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All Reporters → cal-3d → Volume 9

Opinions in cal-3d Volume 9

Opinion Defendants appeal from a judgment for plaintiff Norman Tyrone in this action to recover a fee for finding a lender which committed itself to loan defendants up to $7,000,000 for a construction project. In 1963, defendant Hare, Brewer & Kelley, Inc., a corporation, initiated plans to develop a shopping center and office building in Palo Alto, with construction to be undertaken...
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Opinion This is a proceeding under Business and Professions Code section 6083, subdivision (a) and rule 59(a) of the California Rules of Court to review a recommendation of the State Bar Disciplinary Board that petitioner, Harvey B. Himmel, be placed on probation for three years on the condition, among others, that he be suspended from the practice of law for nine months. Himmel was admitted to pr...
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9 Cal.3d 24 (1973) 506 P.2d 998 106 Cal. Rptr. 622 THE PEOPLE, Plaintiff and Respondent, v. ORBRY LEE WILLIAMS, Defendant and Appellant. Docket No. Crim. 13818. Supreme Court of California. In Bank. March 12, 1973. *26 COUNSEL Molly H. Minudri, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant...
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Opinion Plaintiffs appeal from a judgment in favor of defendants in a forcible entry and detainer action. Facts: In 1965, plaintiffs leased a building from defendants for a three-year period. The lease agreement provided that “[ljessee shall not assign this lease or any interest therein, and shall not subject the demised premises or any portion thereof, or any right or privilege appurtenant...
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Opinion In this action for damages for wrongful death, plaintiffs appeal from an order granting defendants Parke, Davis & Company (Parke, Davis) and A. J. Beland, M.D. (Dr. Beland), a new trial on the issue of damages. Defendant Parke, Davis appeals from the judgment entered on the verdict in favor of plaintiffs and against Parke, Davis, and from the order denying said defendants’ motion ...
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Opinion Dulcie May Smith and Deidre Armyne Lee Smith, appeal from an order determining interests in the estate of Dale Smith, deceased, against their claims as surviving spouse and pretermitted heir and in favor of the beneficiaries named in his will. Dale Smith was a merchant seamen who travelled around the world 10 or 11 months each year. In his travels, he managed to get married at least t...
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Opinion Petitioner seeks a writ of mandate to compel the respondent court to dismiss a felony information pending against him or, in the alternative, a writ of prohibition staying the criminal proceedings. Petitioner contends that he was denied his constitutional right to a speedy trial when, after a period of 228 days following an order in collateral proceedings directing the superior court to...
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I dissent. In Zeilenga v. Nelson, 4 Cal.3d 716 [94 Cal.Rptr. 602, 484 P.2d 578], and Camara v. Mellon, 4 Cal.3d 714 [94 Cal.Rptr. 601, 484 P.2d 577], this court struck down candidate residence requirement provisions of five years and three years duration respectively. Although I concurred in Zeilenga, I dissented in Camara (joined by Chief Justice Wright and Justice McComb) on the basis that altho...
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Opinion Defendant was charged by information with two counts of murder. His request to represent himself in propria persona was denied, and he pleaded not guilty to both counts. His motion to suppress certain evidence was denied, as was his motion for propria persona privilege to use the law library in the jail. After trial by a jury, defendant was found guilty of two counts of murder in the first...
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Opinion The People appeal (Pen. Code, § 1238, subd. (7)) from an order of the Superior Court of Los Angeles County dismissing an information (Pen. Code, § 1385) following the granting of defendant’s *159 motion for suppression of evidence under section 1538.5 of the Penal Code. The information charged defendant Michael Joseph Lawler with possession of marijuana for sale (Heal...
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*167 Opinion In these cases we retained jurisdiction to draft new legislative and congressional reapportionment plans for the elections of 1974 through 1980 in the event that the Legislature did not enact valid reapportionment statutes in 1972. (Legislature v. Reinecke (1972) 6 Cal.3d 595, 604 [99 Cal.Rptr. 481, 492 P.2d 385] as modified (1972) 7 Cal.3d 92, 93 [101 Cal.Rptr. 552, 496 P.2d...
