Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → cal-app-2d → Volume 92

Opinions in cal-app-2d Volume 92

The plaintiff and the defendant Phillips were married in 1941. In October, 1944, they contracted for the purchase of a house and lot in Fresno which they occupied as a home. On February 19, 1945, this property was deeded to them as “Eobert M. and LaVerne J. Phillips, husband and wife, as joint tenants. ’ ’ This deed was recorded on May 18, 1945. In December, 1945, these parties separated and the p...
Views: 0
92 Cal.App.2d 6 (1949) Estate of IDA HENRIETTA HYDE, Deceased. THE JOHNS HOPKINS UNIVERSITY et al., Appellants, v. THOMAS H. KUCHEL, as State Controller, etc., Respondent. Civ. No. 13896. California Court of Appeals. First Dist., Div. One. May 23, 1949. Clark, Nichols & Morton for Appellants. James W. Hickey, Richard C. O'Connor and Charles J. Barry for Respondent. PETERS, P. J. The Jo...
Views: 3
The Johns Hopkins University of Maryland, and the executor and executrix of the will of Ida H. Hyde, appeal from that portion of the order of the probate court imposing, over their objections, an inheritance tax on certain properties transferred to the university by decedent during her lifetime. Admittedly, no trusts were created by the transfers, inasmuch as Maryland prohibits charitable trusts. ...
Views: 0
This is an appeal from an order directing defendant administratrix to pay plaintiff $4,000, plus interest and costs, as restitution of that amount which was paid deceased by plaintiff for shares of stock sold by deceased before a permit had been issued and therefore in violation of the Corporate Securities Act [Stats. 1917, p. 673; 2 Deering’s Gen. Laws, Act 3814], The complaint states two...
Views: 10
This is an appeal from a judgment upon a jury verdict in favor of plaintiff, George Gibson. On June 4, 1945, plaintiff, a truck driver employed by Maas Steel Company, recovered a judgment in the sum of $65,000 against Columbia Stamping and Manufacturing Company for personal injuries suffered while unloading some sheet steel which he was delivering to Columbia. Columbia became bankrupt, and the ...
Views: 11
Defendants, individually and as copartners, appeal from a judgment entered after a jury verdict of $4,000 in favor of plaintiffs in a personal injury action, the result of an automobile accident. It is alleged in the complaint that in February, 1946, defendants so negligently parked a tractor and semitruck on a highway as to cause to violently collide with it an automobile operated by Frank Castr...
Views: 1
The appellant’s amended complaint seeks recovery based upon an alleged assignment to appellant by one Robert L. Neville, doing business as Neville Industries, of all moneys to come due by virtue of a purchase order under which the respondent Peters, doing business as Peters Metal Products Company, ordered certain aluminum eastings from Neville. In the language of appellant’s brief, recovery is sou...
Views: 0
This is an appeal by plaintiff from the judgment following a jury verdict for defendants. According to appellant, “Plaintiff, Lauretta M. Garcia, seeks to recover damages for personal injuries and moneys expended as a result thereof, caused by the negligence of defendant, police officer, John Twiford, while engaged in the *54due course of Ms employment, at which time he used an automobile owned by...
Views: 1
Defendant was charged with the murder of his wife. In a trial by jury, under his plea of not guilty, he was convicted of murder in the first degree, and the punishment was fixed at life imprisonment. In the trial before the same jury, under his plea of not guilty by reason of insanity, the verdict was that he was sane. He appeals from the “conviction” and from the order denying his motion for a...
Views: 11
Plaintiff sued in mandate to compel the issuance of a building permit. Following a trial on an agreed statement of facts the trial court denied the application, basing its judgment on a written opinion which we quote in full and adopt as the opinion of this court, with minor editing. It follows: “This is a proceeding in which plaintiffs seek a writ of mandamus to compel the defendant to issue a bu...
Views: 12
This action for divorce was tried as a default. At the close of plaintiff’s case, the trial judge stated that there was not sufficient evidence to sustain a finding of extreme mental cruelty. Judgment followed denying plaintiff’s prayer for a divorce. The plaintiff testified that her husband was in the military service, stationed in Hawaii; that when the minor child of the parties was born in 1947...
Views: 7
The parties to this action became involved in a controversy respecting their rights under the following provision in a lease of real property: *89 “At the expiration of this lease, Lessor agrees to give Lessee first refusal for an additional term of lease, at rentals and terms to be mutually agreed upon at that time, provided, the said Lessee shall faithfully comply with and perfo...
Views: 5
By a petition for determination of heir-ship, the heirs at law of Cathryn Braun Ball, the predeceased spouse of the intestate, Arthur Ball, seek distribution to them under sections 228 and 229 of the Probate Code of all of the separate property of Cathryn Braun Ball, and one-half of all of the community property of said predeceased spouse and decedent. In opposition to such petition, the heirs ...
Views: 4
This is an appeal from an order denying the motion of appellants Ash to quash a writ of execution issued after entry of judgment upon a cross-complaint in favor of the appellants’ codefendant, the respondent Pianka, in an original action brought by Pfeiffer to foreclose a mortgage on real property executed by appellants to secure their promissory note. The pertinent portions of the record ...
Views: 1
In 1935, Narcissa Hanna employed Samuel Taylor, an attorney at law, to collect three notes totaling $750, with interest at 7 per cent, all dated February 23, 1932. These notes were signed by the defendants and were payable to Mrs. Hanna “and/or” her former husband. Mrs. Hanna delivered these notes indorsed in blank to Taylor with instructions to collect them. A few small payments were made and on ...
Views: 2
Plaintiff's automobile having need of mechanical improvement, he left it with defendant’s service department. Upon his return several hours later he engaged in conversation with the mechanic who had made the repairs. While the workman was explaining that he had installed a new fuel pump he dropped the old one upon plaintiff’s great toe. Judgment was entered upon the verdict for plaintiff from whic...
Views: 9
Charles Willis Moore, also known as C. W. Moore, died November 30,1947, leaving as heirs at law a sister and numerous nieces and nephews. Celina Thomas, a niece with whom decedent had been living, was appointed administratrix of his estate. In January, 1948, Mrs. Thomas found in decedent’s Bible a document purporting to be the will of decedent, which she offered for probate. Florence Kalb, anothe...
