illustration principle (California) · Go Syfert
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illustration principle in California

15 California opinions name it 4 courts 1919–2018 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
United States v. Hendlergreen
scotus · 1938 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992Under that rule, the "discharge of liability by the [third party's] payment of the [first party's] indebtedness constitute[s] income to the [first party] and is to be treated as such." ( United States v. Hendler (1938) 303 U.S. 564, 566 [ 82 L.Ed. 1018, 1019-1020 , 58 S.Ct. 655 ]; accord, e.g., Diedrich v. Commissioner, supra, 457 U.S. at p. 195 [72 L.Ed.2d at pp. 781-782].) An illustration of this principle is found in Old Colony Trust Co. v. Comm'r Int.

1992Under that rule, the "discharge of liability by the [third party's] payment of the [first party's] indebtedness constitute[s] income to the [first party] and is to be treated as such." ( United States v. Hendler (1938) 303 U.S. 564, 566 [ 82 L.Ed. 1018, 1019-1020 , 58 S.Ct. 655 ]; accord, e.g., Diedrich v. Commissioner, supra, 457 U.S. at p. 195 [72 L.Ed.2d at pp. 781-782].) An illustration of this principle is found in Old Colony Trust Co. v. Comm'r Int.

11
Diedrich v. Commissionergreen
scotus · 1982 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992Under that rule, the "discharge of liability by the [third party's] payment of the [first party's] indebtedness constitute[s] income to the [first party] and is to be treated as such." ( United States v. Hendler (1938) 303 U.S. 564, 566 [ 82 L.Ed. 1018, 1019-1020 , 58 S.Ct. 655 ]; accord, e.g., Diedrich v. Commissioner, supra, 457 U.S. at p. 195 [72 L.Ed.2d at pp. 781-782].) An illustration of this principle is found in Old Colony Trust Co. v. Comm'r Int.

1992Under that rule, the “discharge of liability by the [third party’s] payment of the [first party’s] indebtedness constitute^] income to the [first party] and is to be treated as such.” (United States v. Hendler (1938) 303 U.S. 564, 566 [ 82 L.Ed. 1018, 1019-1020 , 58 S.Ct. 655 ]; accord, e.g., Diedrich v. Commissioner, supra, 457 U.S. at p. 195 [72 L.Ed.2d at pp. 781-782].) An illustration of this principle is found in Old Colony Trust Co. v. Comm’r Int.

11
Baldwin v. G. A. F. Seelig, Inc.green
scotus · 1935 · cited in 1 California opinions naming this issue, 1972–1972
2 sentences

1972Seelig, 294 U.S. 511, 526-527 [ 79 L.Ed. 1032, 1040 , 55 S.Ct. 497 , 101 A.L.R. 55 ]; see also E.

1972Seelig, 294 U.S. 511, 526-527 [ 79 L.Ed. 1032, 1040 , 55 S.Ct. 497 , 101 A.L.R. 55 ]; see also E.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (24)

CaseCitedYears
People v. Ruster green
cal · 1976
2 sentences

2018Ruster (1976) 16 Cal.3d 690 , 129 Cal.Rptr. 153 , 548 P.2d 353 , overruled on a different point as stated in People v. Jenkins (1980) 28 Cal.3d 494 , 503-504, footnote 9, 170 Cal.Rptr. 1 , 620 P.2d 587 .

2018When determining whether the Williamson rule applies to a special statute, courts must look to its entire statutory context. “ ‘If it appears from the entire context that a violation of the “special” statute will necessarily or commonly result in a violation of the “general” statute, the Williamson rule may apply even though the elements of the general statute are not mirrored on the face of the special statute.’ ” (Murphy, supra, 52 Cal.4th at p. 87 .) An illustration of this principle is found in People v. Ruster (1976) 16 Cal.3d 690 , overruled on a different point as stated in People v. Je

22018–2018
People v. Jenkins green
cal · 1980
2 sentences

2018Ruster (1976) 16 Cal.3d 690 , 129 Cal.Rptr. 153 , 548 P.2d 353 , overruled on a different point as stated in People v. Jenkins (1980) 28 Cal.3d 494 , 503-504, footnote 9, 170 Cal.Rptr. 1 , 620 P.2d 587 .

2018When determining whether the Williamson rule applies to a special statute, courts must look to its entire statutory context. “ ‘If it appears from the entire context that a violation of the “special” statute will necessarily or commonly result in a violation of the “general” statute, the Williamson rule may apply even though the elements of the general statute are not mirrored on the face of the special statute.’ ” (Murphy, supra, 52 Cal.4th at p. 87 .) An illustration of this principle is found in People v. Ruster (1976) 16 Cal.3d 690 , overruled on a different point as stated in People v. Je

22018–2018
People v. Murphy green
cal · 2011
2 sentences

2018When determining whether the Williamson rule applies to a special statute, courts must look to its entire statutory context. " 'If it appears from the entire context that a violation of the "special" statute will necessarily or commonly result in a violation of the "general" statute, the Williamson rule may apply even though the elements of the general statute are not mirrored on the face of the special statute.' " ( Murphy , supra , 52 Cal.4th at p. 87 , 127 Cal.Rptr.3d 78 , 253 P.3d 1216 .) An illustration of this principle is found in People v .

