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All Reporterscal-app-2d → Volume 160

Opinions in cal-app-2d Volume 160

This is an appeal by Mrs. Adleson from an order of the superior court refusing to modify a prior order granting physical custody and control of two of the four minor children of the broken marriage to her husband, Mr. Adleson. In September of 1955, Madelaine Adleson secured an interlocutory decree of divorce from Frank Adleson. This decree, among other things, provided that Mrs. Adleson should hav...
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160 Cal. App. 2d 6 (1958) THE PEOPLE, Respondent, v. GILBERT R. CARROLL et al., Appellants. Crim. No. 3453. California Court of Appeals. First Dist., Div. One. May 1, 1958. Lawrence W. Welch, Jr., for Appellants. Edmund G. Brown, Attorney General, Doris H. Maier, and J. M. Sanderson, Deputy Attorneys General, for Respondent. PETERS, P. J. Carroll and Ault were charged with the grand theft ...
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160 Cal. App. 2d 10 (1958) Estate of MAX A. ELFTMAN, Deceased. OSCAR ELFTMAN, as Executor, etc., Appellant, v. BONNIE W. MERRILL, as Executrix, etc., Respondent. Civ. No. 17890. California Court of Appeals. First Dist., Div. Two. May 1, 1958. Marshall Rutherford for Appellant. Frank W. Rose for Respondent. BRAZIL, J. pro tem. [fn. *] Max A. Elftman died on January 29, 1955. Soon thereafte...
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160 Cal. App. 2d 16 (1958) 324 P.2d 657 JOSEPH W. MAIA, JR., Appellant, v. SECURITY LUMBER AND CONCRETE COMPANY, INC. (a Corporation), Respondent. Docket No. 9188. Court of Appeals of California, Third District. May 1, 1958. *17 Winters & Winters and Robert K. Winters for Appellant. Leo C. Dunnell, William H. Herbert and Adey May Dunnell for Respondent. PEEK, J. This is an appeal by plaintiff...
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160 Cal. App. 2d 22 (1958) FLOY M. MIDDLECOFF, Respondent, v. ROBERT F. MIDDLECOFF, Appellant. Civ. No. 17670. California Court of Appeals. First Dist., Div. One. May 2, 1958. Tudor Gairdner for Appellant. Molly H. Minudri for Respondent. PETERS, P. J. Robert F. Middlecoff appeals from those portions of a decree granting him an annulment that awarded Floy M. Middlecoff, his former wife, at...
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160 Cal. App. 2d 28 (1958) 324 P.2d 926 THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Respondent, v. ANTHONY G. LAGISS, Appellant. Docket No. 17791. Court of Appeals of California, First District, Division One. May 2, 1958. *30 John A. Nejedly for Appellant. Robert E. Reed, Holloway Jones, Jack M. Howard and Harry C. Miller for Respondent. BRAY, J. Defendant appeals from a judgment in a condemna...
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160 Cal. App. 2d 38 (1958) RALPH T. KELLY, Petitioner, v. MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent. Civ. No. 18048. California Court of Appeals. First Dist., Div. One. May 2, 1958. Albert M. Bendich, as Amicus Curiae on behalf of Petitioner. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney Ge...
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160 Cal. App. 2d 47 (1958) RUTH ELIZABETH HARMON, Respondent, v. FRANCIS L. HARMON, Appellant. Civ. No. 22130. California Court of Appeals. Second Dist., Div. Three. May 2, 1958. Weyl, Dunaway & Weyl and John A. Weyl for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Victor Griffith, Deputy Attorney General, for Respondent. WOOD (Parker),...
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Plaintiff appeals from the orders of the trial court setting aside the defaults of the defendants Kerr and Phillips and the judgments which were entered pursuant thereto. The facts and circumstances giving rise to this proceeding may be summarized as follows: A truck owned by plaintiff was involved in an accident with a truck operated by the defendant George S. Kerr. Thereafter a complaint was fil...
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This is an appeal from a judgment denying recovery of taxes paid under protest. Appellant is a retailer within the meaning of the Sales and Use Tax Law and made retail sales in this state subject to sales taxes. It claimed that by virtue of its methods of doing business a part of its receipts which constituted charges for the delivery of items sold should be excluded from the computation of gross...
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160 Cal.App.2d 60 (1958) 324 P.2d 683 O'KELLEY-ECCLES COMPANY (a Corporation), Appellant, v. THE STATE OF CALIFORNIA et al., Respondents. Docket No. 9306. Court of Appeals of California, Third District. May 2, 1958. *61 Hanna & Morton and James M. McRoberts for Appellant. Edmund G. Brown, Attorney General, James E. Sabine and Irving H. Perluss, Assistant Attorneys General, and Edward P. Holli...
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160 Cal.App.2d 66 (1958) CECIL M. BRITTON, Respondent, v. DONALD GUNDERSON et al., Appellants. Civ. No. 9337. California Court of Appeals. Third Dist. May 2, 1958. Rich, Fuidge & Dawson, Russell A. Harris and Donald McGregor for Appellants. C. Ray Robinson, Ronald G. Cameron and Daniel J. Higgins for Respondent. *68 VAN DYKE, P. J. This is an appeal from an order granting plaintiff's motio...
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160 Cal. App. 2d 70 (1958) PHIL H. PHILIPS, Respondent, v. SUN-BEST FRUIT DISTRIBUTORS (a Partnership) et al., Appellants. Civ. No. 5651. California Court of Appeals. Fourth Dist. May 2, 1958. Hanna & Brophy, Hays & Hays and James N. Hays for Appellants. Lopez & Hyde and Floyd H. Hyde for Respondent. GRIFFIN, J. Plaintiff-respondent brought this action for personal injuries res...
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160 Cal.App.2d 81 (1958) Estate of C. E. HOUCHIN, Deceased. LESTER H. HOUCHIN et al., Appellants, v. KATHRYN HOUCHIN, Respondent. Civ. No. 5655. California Court of Appeals. Fourth Dist. May 2, 1958. Kimble, Thomas, Snell, Jamison & Russell, Deadrich, Bates & Stewart, Thomas Elke and Kenneth H. Bates for Appellants. Baker, Palmer, Wall & Raymond for Respondent. BARNARD, P. J. This is an ap...