Views: 1
Petitioner has idled separate petitions for the review of two awards made by respondent Industrial Accident Commission in favor of N. E. Huffman, said awards being based upon an alleged injury to Huffman’s left shoulder on August 23, 1947, and a later injury to his hip and back incurred September 13, 1947, both sustained while he was *126 employed by the Winter King Packing Company...
Views: 1
On January 13, 1949, respondent filed in this court a notice of motion to dismiss this appeal, which notice was accompanied by a certificate of the clerk of the *130trial court in conformity with rule 42(a) of the Rules on Appeal, and an affidavit of due service upon appellant’s counsel. The clerk’s certificate shows that on December 7, 1948, appellant’s attorneys were notified of the cost of prep...
Views: 0
Plaintiff owned a little restaurant in which she also dispensed soft drinks. On July 12, 1946, she had two coca cola refrigerated boxes which she purchased from the previous owner of the café. One was not in use. The top of the other was hinged across the center so that one-half could be lifted up and laid down on the other half. It was partially filled with water for cooling purposes. Plaintif...
Views: 9
This appeal was taken by Arthur C. Svoboda, the father of Linda Svoboda, a minor, from an order granting letters of guardianship of her person to respondent Gladys L. Hurst, her mother. Appellant and respondent were married in Illinois in 1938. In 1945, respondent sued appellant in the Superior Court of Cook County, Illinois, where they lived, and on August 31, 1945, was awarded a divorce on th...
Views: 2
Appellants sued to recover a fire loss of $1,839.48, on an insurance policy written by respondent. Judgment, entered on the findings, was in favor of the insurer for its costs, and this appeal was taken. Appellants own a frame store building in San Jose. On July 4, 1945, respondent issued the policy in suit covering the property for $2,600 “while occupied only for barber shop purposes.” Appellant ...
Views: 2
Appellant sued respondent for $5,000 in an action for money had and received. The $5,000 was escrowed with the title company which was joined only because of the escrow. It paid the $5,000 into court and was dismissed from the case. A judgment against the plaintiff, which awarded the $5,000 to respondent, was entered on the findings, and. this appeal followed. The litigation arose out of a...
Views: 14
Appellants filed a complaint against respondents Frederick and Hill and others upon an alleged contract for the purchase of certain real and personal property. The action went to trial against Frederick and Hill alone and judgment was entered in favor of these defendants. Respondent Frederick is a real estate broker and respondent Hill is his salesman. Frederick had acquired an option to purcha...
Views: 1
The appeal is from an order made in probate denying a motion made under section 473 of the Code of Civil Procedure to amend an order confirming a sale of real estate. The motion was based upon the ground that the portion of the order directing the administratrix to pay a commission on the sale to a real estate broker was inadvertently made because valuable services had not been rendered by him. ...
Views: 3
Plaintiffs brought this action for the recovery of the sum of $2,362.05, designating their complaint as one for reformation of a contract and for damages. They were awarded the amount prayed for and the defendant appeals. The cause of action is upon a written contract which the trial court found entitled plaintiffs to receive for their services as real estate brokers, the difference betwee...
Views: 2
Action by Sanford Novack, a minor, by his guardians ad litem, for damages for personal injuries sustained by him on the playground of a public school. At the close of plaintiff’s case, in a trial by jury, defendants’ motion for a nonsuit was granted. Plaintiff appeals from the order and judgment of nonsuit. The accident occurred on Sunday afternoon, September 22, 1946, at the Sheridan Street ...
Views: 4
Marc Silver, a beneficiary under a testamentary trust created by the will of Isador Silver, deceased, *174 appeals from an order of the superior court awarding Helen Silver, decedent’s widow, a family allowance. Facts: By the last will and testament of Isidor Silver he created a testamentary trust of which Marc Silver (appellant) was a beneficiary. Helen Silver, decedent’s widow, filed a pe...
Views: 7
This is an appeal from a judgment in favor of defendants predicated upon the sustaining of their demurrer without leave to amend to plaintiff’s second amended complaint, seeking to have his resignation from the Police Department of the city of Los Angeles cancelled on the ground of fraud and duress. There is also a purported appeal from the order sustaining the demurrer. Facts It was ...
Views: 5
Defendant city appeals from a judgment in favor of plaintiff after trial before a jury in an action to recover damages for injuries resulting from a collision between an automobile in which plaintiff was riding and a motor vehicle driven by an employee of defendant acting within the scope of his employment. *183 Facts A judgment for $22,500 was rendered against defendant because of damages ...
Views: 3
This proceeding in mandate involves the right of petitioner to become a member of the Alameda County Employees’ Retirement Association. Specifically it requires a determination of the question whether an elective officer has a right to membership and subsequent retirement under the provisions of the retirement law and the Constitution. If this question is answered in the affirmative then the d...
Views: 7
The defendant was charged, by an information, with an assault with a deadly weapon upon Albert C. Durand, and with two prior convictions. He admitted the two priors, and pleaded not guilty to the main charge. He was found guilty by a jury, and from the judgment entered upon the verdict prosecutes this appeal. There is no doubt but that the evidence shows that defendant assaulted Durand, the bas...
Views: 15
Plaintiffs and appellants, purchasers of five lots in the “Henry J. Brown Wilshire Terrace Tract” in the city of Los Angeles, upon which they desired to erect apartment houses, brought an action to quiet title and for declaratory relief against some of (but not all) the owners of other property in the tract, seeking to have set aside restrictions to single family residence purposes which had been...
Views: 5
This appeal is prosecuted by plaintiff from a judgment entered on the verdict of the jury in favor of defendant, and is presented upon the judgment roll and a settled statement on appeal. From, such statement it appears that appellant was a passenger on a bus owned and operated by respondent, and as the bus was leaving the Cahuenga station at 4:30 a. m. of September 6, 1946, it collided with a rub...
Views: 1
According to appellant’s brief this is an appeal by the defendant city “from a judgment in of the plaintiff for damages for bodily injuries and property damage caused by a collision between plaintiff’s automobile and motor vehicle driven by an employee of the defendant within the scope of his employment. The sole question in*215volved is whether the plaintiff complied with the statutory requiremen...
