Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → cal-2d → Volume 12

Opinions in cal-2d Volume 12

Plaintiff brought this action for dissolution of a partnership or joint venture, theretofore entered into between him and defendants, for an accounting, and if necessary, a sale of the partnership property. The pertinent facts involved herein are summarized as follows: On or about December 12, 1931, and prior to January 11, 1932, plaintiff and defendants William N. Nasser, Elias Nasser, L....
Views: 20
Motions have been made to dismiss the several appeals in each of the above-entitled proceedings. The facts underlying the litigation are involved and we shall recite only such as are necessary to a consideration of the motions now before us. It appears that in the course of the administration of the estate of each of the above-named decedents, the probate court, pursuant to the terms of a testame...
Views: 18
In an information filed by the district attorney of Santa Cruz County, the defendant was charged with the murder of Sally Boggs, his wife. He entered a dual plea of not guilty and not guilty by reason of insanity. Upon the conclusion of the trial on the general issue, the jury returned a verdict finding defendant guilty of murder of the first degree, without recommendation. Trial was then had on ...
Views: 24
The five defendants in this ease were jointly charged with the crime of murder. One of them, Robert Lee Cannon, pleaded not guilty; the four others pleaded not guilty and also not guilty by reason of insanity. The issues joined by the pleas of not guilty were presented to a jury in a trial of all defendants. The jury found each of them guilty. Thereafter each of the four who pleaded not guilty by...
Views: 24
Pursuant to the provisions of section 34 of article IV of the Constitution of the state of California, the governor of the state submitted to the 52d session of the legislature, the state budget for the biennium commencing July 1, 1937, and ending June 30, 1939, accompanied by an appropriation bill itemizing proposed state expenditures for such biennium, known as the budget bill, which included it...
Views: 14
This is an appeal by the intervener Vierra from a judgment in favor of the plaintiff foreclosing a chattel mortgage on dairy cattle and equipment. The trial court found that the intervener had agreed to purchase a one-half interest in the property covered by the mortgage and had become a partner of the owners in the conduct of the dairy business, but that the intervener’s interest was so acquired ...
Views: 4
Petitioners, qualified electors and taxpayers of the state, by separate applications, seek writs of mandate directed to the Secretary of State commanding him (1) to refrain from submitting a certain purported initiative measure to the electors of the state, and (2) not to certify ithe measure to the registrars of voters and county clerks of the state. After the issuance of the alternative writs t...
Views: 21
Petitioner, a qualified elector and taxpayer of the city and county of San Francisco, seeks a writ of mandate directed to the Secretary of State commanding him (1) to refrain from submitting a certain purported initiative measure to the electors of the state, and (2) not to certify the measure to the registrars of voters and county clerks of the state. Proponents of the proposal, pursuant to perm...
Views: 8
Petitioners, qualified electors and taxpayers of the state, by separate applications, seek writs of mandate directed to the Secretary of State commanding him (1) to refrain from submitting a certain purported initiative measure to the electors of the state, and (2) not to certify the measure to the registrars of voters and county clerks of the state. After the issuance of the alternative writs, t...
Views: 13
Charlotte Gabrielli, a minor nine years of age and a former student of the Fremont School, a public school in the elementary grades in the city of Sacramento, applied through her guardian ad litem to the Superior Court in Sacramento County for a writ of mandate addressed to the authorities of the Fremont School and the Superintendent *87 of Schools and Board of Education...
Views: 18
The State Bar of California, a public corporation created by the Act of March 31, 1927 (Stats. 1927, p. 38), filed in this court its petition praying, under section 289 of the Code of Civil Procedure, that Gavin W. Craig, formerly an Associate Justice of the District Court of Appeal of the Second Appellate District of the State of California, be permanently disbarred from the practice of the law ...
Views: 15
The pertinent facts herein appear to be that following a personal injury which theretofore she had sustained in an accident, the defendant Mrs. Anna Kinsler, employed the defendant Eversole as an attorney at law to bring an action for the purpose of recovering a judgment against the person who was asserted to have been negligent in having-caused said accident to occur. By the terms of the said con...
Views: 7
On this rehearing, we adopt that part of our former decision setting forth the facts and issues, as follows: “This is an action to set aside as fraudulent a conveyance from defendant husband to defendant wife and to subject the property to plaintiffs’ judgments. The trial court denied any relief to the plaintiffs and awarded to the defendant W. H. Curtis judgment in the sum of $6,400 on the fou...
