tag:blogger.com,1999:blog-464614712081571778Fri, 27 Sep 2024 04:21:48 +0000lawcourttrialbusinessjurisdictionplaintiffpropertyCaliforniaSupreme CourtUnited Statescontractscorporationdefendantsevidencefederal lawforeignlegislatureopinionBenningtonCanadaLas VegasLong BeachLos AngelesOrange CountyRhode IslandVermontVirginiaabuse of discretionalienationassigneecasecause of actioncommon lawconductconflictconflict of lawscontinuancecorporationscounselcourtscriminaldefendantdomesticeminent domainestoppelexceptionsfederalfederal policyinjunctive reliefinsuranceinternationalinterstate commercejudicialjurylaborlawfullawsuitlegislative intentlitigationmotion for continuancemoviesovertimepersonaltyplaintiffsprejudiceprejudicialprocedurepublic interestquantum meruitreal estateresolutionright of waystatestatement of necessitystatute of fraudstaxtax consequencestheatertortstrade competitionvacationworkhttp://tax-law-central.blogspot.com/noreply@blogger.com (Tax Law Extravaganza)Blogger23125tag:blogger.com,1999:blog-464614712081571778.post-6835667506814155530Sat, 17 Nov 2012 13:53:00 +00002008-11-17T06:19:47.042-08:00businessCaliforniacontractsestoppelinsuranceLas Vegaslawquantum meruitreal estatestatute of fraudsvacationKing v. Tilden Park Estates, 156 Cal.App.2d 824, 320 P.2d 109 (Cal.App. 1 Dist. 1958). KAUFMAN, Presiding Justice. This is an appeal from a judgment of nonsuit in favor of respondents. The motion for a nonsuit as to respondent Pringle-Hurd and Co., Inc., was granted at the conclusion of appellant's opening statement on the ground that the terms of the agreement were not determined http://tax-law-central.blogspot.com/2008/11/king-v-tilden-park-estates.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-6247331164925641594Fri, 21 Nov 2008 21:55:00 +00002008-11-21T13:55:00.163-08:00courtdefendantexceptionsjurylawprocedureThe record discloses defendant had in no manner made its position known to the court below nor was the claimed fault called to its attention either by adequate objection or motion to strike. No question may be brought to this court except that upon which it is made to appear that the trial court has had fair opportunity to pass judgment. We held in City of Barre v. Brown that exceptions http://tax-law-central.blogspot.com/2008/11/exceptions-unnecessary-under-new.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-5572102242711531118Fri, 21 Nov 2008 14:11:00 +00002008-11-21T06:11:00.948-08:00counselcourtdefendantslawConsidering this general proposition that evidence unobjected to is for the jury in the first instance, it clearly became the duty of the defendant to make plainly known to the court its basis for a special charge on the point. Thus, this is not an instance where the court failed to charge fully upon all points of law in the case whether or not it is requested to do so under the rule stated in http://tax-law-central.blogspot.com/2008/11/defendant-cannot-appeal-due-to-failure.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-3503009387619589597Fri, 21 Nov 2008 07:01:00 +00002008-11-20T23:01:00.758-08:00businesscontractscorporationdomesticlawlegislative intentlegislatureThe legislative intent may be summed up to be that a foreign corporation complying with all the requirements of law relative to its doing business in this state shall be as amenable to the laws of this state, and in duty bound to obey them as though it were a domestic corporation. The legislative intent is also clear and plain that a foreign corporation doing business in this state, but http://tax-law-central.blogspot.com/2008/11/legislative-intent-addressed-by-court.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-5042994969022691162Fri, 21 Nov 2008 01:07:00 +00002008-11-20T17:07:00.694-08:00businesscorporationsforeignlawlawfulplaintiffVermontThe 'lawful authority' required by a foreign corporation to do business in this state is that furnished by a 'certificate of authority' from the commissioner of foreign corporations to a foreign corporation. Except as otherwise provided, a foreign corporation shall not do business in this state until it has received a certificate of authority from the commissioner of foreign corporations. http://tax-law-central.blogspot.com/2008/11/lawful-authority-for-foreign.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-1115292028465902324Thu, 20 Nov 2008 18:38:00 +00002008-11-20T10:38:00.591-08:00assigneeBenningtoncorporationforeignlawplaintiffRhode IslandThe plaintiff, a Rhode Island Corporation, brought an action in contract against the defendants in the Bennington County Court for the digging of a well on the defendant's premises pursuant to a contract between the parties. The case was heard by the court, without jury; findings of fact were made, and judgment was entered for the plaintiff. Defendant has appealed here from the judgment below.http://tax-law-central.blogspot.com/2008/11/rhode-island-corporation-sues-over.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-7497599792903792542Thu, 20 Nov 2008 12:25:00 +00002008-11-20T04:25:01.451-08:00courtcriminalevidencelawprejudicetrialIn this Court the defendant contends he was fatally prejudiced because this evidence remained in the case without supporting expert testimony as to the fact of pregnancy. Defendant's standing to argue this issue is compromised by the object to the record, because, by failing to object to the testimony, the defendant waived his right, if any, to have this evidence stricken. His argument http://tax-law-central.blogspot.com/2008/11/remaining-evidence-led-to-fatal.