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All Reporters → cal-app-2d → Volume 44

Opinions in cal-app-2d Volume 44

This is an appeal from a judgment awarding certain map books and maps, levied upon by the sheriff of Los Angeles County, to Robert F. Shippee, the third party claimant. It is admitted that both plaintiff and Shippee were creditors of O’Connor, Rice & Barnes, Inc., the former owners and possessors of the books and maps, at the time of their sale to Shippee by the corporation. The only quest...
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Petitioner seeks to annul an order of respondent commission terminating the liability of respondent Fund [State Compensation Insurance Fund] for the payment of further compensation to him from and after March 13, 1940. It is the rule that an order terminating liability for compensation payments should be affirmed if there is any evidence substantially tending to support the finding of the Industri...
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This is an appeal from an order granting respondent’s motion to vacate and set aside a default judgment and all subsequent proceedings against her *15 upon the ground that she had never been served with process and was not in any manner before the court. The plaintiff, who appears in propria persona, filed a complaint in the superior court seeking specific performance of...
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Plaintiff sought damages for personal injuries alleged to have been caused by the wilful misconduct of defendant Martin W. Lory. The cause was tried by the court sitting without a jury and plaintiff had judgment against defendant Martin W. Lory and the parents of said defendant in the sum of $1750. Defendants appeal from said judgment. Defendants’ main contention on this appeal is that the evid...
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This is an appeal from a final judgment that the defendant L’Hommedieu was guilty of the crimes of second degree robbery and of the unlawful possession of a pistol in violation of section 2, chapter 1098, Statutes of 1931, and from the orders of the trial court denying L’Hommedieu’s motion for a new trial and his motion in arrest of judgment. The defendant L’Hommedieu contends that except for cert...
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44 Cal. App. 2d 33 (1941) GEORGE N. FOSTER, Respondent, v. HERMAN FISHER et al., Defendants; W. G. JOHNSON et al., Appellants Civ. No. 12919. California Court of Appeals. Second Dist., Div. Two. April 4, 1941. Henry E. Carter and Emmett A. Tompkins for Appellants. Otto B. Willett for Respondent. WOOD, J. Appellants Day and Johnson have taken this appeal from a judgment in favor of responde...
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This is an appeal from a judgment in favor of plaintiff in the sum of $5,200, interest and costs. The action was brought by her against the administrator of the estate of Robert Hart Overton to recover the reasonable value of services performed as housekeeper and nurse for a period of more than sixteen years immediately preceding the death of decedent, the services being rendered at his special...
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A collision occurred at the intersection of two highways in Merced County, between three automobiles operated respectively by Messrs. Hamm, Fittje and Yoest. Cross suits, based on that accident, were filed by two of the participants in the same court. For the purpose of identity we shall refer to the actions as the Hamm ease and the Fittje suit. A summons was first served in the Fittje suit, whic...
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Plaintiff and appellant brought this action in condemnation. Defendants and respondents demurred generally and specially to the complaint. Their demurrers, identical in form, were sustained. Plaintiff failed to amend. Judgment was entered for defendants. From this judgment plaintiff appealed. The complaint alleges generally that the plaintiff is an irrigation district and that it brings th...
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This appeal is prosecuted from “all decrees, orders and the judgment of dismissal rendered against plaintiff and for defendants” in an action for damages for conspiracy to defraud. In order to state the contentions of appellant, it will be .necessary to quote verbatim her so-called “statement of questions involved”, because of the involved and confused manner in which such contentions are sta...
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On the 8th day of November, 1938, by a majority vote, the electors of the City of Alhambra adopted an initiative ordinance establishing a scale of minimum salaries for members of the city’s police department. The legislative body, known as the commission, of said city, refused to give effect to the provisions of the ordinance, contending that the fixing of minimum salaries for police officers was...
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Petitioner seeks a writ of mandate to compel the respondent superior court to settle, allow and certify a transcript to be used on appeal from a judgment rendered in a partition suit. The action in question was commenced by one Roza Williams against several defendants, including petitioner herein, as owners in common of the real property involved. Also named as defendants were several parties who ...
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Appellant was found guilty by the jury of the crime of manslaughter and appeals from the judgment of conviction which was thereafter entered, and also from the order denying his motion for a new trial. *85The charge upon which appellant was convicted grew out of a beating administered to John William Kinnemann by appellant under the following circumstances: On July 20, 1940, Mrs. Emily W. Dybens w...
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Plaintiff appeals from a judgment dismissing the action following the court’s order sustaining an objection to the introduction of any evidence on the ground that the amended complaint failed to state a cause of action. The action was brought under section 2224 of the Welfare and Institutions Code. By its pleading plaintiff alleged that, commencing July, 1936, and continuing until the time of fili...
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This is an appeal from a judgment in favor of plaintiff in an equitable action for an accounting. In the year 1929, the West American Oil Company, a corporation, the predecessor in interest of the present West American Oil Company, a corporation, defendant herein, and having the same president and controlled by practically the same officers and stockholders, was engaged in drilling an oil well ...
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This is an appeal by plaintiff, taken by means of a bill of exceptions, from separate judgments of nonsuit in favor of each of the defendants, rendered by the trial court sitting without a jury in an action brought to recover damages for the breach of an oil well drilling contract. The judgments were rendered following the sustaining of objections to the introduction of certain evidence offered...
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Mrs. Sarah Schulman, 66 years of age, was struck by a bus owned by defendant corporation and driven by defendant Richards on June 3, 1939. The injuries she received resulted in her death and this action was commenced by her five adult children - to recover damages from defendants. A jury returned a verdict in the sum of $2,500 against defendants, who have appealed from the ensuing judgment. There ...
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This is an appeal from a judgment granting a writ of mandate directing the reinstatement of the petitioner to membership in a Laundry Workers’ Union of Sacramento on the ground that she was illegally expelled and awarding damages against the union for loss of wages amounting to $1761.60. The Laundry Workers’ Union, Local No. 75, is an unincorporated association at Sacramento, auxiliary to ...
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This is ail appeal by defendant from a judgment in favor of plaintiff in an action to recover an amount alleged to be due plaintiff from defendant for maintenance and support under a property settlement agreement. The appeal is taken upon a bill of exceptions and the matter having been submitted to the trial court upon stipulations of fact and a small amount of documentary evidence the bill conta...
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44 Cal. App. 2d 147 (1941) JOHN PACHECO, Appellant, v. FRANK W. CLARK, as Director of Motor Vehicles, etc., et al., Respondents. Civ. No. 6473. California Court of Appeals. Third Dist. April 11, 1941. Mandamus proceeding to compel restoration of a captain in the Highway Patrol to his former position. Joseph Scott and John J. Jones for Appellant. Earl Warren, Attorney-General, and Wilmer W. ...
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Five defendants were convicted of murder in the first degree, the jury recommending life imprisonment. Upon appeal, the judgments entered were modified and the cause was remanded to the trial court with directions to pronounce judgment against each of these defendants as for murder in the second degree. (People v. Cowan, 38 Cal. App. (2d) 231 [101 Pac. (2d) 125].) This was done and three of the...
