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All Reporters → cal-app → Volume 136

Opinions in cal-app Volume 136

This is a bank robbery case. The crime was committed by one Crowley together with another man who, according to the contention of the prosecution, was the defendant Poggi. The defendant having been convicted appeals from the judgment and from the order denying his motion for a new trial. The evidence is amply sufficient to prove that appellant was present at the time and place of the robbery, a...
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The pertinent facts adduced by the evidence introduced on the trial of the action in the trial court appear to be as follows: One Herman was the owner of certain real property subject to the lien of a mortgage thereon in the sum of $11,000, which real property he sold to Maud P. Phillips, appellant herein, for the sum of $18,000; – in payment of which Mrs. Phillips gave to Herman $3,000 in cash, a...
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This is an appeal from an order of the Superior Court of Orange County made on the eleventh day of September, 1931, denying the motion of appellant to vacate and set aside an order made on the seventh day of August, 1931, sustaining objections of respondent to the settlement of a proposed bill of exceptions on appeal from a judgment, and denying appellant relief from his default in preparing and p...
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The defendant was accused by two counts of an information of the crime of rape and of the crime of lewd and lascivious conduct. The jury acquitted him on the first charge and convicted him on the second. He has appealed from the judgment and the order denying his motion for new trial. As his sole ground for a reversal he urges that as but one act was proved the verdicts are inconsistent and that a...
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Marie S. Hart was operating an automobile in a heavy fog and the machine collided with a freight train, injuring a guest passenger, Ferne Drumm, who thereafter sued Mrs. Hart for damages. A jury found *Page 13 for the plaintiff in the sum of $7,000 and defendant appeals from the judgment entered thereon. [1] The issue before us very largely lies around the effect of two written instruments, one a...
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THE COURT. The appellants were convicted in the Superior Court of Sacramento County of a felony, to wit: Robbery of the first degree. [1] The transcript on appeal was filed in this court September 15, 1933. No brief has been filed in behalf of appellants. The cause was regularly placed on the calendar for oral argument on December 4, 1933. No briefs having been filed and the time therefor having e...
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The appellants were convicted in the Superior Court of Sacramento County of a felony, to wit: Robbery of the first degree. The transcript on appeal was filed in this court September 15, 1933. No brief has been filed in behalf of appellants. The cause was regularly placed on the calendar for oral argument on December 4, 1933. No briefs having been filed and the time therefor having expired, pursuan...
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The plaintiff had judgment in the sum of $500 for and on account of the destruction of property on *Page 17 lands belonging to him, by a fire alleged to have been set by the defendant for the purpose of burning grass on lands belonging to the defendant, and which fire it is alleged was negligently allowed to escape from the defendant's lands. The cause was tried by the court sitting without a jur...
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This is an appeal from a judgment in favor of the plaintiff in an action for damages for injuries received by the plaintiff about midnight on February 28, 1932. At the intersection of Tenth Street and Broadway, in the City of Santa Ana, there was at that time a dip or depression across Broadway which had been constructed for the purpose of carrying storm waters. It was stipulated that in October, ...
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This is a motion to dismiss the appeal or affirm an order granting a motion for new trial, under the provisions of section 3, Rule V, Rules for the Supreme Court and District Courts of Appeal. The action grew out of a collision of motor vehicles in an intersection of public streets in the city of San Diego in which Celia Elias de Aragon, wife of Jose Aragon, was injured. The jury returned verdicts...
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On December 28, 1920, plaintiff loaned his close friend, defendant M.N. Newmark, the sum of $2,500. In addition, and in order to stay execution on a judgment rendered against said defendant, plaintiff became surety on a stay bond. Such judgment was appealed by Newmark and was affirmed. Demand was made on plaintiff by the judgment creditor to pay said judgment, with interest and costs, in accordanc...
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The plaintiff had judgment in this action for the sum of $2,296.68, on account of merchandise sold and delivered by the plaintiff to the defendant. From this judgment and the order of the court denying a new trial, the defendant appeals. As no appeal lies from an order denying a new trial, the attempted appeal from such order is hereby dismissed. The only question presented upon this appeal concer...
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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 46 The above-entitled causes being actions for damages resulting from the same automobile collision were tried together before the same jury, are reported in one transcript, and presented to us upon one set of briefs. The jury returned a general verdict in fa...
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This is an appeal by one of the parties from an order vacating and discharging a writ of review issued for the purpose of reviewing certain proceedings had in a justice’s court. After the filing of appellant’s opening brief the respondent moved to affirm the judgment on the ground that the questions raised are so unsubstantial as not to need further argument. The only record before us consists ...
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This is a motion by the appellants upon suggestion of diminution of record to have inserted in and made a part of the transcript on appeal the instructions given by the trial court to the jury. The action is one involving alleged misrepresentations in the sale of cattle. Certain of the issues were submitted to a jury and the parties seem to sharply disagree *61 as to whether the entire verdic...
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Plaintiff appeals from an order denying her motion to vacate a judgment of dismissal entered in the superior court, which judgment was entered by reason of the failure of the plaintiff to produce any evidence at the trial of the action, after denial by the court of her motion for a continuance. From the record it appears that this case was regularly set for trial for August 28, 1930; that plain...
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Plaintiff sued to recover a penalty on a real estate broker’s bond. The cause was tried without a jury and findings and judgment were for the bonding company. Prior to trial the plaintiff voluntarily dismissed as to the brokers. The appeal presents a single question of fact. During the year 1931 the plaintiff delivered to the brokers at various times sums of money to be used by the brokers in t...
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This is a petition for rehearing, after denial by this court of a petition for writ of review of a judgment of the superior court entered on appeal from a judgment of the Municipal Court of the City of Los Angeles. The judgment of the municipal court was rendered in an action arising out of a contract between the parties to that action. The judgment was to the effect “that the plaintiff have ju...
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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 69 The defendant has appealed from a judgment of $7,500 which was rendered against him pursuant to a verdict returned by a jury in a suit for personal injuries sustained as a result of slipping and falling on a recently waxed stairway. A reversal of the judgm...