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-6436312262076701092Thu, 20 Nov 2008 07:17:00 +00002008-11-19T23:17:00.356-08:00alienationlawlitigationprejudicialIn an action for alienation of his wife's affections, the plaintiff recovered judgment against the defendant. The defendant claims a reversal is required because the failure to strike out certain evidence, the insufficiency of the evidence to support a verdict for the plaintiff and the failure of the trial court to set aside the verdict infected the award with prejudicial error. The http://tax-law-central.blogspot.com/2008/11/action-for-alienation-of-affection.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-1560779040069910249Thu, 20 Nov 2008 02:46:00 +00002008-11-19T18:46:03.173-08:00lawopinionpersonaltypropertyThere are two provisions providing for compensation of the lessee upon termination of the lease in particular fashions. The State has the option to end the lease in two situations. One is, upon due notice, at the close of any term. The other arises if the plaintiff fails to comply with a certain covenant requiring operation of the ski lifts for a certain minimum period. Should the State elect to http://tax-law-central.blogspot.com/2008/11/provisions-for-providing-compensation.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-4186534465705949666Wed, 19 Nov 2008 22:18:00 +00002008-11-19T14:20:17.983-08:00caselawpropertyresolutiontaxtax consequencesThe resolution of this case depends upon the classification of the lift facilities as either real property or personal property. This decision is necessarily peremptory, because the facilities are perhaps truly neither, or a little of both. The requirements of such classification has presented such an acute problem in the law, that a special subgrouping has accumulated its own identity as a http://tax-law-central.blogspot.com/2008/11/impact-of-classification-of-lift.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-43160818521706444Tue, 18 Nov 2008 19:29:00 +00002008-11-18T11:29:00.401-08:00courtdefendantsevidenceinterstate commercelawtrialThe trial court permitted defendants to introduce evidence over objections by plaintiff that theaters with which Local 162 has closed-shop contracts were members of interstate chains. The evidence indicated that different theaters were members of chains such as Fox West Coast, Inter-Mountain Fox Stanley Werner Theatres (a chain of about 200), National Theatres (a chain of about 425), Loew's, http://tax-law-central.blogspot.com/2008/11/court-grants-defendants-permission-to.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-7070257542355392660Tue, 18 Nov 2008 13:31:00 +00002008-11-18T05:31:00.521-08:00lawmotion for continuancepropertyright of waystatement of necessityIn Linggi v. Garovotti the court, in an action to condemn a right of way for a sewer line over adjoining land used for residential purposes, held that the Code of Civil Procedure, which states the requirements of the complaint in an eminent domain action, specifies only that the plaintiff must allege his right to take the property for public use; that in addition, the Code of Civil Procedure http://tax-law-central.blogspot.com/2008/11/court-cites-linggi-for-action-to.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-5406499665756247219Tue, 18 Nov 2008 10:10:00 +00002008-11-18T02:10:00.154-08:00courteminent domainlawlegislaturepublic interesttrialBy the provisions of this act the legislature has declared that the water district shall have and exercise the right of eminent domain for the purpose of obtaining real property to construct and operate spreading grounds to replenish the underground water basin within said district or to augment the common water supplies thereof. The legislative grant of the right of condemnation of property for http://tax-law-central.blogspot.com/2008/11/legislature-grants-water-district-right.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-4815187363045453132Tue, 18 Nov 2008 06:47:00 +00002008-11-17T22:47:00.043-08:00CanadalawlawsuitmoviesovertimetheaterUnited StatesworkThe fact that the defendant is affiliated with the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada, also a defendant herein, and presumably might make the effect of the limitations imposed on the plaintiff's employment felt on a nationwide scale is of no consequence. The employment involved in the present case concerned http://tax-law-central.blogspot.com/2008/11/lawsuit-against-affiliate-of-moving.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-458838823472472014Tue, 18 Nov 2008 03:06:00 +00002008-11-17T19:06:00.980-08:00abuse of discretioncontinuancelawLong BeachLos AngelesOrange CountyplaintiffWe find no abuse of discretion in the denial of the motion for continuance. Appellant further contends that plaintiff was precluded from maintaining this action because of its failure to comply with sections 36 and 41 of the Orange County Water District Act. Section 36 relates to the expenditures by the district in an amount in excess of $5,000, public notice and advertisement for http://tax-law-central.blogspot.com/2008/11/court-finds-no-abuse-of-discretion-in.