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The plaintiff, Mazilla Tighe, brought this action for damages against Leong Cheung and his employer Ad Chong, alleging that Leong Cheung negligently collided with her on a sidewalk, as the result of which she sustained personal injuries, and that at the time of the accident he was engaged in performing the duties of his employment. A jury returned a verdict against both defendants for the sum of ...
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To the plaintiff’s second amended complaint the defendant interposed a demurrer. The demurrer was sustained without leave to amend and from the judgment entered thereon the plaintiff has appealed. Plaintiff’s pleading purported to state four different causes of action. First Cause of Action. In her brief the plaintiff states that the first cause of action is one in which she seeks to recove...
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This is a companion ease to the case entitled Smith v. Bliss, No. 11667 [ante, p. 171], this day filed. Except as noted the facts are fully set forth in that case. After the death of Lulu Hannah Coffin, Charles A. Bliss was granted letters testamentary and proceeded to administer her estate. About sixteen months after the death of Mrs. Coffin, Mable Smith, this defendant, appeared and filed the wr...
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Defendants were charged by information with two offenses of robbery. The jury returned a verdict of guilty on both counts and this appeal is from the judgments thereafter entered. Briefly, the evidence reveals that the defendants on the night of May 4th accosted one Robert Gordon and Jeanne Patrick, who were seated in a parked automobile on Riverside Drive, and robbed them, at the point of a gu...
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This is an appeal from a judgment entered in favor of respondent in a mandamus proceeding. H. S. Crocker Company, Inc., respondent, recovered a judgment in the amount of $3,427.33, against the County of Lake, and commenced this mandamus proceeding to compel payment of such judgment. A judgment and peremptory writ of mandate, filed July 30, 1940, ordered and directed that the Board of Supervisors o...
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There are two separate appeals here involved, based upon the same record. Each appellant appeals from an order settling accounts in the Estate of Annie E. Chamberlain, deceased. Objections Avere filed by appellants to said accounts, and after a trial of the issues thus raised, the court overruled said objections. Annie E. Chamberlain died on October 8, 1931, at the age of 87 years. She was...
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Petitioners seek, by writ of review, to annul an order adjudging them guilty of contempt, and fining each of them in the sum of $75. R. H. Strosnider, as plaintiff, and petitioners as defendants, joined issue in an action to establish the existence of a right of way. On April 24, 1940, a judgment was entered therein, embodying the following injunctive relief: “It is hereby ordered, adjudged and...
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In this action each of the parties sought an annulment of their marriage. The parties, both residents of Los Angeles County, went through a marriage ceremony in Tiajuana, Mexico, on November 1, 1937. The defendant was then of the age of 17 years and 7 months, and she did not have the consent of her parents. It appears that they returned immediately to Los Angeles and that they never lived together...
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This is an appeal from a judgment in favor of respondent, who was injured when struck by an automobile being driven by appellant Milton Ponitz and owned by appellant Harry Ponitz, the former being referred to throughout this opinion as appellant. The collision which resulted in serious injuries to respondent occurred shortly before 7 o’clock in the evening of February 14, 1936, on La Brea Avenu...
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This appeal is by defendants from a judgment in plaintiffs’ favor in the total sum of $7,000 for damages resulting from the burning of an alfalfa milling plant. Plaintiff Union Supply and Milling Corporation was the owner of a milling plant used in the manufacture of alfalfa meal through the processing of alfalfa hay. Electricity was furnished by defendants for lighting and power purposes in the o...
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This is an action on a promissory note. In 1931, Van Moore, needing funds to meet an obligation, applied to the plaintiff for a loan. At his request, the defendant Arbaugh signed the note which was given to the plaintiff, as a comaker. It is conceded that the plaintiff knew that Arbaugh received no part of the proceeds of the loan. In 1935, Moore and Arbaugh, as comakers, signed a renewal note, wh...
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This is an appeal by plaintiffs from a judgment of nonsuit in favor of defendants, and from an order denying plaintiffs’ motion for a new trial. The complaint which charged fraud on the part of defendants, through the medium of which one of them was successful in purchasing the stock holdings of plaintiffs in that company, was dismissed as to all but two of the defendants, and it was in favor o...
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This is an appeal from a judgment after a verdict by a jury, and after denial of a motion for a new trial, against the defendants and appellants and in favor of the plaintiff and respondent, and is for personal injuries to the respondent alleged to have been sustained in a collision between two automobiles. The collision occurred on Christmas Eve of 1938 shortly before 6 o’clock when it was dar...
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On April 26, 1939, the plaintiff Arlene Darling, while riding in an automobile which was being driven by the defendant Walter Carter, was injured in a collision. To recover damages for injuries sustained she and her husband commenced this action against Walter Carter, Dreamland Bedding & Upholstering Co., a copartnership, his employer, Jess Ernest Norris who was driving the other automobile, an...
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44 Cal. App. 2d 258 (1941) RUTLAND, EDWARDS & CO. (a Corporation), Respondent, v. PAUL E. COOKE et al., Appellants. Civ. No. 11566. California Court of Appeals. First Dist., Div. Two. April 17, 1941. H. C. Millsap and W. E. Lady for Appellants. Jennings & Belcher for Respondent. NOURSE, P. J. From a judgment in favor of the plaintiff in litigation involving a brokerage account the ...
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The trial court sustained a demurrer to plaintiff’s complaint without leave to amend. Later it entered a judgment that the plaintiff take nothing by this action. From that judgment the plaintiff has appealed. On the 4th day of December, 1938, at a point about one-half mile south of San Benito River bridge, on Highway 101, the plaintiff’s automobile collided with another automobile being dr...
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Else Lackner Reinicke died on March 30, 1937, leaving a will by which her husband George R. Reinicke was given all of her property, with minor exceptions which need not be here detailed. The will was admitted to probate and Mr. Reinicke was appointed administrator with the will annexed. He filed his first account, to which exceptions were filed by appellant J. H. Booge, trustee. This appeal is pr...
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The respondents have moved this court for diminution of the record, under rule XIV of Rules for the Supreme Court and District Courts of Appeal of California, by adding thereto the reporter’s transcript of testimony taken at the trial. The motion is supported by affidavits of the attorneys for the respective parties. The plaintiff appealed from an order of the trial court setting aside a judgment ...
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In this action to recover damages for personal injuries, the jury returned its verdict in favor of plaintiff for the sum of $10,000. From the judgment entered on that verdict, defendants appeal, and contend that the evidence establishes as a matter of law that the injuries suffered by plaintiff were caused by her own negligence, and not by the negligence of defendants. Respondent was employed as a...
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This is an appeal from a judgment of dismissal entered upon an order sustaining respondents’ demurrer to a petition for a writ of mandate, and a refusal to amend. We are convinced the opinion of Judge Peter J. Shields correctly states the facts and the law, and hereby adopt the same as the opinion of this court. *285 By this proceeding in mandamus it is prayed that the petitioner be adjud...