Views: 2
Neva Nelson, formerly the wife of Albert E. Galvin, as contestant to the probate of his will appeals from the “Decree First and Final Account Distribution of the Estate” of Albert E. Galvin, filed February 18, 1948, and from an amendment thereto filed April 2, 1948. Albert E. Galvin’s will, dated April 30, 1946, named his brother as executor. He bequeathed his “home & furniture” to a sister, nephe...
Views: 0
Clarence Abernathy, acting as a pilot for Nat’s Air Transportation Service, was, on October 17, 1946, killed in an airplane crash. In addition to his duties as pilot, Abernathy was secretary of Nat’s Air Transportation Service, a corporation, but received no remuneration for performance of the secretary’s duties. The employer’s insurance carrier, petitioner, denies liability on the ground that ...
Views: 6
In an information filed by the District Attorney of Los Angeles County, defendant was accused in two separate counts of the offenses of grand theft, the grand theft from the person. The information also charged the defendant with a prior felony conviction which was admitted. In view of the fact that the jury was unable to agree on the verdict as to count I and that the same was subsequently dis...
Views: 11
The primary question for decision is whether the owner of oil wells is liable for damages on account of injuries resulting to a workman in the employ of a contractor who undertakes to clean the wells by using appliances of the owner where a reasonable inspection thereof by the contractor disclosed no patent defect. Such liability having been adjudged by the court below, the owner has brought th...
Views: 16
This is an action to recover for services rendered in connection with the sale of real property. From a judgment in favor of defendant after the sustaining of a demurrer without leave to amend, plaintiff appeals. The sole question for us to determine is whether plaintiff’s cause of action is barred by subdivision 5 of section 1624 of the Civil Code. * The material allegations ...
Views: 4
Action for damages for alleged trespass. From a judgment in favor of defendants plaintiff has appealed. Plaintiff, with his wife and children, were tenants in possession of a dwelling in Los Angeles of which defendants were the owners. Defendant Max Salisbury, a veteran, having no home and needing a place of abode for himself and family, obtained a certificate relating to eviction from the Office ...
Views: 0
Having been convicted by the court without a jury of eight violations of the Corporate Securities Act (Stats. 1917, p. 673; 2 Deering’s Gen. Laws, Act 3814) appellant demands a reversal of the judgments on two grounds, to wit, (1) the evidence is insufficient and (2) the act as construed by the trial court violates due process of law and equal protection of the law guaranteed by the Fourteenth ...
Views: 3
This is an action for declaratory relief under an oil and gas lease and to require lessor to pay the cost of dehydrating oil. In this proceeding plaintiff seeks declaratory relief to determine the rights and duties of the lessor and lessee with respect to the dehydration or cleaning of the oil produced under an oil and gas lease executed by plaintiff’s predecessor, as lessee, with the predecess...
Views: 2
This is an appeal from an order and judgment made under section 1020.1 of the Probate Code determining that an assignment by Georgia May Larson to appellant of a portion of her interest in the estate of Frederick 0. Larson was null and void. At the threshold of this appeal we are met with a dispute over what constitutes the record on appeal. The appellant filed a timely notice of appeal. H...
Views: 7
Defendant and cross-complainant in a divorce action in which each party alleged cruelty appeals from a “particular part of the judgment . . . awarding and allotting to the plaintiff and cross defendant the real property standing in the joint names of the parties and consisting of a certain lot of land . . . together with the improvements thereon. ’ ’ *275 The only question involved on appeal ...
Views: 13
Demurrer to plaintiff’s complaint was sustained without leave to amend, and judgment followed. Therefore, a somewhat detailed statement of the allegations of the complaint is necessary. The complaint alleges: 1. That the plaintiff, Faye F. Hamilton, appears by guardian ad litem; that the plaintiff and the defendant George D. Ferrall are sister and brother, and that their father died in 1940...
Views: 4
John Angus and others, herein referred to as plaintiffs, brought an action against Howard M. London for the recovery of $4,500 damages for the alleged breach of a contract to buy two vacant residential lots. The amended complaint alleged an agreement in the form of escrow instructions to a bank. Defendant answered; denied that he had entered into a written agreement of purchase; denied that the...
Views: 3
This is a proceeding to review an award made by the Industrial Accident Commission upon a claim of permanent disability, following an award for temporary disability. On August 7,1942, Joseph Smith sustained an injury while in the employ of Broadway-Locust Company, Incorporated. On October 29, 1942, he filed an application for compensation with the Industrial Accident Commission; and on *...
Views: 14
92 Cal.App.2d 296 (1949) Guardianship of BILLY HAROLD SLOOT, a Minor. LORNE A. CAMPBELL, Respondent, v. BEATRICE IMOGENE CAMPBELL GATES, Appellant. Civ. No. 7602. California Court of Appeals. Third Dist. June 8, 1949. Campbell, Hayes & Custer and Austen D. Warburton for Appellant. Griffin & Cardozo and Herbert E. Paul for Respondent. ADAMS, P. J. This is an appeal from an order of ...
Views: 4
This is an appeal from an order of the Superior Court of Stanislaus County, granting letters of guardianship of the person of Billy Harold Sloot, aged about 2% years, to Lome A. Campbell, great-uncle of the boy. Appellant, who is the mother of said child, opposed the application of petitioner. The court made no findings. The testimony shows that on January 17, 1947, an interlocutory divorce decree...
Views: 4
This is an appeal from a judgment of dismissal in an injunction proceeding after sustaining general demurrers to the complaint without leave to amend. The plaintiffs are Western Gulf Oil Company and the Texas Company. One group of defendants are The Ohio Oil Company, General Petroleum Corporation of California, Union Oil Company of California and Barnsdell Oil Company, and will hereinafter be r...
Views: 0
This is an appeal from a California judgment establishing a Nevada divorce decree as a valid foreign judgment. Plaintiff filed a complaint charging extreme cruelty and failure to provide and prayed for separate maintenance, community property, attorney fees and costs. Defendant answered by denying the allegations of cruelty and failure to provide and set up an absolute decree of divorce secured...
Views: 2
This is an action to recover damages for unlawful eviction; for personal injuries sustained in an assault and battery committed upon plaintiff by defendants in furtherance of the eviction; and for treble damages for excess rent paid by plaintiff. The amended complaint alleges in substance that plaintiff rented the house from defendants, and that while in lawful possession thereof, the defendant...
