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All Reporters → cal-app-2d → Volume 15

Opinions in cal-app-2d Volume 15

It. appears that petitioner herein having been duly subpoenaed, did on the 16th day of December, 1935, appear as a witness before the grand jury of San Diego County for the year 1935, then in session at the San Diego County courthouse in the city, township, and county of San Diego, and which was then engaged in an investigation to determine whether one Edgar Dudley had feloniously conspired with ...
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The Bank of America commenced an action in unlawful detainer against Lillian Pittler. The complaint was in the ordinary form. She answered the complaint and in her answer she pleaded many denials and set forth certain new matter as an equitable defense. She also commenced an action in specific performance and prayed that a conveyance of the property in controversy be ordered made to her. That com...
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15 Cal. App. 2d 11 (1936) In the Matter of the Estate of THOMAS GRUSSING, Deceased. JOHANNA GRUSSING WILSON et al., Appellants, v. MARY T. GRUSSING, Respondent. Civ. No. 1972. California Court of Appeals. Fourth Appellate District. June 25, 1936. Sharpless Walker for Appellants. William P. Webb for Respondent. Turrentine J., pro tem. Thomas Grussing died testate. His will was duly admitted...
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Plaintiff brought this action against the two defendants to recover for injuries incurred when the automobiles operated by the defendants collided at the intersection of Jones and Sutter Streets in San Francisco, as a result of which the car operated by Mendleson struck plaintiff as she was walking across the intersection. Judgment was had against both defendants, and Mendleson alone has appealed...
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Appeal from a judgment awarding damages in contract to plaintiff. Plaintiff alleged in his complaint that on or about July 1, 1932, he entered into a contract with defendants whereby he was to install at their place of business a department with the necessary machinery for processing nuts and manufacturing peanut butter, and “in addition would purchase pecans in large quantities on the joint ac...
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15 Cal. App. 2d 28 (1936) ROSE SCHICK et al., Executors, etc., Substituted for JOSEPH SCHICK, Appellant, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (a Corporation), Respondent. Civ. No. 5525. California Court of Appeals. Third Appellate District. June 26, 1936. Charles I. Rosin for Appellant. Newlin & Ashburn and Paul Sandmeyer for Respondent. *30 Pullen, P. J. In 192...
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15 Cal. App. 2d 36 (1936) FRANK J. MATTHEWS, Appellant, v. SOUTHERN PACIFIC COMPANY (a Corporation), Respondent. Civ. No. 1738. California Court of Appeals. Fourth Appellate District. June 26, 1936. Clifton Hildebrand, Louis E. Goodman and Louis H. Brownstone for Appellant. McFadzean & Crowe and W. H. Stammer for Respondent. Marks, J. Plaintiff brought this action under the provisions ...
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This is an appeal from a judgment awarding plaintiff damages suffered by reason of the death of James M. Long, his minor son. Defendant urges three grounds for a reversal of the judgment: (1) that the evidence shows no negligence on his part; (2) that it shows contributory negligence as a matter of law on the part of James; (3) errors of the trial court in rulings on the admissibility of evidence....
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Plaintiff instituted this action to recover $750, money had and received. Defendant answered, denying the allegations of the complaint. He cross-complained, seeking $1384.50 damages for1 breach of a written contract. The trial court denied judgment to each party and plaintiff has appealed. The findings of fact are supported by competent and material evidence. Therefore, if the findings support the...
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This is a petition for a writ of mandate to compel the respondent clerk to issue an execution. It appears that the petitioners brought an action against five defendants for an accounting and for the recovery of certain trust funds held by said defendants. In the judgment they recovered in that action the court ordered the defendants, and each of them, to deliver to the plaintiffs as agents for ...
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This is an appeal from a judgment after conviction of the crime of murder, and from orders • denying appellant’s motions in arrest of judgment and for a new trial. *61 To the charge of murdering one Louis Mock, appellant interposed his pleas of not guilty and not guilty by reason of insanity. By the verdict of the jury appellant was found guilty of murder in the first degree, with...
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The defendants were charged in an indictment with having feloniously asked and with having agreed to receive and with having received from Roy Weitzel and Gerald Rokes a bribe in the sum of $125 for the purpose of influencing their action in their official capacity as police officers in the city of Los Angeles with relation to the arrest and prosecution of the said Roy Weitzel and Gerald Rokes. Th...
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Plaintiff appeals from a judgment in favor of defendant after the trial court sustained a demurrer without leave to amend to plaintiff’s complaint, which alleged that defendants had libeled plaintiff. The complaint alleged that the defendant Forest Lawn Memorial Park Association, Inc., had caused to be published as an advertisement in various newspapers in Los Angeles County, California, an affida...
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15 Cal. App. 2d 82 (1936) In the Matter of the Application of FREDERICK LEMON for a Writ of Habeas Corpus. Crim. No. 1901. California Court of Appeals. First Appellate District, Division Two. June 29, 1936. Harry A. McKenzie, J. H. Sapiro and Edwin V. McKenzie for Petitioner. Matthew Brady, District Attorney, and Leslie C. Gillen, Assistant District Attorney, for Respondent. Spence, J. Pet...
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15 Cal. App. 2d 93 (1936) In the Matter of the Application of THOMAS HOERTKORN, for a Writ of Habeas Corpus. Crim. No. 1900. California Court of Appeals. First Appellate District, Division Two. June 29, 1936. Harry A. McKenzie, J. H. Sapiro and Edwin V. McKenzie or Petitioner. Matthew Brady, District Attorney, and Leslie C. Gillen, Assistant District Attorney, for Respondent. Spence, J. Th...
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Plaintiff appeals from a judgment of dismissal entered upon the court’s sustaining without leave to amend a general demurrer to his complaint. The sole question involved in this appeal is whether section 2924% of the Civil Code, enacted in 1933, which section precludes the entry of a deficiency judgment unless one year, as distinguished from the former period of three months, has elapsed betwee...
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This is an appeal from a judgment against the defendant on a so-called subscription agreement, herein sometimes called exhibit 1, which was signed by certain stockholders of the German American Savings Bank of Los Angeles and by which they agreed to pay to the Los Angeles Clearing House Association the sums set opposite their respective names upon terms therein set out. The plaintiff sued as assig...
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This is an action for damages for injuries suffered by the minor plaintiff while riding on a bus owned by the defendant school district and driven by the defendant DeVelbiss. The accident happened while the bus was meeting a truck owned and operated by the other individual defendants. A jury found in favor of the plaintiffs and against both sets of defendants. From the judgment which followed the ...
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15 Cal.App.2d 107 (1936) ED TAKAHASHI, Appellant, v. WHITE TRUCK AND TRANSFER COMPANY (a Corporation), Respondent. Civ. No. 10581. California Court of Appeals. Second Appellate District, Division One. June 30, 1936. J. R. Girling, Mathes & Sheppard and Robert A. Cushman for Appellants. Finlayson, Bennett & Morrow, Henry L. Knoop, John C. Morrow and Karl L. Davis for Respondent. Shinn J., pr...