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Defendants and appellants, Philip Pécora, Mary J. Pécora, Joe Pécora and Ace Freight Lines, have taken an appeal from the order of the superior court denying their motion for change of place of trial from Kern County to Los Angeles County. The motions were mado upon affidavits based upon the ground that the change of venue was for the convenience of the witnesses to be called on the trial of the ...
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This is an action for damages arising from a collision between a truck and trailer owned by the plaintiff Schuette and an automobile owned and operated by the defendant. The complaint sets up two causes of action. In the first, the plaintiff Schuette seeks to recover for the damage to his truck and trailer and in the second, the plaintiff Woolley seeks to recover for the destruction of the load of...
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This is an appeal from a judgment entered after plaintiff’s motion for judgment on the pleadings had been granted. It is an appeal in the same case, but by other defendants, as the appeal in the ease of Dos Pueblos Ranch *300& Improvement Co. v. Ellis, 8 Cal. (2d) 617 [67 Pac. (2d) 340], The judgment in that case, entered after plaintiff’s motion for judgment on the pleadings had been granted, can...
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Defendant was found guilty by a jury of a violation of section 288 of the Penal -Code and a violation of section 702 of the Welfare and Institutions Code. He appeals from the judgment of conviction and from the order denying his motion for a new trial. In his briefs, his argument is divided under seventeen numbers but there are no headings showing the nature of the questions to be presented or the...
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Plaintiff brought this action to recover upon a promissory note, executed by defendants, and reading as follows: “Know All Men By These Presents That we, the undersigned, Ruby J. Codding, Ida Jewell D ’Egilbert, George Jewell, and Grace B. Hood, owners or parties in interest of the Hood ranch and personal properties in Batchelor Valley, Lake County, California, are legally indebted to...
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Defendant Howard Automobile Company, hereinafter referred to as Howard, appeals from an order granting the motion of a codefendant, -John C. Binkert, for a new trial to be had by plaintiffs against defendant Howard. The litigation with which we are here concerned was originally instituted by the plaintiffs as the personal representatives of Albert B. Washko, deceased, against Joel Stewart, John...
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44 Cal.App.2d 320 (1941) Estate of HELEN H. SCHAETZEL, Deceased. H. P. BABSON, as Executor, etc., et al., Petitioners and Appellants, v. ELIZABETH COLTON et al., Respondents; NELL C. NICHOLS et al., Legatees and Appellants. Civ. No. 12959. California Court of Appeals. Second Dist., Div. One. April 19, 1941. John C. Goff for Petitioners and Appellants. John J. Irwin and Clarence G. Weisbrod f...
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This is an appeal from a decree by which the probate court ordered interest to be paid to all beneficiaries of a residuary trust to whom money was bequeathed, “from April 7, 1937 (said date being one year after the death of the testatrix) until payment is made to such beneficiaries and each of them.” Paragraph Ninth of decedent’s will provides as follows: “It is my intention that the amounts set o...
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This is an action for a conversion of a V-8 Tractor, a utility semi-trailer, and a GMC truck, based upon the unlawful re-possession thereof by defendant finance company. Some time prior to July 1, 1937, plaintiffs were purchasing, under conditional contracts, the tractor and the GMC truck. On May 11, 1937, plaintiffs, being the owners of the utility trailer, executed a chattel mortgage thereon in ...
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44 Cal. App. 2d 332 (1941) ADA LEA CHRISTIANSEN, as Administratrix, etc., Respondent, v. HARRY HOLLINGS, Appellant. Civ. No. 11406. California Court of Appeals. First Dist., Div. One. April 21, 1941. Hadsell, Sweet, Ingalls & Lamb for Appellant. Arthur Joel and James Martin MacInnis for Respondent. PETERS, P. J. Plaintiff, as administratrix of the estate of her husband, brought this ac...
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In a trial before a jury plaintiff had a verdict for $6,000 for damages for injuries arising out of a collision of two motor vehicles—one operated by plaintiff, the other by defendant Davis in the course of his employment by his codefendant. The trial court denied defendants’ motions for a nonsuit, a directed verdict, and for a new trial. *350 In denying the latter motion the trial court reduce...
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44 Cal. App. 2d 351 (1941) MONTEREY CLUB et al., Petitioners, v. SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 13030. California Court of Appeals. Second Dist., Div. One. April 21, 1941. Samuel L. Rummel and Arthur Mohr for Petitioners. J. H. O'Connor, County Counsel, Douglas De Coster, Deputy County Counsel; John F. Dockweiler, District Attorney, and Thomas F. O'Brien, ...
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44 Cal. App. 2d 356 (1941) CLARA R. BARLOW et al., Respondents, v. GEORGE B. CROME et al., Appellants. Civ. No. 2613. California Court of Appeals. Fourth Dist. April 21, 1941. ChaS.E. R. Fulcher, Borton, Petrini, Conron & Borton for Appellants. Edward West for Respondents. GRIFFIN, J. This is an action arising out of an automobile collision wherein the plaintiff Clara R. Barlow sought ...
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44 Cal. App. 2d 362 (1941) THERESA LEE, Appellant, v. MARY J. DAWSON et al., Respondents. Civ. No. 11435. California Court of Appeals. First Dist., Div. One. April 22, 1941. John H. Crabbe and Laurel W. Streiff for Appellant. R. L. Husted for Respondent Minnie Coburn. PETERS, P. J. Plaintiff brought this action to recover damages for personal injuries received when she fell down a flight o...
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This is an appeal by plaintiff from a judgment in favor of defendant in an action in which damages in the sum of $7,551.15 were sought. The complaint alleged that, as the result of a fraudulent scheme and plan on the part of defendant in connection with a creditor’s claim filed by him as attorney for plaintiff against an estate, he omitted therefrom facts which if established would have estoppe...
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Kathryn Fenton, the widow of Lowell Del Fenton, deceased, seeks by means of a writ of certiorari to. reverse an order of the Industrial Accident Commission refusing to allow compensation for the death of her husband which resulted from a railroad crossing casualty while he was engaged in investigating applications for relief in behalf of the California State Relief Administration. ...
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The plaintiff, Elmer W. Coy, a customer of the Oakland office of the brokerage firm of E. F. Hutton & Company, brought this action for the recovery of damages on account of the sale of corporate stock which the firm had purchased for plaintiff and held pursuant to a customer's agreement. Judgment was entered in favor of defendants, and plaintiff appeals. The complaint contained two counts....
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This is an appeal by plaintiff from a judgment decreeing that she take nothing by her action. The suit was brought to recover damages for personal injuries suffered by her as the result of an automobile accident attributable, as the court found, to defendant’s negligence in the construction and maintenance of a highway. The ground on which the trial court denied the relief sought is the failure...
