944, G.D.… Crockett v. Root Page 555 Plaintiffs, the heirs of Mack Crockett, deceased, here sued to recover possession of 160 acres of land owned by Mack Crockett in his lifetime and to quiet title thereto.… Lane v. Bass Page 563 This is an appeal from the district court of Atoka county.… Jones v. Freeman Page 564 This is an original action brought by petitioner, Jenkin Lloyd Jones, to test the validity of the various legislative apportionment acts enacted since the adoption of the Constitution.… Chase v. Cheatham Page 585 Birt Chase, joined by his wife, instituted this action October 31, 1939, to quiet title to lands in Payne county against Perry Cheatham and his wife, W.A.… Bramble v. Caywood Page 587 Sam Caywood sued C.F. Bramble and wife in ejectment and to quiet title to certain real estate, being an improved lot located in the city of Henryetta.… Palmer v. State Page 592 The defendant, Gibson Palmer, was charged in the district court of Pontotoc county with the crime of manslaughter in the first degree, was tried, convicted and sentenced to serve four years in the State Penitentiary and has appealed.… Magnolia Petroleum Co. v. Davis Page 597 This is an action to recover damages to farm land allegedly suffered as a result of the pollution of a stream by salt water escaping from oil and gas leaseholds operated by the different defendants.… Chandler v. State Page 598 Defendant, Thomas Charlie Chandler, was charged in the district court of Oklahoma county, *Page 325 with the crime of manslaughter in the first degree, was tried and convicted of manslaughter in the second degree as an included offense, and his punishment assessed at confinement in the State Penitentiary for a term of… Suit by the Behnke-Walker Business College against Multnomah County and others, involving the question of whether or not plaintiff's property is exempt from taxation.… Atma v. Munoz Page 631 This is an action of unlawful detainer. At the trial on appeal from an adverse judgment of the justice of the peace court the appellant (plaintiff) was denied relief in the district court and thereupon appealed to this court.… This is an appeal by the county of Silver Bow, the city of Butte and the treasurer of each, from an adverse judgment in an action instituted by Commercial Credit Company, a corporation, to perpetually enjoin the said county, city and their tax gathering officers from collecting an ad valorem tax levied on credits and… Zeiler v. Zeiler Page 649 The opinion of the court was delivered by This is an appeal from a judgment overruling defendant’s demurrer to plaintiff’s evidence in a suit for a divorce.… Kenyon v. Mutual Life Insurance Page 650 The opinion of the court was delivered by This was an action to recover on a policy of insurance and from an adverse judgment the plaintiff appeals.… Federal Land Bank v. Ludwig Page 656 The opinion of the court was delivered by Counsel for appellees filed a motion for rehearing, which consists largely of reargument of the points previously argued and considered by the court.… Peterson v. Safeway Stores Page 657 The opinion of the court was delivered by This was a proceeding under the workmen’s compensation act, and from an award in favor of the claimant the respondent and its insurance carrier appeal.… Smith v. City of Kansas City Page 660 The opinion of the court was delivered by In this action plaintiff seeks to recover damages against the city of Kansas City for personal injuries alleged to have been sustained by her when she stepped upon the lid of a manhole in a catch basin constructed and maintained by the city.… Cole v. Thacker Page 665 The opinion of the court was delivered by The plaintiff instituted this action, in the nature of a creditor’s bill, against defendants, Yeroqua Tibbitts Thacker, Verba F.… Plaintiffs in these four actions seek declaratory relief as successors in interest to alleged members of and depositors in defendant The Hibernia Savings and Loan Society, hereafter referred to as the society.… The complaints in these eases contain substantially the same allegations as those in the Maguire case (ante, p.… The above entitled eases are companion to Maguire v. Hibernia Savings & Loan Society et al., this day decided.… Lavaysse v. Superior Court Page 686 The petitioners herein are husband and wife, and were parties to a divorce action brought by the wife and subsequently dismissed by her with the written consent of her attorney.… People v. Crenshaw Page 690 Defendant appeals from a judgment entered upon a verdict of guilty of grand theft, and from an order denying a motion for a new trial.… In this proceeding we are invited to annul an order of the respondent commission denying a petition to reopen the case.… People v. Jacquaino Page 697 The defendant was charged in three separate counts with violations of subdivision 3 of section 337a of the Penal Code which, so far as material here, makes it a crime to receive, hold or forward any money bet or to be bet upon the result or purported result of a horse race.