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All Reporters → cal-app-2d → Volume 67

Opinions in cal-app-2d Volume 67

The plaintiffs, Thomas E. King and Carl M. Hankins, filed separate actions for damages against the city of Long Beach. The cases were consolidated for trial, and also on appeal. These cases arose out of an accident which occurred in the city of Long Beach during the early morning of February 25, 1942, when an automobile owned and operated by plaintiff King, and in which plaintiff Hankins was ridi...
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Plaintiff sued defendants, seeking to establish in himself and defendant Gustave Storch, as copartners, ownership of certain real and personal property standing in the name and in the possession of defendant Peter Storch. His complaint alleged the creation of the partnership between him and Gustave Storch in February, 1936, to conduct the business of producing and marketing fruit and the carryi...
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The defendant’s petition for a writ of habeas corpus is the outgrowth of an order of the Police Court of the City of Stockton, revoking a suspension of sentence previously entered by that court. The original judgment, a copy of which is attached to the petition herein, discloses that on May 29, 1944, the defendant was convicted of intoxication and sentenced to a term of 150 days, which sentence w...
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The plaintiffs and cross-defendants appeal from a judgment awarded respondent on the cross-complaint. The original complaint for abatement of a nuisance and the recovery of damages therefrom was brought in the name of the individual appellant, E. N. Sager. It alleged that the plaintiff owned designated property on Ellis Street in the city and county of San Francisco, and that the defendant...
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The defendant was charged with an assault upon James Carl Stafford, on October 31, 1943, with a deadly weapon with intent to commit murder. In a second *39 count of the information he was accused, under section 245 of the Penal Code, of an assault upon the same person with a deadly weapon. The jury acquitted him of the first charge, but convicted him of the crime of an assault with...
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The plaintiff, Caroline F. Taylor, brought this action to quiet title to real property of which she claimed to be sole owner. One of the parties defendant, M. Rossa Andrews, filed a cross-complaint claiming to be the owner of an undivided one-half interest in the property. The trial court found in favor of the defendant on the cross-complaint, and accordingly adjudged and decreed that each of the...
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The question for decision is whether the facts established justify the finding of a nuisance on adjacent premises and the consequent award of damages. *71 In the fall of 1940 plaintiffs purchased a lot on Oporto Drive in a hillside district. The area was restricted exclusively to residential structures with minimum building requirements of $10,000. The lot had dimensions of 109 fe...
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The question for decision is whether the evidence supports the findings that (1) the employees of a •barkeeper caused the injuries of plaintiff by the wrongful application of excessive force in ejecting him from the barroom and, (2) if so, whether they were acting within the scope of their employment. On December 18, 1943, plaintiff in company with his wife and some friends entered a barro...
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The question for decision is whether the evidence supports the finding that the estranged wife without the knowledge or consent of decedent husband fraudulently destroyed his last will and testament. Decedent, John I. Boyer, was married to appellant on February 26, 1938. They were separated December 15, 1941; she sued him for support and thereafter lived separate and apart. On June 5, 1942, a d...
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Plaintiff, as assignee for collection of the Hyman-Michaels Company, a corporation, brought this action against the Delta Lumber and Box Company, a corporation, W. E. Peters and Ray H. Oliver. The Delta Lumber and Box Company (hereinafter called the Delta Company) was family owned; the defendant Peters was its vice-president and manager and his wife was its president. The complaint alleged that...
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67 Cal.App.2d 93 (1944) PACIFIC FRUIT EXPRESS COMPANY (a Corporation), Appellant, v. CHARLES J. McCOLGAN, as Franchise Tax Commissioner, etc., Respondent. Civ. No. 12656. California Court of Appeals. First Dist., Div. One. Nov. 30, 1944. C. W. Durbrow and Harry H. McElroy for Appellant. Robert W. Kenny, Attorney General, John L. Nourse and James E. Sabine, Deputies Attorney General, for Resp...
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Defendants Alexander, Collins and Robin were charged by information with robbery. They were tried by a jury and were found guilty of robbery in the first degree. They were sentenced to imprisonment in the state prison and they have appealed from the judgments of conviction. At about 7 o’clock on the evening of February 10, 1944, a service station located in Port Chicago was robbed by two colore...
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From a judgment revoking admission to probate of a holographic will of Catherine Ewan, deceased, after trial before the court without a jury, proponent of the will appeals. The essential facts aré: Catherine Ewan died testate on April 16, 1943. She left an holographic will which read thus: “April 9, 1943. £ £ I, Catherine Ewan, hereby will all of my property real and persona...
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This is an appeal from a judgment and from an order denying a motion for judgment notwithstanding the verdict in an action to recover for damages received when the Ford pick-up in which plaintiffs were riding plunged into an open ditch across a public highway of Fresno County. The sole question presented on appeal is the correctness of an instruction to the jury given by the trial court at...
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This is an action to obtain a writ of mandate directing the defendant to cancel and set aside an order made on April 10, 1944, revoking a license as real estate broker issued to the plaintiff for the license year 1943-1944. It appears that a petition for the writ was filed on April 20, 1944, a hearing was had early in June, and. on July 17, 1944, judgment was entered directing the issuance of a wr...
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Defendant was charged in an information with the crime of rape, in count one with rape by force under section 261, subdivision 3 of the Penal Code, and in count two with statutory rape under subdivision 1 thereof. The prosecutrix in each count, Airre Belflower, was of the age of 13 years. She testified that on the night of April 23, 1944, defendant, husband of her cousin, had and accomplished an a...
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The defendant was charged with the crime of burglary alleged to have been committed on February 9, 1944, and with several prior convictions of felonies. He pleaded not guilty but admitted the prior convictions. A jury found him guilty and he was sentenced as an habitual criminal. He has appealed from the judgment and from an order denying his motion for a new trial, contending that the evidence i...
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An appeal from an order modifying a final decree of divorce. The interlocutory decree, dated December 22, 1930, in favor of plaintiff husband was made and entered upon the ground of defendant wife’s extreme cruelty, an agreement theretofore made between the parties being attached to, approved and made a part of the decree except that instead of following the provision in the agreement that the mo...
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The plaintiff commenced an action against the defendants to recover damages for fraud imposed on the plaintiff in the sale to him of a lot and garage building located thereon. He named many defendants, L. W. Allen as the owner, Elsie M. Allen as his wife, W. A. Smith as tenant, and several individuals as real estate agents. The defendants answered and the action was tried in the trial court bef...
