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All Reporters → cal → Volume 187

Opinions in cal Volume 187

This matter is before this court on petition for writ of mandate to enforce the dismissal of an action for failure to bring the same to trial within five years after answer filed, as required by section 583 of the Code of Civil Procedure. The action was brought in said superior court by one Ed Metcalf, as plaintiff, against the petitioner here, Rio Vista Mining Company, and others, as defendants. ...
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This appeal is from a judgment in defendant's favor in an action brought against him to enforce *Page 8 contribution as a co-guarantor with plaintiff and others of three certain promissory notes. The defense urged in the answer and at the trial, and insisted upon here, is that the statute of limitations has barred the action. The case was heard by the district court of appeal (first district, div...
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The defendants appeal from a judgment in favor of the plaintiffs in an action by the plaintiffs against the defendants to quiet their title to a strip of land lying along the eastern side of the land in their possession. The real point in dispute at the trial was the location of the dividing line between the plaintiffs' land on the west *Page 16 and the defendants' land on the east. Plaintiffs' l...
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The petitioner, an alien male inhabitant of the state of California of the age of about thirty-five years and a subject of the empire of Japan, is held in custody by the chief of police of the city of Oakland, upon a complaint charging him with having failed to register as required by the terms of an act of the legislature, entitled "An act to add a new chapter to title nine of part three of the P...
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The petitioner, an alien male inhabitant of the state of California of the age of about forty-eight years, and a citizen of the United States of Mexico, is held in custody by the chief of police of the city and county of San Francisco under a complaint charging him with failure to register as required by the terms of the act known as the alien poll tax law of 1921, discussed in the *Page 29 opini...
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This is an appeal on behalf of the state of California from a decree of distribution of the estate of Suzanne Aufret, deceased, distributing the property to the respondents, Mathurin Marie Le Ralle, Marie Louise Bichelot, and Marie Ange Bichelot, in certain proportions not material to the inquiry on this appeal. *Page 35 The record on appeal consists of the following documents: 1. The petition of...
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This is an appeal from a judgment awarding damages to plaintiff for loss by fire of lumber stored on defendant's wharf. The plaintiff, an insurance company, sues on its own and the assigned claims of other insurance companies, arising upon subrogation to the rights of the owners of the lumber, represented by the Union Lumber Company, a corporation, from having paid the losses to the owners upon po...
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The automobile of one H.O. Henderson was damaged in a collision with the automobile of Joseph Anderson. Archibald S. Ralph instituted the present action against said Joseph Anderson for damages, alleging that the collision was the result of defendant Anderson's negligence and that said H.O. Henderson duly assigned, sold, and transferred his claim against the said defendant as sued for in this acti...
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This is an appeal by the surviving wife from a judgment sustaining a will in a proceeding for the revocation of the probate of a will instituted by her. The grounds of contest were undue influence and insanity. The issue of insanity was submitted to the jury and a verdict was rendered in favor of the respondent, sustaining the *Page 52 will. As no substantial evidence of insanity was produced, th...
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This proceeding is one of quo wwrrcmto, instituted by the attorney-general on the relation of Charles Coe. By it the people of the state assail the validity of the consolidation proceedings under which it is claimed by the city of Los Angeles that the city of Sawtelle has become consolidated with and is a part of the city of Los Angeles, and under which the latter city is exercising municipal g...
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This is an appeal by the plaintiff, Mrs. Anna Kinley, from a judgment which she recovered from the administrator of the estate of James Kinley, deceased. The decedent and appellant were husband and wife. The action was brought to recover the sum of $3,444, which appellant had turned over to decedent for investment in street bonds. Up to the time of his death he had made no report on the investment...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 78 This is an appeal from a judgment holding the defendant corporation liable upon a common-law bond given on release of an attachment in an action between the plaintiff and one John Howse. This bond recited that an action was pending wherein it was claimed t...
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The petitioner asks for a writ of prohibition directed to the respondents, who are judges of the superior court, requiring them to desist from the contemplated trial of certain proceedings instituted under and by virtue of an act of the legislature (Stats. 1919, p. 1092, secs. 4, 5) relating to the issuance of bonds for assessments *Page 88 for improvements in the Sacramento and San Joaquin drain...