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9 Cal.3d 169 (1973) 507 P.2d 964 107 Cal. Rptr. 76 SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiff and Respondent, v. RICHARD D. BOURGERIE et al., Defendants and Appellants. Docket No. L.A. 30095. Supreme Court of California. In Bank. March 28, 1973. *170 COUNSEL Jack Otero, Roger M. Sullivan and Gideon Kanner for Defendants and Appellants. Rollin E. Woodbury, Robert J. Cahall, Harry W. Sturges, Jr...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law for a period of one year. Facts: Between the years 1961 and 1964, petitioner represented Allan W. Parker as an attorney. They also became social friends and saw each other on occasions other than those involving legal matters....
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9 Cal.3d 185 (1973) 507 P.2d 956 107 Cal. Rptr. 68 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL DAMIEN MILAN, Defendant and Appellant. Docket No. Crim. 15377. Supreme Court of California. In Bank. March 28, 1973. *188 COUNSEL Elliot E. Stanford, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, William E. James, Assistant Attorney Genera...
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Opinion Michael Milan was found guilty by a jury of first degree murder of Keith Burney, kidnaping Burney for the purpose of robbery with *189bodily harm, first degree robbery of Burney, attempted, murder of Horace Robert, and first degree robbery of Raymond Lester. The jury fixed the penalty at death for the murder and at fife imprisonment without possibility of parole for the kidnaping, and the ...
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Opinion This is a proceeding for writ of mandate brought by three ex-felons to compel respondent election officials to register them as voters. The case calls into question once again the constitutionality of provisions of California law excluding from the franchise all persons who have been *202 convicted of an “infamous crime.” We addressed ourselves to this problem seven y...
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Opinion In an information filed by the District Attorney of Los Angeles County, defendant was charged with five counts of murder, one of assault with intent to commit murder, and two counts of robbery. Defendant was also charged with one prior felony conviction (Pen. Code, § 211), which he first denied but later admitted. The jury found defendant guilty as charged and found all the murder counts, ...
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Opinion The Los Angeles Free Press (Free Press), its editor and owner, Arthur Glick Kunkin, and its reporter, Gerald Robert Applebaum, were each indicted on two counts of receiving stolen property (Pen. Code, § 496) 1 for allegedly taking possession of two documents which had been removed from the Los Angeles office of the Attorney General by Jerry M. Reznick. 2 At trial, after the close of...
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9 Cal.3d 257 (1973) 507 P.2d 1383 107 Cal. Rptr. 175 ELAINE REECE WINT et al., Plaintiffs and Appellants, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK et al., Defendants and Respondents. Docket No. L.A. 30049. Supreme Court of California. In Bank. April 3, 1973. *259 COUNSEL Casey, McClenahan & Fraley, George R. McClenahan, Hollister, Brace & Angle, Robert O. Angle and Leonard Sacks for P...
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Opinion This is an appeal from a declaratory judgment that an insurance policy issued by plaintiff covered defendant Billy Milton Johnston for an accident on March 9, 1968, when he was driving a 1964 Chevrolet Impala. The trial court found coverage under the “temporary substitute automobile” provision of the policy. The record sustains the propriety of that ruling, and other points raised by the ...
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*286 Opinion This is a civil action by the Attorney General against various sellers of encyclopedias and similar publications by door-to-door solicitation, charging false and misleading advertising (Bus. & Prof. Code, § 17500) and unfair competition (Civ. Code, § 3369). The complaint prays, inter alia, that defendants be ordered to offer each customer who has been solicited by a ...
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I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 [100 Cal.Rptr. 152, 493 P.2d 880], I dissent from the modification of the judgment. (See Cal. Const., art. I, § 27.)...
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Opinion This is a companion case to People v. Sommerhalder, ante, p. 290 [107 Cal.Rptr. 289, 508 P.2d 289]. The defendants were jointly charged with two counts of murder (Pen. Code, § 187), but were separately tried and convicted of murder in the first degree (Pen. Code, § 189). Each received the death penalty. This is the automatic appeal of Kenneth Preston. Substantially the same evidence was pr...