Views: 5
In this proceeding, a decision of the Industrial Accident Commission by which disability indemnity was awarded to an employee of C. W. Caletti, doing business as C. W. Caletti & Company, is challenged by the petitioner, which the commission found was the employer’s insurance carrier at the time the compensable injury was received. The record of the proceedings resulting in the decision and award a...
Views: 1
This cause was transferred to this court after decision by the District Court of Appeal, Third District. We are of the opinion that the District Court of Appeal arrived at the correct conclusion in its decision of the case. There was, however, certain language in the opinion which we deemed inappropriate. This language we have deleted from the opinion at places therein indicated by asterisks. As ...
Views: 1
Petition for writ of mandate to be directed to the State Board of Equalization. Since 1935 the property of telephone and telegraph companies, other than their franchises, is assessed by the State Board of Equalization. (Art. XIII, see. 14, Const., as amended in 1933, effective January 1, 1935.) Upon the value as thus assessed cities, counties and other local taxing districts levy ad valor...
Views: 13
12 Cal.2d 140 (1938) CHARLES T. BUTTERWORTH et al., Petitioners, v. HAROLD J. BOYD, as Controller, etc., et al., Respondents. S. F. No. 16017. Supreme Court of California. In Bank. September 2, 1938. Cushing & Cushing and Ben C. Duniway for Petitioners. William P. O'Brien, as Amicus Curiae, on Behalf of Petitioners. John J. O'Toole, City Attorney, Thomas P. Slevin, Deputy City Attorney,...
Views: 17
12 Cal.2d 156 (1938) THE PEOPLE ex Rel. STATE BOARD OF MEDICAL EXAMINERS, Respondent, v. PACIFIC HEALTH CORPORATION, INC. (a Corporation), Appellant. S. F. No. 15690. Supreme Court of California. In Bank. September 2, 1938. Knight, Boland & Riordan for Appellant. U.S. Webb, Attorney-General, and Lionel Browne, Deputy Attorney-General, for Respondent. Hartley F. Peart, Howard Hassard and...
Views: 7
The petitioner, as State Relief Administrator, and State Relief Commission of the State of California, seeks the issuance of a writ of mandamus directing and commanding Harry B. Riley, as the Controller of this state, to set up on the books of his office for the 1937-1939 bien *167 nium the sum of $48,000,000 for the relief from hardship and destitution due to and caused by unemployment, whic...
Views: 2
We are here confronted with another phase of the protracted litigation that has been waged on *169several fronts by the members and trustees of The Colburn Biological Institute, a nonprofit corporation, for control of the organization and its properties. Upon a prior appeal wherein the opposing factions likewise were at loggerheads, we affirmed a judgment of the Superior Court of Los Angeles Count...
Views: 0
A hearing was granted in this cause after decision by the District Court of Appeal in and for the Second Appellate District, Division One, not because of any dissatisfaction with the opinion of that court but solely because of the pendency here of another appeal wherein three of the four trustees of The Colburn Biological Institute sought, as in the instant ease, to procure a substitution of attor...
Views: 0
Plaintiff, A. S. Koyer, was the owner of certain unimproved property in the counties of Los Angeles and Imperial. C. L. McComber was the owner of an apartment house in the city of Long Beach known as the Terry apartments. On May 18, 1932, they entered into an agreement whereby the plaintiff, A. S. Koyer, agreed to exchange his unimproved real property for the Terry apartments owned by C. L. McCom...
Views: 13
The purpose of this proceeding is to review an order of the Railroad Commission reducing the tolls for automobiles and passengers over the Carquinez bridge. The main question is whether the rates so fixed are so low as to be confiscatory. Other questions also require determination. On February 5, 1923, the board of supervisors of Contra Costa County granted to the Rodeo-Vallejo Ferry Compa...
Views: 10
The defendant was convicted in the Superior Court of the County of Los Angeles of murder of the first degree and his punishment was fixed by the jury at life imprisonment at the state prison. His appeal, taken to the Second Appellate District, Division Two, District Court of Appeal, was dismissed by order of said court on the grounds that appellant had failed to file within five days after giving...
Views: 11
This proceeding is a review (as distinguished from certiorari) of an action of the board of governors of The State Bar, wherein by a vote of ten members voting in favor thereof, as opposed by a vote of three members, it was recommended to this court that the petitioner herein, Fred J. Furman, “be disbarred from the practice of the law in the State of California”. Prior to the present...