Views: 5
The testator, John L. Ridgway, died on December 17, 1947, aged 85; Loretta Ridgway, a second wife, survived, together with testator’s five adult children by a previous marriage, contestants and appellants herein. The respondent, Loretta Ridgway, petitioned for probate of a testamentary instrument dated March 18, 1947. Contestant *326 Claude A. Ridgway then petitioned for prohate of a previous w...
Views: 1
From a judgment in favor of defendant insurance companies predicated upon the sustaining of their demurrer to plaintiff’s complaint as amended in an action to recover upon a contract of indemnity insurance, plaintiff appeals. Facts : The Los Angeles Municipal Code provided that an applicant in order to place benches on streets in the city of Los Angeles must, as a condition precedent to th...
Views: 2
Plaintiff in a divorce action appealed from those portions of an interlocutory decree of divorce which awarded her only 60 per cent of the community property. The sole question involved is whether the trial court abused its discretion in granting plaintiff, to whom it awarded a divorce on the ground of extreme cruelty, only 60 per cent of the community property. Pleadings Plaintiff wife bro...
Views: 10
Appeal by plaintiff from an order of the superior court setting aside a judgment of divorce and permitting defendant to file an answer and cross-complaint, made on a motion under section 473 of the Code of Civil Procedure. The sole question involved is whether the trial court in making such order abused its discretion. Record In a divorce action brought by plaintiff husband against defendan...
Views: 6
Petition for a writ of habeas corpus. The principal question is whether in a proceeding of this kind, the recital in the judgment of the juvenile court that due notice *353 of the hearing, in which a child was declared a ward of that court, was given to its mother, is binding on this court. The petition sets forth that on August 5, 1945, Martha Ann Orosco was born to Lupe Oros...
Views: 6
In an information filed by the District Attorney of Los Angeles County, defendant was charged with a violation of section 11500, Health and Safety Code, a felony, in that he did on or about April 14,1948, have in his possession a preparation of heroin. Following entry of a plea of not guilty and waiver of a jury, the cause proceeded to trial before the court, resulting in a decision adjudging t...
Views: 9
On the cross-complaint of Mrs. Weedon, an interlocutory decree of divorce was entered February 3, 1943. Pursuant to a “Property Settlement Agreement” executed by the couple two months prior to the decree, the court ordered appellant to pay his wife “for her support and maintenance the sum of . . . $66.67 per month . . . subject to all the terms ... in paragraph 7 of said property settlement agree...
Views: 14
Appeals from orders appointing a receiver in each action. The ensuing discussion involves the issues of cause 16910. The conclusions derived will be applied to the companion cases. Appellant is the owner and operator of numerous oil-bearing properties in which respondents claim various interests. By a previous action respondents had been awarded a substantial judgment against appellant based upon ...
Views: 1
Appeal from order denying petition for writ of error coram nobis. Appellant was convicted of murder of the first degree, and the jury fixed the punishment at life imprisonment. Judgment on the verdict was rendered on May 29, 1946, and no appeal was taken therefrom. On June 13, 1947, appellant made a motion for a “Writ of Review and Request for a new trial, ’ ’ and on that day the court denied...
Views: 9
Appellant Rich sued defendant Riverbank Canning Company to recover damages for the failure of defendant to take and pay for a crop of tomatoes grown by appellant in 1944, for the purchase of which defendant had contracted. It was alleged in plaintiff’s complaint that defend*379ant had agreed to furnish plaintiff with picking boxes at his field, but had failed to furnish a sufficient number, and th...
Views: 0
Respondents Abdul Rahim and Abdul Khanan brought this action to have it adjudged they were the owners of a lease on the Metropolitan Hotel in Sacramento, that appellants Ali Akbar and Khan Bahadar held the lease in trust for them, that an assignment of respondents’ interest in the lease to appellants be set aside on the ground of fraud and deceit, and that appellants be required to assign the leas...
Views: 0
The defendant has appealed from a judgment of $2,106, which was rendered against her in a suit for damages for fraud exercised in procuring plaintiff to execute a written contract of employment as her agent to go to Alaska and sell properties to which she positively claimed title and ownership, when in fact she knew, or was charged with knowledge, that she did not own a substantial portion ther...
Views: 7
The defendants have appealed from a judgment in favor of plaintiff, rendered pursuant to an order sustaining a demurrer to the amended answer without leave to amend the pleading. The judgment restrains defendants from constructing or maintaining an automobile garage and repair shop on plaintiff’s right of way and easement beneath the wires and electric lines on and across defendants’ land. The ...
Views: 0
These two cases were consolidated for trial. Miller sued Boynton and others to enjoin the construction of a street through his property. Nordstrom sued Miller and others to establish an easement for street purposes through the Miller property. Both judgments were for Miller. The notices of appeal are limited to Fowle, Boynton and Nordstrom and these join in a brief which states the issues to be...
Views: 2
By an information the appellant was accused of murder, in that on December 19, 1947, in Santa Clara county he did “willfully, unlawfully, feloniously, and with malice aforethought, kill and murder Raymond Coyne. ’ ’ Incidentally, he was charged with carrying a deadly weapon, a .25 caliber Colt automatic pistol, without a license. He pleaded not guilty. He was tried by jury and a verdict of guil...
Views: 8
The within action to quiet title involves a lot sold to the state for delinquent county and city taxes for the fiscal year 1931-32 and purchased by plaintiffs from the state at a tax sale on August 22,1945. On May 16, 1947, the same lot was sold by the treasurer of the city of Los Angeles to one E. A. Stevens as the result of proceedings for the foreclosure of an improvement bond issued Decembe...
Views: 0
92 Cal.App.2d 420 (1949) Estate of PATRICK H. LEONARD, Deceased. LEONARD J. MOORE, Contestant and Appellant, v. ELLEN BAGWELL, as Executrix, etc., Proponent and Appellant. Civ. No. 7551. California Court of Appeals. Third Dist. June 15, 1949. Curtiss E. Wetter and Rawlins Coffman for Contestant and Appellant. Stanley H. Pugh and William H. Stoffers for Proponent and Appellant. PEEK, J. By ...