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I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 [100 Cal.Rptr. 152, 493 P.2d 880], I dissent from the modification of the judgment. (See Cal. Const., art. I, § 27.)...
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Opinion In this case we are faced with the problem of determining the scope of allowable discovery under the psychotherapist-patient privilege established by Evidence Code section 1014. Janet Roberts, petitioner, was injured on March 24, 1971, in a collision with an automobile owned and operated by defendants Alice and Henry Weist. She subsequently filed an action for personal injuri...
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Opinion We issued an order to show cause in response to an application for a writ of habeas corpus on allegations that the respondent court committed error in denying petitioner bail in violation of Penal Code section 1271 and article I, section 6, of the Constitútion. We conclude that the respondent court did indeed err in disallowing petitioner an opportunity-to post a reasonable bail. At appro...
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Opinion In this case we must determine whether the defense of entrapment is applicable to a disciplinary proceeding of the Board of Medical Examiners of the State of California (hereinafter “Board”). After unsuccessfully asserting such an entrapment defense in an administrative hearing before the Board, plaintiff, Dr. Frank Patty, sought review of the administrative decision by writ of ma...
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Opinion We here consider the rights of the true owner of a negotiable instrument which has been collected and paid on a forged indorsement. The question has not previously arisen in this state under the Uniform Commercial Code, and has seldom been addressed in other jurisdictions. 1 *375 The record recounts a typical tale of forgery. Plaintiff Joseph Stell, an attorn...
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*389 Opinion Defendant petitions under Penal Code section 1538.5 for an order compelling the superior court to quash a search warrant, to suppress evidence seized pursuant to that warrant, and to dismiss the charges against her. For the reasons discussed below, we conclude that a writ of mandate should issue compelling the quashing of the warrant and suppression of the evidence. The facts m...
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9 Cal.3d 405 (1973) 509 P.2d 497 107 Cal. Rptr. 681 JUNE CROWNOVER et al., Plaintiffs and Respondents, v. JAMES A. MUSICK, as Sheriff, etc., Defendant and Appellant. CLARENCE REYNOLDS et al., Plaintiffs and Appellants, v. CITY OF SACRAMENTO, Defendant and Respondent. LEONARD F. GLANCY et al., Plaintiffs and Appellants, v. COUNTY OF SACRAMENTO, Defendant and Respondent. LEONARD L. GLANCY et al., P...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board that petitioner be suspended from the practice of law for three months. 1 Petitioner who was admitted to practice in 1953, was charged in a notice to show cause with converting $1,253.30, which he held in trust and had a duty to apply in payment of medical expenses of his clients, Mr. and Mrs. Scott Gayhardt. ...
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*455 Opinion The Supreme Court of the United States on February 26, 1973, issued its judgment and mandate that the judgment of this court be vacated and the cause be remanded to us for such further proceedings as may be appropriate. The opinion of the United States Supreme Court, reported at 410 U.S. 425 [35 L.Ed.2d 398, 93 S.Ct. 1019], states in part that “[w]e are unable to determine . . ...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State.Bar of California that petitioner be suspended from the practice of law in this state for a period of three years on conditions of probation, including actual suspension for the first year. Petitioner was admitted to practice law in California in 1949, and he has no prior record of discipline. The r...
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Opinion In 1968 John Henry Crumpton was charged with kidnaping for the purpose of robbery, the victim being subjected to bodily harm (Pen. Code, § 209), and robbery (Pen. Code, §211). While represented by counsel, Crumpton negotiated a plea with the prosecutor as a result of which he was permitted to plead guilty to kidnaping for the purpose of robbery, in return for which the allegation of bod...
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Opinion Defendant appeals from a conviction of robbery (Pen. Code, § 211) following trial by jury. He asserts that prejudicial error occurred at trial, namely, two separate violations of the rule which forbids any adverse comment upon the exercise of his right to .remain silent at trial. (See Griffin v. California, 380 U.S. 609 [14 L.Ed.2d 106, 85 S.Ct. 1229].) We have concluded that althou...
