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All Reporters → cal-app → Volume 82

Opinions in cal-app Volume 82

An application for a writ of prohibition to arrest further proceedings by the respondent court on an order to show cause why petitioner should not be adjudged in contempt of court for failure to comply with a judgment entered therein. *Page 3 Petitioner is a corporation organized for the purpose of supplying water to the inhabitants of the town of Felton and its vicinity. It alleges the right to ...
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Plaintiff instituted this proceeding in mandamus against defendant as Commissioner of Public Safety and Welfare of the City of Fresno, seeking to be restored to the position formerly held by him in the police department of said city. Judgment was entered in plaintiff's favor and defendant has appealed. The record discloses the following facts: On November 9, 1925, appellant, as the head of the pol...
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The gist of the case is shown by the following alleged facts: In respondent court an action is pending, wherein the petitioner as plaintiff sues one Green *12 field to recover damages for libel. By order made on February 14, 1927, the case was set for trial for March 9, 1927, and it was further ordered that a jury be summoned for trial of the cause at that time. Said order was never vacated or ...
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This is an appeal by the defendant from the judgment herein in favor of the plaintiff. The facts are summarized in appellant's opening brief as follows: "Plaintiff is engaged in the sale of automobile tires in the city of Marysville, and the defendant is by occupation a jeweler. It appears that on December 12, 1925, one Dave Johnson, the owner of a motor-truck, called upon plaintiff at his place o...
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Petitioner was admitted to the bar in 1909 and he was disbarred in 1919. He petitions for a reinstatement in the ranks of the profession. [1] Petitioner has produced satisfactory and convincing evidence that he has conducted himself with the highest degree of honesty and integrity during the nearly eight years that have elapsed since he was deprived of his license to practice. Upon the score of hi...
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Petitioner was admitted to the bar in 1909 and he was disbarred in 1919. He petitions for a reinstatement in the ranks of the profession. Petitioner has produced satisfactory and convincing evidence that he has conducted himself with the highest degree of honesty and integrity during the nearly eight years that have elapsed since he was deprived of Ms license to practice. Upon the score of his men...
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A complaint was issued charging the defendant with the degenerate crime denounced by section 288a of the Penal Code. At the time of his arraignment upon the complaint the defendant expressed a desire to waive his legal rights and confessed to the committing magistrate his guilt of the offense charged. Whereupon the justice of the peace ordered that he be held to answer before the superior court. T...
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Defendant Angeles Brokerage Company, a corporation, appeals from a judgment against it and brings here for review the judgment and the order of the lower court denying its motion for a new trial. This is a suit by the seller in a contract of sale of citrus fruit against the buyer for damages growing out of the refusal on the part of the buyer to take and pay for the fruit. The trial court found in...
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THE COURT. Supersedeas. In this proceeding the facts and the prayer of the petition are similar to those set forth in the case ofScott v. Larson, post, p. 46 [255 P. 248]. The only additional point presented is that the judgment by the superior court in affirmance of the judgment rendered by the municipal court is not such a judgment as is within the meaning and intent of section 963 of the Code o...
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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 30 Defendant was charged in two informations with violations of section 337a of the Penal Code. By stipulation of counsel the cases were tried together. Information No. 47,988 charged the defendant with the crime of violation of subdivision 3 of section337a o...
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Defendant, cross-complainant, and appellant has appealed from a judgment entered against her in the sum of $3,083.74, assigning four reasons why the judgment should be reversed by this court: 1. That the complaint does not state a cause of action and the findings do not support the judgment for the reason that the complaint and findings both proceed upon the theory of the breach of a special contr...
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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 48 Supersedeas. Briefly stated, the facts appear to be that in an action brought in the municipal court plaintiff recovered judgment against defendant for the sum of $514.85. Defendant appealed to the superior court, where a judgment was rendered in affirmanc...
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This is an appeal from a judgment in favor of respondent quieting its title to eighty shares of the capital stock of Palo Verde Mutual Water Company, a corporation, and from an order overruling defendant's demurrer. Plaintiff pleaded and proved that in December, 1913, it sold to P.H. Bodkin, who was at the time possessed of and claimed title to the west half of the northeast quarter of section ele...
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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 64 The three defendants above named were charged by information in three counts with the crimes of grand larceny, conspiracy to commit grand larceny, and embezzlement, respectively. King and Fay only were tried at the time of the proceedings here presented fo...
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Habeas corpus. In the first count of the information petitioner was charged with "the crime of conspiracy to commit the crime of extortion"; and in the second count of the information with the "crime of conspiracy to falsely move and maintain a suit, action and proceeding." On the trial of the action petitioner herein was convicted on each of such counts. Under the first count, by order of the tri...
