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 93

Opinions in cal-app-2d Volume 93

Plaintiffs, husband and wife, undertook to purchase real property. It was encumbered with a trust deed given to secure payment of a purchase money promissory note of $8,964.16. The note provided for payments of $90 a month. An escrow agreement was entered into for the purpose of putting the deal through. Then it was discovered that the owners of the property from whom the plaintiffs were purcha...
Views: 1
From a judgment of guilty of murder of the second degree after trial before a jury, defendant appeals. He also appeals from the order denying his motion for a new trial. ' Viewing the evidence in the light most favorable to the People (respondent) the essential facts are: Mr. Bradley and a friend named Slater were sitting under a pepper tree on the south side of Filbert Street in Duarte, when defe...
Views: 0
Appellant, who is the mother of George Francis LeVan, Jr., a minor * , appeals on the judgment roll alone from an order of the Juvenile Court of Los Angeles County made January 3, 1949, releasing the custody of the *8 minor to the probation officer for placement in the home of the minor’s father. Appellant asks that this court reverse the judgment of the juvenile co...
Views: 0
Appeal by defendant Crescent Commercial Corporation from a judgment for plaintiffs in an action in which each plaintiff sought a cancellation of a contract and the recovery of monies deposited with defendant pursuant to a contract entered into between him and defendant. In 1946, 1947, and the early part of 1948, there was a decided shortage of beer for sale in the Los Angeles area. In March of ...
Views: 8
Defendant’s demurrer to the complaint, upon the ground that the two causes of action therein were barred by the statute of limitations, was sustained and plaintiff was given 10 days within which to amend. Plaintiff failed to amend the complaint within said time, and upon motion of defendant a judgment of dismissal was entered. Plaintiff appeals from the judgment. It was alleged in the first cau...
Views: 6
Demurrer of defendant city of Los Angeles to the complaint was sustained without leave to amend. Plaintiff appeals from the judgment thereupon entered in favor of said defendant. Plaintiff sought to enjoin said defendant, and the police chief and city clerk of said city, from enforcing against plaintiff two ordinances of the city of Los Angeles, upon the ground that the ordinances are in violat...
Views: 6
The complaint in this action alleged that within one year prior to the filing thereof the plaintiff almost daily had been vexed, harassed, assaulted and annoyed by the defendant. The acts and declarations which comprised the foregoing were specifically alleged. It was alleged that plaintiff was injured and damaged as a result thereof. The prayer was for damages and for an injunction. The court fou...
Views: 1
Petition for a writ of review whereby it is sought to annul an award of the Industrial Accident Commission. The commission made findings that the applicant, Mr. Davidson, sustained injury arising out of and occurring in the course of his employment, consisting of “precipitation of coronary thrombosis”; that the injury caused temporary total disability “beginning February 11, 1948, to and includ...
Views: 0
The defendant was charged with the crime of robbery, found guilty by a jury, and given a prison sentence. He has appealed from the judgment and from the order denying his motion for a new trial, contending that the evidence is insufficient, with respect to the identity of the robber, to support the verdict and judgment. A bartender employed at the Eagles Hall in San Diego was the only witness w...
Views: 17
This is an appeal from the judgment. Defendants Harman and McKinney had leased a health resort known as Seminole Hot Springs; plaintiff was employed to manage and operate the business. A month or so thereafter plaintiff entered into an agreement by the terms of which in substance plaintiff was to purchase an interest in the business for $7,500 provided plaintiff could obtain that amount. It was ag...
Views: 0
93 Cal.App.2d 35 (1949) Estate of GRACE BESSIRE JAMESON, Deceased. JOHN D. HOME as Administrator with Will Annexed, Respondent, etc. v. DEAN BURTON BESSIRE et al., Appellants. Civ. No. 16994. California Court of Appeals. Second Dist., Div. One. July 19, 1949. William A. Monten and John A. Ellis for Appellants. Keane & Wickhem for Respondent. DRAPEAU, J. This is an appeal by remainderme...
Views: 6
This is an appeal by remaindermen from an order approving report of administrator with the will’ annexed concerning the status of certain properties, determining that they were held in joint tenancy and therefore not assets of the instant estate; ordering partial distribution of a life estate in real property to the life tenant, and instructing said administrator concerning the payment by the rema...
Views: 0
This case was before the Supreme Court on an appeal from a judgment of nonsuit and that judgment was reversed. A second trial without a jury resulted in a judgment in favor of plaintiff and against all of the defendants and all of the defendants appeal. The general nature of the action and the relation of the several defendants thereto are set out in the opinion of the Supreme Court on the prev...
Views: 16
Defendant Rock Creek Water Corporation, a mutual water company, has appealed from a judgment quieting plaintiffs’ title to real property, defining and limiting the extent of defendant’s easement^ over such property for the maintenance of its water ditch, and enjoining defendant from damaging or destroying trees, shrubbery and vegetation along and footbridges across the ditch, and from other act...
Views: 0
Defendant C. R. Walker was indicted by the grand jury of Sonoma County on two counts of violation of section 249 of the Penal Code. Count one alleged that on November 1, 1947, the defendant wilfully, unlawfully and maliciously and with intent thereby to injure the persons therein named and expose them to public hatred, contempt and ridicule, published and circulated the following circular: “TO ...
Views: 3
This is an action to recover on an insurance contract covering a cotton crop to be grown by the plaintiffs on 70 acres of land during the 1946 season. The contract insured the plaintiffs, on an average yield basis, against loss due to unavoidable causes including damage resulting from frost, insect infestation and failure of the water supply. The contract also excepted from its coverage any loss c...
Views: 0
Defendant was charged in an amended information with violating the provisions of section 480 of the Vehicle Code, which was set forth in three separate counts. Count one charged that he was the driver of an automobile involved in an accident with another vehicle which resulted in the injury of two persons, Rebecca Blacksher and Rose Mary Turner, and that he did wilfully and feloniously fail and o...
Views: 15
Defendant was charged with and convicted by a jury of the crime of possession of opium in violation of section 11500 of the Health and Safety Code. He lived by himself in room 29 at a hotel in Visalia. On the night of January 12, 1949, the chief of police, accompanied by narcotic agents, encountered defendant at an address on Center Street. They suspicioned him as being a- *73 user of opium. ...
Views: 16
The sole question to be determined is whether escrow funds on deposit in a national bank on the first Monday of March are assessable to the bank as solvent credits owned, claimed, possessed or controlled by it. This appeal is from a judgment declaring that the assessment levied against respondent on escrow funds held by it, together with taxes and penalties, was erroneous, illegal and void...
Views: 1
Robert E. Keane brought this action to recover damages for personal injuries allegedly sustained by him on August 20,1945, when he tripped and fell over a rope attached to a gate upon premises rented by him from the owner, the defendant Clara McIndoe. The allegations contained in the complaint were put in issue by the answer which consisted of a general denial thereof, and the case was tried be...
Views: 1
By their complaint plaintiffs sought a refund of monies paid defendant board as motor vehicle transportation license tax under the provisions of Revenue and Taxation Code, section 9601 et seq. The defendant’s general demurrer upon the ground that the action was barred by section 10278 of said code, was sustained without leave to amend, and the present appeal followed. *88From the record before us ...
Views: 0
As set forth in the appellant’s brief, “This is an appeal from the judgment of the trial court wherein and whereby the defendant, Clyde N. Lewis, was found to be the father of an illegitimate child born to plaintiff, in wedlock, and which child was ordered to be supported by said defendant, as the father thereof, until the further order of this court. ” The material facts, according to said brief...
Views: 2
This is a petition for mandamus to require restitution of real property to the lessee thereof, after reversal of an adverse judgment by this court. (Erickson v. Boothe, (Cal.App.) 203 P.2d 119.) Upon filing our decision on rehearing in said cited case, this petition became moot. The litigation involved in this petition is somewhat complicated. It has been before this court in three separate appea...
