us/court/R23_Orders/AppellateCourt/2013/5thDistrict/5110573_R23.pdf Part Three Facts Plaintiff‚ Sally Sanders filed a complaint in the circuit court of Williams County against defendant‚ Fred Williams. Sanders claimed that Williams trespassed on a strip of land where their properties meet. Williams counterclaimed to allege adverse possession. After a bench trial‚ the defendant was given a judgment in favor of him. The plaintiff filed an appeal based on the fact that the defendant did
Premium Plaintiff Pleading Court
sale of electronic parts. The plaintiff‚ Assante Technologies is a Delaware corporation with its primary place of business in Santa Clare‚ California. Assante entered into a contract with Unique Technologies‚ located in California; which is the distributor of PMC-Sierra‚ Inc. located in British Columbia‚ Canada. The plaintiff alleges that the Defendant did not meet the specific technical specifications of the order as stated in the contract. As a result‚ the Plaintiff sued for breach of contract under
Premium United States Jurisdiction Pleading
the judgment in a matter brought to trial by Mr. Bruce as plaintiff against Dr. Dyer as defendant. Facts: The defendant attempted to pass the plaintiffs car on the highway several times‚ during which‚ the plaintiff prevented the defendant from re-entering the traffic lane by increasing his speed. After being followed for 16 km‚ the plaintiff stopped his car on the paved portion of the highway to block the defendants’ passage. The plaintiff then emerged from his car shaking his fist and walked towards
Premium Legal terms Plaintiff Defendant
Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-6515 October 18‚ 1954 DAGUHOY ENTERPRISES‚ INC.‚ plaintiff-appellee‚ vs. RITA L. PONCE‚ with whom is joined her husband‚ DOMINGO PONCE‚ defendants-appellants. Marcelino Lontok and Marcelino Lontok‚ Jr. for appellants. Zavalla‚ Bautista and Nuevas for appellee. MONTEMAYOR‚ J.: The Daguhoy Enterprises‚ Inc.‚ a local corporation‚ with principal office in the City of Manila filed in the Court of First Instance
Premium Complaint Pleading Mortgage
1. The decision in Williams v Roffey moved away from the actual technicalities of finding traditional consideration‚ to actually looking at the factual benefit which a promisor may gain. In this sense it was stated that the duty to perform an existing contract could be good consideration so long as some kind of benefit went to the promisor‚ whereas previous to this performance of an existing contract was in fact no consideration‚ (as stated in Stilk v Myrick). This decision developed the doctrine
Premium Money Contract Plaintiff
Durando and Gustave Dotoli v. Nutley Sun and North Jersey Media Group‚ Inc.‚ the Plaintiffs failed to prove the Nutley Sun meant to cast a false light on their charges filed by the SEC. 209 N.J. 235 (2011). Citing the two Plaintiffs were being charged with criminal activity and not arrested‚ Nutley Sun accidently misreported the facts as the opposite. The courts did find for the defendants; as the headline claiming the Plaintiffs were arrested was not done with malice intent nor‚ what the newspaper truly
Premium Blog Plaintiff Defendant
1. Is the statement defamatory? TEST: Is it a statement which tends to lower the claimant in the estimation of right thinking member of society’ (Slim v Stretch) Where the claimant is ‘shunned or avoided’ (Youssoupoff v MGM Pictures) as a result of the statement. ‘Ordinary and reasonable person’ - fair-minded‚ neither unduly suspicious nor unduly naïve‚ nor avid for scandal‚ nor bound to select one defamatory meaning when non-defamatory meanings are available Lewis v Daily Telegraph Who decides
Premium Plaintiff Defendant Legal terms
Question: Nur Aini‚ a highly stressed-rich widow‚ was enticed into joint a group as a Way of Life (PAWOL) by Alias‚the leader of the group. Alias promised Nur Aini that by transferring‚ all her wealth to him‚ he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words‚ Nur Aini transferred all her wealth to Alias and stayed together other followers. Two years after joining the group‚ Nur Aini realized that she had been tricked into parting
Premium Contract law Contract Misrepresentation
THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING‚ ) ) Plaintiff. ) ) ) v. ) ) ANHEUSER-BUSCH COMPANIES‚ INC. ) ) Defendant. ) ____________________________________) COMPLAINT Comes Now the plaintiff‚ Justin King‚ by and through his attorney‚ states as follows: PARTIES AND JURISDICTION 1. Plaintiff‚ for all times mentioned herein‚ was and is a resident of Cook County‚ State of Illinois. 2. Defendant is
Premium Jury Law Common law
consists of assault‚ battery and false imprisonment. The first issue is whether the act of Alice showing her fist to Robert constituted to assault. Assault is according to Winfield can be interpreted as an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of the battery on him by the defendant. There are four elements which needs to be established before saying that person is committing an assault which are the defendant state of mind‚ reasonable apprehension
Premium Plaintiff Tort Defendant