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The defendant corporation has appealed from an adverse judgment in an action for the rescission of a sale of corporate stock and for the recovery of the purchase price paid therefor. The complaint contained two causes of action, the first based upon alleged fraud and the second upon a void sale, it being alleged with reference to the latter that the sale was not made in conformity with the terms o...
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This proceeding is founded upon an alleged "prejudice and bias" of Honorable Hugh J. Crawford as Judge of the Superior Court in and for the County of Los Angeles against petitioner which, if established, would prevent petitioner from having a fair and impartial trial in an action now pending in said court. Prior to the filing of the petition herein petitioner, as plaintiff in the action, made and ...
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This is an original proceeding in mandamus to compel the admission of the minor petitioners herein to the public schools of the Vernon City School District. The following facts are undisputed: The territory in which the petitioners reside was, prior to February 20, 1914, outside of any incorporated city, and situated in what was then known as the Fruitland school district of Los Angeles County. On...
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This is an appeal by defendant from a judgment in favor of plaintiff for damages for breach of contract. Defendant and the assignor or assignors of the plaintiff entered into a contract for the exchange of advertising space. The judgment is based upon the finding that plaintiff's assignor performed its part of the contract but defendant did not. Two points are raised by the appellant as reasons fo...
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The defendant was found guilty of burglary in the first degree. Prom the judgment of conviction he has appealed and has brought up a copy of the ‘ record of the action” (Pen. Code, sec. 1207), and a certified copy of the reporter’s notes as transcribed. The appellant presents two points. One that the evidence was insufficient to sustain a verdict of burglary in the first degree and the other po...
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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 100 In this case the information charges the defendant McGill and one Frank McGettigan in count one with the crime of burglary and in count two with the crime of grand larceny. Defendant McGettigan entered a plea of guilty. Defendant McGill stood trial and wa...
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At the time when the cause of action herein accrued the defendant Silent Drama Syndicate was an unincorporated association operating by virtue of a trust agreement under which defendants Graydon and Brown were its trustees. The business or property of the syndicate was divided into shares of the par value of $100 each, of which one Keady was the owner of 220 shares evidenced by a certificate of st...
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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 118 The complaint alleges that the "plaintiff advanced to and for the use and benefit of said defendants . . . $4,779.35, which said amount defendants agreed to repay to said plaintiff, . . . but said defendants failed and refused to repay the said sum or any...
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The complaint in this action was for the recovery of unpaid rent. Defendant interposed an answer and counterclaim in which it was alleged that, at the time the lease mentioned in the complaint was entered into, "the plaintiff represented to defendant and agreed as part of the consideration for the defendant entering into" the lease "the plaintiff would not lease any of the premises" in which the d...
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The defendant was convicted of the crime of grand larceny and has appealed on a typewritten record. She claims the evidence is insufficient to sustain the verdict and that the verdict is contrary to the evidence; that the verdict is contrary to law and the evidence; that the trial court misdirected the jury in a matter of law; and the trial court erred in the decision of questions of law arising d...
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This is an action to recover a certain sum of money under the terms of two fire insurance policies. The property insured belonged to plaintiff and was used by him as a country home. It was situated at Woodside, San *Page 133 Mateo County, and consisted of several buildings located on a tract of land of some twenty acres. The buildings consisted of a dwelling-house, a garage with living-rooms on t...
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Respondents first recovered judgment against Jay H. Merrill for the death of their son, Robert, Jr., caused by the negligent operation of an automobile in which he was riding while driven by the son of said Merrill. An execution on said judgment having been returned unsatisfied, respondents next commenced this action against appellant, the insurance carrier for said Merrill. Judgment was for respo...
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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 143 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 144 Action by plaintiff Susan M. Dawson for damages resulting from the death of her husband William E. Dawson. It ...
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Plaintiff sued defendant, who was an innkeeper, for the loss of certain articles of personal property and apparel which were taken from her room while she was a guest at his hotel. Plaintiff had judgment and defendant appeals. [1] Section 1859 of the Civil Code reads, in part: "The liability of an innkeeper . . . for losses of . . . personal property . . . placed by his guests . . . under his care...
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A writ of certiorari was issued by the superior court of Los Angeles County, directed to the board of supervisors of that county for the purpose of reviewing the proceedings leading up to the creation of the "Moneta County Fire Protection District of Los Angeles County" under the provisions of "An Act to provide for the formation, management and dissolution of county fire protection districts, and...
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Two cases, entitled Upland Realty Insurance Company v.J.H. Donner and Montrose McCann and E.O. Bowden v. J.H.Donner, were appealed from the justice's court to the Superior Court of Los Angeles County, but were not brought to trial within the year following the date upon which the appeals were filed.[1] For thirteen days after the one year expired no steps were taken to have the appeals dismissed,...