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Plaintiffs were formerly members of the San Francisco Police Department and were removed therefrom in 1936 after trial on charges of misconduct before the local police commission. In November, 1943, they filed a petition with the Police Commission asking that body to review the case and reinstate each to his former rank and position. The commission determined that it was beyond its jurisdiction...
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This is an appeal by defendants from a judgment for plaintiffs in an action for an injunction and declaratory relief. Appellants present the issues on appeal as follows: “Plaintiffs are some twenty-five beauty schools duly licensed and operating under the Cosmetology Act of the State of California (Business and Professions Code, Article 8, Chapter 10). These schools sought an injunction and declar...
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Plaintiff and defendant, formerly husband and wife, have one child, a boy 10 years of age. This appeal is from an order of the trial court awarding custody of the boy to the father. An interlocutory decree of divorce was granted to the mother July 21, 1942, upon default of the defendant. In this decree, custody was given to the mother. July 26, 1943, final decree followed continuing the mother’s c...
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In this case the decedent left a last will and testament, a codicil to which contained the following provisions: “Article II. I give and bequeath to Grover Bossert the sum of Four Thousand ($4,000.00) Dollars to be paid him in lieu of statutory attorney’s fees for his services in probating my Last Will and Codicil thereto, it being my intention that he receive an additional Two Thousand ($2,000.00...
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Defendant was convicted of the murder of Charles C. Clauson under count one of the information and his sentence fixed as second degree murder, and of assault with a deadly weapon of one Lee Clauson under count two thereof. The deceased, Charles C. Clauson, was a barber and had been acquainted with the defendant who operated a bar and café in San Bernardino for many years. Lee Clauson, 30 years of...
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This is an appeal from an order appointing a receiver. Plaintiff in his complaint sought judgment for money had and received and on an account stated. Defendant answered and cross-complained, alleging a partnership in the business of “Floyd Baldwin, Painting and Decorating.” She demanded an accounting and filed a motion for the appointment of a receiver. Plaintiff answered defendant’s cross-com...
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Petitioner insurance carrier by means of a writ of review seeks the annulment of an award of the Industrial Accident Commission granting compensation to an injured employee and ordering it to be paid by petitioner. At the hearing held April 20, 1944, the following facts were admitted: “1. Sidney Schiff, born September 3, 1911, was employed December 3, 1943, as a linotype operator, at Los Angeles, ...
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The nature of this action is indicated from the title given by plaintiff, ‘1 Complaint for Damages For Unlawful Monopoly under the Cartwright Act $100,000.” Plaintiff has appealed from a judgment in favor of defendants after their demurrer to the amended complaint was sustained without leave to amend. In his amended complaint plaintiff named as defendants Auctioneer Association of Southern Cali...
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This appeal is by the defendants from a judgment determining that they owe plaintiffs $2,099.98 principal and $136.49 interest on a certain promissory note, and owe plaintiffs $350 attorneys’ fees; that all of said sums are secured by a deed of trust on certain real property in San Mateo County; and decreeing a foreclosure of the deed of trust. Defendants’ defense at the trial was that the promis...
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This is an appeal from a judgment of conviction of defendant of the crimes of burglary and attempted robbery. No question of the guilt or innocence of defendant can now be injected into the case, because, if a plea of not guilty was ever interposed (which does not appear from the record), it was expressly abandoned and withdrawn during the trial, the defendant relying solely on his pleas of forme...
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Appeal from a conviction of murder in the second degree and from the order denying a motion for a new trial. The victim of appellant’s crime was Doris Jean Branch, eighteen years of age. She had been married to Harvey Branch on November 21, 1943. Pursuant to an appointment made by her father she called at the office of appellant, a chiropractor of Long Beach. She employed him to effect an abort...
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The question posed by this appeal is whether the defendant was held without probable cause for the offense of child stealing. Having been committed by the Justice’s Court of Compton Township June 1, 1944, she was duly accused by the district attorney under information filed in the superior court. Pursuant to motion under section 995, Penal Code, the accusation was dismissed on the ground that the...
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Defendant was accused of the crime of violation of section 501 of the Vehicle Code, a felony. It was alleged that on or about July 5, 1943, she did unlawfully drive an automobile, while under the influence of intoxieat *212 tag liquor, and in an unlawful manner, proximately causing bodily • injury to Emily-' Yakimowich, a human being. She was accused further in a second count of the crime of ne...
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Plaintiffs, lessees under an oil and gas lease, brought this action to enjoin defendants, their lessors, from declaring a forfeiture of the lease for failure to pay landowner’s royalties to defendants. The judgment was in favor of plaintiffs. It ordered plaintiffs to pay to the clerk of the court all landowner’s royalties accruing under the lease and enjoined defendants from declaring a fo...
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J. —Defendant has appealed from a judgment declaring at an end its contract for the services of plaintiff as a motion picture actress. The ground of the decision was .that the contract had run for seven years, the maximum life "allowed such contracts by former Civil Code, section 1980, now section 2855 of the Labor Code. It was executed April 14, 1936, for a term of fifty-two weeks and gave the...
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The administrator of the estate of William Denis Trusas, deceased, has appealed from a judgment of $2,771.37, in favor of the plaintiff for the unpaid principal and interest on two promissory notes, together with attorney’s fees. The creditor^ claim, upon which the action was founded, was not filed within six months “after the first publication of the notice,” as required by section 700 of the Pro...
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This is an action to recover certain amounts expended for the hospitalization and medical care of two crippled children, as authorized by section 2979 (b) of the Political Code (now Health & Saf. Code, §§ 254-258). In connection with one of the children a claim for $450 was presented to the board of supervisors of the defendant county on January 26, 1931, and a further claim for $180 on March 2...
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The plaintiff has appealed from an order changing the place of trial in a suit for damages for personal injuries from Napa County to the city and county of San Francisco, which is the residence of the defendant corporation. The complaint alleges that while plaintiff was riding as a passenger in defendant’s stage from Napa to San Francisco she suffered personal injuries as a result of bagga...
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67 Cal. App. 2d 257 (1944) HELEN S. CORDELL, Respondent, v. CITY OF LOS ANGELES et al., Appellants. Civ. No. 14370. California Court of Appeals. Second Dist., Div. One. Dec. 13, 1944. Ray L. Chesebro, City Attorney, Robert J. Stahl and Edward J. Olstyn, Deputies City Attorney, for Appellants. Joseph Scott and J. Howard Ziemann for Respondent. WHITE, J. This is an appeal from a judgment awa...
