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All Reporters → cal-app → Volume 73

Opinions in cal-app Volume 73

Plaintiff, a widow, sued to recover damages for the death of her minor son, alleged to have been caused by the negligence of the defendant. She was given judgment and the defendant has appealed. Respondent objects to the consideration of the evidence on the ground that appellant's request for a transcript thereof was not filed in time. To uphold the contention would be to affirm the judgment, no e...
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This is an action to recover from defendant the total sum of $634.65, alleged to be due plaintiff on two different accounts. The plaintiff is engaged in the lumber business, its principal place of business being in the city and county of San Francisco. One K. Benneche was, at the time that some of the transactions involved herein took place, the owner of a lumber business at Penn Grove, Sonoma ...
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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 15 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 16 Defendants were charged with the crime of "burglary with explosives" under an information of three counts. The d...
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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 This is an action to recover personal property seized by defendant, the sheriff of San Diego County, under a writ of attachment issued in an action against plaintiff's assignors. The complaint alleges that plaintiff is the owner and entitled to the possess...
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A partnership agreement was executed in writing on October 7, 1918, by W.K. Lee, Louis Zimmer, and William Lingg, for the purpose of cultivating, seeding, harvesting, and marketing the products of certain agricultural lands in Kern County. The contract provided that Lee should furnish the lands, which he held under a lease from the Lerdo Land Company, and all stock, teams, and implements necessary...
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This is an appeal by the defendant from a judgment upon a verdict- of a jury finding him guilty of murder. Appellant’s statement of facts fairly summarizes the outstanding features of the record, which are: Lum Wing Lock, the deceased, lived in a room on the second floor of a building on Grant Avenue in San Francisco, California. Another room close by was occupied by his son, Lum Sing Gum, and ...
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By separate counts in the information the defendant was charged with two unlawful sales of intoxicating liquor, alleged to have been made on different days. She was convicted on both counts. Her motion for a new trial was denied. This appeal is from the judgment of conviction. One witness testified in detail that the defendant made the sales as alleged. The liquor described in the first count cont...
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Certiorari. During the years 1922 to 1924, inclusive, petitioner was duly licensed in this state in the business of "acting as a broker for corporate securities." On December 6, 1924, he filed with the Corporation Commissioner his application for a renewal of his state license to continue in such business. Thereupon the Corporation Commissioner caused to be served on petitioner a "citation" requir...
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Application for alternative writ of prohibition. By the petition, it appears that there is pending an action commenced by the city of San Diego against petitioners in the Superior Court of San Diego County, which action on change of venue was transferred to respondent Superior Court of the county of Orange. Said action is to be tried on June 15, 1925, and, unless prevented by the issuance of an al...
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Petition by A. Galletta for a writ of mandate to the Justice's Court of the City and County of San Francisco to recall and quash an execution issued from that court. An action was brought by respondent, Felix Lehman, against petitioner in said Justice's Court to recover the sum of $100. Judgment therefor was entered during the year 1915 and petitioner appealed therefrom on questions of law and fac...
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Action to quiet title to certain lands. The complaint contains two counts – the first being one to quiet title, the other to recover the sum of $600, as money paid on the contract to purchase certain real property. The facts are as follows: On or about the twelfth day of June, 1916, Ewing, McDaniel Meux, a corporation, entered into an agreement with A.P. Weatherbee and R.S. Weatherbee, assignors ...
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The applicant herein heretofore on April 23, 1925, filed in this court an appeal from an order denying him bail after conviction of a felony. (People v. Ephraim, 72 Cal.App. 479 [237 P. 801].) [1] It appeared therein that the superior court had made and filed a certificate of probable cause but denied the application for bail pending appeal upon the sole ground, so it was alleged, that it was not ...
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The defendant, the City of San Gabriel, was contemplating the installation of a municipal water system and entered into the following contract with plaintiff, a civil engineer: *108 “Contract of Employment, “This Agreement, made and entered into this 8th day of February, 1921. “Witness: That, whereas, the City of San Gabriel, California, being desirous of owning and operating a water syst...
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THE COURT. The defendant was convicted of the crime of sex perversion as defined by section 288a of the Penal Code. He moved for a new trial and the motion was denied. This appeal is from the judgment and the order denying a new trial. [1] The transcript was filed in this court February 11, 1925. No brief has been filed by appellant. The cause was placed on the calendar to be orally argued June 1,...