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Plaintiffs are the widow and children of George Edward Bamber, deceased, who was killed in an accident out of which this action arises. On February 2, 1935, at about 7:30 P. M., defendant was driving an automobile at a speed of approximately 40 miles per hour north on Cherry Avenue at the point of its intersection with 65th Street in the city of Long Beach. At the time defendant crossed the int...
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15 Cal. App. 2d 115 (1936) F. J. KLINDERA, Respondent, v. GEORGINA SMITH, as Administratrix, etc., Defendant; BARBARA MIKUSKA, Appellant. Civ. No. 10691. California Court of Appeals. Second Appellate District, Division One. June 30, 1936. John F. Balaam and W. Reginald Jones for Appellant. George DeLany Blair for Respondent. Shinn, J., pro tem. Action to recover money by one claiming to be...
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15 Cal. App. 2d 120 (1936) THE PEOPLE, Respondent, v. HAZEL GLAB, Appellant. Crim. No. 2875. California Court of Appeals. Second Appellate District, Division Two. June 30, 1936. S. S. Hahn and W. O. Graf for Appellant. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. Gould, J., pro tem. Fatally wounded by a bullet which coursed through his right ch...
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Defendants were charged in the first count of the information with the crime of burglary and in the second count with the crime of murder. They were convicted of both crimes and prosecute this appeal from the judgments pronounced against them and the order denying a new trial. The contention is presented that the evidence is insufficient to justify the convictions. Early in the morning of November...
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Plaintiff: appeals from a judgment of non-suit entered upon the ground that his evidence made out a case of contributory negligence as a matter of law. The cause was tried before a jury, and the motion was granted at the close of plaintiff’s ease. The facts are fairly stated in appellant’s opening brief as follows: “Fruitvale Avenue, a two way street about forty-five feet wide, in Oakland, runs...
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The defendant was convicted of robbery of the first degree. He took an appeal from the judgment of conviction and the transcript was filed in this court on April 7, 1936. The cause was placed upon the calendar for oral argument on May 11, 1936. Appellant had failed to file a brief and there was no appearance made on his behalf at the time set for oral argument. At the suggestion of the attorney-ge...
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In this action to establish a resulting trust, defendant had judgment and plaintiff appeals. Plaintiff is a corporation in which Thomas G. Hutt, deceased, was a large stockholder. Deceased died in 1929 and his estate was distributed in the same year. Certain property was distributed to defendant as trustee under the last will and testament of said deceased. Part of the property so distributed w...
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15 Cal. App. 2d 136 (1936) THE PEOPLE, Appellant, v. RUTH McCORD, Respondent. Crim. No. 1891. California Court of Appeals. First Appellate District, Division Two. July 2, 1936. U.S. Webb, Attorney-General, Seibert L. Sefton, Deputy Attorney-General, Francis P. Healy, District Attorney, and Rex L. Boyer and Harold Jacoby, Deputy District Attorneys, for Appellant. Thomas M. Carlson, Robert Col...
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15 Cal. App. 2d 141 (1936) B. B. KRASNOW, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY et al., Respondents. Civ. No. 5666. California Court of Appeals. Third Appellate District. July 2, 1936. Levinsky & Jones and James C. Nichols for Petitioner. Thomas B. Leeper for Respondents. The Court. This cause was originally before us upon the application of the above named petitioner ...
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15 Cal. App. 2d 144 (1936) JOHN D. CORNELL, Appellant, v. CHARLES H. HARRIS et al., Respondents. Civ. No. 1960. California Court of Appeals. Fourth Appellate District. July 2, 1936. Charles B. DeLong, Claude L. Chambers and Hugh Sanders for Appellant. Thomas Whelan, District Attorney, Frank T. Dunn, Assistant District Attorney, and Carroll H. Smith, Deputy District Attorney, for Respondents....
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The appellant insurance company issued a policy of accident insurance to John J. Whelan calling for the payment of the principal sum of $5,000 in the event his death was 11 caused directly and independently of all other causes by violent and accidental means”, and double the principal sum if death was caused by injury received “while riding as a passenger in a regular passenger elevator ear”. T...
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15 Cal. App. 2d 163 (1936) BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION ( a National Banking Association), Respondent, v. JAMES N. CASADY et al., Appellants. Civ. No. 10610. California Court of Appeals. Second Appellate District, Division One. July 6, 1936. Wier Casady for Appellants. Edmund Nelson, John E. Walter and Freston & Files for Respondent. Roth, J., pro tem. This is...
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15 Cal. App. 2d 172 (1936) THE PEOPLE, Respondent, v. JOHN HENRY WILSON, Appellant. Crim. No. 2822. California Court of Appeals. Second Appellate District, Division One. July 6, 1936. Henry E. Carter and Joseph T. Raycraft for Appellant. U.S. Webb, Attorney-General, and R. S. McLaughlin, Deputy Attorney-General, for Respondent. York, J. Appellant was charged with the crime of murder by inf...
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15 Cal. App. 2d 180 (1936) THE PEOPLE, Respondent, v. A. J. ROSSI, Appellant. Crim. No. 1498. California Court of Appeals. Third Appellate District. July 6, 1936. Chris D. Johnson and O. F. Meldon for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. The Court. Appellant was charged in an information with the crime of buying or receiving ...
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15 Cal. App. 2d 184 (1936) CITY OF REDDING (a Municipal Corporation), Respondent, v. JOHN DIESTELHORST et al., Appellants. Civ. No. 5285. California Court of Appeals. Third Appellate District. July 6, 1936. Jesse W. Carter, Dallas L. Barrett and Carter & Barrett for Appellants. W. D. Tillotson, City Attorney, and L. C. Smith for Respondent. Pullen, P.J. By this action in eminent domain...
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15 Cal. App. 2d 196 (1936) HARRY PEAL, Respondent, v. GULF RED CEDAR COMPANY OF CALIFORNIA, INC. (a Corporation), Appellant. Civ. No. 5534. California Court of Appeals. Third Appellate District. July 6, 1936. Hubert H. Briggs and Frederick L. Felton for Appellant. Levinsky & Jones and James C. Nichols for Respondent. Steel, J., pro tem. Plaintiff and respondent herein brought this acti...
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On December 8, 1933, respondent filed his complaint in the Superior Court of the County of Los Angeles, praying for a divorce from his wife, the appellant here. Appellant subsequently filed a cross-complaint, and upon the trial of the action, December 21, 1933, was *201granted an interlocutory decree of divorce. No opposition was offered by the respondent. On April 13, 1934, appellant moved the co...
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15 Cal. App. 2d 202 (1936) In the Matter of the Estate of WILLIAM FOREST FULTON, Deceased. LOUISA J. FULTON, Petitioner and Appellant; S. G. FULTON, Executor and Respondent. Civ. No. 5627. California Court of Appeals. Third Appellate District. July 6, 1936. R. V. Wilcox and Dennett & Zion for Appellant. W. Coburn Cook for Respondent. *203 Pullen, P. J. This is a controversy involving t...
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15 Cal. App. 2d 211 (1936) ROY S. YOUNGLOVE et al., Respondents, v. NICHOLAS W. HACKER et al., Appellants. Civ. No. 5632. California Court of Appeals. Third Appellate District. July 6, 1936. Stuart H. Hacker for Appellants. Merriam, Rinehart & Merriam for Respondents. Plummer, J. This action was begun by the plaintiffs to obtain rescission of a certain contract set forth in the complaint f...