… Estate of Tierney Page 700 63 Cal.App.2d 295 (1944) Estate of HELEN I.… Scribner v. Young Page 700 Helen Iten Tierney died testate on February 12, 1938.… Sherman v. Frank Page 704 Respondents sued appellant for damages resulting from a collision of their automobiles on a public highway.… Scribner v. Young Page 704 This is a companion case to the case of Estate of Tierney, ante, p.… Briner v. Briner Page 709 Plaintiff, appellant herein, brought this action to compel performance of a separation agreement entered into between the parties on September 22, 1937, wherein defendant, respondent herein,' agreed to pay to plaintiff the sum of $100 per month for her individual maintenance, care and support, while she remained… Puccetti v. Girola Page 714 This action was filed by plaintiff Alberto Puccetti, now deceased, who was the purchaser of certain real property upon an execution sale.… Burkhardt v. Lofton Page 720 A judgment was rendered in three actions, consolidated for trial, enjoining defendants Lofton and Laws from using or occupying two lots in Tract 7421, in the county of Los Angeles, of which they are the respective owners.… Huston v. Schohr Page 730 Plaintiff and respondent commenced an action against defendant and appellant upon a promissory note in the principal, sum of $15,000, executed on December 29, 1941, in favor of the law firm of Huston, Huston & Huston, and assigned by said firm to respondent.… Jones v. Shields Page 735 This appeal is from a judgment in unlawful detainer ordering the possession of the residential premises involved to be restored to the plaintiff owners by the defendant tenants.… OPINION This is an action for damages brought by J.J.… Graham v. Talent Sawmills, Inc. Page 752 This suit was commenced September 10, 1941, primarily to cancel a bill of sale duly recorded in Jackson *677 county on June 13, 1941, which instrument purports to convey to the defendant Talent Sawmills, Inc., a corporation, certain sawmill machinery and equipment.… Nielsen v. Baldridge Page 754 Action by Marion Nielsen against Charles C.… Penn v. Henderson Page 760 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Gallagher v. Gallagher Page 768 Action by Martin P. Gallagher against Helen W.… Kelly v. McCabe Page 770 A physician who negligently leaves a foreign substance in an operative wound is responsible in damages to the injured party.… Woodstock v. Whitaker Page 779 OPINION This appeal requires a determination of what constitutes the issuance of summons as that term is used *Page 226 in section 8573 N.C.L.… Peterson v. Wiesner Page 789 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… 1 Reported in 146 P.2d 800. The commissioner of unemployment compensation and placement of the state of Washington appealed from a judgment and decree of the superior court for Yakima county holding that certain labor performed for the respondent, Yakima Fruit Growers Association, was exempted and excluded from the… Purdie v. Brunswick Page 809 1 Reported in 146 P.2d 809. This action grew out of a collision between two automobiles traveling in opposite directions along a city street.… Carroll v. Union Pacific Railroad Page 813 1 Reported in 146 P.2d 813. J.H. Carroll instituted this action against Union Pacific Railroad Company, a corporation, and Albert Regan, one of its locomotive engineers, for the purpose of recovering damages for injuries to person and property *Page 192 suffered by plaintiff as the result of a grade crossing collision… In Re the Disbarment of McCoy Page 818 1 Reported in 146 P.2d 818. This is a proceeding for the disbarment of John E.… Vitalich v. Port of Seattle Page 819 1 Reported in 146 P.2d 819. This appeal includes four actions, brought separately, against the port of Seattle, but consolidated for trial.… Salter v. Continental Casualty Co. Page 824 Ida Roland, the widow and the administratrix of the estate of Dudley D.… This is an original proceeding brought by the Santa Fe Transportation Company, petitioner herein, to review an award made to G.W.… Garrett v. Harrell Page 829 This is an appeal from a judgment rendered in the district court of Carter county in an action wherein plaintiffs in error, herein referred to as defendants, were sued, with Oscar Wilcoxen and Mrs. Oscar Wilcoxen, under an allegation that defendants and the Wilcoxens were partners in a restaurant business.… Baker v. Broughton Page 832 This is an appeal from an order sustaining the motion of the defendants for judgment on the pleadings and opening statement of counsel.… Stewart v. Martin Page 836 This action was brought by the plaintiff to cancel resale tax deed executed to defendant J.N.… Isaacson v. Bradshaw Page 838 The plaintiff Bradshaw sued Ben Isaacson, Louis Goldstein, and others to recover possession of, and to quiet title to, 30 acres of land in Garvin county.