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160 Cal. App. 2d 89 (1958) THOMAS EISTRAT et al., Appellants, v. WILLIAM I. HUMISTON et al., Respondents. Civ. No. 5656. California Court of Appeals. Fourth Dist. May 2, 1958. Thomas Eistrat and Elma Eistrat, in pro. per., for Appellants. W. Floyd Cobb for Respondents. GRIFFIN, J. In an action by plaintiff and his wife against defendants William I. Humiston and Marjorie Humiston, husband a...
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Appellants were convicted of 10 counts of violation of section 26104, subdivision (a), Corporations Code, through the sale of undivided interests and issuance of certificates of interest in a mining title and lease without first securing a permit from the Commissioner of Corporations. Each appeals from the judgment and an order denying his motion for new trial. Appellants’ main argument is that th...
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160 Cal. App. 2d 110 (1958) In re GUY N. STAFFORD, on Habeas Corpus. Crim. No. 6193. California Court of Appeals. Second Dist., Div. Three. May 5, 1958. Guy N. Stafford, in pro. per., for Petitioner. Harold W. Kennedy, County Counsel (Los Angeles), and Robert C. Lynch, Deputy County Counsel, for Respondent. VALLEE, J. Proceeding in habeas corpus to determine the validity of orders of the s...
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160 Cal. App. 2d 117 (1958) JANICE HENSLEY, a Minor, etc., Appellant, v. GLADYS SELLERS et al., Respondents. Civ. No. 9226. California Court of Appeals. Third Dist. May 5, 1958. Manwell & Manwell and James G. Changaris for Appellant. Rich, Fuidge & Dawson for Respondents. PEEK, Acting P. J. By her guardian ad litem the minor plaintiff sought damages for personal injuries alleged to...
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160 Cal.App.2d 121 (1958) 324 P.2d 656 THE PEOPLE, Respondent, v. LEROY HOOD, Appellant. Docket No. 3463. Court of Appeals of California, First District, Division Two. May 6, 1958. *122 Edward T. Mancuso, Public Defender (San Francisco), for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Thomas C. Lynch, D...
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160 Cal. App. 2d 123 (1958) THE PEOPLE, Respondent, v. MANUEL DIAZ et al., Defendants; FREDERICO MUNOZ, Appellant. Crim. No. 5856. California Court of Appeals. Second Dist., Div. One. May 6, 1958. Frederico Munoz, in pro. per., and Joseph M. Rosen, under appointment of the District Court of Appeal, for Appellant. Edmund G. Brown, Attorney General, and Norman H. Sokolow, Deputy Attorney Gener...
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Action for an injunction and damages. The complaint alleges that plaintiff has developed and owns a set of plans and specifications for a nine-unit apartment building which he builds complete for $50,000; his plans and specifications are of superior quality, workmanship and design, the result of his unique efforts in the development thereof; defendant Stern borrowed plaintiff’s plans and specifica...
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160 Cal. App. 2d 141 (1958) VERLAH FERN TEW, Appellant, v. WILLIE TEW, Respondent. Civ. No. 9250. California Court of Appeals. Third Dist. May 6, 1958. William H. McPherson for Appellant. Henry H. Kilpatrick, Thomas F. O'Hara and J. Clinton Peterson for Respondent. PEEK, J. Plaintiff appeals from an order of the trial court granting defendant's motion to dismiss plaintiff's action pursuant...
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160 Cal. App. 2d 145 (1958) Estate of HENRY PETER RONKENDORF, Deceased. HENRY A. GOTTSCHE, Appellant, v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA et al., Respondents. Civ. No. 9329. California Court of Appeals. Third Dist. May 6, 1958. Manfred M. Warren, Howard C. Ellis, Bernard B. Glickfeld and C.J. Hollander for Appellant. Dallas S. Townsend, Assistant Attorney General of the Unite...
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160 Cal. App. 2d 154 (1958) 324 P.2d 959 VERA ALLEN DAWSON, Appellant, v. ELVIN RASH, Respondent. Docket No. 9344. Court of Appeals of California, Third District. May 6, 1958. *156 Vera Allen Dawson, in pro. per., and Ernest E. Emmons, Jr., for Appellant. Frederick W. Reyland, Jr., County Counsel (Stanislaus), David G. Dunford, Assistant County Counsel, and Clayton M. Ham, Deputy County Counsel, ...
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160 Cal.App.2d 162 (1958) Estate of FANNIE M. HECK, Deceased. SIDNEY J. W. SHARP, Individually and as Executor, Appellant, v. HATTIE J. LANE, Respondent. Civ. No. 5662. California Court of Appeals. Fourth Dist. May 6, 1958. Herbert M. Braden for Appellant. Kimble, Thomas, Snell and Jamison & Russell for Respondent. MUSSELL, J. Fannie M. Heck died testate in 1952 and her will was admitted t...
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Fannie M. Heck died testate in 1952 and her will was admitted to probate on September 30, 1952. At that time section 901 of the Probate Code read in part as follows: “The executor, when no compensation is provided by the will or he renounces all claim thereto, or the administrator, shall receive commissions upon the amount of estate accounted for by him, as follows: For the first thousand dollars,...
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160 Cal. App. 2d 167 (1958) RAYMOND FRANCIS JACKSON, Appellant, v. GEORGE H. BARNETT, Respondent. Civ. No. 5667. California Court of Appeals. Fourth Dist. May 6, 1958. Thomas H. Werdel and Conron, Heard & James for Appellant. Mack, Bianco, King & Eyherabide for Respondent. GRIFFIN, J. Plaintiff-appellant brought this action for damages for personal injuries suffered in a fall from ...
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160 Cal. App. 2d 174 (1958) ERNEST W. McCAIN, Appellant, v. JOHN SHERIDAN et al., Respondents. Civ. No. 17762. California Court of Appeals. First Dist., Div. Two. May 7, 1958. Pelletreau, Gowen & Moses, William P. Moses and Robert H. Kroninger for Appellant. Thomas M. Carlson, City Attorney (Richmond), Robert Collins, Assistant City Attorney, and John Ormasa for Respondents. John W. Col...