Views: 8
On June 28, 1937, Gertrude E. Kamla, wife to Peter Kamla, made complaint to local administrative committee number nine of The State Bar of California, charg*231ing petitioner, a member of said State Bar, with defrauding ¡complainant and her husband of the sum of three hundred dollars by a scheme devised by him, whereby he was to form a Nevada corporation in which the Kamlas and petitioner and his ...
Views: 1
This is the second appeal in this action. In 1931 plaintiff succeeded to the title of the patentee of two tideland lots in Newport bay. At the time of issuance of the patent by the state in 1907, and for many years thereafter, said lots constituted an island in the bay at low tide, but at high tide were completely submerged to such a depth that rowboats could navigate over them. In 1927 the sta...
Views: 3
Motion to dismiss appeal. This action was commenced by plaintiffs, suing as taxpayers and owners of real property in defendant city, for the purpose of having certain assessments and tax levies for the year 1931-1932 declared irregular aiid void, and to enjoin the city and its officers from executing or accepting deeds to certain real property, belonging to these plaintiffs and others, and from...
Views: 4
Respondents, as owners of property in a residential zone, instituted this proceeding in mandamus to compel the Building Inspector of the city of Piedmont to issue them a building permit to erect a business structure thereon. Prom a judgment ordering the Building Inspector to issue the permit, this appeal is taken. The city of Piedmont embraces within its corporate limits about 1100 acres and ...
Views: 22
This action was. brought by plaintiffs in the superior court. The complaint contained four counts. The first count alleged that plaintiffs delivered $700 to defendant Charles Greenberg, which money he was to use for the purpose of purchasing certain real property for them; that, however, after accepting and receiving the $700 for that purpose, he purchased the property in his own name and convert...
Views: 12
On October 17, 1936, Mrs. Essie Alfrey died testate, leaving her property valued at $3,250 to her *256 surviving daughters. The will named one of the daughters, appellant herein, as executrix. Although appellant had immediate knowledge of her mother’s death, she failed to petition for letters testamentary until more than four months had elapsed. Meanwhile respondent herein, the nominee of anoth...
Views: 0
In this action to compel foreclosure of a deed of trust given to secure a $2,000 promissory note, W. C. Dalzell appeared as a defendant, as cross-complainant, and also as counsel for himself and defendant Mary Louise Baker. Upon trial of the cause the court entered judgment in favor of plaintiff. W. C. Dalzell filed notice of appeal on behalf of himself and Mary Louise Baker. Thereafter Mary Louis...
Views: 0
In this action the trial court entered a decree for plaintiff, quieting her title to a parcel of real property in Los Angeles County, and allowing her costs in the sum of $23.30. Defendant Anna Meadville, wife of defendant G. G. Meadville, appealed. Plaintiff now moves to dismiss the appeal or affirm the decree. The appeal does not present any substantial question. Appellant contends that as she w...
Views: 10
This is a proceeding to review the recommendation of the board of governors of The State Bar that petitioner be suspended from the practice of law for a period of two years. In the order to show cause, issued by local administrative committee No. 2 of the city and county of San Francisco, petitioner was cited before said committee to show cause why he should not be disciplined for professional ...
Views: 12
This case presents, among other questions, the application of the statute of limitations to an action brought to recover upon a book account the balance which the plaintiff claims is due him for services rendered to the defendant over a period of many years. By a separate appeal from an order denying its motion to tax costs, the defendant challenges certain items of the cost bill. The District ...
Views: 6
Motion to dismiss appeal for failure to file a record on appeal within the prescribed period. The motion is supported by a certificate of the county clerk, which shows the following facts: On December 9, 1936, the trial court rendered judgment in favor of defendants and against plaintiffs. This judgment was entered May 8, 1937. On July 10th motion for new trial was heard and denied, and on July...
Views: 0
This proceeding concerns the custodial status of Dion Anthony Fay, born February 5, 1932, and adopted in December of the same year by these parties, plaintiff Barbara Stanwyck Fay and defendant Frank Fay. In the fall of 1935, after about seven years of marriage, plaintiff and defendant separated, and on December 30, 1935, plaintiff obtained an interlocutory decree of divorce from defendant. This ...
Views: 10
Plaintiff, as trustee for the collection and disbursement of a fund in which defendants asserted respective interests, brought this action for declaratory relief. He alleged that he had collected and disbursed about $50,000, but that because of conflicting claims of some of the parties he had been unable to distribute the further sum of $1506.36. He prayed that defendants be required to set forth...