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44 Cal. App. 2d 399 (1941) DEL REY REALTY COMPANY (a Corporation), Appellant, v. CHARLES W. FOURL, Respondent. Civ. No. 11563. California Court of Appeals. First Dist., Div. Two. April 23, 1941. William P. Mealey for Appellant. Charles W. Fourl, in pro. per., for Respondent. SPENCE, J. Plaintiff, as assignee of certain rights of the Adriatic Corporation under an instrument dated September ...
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Plaintiff brought this action seeking an injunction. Defendants demurred to the amended complaint and their demurrer was sustained without leave to amend. Judgment was thereupon entered in favor of defendants and from said judgment, plaintiff appeals. This controversy arose out of the determination of the Board of Supervisors of the City and County of San Francisco to reduce the width of the si...
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Plaintiffs appeal from a judgment of non-suit in an action for damages for personal injuries sustained while riding as guests with defendant in her automobile. About 2 o’clock A. M., on February 3, 1939, defendant drove her Terraplane coupe, accompanied by her two guests, the plaintiffs Rose Katz and Mrs. Sophronia Ray, upon a wide, paved boulevard some five miles east of Brawley. The weather was ...
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This is an appeal upon the judgment roll. The court below dismissed the action as to defendants in their individual capacities but awarded plaintiffs the sum of $862 against defendants in their capacity as executors of the estate of Allen R. Ratterree, deceased. The complaint set forth three causes of action, the first of which was a common count on quantum meruit in the sum of ...
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Plaintiffs appeal “from a judgment for defendant, George W. Nowlin, after order sustaining demurrer to the third amended complaint without leave to amend. ’ ’ The sole question for determination is whether the landlord is liable for damages resulting from the death of a six year old child drowned in a pool upon the premises operated by Nowlin’s lessees. After three successive pleading...
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44 Cal.App.2d 417 (1941) THE PEOPLE, Respondent, v. R. HERVEY ANGIER, Appellant. Crim. No. 3431. California Court of Appeals. Second Dist., Div. Two. April 23, 1941. Gladys Towles Root for Appellant. Earl Warren, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. MOORE, P. J. Appellant was accused by information with a violation of section 288a of the Penal Code. ...
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Appellant was accused by information of the district attorney of eleven felonies. By counts 1, 4, 7 and 10, he was charged with statutory rape, and was convicted of attempted rape under all four counts. By counts 2, 3, 6 and 9, he was accused of violating section 288 of the Penal Code and was convicted on those four counts. By counts 5, 8 and 11, he was accused of incest but of these he was acqui...
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Plaintiffs, husband and wife, brought this action to recover from defendant insurance company the amount of a judgment secured by them against a policyholder of defendant company, which judgment had not been paid by the assured. The trial court held that under the terms of the policy the defendant company had already paid on behalf of the assured to the plaintiffs the total amount required by the...
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This is an appeal from a judgment entered in favor of respondent, George L. Baldwin, in an action brought by the widow and minor children of Cleo Francis Ross to recover damages for his wrongful death by reason of the alleged negligence of the said respondent. It was consolidated for trial and tried upon the same evidence with an action brought by said respondent against the Davis Perfection Brea...
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From a judgment entered upon a jury verdict in their favor, in the sum of $100, plaintiffs appeal. They claim that this judgment is contrary to the evidence and insufficiently supported in view of damages proven. The suit was brought by Irma Weiskopf, a minor eighteen years old, through her father, David W. Weiskopf, as her guardian ad litem, David joining as a plaintiff in his own behalf. ...
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This appeal, presented on the judgment roll alone, is prosecuted from a judgment of dismissal which was entered on February 8, 1939, after the trial court had sustained respondents’ amended demurrer to the amendment to the amended complaint herein without leave to amend, and also denied appellants’ motion for leave to further amend said complaint. The action was commenced on October 31, 1935, to r...
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The Superior Court of 'the County of Los Angeles, acting upon the petition of appellant, refused to grant a writ of mandate commanding the respondents, officers of the Department of Motor Vehicles of the State of California, to issue certificates of junk for four motor vehicles which appellant had acquired; hence this appeal. Section 235 of the Vehicle Code, as amended in 1939, reads as follows: “...
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This is an appeal on the judgment roll from a judgment denying any relief to petitioner, a retired member of the City Employees’ Retirement System of the City of Los Angeles, who sought a writ of mandate to compel the respondents to calculate the amount of his retirement allowance in the manner for which he contends as opposed to the method so far used in other similar cases by respondent. The tr...
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This is an appeal by defendant from a judgment in favor of plaintiff after trial before the court without a jury in an action to rescind a transaction whereby plaintiff purchased certain real property from defendant. These are the facts so far as material here: Defendant owned two residential lots in Alhambra, California. These lots, as defendant knew, had been filled with *454 debris in 19...
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This appeal involves two separate actions brought against appellants Western Truck Line, a corporation, hereinafter called the corporation, and its employee, Rudolph Maurin, as defendants, which actions were consolidated for trial. The evidence introduced at the consolidated trial is applicable to both actions, .with the exception of the evidence relating to the measure of damages. These a...
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This is an action to quiet title to certain real and personal property commenced by plaintiff and appellant Avril Walker against defendant and respondent Laugharn, as trustee in bankruptcy of Dr. R. H. Gerber, a bankrupt. Respondent answered • and also filed a cross-complaint alleging that the purchase and assignment to appellant of the property involved was made to hinder, delay and defraud the c...
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This is an appeal by defendant from a judgment in the sum of $4,800, together with interest, $500 counsel fees, costs and disbursements. The action arose in connection with an unpaid balance due plaintiff under a property settlement agreement in which defendant obligated himself to pay her the sum of $150 a month until a total of $9,000 had been paid. Plaintiff and defendant married on Septembe...
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In an information filed by the District Attorney of Los Angeles County, appellants and one Thaddeus F. Fuller were accused of three counts of rape, one count of robbery, and one count of kidnaping for the purpose of robbery. Following not guilty pleas by all defendants to all counts and a jury trial, the two appellants herein were found guilty on two counts of rape and not guilty of the crimes of...
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This is an action by the heirs of Thomas Goughian and the administrator of his estate to recover certain money and property which had formerly been owned by the deceased, but which at the time of his death stood in the *492name of Goughian and the defendant as joint tenants, with the right of survivorship. Early in 1934, Goughian went to a hospital and later to a sanitarium where he died on Octobe...
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Plaintiff brought this action to quiet her title to an easement of way fourteen feet wide over defendant’s property. An interlocutory judgment was entered awarding plaintiff a right of way over the west eight feet of Veda M. Petitfils ’ property and decreeing that as soon as defendant cleared that eight feet of obstruction to travel, plaintiff’s right to the use of the fourteen feet she claimed...
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44 Cal. App. 2d 503 (1941) GWYNN CAREY et al., Appellants, v. CITY OF OAKLAND (a Municipal Corporation), Respondent. Civ. No. 11416. California Court of Appeals. First Dist., Div. One. April 28, 1941. C. M. Walters and Elson L. Jones for Appellants. Hagar, Crosby & Crosby and F. Bert Fernhoff, City Attorney, for Respondent. KNIGHT, J. The plaintiffs, Gwynn and Marie Carey, husband and ...