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160 Cal.App.2d 178 (1958) REALTY COMPANY OF AMERICA, INC. (a Corporation), Appellant, v. ROY W. BURTON, as Special Administrator, etc., et al., Respondents. Civ. No. 22458. California Court of Appeals. Second Dist., Div. One. May 7, 1958. Wolver & Wolver and Eugene L. Wolver for Appellants. Avery M. Blount and Edward S. Cooper for Respondents. WHITE, P. J. Two actions were consolidated for...
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160 Cal. App. 2d 201 (1958) E. F. BURGE, Plaintiff and Appellant, v. NORVAL KRUG, Defendant and Appellant. Civ. No. 22886. California Court of Appeals. Second Dist., Div. One. May 7, 1958. Aaron Sapiro and Charles M. Arak for Plaintiff and Appellant. Hastings, Blanchard & Hastings for Defendant and Appellant. LILLIE, J. Appeals have been taken by both parties from a $1,200 judgment in ...
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The sole question presented by this proceeding is whether or not petitioner Gordon Armstrong Company, Inc., a foreign corporation, was “doing business in this State” in such manner and to such extent as to make it amenable to service of process and to the jurisdiction of our superior court. Petitioner, a corporation organized under the laws of Ohio, is one of two defendants in an action brought in...
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160 Cal.App.2d 222 (1958) RICHARD J. BICE et al., Appellants, v. JAMES STEVENS et al., Respondents. Civ. No. 22567. California Court of Appeals. Second Dist., Div. Three. May 7, 1958. Donald P. Lane and Lane & Lane for Appellants. Dolley, Jessen & Painter, Louis Miller and Harry E. Templeton for Respondents. VALLEE, J. Plaintiffs have appealed from two orders denying their motions made und...
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160 Cal. App. 2d 234 (1958) HAROLD J. THOMAS, Appellant, v. SUMMERS GYROSCOPE COMPANY (a Corporation) et al., Respondents. Civ. No. 22361. California Court of Appeals. Second Dist., Div. Three. May 8, 1958. Clark, Trau & Langworthy, Howard M. Langworthy and William Douglas Sellers for Appellant. Frank P. Doherty for Respondents. WOOD (Parker), J. Plaintiff, as an owner of stock in the defe...
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160 Cal. App. 2d 246 (1958) THERESA WHEELER, Appellant, v. SUPERIOR MORTGAGE COMPANY (a Corporation) et al., Respondents. Civ. No. 22409. California Court of Appeals. Second Dist., Div. Three. May 8, 1958. Herbert Colden for Appellant. Milton N. White for Respondents. WOOD (Parker), J. Action to recover treble the amount paid as interest on an alleged usurious loan, and to enjoin a foreclo...
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160 Cal.App.2d 256 (1958) ARTHUR TESCHE et al., Respondents, v. BEST CONCRETE PRODUCTS, INC. (a Corporation) et al., Appellants. Civ. No. 17628. California Court of Appeals. First Dist., Div. One. May 9, 1958. Woodrow W. Kitchel and D. W. Brobst for Appellants. Quaresma & Rhodes for Respondents. WOOD (Fred B.), J. Plaintiffs were awarded $10,855 for the loss of their 15-year-old son Robert...
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160 Cal. App. 2d 264 (1958) GLADYS TORREGANO STEVENS, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; ALFRED TORREGANO, Real Party in Interest. Civ. No. 18097. California Court of Appeals. First Dist., Div. One. May 9, 1958. Bergen Van Brunt and Allan L. Sapiro for Petitioner. No appearance for Respondent. Wallace, Garrison, Norton & Ray for Real Party...
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160 Cal. App. 2d 271 (1958) MILAN IRA DREW et al., Appellants, v. LESLIE MUMFORD et al., Respondents. Civ. No. 22972. California Court of Appeals. Second Dist., Div. One. May 9, 1958. Cyril A. Walton for Appellants. James L. Garcia for Respondents. FOURT, J. This is an appeal from a judgment declaring defendants to be the owners in fee simple of a small strip of ground. In November, 1944,...
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160 Cal.App.2d 277 (1958) BULLOCK'S, INC. (a Corporation), Respondent, v. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES (a National Banking Association), as Trustee, etc., et al., Appellants. Civ. No. 22635. California Court of Appeals. Second Dist., Div. Two. May 9, 1958. Iverson & Hogoboom for Appellants. Macfarlane, Schaefer & Haun and E. J. Caldecott for Respondent. FOX, P. J. Th...
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160 Cal. App. 2d 290 (1958) WILLIE MAE JOHNSON et al., Respondents, v. HOLMES TUTTLE LINCOLN-MERCURY, INC. (a Corporation), Appellant. California Court of Appeals. May 9, 1958. Getz, Aikens & Manning, Thomas C. Murphy and DeWitt Morgan Manning for Appellant. A. J. Blackman for Respondents. VALLEE, J. Appeal from a judgment for plaintiffs as third party beneficiaries of an oral agreement ...
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160 Cal. App. 2d 301 (1958) VERA BLACKBURN, Appellant, v. WILLIS E. BLACKBURN et al., Respondents. Civ. No. 17807. California Court of Appeals. First Dist., Div. Two. May 12, 1958. Orlando J. Bowman, and Robert H. Kroninger for Appellant. Morris M. Grupp for Respondents. DRAPER, J. After filing two actions, twice amending one, dismissing a portion of one, and obtaining an order consolidati...
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160 Cal.App.2d 305 (1958) THE PEOPLE, Respondent, v. ROSE LUCAS, Appellant. Crim. No. 3404. California Court of Appeals. First Dist., Div. Two. May 12, 1958. Nathan Cohn and Lawrence Shostak for Appellant. *307 Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Thomas C. Lynch, District Attorney (San Francisco), and...
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160 Cal. App. 2d 312 (1958) HARLEY J. BRIGGS, Appellant, v. FRIEDA BRIGGS, Respondent. Civ. No. 22722. California Court of Appeals. Second Dist., Div. One. May 12, 1958. Walter M. Rheinschild for Appellant. Henry J. Sullivan for Respondent. WHITE, P. J. Plaintiff husband appeals from the order vacating and setting aside a judgment annulling his marriage to the defendant. The judgment was ...