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67 Cal. App. 2d 268 (1944) Estate of AUGUST SCHNELL, Deceased. BEN H. BROWN, as Public Administrator, etc., Appellant, v. WILLIAM SCHNELL et al., Respondents. Civ. No. 14663. California Court of Appeals. Second Dist., Div. One. Dec. 13, 1944. Catlin & Catlin, Frank D. Catlin, Henry W. Catlin and William E. Woodroof for Appellant. *269 Riccardi, Webster & Donahue, Leonard L. Riccardi,...
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This is a motion to dismiss appeals from orders (1) granting respondent’s (defendant in the trial court) motion to terminate proceedings for the preparation of a transcript on appeal, (2) of the superior court denying appellant’s (plaintiff in the trial court) motion for a new trial pursuant to the provisions of section 953e of the Code of Civil Procedure, on the ground that the appeals are sham, ...
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67 Cal.App.2d 278 (1944) PAUL DONALD MALONEY, Appellant, v. MARGUERITE MALONEY, Respondent. Civ. No. 14695. California Court of Appeals. Second Dist., Div. Two. Dec. 13, 1944. Bertram H. Ross for Appellant. Charles E. Beardsley for Respondent. MOORE, P. J. The question for decision is whether the superior court in an action for divorce filed by the husband may make an order against him rel...
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Appellant, John Gray, appearing in propria persona, on or about the third day of February, 1944, filed in the Superior Court of Sacramento County a petition for a writ of mandate to compel respondents to prepare a title to and a summary of the chief purposes and points of a proposed initiative measure to be submitted to the electors of the state, alleging in his petition that such a measure had be...
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This action, filed on December 17, 1939, was a complaint to foreclose a mortgage on certain real property in San Bernardino County, which mortgage was given by defendants Schuhs and Fidelity Foundation, Ltd., a trust, by Smith Williams and G. M. Love joy, as trustees, the then owners, as security for the payment of a promissory note in the sum of $15,204.07, payable to plaintiff Oil Tool Exchan...
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Petitioners, the employer and the insurance carrier of such employer, seek by the instant proceeding to review the findings and an award of death benefits made by the respondent commission on January 5. 1944, in favor of *301the surviving dependent wife and the minor daughter of the deceased employee, Eugene Fernholtz. Said commission found that the said employee, while employed as a florist on De...
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67 Cal. App. 2d 307 (1944) THE PEOPLE, Respondent, v. JOHNNIE L. HARRIS, Appellant. Crim. No. 3800. California Court of Appeals. Second Dist., Div. Three. Dec. 14, 1944. Walter L. Gordon for Appellant. Robert W. Kenny, Attorney General, and Everett W. Mattoon, Deputy Attorney General, for Respondent. DESMOND, P. J. A jury found defendant guilty of kidnaping and of violating section 288a of...
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This is an appeal from a judgment predicated upon an order sustaining a demurrer without leave to amend to appellant’s petition for a writ of mandate to require respondents, Board of Funeral Directors and Embalmers, to vacate an order modifying a judgment of suspension of the Armstrong Family’s license to practice embalming. The facts so far as material are: On July 30, 1938, after charges were du...
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67 Cal.App.2d 315 (1944) N. S. McNEILL et al., Appellants, v. ROBERT S. REDINGTON, Respondent. Civ. No. 14467. California Court of Appeals. Second Dist., Div. Three. Dec. 15, 1944. Joseph R. Vaughan for Appellants. Michael F. Shannon and Thomas A. Wood for Respondent. FOX, J. pro tem. This action arises out of defendant's operation of a drop forging plant which transmitted damaging vibrati...
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67 Cal.App.2d 320 (1944) LORRAINE B. TRIEST, Appellant, v. FRANK TRIEST, Respondent. Civ. No. 12728. California Court of Appeals. First Dist., Div. One. Dec. 18, 1944. Clayton H. Garvey for Appellant. Heller, Ehrman, White, & McAuliffe for Respondent. PETERS, P. J. On November 8, 1940, plaintiff and appellant, Lorraine B. Triest, secured an interlocutory decree of divorce from defendan...
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67 Cal. App. 2d 327 (1944) THE PEOPLE, Respondent, v. WILLIAM SERPA, Appellant. Crim. No. 2303. California Court of Appeals. First Dist., Div. One. Dec. 18, 1944. Alfred J. Hennessy for Appellant. Robert W. Kenny, Attorney General, David K. Lener and Harold B. Haas, Deputies Attorney General, for Respondent. *329 KNIGHT, J. The appellant, William Serpa, was found guilty by a jury of the cr...
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67 Cal. App. 2d 334 (1944) HAROLD AVERY, Appellant, v. FREDERICKSEN AND WESTBROOK (a Copartnership) et al., Respondents. Civ. No. 7079. California Court of Appeals. Third Dist. Dec. 18, 1944. T. L. Chamberlain and Gerald B. Wallace for Appellant. Thelen, Marrin, Johnson & Bridges for Respondents. ADAMS, P. J. Appellant Avery, and respondents Fredericksen and Westbrook, a copartnership,...
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From a judgment in favor of defendants after trial before the court without a jury in a declaratory relief action to have an option declared unrevoked, plaintiff appeals. The essential facts are these: On April 15, 1943, plaintiff and defendant El Royale Cor: poration entered into an option agreement whereby plaintiff was given the sole and exclusive right and option to purchase upon certain terms...
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67 Cal. App. 2d 347 (1944) J. G. BOSWELL COMPANY (a Corporation) et al., Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION and JACK OWINGS, Respondents. Civ. No. 3168. California Court of Appeals. Fourth Dist. Dec. 19, 1944. Keith & Creed for Petitioners. Everett A. Corten and Dan Murphy, Jr., for Respondents. BARNARD, P. J. This is a proceeding to review an award of the Industrial Accident C...
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67 Cal.App.2d 357 (1944) THE PEOPLE, Respondent, v. LAWRENCE EASTMAN, Appellant. Crim. No. 2317. California Court of Appeals. First Dist., Div. Two. Dec. 20, 1944. Ernest Spagnoli for Appellant. Robert W. Kenny, Attorney General, and Ralph W. Scott, Deputy Attorney General for Respondent. STURTEVANT, J. The appeal is from an order of the Superior Court of the City and County of San Francis...