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The defendant was convicted of the crime of sex perversion as defined by section 288a of the Penal Code. He moved for a new trial and the motion was denied. This appeal is from the judgment and the order denying a new trial. The transcript was filed in this court February 11, 1925. No brief has been filed by appellant. The cause was placed on the calendar to be orally argued June 1, 1925. No appea...
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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 116 These two actions were tried together, and resulted in judgments of nonsuit, from which judgments plaintiff appeals. The principal question presented is whether the defendants, as vendees, under installment contracts to purchase land, after having made pa...
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This is an appeal by the defendants from a judgment against them in an action in which plaintiffs asked for a rescission of a contract by which they purchased certain land in the Imperial Valley from the defendants. Plaintiffs alleged that the contract had been induced by false and fraudulent representations, which allegations were denied by the defendants. In response to evidence offered by the p...
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Respondent Lillian Fisk Jaeger was formerly the wife of Samuel Allen Jaeger, an incompetent person, who appears as appellant herein by James R. Edwards, the guardian of his estate. The only issue of the marriage was Pualeilani Jaeger, a minor, whose age at the date of the orders hereinafter mentioned was four years, and of whose person and estate respondent has since June 23, 1922, been the duly a...
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Action brought to recover of defendant and appellant the sum of $452.78, claimed by plaintiff and respondent to have been deposited by her with the Home Savings Bank of Los Angeles, predecessor of appellant. Appellant admits a balance of $52.78 to be due respondent, leaving $400 as the actual amount in controversy. Plaintiff maintained' both a commercial and a savings account with the Home Saving...
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An action to recover real estate broker's commissions, alleged to be of the reasonable value of $1,000, for which amount judgment was given in favor of plaintiff. Defendant appeals. On April 21, 1922, Hufschmidt, the appellant, made a written contract with Umphray, the respondent, whereby, in consideration of a small cash payment and the prospective services of respondent as agent, he agreed to de...
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This appeal is by the plaintiff from a judgment against her in an action in which she sought to *Page 149 recover three bonds of the Home Telephone and Telegraph Company, of the face value of $1,000 each, which she had delivered to the defendant and which it refused to return to her because of a claim of ownership made by E.S. Crocker, who intervened in the action and in whose favor judgment was ...
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It was alleged in the complaint filed by respondent, and admitted by the answer thereto, that on or *Page 153 about the second day of January, 1921, the appellant purchased from respondent and the latter's assignor certain capital stock of the Santa Monica Soft Water Company, a corporation, and that appellant then agreed to pay therefor, in addition to the stipulated sale value, such amount of pr...
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Defendant has appealed from a judgment against him in an action brought by the plaintiff to recover damages for breach of a contract by which defendant promised to indorse the note of the Bethel Vineyard Company in consideration of a renewal of a loan by the plaintiff bank to said company. The trial court has found that on the twenty-fourth day of November, 1922, Bethel Vineyard Company was ind...
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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 164 The defendant was convicted under an information charging him with wilfully and unlawfully maintaining a common nuisance at a certain building or *Page 165 house numbered 1109 Fifth Street, in the city of Sacramento, state of California. From this judgme...
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The defendant was convicted under an indictment charging him with wilfully and unlawfully maintaining a common nuisance at a certain house or building, numbered 1417 Twenty-second Street, in the city of Sacramento, county of Sacramento, state of California. From the judgment of conviction and the order denying his motion for a new trial the defendant appeals and assigns as grounds for reversal, to...
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This is an appeal by the defendant from a judgment against him for $8,000 in an action brought to recover damages for slander. The allegations of the complaint were denied and as a separate defense numerous incidents in the conduct of plaintiff's hotel business were set forth as a justification for some of the slanderous remarks alleged to have been made by defendant. The complaint contained a ...
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This is an application for leave to sell real property. The application was made by Laurel Hill Cemetery Association. In the lower court George Clark Sargent and others appeared as contestants. A hearing of the application was had and thereafter the trial court made an order granting the leave. From that order the contestants have appealed, and have brought up the judgment-roll and a bill of excep...
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Plaintiff leased certain lands to defendants for a term of five years commencing on the first day of December, 1921, at a "rental for first two years of $2,000 per year and rental for the three years following $2,500 per year, payable semi-annually, every six months, in advance." Defendants went into possession under the lease and paid the first two installments of rent. They vacated the premises ...