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160 Cal.App.2d 321 (1958) BILL TOSTEVIN, Appellant, v. JACK DOUGLAS et al., Respondents. Civ. No. 22958. California Court of Appeals. Second Dist., Div. One. May 12, 1958. Arthur M. Applebaum for Appellant. I. B. Kornblum and David H. Kornblum for Respondents. LILLIE, J. This is an appeal from a judgment of dismissal following an order granting a motion to strike plaintiff's third amended ...
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Several appeals are presented together in this court and cause. Of primary importance is the one taken from an order refusing to admit to probate a holographic document made by decedent, Ethel May Kuttler, on February 16, 1956. Decedent died a widow on February 28, 1956, leaving three grandchildren as her sole heirs; two brothers and a sister survived her, as did Earl Hayter to whom she was engage...
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160 Cal. App. 2d 355 (1958) REXFORD GREENE et al., Respondents, v. AUGUST M. COLBURN et al., Appellants. Civ. No. 22622. California Court of Appeals. Second Dist., Div. Three. May 12, 1958. Gray, Glass, Allen & Ransom for Appellants. Floyd H. King for Respondents. VALLEE, J. Appeal by defendants from a judgment decreeing plaintiffs are the owners in fee simple of certain realty subject...
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160 Cal.App.2d 359 (1958) 324 P.2d 936 JAMES N. ROUTH, Appellant, v. PALM OIL COMPANY (a Corporation) et al., Respondents. Docket No. 22641. Court of Appeals of California, Second District, Division Three. May 12, 1958. *360 Theodore G. Lee for Appellant. Robert E. Krause for Respondents. VALLÉE, J. Appeal by plaintiff from a judgment for defendants in an action for money. The complaint alleges t...
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160 Cal. App. 2d 362 (1958) THE PEOPLE, Respondent, v. IGNACIO MARQUEZ, Appellant. Crim. No. 5993. California Court of Appeals. Second Dist., Div. Three. May 12, 1958. Forno & Umann and Harry M. Umann for Appellant. Edmund G. Brown, Attorney General, and Albert Bianchi, Deputy Attorney General, for Respondent. WOOD (Parker), J. Defendant was charged with the unlawful sale of heroin in viol...
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In a jury trial, Wallace LeRoy Schiers was convicted of the second degree murder of his wife, Lillian R. Schiers. He appeals from the judgment and the denial of his motion for new trial. The conviction was based upon evidence of the following facts: Mr. and Mrs. Schiers were married in 1952. They resided in a single-story two bedroom house in Granada Hills. Defendant, a major in the air force rese...
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160 Cal. App. 2d 386 (1958) WILLIAM T. CRESPINEL, Respondent, v. COLOR CORPORATION OF AMERICA (a Corporation), Appellant. Civ. No. 22747. California Court of Appeals. Second Dist., Div. One. May 13, 1958. Irving A. Bernstein for Appellant. Bauder, Gilbert, Thompson & Kelly and Gilbert, Thompson & Kelly for Respondent. FOURT, J. This is an appeal from a judgment for plaintiff in an ...
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Defendants appeal from a judgment against them in favor of the widow and three minor children of Burl Donald Barnes, who died instantaneously as the result of injuries received by him when he was crushed between the front end of the truck he had been driving and the back of defendants’ trailer. Decedent and defendant Rockhold were each driving a semi-truck and trailer east from California. Before ...
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160 Cal. App. 2d 397 (1958) NORMAN NATHAN GRAND et al., Petitioners and Appellants; NELLIE GRAND, Respondent, v. F. W. GRIESINGER, as Real Estate Commissioner, etc., et al., Defendants and Appellants. Civ. No. 22540. California Court of Appeals. Second Dist., Div. Two. May 13, 1958. Francis C. Jones for Petitioners and Appellants. Edmund G. Brown, Attorney General, and Lee B. Stanton, Deputy...
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160 Cal. App. 2d 412 (1958) THE PEOPLE, Respondent, v. GEORGE EDWARD LOIGNON, Appellant. Crim. Nos. 5979, 5980. California Court of Appeals. May 13, 1958. Samuel C. McMorris, under appointment by the District Court of Appeal, for Appellant. Edmund G. Brown, Attorney General, and Ray R. Goldie, Deputy Attorney General, for Respondent. FOX, P. J. Defendant was convicted of violating Penal Code...
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160 Cal. App. 2d 422 (1958) FLORENCE MAE MADDEN, Appellant, v. HARRY WILBUR MADDEN, Respondent. Civ. No. 22603. California Court of Appeals. Second Dist., Div. Three. May 13, 1958. Malvina Goodstein for Appellant. O. Phillips Anderson for Respondent. VALLEE, J. This is an action for divorce. In the interlocutory decree the court adjudged that defendant is not the father of a minor child na...
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160 Cal. App. 2d 427 (1958) CITY OF HAYWARD, Respondent, v. MARIAN CECILE MOHR, Appellant. Civ. No. 17800. California Court of Appeals. First Dist., Div. Two. May 14, 1958. Harold D. Mefford for Appellant. John W. Scanlon, City Attorney, and Breed, Robinson & Stewart for Respondent. BRAZIL, J. pro tem. [fn. *] Appellant, Mrs. Mohr, is the owner of a 108-acre parcel of land just south ...
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The executors of the will of Edith Louise Jarman, deceased, filed a petition in the probate court, pursuant to the provisions of section 588 of the Probate Code, for instructions concerning the payment for legal services by appellant Machado and for investigative services by appellant Ward. The appellants had performed services for the estate in connection with a protracted law suit tried in the s...
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160 Cal. App. 2d 437 (1958) H. W. BESEMAN, Petitioner and Appellant, v. LUCIEN A. REMY et al., as Members of the Board of Trustees of the Marin Junior College District et al., Respondents and Appellants; and five consolidated cases. [fn. *] Civ. No. 17844. California Court of Appeals. First Dist., Div. Two. May 14, 1958. Joseph Genser for Petitioner and Appellant. Leland H. Jordan, County C...
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160 Cal. App. 2d 446 (1958) THE PEOPLE, Respondent, v. ROBERT HAMILTON McNEAL, JR., Appellant. Crim. No. 3386. California Court of Appeals. First Dist., Div. Two. May 14, 1958. John J. Taheny and Joseph A. Bonacina for Appellant. McCutchen, Thomas, Matthew, Griffiths & Greene, Brent M. Abel and Arthur R. Albrecht, as Amici Curiae on behalf of Appellant. Edmund G. Brown, Attorney General...