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The petition recites that Louis Babbick is unlawfully detained in the state prison at San Quentin by the warden thereof. [1] Proceeding it alleges that on or *173 about May 21, 1926, the district attorney of Los Angeles County filed an information in the superior court of said county charging petitioner in one count thereof with a violation of the provisions of section 464 of the Penal Code (bu...
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Claiming that M.S. Eisner, deceased, was at the time of his death under obligation to pay the plaintiff certain moneys, the plaintiff commenced this action against the defendants as executors of the estate of the deceased. The trial court made findings in favor of the plaintiff and a judgment in accordance with those findings was entered. From that judgment the defendants have appealed and have br...
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This is an appeal by defendants from a judgment enjoining defendants from violating a building restriction in a residence district. [1] Plaintiff *Page 182 and defendants are the owners, respectively, of adjoining lots, each deraigning title by a separate chain of title from a common grantor. Consequently, as between plaintiff and defendants, there is no privity either of contract or estate, and ...
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The merits of this appeal rest upon a certain ordinance adopted by the city council of the city of Los Angeles on the fourteenth day of July, 1922, designated a "set-back ordinance." In that ordinance the city council "determined that the public peace, health, safety, comfort, convenience, interest and welfare require and it is hereby ordered that the minimum distance back from the street line for...
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THE COURT. [1] The defendant was convicted of the offense of practicing medicine without a license. He duly gave notice of appeal from the judgment of conviction and the order denying a new trial. He failed, however, within five days, or at all, to file with the clerk or present to the trial court an application for a transcript of any part of the phonographic reporter's notes or to state the grou...
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— The defendant was convicted of the offense of practicing medicine without a license. He duly gave notice of appeal from the judgment of conviction and the order denying a new trial. He failed, however, within five days, or at all, to file with the clerk or present to the trial court an application for a transcript of any part of the phonographic reporter’s notes or to state the grounds of the ap...
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Petition for alternative writ of mandamus. It is alleged therein, in substance, that on the twenty-first day of September, 1926, the California Prune and Apricot Growers Association, a corporation, as plaintiff, filed in the superior court of Tehama County a verified bill in equity against petitioners wherein said plaintiff claimed that, under and by virtue of a certain written agreement dated Apr...
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The petitioner seeks a writ of mandate directing the County Auditor of Los Angeles County, H.A. Payne, to countersign the bonds of the Los Angeles County Water Works District No. 9. The respondent Payne and the respondent Alleman, a taxpayer of the district, have appeared by demurrer, so that for the purposes hereof we may refer to the petition for the facts. It appears therefrom that on January 1...
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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 217 Plaintiff, by his father as guardian ad litem, sued the above-named defendants to recover damages for personal injuries sustained by him as a result of being run over by an automobile driven by defendant L.A. Arnold. The action was tried before the court ...
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Defendant Pickwick Stages Northern Division, Inc., appeals from a judgment in favor of plaintiff, as sole heir of Leslie W. Seney, in the sum of $15,000 for the death of said Leslie W. Seney, alleged to have been caused by the negligence of defendant in operating one of its autostages upon which the deceased was a passenger, in such a manner that the stage was overturned and resulted in said death...
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Two causes of action are stated in the complaint. In the first it is alleged that the plaintiff was induced by false and fraudulent representations made by defendant to purchase 100 shares of its treasury stock at $100 a share, to the plaintiff's damage in the sum of $5,629. In the second it is alleged that the defendant is indebted to the plaintiff for services performed in the sum of $527.50. Th...
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Action on a promissory note given for the sum of $5,600. The case was tried without a jury. The findings in effect determined that the defenses interposed were true and judgment followed in favor of defendants. At the opening of the trial plaintiff moved for judgment on the pleadings. The motion was denied. Appellant here claims, first, that the lower court erred in its denial of the motion for th...
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The plaintiffs commenced an action to recover a judgment for moneys loaned. The defendants appeared separately and answered. The Schmeiser Manufacturing Company in its answer set up a counterclaim in three different counts. A trial was had before the trial court sitting without a jury. Findings were made in favor of the plaintiffs on their two separate causes of action, and in favor of the defenda...
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This case involved a dispute over 3,975 bags of coffee, worth about $74,382, grown on nine fincas or coffee plantations in the state of Chiapas, Mexico, during the winter of 1920-1921, and brought to San Francisco in April and May, 1921. When the coffee arrived in San Francisco it was attached and taken from the possession of respondent by the appellant Thomas F. Finn, the Sheriff of the City and ...