2018When determining whether the Williamson rule applies to a special statute, courts must look to its entire statutory context. " 'If it appears from the entire context that a violation of the "special" statute will necessarily or commonly result in a violation of the "general" statute, the Williamson rule may apply even though the elements of the general statute are not mirrored on the face of the special statute.' " ( Murphy , supra , 52 Cal.4th at p. 87 , 127 Cal.Rptr.3d 78 , 253 P.3d 1216 .) An illustration of this principle is found in People v .

22018–2018
People v. Descartes green
prsupreme · 1937
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.' " (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) [3b] Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal.L.Rev. 58- 59) and failed to apply a portion of t

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
Gallian v. Riemer green
calctapp · 1945
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
Johnson v. Kishel neutral
calctapp · 1948
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.' " (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) [3b] Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal.L.Rev. 58- 59) and failed to apply a portion of t

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
Estate of Clark green
calctapp · 1944
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
Estate of Welch green
calctapp · 1948
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.' " (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) [3b] Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal.L.Rev. 58- 59) and failed to apply a portion of t

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
Klein Olsen v. Martin neutral
calctapp · 1937
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
In re Estate of Cavarly green
· 1897
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.' " (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) [3b] Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal.L.Rev. 58- 59) and failed to apply a portion of t

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
Bank of Italy v. Newman green
calctapp · 1924
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

21957–1957
United States Fidelity & Guaranty Co. v. First National Bank of Monrovia green
calctapp · 1912
2 sentences

1998Bk. (1912) 18 Cal.App. 437 [ 123 P. 352 ] provides a classic illustration of the principle.

1998Bk. (1912) 18 Cal.App. 437 [ 123 P. 352 ] provides a classic illustration of the principle.

11998–1998
Old Colony Trust Co. v. Commissioner green
scotus · 1929
2 sentences

1992Rev. (1929) 279 U.S. 716 [ 73 L.Ed. 918 , 49 S.Ct. 499 ].

1992Rev. (1929) 279 U.S. 716 [ 73 L.Ed. 918 , 49 S.Ct. 499 ].

11992–1992
Morrison v. Townley green
calctapp · 1969
2 sentences

1970Morrison v. Townley (1969) 269 Cal.App.2d 863 [ 75 Cal.Rptr. 274 ], is a case where defendant driver had been awake for from 21 to 22 hours without rest, had completed a full work day and had done considerable hazardous driving before attending a drive-in movie from which she was returning at the time of the accident.

1970Morrison v. Townley (1969) 269 Cal.App.2d 863 [ 75 Cal.Rptr. 274 ], is a case where defendant driver had been awake for from 21 to 22 hours without rest, had completed a full work day and had done considerable hazardous driving before attending a drive-in movie from which she was returning at the time of the accident.

11970–1970
Brown v. Rudolph green
calctapp · 1934
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

11957–1957
In Re Estate of Blake green
cal · 1910
2 sentences

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

1957C has a remainder vested subject to open and let in other children born to B.’” (See also to the same import, Estate of Welch, 83 Cal.App.2d 391 [ 188 P.2d 797 ]; Estate of Newman, 68 Cal.App. 420 [ 229 P. 898 ]; Estate of Klein, 23 Cal.App.2d 708 [ 74 P.2d 79 ]; Estate of Riemer, 69 Cal.App.2d 634 [ 159 P.2d 677 ].) Estate of Cavarly, 119 Cal. 406 [ 51 P. 629 ], apparently is to the contrary on its assumption that a gift of a future interest to a class was dependent on survival but it misconstrued the authority cited therefor (see 40 Cal. L.Rev. 58-59) and failed to apply a portion of the pro

11957–1957
McDonough v. Goodcell green
cal · 1939
2 sentences

1952In such a case the determination as to whether the board will act is purely administrative, and its discretion cannot be controlled by mandamus.” Interestingly enough, when it came to determining the act of an administrative officer in the initial application for a license, the court came to an opposite conclusion from that reached in the Drummey case involving the revoking of a license (McDonough v. Goodcell, 13 Cal.2d 741 [ 91 P.2d 1035 ]), and held that mandate cannot be used to control the discretion of an administrative officer unless an abuse of discretion is shown. *603 While originally

1952In such a case the determination as to whether the board will act is purely administrative, and its discretion cannot be controlled by mandamus.” Interestingly enough, when it came to determining the act of an administrative officer in the initial application for a license, the court came to an opposite conclusion from that reached in the Drummey case involving the revoking of a license (McDonough v. Goodcell, 13 Cal.2d 741 [ 91 P.2d 1035 ]), and held that mandate cannot be used to control the discretion of an administrative officer unless an abuse of discretion is shown. *603 While originally

11952–1952
Kemp v. Enemark green
cal · 1924
2 sentences

1940An illustration of this principle is found in Kemp v. Enemark, 194 Cal. 748 [ 230 Pac. 441 ], where the husband of plaintiff, by perpetrating a forgery, obtained a loan from a bank.