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-1005901534121192977Tue, 18 Nov 2008 01:41:00 +00002008-11-17T17:41:00.176-08:00courtinjunctive reliefjurisdictionlawLanguage in the opinion suggested that jurisdiction to apply state law was preserved because the plaintiff sought damages rather than an injunction and that the case was distinguishable from the Garner case because there state law attempted to provide a preventive remedy paralleling the preventive remedy available under federal law, whereas 'here Congress has neither provided nor suggested any http://tax-law-central.blogspot.com/2008/11/jurisdiction-preserved-due-to-request.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-3157800838276047823Mon, 17 Nov 2008 22:07:00 +00002008-11-17T14:07:00.974-08:00common lawcourtfederal lawjurisdictionlawopinionA third possible basis for distinction might be found in the court's constant reiteration in its opinion that recovery is grounded on a common-law, apparently as distinguished from a statutory, tort. Why this distinction is relevant to the state's right to grant relief is not clear, unless it suggests a difference between state laws of general application and laws aimed specifically at labor http://tax-law-central.blogspot.com/2008/11/constant-reiteration-that-relief-is.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-1797750419348876855Mon, 17 Nov 2008 19:15:00 +00002008-11-17T11:15:00.227-08:00conflict of lawslawSupreme CourttortsVirginiaThe Laburnum case illustrates this last situation. There was no conflict between the federal and state substantive rules because the conduct was a tort under Virginia law and an unfair labor practice under the federal statute. There could be no conflict in the application of these rules because of the violent nature of the conduct involved, an element whose presence is underlined by the later http://tax-law-central.blogspot.com/2008/11/court-looks-to-laburnum-case-to-resolve.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-7597455985649101708Mon, 17 Nov 2008 15:55:00 +00002008-11-17T07:55:02.583-08:00conductconflictfederal policylawSupreme CourtUnited StatesFinally, since the state sought to compensate for a completed wrong rather than parallel the preventive remedy available through the Board, the danger of conflict with federal policy was further reduced. However, since damages are a means of enforcing policy and controlling conduct, although somewhat less direct than an injunction, the form of the remedy alone would not seem to be the http://tax-law-central.blogspot.com/2008/11/inherent-dangers-of-conflict-with.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-241600782008025990Mon, 17 Nov 2008 12:36:00 +00002008-11-17T04:36:00.864-08:00cause of actionjudicialjurisdictionlawplaintiffstrialBecause of the danger of conflict in the application of state law with the National Labor Relations Board's application of the federal statute, the trial court was without jurisdiction to issue an injunction. I am of the opinion that for the same reason it was without jurisdiction to award damages. Furthermore, even if the federal statute does not bar an award of damages, plaintiffs have http://tax-law-central.blogspot.com/2008/11/dissent-plaintiffs-have-no-cause-of.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-1816100082664060029Mon, 17 Nov 2008 07:06:00 +00002008-11-16T23:06:00.953-08:00Californiacourtlawtrade competitionThe reasons for permitting picketing to compel a closed shop even when none of the employees belong to the picketing union were articulated in C. S. Smith Metropolitan Market Co. v. Lyons: 'The members of a labor organization may have a substantial interest in the employment relations of an employer although none of them is or ever has been employed by him. The reason for this is that the http://tax-law-central.blogspot.com/2008/11/law-established-in-tilford-line-of.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-8622781530185954723Mon, 17 Nov 2008 04:46:00 +00002008-11-16T20:50:37.210-08:00courtsfederal lawinternationallawFrom this review of the cases it is clear that, as to labor disputes to which federal law is in no way applicable, picketing to compel an employer to sign a closed shop agreement is picketing for a lawful purpose even when none of the employees are union members. We are now told, however, that these cases have been superseded, in many respects by later law both statutory and decisional, and that http://tax-law-central.blogspot.com/2008/11/cases-where-federal-law-not-applicable.htmlnoreply@blogger.com (Tax Law Extravaganza)0tag:blogger.com,1999:blog-464614712081571778.post-1745910636557989049Mon, 17 Nov 2008 04:42:00 +00002008-11-16T20:45:21.112-08:00federallaborlawstateMuch has happened in the field of labor law since our decision in the Park & Tilford case, especially in regard to the relation between state and federal law. In the Park & Tilford case we felt it necessary indirectly to enforce federal law through our own rule prohibiting concerted activity for an unlawful purpose, since there appeared to be no other way to protect federal policy from http://tax-law-central.blogspot.com/2008/11/labor-law-following-park-and-tilford.htmlnoreply@blogger.com (Tax Law Extravaganza)0