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The petitioner seeks to annul an award of the Industrial Accident Commission against him, and to *512 reverse the order relieving the Pacific Indemnity Company from liability on account of personal injuries received by a workman in his employ. The workman, George Walsh, was employed by the petitioner in a logging enterprise in Siskiyou County when a dead limb fell from a tree and s...
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The widow and minor children of John Glavich, deceased, seek by means of certiorari to reverse the order of the Industrial Accident Commission disallowing compensation claimed by them for death benefit and funeral expenses under the provisions of section 4701 of the Labor Code. The claim was denied on the ground that it is barred by the failure of the workman to present his demand for compensation...
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A property settlement agreement was entered into between respondent and appellant, which contract recited that an action for divorce had been filed by respondent, and that said parties had agreed upon a mutual property settlement of every kind and nature pertaining to property belonging to them, or either of them. After some specific provisions with reference to different properties the agreement...
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Petitioners were found guilty by a jury in the Police Court of Stockton, of a violation of section 87 of the Penal Code. Judgments were duly entered as to each, that they should be confined in the county jail for one hundred eighty days on Count One, and one hundred eighty days on Count Two of the complaint, pay a fine of $250 on the Third Count, and $250 on the Fourth Count. Upon appeal to the s...
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This is an appeal from a judgment directing that a peremptory writ of mandate issue requiring respondent and appellant W. B. Parker, as Director of Agriculture of the State of California, to issue to the petitioner and respondent herein licenses to act as a produce dealer and broker under the provisions of chapter 6, division VI of the Agricultural Code. The matter was presented to the tri...
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This is an appeal by plaintiffs and appellants from a judgment in favor of the defendant Pacific Southwest Discount Corporation, respondent herein. The complaint alleged breach of contract and prayed for judgment in the sum of $5,057.59, with interest. Plaintiffs also set up a cause of action for declaratory relief which the court denied for the obvious reason that its findings to the effe...
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44 Cal. App. 2d 561 (1941) A. W. HJORTH et al., Respondents, v. SAM BERNSTEIN, Appellant. Civ. No. 2643. California Court of Appeals. Fourth Dist. April 28, 1941. Abe Richman for Appellant. Hansen & Cope for Respondents. CONWAY, J., pro tem. Plaintiffs commenced an action against defendants for rescission of a contract for the purchase of an oil royalty upon the ground of fraud, and in...
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44 Cal. App. 2d 566 (1941) SOLOMON FELDESMAN, Appellant, v. WALTER McGOVERN, Respondent. Civ. No. 11391. California Court of Appeals. First Dist., Div. One. April 29, 1941. Harry L. Meyers and George Olshausen for Appellant. Keyes & Erskine and Douglas M. Moore for Respondent. KNIGHT, J. This is an action by a client against his attorneys for damages, based on allegations to the effect...
Views: 17
Appellant was charged in an information with the crime of robbery, together with a prior conviction of felony. At the trial appellant appeared in propria persona and was found guilty as charged, the jury fixing the crime as robbery in the second degree. This appeal is prosecuted from the judgment of conviction and from the order by which appellant’s motion for a new trial was denied, upon the g...
Views: 19
Section 4005b of the Political Code provides in part that whenever the board of supervisors shall, without authority of law, order any money paid as salary, fees, or for any other purposes, and such money shall have been actually paid, it is the duty of the district attorney to institute suit in the name of the county against such person or persons to recover the money so paid and 20 per cent dama...
Views: 0
This is an appeal by the County First National Bank, assignee of the interest of John J. O’Neill in the Estate of Frank O’Neill of which he was formerly administrator. The appeal, taken on the judgment roll, is from the Decree of Settlement of Third Supplemental and Final Account and Decree of Final Distribution wherein it was held that appellant was not entitled to share in the estate. The basis ...
Views: 1
44 Cal.App.2d 599 (1941) ARTHUR BRIGHAM ROSE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 13109. California Court of Appeals. Second Dist., Div. One. April 30, 1941. A. Brigham Rose, in pro. per. WHITE, J. [1] I vote to deny the petition, primarily on the reasoning and holding in C. S. Smith Metropolitan Market v. Superior Court, 16 Cal.2d 226 [105 ...
Views: 7
Ernest and Perry Sanders, as executors of the last will of their grandfather, William H. Sanders, deceased, brought this suit in equity against Margaret E. Sanders, widow of the deceased, and her children by a former marriage, to have property claimed by Margaret E. Sanders as surviving joint tenant, declared the property of the estate and subject to administration. A complaint in intervention wa...
Views: 0
44 Cal. App. 2d 615 (1941) MABEL SCOTT HENDERSON, as Administratrix, etc., Appellant, v. OAKES-WATERMAN, BUILDERS (a Co-partnership) et al., Respondents. Civ. No. 12918. California Court of Appeals. Second Dist., Div. One. May 1, 1941. William H. Haupt for Appellant. Gordon Lawson and Samuel M. Garroway for Respondents. *616 DESMOND, J., pro tem. This is an appeal from a judgment which the...
Views: 3
Appellant was indicted, tried and convicted on two charges of perjury, two charges of offering false evidence and two charges of preparing false evidence. On August 30, 1939, two complaints were filed in the municipal court of San Francisco, each charging the defendant with having violated section 1-d of the State Narcotic Act (Deering’s Gen. Laws, Act No. 5323) which provided that any doctor a...
Views: 15
By means of certiorari, Alva 0 ’Hare, the widow of James Matthias O’Hare, deceased, seeks to review the order of the Industrial Accident Commission, denying her application for compensation on account of the death of her husband as a result of lead poisoning alleged to have been incurred in the course of his employment with the Mc-Clatchy Publishing Company as a linotype operator in the plant of t...
Views: 3
Plaintiff brought this action to quiet her title to property in Los Angeles County and to cancel certain instruments under which Marie T. Huntley (hereinafter called defendant) claims title to the property. The trial court *637 found against plaintiff on all material issues and rendered judgment for defendant. This appeal followed. The interest which plaintiff claimed in the p...
Views: 8
Plaintiffs sued to quiet title to certain real property; the defendant filed an answer and cross-complaint setting up a cause of action to foreclose a mechanic’s lien upon the property; the defendant had judgment upon the cross-complaint for $223.40 with interest from date of the judgment. The sole ground urged on the appeal from the judgment is that the defendant failed to plead and prove that...
Views: 10
This is an appeal from a judgment in favor of the plaintiffs in an action brought to quiet title. The plaintiffs named a large number of defendants but the defendant E. F. Treadwell only has taken an appeal. All parties to this action claim under the Woodside Country Club, a corporation. The map of subdivision 1 of the Wood-side Country Club properties was recorded December 1, 1926, in Lib...