Views: 1
This action was brought to set aside a conveyance and assignment of real and personal property made by defendant Timothy Hartnett to his wife, defendant Emma Hartnett, for the alleged purpose of defrauding his creditors. Plaintiff had judgment. Defendant Timothy Hartnett appealed. Plaintiff now moves to dismiss the appeal or affirm the judgment. No substantial question is presented by the appeal....
Views: 4
The following statement of facts upon which this action is based is expressly approved by the appellants, and impliedly by the respondent. We, therefore, accept it as the true factual situation of the parties in this action. This appeal was taken from a judgment for the defendant in an action at law for damages claimed because of changes in the design and construction of a building made in...
Views: 17
By this proceeding the petitioners seek a writ of mandate directed to the respondent court requiring the issuance of a writ of execution upon a judgment in their favor. They also ask that a writ of prohibition issue to prevent the superior court from making an order dispensing with a bond on the appeal of Security Title Insurance and Guarantee Company from the judgment. The petitioners are...
Views: 6
In an information filed by the district attorney of Alameda County the defendant was charged with the murder of three human beings. He entered pleas of not guilty and not guilty by reason of insanity. Thereafter defendant withdrew his plea on the general issue and entered a plea of guilty to each charge. Upon waiver of a jury, defendant went to trial before the court on the sanity issue alone. Up...
Views: 19
Plaintiff prosecutes this appeal from a judgment entered for defendant high school district after sustaining of its demurrer to the complaint without leave to amend. Plaintiff, sixteen years of age, brought this action to recover damages for personal injuries received when *313 she was struck by a garbage truck on the grounds of the Castlemont High School, a public high school in t...
Views: 8
Motion to dismiss appeal on the ground that the notice of appeal was given prior to the entry of judgment and, therefore, the appeal was prematurely taken. It is well settled in this state that an appeal from a judgment taken prior to the rendition of the judgment is prematurely taken and does not vest the appellate court with jurisdiction to entertain the attempted appeal. (Aspegren & C...
Views: 11
12 Cal.2d 324 (1938) JUSTESEN'S FOOD STORES, INC. (a Corporation), Appellant, v. CITY OF TULARE (a Municipal Corporation) et al., Respondents. L. A. No. 16060. Supreme Court of California. In Bank. November 14, 1938. Hugo McKinley and Joseph A. Brown for Appellant. Breed, Burpee & Robinson, as Amici Curiae, on Behalf of Appellant. Israel H. Ham, City Attorney, for Respondents. Orrick, ...
Views: 19
This is an action for the reasonable value of services alleged to have been performed by the plaintiff, a claim therefor having been filed with the executor of the estate of Ida Pricke and rejected. Ida Pricke and her husband, August Pricke, ran a bakery in Los Angeles, and lived in the same building. A cousin of Mrs. Pricke, Meta Klatt, who was then seventeen years of age, arrived in Los ...
Views: 16
12 Cal.2d 348 (1938) M. R. SYLER, Respondent, v. HERMANN E. KATZER, as Executor, etc., Appellant. Sac. No. 5192. Supreme Court of California. In Bank. November 16, 1938. King & King for Appellant. T. F. Peterson for Respondent. LANGDON, J. Plaintiff brought an action to recover for the value of services performed by him to the decedent, H. G. Halkett, during his lifetime. The complaint...
Views: 14
The defendant has appealed from judgments rendered against it in two actions consolidated for trial. Each action was prosecuted by the personal representative of one who met death in a collision between the automobile driven by the decedent Ellison, in which the decedent Nora Andrade was riding, and a loaded trailer attached to a truck being operated by the defendant's employee. Each plaintiff sou...
Views: 0
This is an action by a bondholder to set aside purchases by an irrigation district of its own bonds from other bondholders. Provident Irrigation District was organized in April, 1918, under the provisions of the California Irrigation District Act (Deering’s Gen. Laws, Act 3854, p. 1948), with an area of some 22,805 acres. Two bond issues were sold, one in 1918 and the second in 1921, in the tot...
Views: 10
Plaintiff El Camino Irrigation District was organized April 12, 1921, under the California Irrigation District Act, and comprises 7546.5 acres of land in Tehama County. Its outstanding bonds, issued on November 1, 1926, now amount to $423,000. Defendant El Camino Land Corporation is the owner of about $302,000 of said bonds. In October, 1935, said defendant brought an action against the distric...
