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All Reporters → cal-app-2d → Volume 98
Opinions in cal-app-2d Volume 98
Appellants William Griffin, Wiley H. Caddel, and James Mulligan, together with defendants Fred Grange, Paul McCarty and Robert Gray, were jointly indicted in Mendocino County on five counts of felony. The first count charged conspiracy to violate sections 67 and 68 of the Penal Code, in that from about November 1, 1947, to and including June 13, 1948, all six defendants conspired to give and of...
Views: 13
Elbert M. Colvin and Leona J. Colvin were owners of a house and lot near Los Altos in Santa Clara County. Antonio George and Lucia D. George were the agents for S. Iacobueci and Jane Doe Iaeobucci, the parents of Mrs. George. The Iacobuccis desired to purchase a home in that vicinity and move from Rhode Island. By written deposit receipt dated December 1, 1947, the Colvins agreed to sell said h...
Views: 7
This is an appeal from an order of the superior court denying a motion of the plaintiff to vacate a final decree of divorce on the ground that it was secured by fraud. After a hearing, the trial court denied the motion to vacate by a minute order dated October 2, 1947. There was no direction in the minute order that a formal order was to be later prepared. Thereafter, on October 30, 1947, the *6...
Views: 2
98 Cal.App.2d 70 (1950)
219 P.2d 40
Estate of H.C. MERRITT, JR., Deceased.
PACIFIC STATES CORPORATION (a Corporation), Appellant,
v.
HELEN MERRITT, as Executrix, etc., Respondent.
Docket No. 14369.
Court of Appeals of California, First District, Division One.
June 12, 1950.
Derthick & Cusack for Appellant.
Young, Hudson & Rabinowitz for Respondent.
PETERS, P.J.
This is an appeal by the Pa...
Views: 7
is an appeal by the Pacific States Corporation, principal creditor of the estate of H. C. Merritt, Jr., from the decree settling the final account of the executrix, and from that portion of the decree awarding compensation to the executrix and her attorney for extraordinary services. The estate is insolvent. On distribution it developed that the approved claims of the general creditors against the...
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The decedent, A. H. Winder, died on or about March 10, 1948, in Alameda County, California, and thereafter respondent, Rulura T. Winter, filed a petition for letters of administration alleging that she was the surviving spouse of said decedent. Her petition was regularly set for hearing on March 24. On March 30, appellant Dorothy Winder Smith and Beatrice Martens, daughters of decedent A. H. Wi...
Views: 9
In an action for personal injuries the jury brought in a verdict for the defendant. Thereafter, the trial court, on motion of plaintiff, granted a new trial on the sole ground that certain instructions “did not fully state the law on trespass.” On all other grounds set forth by plaintiff, the motion was denied. Defendant appeals. The city and county of San Francisco, as employer of the plaintif...
Views: 19
Plaintiff, a brakeman employed by defendant in its yards at The Dalles, Oregon, brought this action for personal injuries pursuant to the Federal Employers’ Liability Act. (45 U.S.C.A. § 51 et seq.) The action was tried by a jury which rendered a verdict in favor of defendant. Plaintiff has appealed from the judgment entered on the verdict. The principal question raised on the appeal is whether th...
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Philip Rive, a resident of San Francisco, died testate on July 12,1945, leaving an estate of about $116,-000. The dispositive provision of his will provides that “In event of my death I desire my estate to go to IT. S. Treasury Dept, to assist in war effort.” Appellants, claiming to be a nephew and niece of decedent, and, as such, his next of kin and heirs at law, contested the petition for final...
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Defendants Transcontinental and Western Air, Inc. (hereinafter referred to as T. W. A.), The Texas Company (referred to in plaintiffs’ complaint as Texaco Co.), and Eugene Flaucher, have appealed from judgments entered on verdict of the jury in favor of plaintiffs Whitney Duvall and Alberta Duvall, husband and wife, in an action to recover for personal injuries received in a truck and automobil...
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Page 116
98 Cal. App. 2d 116 (1950)
W. E. CONRAD, Respondent,
v.
MABEL E. WEST, Appellant.
Civ. No. 17421.
California Court of Appeals. Second Dist., Div. Two.
June 15, 1950.
George W. Manierre and Paul G. Breckenridge for Appellant.
Leonard Wilson for Respondent.
McCOMB, J.
From a judgment in favor of plaintiff after trial before the court without a jury in an unlawful detainer action, defendant a...
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From a judgment in favor of defendant after trial before the court without a jury in an action to recover on a policy insuring against loss by theft, plaintiffs appeal.
Facts: On or about January 9, 1947, defendant issued to plaintiffs, Herman Kleinberg, Lillian Kleinberg and Henry B. Feltenberg, doing business as Henry’s Liquors, a policy insuring them against loss by inside or outside holdup in ...
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Page 121
This appeal is from an order appointing respondent administratrix of the estate of Daniel Perez, deceased. Facts: Respondent and deceased were residents of the State of California. On or about August 11, 1948, respondent went to a physician for the purpose of obtaining a health *122 certificate so that she might obtain a license to marry Daniel Perez. The doctor refused to give her such cer...
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Defendant was charged with the murder of one James Kibrick. He pleaded not guilty and on a trial *125 before a jury was. convicted of murder in the first degree and was sentenced to the state prison for life. His motion for a new trial was denied. This appeal is from the order denying the motion for new trial and from the judgment. The only ground for appeal assigned by defendant which we nee...
Views: 46
Objector and appellant herein, Roy G. Den-linger, is the son of decedent. Under the terms of her will he is entitled to an undivided one-third interest in the estate. After the will had been admitted to probate and during the course of administration, the executrix, Ava Luton, daughter of deceased, filed a petition to sell, at private sale, to the highest bidder, subject to confirmation by the co...
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On June 4, 1944, Henry Middleton Saunders executed a will in which he set forth that all of the property of his estate was the community property of him and his wife, Catherine Rose Saunders, and in which he confirmed unto his wife her one-half of the community property. The remaining one-half of said estate he bequeathed to various of his own relatives, one of whom, a nephew, he named as executo...
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Page 137
Appellant was charged with the crime of forgery. He was tried by a jury and convicted. He appeals from the judgment and order denying his motion for a new trial. *138Prior to the introduction in evidence of an extrajudicial statement made by appellant to an officer, the following had been shown. Under date of June 11, 1949, a check had been written, drawn on the Bank of America, Modesto Branch, di...
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This is an appeal from a judgment of the Superior Court of Sacramento County, which denied to Schuman the issuance of a writ of error coram nobis sought therefrom. The People have filed herein a motion to dismiss said appeal on the ground that the record relied upon shows no grounds for the issuance of a writ of error coram nobis, and that such appeal is without merit, Schuman was convicted...