Views: 6
By his last will and testament dated January 8, 1947, Patrick H. Leonard devised all of his estate, “both real and personal, and wheresoever situate, to my sister Ellen Bagwell and my said sister Margaret Danielson and to my brother-in-law, Herman Danielson, husband of said Margaret Danielson, share and share alike. ’ ’ He died on September 26, 1947, and on September 30, 1947, the executrix therei...
Views: 0
Defendant was charged, by information, with the crime of armed robbery in that “he did, while armed with a certain deadly weapon, to wit, a gun, rob one Carl Torres. ’ ’ He admitted three prior felony convictions in 1932, of armed robbery, first degree, and that he served a term therefor in San Quentin, and a fourth previous felony of assault with a deadly weapon with intent to commit murder, com...
Views: 9
This is an appeal from a judgment of dismissal of this action on the day set for its trial, and from an order denying appellants’ motion to restore the cause to the trial calendar and to set aside their default. On August 28, 1946, the complaint was filed alleging negligence of the defendant Pacific Greyhound Lines, its bus driver defendant Hurbaee, and defendant Hawkins, who was the drive...
Views: 7
Appeal from judgment confirming arbitration award. Under contracts entered into in December, 1945, and February, 1946, appellants granted to respondent an exclusive license throughout the world excepting Canada to manufacture and sell popcorn machinery and equipment. Disagreements arose between the parties concerning the interpretation of the contracts and respondent asserted that appellan...
Views: 12
Plaintiff was awarded judgment on a verdict for damages resulting from the drowning of his 4-year-old son. Defendant’s motion for new trial was granted and plaintiff appeals from the order. The order granting a new trial did not specify insufficiency of the evidence as one of the grounds. The trial judge stated in a memorandum of his ruling, and an entry in the minutes of the department clerk a...
Views: 13
Petition for a writ of habeas corpus. On November 30, 1948, in the action of Bessie Johnson versus Andrew Johnson, there was entered an amended and *468 modified order requiring Andrew to pay Bessie $50 a month for her support, $150 counsel fees, and $25 costs. Andrew failed to make the payments, and, on January 18, 1949, he was adjudged guilty of contempt for willfully failing to comply with t...
Views: 2
This is an appeal from a judgment in favor of defendant Vearl Shaver, entered upon the verdict of a jury, in an action for damages for the wrongful death of Henry Lyon, who was killed in an accident in the city of Long Beach, California, on or about May 31, 1943. The decedent sustained his fatal injuries when the station wagon owned and operated by defendant Vearl Shaver, and in which decedent wa...
Views: 15
92 Cal.App.2d 481 (1949) In re T. M. HANCOCK, for a judgment establishing the Westmorland Mail as a newspaper of general circulation. T. M. HANCOCK, Respondent, v. CALIFORNIA NEWSPAPER PUBLISHERS' ASSOCIATION, INC. (a Corporation), Appellant. Civ. No. 3909. California Court of Appeals. Fourth Dist. June 17, 1949. Lloyd S. Nix and Robert F. Tyler for Appellant. Whitelaw, Whitelaw & Yeager...
Views: 2
Separate motions and applications were filed in the two separate proceedings which were consolidated for the purpose of hearing and on appeal. *483On October 14, 1927, the trial court, based upon the application of T. M. Hancock, entered its decree establishing the “Westmorland Mail" as a newspaper of general circulation under section 4460 of the Political Code and the amendments thereto. A hearin...
Views: 2
Plaintiff appeals from a judgment entered on the granting of a motion for a directed verdict in an action under the Federal Employers’ Liability Act (35 Stats. 65, 45 U.S.C.A. § 51 et seq.) providing that every common carrier by railroad engaged in interstate commerce shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce “resulting in whole...
Views: 3
In this action to quiet title, the record reveals, as recited in respondents’ brief that, “There are three separate interests represented in this litigation. Plaintiff and appellant, who is the successor in interest of Allie M. Kays. The original owners of the property in question who are Ross F. Bundy and Blanche A. Bundy. The respondents Dean A. Tobias, Helen M. Philpott and Title Insurance and ...
Views: 0
Appellant here, defendant below, appeals from a judgment adjudging respondent to be the owner of an award made by the American Mexican Claims Commission for Lots B and K in Eaneho Tijuana, Baja California, Mexico, to “The heirs of Jose Francisco Arguello as their interests may appear.” The American Mexican Claims Commission was created by an Act of Congress (Settlement of Mexican Claims Act of ...
Views: 2
This case arose out of the same award as did Luckhardt v. Mooradian, this day decided, ante, p. 501 [207 P.2d 579], The judgment in the Luckhardt case was signed March 24,1948. On the following day Gwendolyn Lucero Mooradian, not as administratrix of the estate of Jose Francisco Arguello but individually, filed a petition in the probate court of the County of Los Angeles labeled “To Determine Heir...
Views: 0
A notice of motion to dismiss the appeal in this action was filed by respondents on April 15, 1949, same being supported by a certificate of the clerk of the trial court which shows that notice of appeal was filed August 13, 1948, but no arrangements were thereafter made for preparation of the record on appeal as provided by the Rules on Appeal; and that on the date of the certificate, to wit, Feb...
Views: 0
The defendant, Odell Hooper, was convicted by a jury of the crime of robbery of the first degree and sentenced to San Quentin for the term prescribed by law. His motion for new trial was denied. From the judgment and from the order denying a new trial this appeal was perfected. There is ample evidence to support the verdict and judgment. The only point urged on appeal is that the defendant was ...
Views: 7
In' an information filed in Stanislaus County appellant was charged with an assault with intent to commit rape, upon the person of Mary Gorman. A verdict of guilty was returned by the jury, a motion for a new trial was denied, and from the court’s judgment and order denying a new trial defendant has appealed on the sole ground that the evidence is insufficient to support the judgment. Mrs. Gorman ...
Views: 0
Petitioner, in his petition for a writ of habeas corpus, seeks to have his term of imprisonment and his eligibility for parole redetermined, contending that while he was adjudged an habitual criminal with three prior convictions and sentenced to imprisonment for life without possibility of parole, at least one of the alleged priors was not one of the offenses set forth in section 644 of the Penal...