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160 Cal. App. 2d 454 (1958) In re AL ADAMS, on Habeas Corpus. Crim. No. 3524. California Court of Appeals. First Dist., Div. Two. May 14, 1958. Edward T. Mancuso, Public Defender (San Francisco), and Joseph G. Kennedy, Deputy Public Defender, for Petitioner. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Arlo E. Smith, Deputy Attorney General, and Thomas C. ...
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160 Cal. App. 2d 456 (1958) COUNTY OF YUBA, Respondent, v. JOHN H. MATTOON et al., Appellants. Civ. No. 9225. California Court of Appeals. Third Dist. May 14, 1958. Manwell & Manwell for Appellants. Joseph L. Heenan and Francis M. Arnoldy for Respondent. PEEK, J. Defendants appeal from a judgment in favor of plaintiff in the sum of $1,400 for rent and $150 for damages. It appears that pla...
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160 Cal. App. 2d 460 (1958) JOHN GUTTINGER et al., Appellants, v. CALAVERAS CEMENT COMPANY (a Corporation), Respondent. Civ. No. 9278. California Court of Appeals. Third Dist. May 14, 1958. Jones, Lane, Weaver & Daley and Neal W. McCrory for Appellants. Wallace, Garrison, Norton & Ray and Huberty & Huberty for Respondent. PEEK, J. Plaintiffs sought to recover damages alleged to...
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160 Cal.App.2d 464 (1958) THE PEOPLE, Respondent, v. HARTER PACKING COMPANY (a Corporation), Appellant. Civ. No. 9308. California Court of Appeals. Third Dist. May 14, 1958. Weis & Weis and Steel & Arostegui for Appellant. Edmund G. Brown, Attorney General, Paul M. Joseph and John E. Fourt, Deputy Attorneys General, for Respondent. SCHOTTKY, J. Harter Packing Company, a processor o...
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160 Cal. App. 2d 471 (1958) 325 P.2d 648 FRED E. KEELER et al., Appellants, v. LEON HAKY et al., Respondents. Docket No. 22825. Court of Appeals of California, Second District, Division One. May 15, 1958. *473 L. Dean Petty and Jean Wunderlich for Appellants. John E. Sisson and Guy T. Graves for Respondents. LILLIE, J. An action for declaratory relief, injunction and damages was brought by plaint...
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160 Cal.App.2d 481 (1958) 325 P.2d 587 N.E. YOUNGBLOOD, Appellant, v. CITY OF LOS ANGELES et al., Respondents. Docket No. 22560. Court of Appeals of California, Second District, Division Two. May 15, 1958. *484 N.E. Youngblood, in pro. per., and Marvin Gross for Appellant. Roger Arnebergh, City Attorney, Bourke Jones, Assistant City Attorney, Joseph N. Owen, William E. Still and Weldon S. Weber, ...
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160 Cal. App. 2d 494 (1958) THE PEOPLE et al., Appellants, v. CITY OF LOS ANGELES, Respondent. Civ. No. 22450. California Court of Appeals. Second Dist., Div. Three. May 15, 1958. Walter N. Anderson, City Attorney (Manhattan Beach), Edwin I. Searle and Dryden, Harrington, Horgan & Swartz for Appellants. *499 Roger Arnebergh, City Attorney, Bourke Jones and John L. Flynn, Assistant City A...
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160 Cal. App. 2d 511 (1958) FRANK LINDNER, Appellant, v. HYMAN FRIEDNASH, Respondent. Civ. No. 22533. California Court of Appeals. Second Dist., Div. Three. May 15, 1958. Smallpage & Willis, Hill, Farrer & Burrill, Lafayette J. Smallpage and Carl M. Gould for Appellant. Benjamin T. Weinstein and McLaughlin & Casey for Respondent. *514 PATROSSO, J. pro tem. [fn. *] Plaintiff as...
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160 Cal.App.2d 524 (1958) J. L. PRICE et al., Appellants, v. EARLE M. BRIGGS et al., Respondents. Civ. No. 9293. California Court of Appeals. Third Dist. May 15, 1958. L. C. Smith for Appellants. Larimer & Frost for Respondents. VAN DYKE, P. J. This is an appeal from a judgment based upon an order sustaining a demurrer to a second amended complaint without leave to amend. Plaintiffs, who ...
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160 Cal. App. 2d 528 (1958) THE PEOPLE, Respondent, v. RALPH LEONARD PILGRIM, Appellant. Crim. No. 2801. California Court of Appeals. Third Dist. May 15, 1958. Richard H. Hoffelt, under appointment by the District Court of Appeal, for Appellant. Edmund G. Brown, Attorney General, G. A. Strader, Deputy Attorney General, and Philip B. Lynch, District Attorney, for Respondent. PEEK, Acting P. ...
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It is alleged in a verified complaint in this action to quiet title to the Snowflake Lode Mining Claim, also known as the “Lillian Queen,” that plaintiff has been the owner thereof and defendants claim and assert some interest therein ■ that on January 29, 1957, two of the defendants wrongfully and without the consent of plaintiff entered upon and took possession of said claim and constructed a ga...
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Defendant-appellant was convicted by a jury of armed robbery (violation of Pen. Code, § 211a) and of assault with a deadly weapon, a lesser offense included in the charge of assault with the intent to commit murder (violation of Pen. Code, §217). He admitted one prior felony conviction (robbery, second degree). He was sentenced to state’s prison on the first charge and appeals from the judgment. T...
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160 Cal. App. 2d 538 (1958) THE PEOPLE, Respondent, v. SAM GARZA, Appellant. Crim. No. 6072. California Court of Appeals. Second Dist., Div. Two. May 16, 1958. Floyd H. Schenk for Appellant. Edmund G. Brown, Attorney General, and Ray R. Goldie, Deputy Attorney General, for Respondent. ASHBURN, J. Convicted of three charges of selling a preparation of heroin (Health & Saf. Code, 11500)...