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15 Cal. App. 2d 218 (1936) F. C. DARBY, Respondent, v. BIGGS SCHOOL DISTRICT OF BUTTE COUNTY et al., Appellants. Civ. No. 5582. California Court of Appeals. Third Appellate District. July 6, 1936. J. R. King, Jr., Arthur B. Eddy and Elmer W. Armfield for Appellants. J. M. McPherson and Charles H. Andrews for Respondent. Plummer, J. The appellants, S. M. Persons, N.E. Askew and C. H. Johnso...
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15 Cal.App.2d 224 (1936) AILEEN MARTS, Respondent, v. JOHN W. MARTS, Jr., Appellant. Civ. No. 1914. California Court of Appeals. Fourth Appellate District. July 6, 1936. Loucks & Phister for Appellant. Wilbert C. Hamilton for Respondent. Turrentine, J., pro tem. Plaintiff and defendant had two minor children, and in 1929, while the parties and their children were residents of and actually ...
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15 Cal. App. 2d 225 (1936) SECURITY INVESTMENT COMPANY (a Corporation), Appellant, v. BIEG-HOFFINE COMPANY (a Corporation), Respondent. Civ. No. 1911. California Court of Appeals. Fourth Appellate District. July 6, 1936. Guy Richards Crump, Sarau & Thompson and Roy W. Colgate for Appellant. Charles L. Nichols, David R. Faries and Kidd, Schell & Delamer for Respondent. Turrentine, J....
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Certain facts as set forth in the case of Security Investment Co. v. Bieg-Hoffine Co., Civil No. 1911, this date decided (ante, p. 225 [59 Pac. (2d) 584], are material to a consideration of this appeal. Reference is made to such ease for the facts not set forth herein. Other facts necessary to this decision are that after judgment was entered for defendant in the case of Security Investment Co. v....
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After the judgment against it in Security Investment Co. v. Bieg-Hoffine Co., Civil No. 1911, ante, p. 225 [59 Pac. (2d) 584], plaintiff brought this action to recover on a promissory note of $32,000 due and unpaid from defendant to plaintiff and for equitable relief. In addition thereto plaintiff sued on the notes litigated in the case of Security Investment Co. v. Bieg-Hoffine Co., Civil No. 191...
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15 Cal. App. 2d 232 (1936) THOMAS J. POTTER, Respondent, v. THE CITY OF COMPTON (a Municipal Corporation) et al., Appellants. Civ. No. 10758. California Court of Appeals. Second Appellate District, Division One. July 7, 1936. Ralph K. Pierson, City Attorney, Mitchell & Johnson and James H. Mitchell for Appellants. Swaffield & Swaffield, Kenneth Sperry and Joseph E. Madden for Respond...
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Appellants challenge the jurisdiction of the trial court to grant relief from the default of respondent, resulting from his inadvertent failure to file his memorandum of costs within the statutory time after notice of entry of judgment. Upon authority of Soda v. Marriott, 130 Cal. App. 589 [20 Pac. (2d) 758], we hold that the court had jurisdiction to make the order appealed from, and it is theref...
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15 Cal.App.2d 239 (1936) TITLE GUARANTEE & TRUST COMPANY (a Corporation), Respondent, v. SARAH STAHLER et al., Appellants; W. H. BILYEU et al., Cross-Defendants and Respondents. Civ. No. 5521. California Court of Appeals. Third Appellate District. July 7, 1936. H. M. Mayes for Appellants. F. E. Davis and Hyams & Himrod for Respondents. Pullen, P. J. Plaintiff commenced this action against ...
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An action was filed by Mary Marcus against her son Louis Marcus, defendant and appellant herein, to rescind for lack of consideration a conveyance by. her to appellant of an undivided one-half interest in a particular piece of real property, and to quiet her title thereto. During the pendency of this action Mary Marcus died, and Russell D. Hardy, as special administrator of her estate, was substit...
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15 Cal.App.2d 246 (1936) CHARLES RICHARD DOWNING, an Infant, etc., Respondent, v. SOUTHERN PACIFIC COMPANY (a Corporation), Appellant. Civ. No. 5490. California Court of Appeals. Third Appellate District. July 7, 1936. George R. Freeman and W. D. Tillotson for Appellant. Carter & Barrett and Swaffield & Swaffield for Respondent. Pullen, P. J. This is an appeal from a judgment and order awa...
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The defendant appeals from an order imposing sentences and judgments entered in a jury-waived case, in which she was found guilty on two counts the first charging attempted murder; • the second, the crime of administering poison to a human being with intent to kill, as defined in section 216 of the Penal Code. The trial judge imposed sentence at Tehachapi Women’s Division of San Quentin State P...
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15 Cal. App. 2d 259 (1936) IDA G. LUFKIN, Respondent, v. PATTEN-BLINN LUMBER COMPANY (a Corporation), Appellant. Civ. No. 10557. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. Dana R. Weller for Appellant. Martin Forrest for Respondent. *260 White, J., pro tem. This is an action for damages brought by Ida G. Lufkin against Patten-Blinn Lumber Co., a cor...
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15 Cal. App. 2d 263 (1936) JOHN RAYMOND MEDBERRY, a Minor, etc., et al., Appellants, v. JOHN OLCOVICH et al., Respondents. Civ. No. 10408. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. C. H. Hartke and Freeman R. Brant for Appellants. George Appell for Respondents. White, J., pro tem. This appeal is prosecuted from a judgment entered against plaintiffs...
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15 Cal. App. 2d 272 (1936) In the Matter of the Estate of GEORGE H. ALLAN, Deceased. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Appellants, v. MAUD MARIE ALLAN, Respondent. Civ. No. 10741. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. W. H. Douglass, Freston & Files and Ralph E. Lewis for Appellants. LeCompte Davis, Alfred F. MacD...
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This is an application for a writ of mandate by the petitioners against the Superior Court of Los Angeles County upon the ground that the respondent in a certain action pending therein entitled Glenn Winslow et al., Plaintiffs, v. Harold G. Ferguson Corporation et al., De *280 fendmts, numbered 315558, denied a motion of the petitioner Bank of America to di...
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This is an application for a writ of prohibition to restrain the respondent court from enforcing its order authorizing an inspection and survey of an oil well owned and operated by petitioner. An examination of the record before us discloses that the trial court had jurisdiction to authorize and require the survey of petitioner’s oil well. (Union Oil Co. of California v. Reconstruction Oil Co et a...
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15 Cal. App. 2d 282 (1936) CARRIE FRANCIS et al., Appellants, v. F. O. RIDDLE et al., Respondents. Civ. No. 1757. California Court of Appeals. Fourth Appellate District. July 8, 1936. Farnsworth, Burke & Maddox and James K. Abercrombie for Appellants. McFadzean & Crowe for Respondents. Barnard, P. J. This is an action for damages arising out of a collision between a pedestrian and ...