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This matter comes before this court for hearing from the district court of appeal of the third appellate district upon petition for writ of mandate to require the superior court of the county of Napa to dismiss an action under section 583 of the Code of Civil Procedure, for failure to bring the same to trial within five years after answer filed, in which action one Henry Weaver is named as plainti...
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This is a proceeding by the state controller, under the Inheritance Tax Act, for the collection of inheritance tax alleged to be due upon the estate of Frederick N. *Page 105 Finney, deceased. Julia A. Hathaway is interested in said estate as one of the executors of the will of said decedent under an appointment by the court of probate in the state of Wisconsin, and also as a beneficiary under hi...
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This is an appeal by plaintiff, M.P. Flickinger, from a judgment for the defendants in an action to recover the purchase price of certain corporate stock. On March 1, 1910, J.C. Flickinger purchased twenty-five shares of corporate stock from the defendants and paid therefor the sum of two thousand five hundred dollars. In part consideration for this purchase and other acts on the part of J.C. Flic...
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This is an application for a writ of prohibition to prevent the defendant from proceeding with the trial of the case ofLake v. Sterling Development Co. and others as to certain defendants, upon the ground that the court is precluded from trying the issues between plaintiff and such defendants by reason of a previous adjudication of those rights from which the defendants referred to failed to appea...
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This is an application for the issuance of a writ of review. The petition alleges that at all the times in it mentioned petitioner was a licensed real estate broker, doing business in the county of Alameda, this state; that he was duly served with a complaint filed in a proceeding before the real estate commissioner of the state of California asking the revocation of his license theretofore issued...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 128 Defendant appeals from a judgment in favor of plaintiff in an action to enforce a forfeiture of title to real property in the county of Los Angeles. On July 11, 1910, the Verdugo Canyon Land Company entered into a contract with the defendant, Winifred Mar...
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This action was brought to recover for the loss by fire of 14,526 bags of sugar which the plaintiff Holly Sugar Company had- delivered to the defendant for storage in his concrete fireproof warehouse. The sugar, in the process of transfer from the cars in which it was delivered to the storage warehouse, had been stacked for several days upon the concrete unloading platform between the ware...
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This action was instituted for the recovery of the amount of a life insurance policy issued by the defendant, New York Life Insurance Company, in July, 1910, to plaintiff's son, Charles B. McEwen, who died in November, 1910. Defendant resists payment of the policy upon the ground that the decedent procured the issuance of the policy by means of fraud, concealment, and misrepresentations in answeri...
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This is an appeal by the controller of the state from an order fixing inheritance taxes. The question involved is as to the exemption of the wife's interest in community property under the Inheritance Tax Act of 1917 (Stats. 1917, p. 880), in effect at the time of the death of the decedent, which occurred May 28, 1920. The deceased left property appraised by the inheritance tax appraiser at $1,526...
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This is an appeal by the contestant from a judgment in favor of the petitioner, on a petition to have a publication declared to be a newspaper of general circulation, as that term is defined in section 4460 of the Political Code. The petitioner, D.D. McDonald, was the editor and publisher of the "Ontario Weekly Herald." In accordance with the provisions of section 4462 of the Political Code, he pe...
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This is an appeal by plaintiffs from a judgment of the superior court, given upon sustaining a demurrer to the petition, denying an application for a writ of mandate requiring the corporation and its directors to repurchase from the funds of the corporation certain corporate stock styled “excess stock,” prior to a distribution of the assets of the corporation among the stockholders. It appears ...
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This is an action to recover one thousand dollars damages for slander of title. The defendant interposed a general demurrer to the complaint, which was sustained and judgment entered accordingly, from which plaintiff appeals. The main question thus presented for our consideration is as to whether or not the complaint states facts sufficient to state a cause of action. The slander complained of is ...
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This action was begun by plaintiff to foreclose a purchase money mortgage on land conveyed by plaintiff to defendant. There was a cross-complaint by defendant to recover damages from failure of title to a portion of the land. Judgment was for the defendant, and the plaintiff appeals. The only matters in dispute arise under the averments of the cross-complaint that the agreement with and deed to th...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 183 In this proceeding the plaintiff sought, and was denied,mandamus to compel the defendants, respectively the auditor and the treasurer of the county of Sonoma, to audit and pay the claim of plaintiff presented against said county in the sum of $39.24 for l...