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I concur. Were it hot for the subsequent passage of section 13338.11 I would regard Heckley v. Board of Education (1959) 53 Cal.2d 218 [1 Cal.Rptr. 4, 347 P.2d 4] as controlling this case, and would dissent from the court’s affirmance of the judgment herein. No tenable factual distinction exists between the instant case and Heckley. In both cases teachers were paid exactly what they were promised—...
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Opinion When a claims interviewer denied plaintiff’s (hereinafter petitioner) application for unemployment benefits, petitioner asked an attorney to appeal that decision to a referee. Due to a mistake in calendaring, the attorney filed the appeal three days after the expiration of the ten-day period provided by Unemployment Insurance Code section 1328. Although both section 1328 and Unemploymen...
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Opinion This is a proceeding to review a recommendation of the disciplinary board that petitioner be disbarred. *504Petitioner, a 64-year-old attorney who was admitted to practice in 1934, has no prior disciplinary record. In the instant proceeding he was charged in a notice to show cause with violating his oath and duties as. an attorney (Bus. & Prof. Code, §§ 6103, 6067, 6068) and committing ac...
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Opinion We are called upon to determine whether "attempted assault” is a crime in the State of California. We conclude that it is not. About 10:30 a.m. on the morning of December 7, 1971, Los Angeles Police Officer Sietz and his partner were conducting a field interview with two juveniles loitering in the area of a school. Across the street, some 35 feet away, a crowd of 75 to 100 ot...
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9 Cal.3d 524 (1973) 510 P.2d 361 108 Cal. Rptr. 185 STANLEY M. LINDROS, Plaintiff and Appellant, v. GOVERNING BOARD OF THE TORRANCE UNIFIED SCHOOL DISTRICT, Defendant and Respondent. Docket No. L.A. 30059. Supreme Court of California. In Bank. May 31, 1973. *526 COUNSEL Arthur Grebow and Stephen E. Kalish for Plaintiff and Appellant. John D. Maharg, County Counsel, Kenneth E. Reynolds, John J. Wa...
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I dissent. The majority opinion reverses appellant’s conviction on the ground that he was denied his right to a trial by a “jury of the State and district wherein the crime shall have been committed” (italics added) as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. For the reasons set forth below, I have concluded that the jury selection procedure employed in ...
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9 Cal.3d 566 (1973) 510 P.2d 1032 108 Cal. Rptr. 480 JEROME GRUENBERG, Plaintiff and Appellant, v. AETNA INSURANCE COMPANY et al., Defendants and Respondents. Docket No. L.A. 30082. Supreme Court of California. In Bank. June 11, 1973. *569 COUNSEL Hirsch, Marcus & Wechsler and Alvin Hirsch for Plaintiff and Appellant. Wagner & Scuderi, Robert S. Scuderi, Robert E. Cartwright, Edward I. Po...
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Opinion Linda Bedford by her guardian ad litem appeals from a judgment for defendants in a personal injury action.1 Defendant, a truck driver at construction projects, became interested in masonry. When he moved into a new house in San Jose he planned to landscape the house’s then-naked front yard, both to improve its appearance and to provide an area in which his wife could display her floral ar...
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*606 Opinion This is a proceeding to review a recommendation of the Disciplinary Board that petitioner be suspended from the practice of law for 60 days. 1 Petitioner, who was admitted to practice in 1955, has no prior disciplinary record. In the instant proceeding he was charged with, inter alia, wilfully violating rule 12 of the Rules of Professional Conduct, which...
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Opinion Petitioners, Robert F. Brown and his six codefendants in one criminal prosecution, and Abbass Bozorg and his four codefendants in a second prosecution, were convicted after jury trials of violating Penal Code sections 408 (participating in an unlawful assembly) and 415 (disturbing the peace). They were acquitted of charges of violating section 409 of that code (failure to disperse...
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*629 Opinion The crucial question we face here is whether a citizen may properly be subjected to the peering of the policeman who, without a search warrant, walks over ground to which the public has not been invited but which has been reserved for private enjoyment, stands by a window on the side of a house and peeks through a two-inch gap between the drawn window shade and the s...