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This is an appeal from a judgment which resulted from the issuance of a peremptory writ of mandate in the court below. The following facts are taken nearly verbatim from the statement of the case appearing in appellant's opening brief: [1] Charles A. Jones, the respondent herein, for many years was a member of the police department of the city of Los Angeles. On or about the fourth day of January,...
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Plaintiffs began this action to recover damages suffered by reason of trespass on lands leased by plaintiffs of certain sheep and cattle belonging to the defendant and recovered damages in the sum of $259. The complaint is in three counts. No question is raised as to the judgment of the trial court awarding the plaintiff the sum of $34 on account of damages inflicted upon the premises leased to th...
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THE COURT. [1] This is an application for a writ of habeas corpus to determine the right to the custody of the minor children named in the petition. The applicant made a similar application for a writ of habeas corpus in the superior court of Sacramento County and said application is now pending in that court and undetermined. This court, therefore, is without jurisdiction to issue the writ. (29 C...
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— This is an application for a writ of habeas corpus to determine the right to the custody of the minor children named in the petition. The applicant made a similar application for a writ of habeas corpus in the superior court of Sacramento County and said application is now pending in that court and undetermined. This court, therefore, is without jurisdiction to issue the writ. (29 C. J. 116.) Wr...
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— The defendant appeals from a judgment rendered against him in favor of the respondents quieting title to certain real property, and also a judgment in the sum of $1,130 as and for rent under an oil lease covering such real property. The respondents, or in some instances their vendors, had executed a so-called community oil lease to the appellant for which they had received approximately $9,00...
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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 291 The plaintiff and respondent instituted this proceeding in eminent domain for the purpose of acquiring certain lands in the county of Ventura, alleged in its complaint as being necessary to the completion of a system of state highways contemplated by legi...
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There is pending in this action a motion to dismiss the appeal. The moving papers show that the judgment from which the appeal is attempted to be taken was entered July 12, 1922; that on July 14th notice that the judgment had been signed by the judge who tried the action was mailed by respondents' counsel to appellant's counsel; that on November 14th a notice of intention to move for a new trial w...
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During the year 1923 Domenico Casassa was the owner of a vineyard near Santa Rosa, which he had leased for that year to A. Finocchio, the returns from the vineyard to be divided between the parties to the lease. In August of that year Casassa and Finocchio entered into *Page 309 an agreement with the plaintiff, designated as a "grape shipping contract," and providing, among other things, as follo...
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In a suit for divorce on the ground of desertion, judgment was rendered in favor of plaintiff, and defendant appeals therefrom. Among other things, the trial court found that all the allegations contained in plaintiff's complaint were true, as were all the allegations of the answer of plaintiff to defendant's cross-complaint; that certain property, known as the Monrovia property, was community pro...
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This is an application "for a writ of review and a writ ofmandamus," and particularly, to compel the court to proceed in an action of divorce wherein the court has made an order dismissing the action. [1] It would appear that the petitioner is not entitled to a writ of review, since she had a right of appeal. The petition shows that she did give notice of appeal, but that through some mistake or i...
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Plaintiff had judgment in an action instituted to prohibit the defendants from enforcing a certain ordinance numbered 284, charter series, entitled, "An ordinance establishing certain districts or zones and regulating the use of property and the location of various industries and business or commercial establishments in the City of Petaluma" and the defendants appeal. The city of Petaluma is a mun...
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This cause has previously been considered by this court upon an appeal by the defendant from the judgment entered upon a directed verdict in favor of the plaintiff. The judgment was reversed and the cause remanded for a new trial. (Alexander v. Manton JointUnion School District in Tehama and Shasta Counties, 73 Cal. App. 252 [238 P. 742].) At the second trial, the verdict of the jury, by which the...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 344 This is an appeal by Wilhelmina Johanna Holcomb, defendant, cross-defendant, and cross-complainant, from a judgment rendered against her and in favor of N. Frank Morse, defendant, cross-defendant and cross-complainant, which said judgment awarded to N. Fr...
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This is an action of forcible entry upon real property consisting of a lot and a store building thereon. Judgment was entered in favor of plaintiffs for restoration of possession and for damages. The defendants have appealed from the judgment. The evidence shows and the court found that in December, 1923, the defendants, as owners, leased the property to W.P. Rutledge and James Tully (plaintiffs h...
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Action by plaintiff to recover the sum of $534.90 paid to the defendant on account of warehouse charges alleged to have been unlawfully made by the defendant for and on account of resacking and reconditioning certain lots of grain deposited by the plaintiff with the defendant, and kept by the defendant in a warehouse belonging to it, situate in the county of Yolo. The defendant had judgment and th...
