13 Maine opinions name it 2 courts 1948–2021 1 in the last five years
The cases below were cited by Maine 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.
| Case | Followed | Cited |
|---|---|---|
Westmark Asset Management Corp. v. Josephgreen2 sentences2014Corp. v. Joseph, 37 P.3d 516, 519 (Colo.App.2001) (citing Steadman v. Sec. & Exch. 2014Corp. v. Joseph, 37 P.3d 516, 519 (Colo. App. 2001) (citing Steadman v. Sec. & Exch. | 1 | 1 |
Decorah State Bank v. Zidlickygreen1 sentence1998The dragnet clause therefore “is not a favorite of the law and is subject to interpretation and construction.” Id. (quoting Emporia State Bank and Trust Co. v. Mounkes, 214 Kan. 178 , 519 P.2d 618, 620 (1974)); see Decorah State Bank v. Zidlicky, 426 N.W.2d 388, 390 (Iowa 1988) (dragnet clauses are strictly construed against the mortgagee). [¶ 13] As noted previously, the mortgage deed in this case provided that it covered “future advances made by the Mortgagee to the Mortgagor at the option of the parties hereto.” 6 Although we find no precedent involving the proper construction of this phras | 1 | 1 |
Emporia State Bank & Trust Co. v. Mounkesgreen2 sentences1998The dragnet clause therefore “is not a favorite of the law and is subject to interpretation and construction.” Id. (quoting Emporia State Bank and Trust Co. v. Mounkes, 214 Kan. 178 , 519 P.2d 618, 620 (1974)); see Decorah State Bank v. Zidlicky, 426 N.W.2d 388, 390 (Iowa 1988) (dragnet clauses are strictly construed against the mortgagee). [¶ 13] As noted previously, the mortgage deed in this case provided that it covered “future advances made by the Mortgagee to the Mortgagor at the option of the parties hereto.” 6 Although we find no precedent involving the proper construction of this phras 1998The dragnet clause therefore “is not a favorite of the law and is subject to interpretation and construction.” Id. (quoting Emporia State Bank and Trust Co. v. Mounkes, 214 Kan. 178 , 519 P.2d 618, 620 (1974)); see Decorah State Bank v. Zidlicky, 426 N.W.2d 388, 390 (Iowa 1988) (dragnet clauses are strictly construed against the mortgagee). [¶ 13] As noted previously, the mortgage deed in this case provided that it covered “future advances made by the Mortgagee to the Mortgagor at the option of the parties hereto.” 6 Although we find no precedent involving the proper construction of this phras | 1 | 1 |
State v. Corbettgreen1 sentence1996Corbett , at 224. | 1 | 1 |
State v. Dumontgreen1 sentence1991The guiding principle for the court in deciding both the information to use and how that information is to be presented is “that a sentence must be based on reliable factual information.” State v. Dumont, 507 A.2d 164, 167 (Me.1986). | 1 | 1 |
Field v. Hanscombgreen2 sentences1976The basic guiding principle was stated simply: “The comparative value of each share is the criterion, by which equality of partition is to be ascertained.” Field v. Hanscomb, 15 Me. 365, 367 (1839). 1976The Field Court made it clear that it entertained no illusion that equal acreage would always result in equal value by adding: “Probably in a majority of cases, this could not be effected by a division, having reference to quantity only.” 15 Me. at 367 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brentwood Academy v. Tennessee Secondary School Athletic Assn.
green
1 sentence2021The guiding standard for determining whether the conduct of private actors constitutes state action is as follows: "state action may be found if, though only if, there is such a close nexus between the State and the challenged action that seemingly private behavior may be fairly treated as that of the State itself." Id. | 1 | 2021–2021 |
State v. Bickart
green
1 sentence2009The State chose not to seek admission of other, more potentially prejudicial photos that showed more of the victim’s body. [¶ 25] As we observed in Bickart , “[e]riminal juries are frequently required to consider photographic evidence that depicts gruesome, abhorrent or shocking images.” 2009 ME 7, ¶ 40 , 963 A.2d at 194 . | 1 | 2009–2009 |
Canal National Bank v. Becker
green
1 sentence1998The dragnet clause therefore “is not a favorite of the law and is subject to interpretation and construction.” Id. (quoting Emporia State Bank and Trust Co. v. Mounkes, 214 Kan. 178 , 519 P.2d 618, 620 (1974)); see Decorah State Bank v. Zidlicky, 426 N.W.2d 388, 390 (Iowa 1988) (dragnet clauses are strictly construed against the mortgagee). [¶ 13] As noted previously, the mortgage deed in this case provided that it covered “future advances made by the Mortgagee to the Mortgagor at the option of the parties hereto.” 6 Although we find no precedent involving the proper construction of this phras | 1 | 1998–1998 |
Federal Communications Commission v. Beach Communications, Inc.
green
1 sentence1994F.C.C., — U.S. at -, 113 S.Ct. at 2101-02 . | 1 | 1994–1994 |
Tibbetts v. Tibbetts
green
2 sentences1980In Tibbetts v. Tibbetts, supra, we stated: The shared enterprise or partnership theory of marriage is a major guiding principle in the separation and division of property at divorce. 1980Id., 406 A.2d at 76 . | 1 | 1980–1980 |
Pennsylvania Coal Co. v. Mahon
green
2 sentences1970A guiding principle appears in the frequently cited case of Pennsylvania Coal Company v. Mahon et al., 260 U.S. 393, 413 , 43 S.Ct. 158, 159-160 , 67 L.Ed. 322 (1922) where Mr. Justice Holmes declared: “Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. 1970A guiding principle appears in the frequently cited case of Pennsylvania Coal Company v. Mahon et al., 260 U.S. 393, 413 , 43 S.Ct. 158, 159-160 , 67 L.Ed. 322 (1922) where Mr. Justice Holmes declared: “Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. | 1 | 1970–1970 |
National Broadcasting Co. v. United States
green
2 sentences1970National Broadcasting Co. v. United States (1943) 319 U.S. 190, 217 , 63 S.Ct. 997, 1009 , 87 L. 1970National Broadcasting Co. v. United States (1943) 319 U.S. 190, 217 , 63 S.Ct. 997, 1009 , 87 L. | 1 | 1970–1970 |
Maine v. United States
green
1 sentence1970Inhabitants of Town of Ashland v. Wright, 139 Me. 283 , 29 A.2d 747 .” When “words are free from doubt,” they are the “final expression of the legislative intent.” They are not free from doubt when they lead to “absurd or wholly impracticable consequences.” State of Maine v. United States (1943) 1 Cir., 134 F.2d 574 . | 1 | 1970–1970 |
Inhabitants of Ashland v. Wright
neutral
2 sentences1970Inhabitants of Town of Ashland v. Wright, 139 Me. 283 , 29 A.2d 747 .” When “words are free from doubt,” they are the “final expression of the legislative intent.” They are not free from doubt when they lead to “absurd or wholly impracticable consequences.” State of Maine v. United States (1943) 1 Cir., 134 F.2d 574 . 1970Inhabitants of Town of Ashland v. Wright, 139 Me. 283 , 29 A.2d 747 .” When “words are free from doubt,” they are the “final expression of the legislative intent.” They are not free from doubt when they lead to “absurd or wholly impracticable consequences.” State of Maine v. United States (1943) 1 Cir., 134 F.2d 574 . | 1 | 1970–1970 |
Moore v. Emery
green
1 sentence1948There is no particular magic in isolated phrases,” as was stated by Justice Thaxter in Moore v. Emery, 137 Me. 259, 277 ; 18 A. (2nd) 781, 790. | 1 | 1948–1948 |
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.