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In this action for damages for personal injuries judgment was entered on November 23, 1934, based upon the verdict of a jury. A motion for a new trial was argued on January 14, 1935, on two grounds, namely, that the evidence was insufficient to justify the verdict and that the verdict is against law. On January 22, 1935, the motion for a new trial was granted and the deputy clerk was ordered to en...
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15 Cal. App. 2d 293 (1936) HOTEL PARK CENTRAL, INC. (a Corporation), Appellant, v. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, as Executor, etc., Respondent. Civ. No. 10732. California Court of Appeals. Second Appellate District, Division One. July 9, 1936. Samuel S. Gelberg and Thorwald Siegfried for Appellant. Flint & MacKay, Wesley L. Nutten, Jr., and Edward L. Compton for Respondent...
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A claim of appellant, Hotel Park Central, Inc., against the estate of Motley H. Flint, deceased, for $4,650.03, for rent of an apartment, was allowed by respondent, Security-First National Bank of Los Angeles, executor, on September 24, 1930, and approved by the court commissioner. On December 17, 1930, respondent was advised that the estate was not liable for the entire claim and upon affidavit t...
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15 Cal. App. 2d 302 (1936) SECURITY-FIRST NATIONAL BANK OF LOS ANGELES (a National Banking Association), Respondent, v. EDUARDO DE LA CUESTA, Appellant. Civ. No. 10546. California Court of Appeals. Second Appellate District, Division One. July 9, 1936. Henry G. Bodkin for Appellant. Heaney, Price, Postel & Parma for Respondent. Shinn, J., pro tem. Appeal from a judgment for the recover...
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15 Cal. App. 2d 307 (1936) EMILIA J. BARNHARDT, Respondent, v. C. T. GRAY et al., Appellants. Civ. No. 5560. California Court of Appeals. Third Appellate District. July 9, 1936. M. C. Kerr and A. M. Mull, Jr., for Appellants. A. B. Reynolds and S. H. Jones for Respondent. Plummer, J. This cause is before us upon an appeal by the respondents from a judgment of the Superior Court of the Stat...
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15 Cal. App. 2d 316 (1936) CHAS. R. PENNINGTON, Petitioner, v. WILLIAM G. BONELLI, as Director of the Department of Professional and Vocational Standards, etc., Respondent. Civ. No. 5600. California Court of Appeals. Third Appellate District. July 9, 1936. H. Boyarsky and Emile Grossman for Petitioner. U.S. Webb, Attorney-General, and Lionel Browne, Deputy Attorney-General, for Respondent. ...
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15 Cal. App. 2d 322 (1936) In the Matter of the Estate of FRANK SMETHURST, Deceased. RAYMOND M. SMETHURST et al., Appellants, v. CHARLES W. SMETHURST et al., Respondents. Civ. No. 5626. California Court of Appeals. Third Appellate District. July 9, 1936. M. B. Moore and Ivan Sperbeck for Appellants. Richard Belcher and Homer Lingenfelter for Respondents. The Court. An order was made admitt...
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15 Cal. App. 2d 336 (1936) THE PEOPLE, Respondent, v. CHARLES P. TEMPLE et al., Appellants. Crim. No. 2838. California Court of Appeals. Second Appellate District, Division One. July 10, 1936. Paul Tapley and S. Ward Sullivan for Appellants. U.S. Webb, Attorney-General, and John O. Palstine, Deputy Attorney-General, for Respondent. Shinn, J., pro tem. Defendants Charles P. Temple and Fred ...
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15 Cal. App. 2d 340 (1936) BERNICE HAMILTON, Respondent, v. UNION PUBLIC MARKET et al., Defendants; GORE BROTHERS, INC., et al., Appellants. Civ. No. 10627. California Court of Appeals. Second Appellate District, Division One. July 10, 1936. J. M. Clements and James V. Brewer for Appellants. Maynard Garrison for Respondent. Shinn, J., pro tem. Plaintiff, while in a public market to make a ...
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Plaintiff leased certain premises in the city of Vernon to defendant for a term of ten years from December 11, 1926, for the purpose of excavating sand and gravel. Defendant agreed to pay a stated price per cubic yard with a minimum fixed for each calendar year. The following provisions appear in the lease: “It is understood that the above royalty shall be net to Lessor, and without the deduction...
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Plaintiff issued a policy of life insurance on the life of John V. Hanes, under date of August 1, 1929. Prior to April 7, 1932, the named beneficiaries were John V. Hanes, Jr., and William G. Hanes, his minor sons. On April 7, 1932, the insured executed in due form and delivered to Allen E. Sawyers, who was the agent of plaintiff, a request for change of beneficiary to Dorothy A. Hanes, his wife, ...
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Plaintiff sought to recover from defendant $1428.57 paid by her as part of the purchase price of a large tract of land in Los Angeles County. Her original subscription to a fund used in this purchase was $1,000. She paid $428.57 in assessments. The action is grounded solely on the failure of defendant to secure from the corpo *352 ration commissioner of California a permit to issue securities. ...
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15 Cal.App.2d 356 (1936) H. B. RASMUSSEN, Respondent, v. FRESNO TRACTION COMPANY (a Corporation) et al., Appellants. Civ. No. 1745. California Court of Appeals. Fourth Appellate District. July 10, 1936. W. H. Stammer, Galen McKnight, Everts, Ewing, Wild & Everts, A. W. Carlson and Richard H. Reeve for Appellants. David E. Peckinpah and Harold M. Child for Respondent. Barnard, P. J. The...
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The appellant was convicted of a violation of section 288 of the Penal Code of the state of California. The pertinent facts are as follows: On the evening of December 26, 1935, while appellant was escorting two children, Ida Nancy Dunning, age eight years, and George Dunning, age three and one-half years, from his home in Tuba City to the home of their parents in the same city, he entered the Chri...
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Appellants were charged by an amended information, containing thirteen counts. Count I charged a violation of section 209 of the Penal Code, to wit, kidnaping for the purpose of robbery; count II, the crime of kidnaping, a felony; counts III, IV, V, VI and VII, the crimes of rape, felonies; counts VIII, IX, X, XI and XII, violations of section 288a of the Penal Code; and count XIII, the crime o...
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15 Cal. App. 2d 407 (1936) BANK OF HAWAII (a Corporation) et al., Petitioners, v. CALIFORNIA GIBSON, as Treasurer, etc., Respondent; MARY E. MORRIS, Intervener. Civ. No. 5414. California Court of Appeals. Third Appellate District. July 13, 1936. Athearn, Chandler & Farmer for Petitioners. Clark, Nichols & Eltse for Intervener Morris. Rutledge & Rutledge for Interveners Reclamati...
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15 Cal. App. 2d 423 (1936) ELOISE ALMANERZ et al., Appellants, v. SAN DIEGO ELECTRIC RAILWAY COMPANY (a Corporation) et al., Respondents. Civ. No. 1183. California Court of Appeals. Fourth Appellate District. July 13, 1936. Clifford C. Pease for Appellants. Morrison, Hohfeld, Foerster, Shuman & Clark and V. F. Bennett for Respondents. Barnard, P. J. This is an action for damages for pe...