1940An illustration of this principle is found in Kemp v. Enemark, 194 Cal. 748 [ 230 Pac. 441 ], where the husband of plaintiff, by perpetrating a forgery, obtained a loan from a bank.

11940–1940
People v. French green
cal · 1939
1 sentence

1939As has been said very often, “The act of killing may follow the intent to kill as rapidly as follow the successive thoughts of the mind. ’ ’ (People v. French, 12 Cal. (2d) 720, 745 [ 87 Pac. (2d) 1014 ].) Usually the intent to kill precedes the act by an appreciable period of time, but we have in the present ease an illustration of the rule.

11939–1939
Joint Highway District No. 9 v. Ocean Shore Railroad green
calctapp · 1933
2 sentences

1933Co., 128 Cal. App. 743 [ 18 Pac. (2d) 413 ], seems to be an illustration of the exception.

1933Co., 128 Cal. App. 743 [ 18 Pac. (2d) 413 ], seems to be an illustration of the exception.

11933–1933
Benson v. Bunting green
cal · 1900
1 sentence

1927Rep. 571 ].)” Perry on Trusts and Trustees, sixth edition, volume 1, section 171, pages 268, 269, gives the situation here in an illustration of the doctrine as follows: “Thus, where one buys land at an execution sale, or sale under a trust deed, under an agreement with the debtor that the latter may redeem, the purchaser holds in trust; it would be a fraud to allow him to repudiate the contract, (a) Mere declarations and admissions of the party to be charged accompanying the transfer of title have been held sufficient to raise a trust.” Treating the transaction as one to redeem the property f

11927–1927
O'bear-Nester Glass Co. v. Antiexplo Co. green
· 1908
2 sentences

1924Antiexplo Co., 101 Texas 431 ( 108 S. W. 967 ), where an unpatented proprietary formula was transferred in exchange for stock.

1924Antiexplo Co., 101 Texas 431 ( 108 S. W. 967 ), where an unpatented proprietary formula was transferred in exchange for stock.

11924–1924
Fleishhacker v. Moran green
calctapp · 1918
1 sentence

1919In all cases where the owner is present he will be responsible for injuries sustained by third persons unless the operator disobeys instructions as the owner is in law in control of the vehicle.” We have an illustration of the principle in Crittenden v. Murphy, 36 Cal. App. 803 , [ 173 Pac. 595 ], wherein it is said: “The owner owes the duty to the traveling public to see to it that his car, when driven on the streets, with his permission and for the purposes for which the car was purchased, should be driven carefully and with due consideration to their rights; and the owner should not in good

11919–1919
Crittenden v. Murphy green
calctapp · 1918
1 sentence

1919In all cases where the owner is present he will be responsible for injuries sustained by third persons unless the operator disobeys instructions as the owner is in law in control of the vehicle.” We have an illustration of the principle in Crittenden v. Murphy, 36 Cal. App. 803 , [ 173 Pac. 595 ], wherein it is said: “The owner owes the duty to the traveling public to see to it that his car, when driven on the streets, with his permission and for the purposes for which the car was purchased, should be driven carefully and with due consideration to their rights; and the owner should not in good

11919–1919

Where else courts name it

NY 22 (1833–1982) IL 22 (1866–2013) CA 15 (1919–2018) PA 14 (1846–1979) MD 11 (1895–2016) GA 10 (1852–2017) MO 8 (1871–2010) CT 8 (1934–2012) OR 7 (1908–2007) NC 7 (1876–1959) FL 6 (1962–2012) IA 6 (1903–2011) AL 6 (1846–1985) TX 6 (1941–2001) KS 6 (1900–1952) NM 6 (1913–2025) MN 5 (1890–1954) MI 5 (1899–2021) NJ 5 (1901–2011) WA 5 (1905–2013) CO 4 (1912–2016) WI 4 (1872–1971) TN 3 (1887–1945) UT 3 (1926–1998) LA 3 (1925–1942) NE 2 (1893–1963) SC 2 (1851–2008) WV 2 (1903–1992) AZ 2 (1962–1981) AR 2 (1915–1937) ID 2 (1978–1983) MA 2 (1907–1910) IN 2 (1895–2020) VT 2 (1854–1874)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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