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Page 142
This is an action for partition of a parcel of real property and to quiet title to household effects and equipment. The complaint alleges that the parties are husband and wife; that a decree of annulment of the marriage has been granted in favor of plaintiff wife; that the real property which is the subject of the partition is held by the parties as joint tenants; that it is free of encumbrance e...
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This appeal is from a judgment rendered by the trial court pursuant to an order sustaining a general and special demurrer of defendants Ostroff and Marks to plaintiff’s amended complaint without leave to amend. The complaint is for damages arising out of an alleged conspiracy *147 of defendants to deprive plaintiff corporation of a real estaté broker’s commission. The complaint charged that p...
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Action to recover the cost of repairing plaintiff’s truck which was damaged in a collision with an automobile driven by Ernest L. Wellman and owned by him and defendant Irene E. Wellman. Ernest Wellman lost his life as a result of the accident. The action was commenced in the Municipal Court of Los Angeles and because the damages resulted from the same accident as that which is the subject of ...
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J.—Action for personal injuries against Irene E. Wellman, The Pacific Telephone and Telegraph Company, and Francis Shade Connelly, the latter’s employee. After trial by jury a verdict was rendered in favor of defendants Telephone Company and Connelly. Judgment was entered on the verdict.
Plaintiff’s injuries resulted from a collision between an automobile driven by Ernest L. Wellman and a ...
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In this case, on November 30, 1944, one M. G. Lind, owner of property called Ocean Fish Market, leased same to Roy Watson for five years. On May 25, 1946, Watson sold the lease to M. C. Smith. The latter paid for the assignment of the lease, partly in cash and partly by his note for $1,700, the due date of the note being January 1, 1947. On February 20,1948, the note being unpaid, Watson assigned ...
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Prohibition. The estate of Mary DeBoie is in the course of probate in Sisldyou County, her surviving husband being the administrator. On October 13, 1948, two sisters of decedent filed in that proceeding their petition to determine heirship. The surviving husband appeared personally and claimed he was entitled to the whole estate as community property. Statutory notice to all persons who *166 m...
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This action was brought to recover damages for personal injuries alleged to have been suffered by plaintiffs in a collision between an automobile in which they were riding, driven by one Elsie Kay, and a truck owned by defendant Petrolane, Ltd., and driven by their employee, defendant Maxwell, in the course of his employment. The case was tried by a jury which rendered a verdict in favor of def...
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From a judgment in favor of plaintiff in an action for damages for breach of contract, defendant appeals.
As ground for reversal appellant contends the contract is invalid and unenforceable.
Respondent is a distributor of commercial ice cream freezers under a license agreement from the manufacturers. Prior to July 26, 1948, there were negotiations between appellant and one of responde...
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Page 181
On February 2, 1949, an election was held for the selection of directors of the West Side Irrigation District. Appellant Costa and respondent Banta were candidates for election in Division 3 of such district. It was concluded by the election officials that Costa and Banta had each received 39 votes. Thereafter the board of directors of the district, upon demand by Costa, recounted the votes and i...
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Petitioners John Jackson and Evelyn Jackson have applied for a writ of prohibition to be directed to the Superior Court of this state in and for the County of Merced, restraining that court from proceeding further under an information filed therein by the district attorney of that county, charging a public offense against petitioners. The information charged that petitioners on March 27, 1950, ...
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Defendants and appellants Juan M. Torres, Mario Garcia Tapia and Alfredo Barela Estrada were charged and convicted by the court sitting without a jury, with the crime of illegal possession of marihuana. The main point involved in this appeal is the sufficiency of the evidence to support the finding of possession.
Late at night on November 25, 1949, two officers stopped a Chevrolet sedan be...
Views: 16
98 Cal.App.2d 194 (1950)
PETER QUIRICI, Appellant,
v.
L. E. FREEMAN et al., Respondents.
Civ. No. 14255.
California Court of Appeals. First Dist., Div. One.
June 26, 1950.
DiMaria & DiMaria for Appellant.
Leon Boro and Matt Goldstein for Respondents.
SCHOTTKY, J. pro tem.
Plaintiff Peter Quirici, doing business as the Stanford Painting Company, purchased from the Hoffmann-Raissle Paint Co....
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In an action by plaintiff to set aside an order of adoption, a general and special demurrer to the first amended complaint was sustained without leave to amend. Plaintiff appeals from the judgment * Question Presented Does a complaint charging that a father’s consent to the adoption of his minor child was obtained by misrepresentation, and given while he was unable to realize the consequenc...
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Page 209
Plaintiff brought this action against defendant in the form of an ordinary quiet title action, alleging generally that defendant claimed an adverse interest in certain property in El Cajon; that in November, 1944, plaintiff instructed defendant to negotiate for the purchase of said property by a contract of purchase for and on his behalf, and that plaintiff would furnish the money therefor but ...
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The trial court, in an action brought by plaintiff to have defendant declared to be the father of one of her children, determined that defendant was the father of the child, and ordered him to make monthly payments for the support of the child, to pay the hospital and doctor’s bills incurred by plaintiff during the birth of the child, and to pay plaintiff’s counsel fees. Defendant appeals. Ther...
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This action was commenced by the bank against Greenback and others to set aside the settlement, for a fraction of its face value, of a judgment against Greenback, held by the bank, on the ground that such settlement had been secured by the fraud and misrepresentations of Greenback. Over the vigorous objection of defendants that they were entitled to a jury trial, the cause was tried before the ...
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By reason of the loss of two front teeth, lacerations, bruises and contusions of his body, the consequent shock to his nervous system as well as pain and mental anguish, respondent sued the defendants for wanton and malicious attacks upon him and demanded compensatory damages in the sum of $25,000 and punitive damages in the same amount. In a second count he claimed $15,000 compensatory damages...
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This is defendant’s appeal from an order granting a new trial on plaintiff’s motion. Also, plaintiff appealed from the judgment, but it will be dismissed.
The action is founded upon a promissory note for $5,974 which defendant executed in favor of Cycon, Inc., a corporation, on October 27, 1947, and which was endorsed thereafter by plaintiff as an accommodation. After payments had reduced ...
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Page 264
Plaintiff recovered $4,000 as damages resulting from injuries suffered when descending a stairway while a tenant or invitee on the premises of defendants. Four grounds are assigned for reversal, none of which is established.
Negligence in failing to keep the structure free from hazards was proved by the testimony of witnesses that the stairs were in a bad state of disrepair, a board was cracked, a...
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Plaintiffs appeal from the judgment in this action to enjoin defendants from interfering with the natural flow of surface waters from plaintiffs’ land over that owned by the defendants, for damages, and to require the defendants to *268 remove obstructions and levees alleged to have been constructed by them. The sole question involved, is the sufficiency of the evidence to support the findings ...