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THE COURT. Theodore R. Jenks in his lifetime was employed by respondent Carey as an insurance salesman. He received a salary and commission. On Sunday, August 21, 1932, between 5 and 6 o'clock A.M., while at his home he received a telephone call from A.L. Dutra, who stated that he had met with an automobile accident and requested decedent to come to his assistance. Decedent agreed and drove his au...
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Theodore R. Jenks in his lifetime was employed by respondent Carey as an insurance salesman. He received a salary and commission. On Sunday, August 21, 1932, between 5 and 6 o’clock A. M., while at his home he received a telephone call from A. L. Dutra, who stated that he had met with an automobile accident and requested decedent to come to his assistance. Decedent agreed and drove his automobile ...
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Suit having been filed praying an alternative judgment for partition or the sale of certain real property and division of the proceeds, an interlocutory judgment was granted in favor of the plaintiff, from which the instant appeal was taken. [1] From the pleadings and the evidence it appeared without contradiction that the respondent and his copartner, attorneys at law, had rendered services to th...
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The action is to recover a balance claimed due upon a promissory note executed by defendants and payable to plaintiff. The case was tried without a jury and judgment going for the plaintiff the defendants prosecute this appeal. The sole point involved is the statute of limitations. It is claimed that the action is barred under the provisions of section 337 of the Code of Civil Procedure, limiting ...
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This in an appeal from a judgment of nonsuit in an action alleging wilful misconduct, brought by plaintiff against defendants. [1] The court may grant a nonsuit only when, disregarding conflicting evidence and giving to plaintiff all the value to which it is legally entitled, therein indulging in every legitimate inference which may be drawn from the evidence, the result is a determination that th...
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Plaintiff brought this action for commissions as real estate agent, for his services in selling three tracts of land owned by defendant. [1] He recovered judgment for his commissions, and from this judgment defendant has appealed. It is alleged in *Page 104 the complaint that on September 10, 1926, three separate contracts were entered into between appellant, by and through its secretary, and the...
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[1] In this proceeding a judgment creditor sought successfully to subject the homestead of the judgment debtor to execution under the provisions of sections 1245 et seq. of the Civil Code. The trial court adjudged the homestead exemption to be the sum of $1,000 and ordered a sale of the real property by the marshal of the Municipal Court of the City of Los Angeles and decreed that out of the proce...
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THE COURT. Action for damages for personal injuries. A verdict was rendered for plaintiff in the sum of $12,500. A motion for a new trial was made and denied. From the judgment entered on the verdict this appeal is taken. *Page 108 The facts surrounding the case are without dispute. On May 29, 1929, plaintiff was walking on the sidewalk on Washington Street, in Oakland, in front of a building own...
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From a judgment rendered in favor of the plaintiff the defendant appealed, assigning certain findings of fact as unsupported and erroneous. The plaintiff alleged that the defendant and its agents intending to deceive and defraud her represented that said company was earning dividends of eight per cent, that its stock was worth and was selling generally on the market for $10 per share, that its sto...
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This is an appeal from a judgment entered after an order sustaining defendant's demurrer to plaintiff's first amended complaint. The original defendant, R.W. Nuttall, died after the filing of this appeal and an order was made substituting as defendant the executor of his last will and testament. By its amended complaint plaintiff seeks to recover from the original defendant four separate sums alle...
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For some time prior to July 1, 1929, defendants J.D. Patterson and W. Witherly had been partners in the sheep business, under the firm name of Patterson Witherly. During that period the partnership, in the firm name, purchased groceries from plaintiff for their sheep camps; certain groceries were also purchased by Witherly individually. The partnership carried a checking account with the Commerci...
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The plaintiff, defendant and one Ole Hanson were the owners of a certain tract of land in Los Angeles County. Jamison, the plaintiff, owned a one-half interest, Cotton, the defendant, one-fourth and Ole Hanson one-fourth thereof. There was a mortgage against said real property in the sum of $65,000, dated March 1, 1928, with interest at the rate of seven per cent per annum payable quarterly. It wa...
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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 134 This is an action for damages brought by the administrator of her estate for the death of Johanna Hill, which is claimed to have resulted from the negligence of both appellants. The cause was tried with a jury, which returned its verdict against both appe...
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This is an appeal from a judgment awarding damages for the death of Elizabeth Hill, the minor daughter of respondent, resulting from injuries received in an automobile accident. The cause was tried with a jury, which rendered its verdict in the sum of $7,833. Shortly after 10 o'clock P.M. of the evening of January 24, 1932, respondent, driving a Ford coach, with his wife and their three minor chil...
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By verdict of the jury in the trial of this action the defendant was found guilty of violation of section 653f of the Penal Code, as charged in the indictment. By the indictment the defendant was accused of said crime, described as "soliciting the commission of a crime, to-wit, the offer and acceptance of a bribe", as follows, to wit: that the defendant did "solicit Bonner Adams, S.M. Haskins and ...
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This action was brought by plaintiff to recover from defendants unpaid rent. Judgment was rendered for plaintiff. Defendants moved for a new trial and for an order vacating the judgment, and said motions being denied, they appealed. This appeal was brought up on the judgment-roll alone, although evidence was introduced at the trial. Respondent alleges in her complaint that on the eighteenth day of...
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On May 27, 1932, Pacific Indemnity Company, petitioner herein, issued a standard policy of Workmen's Compensation Insurance to Florence Blanche Lounsbury, administratrix employer. At that time the insured was the duly appointed, qualified and acting administratrix of the estate of her deceased husband, and as such was operating a garage business in the city of Merced. On March 10, 1933, the estate...
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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 165 Respondent Gus Paulos brought this action to recover damages for personal injuries, sustained in a collision between a horse-drawn peanut wagon, driven by him, and an interurban car, owned by appellant Market Street Railway Company and operated by appella...
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This is an action for damages for malicious prosecution. The defendant corporation was engaged in the business of retailing milk in the city of San Bernardino and defendant Schnepp was its route foreman. About four months prior to March 3, 1932, the plaintiff entered the milk business in San Bernardino and by personal solicitation obtained some one hundred and forty customers, taking from thirty p...
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This is an action to quiet title to certain mining claims in Inyo County. In her “answer” the defendant alleged that she had leased the property from the two first-named plaintiffs, that those plaintiffs had falsely represented themselves to be the sole owners of the property, and prayed for damages. This answer was filed on August 31, 1932. A memorandum for the purpose of having the cause set fo...