Views: 6
This is an action by an unpaid bondholder of an irrigation district seeking partition of the lands of the said district which were deeded to the district after default in assessment. The complaint alleges the following facts. Defendant Compton-Delevan Irrigation District was organized in 1920 under the California Irrigation District Act.. It issued over $300,000 worth of bonds to finance its wo...
Views: 11
A hearing was granted in this ease in order that it might be considered in connection with certain other eases dealing with related matters then pending in this court, namely, Provident Land Corp. v. Zumwalt, Sac. 5133 (ante, p. 365 [85 Pac. (2d) 116]), El Camino Irr. Dist. v. El Camino Land Corp., Sac. 5161 (ante, p. 378 [85 Pac. (2d) 123]), and Clough v. Compton-Delevan Irr. Dist...
Views: 5
This is an action by an assignee for collection to recover the reasonable value of legal services rendered for defendant herein in a separate maintenance action wherein a decree was rendered in her favor. The present action also includes the claim of a detective agency, assigned to plaintiff, for services performed in connection with the action. The legal services in question were performed by th...
Views: 9
The defendants have made motions to dismiss the appeal of the plaintiff. *404 As the surviving widow of Mark Casner, the plaintiff commenced an action for damages for his wrongful death. The complaint alleges that he was struck by an automobile owned by the defendant, Daily News Company, thrown on the track of the defendant, Market Street Railway Company, and run over by one of its street car...
Views: 11
The appeal in this action which was determined by the District Court of Appeal, Second Appellate District, Division Two, was ordered to be heard in this court in order that more careful consideration thereafter might be afforded than was practicable at and preceding the date upon which such hearing was granted. Following an examination of the points of law as they have been presented in the sever...
Views: 5
By this action for an injunction and declaratory relief the plaintiff sought to test the validity of the emergency clause of Statutes of 1937, page 153. That act repealed the act of 1,929 (Stats. 1929, p. 357), which provided for the payment of retirement compensation to teachers and other employees. The act of 1929 was declared unconstitutional in Los Angeles City School Dist. v. ...
Views: 13
The three plaintiffs allege that they paid in full a deficiency judgment entered against them and six other persons after a mortgage foreclosure sale. They bring the present action against the executrix of the estate of one-of said six judgment debtors to recover his proportionate part of the debt paid by plaintiffs. Defendant executrix prosecutes this appeal from a judgment that she is liable ...
Views: 6
Petitioner, after conviction and sentence for violation of certain provisions of the Real Estate Act, secured a writ of habeas corpus from the District Court of Appeal, and after a favorable decision in said court, was ordered discharged. Respondent sheriff then sought a hearing in this court. The sole issue before us is the constitutionality of the regulation of subdivisions under the terms of sa...
Views: 0
Petition for writ of mandate. Petitioners sought to obtain oil prospecting permits under the Mineral Leasing Act of 1921 (Stats. 1921, chap. 303, p. 404), and *441 subsequent amendments thereto, on certain lands situated respectively in the cities of Long Beach and Los Angeles, within the respective harbor districts thereof. The petitioners contended that the lands were tide and submerged lands...
Views: 14
12 Cal.2d 445 (1938) ED PORTER et al., Respondents, v. NANETTE HOFMAN, Appellant. Sac. No. 5244. Supreme Court of California. In Bank. December 20, 1938. H. L. Preston and Lilburn Gibson for Appellant. Charles Kasch for Respondents. SHENK, J. The plaintiffs obtained a judgment in damages for personal injuries to the plaintiff, Mrs. Porter, sustained when the automobile in which she was rid...
Views: 17
The petitioner in this original proceeding seeks a writ of mandate to compel the respondent Judge of the Superior Court of Los Angeles County to settle a proposed bill of exceptions which was presented in connection with her appeal from an order made after final judgment in a divorce action. The judge refused to settle the bill and, upon motion of the defendant, made an order striking it from the...
Views: 3
By this proceeding for certiorari petitioner seeks a review and annulment of two orders of the San Francisco Superior Court sitting in probate, to wit: an order made on May 14, 1937, setting aside a prior order admitting to probate the last will of John Ivory, deceased, and an order made on March 1, 1938, dismissing the probate proceeding for lack of jurisdiction. Petitioner is ...
Views: 16
Whereas this proceeding was instituted by the filing of a petition to review the proceedings and recommendation of The State Bar, record of which was filed herein April 21, 1938, under Bar Mise. 1541, and since the filing of said petition and the order granting a review, the petitioner has been ordered disbarred by order of this court dated November 9, 1938, under Bar Mise. No. 1527, and by reason...