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Action for refund of taxes paid under protest. Plaintiff Vista Irrigation District was organized under the California Irrigation District Law (Water Code, div. 2.) It alleges that it acquired certain real property in 1946, which was then located outside the boundaries of plaintiff district and was then subject to tax by defendant in the hands of the plaintiff’s grantor; that on February 4, 1947, t...
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Page 276
The respondent herein and plaintiff below, as the purchaser of an airplane which was destroyed in an accident, instituted the present action to secure the return of money paid the appellant on account of the purchase price. The record discloses the execution of a written memorandum in the following language: “Los Angeles, California 2/28/47 “I hereby purchase Howard NC-67495 aircraft from L...
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The present controversy arises out of an election contest between appellant and respondent who were opposing candidates for the office of supervisor for the Third Supervisorial District of San Joaquin County in the November 1948 general election. The official canvass of the returns showed that the contestant Hawkins received a total of 7,256 votes and that the contestee Sanguinetti received 7,269...
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Jessie D. Wallace died testate on February 28, 1920, and a final decree of distribution was entered in her estate on August 22, 1921.
The testatrix left surviving her five brothers and sisters, to wit: Agnes I. Leggett, an appellant herein, T. Hunter Wallace, William Wallace, Jr. James H. Wallace, and Mary B. Wallace. Also surviving the testatrix were three nephews and one niece, to wit: R...
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Petitioner, a resident of Missouri, seeks a writ of prohibition to prevent the further prosecution of an action in the superior court in which he is defendant and Elsie Barker is plaintiff on the ground that the court has no jurisdiction of his person.
Petitioner was married to Elsie Barker’s daughter and has by her one son, Richard J. Franklin, Jr. In May, 1948, petitioner’s wife took the...
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Plaintiffs were lessees and defendants were lessors of an unfurnished bungalow apartment in a multiple unit building. The only means of ingress and egress to such building was upon a concrete driveway leading to garages in the rear. This driveway was used in common by all occupants of the premises, including the owner defendant Zibell. It is conceded that the driveway was broken and cracked in ...
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I concur, with the qualification, however, that I do not wish to be understood as approving any act of the Judicial Council which amounts to legislation. Petitioner’s application for a hearing by the Supreme Court was denied August 31,1950. Carter, J., voted for a hearing....
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Petitioner has pending in the superior court an action for the partition of real property. Trial was had for two days. While plaintiff was married to defendant, the property was acquired as community property. In 1931 petitioner was granted a divorce from defendant in the State of Texas. Texas, of course, could not adjudicate title to California real property. Defendant as minister of a church ...
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Page 305
Having been convicted of murder upon purely evidential circumstances appellant demands a reversal upon the grounds of insufficiency of the proof, error in not properly instructing the jury, denial of due process and equal protection of the law under state and federal Constitutions. While serious questions are raised as to the evidence of both motive and identity, the question for decision is whet...
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Katherine J. Blackmon made a holographic will on October 4, 1944. She died on November 29, 1947. By her will she gave various things to her sister Mary Fox, and *315she gave one dollar to each of three relatives of her deceased husband, but she did not give anything to any other person. Another sister of testatrix, a brother, and five children of a deceased brother, filed a petition to determine h...
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H. C. Fickeisen, as trustee in bankruptcy of Graceland, a corporation, by his amended complaint sought to quiet his title as trustee and that of the corporation to 5 acres of land in the county of Los Angeles which, with other land, is devoted to cemetery use. Defendants, Byron Feebler, Ethel M. Feebler, James Danziger, Edith W. Danziger, George W. Archer and A. F. Hutchinson, filed their answers...
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Action for declaratory relief instituted by plaintiff, assignee for the benefit of creditors of W. B. Stoddard, doing business as Pacific Pilot’s Plan, Inc. (hereinafter called “Pacific”), for a judicial declaration that he is entitled to recover from the (Gardena Branch) Bank of America National Trust and Savings Association (hereinafter referred to as the “Bank”) a sum of money allegedly owin...
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The question on this appeal is whether the trial court made a $199.88 mistake. The respondent, a bank, exercised good judgment in not filing a brief, inasmuch as it clearly appears from the record that the judgment is not in accordance with law.
The action is for the forfeiture of an automobile which was seized by the Division of Narcotic Enforcement while it was being knowingly used for t...
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Robert L. Mueseler and George G. Smith, as executors of the will of Augusta Mueseler, deceased, have moved the court to dismiss an appeal purportedly taken by Arthur P. Mueseler from an order entered June 8, 1949, construing the will of said decedent, determining certain other issues, and ordering partial distribution. The motion was made upon the ground that on June 13,1949, Arthur P. Mueseler si...
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Action for declaratory relief. The appeal from the interlocutory judgment and the appeal from the final judgment in this action were consolidated for the purpose of filing briefs and will be jointly considered. Defendant, since 1924, owned and operated the Casa deManana Hotel, a resort hotel of approximately 100 rooms located on a tract of 5% acres in La Jolla, in the city of San Diego. The pro...
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The defendant was charged with the murder of her husband and a jury found her guilty, in the second degree. She appeals from the judgment and from an order denying her motion for a new trial. The deceased was killed on September 9, 1948, at or near a house in Crestline where the defendant and their three small children were living. He was in the liquor business in San Pedro, coming home at weekend...
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J.—Defendant appeals from a judgment entered on the verdict of a jury. The jury returned a verdict of $27,500 which was reduced by plaintiff’s consent to $22,500 pursuant to an order denying a motion for new trial conditioned on such consent. Plaintiff, an employee of the Union Oil Company, was injured by the door of a boxcar falling upon him while he and a fellow employee were attempting to cl...
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Respondent, Department of Social Welfare, recovered judgment against the estate of Edwin C. Coram, deceased, for $2,641. This amount had been paid to Coram between July 1,1942 and April 30,1947, as an old age pension.
Coram died at the age of 81 years in October, 1947. He had lived alone for many years at Moss Landing and in April, 1947, he was found unconscious on the highway and taken to...
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Page 367
Plaintiff appeals from a judgment in favor of defendants. Plaintiff is a building contractor who constructed a home for defendants. He sued on a quantum meruit *368for work and labor in the sum of $8,967.62. Defendants alleged that the home was constructed under a written contract for an agreed price of $4,797. On this issue the trial court found in favor of defendants and plaintiff’s main content...
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This is an appeal from a judgment of nonsuit in a jury trial. It was alleged in the complaint “for fraud and negligent representations” that defendants Edgar Blaekshaw and Vic Lichtig, as agents for defendant Big Bear Land and Water Company, showed to plaintiff a parcel of land and stated that it was described as Lots 2 and 3 of Block 164; that plaintiff, relying upon such representation, signe...