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The judgment in this case determines that certain shares of stock of the John E. Yoakum Company, a corporation, are. property of the estate of John E. Yoakum, and that plaintiff is entitled to possession thereof; and orders that the several defendants transfer to plaintiff the shares of stock held by them, as evidenced by their certificates of stock. The findings of fact, which closely follow t...
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The defendant was convicted of the offense of maintaining a nuisance upon an information in the following words and figures, to wit: "Salvatore Buonocore is accused by the district attorney of said county of Sacramento, by this information of the crime of maintaining a common nuisance, committed as follows: "The said Salvatore Buonocore, on the ____ day of November, A.D. 1924, in the said County o...
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The defendant was convicted of maintaining a nuisance and from the judgment following conviction appeals to this court. The information upon which the defendant was tried is identical in form and substance with the information in the case of People v. Salvatore Buonocore, ante, p. 208 [238 P. 812], save and except the location of the building or house in which the intoxicating liquors were found. ...
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The defendant was convicted of maintaining a nuisance by having unlawful possession of intoxicating liquor at 3016 W Street in the city of Sacramento on the ____ day of December, 1924. The conviction was had upon the theory that unlawful possession of intoxicating liquor within a building constituted the crime of maintaining a common nuisance. The information in this case is similar to the informa...
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The defendant was convicted of the offense of maintaining a nuisance by having in his possession a jug containing about a gallon of intoxicating liquor at a certain building or house occupied by him at No. 714 in the alley between M and N Streets, in the city of Sacramento, and appeals from the judgment of conviction. [1] The evidence in this case shows nothing further than the mere possession of ...
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This appeal is by the plaintiff from a judgment against him for something over $1,500 upon a cross-complaint filed by defendant as administrator with the will annexed of the estate of Susan H. Parsons, deceased, in an action in which the plaintiff sought to recover from defendant, as such administrator, $985, alleged to have been advanced to decedent upon an open book account. *220 The extrem...
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This is an appeal upon the judgment-roll alone in an action wherein the plaintiff sought to recover possession of a certain gasoline engine, or the value thereof. The defendant had judgment and the plaintiff appeals. [1] The only points relied upon for reversal are the alleged inconsistencies in the findings and that, therefore, the judgment is not supported by the findings of fact. At the conclus...
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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 231 The plaintiff, Southern Pacific Company, a corporation, brought this action to recover from defendant, Elsie Ann Swanson, $1,350, alleged to be due it as rent for a certain store building at 36 Steuart Street, San Francisco. The case was tried by the cour...
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The defendants Betz and Mabrey, copartners, have appealed from the judgment herein in favor of plaintiff for the value of sixteen elevator doors. The original complaint, which was filed November 18, 1922, alleged that on the ninth day of November, 1922, the plaintiff was the owner and in possession of the doors, and certain appliances, which were of the value of $2,500; that on that day the defend...
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Action to enjoin defendants from interfering with the use of certain real property alleged by plaintiff to be owned by her. The property in dispute is situated in the city of Petaluma and forms a part of what is known and designated as block 517. The complaint alleges plaintiff to be the owner of two separate parcels of land located within said block. The first is described as beginning at the sou...
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The plaintiff was given judgment and the defendant has appealed therefrom. The complaint alleges that on or about the twelfth day of May, 1923, the plaintiff and the board of trustees of the defendant district "entered into an agreement whereby plaintiff was employed as principal in the said Manton Joint Union School District at a salary of two thousand dollars per year payable as follows: $200 pe...
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The defendant was charged with the crime of grand larceny, alleged to have been committed on the fourth day of December, 1916. He was arraigned on the ninth day of December, 1916, and entered a plea of guilty. December 29, 1916, he was admitted to probation for a term of ten years. April 11, 1925, the order granting *Page 261 probation was revoked and the court entered judgment "that the said Fra...
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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 264 This is an action brought to recover the sum of $5,460 for work done in graveling a county road under a written contract executed with the County of Sonoma under the provisions of section 2643 of the Political Code. The action is termed a suit in equity, ...