Views: 0
93 Cal.App.2d 96 (1949) Estate of MELLIE M. DARBY, Deceased. NATALIE D. MARK et al., Appellants, v. STATE CONTROLLER OF THE STATE OF CALIFORNIA, Respondent. Civ. No. 16550. California Court of Appeals. Second Dist., Div. Three. July 28, 1949. Conroy, Conroy & Light for Appellants. James W. Hickey, Chief Inheritance Tax Attorney, J. D. Lear, Assistant Inheritance Tax Attorney, and Morton ...
Views: 1
This is an appeal from an order .overruling the objections of Natalie D. Mark and Louine D. Boyer, legatees and devisees of decedent Mellie M. Darby, to the report of the inheritance tax appraiser, and fixing the amount of an inheritance tax due and payable from them. The facts are not in dispute. By deed dated August 14, 1924, deceased acquired real property which is the subject of the tax here i...
Views: 0
The defendant has appealed from an interlocutory decree of divorce which was rendered against him on the ground of extreme cruelty. The decree also divided the community property of the spouses between them. The appellant raises no question on appeal regarding the validity of the divorce. He thereby concedes the adequacy of the evidence to support the divorce on the ground of extreme cruelty. T...
Views: 7
This is an appeal from a judgment denying admission to probate of a proffered will of Clarence Clark, deceased, and from an order denying the motion of petitioner Martin Carter Leach, named as executor in said will, to set aside the foregoing judgment and to reopen the case for the purpose of receiving further testimony. The record reflects that on October 14, 1946, petitioner and appellant Mar...
Views: 6
The city of Long Beach and certain of its officials have appealed from a judgment of the Superior Court of Los Angeles County granting to petitioner and respondent, a policeman of said city, a writ of mandate requiring the city to pay him an annual pension equal to 50 per cent of his annual salary plus 1-2/3 per cent of his annual salary for each year of service over an aggregate of 20 years. ...
Views: 11
This appeal is taken in an action for damages for false arrest and imprisonment brought against three members of the Police Department of the city of Beverly Hills, C. IT. Anderson, Chief of Police, Captain W. W. White, Chief of Detectives, and Sergeant Ray Borders. The cause was tried before a jury which brought in a verdict against defendant Anderson for $6,000 and against defendant White for $4...
Views: 9
This is an appeal from an order denying motion for change of place of trial. The complaint alleges an unpaid doctor’s bill for $2,500, assigned to the plaintiff for collection. Three counts are averred in the complaint: debt, account stated, and work, labor, and services. Motion for change of place of trial was made. In support of the motion an affidavit by one of the defendants was filed, averrin...
Views: 0
In an information filed by the District Attorney of Los Angeles County, defendant was accused in count I of a violation of section 115 of the Penal Code (offering false or forged instruments to be filed of record); in count II with the crime of forgery, and in count III of a violation of section 132 of the Penal Code (offering false evidence). To each of the foregoing counts of the information, d...
Views: 13
By virtue of a writ of attachment issued in this action, the sheriff took possession of a 1948 Hudson automobile. Kenneth F. Williams and Violet E. Williams instituted third party claim proceedings, asserting ownership and right of possession of the automobile. Judgment was in their favor, and plaintiff appeals therefrom. Appellant asserts that the evidence does not support the judgment. ...
Views: 0
In this action for damages for alleged wrongful eviction, judgment was for defendants. Plaintiffs appeal from the judgment and from the order denying their motion for a new trial. In 1942, plaintiffs rented an unfurnished dwelling house from defendant Finley, who is a real estate broker and the son of defendant Mrs. Schultz, the owner of the property. The court found that on December 3, 1946, plai...
Views: 0
Fridolin J. Dargo was convicted in a jury trial of the offense of grand theft and of second degree burglary. His application for probation was denied, he was sentenced to the state prison, sentences to run concurrently, execution of the sentence was suspended and he was referred to the California Youth Authority, the Youth Authority refused to accept him, and the sentences theretofore imposed wer...
Views: 2
Defendant was convicted of a violation of Penal Code, section 337a, subdivision 2, in that he kept and occupied a house with papers and paraphernalia for the recording of wagers upon the result or purported result of horse races. He appeals from the judgment and sentence. His only point is that the evidence is insufficient “to connect the defendant with the corpus delicti.” The evidence follows. O...
Views: 0
Plaintiffs Merle Pagh and Arthur Gold-stein appeal from separate and adverse judgments rendered in their consolidated personal injury actions upon a jury *203 verdict in favor of defendant Andrew Gibbs Rogers. The city of Los Angeles, which, as employer, filed complaints in intervention for the recovery of medical expenses, disability compensation paid, and property damage, likewise appeals fro...
Views: 2
93 Cal.App.2d 208 (1949) Guardianship of the Person and Estate of ALLIE WALTERS, an Incompetent Person. ALLIE WALTERS SACKS, an Incompetent Person, etc., Appellant, v. L. C. RAUCH, as Guardian, etc., Respondent. Civ. No. 17167. California Court of Appeals. Second Dist., Div. Three. July 30, 1949. S. V. O. Prichard, Bodkin, Breslin & Luddy and Morris Lavine for Appellant. R. R. Sleeper an...
Views: 0
On March 3, 1949, Allie Walters Sacks was adjudged to be incompetent, L. 0. Rauch was appointed as the guardian of her estate and John C. Packard guardian of her person. Thereafter, Morris Lavine was appointed as guardian ad litem for the purpose of prosecuting an appeal from the order. Such an appeal has been taken and is now pending. L. C. Rauch, having qualified as guardian, petitioned the cour...
Views: 1
This action was instituted by certain of the heirs of Mary Brunoni, deceased, to cancel and set aside a deed executed by her conveying certain real property to her *217 son, Antonio Brunoni. The complaint alleged that the decedent lacked the requisite capacity to execute the deed; that she was incapacitated from properly attending to her business by reason of old age and ill health; that the de...
Views: 1
The plaintiffs have appealed from a judgment relieving the defendants, under section 3275 of the Civil Code, from their alleged default of payments due upon a contract for the purchase of real property. Plaintiffs brought suit to quiet title to the land. Defendants answered the complaint, setting up their written contract with plaintiffs to purchase the property for the sum of $15,000, upon which ...
Views: 0
This is an appeal from a judgment for the plaintiff, entered on a jury verdict. The action was based, under section 403 of the Vehicle Code, on wilful misconduct of the defendant in driving at an excessive speed upon wet pavement and on a downhill curve. The answer alleged contributory negligence and, as a separate defense, that the plaintiff knew before and during the trip of any wilful miscon...
Views: 4
From a judgment in favor of plaintiff against defendant . California Bank after trial before the court without a jury in an action to recover on a cashier’s check issued by Security-First National Bank of Los Angeles, payable to plaintiff, defendant California Bank (hereinafter referred to as defendant) appeals. Facts: The evidence disclosed that Security-First National Bank of Los ...
Views: 2
This is an action for real estate broker’s commission and for reasonable value of services rendered. Defendants, as partners, owned certain real property in the city of San Diego, upon which a business was conducted known as Van’s Market. On March 13, 1946, defendants by letter gave plaintiff, a real estate broker, an exclusive listing to sell the property for a net price of $50,000. It was provid...
Views: 0
Plaintiff purchased the furnishings and equipment of a guest house in Berkeley and took a lease upon the house in which the business was conducted from the defendant. The lease contained the following provision: "That the Lessee will not assign this Lease, or any interest therein, without the written consent of the Lessor first had and obtained, but the Lessor agrees not to withhold his wr...