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This is an appeal by the plaintiff from a judgment in favor of the defendant, in an action for the cancellation of four deeds to real property located in several counties of the state, in which Lulu M. McArthur, the original plaintiff herein, was the grantor, and the defendant the grantee, and to quiet the title to the property. Lulu M. McArthur died prior to the trial of the action and Earl J. Mc...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 208 Plaintiff in his second amended complaint alleged that at the time of the commencement of the action he was a minor under the age of twenty-one years, and that Ben Goldstein was the duly appointed, qualified, and acting guardian of his person and estate; ...
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This is an appeal by the people from an order granting a motion in arrest of judgment. Respondent was charged in each of three counts of an indictment with the crime of presenting false proofs in support of a claim upon a policy of insurance, as defined by section 549 of the Penal Code. He had taken out three policies of fire insurance, one each in the Springfield Fire and Marine Insurance Company...
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This is an appeal by R.B. Tappan, executor of the last will of Margaret Graham, deceased, from an order of court denying an allowance, in the final account of the executor, of fees to an attorney employed by said executor in the administration of the estate of said decedent. The executor Tappan is himself a practicing lawyer, and it was the ruling of the probate court that his employment of an att...
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This appeal involves the liability to an inheritance tax in the state of California of certain property interests passing to the defendant and appellant, Rose Skeel Mumford, under the last will of her deceased husband. Both the decedent and the appellant were at the time of the former's death nonresidents of the state of California, having their domicile in New Jersey. The property interest involv...
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From the following facts the present litigation arose: Plaintiffs were the owners of certain land in Kern County, California, and desired to dispose of the same. In June, 1918, plaintiff Frank H. Smith, Sr., held a conversation with defendants R.B. Blodget and T.E. Commins, dealers in real estate, wherein defendant Blodget stated that the Associated Oil Company was interested in purchasing *Page 2...
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The plaintiff in this action recovered judgment against the city of Los Angeles, the defendant, in the sum of five thousand dollars for damages resulting from changing and lowering the grade of streets bordering on plaintiff's lot. Both parties have appealed from the judgment. The defendant appeals on the ground that the street work complained of was done in conformity with the Street Improvement ...
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This is an appeal by the defendant from a judgment in favor of the plaintiff for $3,509.11 and costs, being the full amount demanded in an action in three counts to recover the sum of $250, with interest, on each of two promissory notes signed by the defendant, as maker, and the sum of $2,160.61, with interest, on an alleged account stated. In June, 1911, appellant retained respondent as her attor...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 272 The plaintiff recovered judgment for personal injuries received by her by reason of being thrown *Page 273 from a car of the defendant Railway Company while she was a passenger thereon. The complaint alleges that the car was so negligently operated that ...
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Motion to dismiss appeal, the ground of motion being that the notice of appeal is fatally defective in that it does not state to what court the appeal is taken. The notice is most specific in all other respects, describing with the utmost particularity the judgment from which the appeal was attempted to be taken. Under the provisions of our constitution the only court to which the appeal in thi...
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This is a petition in certiorari to annul an award made by the Industrial Accident Commission in favor of Gus Farsais and against the petitioner, who was the insurance carrier for the San Joaquin Packing Company, the employer of said Farsais. At the time of the injury Farsais was working for the Packing Company, engaged in sweeping the floor of a part of the premises where other employees were put...
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Plaintiff, a taxpayer of the city of Sacramento, instituted this action on behalf of himself and all other taxpayers, seeking thereby an injunction prohibiting the city of Sacramento and various officers thereof from carrying out the provisions of a certain deed conveying real property to the city for park purposes, and to have such deed declared void, the theory of the action being that such acti...
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This is a proceeding in certiorari on a petition by the Great Western Power Company of California, a corporation, to review the action of the respondent Industrial Accident Commission allowing an award against petitioner in favor of respondent E.L. Holbrook for injuries received by him while employed by petitioner. Respondent Holbrook was employed by petitioner in the capacity of pumpman at Belden...