Views: 19
From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover damages for wrongful death, pursuant to the provisions *650 of section 377 of the Code of Civil Procedure, defendant David I. Keilly appeals. The appeal is based upon the judgment roll alone. Defendant urges reversal of the judgment on the proposition that it was error for the trial jud...
Views: 2
44 Cal.App.2d 651 (1941) BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION (a National Banking Association), as Administrator, etc., Appellant, v. REPUBLIC PRODUCTIONS, INC. (a Corporation), Respondent. Civ. No. 12819. California Court of Appeals. Second Dist., Div. Two. May 5, 1941. Simon & Garbus, Abram Robert Simon, Morton Garbus and Sidney A. Moss for Appellant. Loeb & Loe...
Views: 7
Appellant was convicted after trial by jury of murder in the second degree and sentenced to the state penitentiary at San Quentin for the term prescribed by law. This appeal is from the judgment and from the order denying his motion for a new trial. Viewing the evidence most favorably to the prosecution (People v. Dukes, 90 Cal. App. 657, 659 [266 Pac. 558]), the facts in the instant ease a...
Views: 9
Prom a judgment in favor of plaintiff after trial before the court without a jury in an action to recover the balance due upon a note after sale of real property, pursuant to the power contained in a deed of trust, defendants appeal. There is also a purported appeal from an order denying a motion for a new trial. Viewing the evidence most favorably to plaintiff (respondent), the facts are: *661Feb...
Views: 2
This is an original application for a writ of mandate to require respondents to set aside an order dismissing an action brought by petitioner as assignee of a judgment to have the same renewed. Respondent court has filed an answer. Respondent Judge Pierson M. Hall has filed a demurrer to the petition on the ground that it fails to state a cause of action as to him. So far as material here, the ...
Views: 3
Prom a judgment of guilty of robbery in the first degree after trial before a jury and from an order denying his motion for a new trial defendant appeals. Viewing the evidence most favorably to the people (respondent), the essential facts are: August 11, 1940, about 9 P. M. defendant and his codefendant Earl Bingham approached an attendant at a service station in the city of Los Angeles and reques...
Views: 9
This appeal was taken by John Savage, guardian of the persons and estates of Dorothy and Bernard Jones, from a judgment of the juvenile court. The children are full orphans, and at the time of the rendition of the judgment were respectively 14 and 11 years of age. At that time also they were and for nearly two years prior thereto had been living with and being cared for by appellant and his wife a...
Views: 0
44 Cal. App. 2d 688 (1941) STATE FINANCE COMPANY (a Corporation), Appellant, v. FLOYD N. SMITH, Respondent. Civ. No. 11464. California Court of Appeals. First Dist., Div. One. May 7, 1941. Carl H. Allen for Appellant. Harry L. Noland for Respondent. PETERS, P. J. Plaintiff appeals from a judgment for defendant in an action brought to recover a deficiency judgment in the amount of $251.38. ...
Views: 0
In a trial by the court without a jury the plaintiffs had a judgment for $1500, in addition to special damages, for injuries incurred by Hilda Harris when she fell upon the floor of an elevator operated by defendant Smith. The appeal is taken by this defendant alone. The facts are without material dispute and are fairly stated by respondents as follows: “Between 5:30 and 6:00 o’clock P. M. on Tues...
Views: 1
In an action for partition the trial court made findings in favor of the plaintiff and entered an interlocutory decree. From that decree the defendants have appealed and have brought up a typewritten record. The defendants have so many grievances that they depart from all rules of briefing and present what they claim to be groups 1 to 10 of alleged errors. They argue most earnestly. To understand ...
Views: 0
The plaintiff sued for an injunction and for the specific performance of a written contract made by other parties wherein the defendant agreed to execute a written lease of two years for certain premises. The plaintiff had judgment upon findings that all the allegations of his complaint were true and that all the allegations of the answer were untrue. One Stelling owned the real property upon whic...
Views: 0
From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover the purchase price of certain fixtures and equipment sold to defendant pursuant to a written ágreement, defendant appeals. Viewing the evidence most favorably to plaintiff (respondent) , the essential facts are: September 15, 1938, plaintiff and defendant entered into an agreement...
Views: 1
This is a motion to consolidate with this appeal the appeal of the respondents in the same case, being numbered Second Civil No. 12781 of this court. In view of the fact that we have this day dismissed appellant’s appeal for failure to comply with the requirements *712of rule I, section 4, and rule V, section 1 of the Rules for the Supreme Court and District Courts of Appeal, the present motion is...
Views: 1
44 Cal.App.2d 712 (1941) H. H. SPRINGER, Respondent, v. ANGELES CREDIT COMPANY, LTD. (a Corporation), et al., Appellants. Civ. No. 12781. California Court of Appeals. Second Dist., Div. Two. May 7, 1941. J. Everett Blum, John Moore Robinson and Ralph W. Smith for Appellants. Dailey S. Stafford and William H. Haupt for Respondent. McCOMB, J. From a judgment awarding damages in favor of plai...
Views: 5
44 Cal. App. 2d 718 (1941) DEL MAR CANNING CO. (a Corporation) et al., Appellants, v. PACIFIC GAS & ELECTRIC COMPANY (a Corporation), Respondent. Civ. No. 11502. California Court of Appeals. First Dist., Div. One. May 9, 1941. Walter Slack and John Milton Thompson for Appellants. Thos. J. Straub, John J. Briare, Frederick T. Searls and Wyckoff, Gardner & Parker for Respondent. PETER...
Views: 4
In an amended information filed by the District Attorney of Los Angeles County, containing three counts, defendant was accused in each count of the crime of grand theft. The information also contained an averment that defendant had theretofore been convicted of a felony and had served a term of imprisonment in a penal institution as punishment therefor. Following pleas of not guilty and the admiss...
Views: 1
This is an appeal from a decree and order settling the final account of an administrator and ordering distribution, and also determining that appellant was not the daughter of Josephine Brandel, deceased, and not entitled under section 229 of the Probate Code to succeed to her property. The estate of decedent, who died intestate, consists of real property, cash and personal effects. Appellant’s...
Views: 1
44 Cal. App. 2d 742 (1941) MORRIS S. DAGGETT, Appellant, v. STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS et al., Respondents. Civ. No. 11604. California Court of Appeals. First Dist., Div. Two. May 12, 1941. Mento & Read, Emerson W. Read, Joseph W. Mento and H. Nelson French for Appellant. Frank J. Barry for Respondents. SPENCE, J. Plaintiff sought a peremptory writ of mandate to com...
Views: 0
Appellant and Fred Coman were accused in an indictment of the crime of burglary. The charge was dismissed as to defendant Coman on motion of the district attorney in order that he could be a witness for the prosecution. At a trial before the court without a jury appellant was found guilty. This appeal is prosecuted from the judgment of conviction and from the order denying a motion for a new tr...