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Page 375
The parties to this action were formerly husband and wife living in Ukiah, Mendocino County, California. On April 11, 1947 George Daut filed in that county an action for divorce. In an affidavit for service of summons by publication he alleged that defendant, Mildred Laverne Daut, was going under and using the name of Mrs. W. E. Schenck, and that she resided at Larch Road, Briarcliff Manor, in th...
Views: 9
98 Cal.App.2d 380 (1950)
Estate of WILTON M. MORRISON, Deceased. RUTH ROGERS et al., Appellants,
v.
SECURITY TRUST AND SAVINGS BANK OF SAN DIEGO (a Corporation), as Executor, etc., Respondent.
Civ. No. 3990.
California Court of Appeals. Fourth Dist.
July 10, 1950.
H. G. Sloane for Appellants.
Renwick Thompson for Respondent.
MUSSELL, J.
Appeal from an order denying admission to probate of ...
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Appeal from an order denying admission to probate of an holographic codicil.
Appellants Euth Eogers, Marjorie W. Phipps, Gladys Morrison, Lloyd Hanck and Mrs. J. Breckenridge are legatees and devisees named in a codicil to the will of Wilton M. Morrison and appeal from the order of the trial court denying its admission to probate.
From the settled statement, in lieu of a reporter’s transcript and ...
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Gregg W. Toland died on September 28, 1948, leaving surviving him his widow and three minor children one of whom, Lothian Toland, is his daughter by a prior marriage. Appellant, who is the mother of Lothian Toland, filed on her behalf a petition for family allowance. On June 2, 1949, the court ordered the executor to pay the sum of $175 a month to appellant for the use and benefit of Lothian To-*3...
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This is an appeal from an order settling objections to final account of administrator and decree of distribution. There are also purported appeals from (1) the “order denying motion to set aside and vacate order settling objections to final account of administrator and decree of distribution” and (2) the order denying motion for a new trial, which orders are nonappealable. Decedent at the time ...
Views: 1
98 Cal.App.2d 393 (1950)
Estate of ALICE M. PARKER, Deceased. KATHERINE DUDLEY STEWART et al., Appellants,
v.
THE SAN DIEGO TRUST AND SAVINGS BANK, as Executor, etc., et al., Respondents.
Civ. No. 3983.
California Court of Appeals. Fourth Dist.
July 11, 1950.
Wm. D. Morrison for Appellants.
Whelan & Whelan, Vincent Whelan, George H. Stone and Glen H. Munkelt for Respondents.
MUSSELL, J....
Views: 5
The last will and testament of Alice M. Parker, deceased, was admitted to probate in the county of San Diego on August 13, 1948. The decedent, by this instrument and three codicils thereto, disposed of her own estate and of a trust estate created by the last will of Myron T. Gilmore, over which Alice M. Parker had power of appointment and of testamentary disposition.
In the Parker estate, a United...
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This is an appeal from the judgment; a jury found for the defendants. It is contended on appeal that, “The evidence was insufficient to justify the jury’s verdict in favor of defendants”; that “The trial court erred in the giving of certain instructions requested by defendants, and in modifying and refusing to give certain instructions requested by plaintiff.” As recited in appellant’s brief, “The...
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From a judgment predicated upon the sustaining of a demurrer to plaintiff’s complaint without leave to amend in an action for declaratory relief, plaintiff appeals. Facts: The substance of plaintiff’s complaint is that “(a) Said defendants . . . have bribed the Los Angeles City Police Force with meals at half the regular price charged to other Citizens, which practice of buying Justice from Police...
Views: 0
Page 406
Plaintiff appeals from a judgment of dismissal entered upon an order sustaining a demurrer to his fourth amended complaint without leave to amend. There were 14 alleged causes of action in said complaint. Defendant demurred generally and specially. One of the *407 grounds of demurrer was that the alleged causes of action were barred by the “one-year period of limitation” of the usury law. The...
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Plaintiff sued in damages for the conversion of the furniture and furnishings in a hotel located at 403 First Street, in San Francisco. The cause was tried *414to a jury and a verdict of $5,000 returned for general damages. Punitive damages were denied. There is no material controversy as to the facts upon which the judgment rests; the chief attack by the appellants is that there is no evidence at...
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Petitioners sued in mandamus to review the order of the Fire Pension Board denying them a pension claimed for the death of their husband and father. The proceedings in the superior court were had on a transcript of the evidence taken by the pension board and of that taken before the Industrial Accident Commission in a separate proceeding which was compromised and settled. No new evidence was offe...
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Petitioner was a permanent employee in the classified Civil Service of San Mateo County assigned to the Department of Public Health. He was discharged pursuant to an accusation duly filed and heard by the county civil service commission charging him with misappropriation of county property. On September 16, 1947, he filed two separate actions in the superior court to review the proceedings before...
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Page 424
Plaintiff sued for divorce charging extreme cruelty. Defendant answered and filed a cross-complaint charging extreme cruelty. The trial court awarded an interlocutory decree to plaintiff and gave to her a part of the community property, and counsel fees, but no alimony. Plaintiff’s appeal rests wholly on the ground that the failure to award her more than half of the community property and alimony...
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S. Laz Lansburgh, as assignee of and substituted for the original plaintiff Timothy S. Sheehan, appeals from a judgment denying his recovery of an amount of $20,000 paid by said Sheehan to Market Street Railway Co. on the purchase price of $400,000 for certain real property at Market and Valencia Streets in San Francisco.
The agreement to sell, consisting of a uniform deposit receipt for $...
Views: 2
98 Cal.App.2d 426 (1950)
S. LAZ LANSBURGH, Appellant,
v.
MARKET STREET RAILWAY COMPANY (a Corporation), Respondent.
Civ. No. 14420.
California Court of Appeals. First Dist., Div. Two.
July 13, 1950.
S. Laz Lansburgh, in pro. per., for Appellant.
Cyril Appel, Ivores R. Dains and George Liebermann for Respondent.
NOURSE, P. J.
S. Laz Lansburgh, as assignee of and substituted for the original...
Views: 0
Plaintiff appeals from the judgment for defendant in a personal injury action tried without a jury. The accident occurred on December 21, 1943, when plaintiff Delfina Bobbio fell down the stairs upon leaving the apartment of a friend whom she had been visiting. The apartment house located at 3030 Larkin Street, San Francisco, was owned by Stefano Bertone, defendant herein. The complaint alleged de...