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67 Cal. App. 2d 360 (1944) THE PEOPLE, Respondent, v. JOSEPH TENNER, Appellant. Crim. No. 2319. California Court of Appeals. First Dist., Div. Two. Dec. 20, 1944. Nathan C. Coghlan and William F. Herron for Appellant. Robert W. Kenny, Attorney General, David K. Lener, Deputy Attorney General, and Edmund Brown, District Attorney, for Respondent. NOURSE, P. J. The defendant was tried before ...
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67 Cal. App. 2d 367 (1944) MAXIMINO MOLINO GARCIA, Appellant, v. SAMUEL S. YEDOR et al., Respondents. Civ. No. 14609. California Court of Appeals. Second Dist., Div. One. Dec. 20, 1944. Daly B. Robnett and Benjamin F. Kosdon for Appellant. George H. Moore, Hugh B. Rotchford, Myron J. Glauber and Ralph L. Lupton for Respondents. DRAPEAU, J. pro tem. In this case the trial court rendered jud...
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Contestant appeals from the order authorizing the compromise of a debt by the executor. She grounds her appeal upon the proposition that the evidence does not show that the compromise is to the best interest of the estate. Contestant is the widow of decedent Alfred Newmark who created a testamentary trust with respondent, The Farmers and Merchants National Bank of Los Angeles, as trustee. He nomin...
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67 Cal. App. 2d 374 (1944) SHIRLEY KOSLOFF, Appellant, v. MAURICE KOSLOFF, Respondent. Civ. No. 14484. California Court of Appeals. Second Dist., Div. Three. Dec. 20, 1944. Ray Sandler for Appellant. No appearance for Respondent. DESMOND, P. J. Plaintiff appeals from that portion of an interlocutory decree of divorce, entered upon a default hearing, which, while awarding her a divorce, fai...
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This is an appeal from an order allowing respondents $2,500 as extraordinary fees as attorneys for one of two coexecutrices of the Estate of Charles H. Roberts, deceased. The appeal is prosecuted by Elizabeth Clare Roberts, the other coexecutrix, and certain heirs. Appellants filed a notice to prepare a reporter’s transcript of the oral proceedings pursuant to rule 4, Rules on Appeal, and gave not...
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67 Cal.App.2d 382 (1944) THE PEOPLE, Respondent, v. JOSEPH F. MILLER et al., Appellants. Crim. No. 3829. California Court of Appeals. Second Dist., Div. Three. Dec. 21, 1944. Henry C. Huntington for Appellants. Robert W. Kenny, Attorney General, and Carl S. Kegley, Deputy Attorney General, for Respondent. FOX, J. pro tem. Defendants appeal from a judgment of conviction for violating subdiv...
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67 Cal.App.2d 386 (1944) A. J. NEWMAN, Appellant, v. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY (a Corporation), Respondent. Civ. No. 14246. California Court of Appeals. Second Dist., Div. One. Dec. 22, 1944. A. J. Newman, in pro. per., Claude A. Watson and Bernard Brennan for Appellant. Hindman & Davis for Respondent. THE COURT. Appellant as plaintiff in the court below instituted ...
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67 Cal. App. 2d 400 (1944) J. E. DUNN et al., Appellants, v. COUNTY OF SANTA CRUZ, Respondent. California Court of Appeals. Dec. 26, 1944. John H. Leonard for Appellants. Stephen Wyckoff, District Attorney, for Respondent. *401 SPENCE, J. Plaintiffs sought a declaration that a certain road was a public road and also sought a judgment for damages for the alleged failure of the defendant count...
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This is an appeal by the defendant from a decree of foreclosure of certain street assessment liens. The evidence introduced was almost wholly documentary, and in the main undisputed. During the latter part of the year 1920 the respondent, a municipal corporation, initiated proceedings under the provisions of the Improvement Act of 1911 (Stats. 1911, p. 730 as amended; Deering’s Gen. Laws, 1937, Ac...
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67 Cal. App. 2d 411 (1944) ROBERT C. LOTTA, Appellant, v. CITY OF OAKLAND et al., Respondents. Civ. No. 12699. California Court of Appeals. First Dist., Div. Two. Dec. 28, 1944. Clarence DeLancey for Appellant. F. Bert Fernhoff, City Attorney, Hagar, Crosby & Crosby and Weinmann, Quayle & Berry for Respondents. NOURSE, P. J. This is an appeal from a judgment on a jury verdict for d...
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This is the third appeal in the above entitled action. (Davis v. Stewart, 31 Cal.App.2d 574 [88 P.2d 734] ; Davis v. Stewart, 53 Cal.App.2d 439 [127 P.2d 1014].) The facts are fully set forth in those decisions. After the remittitur went down in the case last mentioned, and on or about October 1, 1942, the defendant surrendered possession of the premises in dispute. Later the plaintiff filed a sup...
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In an action of ejectment the trial court made findings in favor of the defendant. From the judgment entered on those findings the plaintiff has appealed. The controversy arose out of the following facts. Both parties claim they succeeded to the title of Claribel H. Zuck. February 4, 1941, Claribel H. Zuck became the owner of the property in dispute. Thereafter she commenced the construction of tw...
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67 Cal. App. 2d 425 (1944) THE PEOPLE, Respondent, v. MICHAEL ABRAHAM, Appellant. Crim. No. 3834. California Court of Appeals. Second Dist., Div. Three. Dec. 29, 1944. Pearlson & Singer for Appellant. Robert W. Kenny, Attorney General, and Carl S. Kegley, Deputy Attorney General, for Respondent. WOOD (Parker), J. Defendant appeals from a judgment of conviction of the crime of violation of ...
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67 Cal. App. 2d 428 (1945) ALFRED KENNETH SCOTT et al., Respondents, v. GEORGE RENZ et al., Appellants. Civ. No. 12742. California Court of Appeals. First Dist., Div. One. Jan. 2, 1945. Bronson, Bronson & McKinnon for Appellants. James S. Byers, James F. Boccardo and Edwin H. Williams for Respondents. PETERS, P. J. This action was brought by plaintiffs to recover damages for the death ...
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67 Cal. App. 2d 440 (1945) VIRGINIA FISKE et al., Appellants, v. CORA WILKIE, Respondent. Civ. No. 14269. California Court of Appeals. Second Dist., Div. One. Jan. 2, 1945. Ratzer & Bridge and Collamer A. Bridge for Appellants. Michael F. Shannon, Thomas A. Wood and Charles W. Wolfe for Respondent. WHITE, J. This is an attempted appeal from an order "sustaining the demurrer of defendan...