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On the eighth day of February, 1919, a collision occurred between a motor-truck belonging to the fire department of the city of Pasadena responding to a fire-alarm from North Fair Oaks Avenue and an electric railway train operated by the defendant corporation. *Page 303 The motor-truck was moving east on Bellefontaine Street, which terminated in Fair Oaks Avenue, and turned north on Fair Oaks Ave...
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The order granting a rehearing of this case was prompted by the earnest and persuasive petition for a rehearing after decision by the district court of appeal. Here, as in the court of appeal, a reversal was sought primarily upon the contention that the evidence adduced in support of the people's case was so inherently improbable as to be unworthy of belief, and, therefore, insufficient to support...
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Motion to dismiss appeal from order on ground that the same is not an appealable order. The order was one made by the superior court under section 1597 et seq. of the Code of Civil Procedure, directing the executors to transfer and deliver to a third party certain assets of the estate, being certain shares of bank stock. The application for the order and the order were based on a contract for t...
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This is an appeal by the plaintiff from a judgment in favor of the defendant, sustaining a demurrer to the complaint without leave to amend, in an action to recover damages for personal injuries. Appellant was a visitor at the Panama Pacific International Exposition on April 17, 1915. She had purchased a ticket entitling her to admission, and was inside the grounds. Another visitor, operating an e...
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Petitioner seeks a writ of mandate directed to respondent as auditor of Tehama County, commanding him to draw a warrant upon the county treasurer for the payment of petitioner's salary as chief deputy county clerk for the month of November, 1920. The facts are not in dispute. Petitioner on April 5, 1920, was appointed by the county clerk of Tehama County to the *Page 332 position of chief deputy ...
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This is a companion case to Jones v. De Shields, ante, p. 331, [202 P. 137]. Petitioner, Henry Arthur Martin, was appointed by the sheriff of Tehama County to the position of deputy sheriff, but respondent, George M. De Shields, as auditor of said county, refused to draw his warrant on the county treasurer in the sum of *Page 341 $108.33 for petitioner's salary for the month of November, 1920. Th...
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This action is brought by the controller of the state of California, acting under and by virtue of authority conferred upon him by section 3773 of the Political Code, to secure the possession of, and the rents, issues, and profits derived from, certain mining properties described in the complaint. Plaintiff alleges that the state of California ever since July 12, 1910, has been the owner of the re...
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This is an action to recover $8,470.37 damages for the conversion of ninety-four bales of cotton. The plaintiff secured judgment against the defendants R.G. Erskine and C. Curtis for this amount sued for, less a payment of $1,499.80 made after the complaint was filed, but the judgment was in favor of the other defendants, Globe Grain and Milling Company, California Food Products Company, First Nat...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 363 The defendant was charged with the crime of criminal syndicalism under a statute enacted in 1919 (Stats. 1919, p. 281). The indictment in the main follows the language of the statute and the defendant claims that the indictment is not sufficiently specifi...
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The defendant was convicted by a jury of the crime of criminal syndicalism. The indictment contained four counts based upon subdivisions 1, 2, 4, and 5 of section 2 of the Criminal Syndicalism Act of 1919 (Stats. 1919, p. 281). He was convicted upon the first and fourth counts. The first count charged the defendant with the offense of knowingly belonging to an organization advocating sabotage, etc...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 401 This appeal is upon the judgment-roll alone and is from a judgment in favor of plaintiff against the defendant. The allegations of the amended complaint, essential to the determination of the questions presented, are that the parties entered into an agree...
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This is an action brought by a vendee of real estate to recover from the vendor installments of the *Page 410 purchase price paid to him, amounting to $5,600, upon the theory that the contract dated December 4, 1912, had been rescinded by mutual consent. The contract price was $25,000; $5,000 paid upon the execution of the contract; $5,000 and a mortgage for $15,000 for the balance of the purchas...
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This is an application for a writ of mandate to compel the board of supervisors of Sonoma *Page 416 County to appoint a day for the hearing of a petition for the organization of a new county out of territory wholly within the territory of Sonoma County. The petition failed to show that the creation of the new county would not reduce the area of Sonoma County to less than one thousand two hundred ...