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15 Cal.App.2d 427 (1936) OLIVE MILLER, Plaintiff and Appellant, v. EMMA ROACH et al., Defendants; HARRY F. WEBER, Jr., et al., Defendants and Appellants. Civ. No. 1916. California Court of Appeals. Fourth Appellate District. July 13, 1936. C. A. Ballreich for Plaintiff and Appellant. Martin Gang for Defendants and Appellants. Turrentine, J., pro tem. Emma Roach executed a note secured by m...
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Plaintiff brought this action seeking to recover damages for the cancellation of .a policy of life insurance, the cancellation and the surrender of which policy was alleged to have been procured by fraud on the part of defendants. Upon a trial by jury, plaintiff had judgment and from said judgment defendants appeal. In presenting this appeal, appellants have listed several headings in their bri...
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In these two proceedings (consolidated by stipulation) petitioners sought writs of mandate to compel respondent as City Clerk of the City of Alameda to certify as sufficient two petitions for the recall of Charles W. Broyles and Bruce A. Munro, city couneilmen of said city. On the return of the alternative writs yesterday, peremptory writs of mandate were granted as prayed. We here set forth brief...
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15 Cal. App. 2d 440 (1936) EDGAR C. ROWE et al., Respondents, v. W. Y. STODDARD et al., Defendants; FRED E. BARNETT et al., Appellants. Civ. No. 5593. California Court of Appeals. Third Appellate District. July 14, 1936. Glensor, Clewe, Schofield & Van Dine and M. C. Kerr for Appellants. Young & McMillan for Respondents. Thompson, J. This is an appeal from an order denying a motion...
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15 Cal. App. 2d 443 (1936) In the Matter of the Application of JAMES MIRANDO for a Writ of Habeas Corpus. Crim. No. 1514. California Court of Appeals. Third Appellate District. July 14, 1936. Thomas E. Reynolds for Petitioner. Philip B. Lynch, District Attorney, and K. I. Jones, Deputy District Attorney, for Respondent. Thompson, J. On habeas corpus the petitioner asserts that he is illega...
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15 Cal. App. 2d 446 (1936) HARRIET KIRKPATRICK, Respondent, v. N. P. DAMIANAKES et al., Appellants. Civ. No. 10091. California Court of Appeals. First Appellate District, Division Two. July 15, 1936. James H. Phillips and Cooley, Crowley & Supple for Appellants. Jerome Politzer, George A. Connolly, James J. Harrington and C. D. McFarland for Respondent. Spence, J. This is an appeal by ...
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15 Cal. App. 2d 452 (1936) I. S. CHAPMAN & COMPANY (a Corporation), Appellant, v. HOWARD E. ULERY et al., Respondents. Civ. No. 5530. California Court of Appeals. Third Appellate District. July 15, 1936. O'Connor & Findlay for Appellant. Gibson, Dunn & Crutcher, and Keith Bullitt for Respondents. Pullen, P. J. For some time prior to June 10, 1926, Howard E. Ulery and his wife w...
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15 Cal. App. 2d 458 (1936) WILLIAM EATON, an Insane Person, etc., Plaintiff and Appellant v. L. O. THIEME, Defendant and Appellant. Civ. No. 9546. California Court of Appeals. First Appellate District, Division One. July 16, 1936. Ralph O. Marron, E.B. Power and R. Lee Chamberlain for Plaintiff and Appellant. Dinkelspiel & Dinkelspiel, J. Thaddeus Cline and Harold W. Conklin for Defendan...
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15 Cal. App. 2d 475 (1936) WILLIAM SCHRAMM, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, ORLIE R. BLAIR et al., Respondents. Civ. No. 10620. California Court of Appeals. Second Appellate District, Division One. July 16, 1936. Hewitt & Anderson and Don P. Fogarty for Petitioner. Everett A. Corten, Emmet J. Seawell, F. Britton McConnell and J. Jay Smith for Respondents. Houser, P. J. T...
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This action against appellant casualty company arose out of an automobile collision between the automobiles of and driven by appellant’s assured, Mr. J. M. McIntyre, and Mr. Willie Burbank. Mrs. Julia J. Burbank, the wife of Willie Burbank, who was riding in the Burbank ear at the time, was injured. Thereafter the Bur-*484banks brought suit against McIntyre and final judgment was recovered in thei...
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15 Cal. App. 2d 487 (1936) In the Matter of the Application of ESTELLE SPIERS on Behalf of MARY SPIERS for a Writ of Habeas Corpus. Crim. No. 1511. California Court of Appeals. Third Appellate District. July 16, 1936. H. B. Churchill and Lovett K. Fraser for Petitioner. Burt W. Busch, District Attorney, for Respondent. Plummer, J. On the 12th day of June, 1935, a petition was filed in the ...
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15 Cal. App. 2d 494 (1936) FRANK COX, Respondent, v. L. F. MILLER, Defendant; HERSHEL CALIFORNIA FRUIT PRODUCTS CO. (a Corporation), Appellant. Civ. No. 5541. California Court of Appeals. Third Appellate District. July 16, 1936. Levinsky & Jones and James C. Nichols for Appellant. Griffin & Boone and Edward T. Taylor for Respondent. Bruton, J., pro tem. On November 27, 1929, Frank ...
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On February 16, 1921, the defendants Grubel executed and delivered to Henry Shlaude: man their promissory note for $15,000, payable in five years. On the same date, B. F. Grubel only executed and delivered to Henry Shlaudeman a mortgage covering real property, said mortgage being to secure the payment of the aforementioned note, which mortgage was duly recorded. On May 9th, B. F. Grubel conveye...
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15 Cal. App. 2d 506 (1936) E. G. MASTERS, Respondent, v. THE BOARD OF DENTAL EXAMINERS OF CALIFORNIA, Appellant. Civ. No. 1186. California Court of Appeals. Fourth Appellate District. July 16, 1936. Anthony J. Kennedy and H. E. Lindersmith for Appellant. Wayne Compton for Respondent. Turrentine, J., pro tem. The respondent was suspended and his dental license revoked by judgment of the Boa...
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15 Cal.App.2d 511 (1936) EARL McCLINTOCK, Respondent, v. LOUIS ROBINSON, Appellant. Civ. No. 1638. California Court of Appeals. Fourth Appellate District. July 16, 1936. Forgy, Reinhaus & Forgy for Appellant. L. E. Dadmun for Respondent. Turrentine, J., pro tem. [1] Respondent filed his motion to dismiss the appeal on the ground that the appellant had not filed his opening brief within...
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Respondent filed his motion to dismiss the appeal on the ground that the appellant had not filed his opening brief within the time provided by law. Subsequent to the filing of the motion, but before the hearing thereof, appellant had served and filed his opening brief. On the authority of Graybiel v. Consolidated Associations, Ltd., 14 Cal. App. (2d) 547 [58 Pac. (2d) 665], the motion is denied. B...
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15 Cal. App. 2d 512 (1936) CENTRAL NATIONAL BANK OF OAKLAND (a National Banking Association), Respondent, v. J. LYDELL PECK, Appellant. Civ. No. 10099. California Court of Appeals. First Appellate District, Division Two. July 17, 1936. James F. Peck and George M. Naus for Appellant. Frank S. Richards and A. W. Carlson for Respondent. Nourse, P. J. The complaint declared on a promissory not...