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67 Cal.App.2d 452 (1945) RALPH W. EVANS, as Building and Loan Commissioner, etc., Respondent, v. COUNTY OF SAN JOAQUIN et al., Appellants. Civ. No. 7105. California Court of Appeals. Third Dist. Jan. 2, 1945. Chester E. Watson, District Attorney, and Robert N. Blewett, Assistant District Attorney, for Appellants. Charles H. McDonald for Respondent. ADAMS, P. J. On November 29, 1929, the Pa...
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67 Cal.App.2d 456 (1945) INA HINDS et al., Appellants, v. I. M. WHEADON et al., Respondents. Civ. No. 14310. California Court of Appeals. Second Dist., Div. Three. Jan. 3, 1945. Syril S. Tipton for Appellants. Joseph A. Ball for Respondents. SHINN, J. The present action was brought by the widow and minor children of George T. Hinds to recover damages for his death. Decedent was employed by...
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67 Cal. App. 2d 467 (1945) THE PEOPLE, Respondent, v. DORAND METRO OHMAN, Appellant. Crim. No. 3830. California Court of Appeals. Second Dist., Div. One. Jan. 4, 1945. Maurice A. Gleason for Appellant. Robert W. Kenny, Attorney General, and Everett W. Mattoon, Deputy Attorney General, for Respondent. WHITE, J. In an information filed by the District Attorney of Los Angeles County, containi...
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Eugene L. Kellner, the appellant, was found guilty of the crime of burglary in the first degree by the court sitting without a jury. On this appeal from the judgment he contends that the evidence is insufficient to sustain the conviction. The evidence establishes that at about 10:30 p. m. on January 29, 1944, the residence of Arthur B. Miner in San Pedro was forcibly entered and about 100 bottles ...
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67 Cal. App. 2d 480 (1945) BOARD OF LAW LIBRARY TRUSTEES OF THE COUNTY OF LOS ANGELES et al., Respondents, v. J. M. LOWERY, as County Auditor, etc. et al., Appellants. Civ. No. 14503. California Court of Appeals. Second Dist., Div. One. Jan. 8, 1945. J. H. O'Connor, County Counsel, S. V. O. Prichard, Assistant County Counsel, and Gerald G. Kelly, Deputy County Counsel, for Appellants. Paul V...
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This is an appeal by plaintiff in an action to recover a specified sum alleged to be due under the terms of a contract between plaintiff and defendant; and a second cause of action was for money had and received. The trial court found for defendant and from the judgment that followed, plaintiff appeals.. Briefly, it appears from the record that respondent was a merchant engaged in the furniture bu...
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67 Cal. App. 2d 486 (1945) LILLIAN J. McALPINE, Appellant, v. LOS ANGELES RAILWAY CORPORATION (a Corporation), Respondent. Civ. No. 14426. California Court of Appeals. Second Dist., Div. Two. Jan. 10, 1945. Clyde C. Downing for Appellant. Gibson, Dunn & Crutcher and E. H. Chapman for Respondent. WOOD (W. J.), J. Plaintiff commenced this action to recover for damages suffered when she w...
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67 Cal.App.2d 490 (1945) Estate of MARY A. DEL FOSSE, Deceased. KATE HILDEBRAND et al., Appellants, v. JAMES B. HUDSON, as Executor, etc. et al., Respondents. Civ. No. 14534. California Court of Appeals. Second Dist., Div. Three. Jan. 11, 1945. Samuel A. Miller and Donald Keith for Appellants. Julius V. Patrosso, Catlin & Catlin and Frank D. Catlin for Respondents. *492 DESMOND, P. J. On O...
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On October 13, 1942, the last will and testament of Mary A. Del Fosse was admitted to probate and James B. Hudson, proponent of the will, appointed executor without bond in accordance with its terms. Some months later a contest was filed by two elderly aunts of decedent, her only heirs at law, praying that the probate of the will be set aside. This the court, sitting without a jury, refused to do,...
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67 Cal. App. 2d 499 (1945) JOHN KERSCH, Respondent, v. ROY I. TABER, Appellant. Civ. No. 7100. California Court of Appeals. Third Dist. Jan. 11, 1945. L. N. Lorenzen for Appellant. C.J. Luttrell and Floyd Merrill for Respondent. THOMPSON, J. The plaintiff brought suit in assumpsit for repayment of $1,500 advanced to defendants upon a written contract to purchase from the owners a specified...
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This is an action to recover for services alleged to have been performed for the deceased, a claim therefor having been rejected by the administratrix of his estate. It appears, without question, that the plaintiff kept house for the deceased from July, 1929, until he died on December 28, 1943. The complaint alleged that on July 1, 1929, these parties entered into an oral agreement whereby the pla...
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This is an appeal by the contestant of a will from an order admitting that will to probate after trial of a will contest before the court sitting without a jury. Laura Schwartz, the deceased, lived at Los Angeles, where she- died on December 18, 1942, at the age of seventy-four years. Her sole surviving heirs at law were two sons, Harold I. Schwartz and Bernerd Schwartz. Both sons were married ...
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67 Cal. App. 2d 524 (1945) RUBY CARTER et al., Appellants, v. CITY OF LOS ANGELES et al., Respondents. Civ. No. 14499. California Court of Appeals. Second Dist., Div. Two. Jan. 12, 1945. Jerrell Babb for Appellants. Ray L. Chesebro, City Attorney, S. B. Robinson, Chief Assistant City Attorney, Mark A. Hall, Assistant City Attorney, George William Adams, A. L. Lawson and Wendell Mackay, Deput...
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This is a proceeding in eminent domain commenced by the People of the State of California acting by and through the Department of Public Works to acquire certain property for the relocation of a state highway. Trial was had by the court without a jury. Defendants and appellants are the fee simple owners of a small tract of land known as Boulder Park, containing about 70 acres, located at the cres...
Views: 9
This is an appeal by Barry Sullivan, one of the defendants, from a temporary injunction restraining him, pending the trial of the instant action in the superior court, from causing to be tried three certain actions which had been instituted by him and others in the justice’s court. The complaint is not in the record but the parties agree that the action is one to determine title and the right o...
Views: 5
This is an appeal by Charles Wellborn from an order quashing a writ of execution and setting aside an execution levy and sale of real property. In 1939 plaintiff herein was awarded a judgment annulling her marriage to Charles Wellborn and adjudging her to be the owner of certain residence property situated in the city of Los Angeles. The defendant was awarded a lien on the property for $1,250, wit...