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[1] The petition for a writ of mandate herein, directed to the superior court of Los Angeles County, to compel said court to dismiss and quash the indictment pending therein against petitioner or to grant her an immediate trial of said cause, is denied upon the ground that the remedy of the petitioner in this court, after denial of her petition for such mandate in the district court of appeal, is ...
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[1] The petition for a writ of mandate herein, directed to the superior court of Log Angeles County, to compel said court to dismiss and quash the indictment pending therein against petitioner or to grant her an immediate trial of said cause, is denied upon the ground that the remedy of the petitioner in this court, after denial of her petition for such mandate in the district court of appeal, is ...
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[1] The petition for a writ of mandate herein, directed to the superior court of Log Angeles County, to compel said court to dismiss and quash the indictment pending therein against petitioner or to grant her an immediate trial of said cause, is denied upon the ground that the remedy of the petitioner in this court, after denial of her petition for such mandate in the district court of appeal, is ...
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This appeal involves the question of priority of right between the plaintiff and the defendant Thompson, under conflicting certificates of purchase of land from the state of California. The appellant's certificate is prior in time and unless avoided or forfeited, establishes an interest superior to that claimed by respondent. The action was brought to quiet title and the judgment was for plaintiff...
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The petitioner asks for a writ of habeas corpus to discharge him from detention in the Agnews State Hospital at Agnew, California, in pursuance of a commitment under section 2185c of the Political Code. He claims that his commitment is unlawful and that the proceedings are void for the reasons about to be mentioned. The above-named section authorizes the superior court to commit a person to said h...
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The district court of appeal in the above-entitled action rendered an opinion of which the following is a portion: "This is an appeal by the plaintiff from a judgment against it in an action to recover from the defendant, who was formerly its general manager and member of its board of directors, the sum of $300 claimed to have been illegally paid by the plaintiff company to the defendant as salary...
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In the justice's court of the city of Berkeley, county of Alameda, petitioner, Laura Culver, was convicted on a complaint purporting to charge her with the commission of a misdemeanor. She was fined, with the alternative of imprisonment, and, accordingly, upon refusing to pay the fine, was taken into custody and imprisoned by the sheriff of Alameda County. Petitioner subsequently applied to this c...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 445 The amended complaint in this action contains two counts. The first alleges that on June 5, 1916, plaintiff was the owner, entitled to, and in possession of a designated lodging-house in San Francisco, under and by virtue of a certain lease, and on the sa...
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This is an appeal by certain relatives of Catherine Ross, deceased, from an order granting a petition by the administrator for a partial distribution of the estate of the said Catherine Ross. Catherine Ross died intestate March 22, 1916, leaving an estate amounting to upward of fifty thousand dollars. At her death she left neither issue nor surviving father, mother, brother, or sister. She did lea...
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This is a proceeding in certiorari upon a petition by the Federal Mutual Liability Insurance Company to review the action of the Industrial Accident Commission in granting an award to one Bertha Fern Gnash as compensation for the death of one William G. Thompson. Cassander K. Gnash and George Gnash, parents of Bertha Fern Gnash, the claimant, were married in Kansas in 1896 and later moved to Calif...
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The petition for a writ of habeas corpus herein is denied for the following reasons; *480 [1] 1. The superior court of Fresno County has jurisdiction and power to appoint guardians. [2] 2. The fact that the petitioner was the mother of the minor children and as such would be entitled to their guardianship does not make the appointment of K. Kandarian as such guardian void. It is pre...
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Demurrers to the complaint in the present action were sustained without leave to amend and a judgment was rendered in favor of defendants, from which plaintiffs appeal. In the complaint, which is under attack, it is alleged that on July 8, 1907, defendant Forrest S. Rowley was indebted to the partnership of Jones Givens in the sum of ten thousand dollars, the indebtedness being evidenced by two p...
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The plaintiff in this action brought suit to recover the sum of $20,797.17, paid to defendant as part of the purchase price of real estate under a contract which was rescinded by plaintiff, the purchaser, because of failure of title in the defendant, the vendor. Judgment was for plaintiff and defendant appeals. The finding of the trial court that the defendant had no title to the land at any time ...