Views: 2
Whereas this proceeding was instituted by the filing of a petition to review the proceedings and recommendation of The State Bar, record of which was filed herein April 21, 1938, under Bar Mise. 1541, and since the filing of said petition and the order granting a review, the petitioner has been ordered disbarred by order of this court dated November 9, 1938, under Bar Mise. No. 1527, and by reason...
Views: 0
This is an application to review a recommendation of the Board of Governors of The State Bar that petitioner be disbarred. *463 The record shows that in 1936 Benjamin Zimmer, the owner of a cafe in Hollywood, consulted his attorney, Louis Feinstein, to obtain legal services and a loan of money. Feinstein lent him about $300 and incorporated the business. In return for this assista...
Views: 3
The defendants William Martin and Edwin W. Spotts were jointly accused by information filed in the Superior Court of Los Angeles County of having murdered Sam Tanner, on or about January 8, 1938, in the city of Los Angeles. They were tried together and convicted of murder of the first degree without any recommendation by the jury that a lesser punishment than the extreme penalty should be imposed....
Views: 0
Following an appeal from a judgment by which the corpus of a testamentary trust was ordered to be distributed, this court by its decision in Estate of Wallace, filed May 31, 1938, 11 Cal. (2d) 338 [79 Pac. (2d) 1094], reversed the said judgment, without having made any order therein with respect to the costs incurred on said appeal, pursuant to the provisions of section 12...
Views: 6
This is an appeal from a judgment for damages in an action for fraud. The complaint charged fraud and false representations on the part of the defendant inducing the plaintiff to enter upon and consummate an exchange of three parcels of property owned by her in Detroit, Michigan, and Pasadena, California, for a lot at the corner of Third Street and Hobart Avenue in the city of Los Angeles, on w...
Views: 18
Bayly Brothers, Inc., Harold Bayly, Roy D. Bayly, Edwards & Wildey Company, Suburban Estates, Inc., and California Trust Company have appealed from a judgment by which they were held liable for the amount paid by the plaintiffs for a beneficial interest under a certain declaration of trust which" was issued and sold without a permit from the commissioner of corporations. The plaintiffs also are...
Views: 23
The plaintiffs in the above-entitled cases purchased certificates of beneficial interest in the trust created by Bayly Brothers, Inc., and Edwards & Wildey Company and their rights are governed by the principles stated in the case of Mary Pickford Co. v. Bayly Brothers, Inc., (ante, p. 501 [86 Pac. (2d) 102]), the opinion in which is filed concurrently herewith. These case...
Views: 0
This appeal presents the question of the sufficiency of a complaint which charges Title Guarantee and Trust Company with responsibility for certain securities alleged to have been issued and sold in violation of the Corporate Securities Act (Stats. 1917, p. 673, as amended). A demurrer of the trust company to the complaint was sustained without leave to amend and the appeal was taken both from ...
Views: 0
A hearing was granted in this case after decision by the District Court of Appeal, Third Appellate District. After further consideration we are satisfied that the following opinion of Mr. Justice Thompson correctly determines the issues, and accordingly adopt it as the opinion of this court: “The defendant, a negro, was convicted of murder of the second degree for shooting and killing a colored...
Views: 38
The plaintiff sued for a declaration of the rights and liabilities of the respective parties pursuant to certain contracts, assignments and transfers, and for other relief including a money judgment for services claimed to have been performed. The trial court denied the declaratory and other relief and rendered judgment for the defendants. The plaintiff appealed from the judgment. Charles H. Me...
Views: 13
The petitioner Atchison, Topeka & Santa Fe Railway seeks a writ of prohibition to prevent a second trial of the action of Scarlett v. Atchison, Topeka & Santa Fe *551 Railway. The respondent Superior Court has granted a motion to set said ease for retrial. The action was brought to recover damages for personal injuries sustained by plaintiff, a brakema...
Views: 9
This is an appeal by plaintiff from a judgment based on a directed verdict. Plaintiff was injured in an automobile accident, and was sent to Seaside Hospital in Long Beach for treatment of fractures in his left leg. The treatment was unsuccessful and the leg was later amputated. Thereafter plaintiff brought the present action for malpractice, against Dr. Carl G. Johnson, Dr. Carl H. Gans, the S...
Views: 16
Plaintiff appeals from a judgment entered in favor of the defendant following the granting of the latter’s motion for nonsuit. The action is one for damages for personal injuries. It appears that shortly prior to the accident which gave rise to the plaintiff’s injuries, the defendant, in the usual course of business, rented an electric hoist machine to the Fox Film Corporation by whom the ...