Views: 7
The Pioneer Provision Company, a manufacturer of meat products, hereinafter referred to as the shipper, employed the defendant, a common carrier by motor trucks, to transport 7,598 pounds of chilled fresh sausage from Los Angeles to Camp Roberts, an army camp near San Luis Obispo. By reason of heavy rainfall which caused the highway to be closed, the defendant did not send the sausage forward i...
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Defendant was accused of the crime of murder. A jury found her guilty of murder of the first degree and fixed punishment at life imprisonment. Her motion for a new trial was denied, and she was sentenced to life imprisonment. Defendant appeals from the verdict, from the “judgment” denying her motion for a new trial, and from the sentence. Defendant contends: (1) that the evidence was insufficie...
Views: 12
The executor of the last will of John D. Van Ormer, deceased, has appealed from a judgment reforming a lease of real property and awarding plaintiffs judgment for return of $1,862.50 paid to the deceased as rental advanced pursuant to the terms of the lease, which was to be refunded in the event of sale of the property before the crops were planted. John D. Van Ormer lived at Turlock and owned ...
Views: 4
Plaintiff and defendant’s agent entered into an oral contract of purchase and sale of barley. This agreement was made in Los Angeles. The defendant is a corporation with its principal place of business in Fresno. Being advised of the contract by telephone, the defendant in writing, confirmed the sale on the same day. This confirmation was made at Fresno, and mailed to the plaintiff at Los Angeles....
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This is an appeal from a judgment of dismissal following the court’s action in sustaining defendants’ demurrer without leave to amend. The complaint alleges that plaintiff corporation has owned, maintained and operated a retail paint store in the city of Los Angeles as an incident to the business in which such plaintiff is engaged. The store is located on Santa Monica Boulevard in a two story fram...
Views: 0
67 Cal. App. 2d 586 (1945) WALTER D. TANNER, Appellant, v. S. B. SHERMAN, Individually and as Sheriff, etc., Respondent. Civ. No. 3149. California Court of Appeals. Fourth Dist. Jan. 18, 1945. Clyde E. Cate and Ralph Robinson for Appellant. Walter C. Haight, District Attorney, and John R. Locke, Jr., Deputy District Attorney, for Respondent. GRIFFIN, J. This is an action in claim and deliv...
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This is an appeal from a decree denying appellant’s petition to have the estate of Najeeb M. Malouf set aside to her. Appellant is his widow and Viola Malouf is their minor daughter who was made a beneficiary under the will of deceased. It was found by the trial court that the total value of the estate of deceased did not exceed $2,500, and that appellant’s estate did not exceed $5,000 in ...
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Plaintiff and respondent brought this action to partition certain real property under the provisions of *593section 752 et seq. of the Code of Civil Procedure. It is alleged that plaintiff and defendant Redlands Security Company, a corporation, hereinafter referred to as the company, are the owners as tenants in common of the real property described in the complaint; that plaintiff is the owner of...
Views: 0
67 Cal.App.2d 596 (1945) HOWARD E. LYTLE, Respondent, v. G. C. KROENKE et al., Appellants. Civ. No. 3289. California Court of Appeals. Fourth Dist. Jan. 18, 1945. John R. Barta and Harvey, Rimel & Harvey for Appellants. Roland Thompson and George E. Bradley for Respondent. MARKS, J. This is an appeal from a judgment striking a balance of accounts between plaintiff and defendants and awardi...
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This is an appeal from a judgment of dismissal after a demurrer to the first amended complaint had been sustained without leave to amend. The action involves the right of the appellant to share in the income from a trust fund established by the decedent, it being conceded that she *604 is entitled to one-half of the corpus of the trust estate at the termination of the trust. H...
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By stipulation of the parties to the above entitled actions, which were consolidated by order of the trial court, this appeal is submitted on the record in the Will case, it being agreed that the complaints are identical except as to the names of the parties and the locations of their businesses, and that the same judgment was rendered in both actions. . Plaintiffs’ amended complaints alle...
Views: 4
Petitioner, in a petition for writ of mandamus before this court,- alleges that he is plaintiff in an action filed in the Superior Court of Sacramento County, against the State Board of Equalization and its members, in which action he “seeks a review by way of trial de novo under the provisions of sections 46 and 47 of the Alcoholic Beverage Control Act of the actions and decisions” of the boar...
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In. this proceeding the Industrial Accident Commission made a finding that “John Ross, applicant, while employed as a grape picker, on September 22, 1943, near Modesto, California, by M. J. Freedman and Ed Hasson, then and there engaged in a joint enterprise to their mutual advantage and profit, to wit: the harvesting of grapes on the ranch of and owned by defendant M. J. Freedman; sustained injur...
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This is an appeal from an interlocutory decree in an' action for the partition of. real property situated in several counties. An agreed statement constitutes the record on appeal. .The parties appearing in the trial court consisted of plaintiff, Louise C. Maud, a grandchild, and named as defendants, certain grandchildren, the trustees for certain other grandchildren, and two great grandchildre...
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The executor of the will of Gus B. Caldwell, deceased, has appealed from three orders of the superior court as follows: (1) an order denying the executor’s petition to vacate an order awarding to the widow a family allowance of $100 per month from the date of death to the date of filing the inventory, amounting to the sum of $630; (2) an order setting apart to the widow, as property exempt from...
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The instant appeal was taken from an order interpreting the will of Maria Thramm. The will disposed of the estate which remained after the payment of debts and expenses as follows: “To Mr. Ernst and Walter Thramp now living in Berlin Germany, 37 Steinmetz Str $2000 each and if they be deseased to their heirs. Also my husband’s watch, his mother’s diamoi ring, cuff buttons and old ring should go...
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On January 23, 1937, plaintiff and his wife, by “Partial Assignment of Lease” assigned to defendant corporation a certain oil and gas lease dated July 2, 1928, between the United States of America, as lessor, and plaintiff, as lessee. Insofar as said lease pertains to and affects a portion of the lands originally demised under the “Partial Assignment” defendant agreed to make application to the S...
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In an information filed on May 18,1942, the defendant was charged with the crime of forgery in that he signed another man’s name to a check payable to himself and cashed the check. On June 3, 1942, he appeared in court with his counsel for the purpose of arraignment. He pleaded not guilty and the setting of the trial was continued to June 8,. 1942. On June 15, 1942, he came into court with his ...
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This is the first appeal mentioned in the opinion this day filed in People v. Sauer, ante, p. 664 [155 P. 2d 55]. *674This appeal was taken from the order entered on May 12, 1944, denying appellant’s various motions, the appeal being based on the ground that the court had erred in summarily denying these motions without a proper hearing and without producing the appellant in court, although an ord...