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This action is one to recover royalties acquired through an assignment of an oil and gas lease. The original lease was between California Petroleum Corporation, lessor, and C. K. Cole, lessee, and covered lots 12 and 14, block 118, Huntington Beach 17th Street section, in the city of Huntington Beach. Cole assigned the lease to his wife, Frank H. Cole, who, on January 7, 1927, executed an assignme...
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15 Cal. App. 2d 520 (1936) AGATHA ARCHER et al., Appellants, v. CITY OF LOS ANGELES (a Municipal Corporation) et al., Defendants; LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (a Body Politic and Corporate), Respondent. Civ. No. 10623. California Court of Appeals. Second Appellate District, Division One. July 17, 1936. Dempster & Dempster, J. H. Creighton and Jerrell Babb for Appellants. Eve...
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This is an appeal by a third party claimant from a judgment in favor of an attaching creditor. *524The third party claimant assisted in financing a crop of onions raised by the defendants Guitron, who will be referred to as the defendants, in Riverside County, taking a crop mortgage which they later discovered was invalid. The defendants, who were partners, began to harvest the onions on May 1, 19...
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15 Cal. App. 2d 526 (1936) CLAIR WILSON, Respondent, v. GEORGE ANTHONY ZORB, Appellant. Civ. No. 9950. California Court of Appeals. Second Appellate District, Division One. July 17, 1936. Joseph Scott and Theodore C. Heyl for Appellant. Henry G. Bodkin and Leonard Husar for Respondent. *528 The Court. Defendant appeals from a judgment after verdict in an action for damages arising out of t...
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This is an appeal by plaintiff from a judgment rendered against it in an action growing out of *537 a contract between defendant, County of Los Angeles, and plaintiff, under the terms of which the former agreed to purchase from the latter an order of blankets. Plaintiff sought to recover from the defendant county the sum of $2,088.58, at a cost over and above the agreed basic price of the blank...
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On September 20, 1927, George B. Brown and Alta B. Brown, his wife, made their promissory note to the defendant for $655.50, secured by mortgage on the real property in controversy herein, which they then owned. In 1928, George B. Brown conveyed said property to Arthur F. Brown, his wife Alta B. Brown not joining in the deed. October 11, 1929, defendant purchased the real property which was sold u...
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This in an appeal by defendants from .a judgment in favor of plaintiffs in an action brought to recover damages for the death of Ralph E. Battison, deceased. The action was originally brought by Charles Matson, as the administrator of the estate of said deceased. The complaint contained the usual allegations regarding the qualifications of said administrator. Said allegations were merely denied f...
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15 Cal. App. 2d 548 (1936) In the Matter of the Estate of NETTIE FRISHHOLZ BARNES SMITH, Deceased. RALPH F. HEFNER, as Special Administrator, etc., et al., Appellants, v. GUS R. SMITH, Respondent. Civ. No. 5628. California Court of Appeals. Third Appellate District. July 20, 1936. W. E. Duncan, Jr., for Appellants. Herbert W. Whitten and Carleton Gray for Respondent. Bruton, J., pro tem. O...
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15 Cal. App. 2d 552 (1936) LOUISE L. HECTOR et al., as Coexecutors, etc., Petitioners, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent. Civ. No. 5614. California Court of Appeals. Third Appellate District. July 20, 1936. Butler, Van Dyke & Harris for Petitioners. T. L. Chamberlain and R. C. McKellips for Respondent. Steel, J., pro tem. This is a proceeding in mandamus by which petitione...
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15 Cal. App. 2d 555 (1936) LOGAN E. RUGGLES, Appellant, v. LeROY BAILEY, Public Administrator, etc., Respondent. Civ. No. 1951. California Court of Appeals. Fourth Appellate District. July 20, 1936. A. R. Honnold for Appellant. George W. Fisher for Respondent. *556 Turrentine, J., pro tem. This is an appeal from a judgment dismissing appellant's complaint to set aside a judgment of divorce...
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15 Cal.App.2d 557 (1936) GIDEON W. GRANGER, Respondent, v. LEGISLATIVE BODY OF THE CITY OF ESCONDIDO et al., Appellants. Civ. No. 1931. California Court of Appeals. Fourth Appellate District. July 20, 1936. J. A. Isaacson for Appellants. No appearance for Respondent. Barnard, P. J. The petitioner filed in the superior court a petition for a writ of mandate commanding the respondents to cal...
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The petitioner filed in the superior court a petition for a writ of mandate commanding the respondents to call a special election to determine whether the voters of said city desired to recall two city officials named in the petition. After answer filed and hearing held the court entered its order and judgment directing the issuance of the writ. From this judgment the respondents named in the peti...
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The plaintiff brought the present action to recover from the Standard Accident Insurance Company, a corporation having its principal office in the city of Detroit, Michigan, and L. R. Travis, the general manager of its San Francisco office, the sum of $20,000 damages for libel. The cause was tried before a jury. At the conclusion of the plaintiff’s case the defendants moved the court for a nonsui...
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15 Cal.App.2d 569 (1936) BERTRAND M. J. CONLIN, Respondent, v. WILLIAM R. COYNE et al., Appellants. Civ. No. 10796. California Court of Appeals. Second Appellate District, Division One. July 21, 1936. Halverson & Halverson, and Pacht, Turnbull, Pelton & Warne for Appellants. Harry K. Sargent for Respondent. Desmond, J., pro tem. Respondent moved to dismiss an appeal from an order of the su...
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15 Cal. App. 2d 572 (1936) OAKLEY COMPANY (a Corporation), Respondent, v. MAUDE R. L. BUTLER et al., Defendants; G. D. BUTLER, Appellant. Civ. No. 1188. California Court of Appeals. Fourth Appellate District. July 21, 1936. Kendall B. Perkins and Smith & Perkins for Appellant. Nicholas W. Hacker for Respondent. Turrentine, J., pro tem, On April 24, 1930, plaintiff entered into a contra...
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This is an appeal by plaintiffs from a judgment entered upon a directed verdict. Plaintiff Lupe Plores, wife of plaintiff Tgnacio Plores, sustained personal injuries when struck by an electric street car operated by defendant railway corporation. The accident occurred on November 7, 1934, at approximately 2 o’clock in the afternoon, at or near the intersection of Seventh Street and Broadway in ...
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This is an action brought to recover damages on account of personal injuries received by plaintiff when she was struck by defendant railway company’s passenger-carrying bus, while crossing Beverly Boulevard near its intersection with Spaulding Avenue in the city of Los Angeles, on March 23, 1934, at about 10 o’clock in the morning. Trial was had before the court, and upon findings made that while...
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15 Cal. App. 2d 585 (1936) EUGENE J. RINALDO, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 10752. California Court of Appeals. Second Appellate District, Division One. July 22, 1936. L. E. Dadmun for Petitioner. U.S. Webb, Attorney-General, and Paul D. McCormick, Deputy Attorney-General, for Respondents. Houser, P. J. The facts essential to a determ...
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The appellant was appointed executrix of the estate of her deceased husband in March, 1927. She received a draft for $21,753.60 payable to herself as such executrix and, on October 9, 1930, endorsed and turned over this draft to the Bank of Italy, of which bank the respondent is the successor. She was given a cashier’s check for $21,000, payable to herself as such executrix, and $753.60 was dep...