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In this action plaintiff sought to recover damages for injuries alleged to have been suffered by her when struck by an automobile negligently driven by defendant. The defendant answered, denying negligence on his part, and affirmatively alleging that the injuries of plaintiff were caused by her own negligence. A trial by jury was had and a verdict returned in favor of defendant. From the judgment ...
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A petition for a writ of mandate directing James E. Walsh, as the residuary legatee and as executor and trustee under the last will and testament of Richard Varick Dey, deceased, to execute for transmission to the clerk of the supreme court of New York in and for the city of New York an instrument sufficient to constitute an appearance by him as defendant in an action filed therein against the dec...
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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 384 An application for a writ of prohibition to arrest further proceedings in respondent court on an order requiring petitioner to show cause why it should not be restrained pending the trial of an action filed therein from further obstructing the flow and di...
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pro tem. — The defendant was charged with the crime of incest with his daughter Melba, a child of eleven years, on two occasions, the first about the beginning of April, 1926, the second on June 19, 1926; and also with the commission of lewd and lascivious conduct on each occasion in violation of section 288 of the Penal Code. The information on which the defendant was tried contained four co...
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— This is an action to quiet title. Plaintiff was the owner of a certain parcel of real property. She and one of the defendants Peters entered into a certain agreement in writing, whereby she agreed to sell the property to Peters and he agreed to buy it. The contract provided for the payment of the purchase price in certain monthly installments. Peters assigned to defendant Sharpe his interests i...
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The defendant was convicted of the offense of practicing medicine without a license. This appeal is from the judgment of conviction and the order denying his motion for a new trial. But one ground is urged for a reversal. It is stated by counsel for appellant as follows: "Two indictments were found against appellant by the same grand jury, upon the same date, based upon the testimony of the same w...
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Certiorari to review the lawfulness of an award made by the Industrial Accident Commission. The pleading contains the usual recitals to the effect that petitioner is engaged in issuing employers' liability and workmen's compensation insurance and that it is the insurance carrier for the Kaiser Paving Company. It then alleges that an employee of the insured company met with an accident resulting in...
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— The defendant was tried before a jury on an information charging rape. From the judgment following the verdict of guilty and from the order denying his motion for a new trial he has appealed on a typewritten record. The grounds of appeal are that the information was improperly amended during the course of the trial and that the defendant’s motion for a continuance to enable him to plead to the ...
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By order entered herein on May 17, 1926, the application of petitioner was referred to the board of bar examiners, with the direction that the board take evidence concerning the moral qualifications of the applicant; that the evidence taken, together with the findings of the board as such referee, upon the question whether or not the applicant is possessed of such moral qualifications as to entitl...
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This appeal is from a judgment recovered by plaintiff as assignee of a contract for the purchase by defendants of a tractor, in the amount of the unpaid purchase price, to wit, $865 and interest and $100 attorneys' fees as provided for in the written agreement. The defendants alleged in their answer that at the time of their purchase the property was inaccessible to them; that the seller knew that...
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Action by plaintiff to recover excess of advances made by the plaintiff to the defendant over and above the receipts of the defendant's crop of beans marketed by the plaintiff for the defendant. Judgment of nonsuit was entered in the trial court and from this judgment the plaintiff appeals. In this opinion the word "Association" will be used to designate the plaintiff and appellant. The Associatio...
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Plaintiff appeals from a judgment of dismissal after demurrer had been sustained to plaintiff's fourth amended complaint with leave to amend, and plaintiff had failed to amend his complaint. The demurrer was both general and special. It is alleged in the complaint that the parties entered into a certain contract on the twenty-fifth day of March, 1922, wherein the defendant agreed to furnish plaint...
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The respondent Samuel G. Goucher and the appellant Grace C. Goucher are husband and wife. Each brought an action against the other wherein the former recovered judgments and the latter appealed. The first action was commenced by respondent to obtain a decree adjudicating that certain property, real and personal, the former standing in appellant's name and being claimed by her as her separate estat...
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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 Defendant appeals from a judgment of conviction of robbery and kidnaping. The facts out of which the charge grew are briefly as follows: Defendant sold the complaining witness J.T. Brown two pumps with operating machinery and an electric range, which were...
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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 467 J.K. Fronk and Lloyd Albert Landon were jointly indicted by the grand jury of Los Angeles County, charged in two counts with the larceny of $12,500 and $10,300, respectively. They were acquitted by the jury on these two counts. The indictment also charged...
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Plaintiff had judgment in the sum of $548.07 on account of moneys found due and owing from the defendant, for and on account of sales of certain crops belonging to the plaintiff, made by the defendant and for damages inflicted by the defendant upon certain property belonging to the plaintiff. These damages amounted only to the sum of $7.90 and are not involved in this appeal. The defendant appeals...