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This is an appeal by defendants doing business under the name of Basich Bros., a partnership, from orders of the trial court denying its motion for judgment notwithstanding the verdict and for a new trial, and from the judgment entered by the court pursuant to the verdict of the jury. The plaintiffs Don Mullanix and Julian C. Berry, by their joint complaint, alleged that about 3:30 o’clock...
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Plaintiff brought this action under the admiralty jurisdiction of the superior court to recover damages for injuries alleged to have been sustained when he slipped and fell on a landing or float, owned and maintained by defendants, after he had disembarked from a tug operated by defendants which had transported him from Vallejo to Mare Island, where he was employed by defendants as a pile drive...
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On June 15, 1943, plaintiffs were the owners of a homesite lot in the city of Los Angeles. On that day the defendant Harry F. Ulrich by a writing contracted for *699 the purchase of the property on the following terms, to wit: To pay two notes secured by trust deeds upon the premises in the sums of $1,539.31 and $1,027.33, in installments payable respectively at $17 and $33 per mon...
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This is an appeal from a judgment entered after a jury had returned a verdict for defendants in an action for damages resulting from a collision between two motor vehicles in the intersection of Shaw and Brayley Avenues in the county of Fresno shortly after five o’clock in the afternoon of November 23, 1942. Plaintiffs are husband and wife. They were traveling south on Brayley Avenue in a ...
Views: 9
The appellant, Daisy Rickman, was found guilty by a jury of selling opium in violation of section 11160 of the Health and Safety Code, and as a punishment therefor she was sentenced to imprisonment in the county jail for a term of one year. The opium was purchased from appellant by a woman operator in the employ of the State Narcotic Division, and the sale took place in front of a shoe shining ...
Views: 16
This is an appeal by defendant from a final decree which awarded plaintiff a divorce, and purported to award her a half interest in defendant’s cause of action for personal injuries sustained subsequent to the entry of an interlocutory decree. The attempted division of the cause of action may not be sustained unless the cause of action itself was “property” acquired by the husband after marriag...
Views: 10
Plaintiff brought this action to quiet title to a quarter section of land in Butte County. Defendant Barbara Sullivan appeared, and defendant Webster defaulted. No other defendants were served with process, and the action was dismissed as to them. Mrs. Sullivan, in her answer, claimed an interest in the property described, alleging that on August 23, 1934, while it was owned by Dora B. Webster,...
Views: 4
This is an action to quiet title to real property as against any rights of the defendant arising out of certain contractual relations between her deceased husband, D. R. White, and the plaintiff. D. R. White and the plaintiff executed a written agreement dated January 10, 1938. By way of preamble it recited that the plaintiff owned certain land upon which was an oil well which was not then in prod...
Views: 0
Pursuant to the authority granted by section 14 of the Alameda County Charter, authorizing the establishment of a retirement system for the benefit of “county employees,” the board of supervisors passed an ordinance, which was approved by a vote of the electors, setting up such a system. The plaintiff herein holds an elective office in the county, namely, that of county clerk; and he brought this ...
Views: 2
Two suits for the reasonable value of services performed by sisters of Mary Collier, deceased, were consolidated for the purpose of trial. In spite of the fact that the court found the deceased did not agree to pay either of the plaintiffs “the reasonable or any other value for such services,” judgments were rendered in their favor. Sara B. Collier was awarded the sum of $400 and costs, and Lilli...
Views: 4
The respondent demurred to petitioner’s application for a writ, of certiorari, on the ground that it fails to state a cause authorizing the issuance of the writ. The petition alleges that Clarence Stoner brought suit in the Superior Court of Yolo County against his wife Gertrude *761 Stoner, under section 82 of the Civil Code, for annulment of his marriage, on the ground that at the time of s...
Views: 2
This appeal is from a judgment for plaintiff in an action for the conversion of the vessel ‘ ‘ St. Mary. ’ ’ The historical background is set forth in Balestreiri v. Arques, 49 Cal.App.2d 664, 665-666-667 [122 P.2d 277], an action for declaratory relief, in which Balestreiri was named as plaintiff and respondent, and Arques as defendant and appellant. We quote the facts fr...
Views: 8
This is an appeal by the defendant from a judgment in favor of the plaintiff who was the sole beneficiary under a policy of life insurance issued by defendant on the life of Garrett O. Wigell. The action was defended upon the ground that the policy lapsed prior to the death, of the insured and this is the sole issue in the case. The exact *781question is whether there were sums in defendant’s hand...
Views: 6
In an information filed in the Superior Court of Sacramento County defendant was charged with a violation of section 278 of the Penal Code, in that on or about the 1st day of September, 1943, he wilfully, maliciously, forcefully and feloniously took a boy of the .age of 12 years away from his mother with the intent to detain and conceal said child from his parent. He was convicted and now appeals...
Views: 0
Defendant was charged by information with violation of Penal Code section 286. Four prior convictions, three for similar offenses, and one for grand larceny, were also charged. Upon arraignment he admitted the prior convictions, and entered pleas of not guilty and not guilty by reason of insanity. The jury returned verdicts of guilty of ' “an .attempt to violate section 286 of the Penal Code” and...
Views: 15
Plaintiff and defendants were engaged in the business of milling and selling poultry feed. Plaintiff’s place of business was in Los Angeles County; defendants’ place of business in Riverside County. The plaintiff was going out of business in 1942; defendants were advised of it, and the parties negotiated a sale by plaintiff to the defendants of a pellet machine. A pellet machine transforms mash or...
Views: 0
67 Cal.App.2d 800 (1945) Estate of HENRY H. CLINE, Deceased. MADYLON M. BROWN, Appellant, v. MAURINE PHYLLIS CLINE RAINVILLE, as Administratrix, etc., Respondent. Civ. No. 14664. California Court of Appeals. Second Dist., Div. One. Feb. 5, 1945. Warner I. Praul and Porter & Sutton for Appellant. Michael F. Shannon and Thomas A. Wood for Respondent. WHITE, J. This is an appeal from an o...
Views: 6
This is an appeal from an order denying a petition for partial distribution. The decedent, Henry H. Cline, died testate on the 17th day of June, 1937. His will dated December 11, 1936, was duly admitted to probate. The third paragraph of said will reads as follows: “I hereby give and bequeath to Madylon M. Brown of Los Angeles, Calif, the sum of Three Thousand ($3,000.00) Dollars, inherited by me ...