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The plaintiff brought this action to recover damages from the defendant for alleged slander. The demurrer to the second amended complaint was sustained without leave to amend, Judgment dismissing the action followed, from which judgment this appeal was taken. [1] The respondent makes a preliminary objection and seeks a dismissal of the appeal upon the ground that it was taken from the order sustai...
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The plaintiff having been injured September 23, 1910, by the negligence of the defendant in starting its street-car while she was alighting therefrom, brought this action May 24, 1911, to recover $21,214 for the injuries alleged to have been received by her. The case was tried by the court without a jury on July 2, 1915. Findings of fact were made on December 24, 1915, and judgment was rendered De...
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This is an appeal by both petitioner, Colbert Coldwell, and defendants, the board of public works of the city and county of San Francisco, the individual members thereof, and M.M. O'Shaughnessy, the city engineer, from a judgment granting, with certain exceptions, a petition to the superior court of the city and county of San Francisco for a writ of mandate to compel the defendants to allow petiti...
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These two actions arose out of injuries received by the plaintiff in each through the overturning of a taxicab of the defendants while the plaintiffs were passengers therein. The accident occurred in the city of San Francisco at an early hour in the morning of January 1, 1919. The defendants were at the time copartners, owning and operating through their employees certain taxicabs for hire within ...
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The petitioner, Tulare Water Company, appellant in these actions, applied to the State Water Commission for a permit to appropriate water of the Kern River for the purpose of irrigating agricultural lands. The application was in due form and in conformity with the provisions of the act of 1913 creating a Water Commission and providing for the presenting and granting of petition to make such approp...
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This is a contest instituted by the plaintiff in the office of the surveyor-general of the state and by him referred by proper order to the superior court of the county of Siskiyou, as provided in sections 3414, 341.5 of the Political Code. The plaintiff claims a right to purchase land involved by reason of applications made in the office of the surveyor-general in 1917 and contests the prior appl...
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[1] This case is a companion case to Reynolds v. ChurchillCo., ante, p. 543, [202 P. 865]. The record of the two cases is somewhat different, owing to the fact that in the trial court the attorney representing Franklin claimed throughout the proceedings that the supreme court had definitely determined inChurchill Co. v. Kingsbury, 178 Cal. 554, [174 P. 329], that the lands were sovereign lands and...
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Plaintiff Edward S. Gosliner instituted the present action against defendants Frank Briones, William Latter, and Belle Latter for the purpose of recovering damages for the destruction of a certain dwelling-house and windmill alleged to have belonged to said plaintiff. Judgment was rendered in favor of plaintiff in the sum of twenty-five hundred dollars, the reasonable value of the demolished struc...
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This is an appeal from an order of the superior court of Orange County appointing Charles D. Brown, public administrator, as the administrator of the estate of Elmer Barnes, deceased, and denying the application of Hervey Barnes to be appointed such administrator. Elmer Barnes died intestate on or about January 5, 1920, at Wheaton, Illinois, being at the time of his death a resident of the county ...
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This is the second appeal prosecuted by the defendant corporation, Rancho Buena Ventura, from a judgment in favor of the plaintiff, A.J. Shields, in an action upon claims alleged to have arisen in connection with the management of a ranch in Shasta County, California. The ranch was the property of the defendant corporation. Practically the entire capital stock of this corporation was owned by thre...
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The facts are thus stated by the appellant: "This is an appeal of defendant, Sacramento Lodge No. 6, Benevolent and Protective Order of Elks, from a judgment upon a verdict in favor of plaintiff for damages for personal injuries sustained by her on June 22, 1918, while attempting to enter an elevator in the basement of defendant's building in Sacramento, and alleged to have been received through t...
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The defendants apply to this court for a writ ofsupersedeas on two grounds: First, that their appeal is taken from an interlocutory judgment upon which they are not required to give a stay bond, and, second, that the plaintiffs, having appealed from a portion of the judgment, cannot take advantage of the portion in their favor not appealed from, because plaintiffs have by their appeal selected a r...
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This is a proceeding brought to review, and have annulled, an award of the respondent, the Industrial Accident Commission. S.E. Hayden was killed on March 24, 1920, while working as a carpenter for Florence Ritchie Dearborn, the petitioner herein. The accident was caused by his being thrown from an automobile while on his way to a telephone to order lumber needed in the erection of the building on...