… This action was instituted on April 23, 1941, by First National Bank in Pawhuska, successor to the American National Bank, and hereinafter referred to as plaintiff, against Stella Lewis, hereinafter referred to as defendant, to recover a balance alleged to be due on a note which had been executed by defendant on… Carter, Adm'r v. Pinkerton Page 842 This action was commenced by Tom E. Carter, administrator of the estate of John C.… J. R. Watkins Co. v. Palmer Page 843 This action was instituted originally by J.… Hollingshead v. State Page 846 Defendant, Jack Hollingshead, was charged in the court of common pleas of Tulsa county with the crime of omitting to furnish necessary food, shelter and medical attention to his minor child, age two years; was tried before a jury, convicted and sentenced by the court to pay a fine of $250, and serve 90 days in the… Coulson v. State Page 847 The defendant, Maynard Arthur Coulson, was charged in the county court of Grady county with the offense of driving an automobile on a public highway while under the influence of intoxicating liquor; a jury was waived; the defendant was tried, convicted, and sentenced to pay a fine of $50 and has appealed.… Ex Parte Frazier Page 849 This is an original proceeding in habeas corpus instituted by the petitioner, Elmer Frazier, to secure his release from confinement in the State Penitentiary at McAlester.… Heron v. Kelly Page 851 The defendant below, who is the appellee here, has moved for rehearing and upon consideration of the motion, we withdraw our former opinion heretofore filed, substituting this one therefor.… Askew v. Rice Page 865 This is an action instituted by appellees against the appellant to recover upon a promissory note and for the foreclosure of a lien upon certain shares of stock in the Parquay Royalty Company Inc., attached to the note as security.… McKinney v. Dorlac Page 867 Appellee, Helen McKinney, filed her suit in the District Court of Bernalillo County, under the Workmen's Compensation Act, to recover compensation for the death of her husband, Arthur McKinney, occurring in an automobile accident near Encino, New Mexico, on August 8, 1941.… Anderson v. Contract Trucking Co. Page 873 Amos Anderson, plaintiff-appellee, hereinafter to be referred to as plaintiff, sued for and recovered from defendants-appellants, hereinafter to be referred to as defendants (or employer, or insurer, as the *Page 159 case might be), compensation in the statutory sum of $18 per week for one hundred and ten weeks for… Bland v. Greenfield Gin Co. Page 878 Appellee, Willie Mae Bland, brought suit under the Workmen's Compensation Act, N.M.S.A.… Wood v. Bartolino Page 883 The appellant leased a building to appellees "for use solely as a filling station and not for restaurant or lunch counter purposes," at a rental of $100 per month for a term of five years commencing June 1, 1939.… Colette v. Tidwell Page 891 THESE parties appeared in reverse order in the trial court, and are hereinafter referred to as there, or as Tidwell and Mrs. Colette, respectively.… Jackson v. Price Page 892 delivered the opinion of the court. A replevin action by the titleholder of an automobile, against a parking - lot proprietor who claimed- a lien thereon for storage, and in relation to which, and prior to the institution of the action, the alleged lienor, acting pursuant to ’35 C.S.A., chapter 101, sections 4, 6-14… Portenier v. Walsen Page 894 THE parties to this litigation are before us in reverse order of their positions in the trial court.… Trujillo v. People Page 896 PLAINTIFF in error (20 years of age at the time of the trial) is hereinafter referred to as defendant and the prosecuting witness as Carlson.… In Re Norton Page 899 C. E. Norton, a duly admitted practicing lawyer of this state, was, on October 29, 1942, after a trial thereon, found guilty of unprofessional conduct by a disciplinary committee of the Utah State Bar.… Robert W. Evans, claiming compensation for an injury he sustained while doing some work for tbe Capital Construction Company and Ernest W.… Tomaier v. Tomaier Page 905 Early in 1940 plaintiff Charles Tomaier brought suit against defendant Mildred Tomaier, seeking a divorce and an appropriate division of the community property.… Lay v. Pacific Perforating Co. Page 923 A petition for writ of supersedeas was filed by defendants and appellants pending the appeal in the above entitled case.… Vagim v. Brown Page 923 Plaintiff prosecuted this action against defendant to recover damages because of defendant’s failure *506 to deliver raisins to plaintiff under a written contract.… Larrey v. Sellers Page 927 Plaintiffs brought this action against defendant setting forth in one" count an action on a promissory note in the sum of $1,582.83.… Schaefer v. Lenahan Page 929 Plaintiff brought this action to recover damages for injuries alleged to have been received by her when she fell as a result of stepping into a hole in the sidewalk abutting the real property owned, at the time of the accident, by J.