Views: 14
Defendant, by an information, was charged with rape, and from a judgment of conviction and from an order denying his motion for a new trial, he has appealed. The transcript upon appeal was filed in this court on January 23, 1941, and was orally argued March 4, 1941. No brief upon behalf of appellant was then on file, but at the request of appellant he was granted 10 days in which to file his openi...
Views: 0
This is an action brought by plaintiff and appellant to quiet title to certain real property in the city of Los Angeles and to cancel certain instruments. Respondents Alvin Stubenvoll and Helen Stubenvoll filed separate answers denying the material allegations of the complaint. *754 Defendants Robert W. Atkinson and Margaret Atkinson filed a disclaimer to any right or title in the ...
Views: 9
Upon his plea of guilty to a charge of violating the Corporate Securities Act the defendant was sentenced to imprisonment in San Quentin by a judgment pronounced on September 16, 1938. On March 28, 1941, he moved to vacate that judgment on the ground that the court was without jurisdiction to enter the same. That motion was denied and he appealed from that order, and requested a transcript. A copy...
Views: 3
Petitioner seeks to annul an order of respondent commission denying death benefits to her and her minor child. For a number of years George L. Guth, husband of petitioner, was in the employ of respondent Rubber Company at Sacramento. Twenty-three years prior to his death, and continuing thereafter, he was a stockroom and order clerk. During this time, and in this capacity, he was admittedly an emp...
Views: 1
On the 16th day of February, 1935, the appellant Emil A. Bruder executed and delivered to the appellant Alice E. Coulter a grant deed whereby he conveyed to her certain property in Culver City, Los Angeles County. In the year 1930 Bruder made and executed a promissory note to one Alice Steele Ammerman to secure which he shortly thereafter executed a mortgage to the payee covering a ranch in San Fe...
Views: 15
An appeal from an order admitting to .probate an alleged lost or destroyed will. The court found that the will of Luella Thompson, deceased, was fraudulently destroyed by her husband, appellant herein, following her death. The appeal involves an attack upon the sufficiency of the evidence to sustain the findings and decree establishing the existence of the will, its effectiveness at the time of...
Views: 11
44 Cal. App. 2d 780 (1941) WILLIAM DOSTER NOLAND, Plaintiff, v. VYOLA BUBB NOLAND et al., Defendants; RANDALL DISCOUNT CORPORATION (a Corporation), Appellant; WILFRED L. FARRAR, Respondent. Civ. No. 12425. California Court of Appeals. Second Dist., Div. One. May 14, 1941. Maurice C. Sparling for Appellant. William A. Reppy for Respondent. DORAN, J. The third party claimant appeals from a j...
Views: 16
Defendant appeals from an order granting plaintiff a new trial. The action was brought by plaintiff to recover the physical possession of a $3,000 policy of insurance upon the life of the plaintiff, which, at the time the action was filed, was in the possession of the defendant, his daughter, and in which the defendant was named as the sole beneficiary. How the policy came into defendant’s hands i...
Views: 1
Petitioner, a practicing dentist who had been suspended for a limited period by the defendant board' for unprofessional conduct, filed his petition in the superior court seeking a peremptory writ of mandate directed to said board. He appeals from a judgment which denied him such relief. Petitioner was charged by accusation before said board with “unprofessional conduct” as defined in secti...
Views: 16
This is a motion to dismiss the above entitled appeal on the ground that appellant has failed to conform to the requirements of Rule I of the Rules for the Supreme Court and District Courts of Appeal (213 Cal. xxxv). The facts are these: Appellant chose to prepare his record for use on appeal pursuant to the requirements of section 953a of the Code of Civil Procedure. May 31, 1939, notice of appea...
Views: 0
This action involves certain water rights on Tule River, a large natural watercourse having its source in the Sierra Nevadas in the easterly portion of the county of Tulare, in this state, and flowing thence in a general westerly direction in its natural channel in the direction of and into Tulare Lake, in the county of Kings. The plaintiffs, Claude M. Jones, W. W. Slayden, and Emma Akin, ...
Views: 9
Plaintiff, by the regularly appointed guardian of his person and estate, commenced two actions to recover stock, or its value if redelivery could not be had, which had been pledged to secure promissory notes evidencing loans *810 made by defendant. The cases were consolidated for trial. Separate findings and judgments for defendants were filed and separate notices of appeal were gi...
Views: 3
44 Cal. App. 2d 822 (1941) LAVINIA STANSELL, a Minor, etc., et al., Respondents, v. SAFEWAY STORES, INC. (a Corporation), Appellant. Civ. No. 2716. California Court of Appeals. Fourth Dist. May 15, 1941. Arthur F. H. Wright for Appellant. Harden, Hervey & Holt for Respondents. BARNARD, P. J. This is an action for damages on account of injuries suffered by the plaintiff minor as a resul...
Views: 10
Plaintiff and respondent instituted this action to recover damages against defendant and appellant corporation for breach of contract respecting the sale of respondent’s crop of oranges. The case was tried without a jury and resulted in a judgment for respondent in the sum of $637.93, from which judgment defendant has appealed. During the first part of November, 1937, respondent, an orange...
Views: 3
In an action to recover a judgment against the estate of a decedent for money the trial court made findings in favor of the plaintiff and from that judgment the executor of the estate of the decedent has appealed. In his complaint the plaintiff alleged that the decedent died testate February 21, 1937, that The San Francisco Bank was appointed executor of his estate on the 17th day of March, 1937, ...
Views: 0
Plaintiffs by their complaint filed herein alleged that in the year 1938 and up to June 27th thereof, they were operating a public soft baseball park in the city of Santa Monica; that on or about J une 1st, they were solicited by defendant, through the latter’s agent, to purchase an interest in similar baseball parks operated by defendant in the *840 city of Los Angeles; that negotiations were ...
Views: 10
Plaintiff commenced this action to recover damages for injuries which she suffered in being mired in an oil sump on property in the possession of defendant. The appeal is from a judgment in plaintiff’s favor in the sum of $500. On the afternoon of April 6, 1940, plaintiff, a girl thirteen years of age, was walking with her two sisters, aged eleven and fifteen years, and a boy, aged fifteen...
Views: 10
A judgment in the sum of $500 was rendered by the superior court in favor of plaintiff and against defendant Mabel Coates. Thereafter plaintiff filed her memorandum of costs and disbursements and the defendant, objecting to certain 'items, filed her motion to have the costs taxed by the court. The court made an order striking various items claimed by plaintiff as proper disbursements. Prom this or...
Views: 0
44 Cal. App. 2d 854 (1941) CITIZENS STATE BANK OF LONG BEACH (a Banking Corporation), Respondent, v. FRED HOFFMAN et al., Appellants. Civ. No. 12926. California Court of Appeals. Second Dist., Div. Two. May 16, 1941. Denio, Hart, Taubman & Simpson for Appellants. Newton M. Todd and Frank M. Linnell for Respondent. WOOD, Acting P. J. [1] Respondent obtained a judgment for $2,000 against...