Views: 9
This is a motion made by defendant and appellant in propria persona to set aside this court’s order of July 29, 1948, dismissing his appeal under rule 17 (a) for failure to file an opening brief. Inasmuch as the remittitur has issued, the proceeding may be treated as a petition to recall the remittitur. The appellant, through his then lawyers, Albert M. King and William M. Savage of Oroville, o...
Views: 16
This is an appeal from a judgment in favor of defendant corporation in an action - brought against it and others by plaintiff for damages for personal injuries resulting from the processing of plaintiff’s hair with a preparation known as a “Helene Curtis Creme Oil Cold Waves.” This *543 product was manufactured, sold and distributed by the defendant corporation to beauty shops gene...
Views: 8
92 Cal.App.2d 547 (1949) WILLIAM HAERDTER, Appellant, v. MAXWELL JOHNSON et al., Respondents. Civ. No. 13975. California Court of Appeals. First Dist., Div. One. June 24, 1949. Alfred F. Breslauer, George Liebermann and Appel, Dains & Liebermann for Appellant. Dana, Bledsoe & Smith, Paul Dana and A. Dal Thomson for Respondents. WARD, J. Plaintiff appeals from the judgment entered o...
Views: 9
92 Cal.App.2d 562 (1949) THE PEOPLE, Respondent, v. WALTER BROWER, Appellant. Crim. No. 2533. California Court of Appeals. First Dist., Div. One. June 24, 1949. Walter Brower, in pro. per., for Appellant. Fred N. Howser, Attorney General, and David K. Lener, Deputy Attorney General, for Respondent. *564 BRAY, J. Defendant was tried by a jury and found guilty of the crime of forgery. After ...
Views: 14
This is an action based upon the breach of a contract for the purchase of certain raisins. On October 22, 1946, plaintiff sold his entire crop of raisins to Bonner Packing Company for $335 per ton. The contract provided that the seller guaranteed the fruit to be his sole and absolute property “free from all encumbrances”; that title should immediately pass to the buyer; and that payment was to be ...
Views: 0
Plaintiff, Sally J. Murphy, wife of the insured John E. Murphy, was adjudged to be entitled to one-half of the proceeds of a life insurance policy issued by defendant company in which the assured’s mother, Mary V. Murphy, appellant herein, was named beneficiary. The defendant company deposited into court $10,000, double the face value of the policy, because Mr. Murphy’s death was due to ac...
Views: 0
Defendant was charged by an information with a felony in that he did wilfully, unlawfully and feloniously escape from the California Institution for Men at Chino, California, while confined therein as a prisoner. He entered a plea of not guilty to the charge, waived trial by jury, and after a trial by the court was found guilty. Thereafter judgment was pronounced and defendant was sentenced to im...
Views: 14
This is an appeal from the judgment denying the peremptory writ of mandate set forth in the petition, the basis of which was that the husband of petitioner, William Marshall, who was a member of the Police Department of the city of Oakland, “died as a result of an injury and a disability incurred in the performance of his duties.” Following the death of William Marshall petitioner filed an appl...
Views: 2
The plaintiff, a boy 12 years of age, was struck by a southbound locomotive of defendant Southern Pacific Company at its Redwood City station and suffered severe injuries including the loss of the left leg below the knee and the major portion of the right foot. After a jury trial a verdict for $91,000 was returned in favor of the minor against the Southern Pacific Company and its engineer and b...
Views: 3
Appeal by defendant Elbert, Ltd., from a judgment for plaintiffs ordering the City Treasurer of Los Angeles to reinstate a bond issued under the Improvement Act of 1911. (Sts. & Hy. Code, § 5000 et seq.) On January 25, 1946, and for a long time prior thereto, plaintiff Shaw was the owner of the bond which was a lien on Lot 8, Tract 6346 in Los Angeles. Shaw was president of and controlled plaintif...
Views: 2
Plaintiff, a minor 3% years of age, appeals from a judgment for defendant after a verdict by a jury in an action for damages for personal injuries. On December 15, 1945, at about 10:30 a. m., defendant was driving a Buiek automobile in an easterly direction on Wood Avenue, in a residential section of Los Angeles. He was traveling at a speed of about 15 to 20 miles an hour when suddenly, approxi...
Views: 0
The defendant was charged with the crime of “Forgery of Endorsement” in violation of section 470 of the Penal Code, it being alleged that he had with fraudulent intent forged the name of one Keister upon the back of a certain check and had uttered and passed this check thus forged with the intent to cheat and defraud certain individuals and corporations. A prior conviction of forgery was also cha...
Views: 14
After judgment for defendant in an action for the death of a person struck by a San Francisco streetcar, plaintiffs appealed. They also attempted to appeal from the order denying their motion for new trial. No such appeal lies. Plaintiffs, son and daughter of the deceased, sue individually and as administrators with the will annexed of her estate. Grounds of Appeal 1. Insufficiency of the evidence...
Views: 0
This action under the Federal Employers’ Liability Act was brought by appellant, the widow of Ray Brown, a brakeman employed by respondent. He was run over and killed by an engine while switching at Pittsburg, California, on November 25,1944. Nobody saw him fall, jump or step from the rear footboard of the engine tender, on which he had been standing just before the accident. The jury returned a v...
Views: 1
The instant controversy involves no disputed questions of fact. The appeal is concerned with the effect, if any, of section 1858(b) and (f) of the Civil Code upon certain warehouse receipts, and raises the question whether that code section was repealed by the Uniform Warehouse Receipts Act [Stats. 1909, p. 437; 3 Deering’s Gen. Laws, Act 9059], adopted in 1909. According to appellant’s brief, the...
Views: 0
Defendant Irving Zachary appeals from a judgment for damages resulting from the breach of a contract for the sale of a wholesale wine distributing business. In January, 1946, appellant caused to be prepared a contract in quadruplicate for the sale of such business to respondent for $3,000. Spaces were left in the instrument for the date, price and terms of payment. After the omitted data had ...
Views: 4
The question for decision is whether there is sufficient evidence to support the finding that no enforceable contract was made by the parties. Appellant Claude Dickey is the son-in-law of respondent Amelia Pattison while his wife Edna and respondent Richard Pattison are her children. Amelia was the owner of Lot C in Santa Monica. It stood of record in the name of Richard. In August, 1944, a num...
