Facts: This case concerns trover, an action at common law to recover the value of personal property which was disposed of improperly by another. It concerns the market value of 242 cords of timber, which was harvested from public land given to an Indian reservation. The timber was cut when those that cut the timber knew it was Indian property on Indian land. The timber was sold by defendant in another town to an awaiting purchaser for value. History: Affirmed. Issue: Is the defendant’s liability the value of the timber that gets added when resold in the market place, or the wholesale value at the place where the timber was cut? Ruling: The court ruled that an unlawful taking, where the thing taken is then marketed for full price, a defendant’s
The main legal issue to examine regarding this case deals with encroachment, which is simply defined as: A possessory right to the property of another that may be acquired by the passage of time. Crockett has well documented existence of the woodlot property dating back over 20 years and was not met with objection on the part of the Smith, who is the true owner. Due to the fact that the plantiff left the defendant undisturbed for over 20 years, he lost his right to dispute to object the encroachment. Smith would have had to make his objections known regarding Crockett’s occupancy in the log cabin, constructed on his wood lot, many years earlier if he wanted to maintain his right to object.
Specifically, the court relied on Gorte v Dept of Transp, 202 Mich App 161, 164; 507 NW2d 797, 799 (1993). In Gorte, the plaintiff filed a complaint for adverse possession against the state on March 3, 1988 claiming that he held title to land via adverse possession from the state. Id. at 164. MCL 600.5821 was amended to preclude adverse possession claims against the state and became effective on March 1, 1988, prior to the filing of the lawsuit. Id. The trial court held that since 1966, plaintiff and his predecessors had adversely possessed the disputed acreage and that the amendment to MCL 600.5821 did not bar plaintiff’s adverse possession claim because he had a vested property right before March 1, 1988. Id. In affirming the trial court, the Court of Appeals
1. The Mashpee Wamponoag lost their 1976 lawsuit seeking to reclaim approximately 16,000 acres that had previously belonged to them on Cape Cod. Which of the following was not true regarding the case?
Background of the case: The issue of the case was that Ogden sued Gibbons when he started operating a ferry service. The defendant said that his ferry was licensed and that he had the right to operate his ferry in that location as well.
Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.
Lisa Levan 231 Rasberry St. Bethlehem, Pa. 18018 (610) 442-6327 was advised of the identity of Investigator Sean P. Brennan and of the confidential nature and purpose of the interview, Levan, provided the following information:
The government offered 3 million dollars for the land, but the Tuscarora’s refused. In the perspective of the natives, they wanted to at least keep the land they were forced to survive on. Since the war, they had molded their new lives and experiences on the reservation and did not want the government to control where they could roam once again. This case made its way to the U.S. Supreme Court, but not surprisingly, the court ruled against the tribe. It was stated that the land had belonged to a tribe and not the government, thus making the land something the government did not have to federally protect.
• The infringement serves a “valid legislative objective.” The court suggested a valid legislative objective would be conservation of natural resources, in which First Nations interest would come second only to that;
By which became a contract on 11/28/2010 we were charged $2500 for legal services but the contract states deposit is not refundable under any circumstances. My first payment started on 11/12/2010 for the total amount of $1,020.00 when I made my first payment I took all my required documents to fill out all the packets I was given for immigration to send them, the benefited are Rogelio Medina and Norma Medina. The request was from our son Jesus Medina. On 7/21/2011 I was sent an appointment for my finger prints before that I received receipts of payments which I made on 6/15/2011 for the amounts of $420 and $1,070 plus $1,000 on 9/6/2011 for the total amount of 2,490 I was also charged and extra 1,250 for his service making the grand total
Exercising personal jurisdiction over SET would not comport with due process under either federal or Illinois constitutions, because Plaintiff cannot meet the standard to satisfy the federal due process requirements. Federal due process requires Plaintiff to establish: “(1) the nonresident defendant had ‘minimum contacts’ with the forum state such that there was ‘fair warning’ that the nonresident defendant may be hauled into court there; (2) the action arose out of or related to the defendant's contacts with the forum state; and (3) it is reasonable to require the defendant to litigate in the forum state.” Keller, 834 N.E.2d at 936.
There has been a matter at my school that I would like to make you aware of. This matter has several components that may need further attention from our litigation department. Smart Sue has complained about possible drugs intended for distribution both in her classmate’s, Risky Ralph, locker and in his car. This is the culmination of issues between Smart Sue and an afterhours religious group that Risky Ralph leads. After some investigation and applying the ruling from Donovan v Punxsutawney, I have determined that the religious group has not violated the separation of church and state laws which Smart Sue alleges they did. Their club is held after school and any religious materials they hand out occurs during lunch, which is a
Facts: This is a case about trespassing. Two hunters, Post (P) and Pierson (D), were chasing the same fox. The land they were hunting on belonged to someone else. P had trapped the fox, but then D came in and killed it and took it as his own. P claimed he had control over the fox at the time D killed it and therefore had title to the fox. D argued the opposite. D appealed as P won the case.
Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries?
The courts ruled that the plaintiff had not right to use such coercive methods when competing for business and the liability was clear in this circumstance. The defendant was awarded $1250.00 by the plaintiff for compensatory damages and $4000.00 was awarded by the association for exemplary damages. Plaintiff attempted to appeal stating the awarded amount was excessive; the courts ruled that the amount awarded was not excessive and denied the appeal from the plaintiff. No dissenting opinion was made.
The Parties involved: Peter O. Mattei (Appellant) vs. Amelia F. Hopper (Respondent) Counselors: Jay R. Martin and William F. Sharon (Counselors for Appellant.) Carlson, Collins, Gordon & Bold, George R. Gordon, John L. Garaventa and Dean Ormsby (Counselors for Respondent). Mattei is a real estate developer who was planning to build a shopping center on land that was owned by Hopper. Mattei approached Hopper, the owner of said property with an offer of $57,000, which both parties agreed on.