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Opinion By an information, defendant and Curtis Vann were charged with sodomy (Pen. Code, § 286), and Carlos Rodriguez was charged with attempted sodomy and assault with intent to commit that offense. At defendant’s request, his case was severed. After a court trial, he was found guilty of sodomy, and a jury subsequently found that he was sane at the time of the commission of the offense....
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Opinion It has long been the rule in this state that a magistrate’s dismissal of criminal charges following a preliminary examination does not bar the People from either refiling the same charges before another magistrate or seeking an indictment based upon those charges. (See Ex parte Fenton, 77 Cal. 183, 184 [19 P. 267]; People v. Prewitt, 52 Cal.2d 330,...
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Opinion The People were directed in response to petitioner’s application for a writ of habeas corpus to show cause why the following orders should not be set aside: (1) order denying petitioner’s motion to withdraw a plea of guilty to a charge of robbery; and (2) order granting probation. We conclude that the remedy sought by petitioner is unavailable and that, in any event, the trial court did...
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Opinion Defendants David Hernandez Martin and M. Nick Prizant appeal from orders granting probation following the convictions of each on two counts of receiving stolen property. (Pen. Code, § 496, subd. I.) 1 The causes were submitted to the court on transcripts of the preliminary hearings for its determination of guilt or innocence in accordance with a negotiated disposition as to sentence. ...
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Opinion Proceeding to review recommendations of the Disciplinary Board of the State Bar of California and a local administrative committee concerning attorney George L. Vaughn, Jr. *700 Facts Vaughn was counsel for one convicted of impersonating a police officer. A new trial having been granted, retrial was set for a Monday in September 1965. When the case was called in the late afternoon...
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*707 Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law for a period of one year. Petitioner was admitted to practice in this state on September 11, 1962. He testified that, in addition, he was a real estate broker and a general contractor and had been in the c...
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Opinion Defendant appeals from a judgment entered upon his plea of guilty of possession of heroin (Health & Saf. Code, § 11500) after denials of his motions to set aside the information (Pen. Code, § 995) *720 and to suppress evidence (Pen. Code, § 1538.5). 1 One of five charged prior convictions was found to be true, probation was denied, and defendant was sentenc...
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Opinion Plaintiffs in a class action appeal from an order of dismissal entered after the court sustained, without leave to amend, defendant’s demurrer on the ground that the complaint failed to state a cause of action. Preliminarily, we observe that we are limited on this appeal to a determination of the sufficiency of the complaint as a matter of law and that for such purpose we tre...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be disbarred. Petitioner was admitted to practice in this state on September 11, 1962. In 1965, he was convicted in a court trial in the Superior Court of Los Angeles County of six counts of crimes involving moral turpitude—three counts of grand theft (Pen....
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I concur with points I and IV of the majority opinion but dissent from points II and III. However beguiling the rationale of the majority opinion, its melancholy result is to penalize these defendants for a successful appeal. Had defendants graciously accepted the trial court’s erroneous judgment of guilt of violating Penal Code section 415, or had they appealed and lost, they would have remained ...
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*775 Opinion Petitioners 1 seek writs of certiorari and mandate to compel the Los Angeles Superior Court to grant their motions to quash service of summons and to vacate a default judgment and levy of execution against defendants, a corporation, and a partnership in which the corporation was general partner. Defendant corporation’s applicátion to the Commissioner of Co...
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9 Cal.3d 784 (1973) 512 P.2d 317 109 Cal. Rptr. 93 THE PEOPLE, Plaintiff and Respondent, v. JOSHUA NICHOLAS HILL, Defendant and Appellant. Docket No. Crim. 14930. Supreme Court of California. In Bank. July 26, 1973. *785 COUNSEL Joshua Nicholas Hill, in pro. per., and Donald F. Roeschke, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Will...
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*791Opinion Defendant was charged with possession of marijuana for sale (former Health & Saf. Code, § 11530.5) and possession of cocaine (former Health & Saf. Code, § 11500).1 He moved for suppression of the evidence on the ground of illegal search and seizure. (Pen. Code, § 1538.5.) The trial court ordered the evidence suppressed, and on its own motion dismissed the indictment (Pen. Code, § 1385...