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Defendant was convicted, in a non-jury trial, of violating subdivision 2 of section 337a of the Penal Code (occupying an apartment with paraphernalia for the purpose of recording bets on horse races) and was convicted of violating subdivision 4 of said section (recording bets on horse races). Proceedings were suspended and probation was granted. Defendant appeals from “the judgment” and the order ...
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160 Cal. App. 2d 552 (1958) Estate of ADOLPH H. ANDERSON, Deceased. MABEL M. BRUYN et al., Appellants, v. H. G. MALM, as Vice Consul for the Kingdom of Sweden, etc., et al., Respondents. Civ. No. 5812. California Court of Appeals. Fourth Dist. May 16, 1958. Robert B. Burch, Jr., and Davies & Burch for Appellants. Brooks Crabtree and Crabtree & Lindsley for Respondents. GRIFFIN, J. ...
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160 Cal. App. 2d 560 (1958) THE MOST WORSHIPFUL SONS OF LIGHT GRAND LODGE, ANCIENT FREE AND ACCEPTED MASONS (a Nonprofit Corporation) et al., Respondents, v. SONS OF LIGHT LODGE NUMBER 9 (a Nonprofit Corporation) et al., Appellants. Civ. No. 17558. California Court of Appeals. First Dist., Div. One. May 19, 1958. Sol A. Abrams, Anthony E. O'Brien and Bernheim, Sugarman & Gilbert for Appel...
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160 Cal. App. 2d 570 (1958) FLOSSIE WINSTON, Appellant, v. ROSE HANSELL, Respondent. Civ. No. 17707. California Court of Appeals. First Dist., Div. One. May 19, 1958. George P. Finnegan for Appellant. W. Martin Tellegen and Hall, Henry, Oliver & McReavy for Respondent. PETERS, P. J. Plaintiff, Flossie Winston, in a second amended complaint, attempted to state a cause of action against ...
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160 Cal. App. 2d 577 (1958) 325 P.2d 224 JENNIE PARODI, Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Respondent. Docket No. 17710. Court of Appeals of California, First District, Division One. May 19, 1958. *578 Sidney N. Brandis and John H. Brill for Appellant. Dion R. Holm, City Attorney, and Agnes O'Brien Smith, Deputy City Attorney, for Respondent. BRAY, J. Plaintiff appeals from a judgmen...
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160 Cal.App.2d 584 (1958) 325 P.2d 113 Estate of FLORENCE ELIZABETH HEWITT, Deceased. ETHEL MARY PEAK, Appellant, v. ROBERT M. McGROUTHER, as Administrator With the Will Annexed, etc., Respondent. Docket No. 17921. Court of Appeals of California, First District, Division One. May 19, 1958. *585 Ethel Mary Peak, in pro. per., for Appellant. O'Gara and O'Gara for Respondent. PETERS, P.J. On January...
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On January 22, 1957, Florence E. Hewitt died, testate, leaving as her sole heirs her niece and nephew Ethel Peak and Percival Myers, brother and sister. Both filed petitions for letters of administration with the will annexed. After Myers had filed, and before Ethel Peak had filed, the probate court on February 13, 1957, on the ex parte application of Myers, appointed him special administrator. On...
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160 Cal. App. 2d 589 (1958) THE PEOPLE, Respondent, v. HIRAM MIMS, Appellant. Crim. No. 3437. California Court of Appeals. First Dist., Div. One. May 19, 1958. Wallace G. Colthurst, under appointment by the District Court of Appeal, for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Peter T. Kennedy, Deputy Attorney General, for Respondent. P...
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This mandamus proceeding concerns the effect of the statutory time limits upon revision of assessments by the supervisors, sitting as a board of equalization. The dispute is among county officials only. No affected taxpayér is a party, nor does the record show whether the attempted revisions were upward or downward. Neither party purports to represent the pecuniary interest of any taxpayer. Only t...
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The appellant, Lonnie Khans was charged by indictment with the murder of Mattie Cagler. Two prior murder convictions were also charged. The public defender was appointed to represent the appellant. On December 3, 1956, appellant entered a plea of not guilty and not guilty by reason of insanity, and admitted the prior convictions. The psychiatrists appointed to examine the appellant, concluded that...
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160 Cal.App.2d 606 (1958) THE PEOPLE, Respondent, v. HUBERT WILSON, Appellant. Crim. No. 3443. California Court of Appeals. First Dist., Div. Two. May 19, 1958. Philip L. Evans, under appointment by the District Court of Appeal, for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Peter T. Kennedy, Deputy Attorney General, for Respondent. KAUFM...
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160 Cal. App. 2d 609 (1958) A. ARTHUR MESCHINI, Appellant v. GUY F. ATKINSON COMPANY (a Corporation) et al., Respondents. Civ. No. 9159. California Court of Appeals. Third Dist. May 19, 1958. C. Ray Robinson, Donald E. Oren and Angell & Adams for Appellant. Stammer, McKnight & Barnum for Respondents. PEEK, J. This is an action to recover damages for personal injuries sustained as t...
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Defendant appeals from a judgment arising out of an action instituted by plaintiffs under the provisions of section 720 of the Code of Civil Procedure. The facts are not in dispute. On December 20, 1954, plaintiffs recovered a money judgment in the sum of $4,250 and *618costs against Howard and Sam Neilsen, a partnership “doing business as • Neilsens Mill. On July 6, 1956, the partners assigned al...
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160 Cal.App.2d 620 (1958) ROY C. KAISER et al., Appellants, v. MARGARET MANSFIELD, Defendant and Respondent; CLARA HOLECHECK, Intervener and Respondent. Civ. No. 5658. California Court of Appeals. Fourth Dist. May 19, 1958. Roy C. Kaiser, in pro. per., and Roland T. Williams for Appellants. Thomas A. Wood, Larwill & Wolfe and Borton, Petrini, Conron & Brown for Respondents. BARNARD, P. J. ...
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160 Cal. App. 2d 631 (1958) CLIFFORD B. CASSIN et al., Respondents, v. FINANCIAL INDEMNITY COMPANY (a Corporation), Appellant. Civ. No. 17050. California Court of Appeals. First Dist., Div. One. May 20, 1958. Theodore Tamba and Franklin A. Plank for Appellant. Mullally & Wines for Respondents. WOOD (Fred B.), J. Plaintiffs brought this action upon an automobile liability insurance poli...