Views: 14
The plaintiff sued Elwood P. Laws, A. Blumenfeld, Joe Blumenfeld, and several fictitious defendants, to recover alleged unpaid rentals under a lease of a moving picture theater in Turlock, Stanislaus County; also to terminate the lease and to be restored to possession of the property. The action was commenced in Stanislaus County on June 2, 1938. The defendants specifically named were served with...
Views: 11
The question for determination in this proceeding is whether one who has given self-incriminating testimony as a witness in the defense of another on trial for the crime of gaming, may invoke the immunity provided by section 334 of the Penal Code. Margaret Petraeus and Westy Petraeus, Jr., were charged by separate informations with violations of section 337a. subdivision 2, of the Penal Co...
Views: 11
This action was brought for the purpose of having an assessment declared void and to recover from the defendant, treasurer of the state of California, the amount of tax paid by plaintiff pursuant to said assessment. The tax was paid under protest. Plaintiff operates plants in Los Angeles and San Diego, California, and at numerous points outside of the state of California, for the slaughtering o...
Views: 5
Petition for writ of habeas corpus. Petitioner was arrested for violating section 737.5 of the Agricul *593 tural Code, in that as a distributor he purchased fluid milk from a producer without obtaining a license from the state director of agriculture and furnishing a bond. The District Court of Appeal, Third Appellate District, heretofore issued a writ, but after hearin...
Views: 13
The undisputed facts herein appear to be that on a specified date, at about 8:30 o’clock P. M., thereof, on the arrival within its station at the city of Los Angeles of an inter urban car that was operated by the defendant, plaintiff alighted therefrom and thereupon, pending the departure from such station of another car which plaintiff intended to use for the purpose of being thereon carried t...
Views: 11
By this proceeding in prohibition, the Director of Agriculture, certain officers of that department, and a number of growers of citrus fruits who are members of committees appointed for the administration of the Agricultural Adjustment Act of this state (Stats. 1935, p. 1032; *608 Deering’s Gen. Laws, Act 146), seek to compel the respondent Superior Court to dissolve a temporary in...
Views: 13
A hearing was granted in this case after decision by the District Court of Appeal, Fourth Appellate District, in order to give further consideration to the problem of adverse possession by one cotenant against others. On the other issues we are satisfied with the conclusions reached by said court, and accordingly adopt the following portion of the opinion of Mr. Justice pro tempore H...
Views: 14
During the cropping season of 1937 a controversy arose over the plaintiffs’ interest in thirteen acres of alfalfa land owned by the defendants husband and wife as community property. The plaintiffs claimed that they were entitled to possession of the property pursuant to the terms of an oral lease thereof made to them by the defendants for the period of three years from December 1, 1935. In Apr...
Views: 11
The question presented for decision by this case is whether an action for damages sustained by an employee because of personal injuries survives the death of his employer under the provisions of the Workmen’s Compensation, Insurance and Safety Act of 1917, as they existed in 1936. (Stats. 1917, p. 831, as amended; Deering’s General Laws, 1931 ed., Act 4749.) By the plaintiff’s complaint sh...
Views: 12
By indictment, the defendant was charged with the crime of murder and with a violation of section 2 of the Concealed Weapons Act. (Stats. 1923, p. 695, as amended.) Upon his sole plea of not guilty by reason of insanity, he was tried by a jury and found sane. After hearing additional evidence, the trial judge determined the degree of the crime to be that of murder of the first degree without miti...
Views: 20
The former administratrix of the above-entitled estate noticed this appeal from an order or decree of the probate court denying her application “for settlement of her amended first and final account and specifically from that portion . . . decreeing and adjudging that the item of two thousand five hundred dollars . . . was not her separate property . . . but that the same was and is property of...
Views: 9
The above-entitled proceedings were separately commenced by the petitioner seeking writs of mandate to compel the respondent Port District and its Board of Port Commissioners to take certain action, hereinafter to be specified, in connection with licensing him as a pilot in and for the respondent district. Inasmuch as the two proceedings more or less complement each other, we shall consider and de...
Views: 0
12 Cal.2d 662 (1939) EDWARD B. NEUWALD, Respondent, v. A. B. BROCK, as Director of the Department of Agriculture, etc., et al., Appellants. S. F. No. 16094. Supreme Court of California. In Bank. January 31, 1939. U.S. Webb, Attorney-General, and Frank English and John J. Dailey, Deputies Attorney-General, for Appellants. Eustace Cullinan, Eustace Cullinan, Jr., and Herbert E. Wenig for Respo...