Views: 3
From a conviction of rape by force and violence defendant appeals, asserting the insufficiency of evidence, and errors in the admission thereof. The prosecutrix having finished her day’s work in a café at Port Hueneme entered her automobile nearby about 12 o’clock midnight, December 18, rested her head on the steering wheel to await the arrival of her husband and fell asleep. She was suddenly a...
Views: 11
Plaintiff suffered a severe cut in her right wrist when a half gallon glass bottle of Purex burst while she was unscrewing the metal cap. She brought suit against Purex Corporation, Ltd., manufacturer and bottler of Purex, and Latchford-Marble Glass Company, manufacturer of the bottle. In a jury trial a judgment of nonsuit was entered in favor of Latchford-Marble Glass Company, from which no ap...
Views: 7
Hilma Peterson, life beneficiary of a testamentary trust, appeals from an order denying her petition for partial distribution, and from the decrees of partial distribution and settlement of the executor’s account “in so far as said decrees are in conflict with the partial distribution sought by Hilma Peterson in her petition for partial distribution. ’ ’ We are of the opinion that the orde...
Views: 2
Action to recover value of alleged fixtures and certain furniture which were removed by defendants from land owned by plaintiff. There was also a cause of action for damages for conversion of the alleged fixtures and the furniture, and a cause of action for rent for occupancy of the premises. The court found that defendant Mrs. Heydenreieh was a licensee on the land; that the said improvements ...
Views: 1
Motion to dismiss the appeal which is from an order denying a motion to change the place of trial of a proceeding to revoke probate of a will. The ground of the motion is that the order is nonappealahle. Eespondents argue that the order is nonappealahle because it is not one of the orders listed in Probate Code, section 1240, from which an appeal may be taken and there is no authority in l...
Views: 5
Appellant's motion to augment the record is granted and the clerk of the superior court is directed to forward to the clerk of this court the following documents: Affidavit for writ of execution to issue, filed March 22,1948; Writ of Execution issued thereon hy the Clerk of the Superior Court of the State of California in and for the City and County of San Francisco, and the Return of the Sheriff ...
Views: 1
This action arises out of injuries sustained by plaintiff when a bottle of beer exploded. Plaintiff was a bartender employed by a catering company which had a concession at the Bonelli Ranch at Saugus. He was transferring a bottle of beer from its case to a tub of ice-cooled water when the bottle broke with a pop or flash, resulting in the loss of plaintiff’s left eye. *699 Defendant Acme B...
Views: 11
Defendants were charged in an indictment returned by the grand jury of Ventura County with grand theft in seven counts—the stealing of various sums of money from the Bank of Hueneme. Both defendants pleaded not guilty and waived trial by jury. The court found both guilty under the count charging the theft of $110,000, and the other six counts were dismissed. Mrs. Colton was placed on probation an...
Views: 13
92 Cal.App.2d 712 (1949) Estate of JOHN C. FERRALL, Deceased. FAYE F. HAMILTON, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., as Trustees, etc., Appellants. Civ. No. 16447. California Court of Appeals. Second Dist., Div. Three. July 1, 1949. Earle M. Daniels, Burdette J. Daniels and Hallam Mathews for Appellants. Potter, Potter & Rouse for Respondent. WOO...
Views: 6
Appeal by trustees from a judgment directing them to pay to a beneficiary $400 per month from the corpus of a testamentary trust. The testator, John C. Ferrall, who died October 9, 1940, left surviving him a son, George D. Ferrall, and a daughter, Faye F. Hamilton. Under the provisions of his will, which was made April 15, 1938, he gave $2,000 to each of George D. Ferrall’s three sons, and gave on...
Views: 0
In an action for damages for fraud and deceit, plaintiffs appeal from a judgment entered following an order sustaining, without leave to amend, the demurrer of defendant B. J. Lange to the second count of plaintiffs’ amended complaint, after plaintiffs had informed the court they could amend no further. The demurrer of defendant Harold Lange to the amended complaint was overruled. Harold Lange ...
Views: 0
This is an appeal on the judgment-roll from a judgment for (a) the restitution of certain leased premises, (b) the forfeiture of the lease, (c) $770 of unpaid rent, and (d) $100 attorney’s fees. The appeal is presented on appellant’s brief alone. No brief was filed by respondent, and neither side appeared when the case was called for argument. The findings show that respondent leased to defen...
Views: 0
This appeal was taken by defendant E. Hagan from an order denying his motion for change of venue. The action was brought for $5,408.86 claimed to be owing on a transaction wherein defendants were alleged to have sold respondent a quantity of cheese for which respondent paid them $19,782 before discovering that it was unmerchantable; respondent alleged that after such discovery “the purchase the...
Views: 5
This is an appeal by plaintiffs from an adverse judgment in an action for declaratory relief wherein plaintiffs sought a declaration that defendant had defaulted under an agreement to purchase certain real estate from plaintiffs and that plaintiffs were entitled to recover and retain the sum of $1,000 paid by defendant and deposited in escrow pursuant to the agreement of sale. The judgment of t...
Views: 6
Plaintiff appealed from a judgment which was rendered against him pursuant to an order sustaining defendant Ott’s demurrer to the complaint without leave to amend the pleading. The amended complaint against the administrator of the estate of Richard D. Bishop, deceased, and Dorothy Elizabeth Bishop alleges personal injuries and property damages sustained by plaintiff in an automobile collision,...
Views: 2
The defendant was convicted of eight counts of violation of sections 288 and 288a of the Penal Code. He was also found to have suffered two prior felony convictions, one for stealing an automobile and the other for operating an automobile without the owner’s consent. He was sentenced to the state penitentiary for the term prescribed by law as to each count, counts one and two to be served concurr...
Views: 18
Plaintiff sued for damages for personal injuries sustained as a result of being struck by an automobile owned and operated by defendant, Opal Renfro. The latter having apparently lost control, her machine proceeded over and across a curb and onto the sidewalk, crushing plaintiff, a pedestrian, against an adjacent building. The city’s demurrer to the amended complaint was sustained without ...
Views: 12
Having been convicted of attempted burglary in the second degree defendants have assigned five errors as grounds for reversal of the judgment. They contend that their cause was prejudiced by the court’s allowing “evidence of narcotics to be introduced.” The fact that such proof might have been prejudicial is not a ground for exclusion. The objection to it was made in the course of the testimony...