Views: 2
44 Cal. App. 2d 858 (1941) THE PEOPLE, Respondent, v. MIKE MARVICH, Appellant. Crim. No. 3439. California Court of Appeals. Second Dist., Div. Two. May 16, 1941. Morris Lavine for Appellant. Earl Warren, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. WOOD, Acting P. J. Appellant was charged by information with the crime of robbery, in that on or about March...
Views: 3
This is an action to foreclose a mortgage. A demurrer on the ground that the statute of limitations (Code Civ. Proc., sec. 337, subd. 1) had run was sustained, and the plaintiff has appealed from the judgment of dismissal. The sole question presented is whether the four-year limitation was so extended by the provisions of section 12a of the Code of Civil Procedure as to bring the filing of this...
Views: 4
This is an appeal from an order granting a new trial. The order did not specify that the motion was granted because of the insufficiency of the evidence to sustain the verdict of the jury in favor of the defendants. (Code Civ. Proc., sec. 657.) Defendant Fresno City Lines, Inc., is a common carrier of passengers for hire, and Buck Storey was one of its drivers. Eva H. Nance, wife of Charle...
Views: 15
This is an appeal from a judgment in favor of the plaintiff rescinding conveyances by the deceased, Irma Clark Ryan, of real and personal property to the defendants, on the ground that they were procured by fraud, and awarding plaintiff the reasonable value thereof. An accounting was had to determine the market value of the property. Findings were adopted and filed December 16, 1938. The judgment...
Views: 18
Plaintiffs appeal from a judgment which was rendered against them pursuant to section 629 of the Code of Civil Procedure notwithstanding the verdict of the jury which was previously returned against the defendant, Southern Counties Gas Company of California, for its alleged negligent maintenance of a cement meter box. The action arises out of injuries sustained by appellant Katie Van Rennes when s...
Views: 4
Defendant was charged in count I of the information with the crime of robbery, with the additional charge that at the time of the commission of the offense he was armed with a deadly weapon. In count II he was charged with the crime of assault with a deadly weapon with intent to commit murder. He was also charged with the prior conviction of the crime of murder in the State of Missouri. At a jury...
Views: 15
This is an appeal from a judgment ordering that a writ of mandate issue directing the county of San Diego and certain of its officers to give plaintiff the one thousand dollar exemption on his property provided for in section 1% of article XIII of the Constitution. The facts are not in dispute. Plaintiff enlisted in the United States Navy on November 20, 1932. On April 19, 1934,...
Views: 3
Plaintiff and respondent brought this action in the capacity of administrator to recover damages for the death of the intestate which death he alleged was caused by the malpractice of the defendant and appellant doctor, John W. Warren, and the defendant and appellant Paradise Valley Sanitarium and Hospital in the treatment of respondent ’s intestate at the time she gave birth to her child. Afte...
Views: 8
The plaintiffs below sued to quiet title to certain lands in Santa Barbara County. The defendants having answered, the cause was tried by the court without a jury. Judgment having been entered for plaintiffs and a motion for a new trial having been denied, the defendants prosecute this appeal. On June 30, 1937, the plaintiffs below, as lessors, leased to the defendants certain lands in the leas...
Views: 0
This is an appeal from a judgment in favor of defendants, County of Colusa, and the Board of Supervisors of Colusa County, entered after demurrers to an amended complaint were sustained without leave to amend, and also in favor of the Director of the County Hospital, and two nurses, following orders sustaining their demurrers *917 with right to amend, of which right plaintiff refus...
Views: 28
This action for personal injuries was consolidated with another action brought by the State Compensation Insurance Fund based upon its right of subrogation. The latter action presents no point on this appeal and no further reference to the parties in that action will be necessary. The court, sitting without a jury, found in favor of the plaintiffs and the defendants have appealed from the judgm...
Views: 6
This is a motion to dismiss this appeal from the judgment. Nothing has been filed in this court except the papers on this motion. A certificate of the county clerk and an affidavit of the court reporter, which have been filed herein, set forth facts which sufficiently support the granting of the motion. In addition thereto, one of the attorneys for the appellant, who was present at the hearing, st...
Views: 0
Under the authority of the opinion filed this day, In the Matter of the Application for a Writ of Habeas Corpus on Behalf of Boyd Coon, Steve Daduk, Howard Edmonds, Goodman Brudney, Earl Kinna, Clarence Vicklund, Alan Fite, Ramon Durem, Herbert Naboisek, Frances Schultz, Estelle Fels, Harriet Hoffman, Estelle Cochran, Ida Pollack and Merle Reese, Criminal No. 1761 [ante, p. 531 (112 Pac. (2d) 767)...
Views: 0
This is a motion to dismiss the appeal on the ground that appellant has not filed points and authorities within the time prescribed by law (see Rule V, sec. 1, Rules for the Supreme Court and District Courts of Appeal, 233 Cal. xliii). The facts are: February 16, 1940, appellant filed his notice of appeal. June 1, 1940, he filed a clerk’s transcript. Since that time appellant has not filed his pri...
Views: 0
This is a motion to dismiss an appeal from a judgment entered on December 13, 1940. There is nothing on file here except the moving papers which include a certificate of the county clerk of Orange County. It appears that a motion for new trial was denied on January 21, 1941. Notice of denial of the motion was served on January 22, 1941, and filed on January 23, 1941. A motion to terminate proceedi...
Views: 0
The facts herein are in all material respects the same or similar to those involved in the opinion this day filed in People v. Marr, Criminal No. 613 (ante, p. 760 [113 Pac. (2d) 22].) In this case only one objection to the transcript was made and only one correction sought. It involves only the correction of one word, and is immaterial here for the reasons given in the opinion referred to. The mo...
Views: 0
The appellant was convicted in the Superior Court of Stanislaus County of the crime of burglary of the second degree, á felony. *936The transcript on appeal was filed in this court March 3, 1941. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on May 13, 1941. No appearance was made for appellant at the time the case was called for h...
Views: 0
This is an action for wrongful death arising from the same accident or collision which was involved in the case of Albania v. Kovacevich, ante, p. 925 [113 Pac. (2d) 251], this day decided. A complaint in intervention was filed by the State Compensation Insurance Fund based upon a claim of subrogation. No point is raised in connection therewith and no further reference thereto is necessary. Regino...
Views: 0
In each of these cases the plaintiff appeals from a judgment entered against it after a demurrer to its amended complaint had been sustained without leave to amend. The complaints are identical except for names of defendants, dates and amounts of interest and penalties, and statements of facts hereinafter made must be understood as applying to both cases. In each complaint it is alleged, in *941su...
Views: 2
In May of 1938 one K. Segawa executed to Prank Naruto & Co:, Ltd., a promissory note in the principal sum of $1100.72. The said K. Segawa was also at that time indebted in the sum of $229 to Fred C. Silverthorn & Sons, Inc., for certain fertilizer purchased. Both the Naruto note and the Silverthorn account having been assigned to the plaintiff, L. B. Grant, he, on December 3, 1940, obtained judgme...
Views: 0

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