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On June 10, 1949, petitioner commenced an action in the respondent court against Mary E. Dillon to recover money due him in the amount of $2,501. On October 1, 1949, an amendment to section 89 of the Code of Civil Procedure became effective whereby the jurisdiction of the municipal court was increased to include actions involving $3,000. When said cause came on for trial on April 3, 1950, the tria...
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From judgments of dismissal entered after plaintiffs failed to amend their complaint within the time allowed upon the sustaining of demurrers to the complaint, plaintiffs appeal. The complaint in three counts sought an injunction, an accounting and damages for an alleged conspiracy and wrongful use of plaintiffs’ secret lists and processes.
Facts:
It was alleged in the complaint tha...
Views: 12
Prom an order refusing to grant defendant’s application for modification of an order providing for the payment of alimony, defendant appeals. There is no appearance on behalf of respondent. Facts: Pursuant to stipulation of the parties, on January 26, 1949, the trial court ordered defendant to pay plaintiff $125 per month for the support of his two minor children. On such date defendant’s mon...
Views: 11
Plaintiff appeals from an adverse judgment entered upon the verdict of a jury. An appeal from an order of nonsuit in favor of defendant Frankie Dale Jaynes has been abandoned. This appeal concerns only the first cause of action of plaintiff’s complaint, wherein it was alleged that plaintiff, a 69-year-old woman inexperienced in business affairs, was induced by defendant, the brother of her deceas...
Views: 4
Defendant was accused by an information in one count of attempted abortion and in a second count of abortion. Another information was filed charging him with an additional crime of abortion. The cases were consolidated for trial and a jury found him guilty on all three counts. He was sentenced to the state prison on each count and has appealed from the judgments. * Defendant contends that his...
Views: 15
Page 463
Appeal from a judgment of nonsuit. In the complaint it was alleged that the defendant owned and operated a business known as Edward Hyman Company, and in said business he manufactured clothing and engaged in the purchase and sale of real and personal property; on January 2, 1942, plaintiff and defendant entered into a written agreement whereby defendant agreed to pay to plaintiff in consideration ...
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This action involves the construction of the following agreement:
“September 24, 1945
‘ ‘ Robert A. Wallace,
■ Los Angeles,
California.
Dear Sir:
“Heretofore, .when I purchased certain property at Santa Maria, California, there was included in the sale certain residium which was and is now located, in the earthen pits on the property. My agreement with you, which was made by my *474agent, D. P. Ne...
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Plaintiff, as assignee, commenced the within action in the county of San Diego to recover sums alleged to be due from the defendant under a contract. The contract contains no recital as to the place where it was executed and contains no statement as to the place where the payments under it were to be made.
The defendant is a resident of Orange County and was served with process therein. He filed a...
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Action for injunction to enjoin trespass on real property. Plaintiffs and defendants own adjacent lots in Block 61 in the city of San Bernardino. Both lots front on “D” Street (a north and south street) in said city and extend westerly therefrom. Plaintiffs’ lot is 250 feet in depth and that of the defendants 300 feet. The center line of the block running west from D Street is the boundary line...
Views: 4
Page 485
The defendant was charged with grand theft of a diamond ring, in each of two counts, and in three other counts with second degree burglary. His motion for a directed verdict having been denied he rested without presenting evidence or taking the stand. A jury found him guilty on all *486 five counts. An application for probation and a motion for a new trial were denied. He was sentenced on all f...
Views: 7
98 Cal. App. 2d 488 (1950)
MERLE H. CLARK et al., Respondents,
v.
TIDE WATER ASSOCIATED OIL COMPANY (a Corporation), Appellant.
Civ. No. 17518.
California Court of Appeals. Second Dist., Div. One.
July 17, 1950.
W. F. Kiessig, Edmund D. Buckley, Harrison Guio and Charles O'Gara for Appellant.
Robert E. Krause and Allen R. Steele for Respondents.
DRAPEAU, J.
Plaintiffs own a large combinati...
Views: 4
In this case judgment was entered November 18, 1949; notice of appeal was filed December 21, 1949; notice to clerk for preparation of clerk’s and reporter’s transcripts was filed January 12, 1950. Payment for clerk’s transcript was received April 7, 1950; clerk’s transcript on appeal was filed March 31, 1950. June 7, 1950, motion to dismiss appeal was filed. On that date no reporter’s transcript h...
Views: 1
The city of Los Angeles adopted an ordinance, in part as follows : “An Ordinance to effectuate the provisions of Charter Section 432 and otherwise to insure the loyalty of the officers and employees of this City. “The People of the City of Los Angeles Do Ordain as Follows: “Section 1. Every person who is hereafter elected or appointed to an office or position in the service of the City of L...
Views: 4
Page 500
The petition alleges that petitioner is “unlawfully restrained of his liberty ... by virtue of a warrant for extradition . . . pursuant to a demand ... by the Governor of the State of Mississippi.” In substance it is alleged that the conviction in Mississippi was unlawful and in violation of the Fourteenth Amendment in that “petitioner was sentenced by said court by use of a forced confession”;...
Views: 3
Mr. McCabe died on February 6, 1928. Under the terms of his will and a decree of distribution entered on April 5, 1929, Mrs. McCabe received some $330,000 and also received $50,000 in trust for their daughter Virginia, the trust to terminate when she reached the age of 21 years. Admittedly, Mrs. McCabe mingled these trust funds with her own, kept no record or account, and could produce no receipt...
Views: 6
Page 510
98 Cal. App. 2d 510 (1950)
220 P.2d 918
CHARLES WILLIAM MOORE et al., Respondents,
v.
WILBER WHITE, Appellant.
Docket No. 14357.
Court of Appeals of California, First District, Division Two.
July 21, 1950.
W.R. Dunn and Raymond W. White for Appellant.
Wood & Proffitt for Respondents.
GOODELL, J.
This is an appeal from a judgment for $2,000 and interest, based on a complaint for money had and ...
Views: 2
Page 514
Defendant was convicted of the crime denounced by section 288a Penal Code committed'upon the per *515 son of one M. Defendant appeals from the order of the court denying his motion for new trial. While many points are urged on the appeal we confine our consideration to only one of them which in our judgment is controlling. M was a sailor under treatment at a Naval Hospital for a broken leg. H...
Views: 1
Appellant appeals from an order of the superior court denying his motion to file a notice of appeal nunc pro tunc. The time for filing notice of appeal from the judgment of conviction in his case was admittedly long past when the motion was made. Appellant made a showing that after his conviction and before time for filing notice of appeal had expired he was stricken with an illness which tot...
Views: 4
Defendant purchased a caterpillar tractor from International Machinery Company. The tractor was guaranteed to be 85 per cent efficient, under O.P.A. regulations. But defendant found that the engine would not run. He notified International Machinery Company, and that company asked plaintiffs to see what was wrong.