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This appeal is from a decree of final distribution of the residue of the property belonging to this estate. The only question presented upon this appeal is as to the meaning to be given to the word "cash" as used by the testatrix in her holographic will. Eva Van Buskirk Carrillo was the widow of one J.J. Carrillo, who had died, leaving a will by the terms of which she was given a one-eighth intere...
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This appeal is from a decree of final distribution wherein the trial court, over the objection of the appellant, distributed the whole of the estate of the decedent as having been his separate property during his *Page 604 lifetime. Decedent died in Los Angeles County, California, where he had lived since his removal to California from the state of Iowa in or about the year 1894. Prior to his res...
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This action was brought by the plaintiff for the recovery of the sum of $387.50, damages alleged to have resulted from the failure and refusal of the defendant to deliver to plaintiff one-half of a crop of apricots, amounting in all approximately to four tons, grown upon the premises owned by the defendant. *Page 611 The plaintiff alleged that the said defendant entered into a written contract wi...
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This proceeding was instituted by the petitioners herein to review an award of the Industrial Accident Commission granting compensation to W.L. Williams, one of the respondents herein. There is no dispute as to the facts upon which this proceeding is predicated. W.L. Williams was a partner in the firm of Green Williams, copartners, engaged in the rock-crushing business and employing several men. T...
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The petitioner seeks a writ of mandate to compel the respondent to grant her a final decree of divorce. Her application here is based upon the refusal of the superior court to act, for the reason that the petitioner, as a party to the divorce action, has willfully disobeyed the lawful order of the court relating to the custody of a child of the marriage, and is, therefore, in contempt of court. Th...
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This is an action to recover on a stockholder's statutory liability. The defense is that the cause of action is barred by the provisions of section 359 of the Code of Civil Procedure. Defendant is a stockholder in a corporation which assumed and agreed to pay an outstanding obligation of the Morris Real Estate Company. The question involved is as to whether or not the liability of the stockholders...
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This appeal is from a judgment in favor of the defendant in an action for divorce upon the grounds of extreme cruelty and desertion. The parties intermarried on September 16, 1899, in El Paso, Texas. Several children were born of said marriage, of whom there were living, at the time this action was instituted, three daughters, whose names and ages were: Virginia, aged seventeen years; Marion, aged...
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On August 26, 1921, the Industrial Accident Commission made an award in favor of the petitioners herein allowing them compensation as dependents of one Miguel Gumilla, on account of the death of said Gumilla from an injury received by him while in the employment of the California Hawaiian Sugar Refining Company. Notice of this award was served upon the adverse parties on the same day. The time for...
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The petitioner herein applied for and was granted a writ ofhabeas corpus by which he sought to have determined the legality of his arrest and detention upon a complaint filed in the police court of the city and county of San Francisco charging him with having engaged in the business of buying, selling, and exchanging second-hand books in said city and county of San Francisco without having obtaine...
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The Utah Construction Company, a corporation organized under the laws of the state of Utah and transacting business in Utah, California, and elsewhere, appeals from judgments rendered against it in two actions instituted by the said corporation against the treasurer of the state of California for the recovery of taxes paid to the state under protest in the fiscal years 1914-15 and 1915-16. The tax...
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This is an appeal by the defendants, J. H. McCallum and E. O. Benner, from a judgment against them and their codefendant, Hansbrough-Johnson Company, the latter not joining in the appeal. The complaint alleges that on June 5, 1916, the plaintiff, as owner, entered into a building contract with the defendant Hansbrough-Johnson Company, whereby the latter agreed, for the price of $9,712, to erect...
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The petitioner seeks a writ of mandamus to require the respondent Dudley Kinsell, judge of the superior court, to proceed with the trial of an action entitled C.S. Houghton v.Franklin A. Kales. That action is one to recover $2,538.60, the balance due upon a promissory note of F.A. Kales for $3,538.60. The defendant Kales, by way of setoff, pleads a joint judgment in favor of F.A. Kales and Jasper ...