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9 Cal.3d 808 (1973) 512 P.2d 833 109 Cal. Rptr. 201 ANTONIA GUERRERO et al., Plaintiffs and Appellants, v. ROBERT CARLESON, as Director, etc., et al., Defendants and Respondents. Docket No. L.A. 30079. Supreme Court of California. In Bank. July 30, 1973. *809 COUNSEL George M. Duff for Plaintiffs and Appellants. Ralph Santiago Abascal, Jay-Allen Eisen and Phil Goar as Amici Curiae on behalf of Pl...
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Opinion These consolidated proceedings present various legal issues relating to the custody of Joseph A. Ferreira II [hereafter “Joey”] and Charles Rickard Ferreira [hereafter “Ricky”], the children of Joseph A. Ferreira [hereafter “Joseph”] and his former wife, now Carolyn J. Eilerman [hereafter “Carolyn”]. Ferreira v. Ferreira (S.F. 22908) is Joseph’s appeal from a...
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Opinion The Commission on Judicial Qualifications, following a hearing before it and review of a report of special masters appointed pursuant to rule 907, California Rules of Court, objections to that report, and the record of the hearings before the special masters found, inter alia: Between December 1969 and October 1972 Judge Leopoldo Sanchez regularly furnished to a bail bondsman orders for...
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Opinion The Commission on Judicial Qualifications, following a hearing before it and review of a report of special masters appointed pursuant to rule 907, California Rules of Court, objections to that report, and the record of the hearings before the special masters, found, inter aha, that Judge Antonio E. Chavez regularly furnished to a bail bondsman presigned orders for release of prisoners o...
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*850 Opinion Petitioner seeks review of a decision of the Workmen’s Compensation Appeals Board (hereinafter referred to as “the board”), after reconsideration, in which the board made awards for new and further permanent disability. The applicant, while employed by Macy’s Department Store as a laborer or warehouseman, sustained a compensable injury to his low back on March 1, 1966, while li...
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Opinion In this interpleader action, defendant Joe Jackson, Jr., appeals from that portion of a judgment which grants a lien pursuant to Welfare and Institutions Code section 141171 in favor of lien claimant Department of Health Care Services of the State of California (Department) 2 against the amount apportioned to Jackson of the proceeds of uninsured motorist coverage deposited in court by the...
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9 Cal.3d 871 (1973) 512 P.2d 1208 109 Cal. Rptr. 304 THE PEOPLE, Plaintiff and Respondent, v. CLAY DUMAS, Defendant and Appellant. Docket No. Crim. 16723. Supreme Court of California. In Bank. August 14, 1973. *874 COUNSEL Tolbert, Wooden & Malone, John H. Wooden and Hugo E. Hill for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney Ge...
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Opinion Appeal from order denying preliminary injunction. (Code Civ. Proc., § 904.1, subd. (f).) *890 Defendant owns land within 1,000 yards of the California coastline. Having planned to develop the property since 1968, it applied to the City of San Diego for a building permit in July 1972, for construction of a condominium project. The permit was granted on 6 December 1972. In the first...
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*909 Opinion We are asked to decide whether, under the particular facts of this case, a contract of life insurance existed between plaintiff’s deceased spouse and defendant insurance company, and if so, whether decedent’s alleged misrepresentations regarding the state of his health and past medical history rendered that contract void and unenforceable. The trial court, aided by a...
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Opinion Defendants, charged with violation of three sections of the Health and Safety Code, moved unsuccessfully to set aside the information pursuant to Penal Code section 995, 1 and failed to obtain a writ of prohibition in the Court of Appeal. We granted defendants’ petition for hearing in order to decide whether a magistrate who issues a search warrant may relieve police officers of the s...
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Opinion Plaintiffs appeal from the denial of a petition for a writ of mandate to compel defendants city council and city clerk to terminate proceedings for annexing approximately 24.7 acres of land to the City of Thousand Oaks under the Annexation of Uninhabited Territory Act of 1939 (Gov. Code, §§ 35300-35326, hereinafter referred to as the 1939 act.) 1 Plaintiffs, husband a...
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