One of plaintiffs’ mechanics attempted to fix the engine in the field, withou...
Views: 2
98 Cal.App.2d 518 (1950)
W. W. SHEPHERD et al., Appellants,
v.
JOE PEREA, Respondent.
Civ. No. 17391.
California Court of Appeals. Second Dist., Div. One.
July 21, 1950.
William K. Young for Appellants.
Charles E. Hobart for Respondent.
DRAPEAU, J.
[1] Defendant purchased a caterpillar tractor from International Machinery Company. The tractor was guaranteed to be 85 per cent efficient, und...
Views: 0
Appellants as vendors sued to enforce performance of a contract for the sale of real property and in the alternative for damages. At the trial appellants waived their right of action to enforce performance and stood upon their demand for damages. The writing, alleged to contain the obligations of respondents, acknowledges receipt of $250 as a deposit on account of the purchase of the property w...
Views: 5
The public administrator appeals from a judgment (1) denying him letters of administration with will annexed and (2) granting letters testamentary to Drury D. Dixon, the son of decedent.
Testatrix left a holographic will in words and figures as follows:
“120 W. Claude St.
Compton, Calif.
Jan. 25 1947
I, Mattie Clary, makes this statement concerning the disposition of my...
Views: 0
Page 530
Appellant sued for damages allegedly suffered from his collision with respondent’s automobile. The jury having returned a verdict against him, he now. asks for a reversal on the ground of erroneous instructions. The testimony adopted by the jury establishes that (1) appellant was walking easterly on Ocean Boulevard about 30 feet east of Roswell Avenue in Long Beach near the white line which sep...
Views: 2
Alleging extreme cruelty by her husband, respondent prayed for divorce and for all the community property. Also, she alleged that she owns in her separate right a certain “chicken shack” which she had operated long prior to her marriage. In his answer and his cross-action appellant denies the cruelty and asserts ownership of an undivided half interest in the shack which he acquired by conveyance ...
Views: 5
98 Cal. App. 2d 539: Ralphs Grocery Co. v. Amalgamated Meat Cutters & Butcher Workmen, Local No. 439
Page 539
Appeal from a judgment of dismissal made pursuant to an order sustaining a demurrer without leave to amend.
The complaint alleges substantially as follows: Appellant operates a chain of retail grocery markets in Los Angeles County. Those located in Pasadena and Alhambra are within the area of bargaining activity of respondent union. Appellant contracted with respondent to fix the wages, hours, and...
Views: 0
Appeal from a conviction of bribery. Since appellant demands a reversal on the ground that he was the victim of an entrapment, a detailed statement of the evidence is essential to a full understanding of all contentions. At the time of the occurrences mentioned herein appellant was a citizen of Oxnard where he had resided for 10 years and had operated a pawnshop. William P. Clark was the chief ...
Views: 10
Appeal by Stuart N. West from a judgment dismissing a proceeding instituted by him to revoke the probate of a will. The contest was dismissed on the ground
*564
that West was not an interested person entitled to contest the will under Probate Code, section 380.
West, not an heir at law of decedent, bases his right to contest the will on the ground he is the principal beneficia...
Views: 16
Appellant, the widow of decedent George E. Becker, appeals from a judgment following the verdict of a jury denying probate to a will purportedly executed by decedent on September 10, 1947, on the ground of incompetency. George E. Becker for some time prior to his death was suffering from cancer of the jaw which brought about his death on September 17, 1947. He was attended during his last illne...
Views: 1
This is an action for partition of a vacant lot. Plaintiffs have appealed from a judgment that they take nothing by their action and adjudging that they have no right, title, interest or estate in or to the property and that they are estopped from claiming or asserting any interest therein adverse to the interest of defendant. On June 9, 1941, title to the property was vested in Alice M. Filbin...
Views: 3
The complaint charges fraud on the part of defendants in the exchange of real property. Defendants failed to offer evidence as to the value of the respective properties. Upon undisputed evidence and the admissions in the pleadings the court found that in the exchange plaintiffs received acreage property valued at $9,864 and that they parted with a promissory note in the sum of $10,500, equity in ...
Views: 2
On March 21, 1945, the Insurance Commissioner issued an order directing the National Automobile and Casualty Insurance Company to appear and to show cause why its certificate of authority to transact insurance in the State of California should not be suspended for a period not to exceed one year. It was stated in part therein that said order was based on reports made to the commissioner that: s...
Views: 6
In this action to quiet title and to remove a cloud from the title to Lot 40, Tract 12068, in the county *596of Los Angeles, judgment was for plaintiff and defendant appeals. The complaint contained a conventional cause of action to quiet title. The second cause of action alleged that plaintiff was formerly married to defendant and divorced from him; prior to the divorce they were purchasing the r...
Views: 2
Review of proceedings of the Industrial Accident Commission. November 14, 1947, petitioner George D. Pierson, while employed as a mine foreman, sustained injury arising out of and in the course of his employment resulting in total disability.
The commission found that at the time of the injury Pierson was employed by Livingston Greenwood who was then insured by Colonial Insurance Company. ...
Views: 2
This action involves a claimed easement for road purposes. The plaintiffs own 350 acres of mountainous land and the defendants own 80 acres adjoining it on the west. For many years the defendants have had, and still have, access from their property to the public road over a route other than that here claimed. A quarrel occurred between Mr. McNally and the then owner of plaintiffs' land in 1934. Mc...
Views: 0
This is an action brought under section 785 of the Code of Civil Procedure by Kerrigan, referee in partition, against Zerefa Maloof, a defaulting bidder, to *607 recover the difference between the sale price as bid by Maloof and confirmed by the court, and the price obtained on a second partition sale. Maloof cross-complained for $8,000, the amount of her deposit. At the close of the trial befo...
Views: 4
98 Cal. App. 2d 617 (1950)
REMILLARD BRICK COMPANY (a Corporation) etc., Appellant,
v.
A. O. DANDINI et al., Respondents.
Civ. No. 14281.
California Court of Appeals. First Dist., Div. One.
July 26, 1950.
Johnson, Harmon, Stirrat & Henderson for Appellant.
Leo R. Friedman and Eugene K. Sturgis for Respondents.
SCHOTTKY, J., pro tem.
This is an appeal from an order of the superior court...
Views: 0
The plaintiffs, Elsie C. and William O. Mahnkey, husband and wife, filed an action against Phillip Bolger to recover damages for personal injuries to
*629
Mr. Mahnkey and damages to the automobile of Mrs. Mahnkey resulting from a collision with the automobile of defendant Bolger. The latter denied any negligence on his part, set up the defense of contributory negligence on plaintif...