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Plaintiff sued to quiet title to lands which were sold to the City of Los Angeles (defendant) *Page 181 for a delinquent assessment levied against them to pay the expense of their acquisition by condemnation for park purposes. A demurrer was sustained and judgment was entered against plaintiff, who has appealed on the judgment-roll. The acquisition of said lands resulted from proceedings institut...
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The People appeal from two judgments of dismissal, after orders sustaining general demurrers to the informations. *Page 185 The defendants Schlachter and Gartman were charged with violations of section 549 of the Penal Code, by presenting four separate false proofs of loss against four different companies upon contracts of insurance and indemnity, for personal injuries claimed to have been sustai...
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Upon the forfeiture of bail in the Municipal Court of the City of Los Angeles, in each of several cases, motions were made to set aside the forfeitures, which were denied. A petition to the superior court for writ of prohibition restraining further proceedings upon said undertakings was there held insufficient and a demurrer thereto was sustained, from which ruling the petitioner appealed. In each...
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Upon the forfeiture of bail in the Municipal Court of the City of Los Angeles, in each of several cases, motions were made to set aside the forfeitures, which were denied. A petition to the superior court for writ of prohibition restraining further proceedings upon said undertakings was there held insufficient and a demurrer thereto was sustained, from which ruling the petitioner appealed. In each...
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Plaintiff appeals from an adverse judgment in an action brought to have declared a trust in certain real property. Respondent has neither filed a reply brief nor presented an oral argument on this appeal. Two causes of action are set forth in plaintiff's amended complaint. The first alleges that plaintiff is the surviving mother of the deceased, Allie Fred Haywood, and that she had instructed a no...
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An order having been entered in the superior court denying a petition that the Municipal Court of the City of Los Angeles be required to vacate its judgment theretofore rendered upon an undertaking, the petitioner appealed. Said petitioner furnished its undertaking as surety upon appeal by one Earle Wilson from a judgment of the municipal court declaring him guilty of having violated the state sta...
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THE COURT. The above action was brought to quiet plaintiff's title to a parcel of land in Los Angeles County. Plaintiffs acquired title from the estate of J.J. Morgan, deceased, by deed dated September 20, 1929, and recorded on September 27, 1929. Morgan acquired the property from F.N. J. Willey on November 8, 1902, by a deed which recited that the conveyance was made subject to "the mortgage on ...
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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 203 This cause is before us upon an appeal by the defendant from an order and judgment of the trial court fixing and determining, after the taking of testimony, the degree of the offense of robbery of which the defendant had theretofore pleaded guilty. This p...
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On October 2, 1931, an information was filed in the Superior Court of Stanislaus County, containing, among other things, two counts, each of which charged the defendant with the crime of burglary. Upon being arraigned upon this information the defendant entered a plea of guilty to both of the counts charging him with the crime of burglary. On the thirteenth day of October, 1933, the appellant file...
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Motion for diminution of record. Respondents herein have made a motion for diminution of record by incorporating in and making part of the transcript on appeal an order amending nunc protunc an order granting a motion for a new trial. The order amending the record was made under the following circumstances: An appeal was taken by contestants from an order granting a motion for a new trial of the c...
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THE COURT. This is an action to compel the reconveyance of a parcel of real property in Los Angeles County based upon the alleged violation of certain building restrictions. Plaintiffs on July 26, 1923, were the owners of a tract of land described as lot 73 of Montebello according to a map thereof duly recorded. On that date they executed and recorded a "Declaration of Establishment of Restriction...
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Plaintiff, as administratrix of the estate of the deceased, brought this action to recover damages for the death of the deceased. The cause was tried by the court sitting with a jury and from a judgment on the verdict in favor of defendants, plaintiff appeals. The accident in which deceased met his death occurred on April 16, 1928, at the intersection of Third Street and Evans Avenue in San Franci...
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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 235 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 236 The defendant was charged with the murder of Kehar Singh. He was convicted of manslaughter. From the judgment ...
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THE COURT. This is an appeal by the defendant from an order of the Superior Court of Sonoma County directing the defendant, as county clerk, to certify to the Secretary of State certain nominating petitions of the Communist Party to participate in the primary election of August, 1932. [1] It is evident from this statement that nothing is involved except abstract questions; that no order can be mad...
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On the evening of December 19, 1931, the plaintiff was a passenger in a taxicab owned by the California Cab Company and driven by one of the persons constituting that company. As this taxicab was proceeding along Park Boulevard in the city of San Diego, a Cadillac rent car owned by the defendant Smith and driven by the defendant Bruce, and carrying two passengers for hire, bumped into the taxicab ...
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This is an appeal from an order settling the account of the guardian of the guardian of the estate of an incompetent person. The account as rendered shows that the guardian was allowed sums as compensation for her services and as compensation for her attorneys. No claim of error is made as to those items. However, she was allowed certain sums to reimburse her for moneys expended in traveling and f...
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An order having been entered in the superior court denying a petition that the Municipal Court of the City of Los Angeles be required to vacate its judgment theretofore rendered upon an undertaking, the petitioner appealed. Said petitioner furnished its undertaking as surety upon appeal by one Earle Wilson from a judgment of the municipal court declaring him guilty of having violated the state sta...
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This is an appeal from a decree settling the first account of the executor herein. The facts necessary to a discussion of the case show in substance that Elyse C. Rindge died in November, 1927. At the time of her death she was the owner of an estate appraised at the sum of $147,119.73, including a house and lot situated on the northwest corner of Pacific Avenue and Gough Street, appraised at $100,...
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Motion by respondent to dismiss appeal on the ground that no transcript has been filed. [1] It appears by certificate of the county clerk that notice of request for the preparation of a transcript was filed on January 16, 1933; that no transcript has been filed pursuant to section 953a of the Code of Civil Procedure or otherwise; that any proceedings in the trial court for the preparation of a tra...
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Motion by respondent to dismiss appeal on the ground that no transcript has been filed. It appears by certificate of the county clerk that notice of request for the preparation of a transcript was filed on January 16, 1933; that no transcript has been filed pursuant to section 953a of the Code of Civil Procedure or otherwise; that any proceedings in the trial court for the preparation of a transcr...