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15 Cal. App. 2d 599 (1936) THOMAS VAN DYKE TYLER SHAW, a Minor, etc., et al., Respondents, v. EDWARD E. JOHNSON, as Administrator, etc., Appellant. Civ. No. 10170. California Court of Appeals. First Appellate District, Division Two. July 23, 1936. James E. Colston, John G. Alioto and Jack E. Hursh for Appellant. Courtney L. Moore and Heller, Ehrman, White & McAuliffe for Respondents. Sp...
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By amended indictments appellant was charged with and convicted of the crimes of robbery, kid *609 naping and assault with intent to commit murder. He was also charged with a prior conviction of a felony, which he admitted. This appeal is from the order denying his motion for new trial and from the judgments entered on the verdicts of guilty of the three crimes. There is direct and positive e...
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15 Cal. App. 2d 612 (1936) CARRIE BORDEN MILLER, as Executrix, etc., Respondent, v. CALIFORNIA TRUST COMPANY (a Corporation), as Executor, etc., Appellant. Civ. No. 10289. California Court of Appeals. Second Appellate District, Division One. July 23, 1936. Swanwick, Donnelly & Proudfit and Tom W. Henderson for Appellant. Bauer, Macdonald, Schultheis & Pettit and Thomas H. McGovern fo...
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In this action to quiet title to two lots in Ocean Beach the plaintiff claims under a grant deed to herself and one David Conroy as joint tenants, which deed has been lost or destroyed and was never recorded. The defendants claim under another deed from the same grantor to Conroy alone and under Conroy’s will. Prom a judgment in favor of the defendants the plaintiff has appealed. It appears from t...
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The plaintiff brought an action to recover from the defendants damages in the amount of $4,500 for the breach of an alleged oral contract to employ him as broker in effecting insurance on a number of automobiles and auto-trucks owned by one or other of the defendants or by their employees. The contract alleged was that on or about March 23, 1928, plaintiff promised and agreed with defendants to se...
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15 Cal. App. 2d 630 (1936) ANTHONY PRATT et al., Appellants, v. SECURITY TRUST AND SAVINGS BANK et al., Respondents. Civ. No. 10038. California Court of Appeals. Second Appellate District, Division One. July 27, 1936. Arthur E. Briggs and John C. Packard for Appellants. Newlin & Ashburn and A. W. Ashburn for Respondents. Roth, J., pro tem. Plaintiffs as resident taxpayers and members o...
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15 Cal.App.2d 642 (1936) ALICE L. CANFIELD, as Executrix, etc., Appellant, v. E. W. SCRIPPS, Trustee, et al., Respondents. Civ. No. 10621. California Court of Appeals. Second Appellate District, Division One. July 27, 1936. McAdoo, Neblett & Warner, William H. Neblett, John Sobieski and LeRoy P. Lorenz for Appellant. S. S. Hahn and W. O. Graf for Respondents. Roth, J., pro tem. Alice L...
Views: 0
15 Cal. App. 2d 649 (1936) THE PEOPLE, Respondent, v. ERNEST SPILLARD, Appellant. Crim. No. 1488. California Court of Appeals. Third Appellate District. July 27, 1936. McAllister & Johnson and O. F. Meldon for Appellant. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. Pullen, P. J. Appellant was convicted of violating section 288 of the Penal ...
Views: 12
Defendants appeal from a judgment in favor of plaintiff and respondent in an action for damages for personal injuries. The action was tried by the court sitting without a jury, and a judgment in the sum of $3,000 was rendered. This appeal presents but one question, viz.: Was plaintiff guilty of contributory negligence as a matter of law? The facts are simple, and may be briefly stated as foll...
Views: 0
15 Cal. App. 2d 659 (1936) A. BRUCE, Appellant, v. THOMAS E. RISLEY, Respondent. Civ. No. 1742. California Court of Appeals. Fourth Appellate District. July 28, 1936. John D. Chinello and Leonard B. Fowler for Appellant. Walter H. Stammer for Respondent. Jennings, J., The appeal herein is taken by the plaintiff from a judgment rendered in favor of defendant. Plaintiff instituted the action...
Views: 2
15 Cal.App.2d 665 (1936) RUSSELL W. NORTHRUP et al., Respondents, v. JOHN R. HAYNES et al., Appellants. Civ. No. 10993. California Court of Appeals. Second Appellate District, Division Two. July 29, 1936. Ray L. Chesebro, City Attorney, Frederick von Schrader, Assistant City Attorney, and Bourke Jones, Deputy City Attorney, for Appellants. Robert F. Shippee for Respondents. *666 Mccomb, J.,...
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15 Cal.App.2d 667 (1936) KLYDE KRAFT, Respondent, v. DANIEL W. BRIGGS, Appellant. Civ. No. 11101. California Court of Appeals. Second Appellate District, Division Two. July 29, 1936. David R. Faries for Appellant. H. Landon Morris for Respondent. Crail, P. J. This case comes before us on the motion of the plaintiff to dismiss the appeal upon the ground that the appeal was not taken within ...
Views: 1
15 Cal.App.2d 669 (1936) THE PEOPLE, Respondent, v. LAWRENCE WOOLEY, Appellant. Crim. No. 1496. California Court of Appeals. Third Appellate District. July 29, 1936. H. D. Gregory for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. Plummer, J. The defendant was convicted of an offense specified in section 285 of the Penal Code. His moti...
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This is a petition for a writ of mandamus to require the Judge of the Superior Court of Glenn County to dismiss an action numbered 5520 which was filed in that county February 5, 1935, and which is now pending therein between C. V. and Carrie Seidell, plaintiffs, and Anglo-California Trust Company et al., defendants, the court having denied defendants’ application for a nonsuit and for judgment...
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This ease was before us on a former appeal. (Lindsay v. Mack, 5 Cal. App. (2d) 491 [43 Pac. (2d) 350], which see for. the facts and law of the case.) It was there reversed with directions to make findings on certain issues. In that case it was said: “Evidence was presented by both parties on this issue but the trial court failed to find upon it.” The issue here mentioned is the same as th...
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In this action to quiet title to a lot in San Diego the court made findings and entered judgment in favor of the plaintiff and the defendants have appealed on the judgment-roll alone. On July 17, 1925, Sarah Tenney, being then 80 years of age, executed a grant deed conveying the property in question to the respondent, this deed reserving to the grantor “the free use and occupancy of the said premi...
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By means of habeas corpus the petitioner seeks to procure his discharge from custody under the provisions of section 871 of the Penal Code on the ground that the preliminary examination discloses no evidence of the commission of the crime of "forgery with which he was charged and that it does not appear therefrom that there is reasonable cause to believe he was guilty of forgery or any other pu...
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Defendant’s demurrer to the amended complaint was sustained and subsequently the trial court denied leave to amend a second time. Judgment of dismissal followed, from which plaintiffs have taken this appeal. We find no error in the trial court’s rulings. The action was instituted by 144 persons as plaintiffs to recover from the defendant corporation the sums of money alleged to have been paid by t...