Views: 6
On June 6, 1949, orders were filed by the superior court removing George Hewlett as administrator in each of the estates of Fred Frank Kromrey, August Kromrey and Agnes Kromrey, and granting letters of administration to Amanda M. McDonald. Hewitt has appealed from such orders, and the three appeals have been consolidated. Before discussing the legal questions involved, we shall summarize briefl...
Views: 6
Plaintiff appeals from an order discharging an attachment levied against property of both defendants pursuant to a writ in the sum of $26,000 issued at the time the complaint was filed.
In the first amended complaint, plaintiff alleges that on or about the first of November, 1948, defendants entered into an
*649
oral contract with him, whereby he was to render services as a mo...
Views: 2
Page 651
Respondents move to dismiss the within consolidated appeals. The record reflects that on May 5, 1949, notice of appeal to the Supreme Court from the judgment was filed. Notice to the clerk to prepare clerk’s transcript and notice of election to file a settled statement in lieu of reporter’s transcript was filed May 13, 1949. On May 26, 1949, notice of appeal to the Supreme Court from the minute or...
Views: 0
Defendant was charged with arson in two counts and with a prior conviction of burglary. He admitted the prior conviction. He was tried by a jury on the charges of arson. The jury convicted him as to count one and disagreed as to count two. Count two was then dismissed. He appeals from the judgment. Count one alleged that on August 16, 1949, defendant set fire to a dwelling house at 1138 Washingto...
Views: 6
By this proceeding in mandamus the nine petitioners seek to compel the Sequoia Union High School District to reemploy them, it being contended that they had not been lawfully discharged by the district. Admittedly, all of the petitioners were formerly probationary teachers hired by the district. Admittedly, the board of trustees of the district has the lawful right to refuse to reemploy such teac...
Views: 0
Section 4502 of the Penal Code makes it a felony for any prisoner committed to a state prison to possess, carry upon his person, or have under his custody, among other things, . . any dirk or dagger or sharp instrument ...” Harris was charged with and convicted of a violation of this section in that on March 6, 1949, while an inmate of San Quentin, he unlawfully possessed “a sharp instrument, to-...
Views: 8
Appeal from order and judgment denying petition under section 1282
*
of the Code of Civil Procedure for an order directing arbitration.
*668
The facts, about which there is no dispute, are as follows:
Jack F. Frazier, hereinafter called appellant, began to work for respondent in November, 1945. In September, 1948, the Oil Workers International Union, C.I.O., of whi...
Views: 6
Page 672
Appeal by defendant Jack Roth and plaintiff in intervention Protex-A-Kar Company, a corporation, from a judgment against them in favor of plaintiff James S. Angus and plaintiff in intervention Kenneth E. Page for $7,944.59 in an action for damages for breach of a written contract to manufacture pressure sprayers. It is conceded that the evidence supports a judgment for respondents. The only questi...
Views: 0
In this action Eva M. Robbins was awarded judgment against James H. Holther and Helen M. Holther for $5,000, with interest at the rate of 7 per cent per annum from July 30, 1947. The Holthers appeal. In the first cause of action plaintiff set out a promissory note of defendants for $5,000, dated July 30, 1947, payable to plaintiff in 25 equal monthly installments of $200, commencing on Septembe...
Views: 6
Appeal by plaintiffs, husband and wife, from an order granting defendant’s motion for a new trial in an action for damages for personal injuries and injury to property allegedly caused by the negligence of defendant in operating one of its interurban cars. Defendant denied negligence and affirmatively alleged that plaintiffs were contributively negligent. The trial was by jury; verdict and judgmen...
Views: 0
Page 683
This is an action for damages and for injunctive relief. The plaintiff and defendant owned adjoining lands. There was a row of “Athel” trees immediately south of defendant’s south line, growing on a strip over which plaintiff’s predecessor had deeded a right of way for drainage purposes to the Imperial Irrigation District. The drainage ditch ran between this row of trees and the plaintiff’s citru...
Views: 3
Page 687
On October 21, 1948, defendant was charged by an indictment returned by the Grand Jury of Los Angeles County with five counts of abortion. Defendant at the outset pleaded not guilty to all counts but his plea was changed to that of guilty as to Count III on the second day of trial. On May 5, 1949, defendant was sentenced to a term of imprisonment in San Quentin and Counts I, II, IV and V were d...
Views: 9
Page 695
The complaint herein, for unlawful detainer, alleges “That under date of January 15, 1945, by written lease, there was leased to defendants . . . that certain brick building 150' x 100', being 100' front, located on the North side of West Anaheim Street (in Long Beach) sometimes *696numbered 525, 527, or 537, for the term of three years commencing on the 1st day of February, 1948.” It is further a...
Views: 0
A demurrer was sustained to plaintiff’s fourth amended complaint without leave to amend, and a judgment of dismissal entered. It is appellant’s contention that this complaint which set up three causes of action on the common counts, namely, indebitatus assumpsit, quantum valebat, and for money paid, satisfied the requirements for pleading the common counts; hence, that the demurrer should not h...
Views: 3
In an information filed by the District Attorney of Los Angeles County, defendant was accused in counts I and II of the crime of robbery; in counts III and IV of the offense of kidnaping for the purpose of robbery; count V charged a violation of section 288a of the Penal Code; and count VI charged defendant with the crime of rape. It was also alleged that prior to the commission of the offenses ch...
Views: 1
In an information filed by the District Attorney of Ventura County, defendant Carol DeWitt and John Lucius Gifford were jointly charged in count I with the crime of attempted robbery of Ernest Westley Garrison, and in count II with the offense of assault with a deadly weapon upon the said Garrison. Following the entry of not guilty pleas by both defendants the cause proceeded to trial before a ...
Views: 6
This is an appeal by the plaintiffs from a judgment for the defendant in an action tried by the court without a jury upon a complaint for $4,000 had and received to and for the use and benefit of the plaintiffs. Appellants’ theory is that the money was paid under mistake of fact or of law. They make no claim of any error of law occurring at the trial. The only question is whether or not the eviden...
Views: 0
Page 723
Defendant was convicted of burglary in the second degree—entry of a building, the office of the Santa Clara County Building Inspector, Hall of Records, San Jose, with intent to commit theft therein. A charge of a prior conviction of a felony was found to be true. The appeal is from the judgment and from the order denying his motion for a new trial. Two points are made upon this appeal: (1) Insu...
Views: 4
Plaintiffs were members of defendant union and were purportedly expelled. The trial court issued a writ of mandate commanding their restoration to the union and awarding them damages for their loss of earnings which resulted from the orders expelling them. From this judgment the defendants have appealed.
Plaintiffs were members of a minority group in the union who opposed the adoption of a...