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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 270 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 271 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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Action to recover the sum of $10,000 as damages for personal injuries alleged to have been suffered by plaintiff on account of having been run down by an automobile driven by the defendant William Wilson Scamell, a minor son of J.W. Scamell. Plaintiff McNulty was employed as a street-sweeper by the city of Santa Rosa at the time of the accident in question, and the State Compensation Insurance Fun...
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On the sixth day of December, 1922, the plaintiff was injured as the result of a collision between two automobiles, one owned by the appellant, Miller Automobile Company, and the other by the defendant, S.S. Albright Company. The collision occurred at the intersection of Tenth and S Streets in the city of Sacramento. Plaintiff obtained judgment against the appellant, Miller Automobile Company, for...
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The question involved here is the manner in which a school or schools are located in union *303 school districts. In this case a union school district, later known as “Feather Eiver Union School District,” was organized as required by law by merging two existing school districts in Yuba County. Shortly after the formation of the Union School District the defendants Mann, Beard, Hanson, Parsons ...
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This is an action brought under the provisions of section 3414 of the Political Code to determine the rights of the parties hereto growing out of conflicting applications to purchase certain lands of the state of California, alleged herein to be swamp and overflowed lands. The facts related to the controversy are confused and complicated, but in so far as they appear to be necessary to the decisio...
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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 314 The action was commenced by plaintiff, Edna Vanasek, to quiet title to certain land in Alameda County as against Frank Strybl, appellant herein, Erzsi Novak, respondent, Joe Novak, the husband of respondent and others. Respondent filed her answer to the c...
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This is an appeal by the plaintiff from a judgment against him in an action wherein the complaint presented the following facts: The defendant bank is a corporation organized under the laws of the state of California. Its capital stock consists of 250 shares of the par value of one hundred dollars each. The number of directors of said corporation provided for in its articles of incorporation is th...
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The defendant appeals from a judgment entered upon a verdict of a jury finding her guilty of the crimes of robbery and assault. The prosecuting witness, W. R. Brookes, lived in Downieville, California. He came' to San Francisco and met defendant about a week before the date of the commission of the crimes charged, which was October 20, 1924. On said date, he had breakfast with her at a restaura...
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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 336 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 337 Defendant was tried under an information in two counts. Under the first of these the charge was grand larceny....
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The defendant was convicted pursuant to section 464 of the Penal Code, December 21, 1918, of burglary by means of explosives. The indictment charged him with "wilfully, unlawfully, feloniously and burglariously breaking and entering the store building . . . with intent to commit a crime. . . ." The indictment failed to allege either the name or nature of the crime which it was alleged he intended ...
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This is an appeal from a judgment of nonsuit in an action to annul an assessment levied against plaintiff's property situated in Reclamation District No. 2054, in Sutter and Butte Counties, on the ground that said property was illegally included within said district, not being the character of swamp and overflow land subject to reclamation as provided by statute. The action was brought under the p...
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This is an appeal by defendant M.S. Nunes from an order denying his motion to set aside a judgment entered against him for $2,658.58 after his default had been entered. The motion was made upon the ground that the judgment-roll shows upon its face that the judgment against said defendant is void. This position is predicated upon a contention that the complaint does not state a cause of action agai...
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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 374 A complaint was filed in the justice court of Los Angeles township containing four counts, each charging the defendant with the commission of the crime of grand larceny. A preliminary examination of said defendant was held upon said complaint and the comm...
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This action was commenced for the purpose of having a grant deed decreed to be a mortgage. At the conclusion of plaintiff's evidence the trial court ordered a nonsuit, apparently on the ground that there was no evidence from which the court could find that the deed was intended by the parties as a mortgage, and judgment went accordingly. Plaintiff appeals. *Page 380 [1] There was evidence tendin...
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Action to recover damages for personal injuries which the plaintiff claims to have received as the result of negligence of the defendant in the operation of a train of freight cars at a street crossing. The case was tried before a jury, which returned a verdict in favor of the defendant. The plaintiff appeals from the judgment. The principal errors assigned relate in part to the refusal of instru...
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Action in unlawful detainer. Plaintiff acquired the real property in controversy as a gift from his father, Ralph Granger, a few months prior to the commencement of the action. Prior to conveying this property to his son, Ralph Granger had leased it to the defendant. According to the contention of plaintiff and his father, the term of this lease was one year beginning on March 15, 1921. A copy of...