… Simpson v. Wilmer Page 933 Plaintiff sought damages for personal injuries which he claimed were sustained when defendants ejected him from a meeting of the Salvation Army on March 19, 1942.… Kreling v. Superior Court Page 935 Petitioner seeks by prohibition to restrain the Superior Court in and for the County of Los Angeles, and Honorable Stanley Mosk, a judge thereof, from hearing and trying three certain actions now pending in that court, and in which actions petitioner is named as a party plaintiff or defendant.… Bush v. Los Angeles Railway Corp. Page 941 Defendant appeals from an order granting plaintiff’s motion for a new trial.… McMorris v. Pagano Page 944 In 1919 one E. P. Smith held title to the south 87% feet of lots 17 to 20, inclusive, in block 6, Orchard Hill Addition to the city of Fresno.… Kramer v. Watnick Page 947 In this action plaintiff asked the court to declare that his daughter, Sarah R.… In Re McManus Page 948 By means of habeas corpus the petitioner Patrick Joseph McManus seeks to obtain his release from the Mendocino State Hospital, pursuant to section 6760 of the Welfare and Institutions Code, for the purpose of enabling him to defend himself on a charge of murder which is pending against him in the Superior Court of Los… Estate of King Page 952 This is an appeal by contestant, Gladys C.… This is an appeal from a judgment and decree wherein the court, applying the equitable doctrine of cy pres, ordered that a bequest of $25,000 “To the Grand Parlor of Native Sons of the Golden West, for cooperation with The Society of California Pioneers, in erecting a pioneer monument on Telegraph Hill in San… O'Connell Gold Mines, Ltd. v. Baker Page 967 The appellants contend that because plaintiff had surrendered its right to “transact intrastate business in this State” (sec.… People v. Gibson Page 971 The defendant was convicted under section 503 of the Vehicle Code of feloniously driving an automobile without the consent of the owners, and with intent to deprive the owners of the temporary possession of the vehicle.… Barry v. Maddalena Page 974 —As heirs at law of Bobert Emmett Barry, appellants sought damages from defendants resulting from the wrongful death of deceased.… Dillman v. McColgan Page 978 Plaintiff, as executor of the last will and testament of Charles Francis Dillman, deceased, brought this action in September, 1939, to recover from defendants the sum of $1466.64 which had been paid by decedent as personal income taxes.… O'ROURKE v. Teeters Page 983 From a judgment enjoining the enforcement of a county, zoning ordinance 1 in so far as the ordinance prohibits plaintiffs from using a portion of their residence as a display room and office in which to display sundry electrical fixtures, and in which they keep certain office supplies, defendants appeal.… Cooper v. Cooper Page 986 THE parties to this action are before us in reverse order of their appearance in the trial court.… Beckley v. Industrial Commission Page 990 THIS is a workmen's compensation case. Plaintiff in error, the claimant, was injured February 26, 1937 in a mine explosion.… Hicks v. People Page 992 THE plaintiff in error was convicted of a conspiracy to obtain money from Jefferson county by means of the confidence game.… Mountain Refining Co. v. Heald Page 992 delivered the opinion of the court. Plaintiffs in error are hereinafter designated as Mountain and Apex, and defendants in error as Heald and Cheesman, respectively.… This is an original proceeding brought by Massachusetts Bonding Insurance Company and J.E.… This is an appeal by the protestants from a judgment of the Court of Tax Review denying their protests as to tax levies for Seminole county in two school districts, consolidated school district No. 2 and joint consolidated school district No. 4.… King v. Slepka Page 1002 This action was brought by Willie King, by Crittenden Smith, his next friend, to cancel a certain resale tax deed and a subsequent commissioners' deed.… Upshaw v. Champlin Refining Co. Page 1008 This is an original proceeding commenced here by an injured workman to review an order of the State Industrial Commission dismissing his application to reopen his cause on *Page 33 the ground of change of condition, and to award compensation for permanent total disability.… Brown v. Butler Page 1010 This is an appeal by the plaintiff in error from a final order entered on the 15th day of December, 1941.… Relator seeks a writ of supervisory control or other appropriate writ to require the respondent district court and the judges thereof to quash the service of summons in two cases in which it is named as defendant, its motions to that effect having been denied by the respondents.… Gonzales v. Pecos Valley Packing Co. Page 1017 Plaintiff workman suffered an industrial injury by accident resulting in the loss by severance of his left arm, his non-dexterous member, between the wrist and elbow.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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