Views: 0
Petitioner seeks to annul an award of workmen’s compensation to respondent Whitaker, Whitaker was employed from 1942 to 1945, in Richmond Shipyard No. 1 of the Permanente Metals Corporation. He was working with steel parts and averaged about three hours per working day grinding steel upon grindstones. About two months after his discharge Whitaker sought employment as a carpenter with the U. S. go...
Views: 2
93 Cal. App. 2d 247 (1949) GEORGE FABBRO, Respondent, v. DARDI & CO. (a Corporation), Appellant. Civ. No. 13939. California Court of Appeals. First Dist., Div. Two. Aug. 5, 1949. Keil & Connolly for Appellant. Hardy, Carley & Brenner for Respondent. DOOLING, J. On March 15, 1945, the parties signed a document containing the following provisions: "Received of Fabbro's Cafe (Fir...
Views: 2
Plaintiff appeals from a judgment for defendants entered after sustaining a demurrer to his complaint without leave to amend. The complaint alleges that on December 23,1943, plaintiff was president and a member of the board of directors of United Parcel Service of San Francisco, a California corporation; that on that date by voluntary proceedings the corporation was dissolved; that on April 7, 19...
Views: 5
Isabelle Grainger, an incompetent of the age of 77 years, by and through her guardian obtained a judgment against the defendants herein for the sum of $4,400, plus interest and costs. The judgment provided that any right, title or interest which the defendants, or either of them, held in and to certain real property therein described was held in trust for plaintiff to secure to her the payment ...
Views: 0
Defendant was convicted of the crimes of kidnaping and robbery and the judgment of conviction was affirmed by this court. (People v. Shuman, 64 Cal.App.2d 382 *260[148 P.2d 875].) Thereafter, the defendant made a motion in the trial court for certain records in his case which motion was denied on December 7, 1948. He thereupon filed his notice of appeal on January 12, 1949, from the order denying ...
Views: 0
93 Cal. App. 2d 261 (1949) THE PEOPLE, Respondent, v. IGNACIO REBOLLEDO, Appellant. Crim. No. 805. California Court of Appeals. Fourth Dist. Aug. 8, 1949. Tom Okawara for Appellant. Fred N. Howser, Attorney General, and Frank Richards, Deputy Attorney General, for Respondent. MUSSELL, J. Appellant was duly arraigned before a magistrate on charges of violation of section 288 of the Penal Co...
Views: 16
Appellant, Sigmund Pfingst, was seriously injured when he fell down an elevator shaft of the Marwedel Building located on First Street between Market and Mission Streets, San Francisco. He brought this action *267 against C. W. Marwedel, owner of the building, Joseph Mayer, a tenant, and the Otis Elevator Company, a corporation engaged in the business of repairing and servicing elevators and wh...
Views: 5
93 Cal. App. 2d 276 (1949) GERALD NORWOOD, Appellant, v. FRED T. JUDD, Respondent. Civ. No. 13972. California Court of Appeals. First Dist., Div. One. Aug. 10, 1949. Bernal & Bernal for Appellant. Ralph Nathanson and Marshall Rutherford for Respondent. PETERS, P. J. Plaintiff, Gerald Norwood, brought this action against his partner in the contracting business, Fred T. Judd, for a disso...
Views: 16
93 Cal. App. 2d 291 (1949) SHERMAN M. LAMONT et al., Appellants, v. WILBERT M. BALL et al., Respondents. Civ. No. 13878. California Court of Appeals. First Dist., Div. Two. Aug. 10, 1949. Irving M. Liner and Lionel B. Benas for Appellants. Deasy, Crittenden, Dodge and Alexander for Respondents. *292 DOOLING, J. Plaintiffs and appellants sued defendants and respondents for specific performa...
Views: 4
93 Cal. App. 2d 295 (1949) LE ROY J. THEIN, Appellant, v. ALBERT STICHA et al., Respondents. Civ. No. 14030. California Court of Appeals. First Dist., Div. Two. Aug. 10, 1949. Joseph A. Brown for Appellant. Marvin G. Giometti, Alex L. Arguello and J. Joseph Sullivan for Respondents. GOODELL, J. Appellant brought this possessory action against respondents, who filed a cross-complaint for sp...
Views: 5
Defendant Stoddard appeals from superior court orders (1) denying his motion, made under section 473 of the Code of Civil Procedure, for an order vacating the court’s order denying motion for change of venue, and (2) from an order denying his second application for change of venue. Contentions Defendant contends that the court abused its discretion in denying both motions. Procee...
Views: 2
This is an appeal from a judgment notwithstanding the verdict in an action for malicious prosecution. About noon on October 4, 1946, Mrs. Sutherland was taken into custody and confined in the psychopathic ward upon an order of detention based upon a petition prepared by Dr. Andrews, the county psychiatrist, and verified by the defendant Palme. The matter was set for hearing on October 10, but s...
Views: 10
93 Cal. App. 2d 315 (1949) MARTIN O. SMYTHE, a Minor, etc., Respondent, v. DANIEL V. SCHACHT et al., Appellants. Civ. No. 17032. California Court of Appeals. Second Dist., Div. One. Aug. 15, 1949. Sam Shayon for Appellants. Clayton B. Thomas for Respondent. WHITE, P. J. This action was instituted on behalf of Martin O. Smythe, 10-year-old son of his guardian ad litem, for damages predicate...
Views: 6
This is an appeal from the judgment. Plaintiff filed the within action for damages based on the alleged negligence of defendant, an attorney at law, for failure to file an action for damages for personal injuries before the statute of limitations foreclosed the action. When the action was called for trial, defendant made a motion for judgment on the pleadings based on the contention that plaintiff...
Views: 3
This is an action for declaratory relief involving the status of the constitution and by-laws of defendant labor union, an unincorporated association. The complaint was filed by a group of members of the Marine Cooks’ and Stewards’ Association of the Pacific Coast, sometimes known as the National Union of Marine Cooks and Stewards, on behalf of all of the members who chose to join with them. ...
Views: 4
93 Cal. App. 2d 341 (1949) CATHERYN JOHNSON et al., Respondents, v. CHRISTINE MARQUIS, Appellant. California Court of Appeals. Aug. 16, 1949. Cooley, Crowley & Gaither and Vernon F. Gant for Appellant. Cleary & Zeff, C. Ray Robinson and Margaret A. Flynn for Respondents. THOMPSON, J. The defendant, Christine Marquis, has appealed from a judgment rendered pursuant to a verdict for pla...
Views: 11
Petitioner seeks a writ of prohibition to restrain the superior court from hearing an order to show cause why he should not be held in contempt for failing to pay alimony. The main question involved is whether the provisions of a property settlement agreement entered into between petitioner and his wife were made an enforceable portion of the interlocutory decree in the divorce action between them...
Views: 9
93 Cal. App. 2d 365 (1949) THE PEOPLE, Respondent, v. MARIAN DEL CHAPMAN et al., Defendants; JACK LESTER CHAPMAN, Appellant. Crim. No. 2579. California Court of Appeals. First Dist., Div. One. Aug. 17, 1949. Jack Lester Chapman, in pro. per., for Appellant. Fred N. Howser, Attorney General, David K. Lener, Deputy Attorney General, J. F. Coakley, District Attorney, and Folger Emerson, Deputy ...
Views: 17
This is an action for declaratory relief for the purpose of determining the validity of a lease. On August 2, 1926, the State Board of Harbor Commissioners leased certain tidelands in Mission Bay to the plaintiff for 50 years for a rental of $30 per month, together with 5 per cent of all gross income from the leased premises. The lease also required the plaintiff to expend, or cause to be expen...
Views: 2
93 Cal. App. 2d 391 (1949) JEANETTE GLUCKSTEIN, Respondent, v. PHILLIP J. LIPSETT, M. D., Appellant. Civ. No. 13934. California Court of Appeals. First Dist., Div. One. Aug. 19, 1949. Robert L. Lamb, Peart, Baraty & Hassary, Geo. A. Smith and Alan L. Bonnington for Appellant. Melvin M. Belli and F. A. Devlin for Respondent. *394 BRAY, J. In a malpractice action, plaintiff recovered a j...