Views: 17
Plaintiff brought this action to recover damages arising out of an accident wherein he was injured while riding as a passenger on a bus belonging to defendant corporation and operated by defendant E’Golf, an employee. La Mesa Boulevard, in the city of La Mesa, is a through boulevard running east and west. Palm Avenue runs north and south. Boulevard stop signs were erected on it as one approache...
Views: 15
This is an action to quiet title in which plaintiffs seek to terminate an easement granted to the predecessors in interest of defendants for the construction and maintenance of a drainage ditch extending from Foss Lake to the San Luis Rey River in San Diego County. The area covered by Foss Lake is owned by the defendants, and in 1918 was owned by John Johnston, Jr., and his wife. On June 25, 19...
Views: 0
This is an action to recover damages for technical assault and battery—the performance by defendant, a physician and surgeon, of an alleged unauthorized operation on plaintiff, Florence Wheeler. (See Valdez v. Percy, 35 Cal.App.2d 485, 491 [96 P.2d 142].) The operation was performed in a hospital in the city of Ventura. A verdict was rendered in favor of defendant and plai...
Views: 6
Appeals from orders denying change of venue from Santa Barbara County to Ventura County in five actions brought to recover damages for personal injuries to plaintiffs alleged to have been caused by the negligent operation of an automobile by defendants on a public highway in Ventura County. In each case, on December 17, 1948, defendants transmitted to plaintiff, by United States mail, copi...
Views: 5
This action was brought to determine whether or not the defendant, in the operation of its telephone system, is occupying portions of streets in San Diego without a legal right so to do. The city first adopted a freeholders’ charter in 1889. The defendant succeeded to the rights of the Pacific Telephone & Telegraph Company. The latter company and its predecessors had obtained the right to ...
Views: 2
Plaintiff brought this action for an accounting, and to recover a balance claimed to be due for services rendered as ranch foreman for the defendant over a period of approximately four years. The parties agreed that plaintiff was employed by defendant as general foreman in defendant’s farming operations in Imperial Valley in December, 1939, and remained so employed until about the first of August,...
Views: 1
At the time of the death of John Koehler on October 10, 1946, plaintiff and appellant, Ethel Broderick, was in possession of two cashier’s checks issued by the Bank of America, dated August 5, 1946, and August 30, 1946, for the sums of $600 and $500 respectively, payable to the order of John Koehler, and not indorsed. Plaintiff brought an action to quiet title to the checks, basing her claim upon ...
Views: 0
The action herein arose out of a contract of sale whereunder appellant corporation located in Los Angeles undertook to sell and deliver to respondents whose plant was *820 in Denver, one carload of 280 aluminum sheets. The aluminum was shipped with order bill of lading consigned to appellant with arrival draft attached. Respondents, upon notification by the railway company, paid th...
Views: 0
This is an action for damages for wrongful eviction. The defendant Bob Davis, owner of a café in Niland, California, on August 13, 1946, orally leased the premises to plaintiff on a week to week basis at an agreed weekly rental of $17.50. Plaintiff paid the required rental to and including the last payment made on November 13, 1946. On November 12, 1946, defendant notified plaintiff that he desire...
Views: 6
In this habeas corpus proceeding petitioner alleges that he was convicted of violating section 210 of the Police Code, part of chapter VIII, article 2 of the San Francisco Municipal Code. The California Constitution, article XI, section 11 provides: “Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in con...
Views: 3
In an action for wrongful death the jury returned a verdict for defendants. The court granted a new trial on the ground of insufficiency of the evidence and defendants appeal. The death was caused by a collision of two airplanes on the ground at a privately operated airfield. This field has an easterly and westerly runway about 3,000 feet long and 400 feet wide. The northerly 300-foot strip is ...
Views: 0
A document purporting to be the last will and testament of Filippo Cecala, dated February 9, 1935, was admitted to probate after a contest tried by jury. A new trial was denied. From the order entered on the verdict this appeal was taken. The contestants and appellants are the son and daughter of the testator; the proponent and respondent his other daughter. The testator died on February 12, 19...
Views: 2
Plaintiff and appellant procured an interlocutory decree of divorce from respondent’s intestate in 1925 and the final decree was entered in 1926. The court awarded her $50 per month alimony. Only $55 was paid by the decedent to appellant and after his death in 1945 she sued his administrator for the accrued balance amounting to $11,850. The court found that the claim to all instalments which ac...
Views: 5
Plaintiff's predecessor in interest was adjudged bankrupt in October, 1942, and an indebtedness of defendant Joseph M. Keegan was found to be an asset of the bankrupt. On September 22, 1943, the sum of $741.93 was found by the bankruptcy court to be due and owing from said defendant. Plaintiff acquired this obligation for value in February, 1946, and obtained judgment thereon in the Municipal Cou...
Views: 0
Appeal by plaintiff from a judgment for defendants in an action for damages for fraud in the sale of real property. The facts as found by the trial court are these. On August 26, 1946, defendants Benton and Marlow, with intent to deceive plaintiff and to induce her to purchase the real property which was improved, falsely represented to her that one of the dwelling units on the property wa...
Views: 4
Appeal by Anthony J. Xydias, executor of the will of Marina A. Xydias, from an order of the probate court quieting title to a parcel of real property in her devisees and against his claims in his individual capacity. Marina A. Xydias, a resident of Los Angeles, died testate on September 26, 1943, in Manila, Philippine Islands. Her will was admitted to probate in the Superior Court of the C...
Views: 3
This is an appeal from an order granting a petition for a writ of habeas corpus and discharging the petitioner. The petitioner was found guilty of manslaughter, a misdemeanor, without gross negligence. On January 10, 1947, his application for probation was granted and he was released upon the conditions that he violate no laws, that he refrain from the use of intoxicating liquors, and that he refr...
Views: 8
Prosecution for illegal transportation and possession of narcotics and for conspiracy. Defendant was charged with illegal possession and transportation of narcotics and with criminal conspiracy to commit a violation of section 11500 of the Health and Safety Code. The information contained seven counts: the first three charged possession of morphine, opium and cocaine in separate counts, in the nex...
Views: 1

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up