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This is an appeal by the defendants Alturas State Bank. A. Hafer and J.F. Hansen from a judgment in favor of the plaintiffs in an action brought against the defendants for the alleged conversion of 617 head of sheep belonging to the plaintiffs, taken and removed by the defendants from a larger band of sheep owned by said plaintiffs. It appears from the transcript that the plaintiff Anna Sherlock w...
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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 404 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 405 The defendant was indicted by the grand jury of Nevada County for the crime of rape with his own fourteen year...
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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 414 Plaintiffs, Samuel C. Tomsky and Lee Andrew Cole, as copartners doing business under the firm name of Rauer Collection Company, and the corporate defendant, Rauer's Law and Collection Company, Inc., of which the individual defendants Roy E. Clark, J.J. Ra...
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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 423 According to the prayer of the complaint herein the purpose of plaintiffs in bringing suit against the *Page 424 defendant was to procure a decree of court that the defendant held certain real property in trust for plaintiffs; that plaintiffs' title to s...
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So far as is deemed material to this appeal, the facts herein appear to be as follows: On April 24, 1913, defendants executed a trust deed conveying certain real property (on which was erected an apartment house) to a trustee for the purpose of securing a loan made by the plaintiff to defendants, which trust deed contained the usual provision that in case of default in the payment of either the in...
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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 443 Plaintiffs brought a suit against the several defendants, W.B. Scarborough Company, I.H. Fiske and William I. Traeger as sheriff of Los Angeles County, to set aside a sheriff's sale. The material facts leading up to the sale by the sheriff, of which compl...
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The matter here involved comes to this court on an independent motion made by appellants that the respondents "immediately return to the treasury of the county of Los Angeles the deposit of seven hundred thirteen and 09/100 ($713.09), deposited with the county clerk and by the county clerk deposited in the treasury of the county of Los Angeles, . . . as a tender made by the plaintiffs herein to th...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 461 This is an appeal from a judgment in favor of plaintiffs granting a permanent injunction against defendant from proceeding to enforce a certain judgment and setting aside and canceling the same. The complaint alleges that defendant herein on April 17, 192...
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In this action the plaintiff recovered judgment against defendant on account of defendant’s breach of a contract to purchase from plaintiff his crop of lettuce. The defendant appeals from the judgment. Appellant’s first point is that, for the reason that under a proper construction of the contract defendant was not required to accept more than three cars of lettuce, the complaint does not state...
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This is an action to foreclose a chattel mortgage given to secure a promissory note for the principal sum of $150. The appeal is by the defendants George T. and Zoe Vernon. The action was begun by Lillian M. Mann, who departed this life subsequently to the appeal but prior to the submission of the case here. The administratrix of her estate has been substituted in this court. Because it will condu...
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The return to the writ shows that the sheriff of the county of Los Angeles holds the petitioner in custody by virtue of a commitment out of the superior court of Los Angeles County in an action of the People v. T.S. Williams. The judgment in that action, as shown by the commitment, recites that in an information filed in said court the defendant was charged with the crime of "Violation Corporate S...
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Appellant was tried and convicted of the crime of failing, without lawful excuse, to furnish necessary support for his minor child, and sentenced to serve 180 days in the county jail of the county of Sacramento. Defendant’s motion for a new trial being denied, he appeals to this court therefrom and from the judgment of conviction above named. The only question assigned for reversal is that the 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 497 In the information the defendants were charged jointly with the commission of the crime of attempting to commit grand larceny, with a prior conviction of a felony. Defendant Carter appeals from a judgment of conviction and from an order of the court denyi...
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Plaintiff commenced an action against the defendants as executors of the last will and testament of Patrick Noble, deceased, to recover a judgment based on a rejected claim, or rather a claim not allowed by the defendants. The defendants answered, a trial was had in the trial court, the court sitting without a jury, and judgment went for the plaintiff. The defendants have appealed and have brought...
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Plaintiff brought this action as a citizen and taxpayer of the county of Humboldt against the county auditor, the county treasurer and six members of the board of supervisors of the county, one of whom had succeeded another during the time over which the controversy extended. The complaint was framed upon the theory that certain illegal claims against the county had been authorized by the board of...
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From the petition of the applicant herein for a writ of review it appears that while acting in the course of his employment he suffered an injury in that he was overcome by carbon monoxide gas. For a period covering several months after he sustained the injury, petitioner suffered from some sort of illness, and the ultimate question submitted to the respondent Industrial Accident Commission was wh...