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The appellant, who is an attorney, was named as a defendant in an action filed in the Justice's Court of the Sixth Township in the County of Kern, which action was based upon certain services claimed to have been rendered to the appellant by two attorneys in Bakersfield. The complaint in that action alleged that the contract, upon which it was based, was entered into in the township named, but did...
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Plaintiff suffered personal injuries while riding as a guest in an automobile driven by defendant Smith. On a trial by jury she had judgment against defendant Smith in the sum of $15,000, from which judgment said defendant appeals. The injuries were sustained as the result of a collision between the automobile of defendant Smith and a milk truck operated by defendant Ammons for the defendant Dairy...
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From a judgment on verdict in a pedestrian plaintiff's favor for injuries negligently inflicted by an automobile driven by defendants, the latter appeal for insufficiency of evidence and excessive damages. At night, while plaintiff was walking westerly across San Pablo Avenue, Berkeley, he was struck by an automobile of the defendant company driven southerly along the avenue by its employee, defen...
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The decedent left a holographic will in words and figures as follows: "Los Angeles, California "June 17th, 1926 "I, Theresa Dorothea Combs, being of sound mind and body, and fully cognizant of what I am doing, hereby make this my last will and testament. I wish to appoint my daughter Theresa Gertrude Patterson, that she, without bonds have ample legal power to administer said Estate. "I bequeath t...
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This is an appeal from a judgment of dismissal entered after sustaining demurrer to plaintiffs' complaint without leave to amend. This action is brought by the heirs of Federico Meza, deceased, against the stockholders of Higgins Estate, a corporation, in damages for the wrongful death of said deceased. The death occurred on the twenty-sixth day of March, 1929, and the complaint was filed on the t...
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Mandate to compel the dismissal of an action. The petition alleges in substance that on the thirteenth day of June, 1932, the action sought to be dismissed was filed in Mono County against Masonic Mines Association and others. Thereafter, on August 5, 1932, defendants filed *Page 299 a demurrer and also a demand for change of place of trial. The demand for the change was granted and the action wa...
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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 303 While walking home from a theater in the Ingleside district, San Francisco, about 10 o'clock at night, a Mr. and Mrs. Louw found the lifeless body of an elderly woman lying in the street close to the curb on Kenwood Way, near the junction of Fairfield Way...
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Petitioner was regularly bound over to the superior court for trial for pandering. [1] He complains to this court that there was not sufficient evidence produced at the hearing to legally justify his being held for trial. There is sufficient evidence to justify the belief that such a crime was committed in his residence. There is evidence of his implication and knowledge. The writ is discharged. C...
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Petitioner was regularly bound over to the superior court for trial for pandering. He complains to this court that there was not sufficient evidence produced at the hearing to legally justify his being held for trial. There is sufficient evidence to justify the belief that such a crime was committed in Ms residence. There is evidence of his implication and knowledge. The writ is discharged. Craig,...
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The plaintiff had judgment in this action brought for the purpose of compelling a reconveyance from the defendants of certain real and personal property. From this judgment and an order denying a new trial, the defendants appeal. [1] As no appeal lies from an order denying a new trial, that portion of the appeal is hereby dismissed. The complaint in the action and the findings of the court are to ...
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In support of their motion to dismiss the appeal herein for failure of the appellant to file a transcript of the record within the prescribed time, respondents have presented the certificate of the county clerk as required by Rule VI of the Rules for the Supreme Court and District Courts of Appeal. [1] The facts stated in the certificate are uncontradicted and it therefrom appears that notice of a...
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Plaintiffs instituted, this action for the purpose of vacating a sale of certain real property in the city of Redlands theretofore made by the defendant Security First National Bank of Los Angeles to the defendant Plarry J. Morris. From a judgment rendered in favor of the defendants plaintiffs have appealed. The record on appeal discloses that the following facts were established by the ev...
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This is an appeal from the order denying defendant’s motion for a new trial. As stated by appellant: “This appeal involves the following questions of law, to-wit: “(1) The evidence was insufficient to sustain a finding of guilty by the Court. *338 “(2) The finding of guilty was contrary to law and contrary to the evidence for the reason above stated. “(3) The court erred in denying defe...
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Defendant appeals from the judgment of conviction of involuntary manslaughter and from the order denying his motion for a new trial. Appellant’s first point, that the evidence was insufficient to justify the verdict, is not well taken. There is at most only a conflict in the evidence. The only point worthy of discussion in this appeal is the alleged misconduct of the district attorney occurri...
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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 343 The defendant was convicted by the court sitting without a jury of the crime of burglary of the first degree, and a prior conviction of another felony. Evidence was adduced pursuant to section 1192a of the Penal Code, of the fact that the defendant was no...
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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 351 Appellant was very seriously injured when a wall bed in which he was sleeping collapsed. He brought his action to recover damages and has appealed from a judgment entered for respondents following the granting of their motions for nonsuit. He does not que...
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On September 20, 1926, J.A. Floyd executed a written authority to appellant to act as broker in the sale of a twenty-acre orange grove in San Bernardino County, upon which he and his wife lived. Appellant took several prospective purchasers to the property and on September 17, 1926, informed Mr. Floyd that he had an offer of purchase from J.D. Whitted and Ruth Esther Whitted, his wife, and tendere...
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From a judgment based on the verdict of a jury awarding damages for personal injuries the defendant has appealed and has brought up typewritten transcripts. It makes several points, among others, that the record does not show the defendant was negligent, but that it does show the plaintiff was negligent and that he assumed the risk out of which the injury occurred. In its opening brief the defenda...
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The trial court made an order sustaining a demurrer to the plaintiff's second amended complaint without leave to amend. From the judgment entered thereon the plaintiff has appealed. The complaint contains two counts. In the first count, in effect, the plaintiff alleged that it is a Maryland corporation doing business in this state; that defendant district is a public corporation organized under th...
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The verdict of a jury and resultant judgment having been rendered in favor of the plaintiff in an action for damages alleged to have been sustained through negligence of the defendant, the latter appealed. From the evidence elicited from certain of its witnesses the appellant argues that the verdict is wholly without support as to the manner in which two automobiles of the parties collided upon...