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This case was originally filed in the Superior Court of Los Angeles County on or about October 22, 1930. The complaint was in two counts, one against the corporation for malicious prosecution of a civil action, the other against the stockholders of the corporation on their stockholders’ liability. To this complaint various demurrers were interposed, and finally the superior court sustained a de...
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Appellant, as petitioner in the court below, sought and obtained a writ of review for the purpose of determining the validity of an order of the respondent Commissioner of Corporations suspending a permit theretofore issued to appellant petitioner, authorizing the sale of stock by the latter. The proceeding was instituted under section 15 of the Corporate Securities Act (Stats. 1917, p. 673, and ...
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I dissent; the reason therefor being that in my opinion the foundational statute is unconstitutional. A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on August 27, 1936....
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15 Cal. App. 2d 710 (1936) MISS M. HEUER, Appellant, v. ROBERT H. KEE, Respondent. Civ. No. 10716. California Court of Appeals. Second Appellate District, Division One. July 31, 1936. Gladys Towles Root, S. S. Hahn, W. O. Graf and Phi O. Clough for Appellant. James M. Carter for Respondent. White, J., pro tem. Plaintiff brought this action to recover damages for certain alleged libelous an...
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Respondent brought this action to recover certain personal property alleged to be wrongfully detained by appellants. The cause was tried before the court, sitting without a jury, resulting in a judgment for respondent, from which judgment, and from an order denying a motion for a new trial, this appeal is prosecuted. The facts germane to this proceeding are, that during the year 1930 the firm of S...
Views: 0
This appeal is from a judgment in favor of respondents after trial before a court without a jury. The conceded facts are: Seaboard' Surety Corporation of America executed and delivered to the state of California a bail bond in the sum of $20,000, whereupon Martin A. Leach was released from custody upon a writ of habeas corpus. At the same time respondents agreed to indemnify and save harmless Seab...
Views: 0
15 Cal. App. 2d 723 (1936) LUCILLE M. COLBY, Respondent, v. HARRISON M. PIERCE, Appellant. Civ. No. 1643. California Court of Appeals. Fourth Appellate District. July 31, 1936. Swing & Swing for Appellant. Everett H. Smith and Miguel Estudillo for Respondent. Jennings, J. Respondent Lucille M. Colby has moved to dismiss the appeals taken by appellant. The action in which the appeals ha...
Views: 4
15 Cal. App. 2d 726 (1936) E. B. RHOADS, Appellant, v. I. A. STUDLEY, Respondent. Civ. No. 9853. California Court of Appeals. First Appellate District, Division One. August 3, 1936. Booth B. Goodman, H. H. Kilpatrick, F. E. Kilpatrick and John W. Wentz for Appellant. James F. Hoey, F. G. Hamilton and Warren Cunningham for Respondent. Ward, J., pro tem. This is an action for damages for per...
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Alice B. Dunton died testate, bequeathing all her estate to Ralph Doherty, sometimes called Ralph Daugherty, appellant, naming him executor thereof. Decedent left no surviving next of kin. The estate consisted of the community property of decedent and her husband, who had predeceased her. The will was duly probated and appellant appointed executor. Ralph Doherty was a stranger to the estate of ...
Views: 3
The trial court found from the evidence in this case that the defendant Joseph B. Strauss was indebted to plaintiff in the sum of $5,000 on an assigned account stated. Judgment was entered accordingly, and defendant appeals. In our opinion the appeal is utterly without merit. Plaintiff’s case was established at the trial by the uncontradicted testimony of two witnesses. One was plaintiff’s...
Views: 0
This is an appeal by plaintiff from a judgment in favor of defendant after a trial before the court without a jury. The conceded facts are: A judgment in the sum of $15,000 predicated upon an automobile accident was obtained against defendant and the National Packing Company, of which plaintiff and defendant were copartners. An insurance company paid $10,000 in partial satisfaction of the judgment...
Views: 1
This is an appeal from a judgment awarding plaintiff $1390.87 with interest and attorney fees. Defendant, through his automobile sales business, disposed of an automobile to a third party under a conditional sales contract providing that title to the automobile should be reserved in the vendor until the purchase price had been fully paid. Approximately one-third of the purchase price was paid upo...
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In an information that was filed against him defendant was charged, first, with the commission by him of the crime of forgery; secondly, of the crime of grand theft. In the same information, defendant also was charged with having theretofore suffered two prior convictions for felonies alleged to have been committed by him, for each of which he had served a term in prison. When the action came on ...
Views: 1
This is an original proceeding for a writ of mandate to compel the officers of the board of education of the city of Los Angeles (which is the governing body of the following school districts: Los Angeles City School District of Los Angeles County, Los Angeles City High School District of Los Angeles County, and Los Angeles City Junior College District of Los Angeles County), the superintendent of...
Views: 0
15 Cal.App.2d 751 (1936) THE CITY OF LOS ANGELES (a Municipal Corporation), Petitioner, v. GERTRUDE H. ROUNSAVELLE et al., Respondents. Civ. No. 10997. California Court of Appeals. Second Appellate District, Division Two. August 5, 1936. Ray L. Chesebro, City Attorney, Leon Thomas David, Assistant City Attorney, and Arthur Loveland, Deputy City Attorney, for Petitioner. Everett W. Mattoon, C...
Views: 0
This is an appeal upon the judgment roll from a final judgment rendered after order sustaining a general and special demurrer interposed to the complaint by defendant Leahy. Plaintiff declined leave to amend. The action is one to recover damages for personal injuries alleged to have been inflicted upon the plaintiff, through collision with a concrete pier, while riding on a public highway in an a...
Views: 5
Plaintiffs brought this action to recover indemnity under a “Depositor’s Forgery Policy”. The cause was tried before the court upon an agreed statement *760 of facts. Plaintiffs had judgment and from said judgment defendant appeals. The policy issued by appellant to respondents provided indemnity “against any losses . . . which may be sustained through the payment ... by the i...
Views: 2
15 Cal.App.2d 762 (1936) SAMUEL L. KURLAND, Appellant, v. FOREST LAWN MEMORIAL PARK ASSOCIATION, INC., et al., Respondents. Civ. No. 10909. California Court of Appeals. Second Appellate District, Division Two. June 27, 1936. Don M. Kitzmiller and F. D. R. Moote for Appellant. Call & Murphey, Robert B. Murphey, Alex W. Davis, Hill, Morgan & Bledsoe and Vincent Morgan for Respondents. ...
Views: 0
Plaintiff appeals from a judgment in favor of defendant after the trial court sustained a demurrer without leave to amend to plaintiff’s complaint, which alleged that defendant had libeled plaintiff. On a similar set of facts we have this day decided in the case of Pollard v. Forest Lawn Memorial Park Association, Inc., Civil No. 10908 (ante, p. 77 [59 Pac. (2d) 203]) the identical questions of la...
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In this proceeding petitioner sought a writ of prohibition prohibiting respondents from giving civil service examinations under the provisions of the charter of the county of San Diego. All material questions here presented are disposed of in the opinion this day filed in the ease of Cornell v. Harris, No. 1960 (ante, p. 144 [59 Pac. (2d) 570].) Upon the authorities there cited and for the reasons...
Views: 0

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