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Petitioners seek by this proceeding in certiorari to have annulled an award made by the Industrial Accident Commission in favor of respondent Ong Thlu Lem, known also and referred to in the record as Kee Ong, who suffered injuries on May 29, 1926, which resulted in the amputation of his right arm at the shoulder. The Industrial Accident Commission found that the injury occurred in the course of an...
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Defendant was convicted of maintaining a nuisance in violation of the Wright Act (Stats. 1921, chap. 80, p. 79) and section 21 of the Volstead Act (U.S. Comp. Stats., § 10138 1/2jj). The information as amended charged in part as follows: "The said Joseph Colombo on the 16th day of September, . . . at Martinez, . . . did then and there unlawfully maintain a common nuisance, to-wit: a place situated...
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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 491 This is an appeal by defendant from an order denying his motion for a new trial and from a judgment of conviction for an assault with intent to commit rape upon the prosecutrix, Bettie Horton, a child of six years. As originally drawn, the information thr...
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On February 20, 1926, the plaintiff began this action to recover from the defendant the sum of $322.88, balance alleged to be due on certain promissory notes. On the thirtieth day of March, 1926, the defendant filed a demurrer, a demand for a change of place of trial, and an affidavit of merits. The demand, omitting the title, is in the following words: "I, the undersigned, defendant, in the above...
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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 505 Action to recover damages sustained by plaintiff while a passenger on an auto-stage, operated by defendant Watson, which collided at a railroad crossing with an electric railway car operated by defendant Pacific Electric Railway Company. On behalf of the ...
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This is an appeal by defendant from an interlocutory decree of divorce granted to plaintiff on the ground of wilful neglect. The parties were married in Chicago in 1887, and for some years prior to 1916 they had been making their home in Milwaukee, though Mrs. Winslow had been in the habit of spending the winters near Los Angeles, where she had sisters and could be near a daughter attending Pomona...
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The above two cases were tried together before a jury in the superior court of Santa Cruz County. The causes of action in both are identical in form, although different amounts are involved therein. In the action against the Santa Cruz National Bank it is alleged that one A.S.T. Johnson was employed by plaintiff as a bookkeeper with authority to collect money and checks due and owing to plaintiff ...
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This is an appeal by appellants from a judgment entered in favor of respondent and against appellants and interveners. The interveners have not appealed. On August 1, 1919, the appellants Delozier and Colvin, being real estate brokers located in Los Angeles, but formerly located in Imperial Valley, where they had known and had business dealings with respondent, received a letter from one Francisco...
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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 534 Plaintiff sued to rescind a contract for the exchange of real properties executed on September 20, 1917. *Page 535 Judgment went for the plaintiff, from which the defendants have appealed on a bill of exceptions. The complaint is based upon charges of fr...
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This is an appeal by defendants from a judgment rendered upon a verdict by a jury. The action was prosecuted by plaintiffs to recover damages alleged to have been sustained by the plaintiff Laura Peavey, and to recover resulting damages alleged to have been suffered by her husband, James Peavey, the other plaintiff, by reason of the alleged negligence of the defendants in the operation of an autom...
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— The complaint alleges that the plaintiff purchased from the defendant a Flint sport roadster for $2,245 and delivered to defendant in payment therefor a Flint touring car and the plaintiff’s promissory note for $945; that “defendant agreed to give plaintiff a credit upon the purchase price of said Flint sport roadster of $1,300 on account of said Flint touring car, and defendant further agreed ...
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The legal question in this case is whether a check of $2,000, drawn in good faith by the purchaser of an automobile to the order of the salesman with whom he dealt and delivered to the salesman at the place of business of his employer, the vendor, coincidently with the delivery of the car to the purchaser, constitutes payment to the vendor, though the salesman, upon cashing the check, absconded wi...
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Action by plaintiff to abate a nuisance. Plaintiff had judgment, from which the defendants appeal. The record shows that some time during the year 1925 the defendants opened a refreshment stand at the corner of Pacific Avenue and Elm Street, in the city of Stockton. At this stand the defendants served to the public sandwiches, made of barbecued ham and beef, coffee, soft drinks, and candy. The com...
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An appeal from a judgment in an action to recover damages against appellant as surety upon an undertaking on attachment. The undertaking was filed and an attachment issued and levied on property owned by respondent in an action for money had and received brought against him by one Collins, the trial of which resulted in a judgment for respondent. No proceedings were had to dissolve or vacate the a...