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Defendant was charged in an information with the crime of issuing a check for the payment of money on a bank without having sufficient funds or credit thereat, with intent to defraud. A plea of not guilty was interposed, a jury waived and the issue of the guilt or innocence of the accused was tried before the court, and the defendant found guilty as charged. A motion for a new trial was presented ...
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This action was instituted by the assignee of a mortgage to foreclose the mortgage. The defendant, Pico Investment Company, a corporation, appeals from a decree of foreclosure. The mortgagees, James Hocking and Ella Hocking, had previously, and in a separate *Page 391 action, sought foreclosure of this mortgage. That action will be referred to as No. 194481. Prior to the assignment to the plainti...
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Plaintiff instituted this action on July 19, 1928, seeking cancellation of a certain promissory note executed by him in the amount of $1250 and a trust deed covering real property in Riverside County which was given to secure payment of the note. Both instruments were dated April 18, 1928. The note was made payable one year after date. The payee named in the note was Charles H. Weygint. The ground...
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Defendant appeals from a judgment of conviction of the crime of conspiracy to commit burglary; also from each of three judgments of conviction of the crime of burglary in the second degree, as well as from an order by which his motion for a new trial, which related to each of such respective convictions, was denied. [1] It is first contended that "the corroborative testimony fails to connect the a...
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This is an appeal from a final judgment of rescission and from an order refusing to set aside a default judgment which was entered against the appellant for failure to appear at the trial of the case. The plaintiffs executed an agreement with the General Development Company to purchase lots 1 and 2, block 5, tract 10263 in Los Angeles County. In payment for this property two promissory notes secur...
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The plaintiffs have presented this alternative motion, under the provisions of Rule V, section 3, of the Rules for the Supreme Court and District Courts of Appeal, to dismiss the appeal or affirm the order granting a new trial after judgment had been rendered pursuant to the verdict of a jury which was returned in favor of the defendant. The motion is made on the ground that the *Page 418 appeal ...
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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 425 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 426 On July 12, 1932, the plaintiffs instituted this action to recover from the defendants the sum of $2,100 repre...
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Motion by respondent to dismiss appeal. On October 9, 1933, respondent gave notice that on November 13, 1933, a motion to dismiss the appeal would be presented. The grounds for the motion were stated to be, first, failure of appellant to file points and authorities within the time prescribed by the rules of this court and, second, failure of appellant to cause a bill of exceptions to be prepared a...
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THE COURT. The plaintiff, who was the owner of lot 625 of Tract No. 6380, sometimes known as Beverly Vista, in Los Angeles County, applied to Howe Haun Investment Company, a corporation, for a loan of $5,000, to be secured by a deed of trust of the property, her purpose being to erect a dwelling thereon. A written application for a loan signed by her recited that the loan was to be used for said ...
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In an action for commissions alleged to have accrued for services rendered under a contract to obtain an agreement to furnish to the defendant and appellant fifty carloads of oranges, the latter appealed from a judgment founded upon affirmative findings of fact. In the interest of economy of time and discussion a common ground of the parties may be stated as established. The plaintiff, a fruit bro...
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In this action, prosecuted by the plaintiff to obtain an interlocutory decree of divorce and an award of community property, the plaintiff had judgment granting the prayer of her complaint in so far as the marriage relation theretofore existing between the plaintiff and the defendant *Page 450 was dissolved, but in its decree the court found that there was no community property, and from this por...
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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 459 Plaintiff and defendant entered into a contract dated April 1, 1931, whereby plaintiff agreed to produce sand, gravel and rock at his plant near the town of San Juan Capistrano in Orange County, and make deliveries to defendant on defendant's trucks at th...
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The clerk's and reporter's transcripts were filed in this court on September 2, 1933. The matter .was placed on the calendar for October 10, 1933, and then continued to November 14, 1933. On November 9, 1933, a stipulation to dismiss the appeal was filed, signed by the attorney for the appellant and by a deputy attorney-general. On the same day a letter was received from the appellant stating tha...
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Motion to dismiss appeal. From the record it appears that on August 3, 1933, a jury rendered a verdict in the above-entitled action in favor of plaintiff and against the defendant in the sum of $8,000 and costs. The action was one brought under the provisions of section 29 (b) of the Workmen's Compensation Act for damages for personal injuries and for attorneys' fees as provided for under the act....
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Plaintiff sued upon two separate policies of insurance issued by the defendant upon the life of one Adolpho Maggini. The first policy was dated May 9, 1932, and the second May 19, 1932. The insured died on June 18, 1932, his death resulting from bronchial pneumonia. Preliminary to the issuance of the policy the insured signed an application and a report of a medical examiner designated for that pu...
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Plaintiff and the defendant entered into a written contract whereby the plaintiff agreed to drill a well for water on certain described land of the defendant, and the defendant agreed to pay therefor at a prescribed rate measured by the number of miner’s inches of water produced from the well. A well was drilled to the depth of approximately eight hundred forty feet, from which ninety inches of w...
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On October 31, 1930, respondent herein filed her complaint for divorce against appellant upon the ground of cruelty. In this complaint, among other things, she alleged "that plaintiff and defendant have entered into a property settlement agreement wherein and whereby they have made a division of all the community property belonging to them and said defendant has made provision for the payment of 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 495 In this action the plaintiff seeks to enjoin the defendant from storing waters of the North Fork of the San Joaquin River other than in accordance with the terms of a certain contract entered into on June 14, 1909, between the predecessors of the plaintif...
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This is an action to recover on a policy of accident insurance. The demurrer interposed by the defendant insurance company to the second amended complaint was overruled and said company declined to answer; whereupon a default judgment was entered, from which the company appeals. [1] The points urged in support of the appeal are that it affirmatively appears from said complaint, to which a copy of ...
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The respondent, Mrs. Ethel J. Luttrell, was induced by one John J. MacArthur, a real estate agent and notary public in Mill Valley, Marin County, to make a loan of $1,000 on two lots in Mill Valley owned by W.C. Wright of Los Angeles, in consummation of which MacArthur delivered to Mrs. Luttrell a deed of trust purporting to have been signed by the owner and his wife, and bearing MacArthur's notar...