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This matter comes before the court upon a writ of certiorari, the petitioner asking that an award of the Industrial Accident Commission of California be reviewed by this court. It appears from the record that Terry D. Foster, an unmarried man, met his death while in the course of his employment *Page 523 with the Reliance Oil Company at Huntington Beach, California. The deceased left surviving hi...
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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 529 Plaintiffs, who are husband and wife, brought two actions in the court below. In the one first commenced they sued for the recovery of three months' rent, due, respectively, on the 15th of November, 1920, and the fifteenth days of February and March, 1921...
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The plaintiff commenced this action to quiet title to certain property situated in El Cerrito Park, Contra Costa County. The complaint is in the usual form. The answer denies the material allegations of the complaint and sets up two separate defenses – ownership of the property by the defendant and plaintiff's acceptance of the deed under which she claims with full knowledge of the fact that the p...
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The defendant in this case was accused by the district attorney of the crime of violating the Corporate Securities Act, committed as follows: "That the said S.A. Pace on or about the 28th day of November, 1923, at, and in the County of Los Angeles, State of California, did wilfully, unlawfully and feloniously engage, either wholly or in part, in the business of selling, offering for sale, negotiat...
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An appeal by plaintiff Robert Johnston from an order granting defendants' motion for a change of place of trial from the city and county of San Francisco to Shasta County, upon the ground of the residence of the defendants. The action is based upon an alleged agreement to pay real estate commissions to plaintiff's assignor. The single question involved relates to the residence of the defendant Joh...
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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 573 An action to recover the sum of five thousand dollars alleged to be due upon an assigned claim for attorney's fees. All defendants, excepting Robert Johnston, joined in a motion for change of place of trial from the city and county of San Francisco to the...
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The plaintiff commenced an action against the defendant to obtain a judgment for moneys al *578 leged to be due and owing. The defendant answered and the action was tried before the court sitting without a jury. Judgment went for the plaintiff and the defendant has appealed under section 953a of the Code of Civil Procedure. Shortly prior to the eighth day of June, 1921, M. 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 582 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 583 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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THE COURT. It appears from the petition that William Locke Paddon was, on the fifth day of September, 1924, adjudged *Page 605 guilty of contempt of court for having failed and neglected to obey a certain subpoena issued out of the superior court, in and for the city and county of San Francisco, state of California. (See Paddon v. Superior Court, 65 Cal.App. 34 [223 P. 91].) The petition herein f...
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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 607 Action to recover the sum of fifty thousand dollars as damages for the alleged failure of defendant to provide plaintiff with medical and surgical necessities according to the terms of a contract, through which default it is claimed plaintiff contracted t...
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Action by appellant H.O. Little against respondent Union Oil Company of California, a corporation. Appellant by his amended complaint alleges in the form of two separate causes of action facts arising from the same transaction. As a first cause of action it is alleged that on August 24, 1923, a writing – in part a printed form used by respondent in the conduct of its business as a dealer in gasoli...
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Plaintiffs sued the defendants for damages for fraud growing out of the exchange of two automobiles. The defendants' cross-complaint against the plaintiffs also charges fraud in the same transaction. The trial court found that both parties were guilty of concealment of facts material to the exchange and denied recovery to both. The *Page 624 defendants appealed from that part of the judgment "whe...
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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 629 Early in the year 1909 the respondent Alfred Quetu, a native of France, who had for many years resided in California, owned an option to purchase a ranch consisting of about 400 acres, in Orange County. In the month of May of said year he visited his moth...
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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 645 An appeal by defendant from an adverse judgment given in an action brought by plaintiff as vendee for the rescission of an executory contract for the sale of a one-half interest in a food products business, including certain merchandise, formulas, and rec...
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The defendant was indicted by the grand jury of the city and county of San Francisco for unlawfully failing, without lawful excuse, to furnish necessary food, clothing, etc., for an illegitimate minor child, and thereby violating the provisions of section 270 of the Penal Code, as amended in 1923 (Stats. 1923, p. 592). To this indictment defendant entered a plea of not guilty and went to trial bef...