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Petition for a writ of habeas corpus. It is alleged therein that petitioner Frank E. Page is unlawfully imprisoned and restrained of his liberty by the sheriff of the county of Modoc, California; that he is so restrained pursuant to an order and bench warrant issued out of the superior court of said county charging him with the murder of one Pearl Connell. That prior to the filing of the informati...
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The petitioner, as the mother of three minor children, has applied for a writ of habeas corpus. In her petition she alleges that formerly she and C.J. McKean were husband and wife; that there were born as the issue of the marriage the three minor children above mentioned; that on the seventh day of May, 1926, the petitioner commenced an action for divorce; that the husband was duly served with sum...
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This action was commenced by complaint filed on the ninth day of October, 1922, by Clarence E. Gorthy and his wife, Blenda Gorthy, against the defendants Kelley and McGuire and others. The Gorthys alleged that they were at that time the owners in fee simple of a described tract of fifteen acres of land in Orange County, and they sought to obtain a decree quieting their title against any and all ad...
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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 596 These are consolidated actions for the purpose of quieting title against the various defendants to the property described in certain oil leases. Defendant Interstate Oil Corporation is the holder of said leases and appeals from the judgments rendered for ...
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Appellant was charged by information in the superior court of Los Angeles County with a violation of the Wright Act, a high-grade misdemeanor, and was tried and found guilty. This appeal is taken from an order of the superior court denying his motion for a new trial, and from the judgment of conviction. [1] Two grounds are urged, upon which it is claimed that the judgment should be reversed. First...
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This is an appeal from a judgment entered on a verdict in an action for libel and slander. *Page 606 The complaint contained four counts – each of the first two thereof being for both compensatory and punitive damages on account of an alleged libel published by defendant, and each of the last two counts of the complaint being likewise for similar damages alleged to have been occasioned to plainti...
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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 612 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 613 This action is one in which the appellants alleged that they were the parents of a minor eighteen years of age...
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Appellants were found guilty of the crime of assault with intent to commit murder. *Page 620 This case presents but a single question on appeal. Appellants assign as error the refusal of the trial court to give the following instruction: "If you believe from the evidence that defendants, or any of them, did not commit an assault upon the person of Yee Moon with a deadly weapon, with intent to com...
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Defendant appeals from an order denying it a new trial and also from an order denying its motion to set aside and vacate the judgment rendered and entered against it herein. On the sixteenth day of January, 1926, the plaintiff brought this action to recover from the defendant the sum of $625, alleged to be the balance due him from the defendant "for work, labor and services performed and rendered ...
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This matter comes before us upon a petition of C.W. Miller asking that a writ of prohibition be issued from this court directed to the Honorable H.D. Gregory, as Judge of the superior court of the state of California, in and for the county of Butte, and C.F. Belding, clerk of said court, restraining and prohibiting further proceedings under an order of said court, directing the said C.F. Belding t...
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Plaintiff is a nonprofit association, or corporation, organized under the provisions of the Civil *Page 642 Code for the purpose of distributing the product of its members, who are alfalfa growers. The defendants, as copartners, owned a membership in the organization. This action was commenced for the purpose of enforcing the collection of an unpaid assessment against the membership held by them....
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The difficulties to be adjusted by this action arise out of the failure on the part of the defendant and appellant to accept and pay for the major portion of the oil agreed to be purchased by it, in the following contract: "Los Angeles, Calif., January 10, 1921. "Ventura Refining Company, "Title Insurance Building, "Los Angeles, California. "Please enter order for account of the undersigned of the...
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This action was commenced by plaintiff to recover from defendant Grace S. Miller an undivided one-half of two parcels of real property in the city of Long Beach, California. The complaint alleged the ownership by plaintiff of an undivided one-half interest, her incompetency and the appointment of a guardian, and then alleged that for some time prior to the death of Willard E. Miller, a son of plai...
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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 662 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 663 This is an appeal from a judgment in the sum of $2,033 in favor of the plaintiff Kate Power and against the de...
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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 This is an action, tried without a jury, to recover brokerage claimed by plaintiff under a contract with defendant reading as follows: "Los Angeles, California, "April Third, 1922. "Mr. L.M. Ford, 1023 Chapman Bldg., Los Angeles, Calif. "Dear Sir: In the ...
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This is an appeal from a judgment in favor of plaintiff for the sum of $600 and interest, found by the court to be owing to plaintiff under verbal promises of defendant to pay said sum in consideration of plaintiff's agreement to refrain from further prosecution of a pending action to foreclose a lien for materials supplied *Page 687 for and used in buildings constructed on land acquired by defen...
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Judgment was entered herein quieting plaintiff's title to two lots in the town of Lodi. The defendant has appealed from the judgment. A prior judgment in the action in favor of the plaintiff was reversed on the ground that the court failed to find upon the defendant's allegation that the conveyance of the lots to plaintiff was fraudulent. (Bird v. Murphy, 72 Cal. App. 39 [236 P. 154].) On the retr...