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This appeal involves the interpretation of a trust clause of a will. Mary C. Hamon, the testatrix, died in September, 1927, survived by seven adult children, a son and six daughters, one of whom was Edith I. Brown, the wife of appellant. The will provided first that all real property belonging to the estate be sold. The testatrix then bequeathed to six of her children, not including Mrs. Brown, a ...
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Husband and wife having died at approximately the same time, a controversy as to disposition of insurance moneys was determined in favor of the estate of the latter, from which judgment an appeal was perfected, the sole question involving the sufficiency of the evidence. [1] It appeared that both of the spouses were discovered in their home, each having expired as a result of gunshot wounds. The a...
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This appeal was decided hy this court September 29, 1933, and subsequently respondent, against whom the decision went, complained in a petition for a rehearing that the opinion failed to mention important facts. Upon a more particular examination of the transcript we became convinced that respondent was correct in this and we granted a rehearing. *525 This case is for damages both compensator...
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As the result of an attempt to ride upon a small device installed for the amusement of children, personal *Page 533 injuries were incurred for which the plaintiff instituted an action for damages. Findings of fact, conclusions of law and judgment were rendered in her favor, and the defendants appealed. [1] The complaint alleged that in a certain amusement resort to which general admission was cha...
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From a judgment rendered pursuant to trial upon a petition for a writ of mandamus, directing that the respondent be restored to duty upon the police department of the city of Los Angeles and that he be paid accrued salary from the date of his alleged attempted suspension therefrom, the board of police commissioners of said city has appealed. By this petition the respondent alleged and the trial co...
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The essential facts herein are that one Jack Coffee having pleaded “guilty” to a charge of petit larceny contained in an information theretofore filed against him in the superior court, and at the same time having admitted the additional fact (also charged against him in said information) that prior to the date on which said offense was committed he had been convicted of a felony and had “served ...
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This action was instituted by Donald Woodman, a minor, by his guardian ad litem, and by Rena Woodman, his mother, to recover damages sustained by them because of injuries to Donald resulting from the alleged negligence of all of the defendants. A verdict was returned and judgment rendered in favor of the Riverside County Council of Boy Scouts of America and the Troop Committee of Hemet Troop No. 4...
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Plaintiff was injured when she slipped and fell in a steam room in the Berkeley Steam Baths, an institution owned and operated by defendant Reinberg. Upon the trial defendant's motion for nonsuit was granted at the close of plaintiff's case and from the judgment of nonsuit plaintiff appeals. Plaintiff and her friend, Mrs. Steinberg, were occasional patrons of said baths. The steam rooms, which adj...
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Plaintiff and her seven associates had defaulted upon their obligation to pay to the defendant a promissory note in the sum of $50,000 and the real property covered by the deed of trust as security for the note was *Page 558 sold pursuant to the terms of the trust deed. Thereafter the defendant herein commenced an action against this plaintiff and her associates to recover the deficiency due afte...
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This is an action for damages for eviction brought by a lessee. Theo. K. Hill was the owner of certain premises consisting of a store and certain bakery equipment in the town of Anderson, Shasta County, California, where he had for some time carried on a bakery business. *Page 562 On June 1, 1931, he leased the premises and equipment to plaintiff for a period of two years from June 1, 1931, for $...
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This is an appeal on the judgment-roll from a judgment in favor of the plaintiff in the sum of $2,333.57. Plaintiff asks us to modify the judgment and affirm it as modified. Defendant has filed no brief but his counsel appeared at the oral argument and stated that his client desired the reversal of the judgment which had been rendered against him. The complaint states a cause of action in the f...
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Appellant has moved for a diminution of the record on appeal, whereby he seeks to have incorporated in it a duly certified copy of his notice of appeal, and certified copies of various documents and account books by which he maintains it is shown that a jury trial was waived by the parties. [1] The notice of appeal is a necessary part of the record in order that this court may be enabled to assume...
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The plaintiff commenced an action to recover damages for breach of an alleged contract under the terms of which the defendant undertook to keep the plaintiff covered with compensation insurance. The defendant answered and the action was tried before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant has app...
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The defendant was convicted of murder of the first degree and sentenced to life imprisonment. He was charged with administering strychnine to his associate, Hanjiro Onishi. The case is based largely on circumstantial evidence. [1] It is contended the verdict is not supported by the evidence and that the court erred in admitting certain declarations which were made by Onishi just before his death o...
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Motion to dismiss appeal from decree restraining the defendant association from disqualifying or barring the plaintiff school from participating in interscholastic athletics. Upon a complaint wherein the trustees and principal of Covina Union High School alleged that their students had been excluded from certain athletics illegally and contrary to provisions of the constitution and rules of the de...
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W.S. Hopkins, usually called Earl Hopkins, died on August 4, 1931, leaving a will executed on July 18, 1931, which was duly admitted to probate on August 21, 1931. On February 3, 1932, the contestant filed a petition asking that the probate of this will be revoked on three grounds, to wit: That the deceased was of unsound mind on the day the will was executed; that the will was procured by the und...
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This is an appeal on the judgment-roll alone from a judgment following a trial by the court sitting without a jury. While the appeal was pending in the Second Appellate District appellant was granted permission on motion for diminution of the record to file the reporter's transcript of the proceedings in the lower court. Such a transcript was filed, but it does not bear the certificate of the tria...
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In an action for attorneys' fees alleged to have been earned, judgment was rendered upon a verdict in favor of the plaintiffs, from which judgment the defendant appealed. At a stage of certain litigation theretofore commenced, the appellant in June, 1926, entered into a contract in writing employing the respondents to "attempt to enforce a contract for supplying water to his land in Ventura County...
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[1] This is a motion by respondent to dismiss an appeal for the reason that the printed transcript of the record has not been served and filed within the time required by the provisions of section 1, Rule I, of the rules of this court. From the affidavit of respondent's counsel and from the certificate of the county clerk of Kern County made pursuant to Rule VI of the rules of this court, it appea...
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In 1898 Will C. Crawford, husband of plaintiff, acquired title to five acres of land in Orange County. He died in 1912 and the property was distributed to his wife in the probate of his estate. C.B. Lewis was the owner of the property adjoining the Crawford land on the north. The title to the Lewis land passed through mesne conveyances to the defendants in 1931. From 1898 to 1931, the owners of th...