Views: 0
Petitioner was adjudged guilty of contempt of court and sentenced to serve five days in the County Jail of Los Angeles County for disobedience of an order, which was made on November 6, 1944, in connection with a divorce action instituted by her against her husband, Rudolph Eisner, requiring her to pay to him the sum of $225, as and for alimony pendente lite and attorney’s fees. By the instant ...
Views: 8
On November 3, 1932, the appellant company issued an automobile liability policy to Helmut Hardt covering a specified automobile. On October 23, 1933, Hardt, while driving the automobile in question, injured William Kingston. In March of 1934 Kingston sued Hardt for the injuries so received. In that action Hardt was defended by appellant company pursuant to the terms of the policy. In June of 1...
Views: 12
Plaintiffs, Helen M. Lowe and Elsa K. Dernkam, who are legatees of certain real property under the will of Josephine Wester, brought this action against Albert J. Ruhlman and others for the purpose of having it determined that Ruhlman’s life estate in the property had terminated by reason of Ruhlman’s alleged breach of a condition subsequent. The trial court determined that there had been no brea...
Views: 11
This is an original application for a writ of habeas corpus on the ground that petitioner is being illegally held in custody. The undisputed facts are these: Petitioner is a parolee from San Quentin Prison. On *836November 24, 1944, he was placed in the custody of the Sheriff of Los Angeles County at the instance of his parole officer. Thereafter at a meeting of the Adult Authority, held at San Fr...
Views: 18
Petitioner, George W. Davis, has been convicted of grand theft. His appeal is now pending. By this application he seeks from this court an order admitting him to bail pending the appeal. Such an application was first made to the trial court, and was there denied.' That court also denied his petition for probation. The application recites the conviction and the taking of the appeal,' and- then all...
Views: 13
This is an appeal from an order denying plaintiff’s motion, made under the provisions of section 473 of the Code of Civil Procedure, to set aside an order granting a motion for a nonsuit in a will contest. These are the essential facts: On May 22, 1942, the trial court granted defendants’ motion for a nonsuit in a will contest. Thereafter this order was reversed by the District Court of Appeal and...
Views: 0
From a judgment in favor of defendant after trial before the court without a jury in an action to cancel a deed, plaintiff appeals. The evidence being viewed in the light most favorable to the defendant (respondent), and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 [146 P.2d 424], the essential facts are: On April 9, 1943, plaintiff deeded a- parcel of real ...
Views: 8
Plaintiff appeals from a judgment rendered in favor of defendants Security-First National Bank of Los Angeles and Assets Corporation. The action was for an accounting and the complaint alleged that a trust relationship existed between plaintiff and the defendants, that defendants had violated certain duties which they owed plaintiff as her trustee and had failed to render an accounting to her, ex...
Views: 15
Plaintiff, a test pilot, brought suit for $2,500 against defendant, a manufacturer of aircraft, as the balance of an agreed price for the testing of a glider which defendant was manufacturing for the Air Corps of the War Department. Plaintiff upon full performance of his contract was to receive $5,000 for his services, he was paid $2,500, and was sued by cross-complaint for the sum of $1,000 whic...
Views: 0
California Employment Commission has appealed from a judgment which was rendered against it in a suit instituted under section 37 of the Unemployment Insurance Act of California (Stats. 1935, p. 1226, as ámended; Deering’s Gen. Laws, 1939, p. 1697, Act 8780d) to collect from the respondent, who was engaged in baling hay on contract with farmers in Yolo County, alleged delinquent assessments levie...
Views: 2
Defendant appeals from a judgment- reforming a property settlement agreement entered into by the parties at a time when they were husband and wife. The agreement which was executed on October 29, 1942, provided for the division of their community property and for the payment of $150 per month by the husband to the wife for the period of three years. The agreement contained the following provisi...
Views: 3
From a judgment in favor of defendants after trial before the court without a jury, in an action for an accounting and dissolution of an alleged joint venture, plaintiff appeals. *879 The evidence being viewed in the light most favorable to the defendants (respondents), and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the essential fa...
Views: 11
From a judgment of guilty of grand theft, after trial before the court without a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial. The evidence being viewed in the light most favorable to the People (respondent), the essential facts are: On November 23, 1943, Mr. Karsh left his Cadillac sedan in front of 1388 West Washington Boulevard, Los A...
Views: 12
Defendant appeals from a judgment following a verdict of guilt in a prosecution for assault with a deadly weapon, a .32 automatic pistol, upon the person of one Robert J. Breese. Upon his appeal he challenges the sufficiency of the evidence to establish guilt and complains of error in instructions that were given and in the refusal of an instruction. It is claimed by defendant that there was not ...
Views: 6
Plaintiff appeals from a judgment after order sustaining general and special demurrers to a second amended complaint, without leave to amend. The complaint purports to set forth a cause of action upon a contract claimed to be -within the code provisions that “A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.” (C...
Views: 1
Demurrer to plaintiff’s amended complaint was sustained with leave to amend. Upon failure to amend, after notice, judgment for defendant was made and entered, from which plaintiff appeals. Inasmuch as the decision necessarily turns upon whether a cause of action is stated by the amended complaint, the following is substantially its content: Plaintiff and defendant appear as administrator and execu...
Views: 14
67 Cal.App.2d 901 (1945) THE PEOPLE, Respondent, v. WILLIAM ALLEN SUKOVITZEN, Appellant. Crim. No. 1892. California Court of Appeals. Third Dist. Feb. 5, 1945. William Allen Sukovitzen, in pro. per., for Appellant. Robert W. Kenny, Attorney General, and James O. Reavis, Deputy Attorney General, for Respondent. Memorandum THE COURT. The appellant, William Allen Sukovitzen, was convicted in...
Views: 7
This is an appeal by the People from an order dismissing a complaint which declared, first, that the defend*903ant, on or about the 8th day of October, 1943, had violated section 476 of the Vehicle Code by not stopping his vehicle when he was faced by a traffic control signal which told him to stop, and, second, that within the year the defendant had been convicted of disobeying that same section....
Views: 0
The appellant, William Allen Sukovitzen, was convicted in the Superior Court of the State of California, in and for the County of Sacramento, on October 17, 1944, of the crime of robbery of the first degree, a felony. The transcript on appeal was filed in this court on November 27, 1944, and the clerk of this court duly notified appellant of the filing of same and advised him that he had thirty (3...
Views: 0

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