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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 657 This is an action to quiet title to a lot in the city of Los Angeles. Judgment passed for plaintiffs and defendant appeals. Plaintiffs are husband and wife. The interest which they obtained in the property, or, more accurately speaking, the interest which...
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Appellant sustained personal injuries while seated in an automobile which stood on the highway leading from the county thoroughfare to a public resort owned and conducted by respondent. For her damage thus sustained she instituted this action. A jury awarded her a verdict for five thousand dollars, and on motion of respondent a new trial was granted by the lower court upon the ground that the evid...
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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 680 These are two appeals in the same action. Plaintiff brought the action to quiet title to forty acres of land owned by him. By his answer the defendant admitted that the plaintiff is the owner and in possession of the land, but alleged that the same is sub...
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Petition for writ of prohibition. It appears therefrom that on July 31, 1924, there was filed in the Superior Court in and for the county of Alameda a complaint *Page 689 entitled Harry Brown v. Dorothy Schroeder and Herman Christ,petitioners herein. The action was one for the dissolution of a partnership and an accounting. On August 7th following both defendants filed their answer thereto. The c...
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This is an action to recover an attorney's fee. Judgment was rendered in favor of defendant Soteras and against defendant Francisco. The latter appeals. The sole point presented by appellant is that the findings of the trial court are not responsive to the issues framed by the pleadings. The complaint alleged that at all times mentioned in it respondent was a duly licensed, qualified and practicin...
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These two actions were brought to recover damages arising from a collision of automobiles. The respective plaintiffs were husband and wife. They were driving together in a Hupmobile which was struck by a Cadillac car driven by defendant. The two actions were consolidated *696 for hearing in the trial court and they are presented together on this appeal. In the disposition of the appeal they may...
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The complaint in this action alleged that on September 21, 1920, the defendant was engaged in the business of selling automobile trucks and automobile trailers in the city of Long Beach, California; that on said date the defendant, through his authorized agent, entered into a contract in writing with the plaintiff, by the terms of which the defendant agreed to sell to plaintiff one Utility trailer...
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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 706 This is an action to recover possession of an automobile, or its value in case a delivery cannot be had, together with damages for its unlawful detention. Defendant claimed to have a lien upon the car, dependent upon his possession, and for that reason he...
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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 714 This is an appeal by the defendant San Joaquin Light Power Corporation from a judgment entered against it upon a verdict of a jury in the sum of $26,000. Plaintiff brought this action as administratrix of the estate of her deceased husband, R.S. Fike, ch...
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Certiorari by which petitioners seek to have set aside and annulled an award of the Industrial Accident Commission, upon the ground that the Commission in entering the same acted without and in excess of its powers and that the findings and award are unreasonable; that the evidence does not sustain the findings of fact and that such findings do not support the award. It is admitted that petitioner...
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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 734 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 735 The purpose of this action was to recover damages for the alleged breach of two written contracts for the purc...
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Prohibition. Petitioner seeks to prohibit the Superior Court of the State of California, in and for the City and County of San Francisco, Department 12 thereof, and the Honorable J.J. Trabucco, judge presiding, from further hearing or determining a proceeding in habeas corpus now pending before said Superior Court, involving the custody of Shirley Cooke, a minor child of the age of five and one-ha...
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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 750 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 751 This is an action for damages and also for accrued wages sought to be recovered by reason of an alleged breach...
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This is a motion to dismiss the appeal for failure to file appellants' points and authorities within the time provided by the rules. The transcript was filed August 16, 1924. On September 15, 1924, the parties stipulated in writing that appellants might have forty days, in addition to the time allowed by the rules, within which to serve and file their opening brief. The stipulation was filed and a...
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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 771 The subject of this action consists of an alleged obligation of the appellant to pay one-half of all expenses incurred in the preparation, trial and appeal of a suit for injunction and damages, instituted by said corporation. *Page 772 A concise statemen...
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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 784 An action commenced by City Investment Company, a Corporation, appellant herein, against Edward J. Pringle and Sidney J. Pringle, as executors of the last will and testament of William B. Pringle, deceased, the deceased being the original lessee of certai...
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In this action the complaint contains two counts. By the first cause of action plaintiff seeks to recover the sum of $863, alleged to be the reasonable value of a certain line of concrete pipe laid and constructed upon defendants’ premises at their special instance and request; and by the second cause of action recovery is sought for the construction of another line of pipe for which defendants, ...
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