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Plaintiff sued on a written contract. The cause was tried before the court sitting without a jury and the plaintiff had judgment for $5,000, from which the defendant appeals on typewritten transcripts. Both parties to the agreement were motion picture producers. In the summer of 1929 negotiations were had concerning the purchase by the defendant of certain literary rights of the plaintiff. On O...
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On or about March 7, 1932, Frank Sudbrock, as plaintiff, instituted suit against Elizabeth Kroener, as defendant on a promissory note for $600, dated March 23, 1927, and due one year thereafter, to recover the principal sum thereof with interest. Elizabeth Kroener filed an answer and cross-complaint, by which cross-complaint she prayed judgment against *Page 626 plaintiff and cross-defendant for ...
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D efendant was found guilty by the court sitting without a jury on four counts of an indictment charging four separate violations of the Corporate Securities Act. This is an appeal from the judgments of conviction and the order denying defendant’s motion for new trials. Appellant urges that the evidence shows that he was the owner of the stock sold and fails to show that the transactions in q...
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This action was brought to foreclose a mortgage given by appellants to secure the payment of a promissory note in the principal sum of $15,000, dated March 1, 1929, due five years after date, with interest at the rate of seven per cent per annum, payable semi-annually. Both the note and mortgage contained acceleration clauses operative upon default in the payment of any installment of interest. Th...
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Plaintiff sought to recover damages for personal injuries sustained while working on the "Castle Town", a vessel owned and operated by defendant. The cause was tried by the court sitting without a jury and from a judgment in favor of defendant, plaintiff appeals. The cause was previously tried by the court sitting with a jury. That trial resulted in a judgment in favor of the defendant, which judg...
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This is an action to quiet title to two quarter-sections of land in what is known as the Kettleman Plains, being partly in the county of Kings and partly in the county of Fresno. The surrounding country is sparsely settled and this land, together with large tracts of land around it, has been used for many years only for the purpose of pasturing stock. Patents covering the two parcels were issued b...
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On review of certain proceedings had before the Industrial Accident Commission, in essential particulars it appears that in the course of and arising out of his employment with the City of Pasadena, one Silka sustained certain injuries that disabled him for a period of several months, during which time he was paid compensation. More than one year after Silka was discharged as cured of his said inj...
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Plaintiff obtained judgment against defendants for $1200, and defendants appeal. The complaint contained two common counts, stated separately, the first for money had and received and the second for money loaned. The answer consisted of denials of the allegations of the complaint; and on the issues of fact raised thereby the trial *Page 654 court found in plaintiff's favor and entered judgment ac...
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THE COURT. This appeal of the defendants is from judgments of conviction against each of them, and from orders denying their motions for new trial. They were both convicted by verdicts of the jury on an indictment against them, including one charge of conspiracy, ten counts of grand theft, and six counts of violation of the Corporate Securities Act. The sufficiency of the evidence to sustain the j...
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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 677 Defendant was charged in an amended information, containing five counts, with five separate offenses of forgery (fictitious name) and with two prior convictions, one in California and the other in New York. He admitted the prior conviction in California, ...
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Plaintiff sued to recover damages for personal injuries. A motion for nonsuit was granted at the close of plaintiff's case and from the judgment of nonsuit plaintiff appeals. Plaintiff, a lessee of defendant, conducted a beauty shop on the mezzanine floor above defendant's market. Said market was located on the ground floor on the corner of Telegraph Avenue and Williams Street in the city of Oakla...
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Certain beneficiaries of a trust estate created by means of a final decree of distribution pursuant to the terms of a will have appealed from a judgment rendered in an equitable action directing the sale of real property contrary to the express prohibition of the trust. The question which is involved in this appeal is whether a court of equity may direct a sale of real property and authorize a rei...
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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 701 The evidence in this case discloses that a group of five hundred or more people, members of various organizations, journeyed in a motor caravan from the city of Los Angeles to the city of San Diego on May 30, 1933, for the purpose of meeting to protest ag...
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This is an appeal from an order modifying the conditions of probation theretofore granted appellant following her conviction on a charge of burglary. The following are the circumstances leading up to the making of the order: Appellant, a young married woman who lived part of the time with her husband in Redwood City, was caught burglarizing a department store on Mission Street in San Francisco....
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Plaintiff sued to recover damages for personal injuries. Upon a trial by jury plaintiff had judgment against defendants for the sum of $1500. A motion for new trial was made in the trial court and from the order granting said motion, plaintiff appeals. [1] The only point argued by appellant is that the trial court erred in granting a new trial on the ground of insufficiency of the evidence. The mo...
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Defendant was charged with violation of chapter 638, Statutes of 1931 (Deering's Gen. Laws, Act 5130b), in that he and his co-defendants on May 2, 1933, did wilfully, unlawfully and feloniously engage in the business and act in the capacity of motor carrier transportation agents without first obtaining a license therefor. The case was heard by the court sitting without a jury, and resulted in the ...
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In this action the defendant was jointly indicted with Tony Cardinale, Ralph Thatcher, Charles F. Gingg and F.B. Hoyt (otherwise known as Bernard Felts), tried and found guilty of two robberies, and also the offense of murder. The verdicts returned against the defendant George Jones found him guilty of robbery on one of the counts in the second degree; guilty of robbery on one of the counts in the...
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The defendant was convicted by a jury of the crime of grand theft, accomplished by stealing from E. C. Clarenbach the sum of $375. It is claimed the judgment is not supported by the evidence for the reason that no one testified to having actually seen the defendant take the money, and because the identical currency was not identified. There is no merit in the appeal. Reading the record leaves n...
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The defendants have appealed from an order for an injunctionpendente lite which was made in a suit in equity restraining the City of Los Angeles from discharging the plaintiff as an employee in the bureau of engineering in the department of public works of that city. It is claimed he had attained permanent tenure under civil service. The issue on appeal is whether a court of equity has jurisdictio...
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J ohn E. Fletcher and Christina Fletcher, his wife, were injured by an automobile owned by defendant Roseman and driven by his agent Morris Starker in the course of his employment. John E. Fletcher brought an action to recover the damages sustained by him, and joined with his wife in another action to recover for the damages alleged to have been sustained by her injuries. The cases were consoli...