Views: 9
This is a proceeding by plaintiff Fireman’s Fund Indemnity Company, a corporation, instituted under the doctrine of equitable subrogation, although defendant State Compensation Insurance Fund, a California state agency, assumes and argues that plaintiff is asking for contribution and that the rights and liabilities of the parties are governed by Civil Code, sections 1427 to 1432, defining and inte...
Views: 3
93 Cal. App. 2d 414 (1949) H. L. GILBERT et al., Appellants, v. GUY B. ASHLEY, as City Clerk, etc., et al., Respondents. California Court of Appeals. Aug. 19, 1949. Kenneth C. Wiseman for Appellants. Colin M. Gair, City Attorney, Gray, Cary, Ames & Driscoll and John M. Cranston for Respondents. MUSSELL, J. Plaintiffs have appealed from a judgment rendered against them in an action to enj...
Views: 4
93 Cal. App. 2d 417 (1949) EUGENE GOEHRING, Appellant, v. STOCKTON MORRIS PLAN COMPANY (a Corporation), Respondent. Civ. No. 7596. California Court of Appeals. Third Dist. Aug. 20, 1949. Mazzera, Snyder & DeMartini for Appellant. Lafayette J. Smallpage for Respondent. ADAMS, P. J. This is an appeal by plaintiff from a judgment entered upon a directed verdict in favor of Stockton Morris...
Views: 1
On October 21, 1944, Angelina Ainoruso entered into a contract to buy from Archie L. Carley and Gertrude A. Carley, about 3% acres of land in the Carmichael Colony in Sacramento County, for $650. One hundred dollars was paid on execution of the agreement, and the balance was to be paid in monthly installments of $12.50 or more on the first day of each month beginning December 1, 1944, including in...
Views: 4
93 Cal. App. 2d 428 (1949) EDWARD MYERS et al., Respondents, v. MARGARET GARAVENTA, Appellant. Civ. No. 7586. California Court of Appeals. Third Dist. Aug. 22, 1949. Huberty & Huberty for Appellant. Mull & Pierce and Arthur DeBeau Carr for Respondents. ADAMS, P. J. On October 31, 1944, Margaret Garaventa was the owner and operator of a tavern at Mokelumne Hill in Calaveras County k...
Views: 1
93 Cal. App. 2d 435 (1949) ELIZABETH A. KARSTENSEN et al., Appellants, v. WESTERN TRANSPORTATION COMPANY (a Corporation) et al., Respondents. Civ. No. 7588. California Court of Appeals. Third Dist. Aug. 22, 1949. McGuire & Lahanier and Guernsey Carson for Appellants. Brown, Rosson & Berry for Respondents. PEEK, J. This is an action to recover damages for the alleged wrongful death ...
Views: 7
93 Cal.App.2d 440 (1949) Estate of MANUEL GONZALES, Deceased. LAW T. FREITAS, as Executor, etc., Appellant, v. SUE H. CLOWDSLEY, as Public Administrator, etc., Respondent. Civ. No. 7611. California Court of Appeals. Third Dist. Aug. 22, 1949. Wyatt, Green & Carr for Appellant. Frederick L. Felton for Respondent. ADAMS, P. J. Manuel Gonzales died March 2, 1948, in San Joaquin County, le...
Views: 0
Manuel Gonzales died March 2, 1948, in San Joaquin County, leaving an estate therein but no known resident relatives.. On March 11th, Sue H. Clowdsley, public administrator, filed a petition for letters of administration *441of the estate of said decedent, and letters were issued to her on March 22d. Subsequently that official found among the effects of decedent what purported to be a copy of a wi...
Views: 1
93 Cal.App.2d 444 (1949) Estate of WILLIAM HENRY PFUND, Deceased. CAPITAL LODGE NO. 87 OF THE INDEPENDENT ORDER OF ODD FELLOWS, Appellant, v. EDWINA VIRGINIA PFUND et al., as Executors, etc., Respondents. Civ. No. 7617. California Court of Appeals. Third Dist. Aug. 22, 1949. Busick & Busick for Appellant. White & Harber and Lawrence A. Schei for Respondents. PEEK, J. This is an app...
Views: 1
This is an appeal upon the judgment roll alone from that portion of the decree of distribution declaring void a bequest of $1,000 upon the grounds that the legatee was not a cemetery authority within the meaning of chapter 4, articles 2 and 4, division 8, part 3 of the Health and Safety Code; that the trust attempted to be created was not a charitable use and is void in that it purports to create ...
Views: 0
93 Cal. App. 2d 448 (1949) THE PEOPLE, Respondent, v. GERALDINE RHOADES, Appellant. Crim. No. 2089. California Court of Appeals. Third Dist. Aug. 22, 1949. Leslie C. Gillen, W. E. Halley and Archibald M. Mull, Jr., for Appellant. Fred N. Howser, Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent. PEEK, J. Defendant appeals from a judgment convicting her of four c...
Views: 8
The question for decision is whether the trial court abused its discretion in granting a motion for a new trial against a concurrent tort feasor on the ground that two instructions are contradictory in addition to the fact that a number of instructions effectually directed a verdict for appellant. The accident occurred on a three-lane public highway while plaintiff Lois Copley was driving in he...
Views: 4
93 Cal. App. 2d 459 (1949) WILLIAM P. MEHERIN, Appellant, v. MARK M. MEHERIN, JR. et al., Respondents. Civ. No. 13964. California Court of Appeals. First Dist., Div. One. Aug. 24, 1949. Courtney L. Moore and Charles R. Collins for Appellant. Frank J. Mahoney for Respondents. WARD, J. Plaintiff in an action for dissolution of a partnership and for an accounting appeals from the judgment in ...
Views: 5
93 Cal. App. 2d 467 (1949) E. A. SASNER, Appellant, v. EDWARD B. ORNSTEN, Respondent. Civ. No. 17047. California Court of Appeals. Second Dist., Div. One. Aug. 25, 1949. Hindin, Weiss & Girard for Appellant. No appearance for Respondent. WHITE, P. J. This is an action by plaintiff against defendant on three checks executed by the latter, two being made payable to one Lou Stein and the ...
Views: 0
93 Cal. App. 2d 473 (1949) THE PEOPLE, Respondent, v. PAUL LEE HOLT et al., Appellants. Crim. No. 4363. California Court of Appeals. Second Dist., Div. One. Aug. 25, 1949. Paul Lee Holt and Manuel Govia, in pro. per., for Appellants. Fred N. Howser, Attorney General, and Dan Kaufmann, Deputy Attorney General, for Respondent. WHITE, P. J. On January 19, 1939, the District Attorney of Los An...
Views: 9
93 Cal. App. 2d 479 (1949) CHARLES DANIELS et al., Appellants, v. JOHN McPHAIL et al., Respondents. Civ. No. 14057. California Court of Appeals. First Dist., Div. One. Aug. 29, 1949. Freitas, Keating & Freitas for Appellants. Martinelli, Gardiner & Riede for Respondents. WARD, J. The gist of this action appears in the following paragraph of the complaint: "That in the months of February an...
Views: 0
93 Cal. App. 2d 484 (1949) MARGARET WILLIAMSON, Appellant, v. PACIFIC GREYHOUND LINES (a Corporation), Respondent. Civ. No. 13890. California Court of Appeals. First Dist., Div. Two. Aug. 31, 1949. Clarence N. Riggins for Appellant. Dana, Bledsoe & Smith and A. Dal Thomson for Respondent. GOODELL, J. This is an appeal from a judgment on a verdict in defendant's favor in an action for d...