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160 Cal. App. 2d 640 (1958) BEN NEWMARKER et al., Appellants, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (a Corporation), Respondent. Civ. No. 17686. California Court of Appeals. First Dist., Div. Two. May 20, 1958. Smith & Parrish for Appellants. James H. Phillips, as Amicus Curiae on behalf of Appellants. Thomas J. Cunningham, John P. Sparrow and John E. Landon for Respondent. KA...
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This is an appeal from an order of the superior court denying a petition for a writ of prohibition. Appellant, petitioner below, was convicted in the justice court of the Lompoc Judicial District of a violation of section 270 of the Penal Code (failure to provide for a minor child) and was sentenced to serve 90 days in the Santa Barbara county jail. Fifteen months after that sentence was pronounce...
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160 Cal. App. 2d 652 (1958) THE PEOPLE, Respondent, v. THEODORE PETE WHITSETT, Appellant. Crim. No. 6146. California Court of Appeals. Second Dist., Div. Two. May 20, 1958. H. Clay Jacke for Appellant. Edmund G. Brown, Attorney General, and Joe J. Yasaki, Deputy Attorney General, for Respondent. *654 FOX, P. J. Defendant was charged with violating Vehicle Code, section 480, in that on May ...
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160 Cal. App. 2d 658 (1958) 325 P.2d 601 CY MILLER et al., Appellants, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL et al., Respondents. Docket No. 22473. Court of Appeals of California, Second District, Division Three. May 20, 1958. *659 Moore, Webster, Lindelof & Hughes and Prentiss Moore for Appellants. Edmund G. Brown, Attorney General, and Edward M. Belasco, Deputy Attorney General, for R...
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160 Cal.App.2d 665 (1958) MAYBELLE B. STEINER, Respondent, v. HAROLD H. STEINER, Appellant. Civ. No. 22530. California Court of Appeals. Second Dist., Div. Three. May 20, 1958. Marcus C. Clark and Clifford H. Clark for Appellant. Everett F. Beesley and Maurice Gordon for Respondent. SHINN, P. J. Action to set aside a deed. After an extended trial, the court made findings and ordered the de...
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160 Cal.App.2d 671 (1958) WILLIAM E. MUIR et al., Appellants, v. NORMAN COTTON GRIER et al., Respondents. Civ. No. 22616. California Court of Appeals. Second Dist., Div. Three. May 20, 1958. Morris Lavine and Hanifin & Hanifin for Appellants. Moss, Lyon & Dunn, Gerold C. Dunn and Henry F. Walker, for Respondents. PATROSSO, J. pro tem. [fn. *] Action for wrongful death. The plaintiffs are ...
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160 Cal.App.2d 680 (1958) MARJORIE B. TASSI, Plaintiff and Appellant, v. EDWIN TASSI et al., Defendants and Appellants. Civ. No. 17358. California Court of Appeals. First Dist., Div. Two. May 21, 1958. Wallace B. Colthurst and Orlando J. Bowman for Plaintiff and Appellant. Stark & Champlin, Franklin C. Stark and John F. Wells for Defendants and Appellants. DOOLING, J. Plaintiff Marjorie Ta...
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160 Cal. App. 2d 693 (1958) THE PEOPLE, Respondent, v. VERA ODMANN et al., Appellants. Crim. No. 3436. California Court of Appeals. First Dist., Div. Two. May 21, 1958. Stanley Odmann, in pro. per., Edward T. Mancuso, Public Defender (San Francisco), and Waldo F. Postel, Jr., Deputy Public Defender, for Appellants. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney Gener...
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160 Cal. App. 2d 700 (1958) In re TRACY LURENE GANO, a Minor. CHESTER E. ANDERSON et al., Respondents, v. DONALD ELMER GANO et al., Appellants. Civ. No. 22604. California Court of Appeals. Second Dist., Div. One. May 21, 1958. Frederick A. Kepka for Appellants. Bentson & Blumberg for Respondents. LILLIE, J. This is an appeal by the natural parents, Donald Elmer Gano and Ila Lurene Gano...
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160 Cal.App.2d 711 (1958) LELAND ROBERT LEWIS, Appellant, v. HERMAN GREENSPUN, Respondent. Civ. No. 22570. California Court of Appeals. Second Dist., Div. Three. May 22, 1958. Herschel E. Champlin for Appellant. William Strong for Respondent. VALLEE, J. Appeal by plaintiff from an order dismissing the action under section 583 of the Code of Civil Procedure. The order was made as to other n...
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160 Cal. App. 2d 718 (1958) MARGARETTE THOMPSON KELLY et al., Appellants, v. JOHNSON PUBLISHING COMPANY, INCORPORATED (a Corporation), Respondent. Civ. No. 22585. California Court of Appeals. Second Dist., Div. Three. May 22, 1958. Wilson, Carter, Flournoy & Matthews and Rafus J. Carter for Appellants. Loeb & Loeb, Allen E. Susman and Sanford M. Ehrmann for Respondent. VALLEE, J. A...
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160 Cal. App. 2d 726 (1958) PATRICK CUNNINGHAM et al., Respondents, v. GOLDSMITH FRYMIRE et al., Appellants. Civ. No. 9389. California Court of Appeals. Third Dist. May 22, 1958. Phil N. Crawford, Hoey, Mannon, Brazier & Bell and Fredric S. Crump for Appellants. Kasch & Cook for Respondents. SCHOTTKY, J. This is an appeal from a judgment ordering partition by sale of certain real property....
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160 Cal. App. 2d 731 (1958) PETER BAGLIONE et al., Appellants, v. JACK B. LEUE et al., Respondents. Civ. No. 9411. California Court of Appeals. Third Dist. May 22, 1958. H. D. Jerrett for Appellants. Hughes, Maul & Fogerty for Respondents. SCHOTTKY, J. Peter Baglione and Marie Baglione appeal from a judgment denying them a mandatory injunction to compel respondents to remove eaves on r...