Views: 2
Page 739
Plaintiff sued in two common counts based on rejected claims against the estate—one for money advanced for the benefit of deceased, the other for the reasonable value of nursing care, board and lodging. Defendant had judgment on the first cause of action and plaintiff had judgment on the second. Competent evidence was taken showing that plaintiff for a period of 14 months furnished the deceased...
Views: 6
Industrial Indemnity Company petitions for a writ of review. Interpretation of Labor Code, section 4702, is involved. Deceased employee left surviving him a widow and two minor grandchildren. Industrial Accident Commission gave to the widow and the grandchildren the maximum award under the law. Are the grandchildren dependents within the meaning of the law? The children were the issue of dece...
Views: 0
Appeal from a judgment involving policies of “specific” insurance and “excess” insurance.
October 25, 1946, appellants suffered a loss by fire which destroyed their merchandise to the extent of $34,417.64. On that day they carried three policies of insurance against loss of such property by the following insurers in the following amounts.
Michigan Millers Mutual Fire Insurance Co.. $ ...
Views: 4
Appeal from a decree of specific performance of a written agreement made by an ecclesiastical body with its retiring rabbi. The contract was executed December 19, 1947. By its terms appellant agreed to convey five lots situate on Comstock Avenue in Westwood, a residential area of Los Angeles, as a consideration for the settlement of all controversies between the two factions in Emanuel and for ...
Views: 3
This is an application for a writ of supersedeas staying the enforcement of a preliminary injunction.
The Imperial Gas Company has been selling liquefied petroleum gas in the Hemet area of Riverside County for 23 years. From 1941 to 1945, E. D. Van Dorsten acted as its agent there. In 1945, Imperial appointed Van Dorsten as its distributor and sold to him certain equipment and a list of customers....
Views: 2
This is a proceeding to obtain a peremptory writ of prohibition addressed to the Honorable Albert F. Ross, as Judge of the Superior Court for Shasta County, restraining him from proceeding further in an action pending in that court. It appears from the petition that on June 1, 1950, an indictment was found and filed in the Superior Court in Shasta County in Action Number 16879 therein, whereby ...
Views: 13
Plaintiff appeals from an adverse judgment entered after sustaining demurrers to its complaint without leave to amend. The property involved, 10 vacant and unimproved lots in the city and county of San Francisco, was deeded by the tax collector to the State of California in 1935 for delinquent and unpaid city and county taxes levied and assessed in 1929. Plaintiff alleged that it is the owner, ...
Views: 1
Defendants appeal from a judgment for $7,500 following the verdict of a jury. The action was one by an adult daughter for the wrongful death of her mother and the sole point argued on appeal is the claimed exeessiveness of the award. *781The evidence showed that the daughter was married shortly before her mother’s death; that her father had died when plaintiff was 11 years old and plaintiff, an on...
Views: 0
In a trial by jury the defendants Floyd E. Shevette, Richard Janeway, Frank M. Williams and Raymond A. Slavens were each convicted of conspiracy to commit forcible rape, of forcible rape and attempted forcible rape, and of violating section 288a of the Penal Code. The defendants’ motions to have case referred to the California Youth Authority, and for a new trial, were denied, as was an applicatio...
Views: 3
Action on a promissory note dated November 1, 1946, for the sum of $6,950 signed by Marilyn Deverich and Albert Deverich. Defendant Marilyn filed an answer admitting her signature on the note and alleging as affirmative defenses that she was a minor at the time she signed the note and that after reaching her maturity she disaffirmed the obligation; that she received no consideration for the purpo...
Views: 1
This is an appeal from a judgment against two sets of defendants, namely, Nona Harwich and Chase and Czerny, a copartnership known as L. F. Chase Company.
The trial judge, Honorable Preston Devine, filed an opinion wherein the facts are fairly and fully stated. With a few deletions and additions it reads as follows:
“This is an action for mopey had and received in the sum of Fifteen T...
Views: 10
Page 805
On a peaceful Sunday afternoon in the quiet little city of Paso Dobles the complaining witness was sitting in a chair near the cash register at his gas filling station. He was reading a Sunday paper. A colored lady came to the door, told him she could not start her ear, and asked him to help her. He went with her to the stalled car, which was parked behind the filling station, next to a grease ...
Views: 4
On April 17, 1950, Golden Construction Company, as plaintiff, filed an action in San Diego County in which a money judgment and declaratory relief was sought against El Centro Properties, Inc. Summons was issued and served on the defendant corporation on the following day. El Centro Properties, Inc., appeared in the action, filed a demurrer and various motions. The demurrer was overruled, the mot...
Views: 2
This appeal is from a judgment on a verdict in favor of defendant.
The action was for damages for personal injuries sustained by appellant Catherine Lundin when she fell while entering the drugstore of respondent for the purpose of making a purchase.
Appellants’ attacks are all aimed at the instructions, hence a very brief summary of the facts will suffice. The entrance to respondent’...
Views: 3
From a judgment in favor of defendants predicated upon the sustaining of a demurrer to their complaint without leave to amend in an action to recover damages for fraudulent abuse of process, plaintiffs appeal.
*827
Fads:
Plaintiffs filed a complaint seeking to recover damages for an abuse of process alleging (1) that plaintiffs and a cotenant, namely, Edward H. Simons, husb...
Views: 1
This is an appeal from a judgment denying any relief to Rose Haslett, cross-complainant. Plaintiff below, Floyd L. Owens, to whom likewise all relief was denied, but who does not appeal, contracted with defendant Rose Haslett for the building of a dwelling house, for a price of $6,400. It was agreed that payments would be made, one-third when the subfloor was laid, one-third when the roof was o...
Views: 4
Plaintiffs were unsuccessful in that part of their cause of action for work done on a tractor belonging to defendant. (Shepherd et al. v. Perea, ante, p. 518 [220 P.2d 776] this day decided on appeal.) In his answer, defendant admitted $947.74 due plaintiffs for other work done for him by them. Judgment was rendered for that amount in favor of plaintiffs May 2, 1949. On attachment proceedings duri...
Views: 0
Review of proceedings of the Industrial Accident Commission. This is a companion case to Pierson v. Industrial Accident Commission, ante, p. 598 [220 P.2d 794], The facts are generally the same as in the Pierson case. In his application for adjustment of claim Whitaker named “Livingston Greenwood” as his employer. By stipulation this and the Pierson case were consolidated for hearing, the evidence...
Views: 0
Page 841
The defendant appeals from the judgment that followed his conviction on a charge of having failed to yield the right of way to a pedestrian who was lawfully in the crosswalk at which the defendant had been halted by a traffic signal saying “Stop.” As debated by the parties to this action, the important question before us, and to which they desire us to give an explicit answer, is this: Must a driv...
Views: 1
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