Views: 6
93 Cal. App. 2d 489 (1949) THE PEOPLE, Respondent, v. RICHARD E. SKEEN, Appellant. Crim. No. 4333. California Court of Appeals. Second Dist., Div. One. Sept. 1, 1949. Morris Lavine for Appellant. Fred N. Houser, Attorney General, and James A. Doherty, Deputy Attorney General, for Respondent. DRAPEAU, J. The prosecuting witness, Mrs. Edna H. Allen, is an elderly widow. Her daughter married ...
Views: 11
Defendant was charged by information with the crime of violation of section 288 of the Penal Code, in that on October 2, 1948, he committed a lewd and lascivious act upon the body of a certain 5-year-old child with the intent of arousing, appealing to and gratifying the lusts, passions and sexual desires of the said child and the defendant. Trial by jury was waived by the defendant, his counsel an...
Views: 6
93 Cal. App. 2d 497 (1949) In re ELLSWORTH CHIAPETTO, on Habeas Corpus. Crim. No. 2616. California Court of Appeals. First Dist., Div. One. Sept. 2, 1949. George T. Davis and Kenyon C. Keller for Petitioner. Fred N. Howser, Attorney General, Clarence A. Linn, Deputy Attorney General, Edmund G. Brown, District Attorney, and Elton G. Lawless, Deputy District Attorney, for Respondent. WARD, J....
Views: 6
93 Cal. App. 2d 500 (1949) JOSEPH W. ROWELL, Appellant, v. HENRY T. CROW et al., Respondents. Civ. No. 7601. California Court of Appeals. Third Dist. Sept. 2, 1949. Calkins, Hall, Linforth & Conard and Maurice E. Gibson for Appellant. Hawkins & Hawkins for Respondents. ADAMS, P. J. Appellant, an architect, brought this action to recover from respondents the sum of $20,207 alleged t...
Views: 5
93 Cal. App. 2d 504 (1949) PAUL A. HUNT, Petitioner, v. SUPERIOR COURT OF STANISLAUS COUNTY et al., Respondents. Civ. No. 7686. California Court of Appeals. Third Dist. Sept. 2, 1949. Bush & Ackley for Petitioner. Nathan B. McVay, F. M. Brack and A. M. Frad for Respondents. *505 ADAMS, P. J. This is a petition for a writ of prohibition to arrest the Superior Court of Stanislaus County ...
Views: 6
93 Cal. App. 2d 508 (1949) ROBERT H. KAUFMAN, Appellant, v. JOHN W. BROWN et al., Respondents. Civ. No. 3942. California Court of Appeals. Fourth Dist. Sept. 2, 1949. T. T. Crittenden for Appellant. J. F. DuPaul, City Attorney, Louis M. Karp, Deputy City Attorney, Thomas Whelan and Ann Wansley for Respondents. GRIFFIN, J. Plaintiff instituted this action on January 16, 1948, for wrongful a...
Views: 12
This is an appeal from a judgment entered on sustaining demurrers without leave to amend in an action for attorneys’ fees. Plaintiff as lessor, and defendants Morrison and Phipps as lessees, entered into a written lease of real property in the city of San Diego. The lessees, with the written consent of lessor, assigned the lease to defendants George and Genell Styliano who conducted a business on ...
Views: 0
This action involves the validity of a personal property tax levied for the year 1947-48 upon cer*523tain ships moored in San Diego harbor. The plaintiff paid the tax under protest and brought this action to recover the amount paid. The cause was heard upon an agreed statement of facts. The plaintiff is a New Jersey corporation, and none of its officers reside in California. On December 4, 1946, i...
Views: 4
Caesar Milani was an employee of the city water department of the city of Vallejo. Some time prior to June 28, 1946, the city decided to replace the existing- 4-inch water main into the Sperry Flour Mill with an 8-inch main. The new water main was to be placed under spur tracks of the Southern Pacific Company used for service to the flour mill premises owned by General Mills, Inc. There are six sp...
Views: 1
93 Cal. App. 2d 532 (1949) RENO RAWLTON PAYNE, Appellant, v. REAL ESTATE COMMISSIONER OF THE STATE OF CALIFORNIA et al., Respondents. Civ. No. 7655. California Court of Appeals. Third Dist. Sept. 6, 1949. Busick & Busick and Charles O. Busick, Sr., for Appellant. Fred N. Howser, Attorney General, and Leonard M. Friedman, Deputy Attorney General, for Respondents. SCHOTTKY, J. pro tem. P...
Views: 8
93 Cal. App. 2d 538 (1949) Estate of WILFRID JOSEPH LA BELLE, Deceased. MINERVA C. BIRNIE, Respondent, v. ELIZABETH M. LA BELLE, Appellant. Civ. No. 14038. California Court of Appeals. First Dist., Div. Two. Sept. 7, 1949. Sherman & Peters for Appellant. Charles H. Baldwin and Norman A. Gregg for Respondent. GOODELL, J. A petition was filed by respondent, the daughter of the testator, ...
Views: 4
93 Cal. App. 2d 545 (1949) RAY C. ROBERTS, Plaintiff and Appellant, v. CITY OF PALOS VERDES ESTATES et al., Defendants and Appellants. Civ. No. 17070. California Court of Appeals. Second Dist., Div. One. Sept. 7, 1949. McLaughlin, McGinley & Hanson and James A. McLaughlin for Plaintiff and Appellant. Donald Armstrong for Defendants and Appellants. DORAN, J. The record reveals that the ...
Views: 0
93 Cal. App. 2d 549 (1949) THE PEOPLE, Respondent, v. KENNETH BENNETT et al., Defendants; ROBERT STEWART, Appellant. Crim. No. 2122. California Court of Appeals. Third Dist. Sept. 7, 1949. Grover C. Julian for Appellant. Fred N. Howser, Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent. PEEK, J. Defendant Robert Stewart appeals from a judgment convicting him of ...
Views: 13
93 Cal. App. 2d 553 (1949) WILLIAM A. BARNETT et al., Respondents, v. JESSE LEE GARRISON et al., Appellants. Civ. No. 14026. California Court of Appeals. First Dist., Div. Two. Sept. 8, 1949. Campbell, Hayes & Custer, Frank L. Custer and Edward J. Niland for Appellants. James F. Boccardo and John E. Longinotti for Respondents. NOURSE, P. J. This is an appeal by defendant from an order ...
Views: 0
93 Cal. App. 2d 559 (1949) UNITED STATES FIDELITY AND GUARANTY COMPANY (a Corporation), Respondent, v. HENRY J. SULLIVAN, Appellant. Civ. No. 16820. California Court of Appeals. Second Dist., Div. Three. Sept. 8, 1949. Claude B. Morton and Henry J. Sullivan for Appellant. Hugh B. Rotchford and Henry A. Schultz for Respondent. VALLEE, J. Appellant here, defendant below, appeals from a summa...
Views: 5
93 Cal. App. 2d 562 (1949) JOSEPH E. MARTIN et al., Plaintiffs and Respondents, v. L. R. BUTTER et al., Appellants; BERNICE L. COLLISCHONN, Defendant and Respondent. Civ. No. 14029. California Court of Appeals. First Dist., Div. One. Sept. 13, 1949. J. Elwood Andresen for Appellants. Raymond J. Ferrario and Robert S. Kernes for Plaintiffs and Respondents. Breed, Robinson & Stewart for D...
Views: 3
93 Cal. App. 2d 568 (1949) ANN HANSEN, Appellant, v. EDWARD HANSEN, Respondent. Civ. No. 14101. California Court of Appeals. First Dist., Div. One. Sept. 13, 1949. Phil F. Garvey, Julia M. Easley and James A. Himmel for Appellant. Eugene Elerding for Respondent. PETERS, P. J. There is no merit to this appeal. Appellant secured an interlocutory decree of divorce from her husband, the respo...