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The attorney-general has moved to dismiss this appeal upon the ground that appellant has not filed any statement of his ground of appeal or any points upon which he will rely. Section 7 of Rule II of the Rules for the Supreme Court and District Courts of Appeal, provides in part as follows : ‘ The appellant must, within five days after giving notice of the appeal, file with the clerk and presen...
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This is a motion to dismiss the appeal or affirm the judgment on the grounds that the court erred in relieving the appellant from her default in the matter of filing a bill of exceptions within the statutory time; that for this reason the court had no jurisdiction to settle a bill of exceptions; and that the points raised in the opening brief are so unsubstantial as to require no further argument....
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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 748 In action No. 53418 the defendant was accused of the crime of receiving stolen property, then and there the personal property of one Orlando, defendant well knowing the same to have been stolen. The alleged date of commission of this crime was July 11, 19...
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This is a motion to dismiss the appeal or affirm the judgment on the grounds that the appeal was *755 taken for delay only and that the questions involved are so unsubstantial as not to need further argument. It appears from the opening brief that the judgment entered amounted to more than $200,000; that the appellant was forced to abandon a counterclaim in a much larger amount because it was...
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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 757 From a judgment in favor of the plaintiff the defendant L.H. Cramer has appealed. In its complaint the plaintiff pleaded a written guaranty and prayed for a judgment based thereon. On the calling of the case counsel made an opening statement. That stateme...
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This is an appeal from an order made in proceedings purporting to be supplemental to execution. Assuming merely for the purpose of this opinion that the record is sufficient, the facts material to this appeal, which are recited in the transcript, include the following. In the above-entitled action a judgment was rendered by default in favor of the plaintiffs and against the defendant corporation o...
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Suit was brought by plaintiff to recover a balance of $3,500 on an earned commission of $8,500. It was admitted that defendant agreed in writing to pay the total commission of $8,500 and that but $5,000 thereof was actually paid. Defendant set up as an affirmative defense that the purchaser to whom the property was sold, on which sale the commission was earned, defaulted and refused to perform its...
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Action by plaintiff, as surviving wife of William L. Magby, on the double indemnity provision contained in three policies of insurance on the life of decedent, issued by defendant, the single indemnity provided for therein having been theretofore paid by the defendant company. The case was tried before a jury, which returned a verdict in favor of plaintiff. From the judgment entered upon such verd...
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This is a suit on a promissory note signed by defendant in favor of Ida Shores. The original complaint alleges an assignment or indorsement of the note to Olve J. Shores. The case was called for trial and the court permitted the amendment of the title to the complaint, so that the plaintiff should be “Olve J. Shores, also signs Ida Stockton Shores”. The cause came on for trial and the plaintiff t...
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This is an appeal from a judgment for the sum of $12,500 with interest upon a disallowed claim against the estate of A.W. McPherson, deceased. Appellant contends that the judgment cannot stand for the reason that the statute of limitations had run against a promissory note with a trust deed securing its payment before the claim was presented to the probate court. The facts are as follows: On the t...
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This action is based on section 3 of article XII of the Constitution and section 322 of the Civil Code (as of April, 1929) for the recovery of stockholders' liability. Judgment went for plaintiff. [1] The one point raised on appeal may be simply stated and its solution needs no detail as to facts. That point is: *Page 783 Are those who subscribed for stock prior to but in contemplation of incorpo...
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From an order granting a motion for nonsuit and judgment entered accordingly the plaintiff appealed. Briefly stated, the complaint alleged that the defendant negligently furnished for the use of employees of the plaintiff’s employer a defective electrical apparatus knowing the same to be defective and dangerous, that plaintiff in using the same for said employer was injured thereby and that sai...
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MEMORANDUM CASES. An application for a writ of mandate directing the respondent Municipal Court to set aside an order forfeiting bail bonds and entries of judgments thereon having been denied by the superior court, the petitioner appealed. [1] The questions presented having been determined inSeaboard Surety Co. v. Municipal Court, 208 Cal. 596 [283 P. 289, Los Angeles Suret...
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An application for a writ of mandate directing the respondent Municipal Court to set aside an order forfeiting bail bonds and entries of judgments thereon having been denied by the superior court, the petitioner appealed. The questions presented having been determined in Seaboard Surety Co. v. Municipal Court, 208 Cal. 596 [283 Pac. 289, Los Angeles Surety Co., Inc., v. Municipal Court, 111 Cal. A...
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In the above-entitled cause the petitioner sought in the superior court a writ of audita querela to compel the Municipal Court to set aside an order forfeiting bail and entering judgment, which petition was denied. From the latter ruling the petitioner appealed. [1] The questions here presented having been determined in considering controversies between the same parties adversely to the appellants...
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In the above-entitled cause the petitioner sought in the superior court a writ of audita querela to compel the Municipal Court to set aside an order forfeiting bail and entering judgment, which petition was denied. From the latter ruling the petitioner appealed. The questions here presented having been determined in considering controversies between the same parties adversely to the appellants, th...
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[1] Petition for mandate to compel respondent to issue execution on a judgment. The facts are stated in the opinion in Rosslow v. Janssen,ante, p. 467 [29 P.2d 287], this day decided. Upon the authority of that case the petition is denied. Knight, J., and Cashin, J., concurred. A petition for a rehearing of this cause was denied by the District Court of Appeal on February 28, 1934. *Page 788 [EDI...
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Petition for mandate to compel respondent to issue execution on a judgment. The facts are stated in the opinion in Rosslow v. Janssen, ante, p. 467 [29 Pac. (2d) 287], this day decided. Upon the authority of that case the petition is denied. Knight, J., and Cashin, J., concurred. A petition for a rehearing of this cause was denied by the District Court of Appeal on February 28, 1934....
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The plaintiff instituted the action as the assignee of Raphael Weill Company, a corporation operating the department store known as The White House in San Francisco. The defendants, Henry M. Jones and Anna (otherwise known as Zona C.) Jones, are husband and wife, who have been living apart under a separation agreement dated June 16, 1915. In the agreement Mr. Jones agreed to pay his wife for her ...
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