Cases

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WALTER JOSEPH COOK III, No. 17-17257 Petitioner-Appellant, D.C. No. v. 3:15-cv-06343- WHA SCOTT KERNAN, Respondent-Appellee. OPINION Appeal from the United States District Court for the Northern District of California

E. Darwin Smith, J. The plaintiff was not the servant, in the ordinary sense, of the defendant. He was employed by Conley, the defendant’s track-master, at the place where the accident and injury occurred, to use his team temporarily during the day for a special *290work, to scrape the snow from, the defendant’s railroad track, and while so employed received the injury fo

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 101 There can be no doubt, that had the plaintiff been a traveler upon the public highway, whose course took *Page 102 him on this occasion across the track of the defendant's road, he would with like lack of look-out for a coming train have been so chargeable with contributory ne

Timlin, J. The principal error assigned and argued is that the trial court refused to submit to the jury the question of manslaughter in the third degree as defined by sec. 4354, Stats. (1898). That section provides that: “Any person who shall kill another in the heat of passion without a design to effect death, by a dangerous weapon, in any case except such wherein the killing of another is herein dec

Lawrence, J Section 1721 of the Code of Civil Procedure relates to an action for the recovery of a chattel, or in other words to an action of replevin. This is not an action for the recovery of chattels, but an action to recover damages for the wrongful conversion of the bonds mentioned in the complaint, or in other words an action of trover. I am therefore of the opinion that the complaint in this case states

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 318 While the evidence in this case is not as satisfactory as could be wished, yet, under the rules applicable to appeals in this court, it must be considered as established that, in the fall of 1864, Benjamin Chamberlain agreed to pay the plaintiff $2,000 for his interest in the property of the "Luna Lumber Company,"

Martin, J. On-October 8,1885, the attorney general commenced this ease against the defendant, alleging that a certain building therein described, in the city of Atch'isori, is a place where intoxicating liquors are and have been, for several months last past, bartered, sold and given away, and where intoxicating liquors are kept for ■barter, sale and gift, in violation of law; that said place is a nuisance, and that the defendant

Martin, J. On-October 8,1885, the attorney general commenced this ease against the defendant, alleging that a certain building therein described, in the city of Atch'isori, is a place where intoxicating liquors are and have been, for several months last past, bartered, sold and given away, and where intoxicating liquors are kept for ■barter, sale and gift, in violation of law; that said place is a nuisance, and that the defendant

In the United States Court of Appeals For the Seventh Circuit No. 18-1507 JOSEPH WILBORN, Petitioner-Appellant, v. ALEX JONES, Acting Warden, Respondent-Appellee. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 14 C 05469 — John R

In the United States Court of Appeals For the Seventh Circuit No. 18-1507 JOSEPH WILBORN, Petitioner-Appellant, v. ALEX JONES, Acting Warden, Respondent-Appellee. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 14 C 05469 — John R

In the United States Court of Appeals For the Seventh Circuit No. 18-1507 JOSEPH WILBORN, Petitioner-Appellant, v. ALEX JONES, Acting Warden, Respondent-Appellee. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 14 C 05469 — John R

In the United States Court of Appeals For the Seventh Circuit No. 18-1507 JOSEPH WILBORN, Petitioner-Appellant, v. ALEX JONES, Acting Warden, Respondent-Appellee. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 14 C 05469 — John R

Appeal from an order of the Family Court, Erie County (Paul G. Buchanan, J.), entered October 22, 2013 in a proceeding pursuant to Family Court Act article 6. The order terminated respondent’s visitation with the subject child. It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, and the matter is remitted to Family Court, Erie County, for further proceedings in accordance with the fo

Appeal from an order of the Family Court, Erie County (Paul G. Buchanan, J.), entered October 22, 2013 in a proceeding pursuant to Family Court Act article 6. The order terminated respondent’s visitation with the subject child. It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, and the matter is remitted to Family Court, Erie County, for further proceedings in accordance with the fo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 618 CAF 13-02017 PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND WHALEN, JJ. IN THE MATTER OF BARBARA MAJUK, PETITIONER-RESPONDENT, V MEMORANDUM AND ORDER ANTHONY CARBONE, RESPONDENT-APPELLANT. JENNIFER M. LORENZ, LANCASTER, FOR RESPONDENT-APPELLANT. ELIZABETH CIAMBRONE, BUFFALO, FOR PETITIONER-RESPONDENT. JOSEPH C. BANIA, ATTORN

139 Nev., Advance Opinion 31- IN THE SUPREME COURT OF THE STATE OF NEVADA ZANE MICHAEL FLOYD, No. 84081 Appellant, vs. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND JAMES DZURENDA, DIRECTOR, SEP 28 2023

RULING ON DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT HAIGHT, Senior District Judge: In this civil rights action pursuant to 42 U.S.C. §§ 1983 and 1988, Plaintiff, a resident of Norwich, Connecticut, claims that Defendants, members of the Norwich Police Department, violated his federal constitutional rights during an altercation in front of plaintiffs home on May 12, 2009. Defendants move f

Appellate Case: 22-8015 Document: 010111038729 Date Filed: 04/26/2024 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS April 26, 2024

669 F.Supp.2d 1135 (2009) David K. ROSS, Jr., aka David Kelvin Ross, Jr., Petitioner v. T. FELKER, Warden, Respondent. Case No. CV 07-0390-MMM(RC). United States District Court, C.D. California. October 30, 2009. *1137 David K. Ross, Jr., Eloy, AZ, pro se. Bradley A. Weinreb, CAAG Office of Attorney General of California,

OPINION BARNES, Judge. Case Summary The Indiana Election Division (“the Division”) appeals the trial court’s grant of a permanent injunction requiring it to certify Leo Burns as a candidate for the office of judge of the Cass County Circuit Court in the November 7, 2006 general election. We affirm. Issue The sole issue we need to address is whether it