Views: 3
93 Cal. App. 2d 572 (1949) JACOB GOLDMAN et al., Respondents, v. JOHN LEE HOUSE et al., Appellants. Civ. No. 14140. California Court of Appeals. First Dist., Div. One. Sept. 13, 1949. Charles H. Blagburn and James Sykes for Appellants. Leon A. Blum for Respondents. WARD, J. This is an appeal from a judgment against defendants John Lee House and Marie House, husband and wife, in a personal ...
Views: 7
93 Cal. App. 2d 577 (1949) Estate of KATE A. ZARING, an Incompetent Person. MANSON H. ZARING, Respondent, v. JOHN E. GLOVER, Appellant. Civ. No. 16848. California Court of Appeals. Second Dist., Div. One. Sept. 13, 1949. Richard H. Cantillon for Appellant. Paul Taylor for Respondent. DRAPEAU, J. Kate A. Zaring and her husband during their marriage owned a rooming house in Los Angeles. Titl...
Views: 11
Plaintiff and appellant, surviving husband of Tymie P. Teeple, deceased, filed this action for reformation of a deed which conveyed certain real property to Tymie P. Teeple as her separate property, and by *582said action sought to reform the deed so that it would convey the property to himself and Tymie P. Teeple as joint tenants. Defendant and respondent Henry IT. Stanley is a son of said deceas...
Views: 0
This is a judgment roll appeal. Defendant and cross-complainant appeals from the “judgment in declaratory relief” in favor of plaintiffs and from the denial of any affirmative relief on defendant’s cross-complaint, the allegations of which are in the nature of a complaint for rescission. The complaint alleges a cause of action by plaintiffs for (1) specific performance and (2) declaratory relief. ...
Views: 0
This is an appeal in a divorce action from an order denying a motion to set aside an order appraising an automobile, part of the community property of the parties and for reappraisement. In November, 1947, appellant, *590wife, was granted an interlocutory decree of divorce in which, as her one-half of the community property she was, among other things, awarded “one-half the market value of the 194...
Views: 11
93 Cal. App. 2d 594 (1949) RICHARD D. LARKIN et al., Respondents, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a Corporation), Appellant. Civ. No. 16987. California Court of Appeals. Second Dist., Div. One. Sept. 16, 1949. Chambers & Lyman and Robert Chambers for Appellant. Sprague & Sparks and Richard W. Sprague for Respondents. WHITE, P. J. This is an appeal by defe...
Views: 2
This is an appeal by plaintiffs from an order granting defendant’s motion for a new trial after a jury verdict in favor of H. G. Rembold, the surviving husband of Thelma Rembold, deceased, and Verne Marie Rembold, daughter of decedent, in an action to recover damages for the death of said Thelma Rembold who was killed in an automobile collision alleged to have been due to the negligence of defenda...
Views: 4
93 Cal. App. 2d 608 (1949) ALBERTA WINTHER et al., Plaintiffs, v. WILTON M. MORRISON, Defendant and Respondent; UNITED STATES OF AMERICA, Defendant and Appellant. Civ. No. 3948. California Court of Appeals. Fourth Dist. Sept. 17, 1949. Theron Lamar Caudle, Assistant Attorney General of the United States, Ellis N. Slack, A. F. Prescorr, Hilbert P. Zarky, Helen Goodner, Special Assistants to th...
Views: 12
93 Cal. App. 2d 616 (1949) Estate of LEO SCHOMAKER, Deceased. GARNETT CHRISTINE SCHOMAKER, Appellant, v. MARGARET EDY, Respondent. Civ. No. 14042. California Court of Appeals. First Dist., Div. Two. Sept. 19, 1949. Walter H. Duane for Appellant. William A. O'Brien for Respondent. RUNNELLS, J. pro tem. This is an appeal from an order appointing respondent, Margaret Edy, the administratrix o...
Views: 12
93 Cal. App. 2d 624 (1949) Estate of MARY ELIZABETH MERRICK, Deceased. JAMES A. MERRICK et al., Appellants, v. JOHN P. MERRICK et al., Respondents. Civ. No. 14056. California Court of Appeals. First Dist., Div. Two. Sept. 19, 1949. Clarence E. Rust for Appellants. Samuel L. Gold and Augustin Donovan for Respondents. RUNNELLS, J. pro tem. Four of the heirs of Mary Elizabeth Merrick, decease...
Views: 5
93 Cal. App. 2d 629 (1949) WILLIE JAMES POWELL, Appellant, v. PACIFIC NAVAL AIR BASE CONTRACTORS (a Corporation) et al., Defendants; THE VENTURA COUNTY RAILWAY COMPANY, Respondent. Civ. No. 16853. California Court of Appeals. Second Dist., Div. One. Sept. 19, 1949. Sampson & Dryden and DeWitt Morgan Manning for Appellant. O'Melveny & Myers, Lauren M. Wright and Rodney K. Potter for R...
Views: 1
Defendant objected to the introduction of any evidence upon the ground that the amended complaint did not state facts sufficient to constitute a cause of action. The objection was sustained, and judgment was entered in favor of defendant. Plaintiff appeals. The amended complaint alleged that on January 15, 1945, plaintiff and defendant entered into a written contract which was as follows: “ Chartr...
Views: 0
Defendant appeals from a judgment in favor of plaintiff in the sum of $2,416. The complaint set forth three separate causes of action of this amount on quantum meruit, account stated, and open account. Defendant’s “answer and counterclaim” alleged that on February 10, 1947, plaintiff orally agreed to remove a two store wooden building from one location to another on defendant’s premises; and that ...
Views: 0
93 Cal. App. 2d 646 (1949) KATHLEEN RICE, Respondent, v. JAMES C. RICE, Appellant. Civ. No. 16852. California Court of Appeals. Second Dist., Div. Three. Sept. 19, 1949. William R. Law for Appellant. F. Walter French and Frank J. Indovina for Respondent. WOOD, J. Appeal by defendant from an order granting a motion of plaintiff (1) to vacate an interlocutory decree of divorce, and (2) to fi...
Views: 6
93 Cal. App. 2d 653 (1949) DANIEL W. GRIMES, Appellant, v. L. B. ALLEN et al., Respondents. Civ. No. 7636. California Court of Appeals. Third Dist. Sept. 19, 1949. F. H. Bowers and R. A. Boon for Appellant. Al. B. Broyer and Robinson & Robinson for Respondents. SCHOTTKY, J. pro tem. [fn. *] Appellant, Daniel W. Grimes, a resident of Roseville, in Placer County, commenced an action *654 ag...
Views: 3
This is an action to recover damages for breach of an oral agreement to level land. On February 21, 1946, plaintiff bought from one Murdock 160 acres of land in Kern County. Plaintiff, who spoke but little English, orally authorized Murdock to arrange for grading and leveling the land. He set a limit of $50 per acre as the cost price. Plaintiff entered into a written agreement with one Claborn to ...
Views: 4
93 Cal. App. 2d 664 (1949) THE PEOPLE, Respondent, v. MIGUEL F. LOPEZ, Appellant. Crim. No. 677. California Court of Appeals. Fourth Dist. Sept. 19, 1949. Rosen & Taylor for Appellant. Fred N. Howser, Attorney General, and Howard S. Goldin, Deputy Attorney General, for Respondent. GRIFFIN, Acting P. J. It was charged in count one of the information that on December 22, 1948, defendant ...
Views: 6
Jennie Fraser Hunter, individually and as administratrix of the estate of Rachel J. Fraser, appeals from a judgment directing the payment of certain income of an inter vivos trust created by Rachel J. Fraser. Article VI of the trust instrument, which was executed on July 8, 1932, provided that the entire net income from the trust estate was to be paid to the trustor during her lifetime; upon her d...