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160 Cal. App. 2d 736 (1958) THE PEOPLE, Respondent, v. PAUL EUGENE WALKER, Appellant. Crim. No. 1233. California Court of Appeals. Fourth Dist. May 22, 1958. Paul Eugene Walker, in pro. per., and Edward H. Spraker, under appointment by the District Court of Appeal, for Appellant. *738 Edmund G. Brown, Attorney General, and Herschel Elkins, Deputy Attorney General, for Respondent. MUSSELL, J...
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160 Cal. App. 2d 742 (1958) FRED EMERTON, Appellant, v. DEN M. ACRES, Respondent. Civ. No. 17748. California Court of Appeals. First Dist., Div. Two. May 23, 1958. Vizzard, Baker & Sullivan and Rosendale, Thomas & Muller for Appellant. Grunsky & Pybrum and Donald L. Grunsky for Respondent. DOOLING, J. Plaintiff appeals from a judgment for defendant following the verdict of a ju...
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160 Cal.App.2d 745 (1958) 326 P.2d 201 SYLVAN OSCAR TATKIN, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LOS ANGELES COUNTY MEDICAL ASSOCIATION et al., Real Parties in Interest. Docket No. 22953. Court of Appeals of California, Second District, Division Two. May 23, 1958. *747 Wyman & Finell and Marvin Finell for Petitioner. Harold W. Kennedy, County Counsel, and William E...
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Plaintiffs instituted this action against defendants to recover damages for crippling injuries sustained by minor plaintiff Eva Jane Wardrop, in contracting bulbar poliomyelitis from fecally contaminated waters allegedly contained in an open sump in the vicinity of plaintiffs’ home. Prior to trial, the action was dismissed as to all defendants except Harry Barron, Frank A. Barso doing business ...
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160 Cal. App. 2d 797 (1958) THE PEOPLE, Plaintiff and Appellant, v. ONE 1957 FORD 2-DOOR SEDAN, LICENSE NO. CGL 775 et al., Defendants; ASSOCIATES DISCOUNT CORPORATION (a Corporation), Defendant and Appellant. Civ. No. 22854. California Court of Appeals. Second Dist., Div. One. May 26, 1958. Edmund G. Brown, Attorney General, and Carl Boronkay, Deputy Attorney General, for Plaintiff and Appel...
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160 Cal. App. 2d 804 (1958) STEPHEN F. GRANT, a Minor, etc., et al., Respondents, v. FRITZ MUELLER, Appellant. Civ. No. 22992. California Court of Appeals. Second Dist., Div. Two. May 26, 1958. Spray, Gould & Bowers and Robert M. Maslow for Appellant. Fisk & Tyson, Robert M. Fisk and Robert Charles Lutz for Respondents. FOX, P. J. This is an action for damages for personal injuries...
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The above-entitled actions were consolidated for trial only. A separate judgment was rendered in each action. The actions will hereafter be designated by the number that the appeal therein bears in this court. The complaint in each action alleges substantially the same facts and in both actions the plaintiff seeks to recover upon a written contract for attorney’s fees, the right to those f...
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160 Cal. App. 2d 824 (1958) JOHN CARL OWENS, Appellant, v. PARACO, INC. (a Corporation), Respondent. Civ. No. 9287. California Court of Appeals. Third Dist. May 26, 1958. Rowland & Paras for Appellant. Rowell, Lamberson & Thomas, Milo E. Rowell, R. Z. Lamberson and Breckinridge Thomas for Respondent. VAN DYKE, P. J. This is an appeal from an order granting a change of venue from th...
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This is an action to recover the purchase price paid by plaintiff partnership for mining property in Kern County. Plaintiff alleged a common count for money had and received in the sum of $40,000 and the case was tried on that cause of action. Defendants appeal from the judgment rendered in favor of plaintiff and contend that plaintiff failed to comply with the applicable rules of law relating to ...
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The judgment awarded plaintiff $3,100 for royalties due him pursuant to a contract dated August 8, 1941, whereby he granted defendant the right and license to manufacture and sell (with right of assignment and sublicense to others) certain patented devices claimed in a certain patent application, throughout the United States and its territories, dependencies and possessions, for the full term o...
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160 Cal. App. 2d 836 (1958) LEWIS B. FELDMAN, Plaintiff and Appellant, v. LEONARD KATZ et al., Respondents; NELLIE FELDMAN et al., Cross- defendants and Appellants. Civ. No. 22661. California Court of Appeals. Second Dist., Div. Three. May 27, 1958. Louis Thomas Hiller for Appellants. Henry J. Merdink for Respondents. PATROSSO, J. pro. tem. [fn. *] Appeal by plaintiff and cross-defendants...
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This is an appeal from a decree determining heirship. The appellant is Lúcele Brown, a sister of the predeceased wife of the testator and the respondent is Mildred Lucille Brown Popp, a niece of the said predeceased wife. By paragraph Third of his will, the decedent gave, devised and bequeathed the whole of his estate to the wife Nora E. Harris. Paragraph Fourth of the will, with which we are here...
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Petitioner, Darrell L. Graham, seeks a writ of habeas corpus for the purpose of having this court determine whether a judgment entered against him on April 9, 1951, is void. By the judgment petitioner was sentenced to prison for the term prescribed by law on two counts of armed robbery. The counts were ordered to run consecutively. Petitioner was charged by information with two counts of robbery. ...
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Defendant above named was charged by information with two counts of violating section 288 of the Penal Code, each count charging defendant with committing lewd and lascivious acts upon the body of a 12-year-old girl. On July 12, 1957, appellant appeared without counsel for arraignment. The court appointed Deputy Public Defender William Lundgren to represent appellant. Thereupon appel*848lant plead...
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The defendant was charged with the attempted burglary of a building known as the “Right Road Café” on May 13, 1957. He was also charged with prior convictions as follows: first degree robbery in San Bernardino County on June 19, 1927; second degree robbery in Tehama County on November 4,1929; escape in Marin County on May 24, 1935; manslaughter in Sacramento County on July 24, 1939; escape in Lass...
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Defendant appeals from an adverse judgment on a jury verdict awarding plaintiff damages for personal injuries allegedly sustained as a result of plaintiff’s fall while alighting from defendant's streetcar. Plaintiff testified that “ [w]hen I stepped, the first step it was, the street car moved sharply and my feet slipped and I fell down.” It was defendant’s theory that if plaintiff was injured as ...
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