Views: 7
The sole question presented by this appeal is whether in terminating a life estate in real and personal property, the trial court awarded plaintiffs the full interest to which they are entitled as remaindermen. The life estate was created by the will of Michael Cristler for the benefit of his widow, with remainder to certain nieces and nephews, these plaintiffs. Michael Cristler died on June 2,...
Views: 2
Respondents brought this action against the executrix of the will of their stepfather to establish a trust in a parcel of real property. Said property was purchased by their mother and- stepfather as a family home, and upon the death of their mother was distributed to their stepfather as community property. Plaintiffs alleged that said property was in fact the separate property of their mother, w...
Views: 4
This is an action for damages for personal injuries suffered by plaintiffs, husband and wife, as a result of a collision between their automobile and a train of the defendant railroad company at a highway crossing. The conductor of the train, Rablin, was joined as a defendant. Other members of the train crew were named in the complaint as First Doe, Second Doe and Third Doe, but were never served...
Views: 11
The petitioner in this proceeding, Phineas D. Clayton, seeks a writ of supersedeas to stay the execution of a money judgment amounting to the sum of $1633.58, which was rendered against him in a quiet title action in which he intervened, claiming to be the owner of the real property involved by virtue of a tax sale and his subsequent acquisition of the rights of the purchaser thereun...
Views: 2
This cause conies here on motion of plaintiff-respondent for diminution of record. He seeks to have the reporter’s transcript of testimony added to the record heretofore certified by the trial judge. During the trial of the cause, plaintiff in open court dismissed the action as to defendant 0linger (appellant here). The court thereupon ordered said defendant dismissed with *710 prejudice, whi...
Views: 11
Action in interpleader. Plaintiff had in its possession the sum of $1,080, being the balance due on a judgment rendered against it and in favor of one Hiroshima for personal injuries. The two defendants laid claim to this money, whereupon plaintiff paid the same into court, and brought this action for the purpose of having it determined *712 which of the two defendants was entitled...
Views: 6
Application for a writ of prohibition to restrain the respondent court from taking any further steps in connection with an order made in a divorce action instituted by Pay Monjar against the petitioner herein, George O. Mon jar, in so far as said order affects the care, custody and control of their minor son. The facts are not involved. On or about December 14, 1937, petitioner, who with his wi...
Views: 2
This is an application for a writ of supersedeas. The petitioner is conducting a roller derby in San Francisco. A controversy arose between him and the respondent Musicians’ Union in the course of which, on February 4, 1939, he filed in the superior court a complaint praying for an injunction to restrain the defendants in said action, respondents herein, from interfering with the conduct of the pl...
Views: 0
12 Cal.2d 720 (1939) THE PEOPLE, Respondent, v. HARRY A. FRENCH, Appellant. Supreme Court of California. February 27, 1939. S. Luke Howe, C. S. Baldwin, F. Walter French and O. F. Meldon for Appellant. U.S. Webb, Attorney-General, William F. Cleary, Deputy Attorney-General, A. K. Wylie, District Attorney, and Herbert P. Welch, Assistant District Attorney, for Respondent. SEAWELL, J. The defe...
Views: 35
12 Cal.2d 781 (1939) C. LEON De ARYAN, Appellant, v. ROY O. AKERS, Respondent. L. A. No. 16631. Supreme Court of California. In Bank. February 28, 1939. C. Leon De Aryan, in pro. per., for Appellant. Roy O. Akers, in pro. per., for Respondent. U.S. Webb, Attorney-General, and H. H. Linney and James J. Arditto, Deputies Attorney-General, as Amici Curiae, on Behalf of Respondent. SHENK, J. ...
Views: 5
This is a companion case to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said ease, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so. Reheari...
Views: 0
This is a companion case to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said ease, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so. Reheari...
Views: 0
This is a companion ease to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said case, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so. Reheari...
Views: 0
This is a companion ease to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said case, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so. Reheari...
Views: 0
A petition for the issuance of a writ of mandate directed to respondents herein to compel the issu- ’ anee by them of oil prospecting permits on certain lands allegedly situated within the harbor district of the city of Long Beach, was filed by petitioner in this proceeding, in the District Court of Appeal, Second Appellate District, Division One. An alternative writ of mandate was issued therein....
Views: 8

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up