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The plaintiff has appealed from a judgment in favor of the defendant in an action to recover five thousand dollars on a promissory note. The note was executed by the defendant to the Boden Automatic Hammer Company, a corporation, in consideration for the purchase price of certain shares of the capital stock of the corporation, and was assigned to the plaintiff before maturity and for a valuable co...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 676 In each of the cases above entitled the plaintiff appeals from the judgment. The two cases were begun separately and separate pleadings, findings, and judgment were filed and made in each case. They were, however, tried together in the court below and the...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 697 This action was brought by the plaintiff, Lavinia J. Hotaling, to declare a trust in her favor and have restored to her 2,499 shares of the capital stock of the Hotaling Estate Company, a corporation, which stock at the time suit was begun stood on the bo...
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The appeal is from a judgment in favor of the plaintiff in an action brought by him to recover damages for the loss of a carload of vegetables, delivered to the defendant for shipment to Regina Fruit Company, in the city of Regina, Canada. The complaint is in form an action for conversion. The plaintiff, after alleging the corporate character of the defendant and that it was a common carrier of fr...
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The plaintiff brought this action to recover on a promissory note for the sum of $1,337.10 executed in renewal of one about to become barred by the statute of limitations. He recovered judgment for the amount of the *Page 725 note, unpaid interest and costs, and the defendants have appealed. The original transaction between these parties grew out of the purchase of a tract of land belonging to th...
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This action is one brought to recover damages for the breach of a contract. Plaintiff had judgment *Page 729 and the defendant has appealed. After final judgment the trial court made an order relieving the defendant from his default, and failure to file the notice and request for transcript required by the provisions of section 953a of the Code of Civil Procedure. The respondent has appealed from...
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This is an action by plaintiff for damages for the alleged alienation by defendant of the affections *Page 742 of one Orris O. Budd, the plaintiff's husband. The amended and supplemental complaint alleged that the plaintiff and said Orris O. Budd were, and ever since the fourth day of March, 1901, had been, husband and wife, and stated in detail the acts and conduct of the defendant alleged to ha...
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This is an appeal from an order of the superior court of Shasta County denying the motion of the defendant to set aside the judgment of conviction of murder in the first degree entered against him upon his plea of guilty on January 20, 1921. No motion for a new trial was made by said defendant, nor was any appeal from said judgment taken by him, but on March 18, 1921, the defendant made the above ...
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In these two cases there are three appeals: One by Herbert Peery and one by H.W. Anderson, plaintiff and intervener, respectively, in the first of said actions, and one by H.W. Anderson as plaintiff in the second of said actions. The same questions are presented upon each of said appeals. These actions were each instituted for the purpose of obtaining an injunction against the defendant city of Lo...
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The petitioner was detained upon a charge of insanity upon an affidavit as provided in section 2168 of the Political Code. He was arrested on a warrant issued thereon on September 1,1921. An inquisition of insanity was held and on September 7, 1921, he was ordered committed to the state hospital at Napa. Within five days thereafter he demanded in writing that the matter of his sanity be tried by ...
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The petitioner, Robert Stevenson, is imprisoned in the state prison at Represa, California, upon a charge of forgery under sentence for the period prescribed by law. He applies for a writ of' habeas corpus on the ground that prior to the time he was charged with the crime and sentenced to imprisonment he had been committed to the Norwalk state hospital as an insane person and that he had never ...
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Rehearing denied. All the Justices concurred....
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Defendant appeals from a judgment awarding plaintiff as liquidated damages the sum of five hundred dollars for breach of a contract for the sale of certain second-hand household furniture. By the terms of the agreement defendant sold to the plaintiff the furniture and furnishings of the premises known as the Federal Hotel in the city of Los Angeles for the agreed price of one thousand seven hundre...
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The amended complaint alleged that defendant kept and maintained for her own use and benefit an area or vault under the sidewalk in front of and adjoining *Page 791 her property in the city of Los Angeles; that in the sidewalk over and above said area or vault defendant kept and maintained light-wells consisting of iron grating and inlaid glass for her sole and exclusive use and benefit, for the ...
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This is a companion case to Coldwell v. Board of Public Worksof the City and County of San Francisco et al., ante, p. 510, [202 P. 879], and the same issues are involved here as were involved in that case. The two cases were tried together, the pleadings are identical except for necesary minor differences, the judgments are the same, and on appeal the briefs of the respective parties were consolid...
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