Views: 1
93 Cal. App. 2d 678 (1949) THEODORE T. NEAL, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a Corporation), Respondent. Civ. No. 16844. California Court of Appeals. Second Dist., Div. Three. Sept. 20, 1949. Geo. P. Cook for Appellant. Hugo A. Steinmeyer, G. L. Berrey and Geo. L. Beckwith for Respondent. SHINN, P. J. The original complaint in this action, which named ...
Views: 8
93 Cal. App. 2d 684 (1949) K. K. LOWE, Respondent, v. GEORGE LOYD et al., Appellants. Civ. No. 3788. California Court of Appeals. Fourth Dist. Sept. 20, 1949. David E. Peckinpah and L. N. Barber for Appellants. L. Kenneth Say for Respondent. MUSSELL, J. This is an action by a real estate broker to recover commission. Plaintiff and defendants executed a written contract on August 24, 1946,...
Views: 3
93 Cal. App. 2d 687 (1949) ANDREW NORMAN, Respondent, v. DOROTHY EVELYN BURKS, Appellant. Civ. No. 16886. California Court of Appeals. Second Dist., Div. One. Sept. 21, 1949. Hugh B. Rotchford, Richard T. Drukker and Chase, Rotchford, Downen & Chase for Appellant. Paul Overton, Gail B. Selig, Horace S. Wilson and Neil G. Locke for Respondent. *689 DRAPEAU, J. Plaintiff is a married man...
Views: 6
93 Cal. App. 2d 692 (1949) VERDA E. BARDER, Respondent, v. ELLERY G. McCLUNG et al., Defendants; RAYMOND E. PIERCE et al., Appellants. Civ. No. 17135. California Court of Appeals. Second Dist., Div. One. Sept. 21, 1949. Henry C. Rohr for Appellants. Richard M. Thompson for Respondent. DRAPEAU, J. The instant action for damages is based upon the alleged fraud of defendants in a sale to plai...
Views: 8
93 Cal. App. 2d 698 (1949) KENNETH C. HARDY et al., Appellants, v. MUSICRAFT RECORDS, INC., Respondent. Civ. No. 17104. California Court of Appeals. Second Dist., Div Two Sept. 21, 1949. Demetriou & Viney and John F. Reed for Appellants. A. E. Coppleman and Allan J. Greenberg for Respondent. WILSON, J. Appeal by plaintiffs from a judgment in favor of defendant in an action for money ha...
Views: 1
This appeal is without merit. Appellant and his two codefendants were charged in two counts of the information with armed robbery and in count three with kidnaping for the purpose of robbery. The information also alleged that defendants were armed at the time of their arrest and that appellant had suffered a prior conviction of felony and had served a term of imprisonment therefor in the state pri...
Views: 12
This is an appeal from a judgment and order dismissing an action under the provisions of section 581a of the Code of Civil Procedure. *708Plaintiff brought this action on October 1, 1941, to quiet his title to real property in San Diego. Summons in the action was served on the defendant city of San Diego on September 19,1944, but it was not returned to the court until October 17, 1944. On October ...
Views: 3
Defendant appeals from a judgment based upon a written contract, by which plaintiff agreed to rent to defendant a certain number of sheets, towels and similar articles and thereafter launder the same and keep defendant supplied with a specified number of each of the articles. Defendant contracted to rent from plaintiff exclusively all articles so specified, to pay for such rental and laundry servi...
Views: 1
Plaintiff instituted a separate maintenance action on the ground of extreme cruelty against defendant in San Diego County. She sought $2,000 per month as support money, and claimed community interest in considerable described property. On application of the defendant husband the action was transferred to Imperial County because it was claimed he was a resident of that county at the time. Defendant...
Views: 5
93 Cal. App. 2d 729 (1949) FRANK C. WEAVER, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent. Civ. No. 14204. California Court of Appeals. First Dist., Div. One. Sept. 23, 1949. Carroll, Davis & Freidenrich for Petitioner. Henry C. Clausen for Respondent. PETERS, P. J. By this proceeding in mandamus the petitioner seeks to compel the trial court to disc...
Views: 5
Appellant was convicted of a violation of section 4502 of the Penal Code. He appeals from the judgment of conviction and from the order denying his motion for a new trial. Section 4502 provides that “Every prisoner committed to a State prison who, while at such State prison . . . possesses or carries upon his person . . . any dirk or dagger or sharp instrument, ... is guilty of a felony and shall ...
Views: 0
93 Cal. App. 2d 744 (1949) THE PEOPLE, Respondent, v. REBEL B. CORNETT, Appellant. Crim. No. 808. California Court of Appeals. Fourth Dist. Sept. 23, 1949. J. M. Lopes for Appellant. Fred N. Howser, Attorney General, and Henry A. Dietz, Deputy Attorney General, for Respondent. MUSSELL, J. Defendant was charged with the murder of Fred Weaver Cole, the stepfather of his divorced wife. A jury...
Views: 13
93 Cal. App. 2d 750 (1949) Estate of VIOLA C. CARR, Deceased. ELIZABETH CARR SULLIVAN, Respondent, v. H. G. JORGENSEN et al., Appellants. Civ. No. 14053. California Court of Appeals. First Dist., Div. Two. Sept. 26, 1949. Hudson, Martin, Ferrante & Street for Appellants. Mahaney, McDonald & Isenberg for Respondent. GOODELL, J. Viola C. Carr died in Monterey on August 4, 1943, aged ...
Views: 4
93 Cal. App. 2d 757 (1949) JULIUS C. DUFFEY et al., Respondents, v. GENERAL PETROLEUM CORPORATION (a Corporation), Appellant. Civ. No. 7669. California Court of Appeals. Third Dist. Sept. 26, 1949. Goldstein, Barceloux & Goldstein for Appellant. L. C. Smith for Respondents. ADAMS, P. J. Plaintiffs, husband and wife, brought this action against defendant corporation for injuries to thei...
Views: 7
93 Cal. App. 2d 761 (1949) CREDIT BUREAU OF SAN DIEGO, INC. (a Corporation), Appellant, v. MYRON SAMUEL WOLF et al., Defendants; ELBERT L. CROW, Respondent. Civ. No. 3955. California Court of Appeals. Fourth Dist. Sept. 26, 1949. Ruel Liggett and Roy M. Cleator for Appellant. A. T. Procopio for Respondent. MUSSELL, J. Plaintiff appeals from a judgment in favor of a third party claimant in ...
Views: 0
93 Cal. App. 2d 765 (1949) PETER MENDIONDO, Appellant, v. CHARLES E. GREITMAN, as Administrator, etc., Respondent. Civ. No. 7616. California Court of Appeals. Third Dist. Sept. 28, 1949. Manwell & Manwell for Appellant. L. C. Anderson for Respondent. PEEK, J. Plaintiff commenced this action against the administrator of the estate of George Dewey Greitman, deceased, to specifically enfo...
Views: 1
Four actions for declaratory relief were consolidated for trial and from the four declaratory judgments which followed appeals are prosecuted by the Attorney General of the United States, plaintiff in intervention in each action (hereinafter called intervener), and the Superintendent of Banks of the State of California, defendant. The four actions present common questions of law on facts in all ma...
Views: 11
93 Cal. App. 2d 777 (1949) THE PEOPLE, Respondent, v. GARRETT A. WILLIAMS, Appellant. Crim No. 2609. California Court of Appeals. First Dist., Div. Two. Sept. 29, 1949. Garrett A. Williams, in pro. per., for Appellant. Fred N. Howser, Attorney General, and David K. Lener, Deputy Attorney General, for Respondent. GOODELL, J. This appeal is from an order of May 31, 1949, denying appellant's ...
Views: 5
93 Cal. App. 2d 780 (1949) THE PEOPLE, Respondent, v. JAMES CARL THOMPSON, Appellant. Crim. No. 4349. California Court of Appeals. Second Dist., Div. Three. Sept. 29, 1949. David Silverton for Appellant. Fred N. Howser, Attorney General, and William E. James, Deputy Attorney General, for Respondent. SHINN, P. J. Defendant was convicted in a trial to the court of two offenses of assault wit...