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By this action the respondent, James B. Jones, administrator of the estate of William O. Jones, deceased, seeks a judgment against the respondent, *Page 697 the Bank of San Jose, a corporation, for the sum of $1,629.66, which it is claimed the respondent bank had in its possession as a balance of a deposit made by W.O. Jones with said bank, the inception of the account being a deposit of $2,000 o...
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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 702 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 703 Defendants appeal from a judgment of conviction of the crime of conspiracy to commit the crime of grand larcen...
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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 712 The defendant appeals from a judgment in favor of the plaintiffs for moneys alleged to have been paid by the latter upon a contract for the manufacture of electric lighting mechanism, the consideration for which the court below found to have wholly failed...
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In response to petition of John M. Jackson, now in custody of the sheriff of Los Angeles County, a writ of habeas corpus was issued, to which return was duly made by the sheriff, and a traverse thereto by petitioner. Evidence was presented, and the matter was then argued and submitted for decision. The subject matter hereof rests upon an extradition proceeding. Petitioner has been arrested and is ...
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This is an appeal from an order appointing a receiver in an action brought to foreclose a mortgage of a leasehold on an apartment house, together with the furniture and furnishings therein contained. [1] It is contended by appellant that the court abused its discretion in making the appointment and that the court was without jurisdiction in the premises. By subdivision 2 of section 564 of the Code...
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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 730 Plaintiff's first amended complaint sets forth two causes of action, the first being for the reformation of an agreement between the parties and to recover damages for the alleged breach thereof, and the second being an action for damages by reason of all...
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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 741 The defendants were convicted under six counts of the indictment, each count charging the crime of obtaining money by false pretenses. They prosecute this appeal from the judgments and from orders denying motions for new trials. It is claimed by the appel...
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This is an appeal upon the judgment-roll, the sole ground being that the judgment is not supported by the findings. The action is for conversion. It appears that the plaintiffs sold an automobile to one C.L. Jones on a "lease contract," by the terms of which title was retained in the vendor. The court found that on the twenty-third day of July, 1922, Jones, while in legal possession of the car, br...
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This is an action for damages occasioned by the collision of an automobile with a motor-truck. The automobile was proceeding along the right side of a highway and was occupied by plaintiffs. The truck was standing at the same side of the thoroughfare, partially on and partially off the traveled portion of the road, and was faced in the direction in which the automobile was proceeding. The events o...
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— This is an appeal from a judgment of the superior court of Los Angeles County decreeing that a deed executed by appellant to the defendant Lawrence W. Allen, and a deed executed by said Allen to the defendant Kings-bury be canceled, provided that within ninety days from the date of the judgment being entered the plaintiff pay to the clerk of the above-entitled court $1,370, with interest thereo...
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Plaintiff sued in San Mateo County to recover $650 alleged to have been paid the defendant Jackson for corporate stock. The grounds of the action were that the stock was purchased from Jackson, who was a licensed stock broker, through fraudulent representations *Page 763 of the assets and liabilities of the corporation by which the stock had been issued. The defendant National Surety Company was ...
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This is an application for a writ of certiorari. From the petition for the writ it appears that an action was commenced in the respondent court on the 30th of December, 1926, by the Southern California Edison Company against the petitioner and others for the purpose of condemning certain water rights of the latter; that the Honorable Raymond W. Williamson, an attorney at law in the city of San 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 780 The defendant was convicted of the crime of forgery upon an indictment charging that jointly with James Cosgrove and Charles Lovett, on or about the twenty-second day of November, 1926, she wilfully, unlawfully, etc., with intent to defraud one D.B. Curry...
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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 788 Action to quiet title to certain real property. Appellant Anna Hansen commenced independent actions affecting two distinct parcels of land, claiming that the deeds thereto made by one Charles J. Hansen to his mother, Marie N. Hansen, were void for want of...
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Action is brought to recover $34,800 as damages for nondelivery of certain motor valves which it is alleged defendant contracted to manufacture and deliver to plaintiffs and which plaintiffs had in turn contracted to sell and deliver to their customers. Defendant alleges that it did manufacture all of said valves that had been ordered, and offered to deliver the same, and that plaintiffs failed an...
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MEMORANDUM CASE. This is a suit in equity, brought by plaintiff Samuel G. Goucher against his wife Grace Coe Goucher to determine the status of the title to certain property acquired after marriage, most of which stood in defendant's name and which plaintiff claimed was community property. About two months after this suit was begun defendant commenced an action for divorce,...
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