Views: 10
By this action plaintiff, as lessee of certain lands situated in Merced County, sought a declaration of his rights and duties under a certain lease agreement entered into with the defendant as lessor. The complaint alleged that plaintiff had been evicted by the act of defendant in farming a portion of the leased premises and that plaintiff’s duty to pay rent was thereby terminated. The defendant f...
Views: 0
93 Cal. App. 2d 788 (1949) Estate of MARY ELIZABETH SELB, Deceased. EDWARD C. SELB, Appellant, v. BERTHA ELIZABETH MORRIS, as Administratrix with the Will Annexed, etc., Respondent. Civ. No. 7648. California Court of Appeals. Third Dist. Sept. 29, 1949. C. Ray Robinson, W. Eugene Craven and Margaret A. Flynn for Appellant. Vernon F. Gant and Carlos J. Badger for Respondent. SCHOTTKY, J. pro...
Views: 6
The three above named actions were commenced by plaintiffs and appellants against defendants and respondents to recover taxes paid under the Retail Sales Tax Act of the State of California (Stats. 1933, p. 2599, as amended) for periods prior to July 1, 1943. The respondents having asserted that certain receipts of appellants were subject to the retail sales tax, the appellants paid the taxes, i...
Views: 8
John W. Hartman, aged 14, and two other minors, were originally charged by grand jury indictment with the crime of involuntary manslaughter in that they did, on June 11, 1948, kill one Jose Inez Estrada, aged 9 years. The case was transferred to the juvenile court for hearing and after taking evidence the juvenile court de *803 clared all of the minors wards of the court. Hartman w...
Views: 5
This is an action to impress a trust upon the proceeds of a United States war risk insurance policy and was filed by plaintiffs, the son and daughter respectively of the deceased Barton H. Kauffman, against their stepmother Angie Florence Kauffman who was the beneficiary named in the policy. The appeal is from a judgment in favor of defendant and is presented upon the judgment roll. The facts a...
Views: 9
93 Cal. App. 2d 815 (1949) DANIEL ST. GEORGE et al., Petitioners, v. SUPERIOR COURT OF SAN MATEO COUNTY et al., Respondents. Civ. No. 14323. California Court of Appeals. First Dist., Div. One. Sept. 30, 1949. Kirkbride, Wilson, Harzfeld & Wallace for Petitioners. Frank V. Kington for Respondents. PETERS, P. J. The petition for a writ of mandate must be denied. The petition alleges tha...
Views: 3
Defendant was convicted by a jury of eight felonies—four counts of kidnaping (Pen. Code, § 207), and four counts of rape by force and violence (Pen. Code, § 261). After judgment he moved for a new trial. From the judgment and the order denying the motion for new trial, he has appealed. Contentions Defendant does not attack the sufficiency of the evidence to support the convictions, other than to c...
Views: 17
Petition for writ of habeas corpus on the ground that the term of sentence under which petitioner is imprisoned was beyond the jurisdiction of the court. Petitioner was convicted of a violation of section 702 of the Welfare and Institutions Code (contributing to the *827delinquency of a minor) and sentenced to imprisonment in the county jail for the term of two years. Her confinement began on July...
Views: 0
93 Cal. App. 2d 827 (1949) IRENEO ROTEA, Respondent, v. TERESA ROTEA, Appellant. Civ. No. 16828. California Court of Appeals. Second Dist., Div. Three. Sept. 30, 1949. Claude A. Watson, Edward P. Hart and Henry F. Walker for Appellant. Willedd Andrews for Respondent. WOOD, J. Action to quiet title to an undivided one-half interest in a house and lot. Defendant appeals from the judgment in ...
Views: 1
93 Cal. App. 2d 834 (1949) THE PEOPLE, Respondent, v. BENJAMIN MEARSE, Appellant. Crim. No. 4371. California Court of Appeals. Second Dist., Div. Three. Sept. 30, 1949. Philip M. Schwabacher for Appellant. Fred N. Howser, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent. WOOD, J. Defendant was charged in count one of an information with assault with a deadly ...
Views: 1
Petition for writ of mandate directing respondent State Personnel Board to authorize payment of petitioner’s salary for the period from December 4, 1948, to March 25, 1949. The main question is: Under the State Civil Service Act, where charges are filed against a state employee by the appointing power and he is suspended by such power from service pending the hearing of such charges, and one of th...
Views: 1
Defendant Rupert having deceased three months after the filing of this action and the due levy of a writ of attachment upon his property, his administratrix moved to dissolve the writ by reason of such death. She now appeals from the order denying the dissolution. It has been the established law for over 80 years that the death of a defendant destroys the lien of an attachment *845 ...
Views: 3
On January 8, 1940, the parties to this action executed articles of copartnership for the purpose of operating an automobile parking station and thereafter transacted the partnership’s business. On March 8, 1943, the articles were modified by a writing which provided that (1) at the close of the war respondent might check the business *847done for five months; (2) during such five months responden...
Views: 1
93 Cal.App.2d 849 (1949) FEODORA LEWIS, Appellant, v. SOUTH SAN FRANCISCO YELLOW CAB COMPANY (a Partnership) et al., Respondents. Civ. No. 14107. California Court of Appeals. First Dist., Div. One. Oct 4, 1949. E. C. Mahoney for Appellant. Hoge, Pelton & Gunther, Harry N. Grover, Leo V. Killion and Reginald M. Watt for Respondents. BRAY, J. From a judgment entered after order granting defe...
Views: 0
The questions for decision are: whether respondent contracted to install a steam generator and whether the evidence supports the findings. • Appellant manufactures cheese. Respondent fabricates steam generators. On August 2, 1946, respondent through its president Allen contracted to construct and deliver a steam generator to appellant’s place of business. At the same time respondent advised app...
Views: 0
The defendant, II. V. Stone, appearing in proper person, moved this court to recall and quash a remittitur after the judgment of conviction of conspiracy to commit abortions had been affirmed on appeal. It is contended the remittitur should be recalled because the judgment is invalid on account of the admission in evidence of medical instruments and Dorex soap solution “without complete knowledge ...
Views: 5
93 Cal. App. 2d 864 (1949) CLARENCE NOBLIT et al., Respondents, v. BLICKSHIRE HOTELS AND MOTELS, INC. (a Corporation) et al., Appellants. Civ. No. 16954. California Court of Appeals. Second Dist., Div. Two. Oct. 5, 1949. Siemon, Maas & Siemon for Appellants. Michael M. Motta for Respondents. McCOMB, J. Defendants appeal from a judgment in favor of plaintiffs after trial before the court wi...
Views: 0
Appeal from judgment in favor of defendants Waters and Jones following the sustaining of a demurrer to the second amended complaint without leave to amend. Respondents Waters, through their attorney respondent Jones, filed an action for unlawful detainer against appellant in the Municipal Court of Los Angeles. Judgment was rendered in favor of the plaintiffs from which an appeal was taken to th...
Views: 2
This is a suit for injunction to restrain the defendants from maintaining or removing buildings alleged to have been constructed on the rights of way and easements of plaintiff across the lands of defendants in Solano County. The amended answer of the defendants alleges equitable defenses to the action. Plaintiff’s demurrer to the answer was sustained without leave to amend the pleading. Judgment ...
Views: 0
The defendant is a practicing attorney in good standing at this bar. During the year 1948, in compliance with ordinance No. 3432 (New Series) of the city of San Diego, adopted January 14, 1947, the defendant paid the fee for procuring a license to engage in the general practice of law in the city of San Diego. During the year 1949, the defendant, while still engaged in the practice of law in the c...
Views: 4

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