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All Reporters → cal-app-lexis → Volume 1920
Opinions in cal-app-lexis Volume 1920
This is an appeal by the plaintiff from a judgment entered upon an order granting a nonsuit upon a motion made immediately upon the close of plaintiff's case.
The defendants, with the exception of defendant Frank V. Smith, were directors of a corporation designated and known as the "San Joaquin Valley Electric Railway," which was incorporated on October 3, 1908, under the laws of this state and re...
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Plaintiff appeals from a judgment rendered in favor of defendant.
D. Willard Beam, a resident of New York, and C. E. Shattuck, a resident of California, were joint indorsers of certain notes issued by a New York corporation designated the Hemlock Lake Canning Company. Both parties died, leaving these notes unpaid. Proceedings were had in the courts of the state of New York, wherein Otis A. Beam wa...
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The petitioner, who is the father of Gertrude Lamson, a ward of the juvenile court of the county of Butte, filed his application in this court for a writ of habeas corpus for the purpose of examining into the legality of the confinement of said ward and obtaining her discharge from custody. The grounds of the petition are that said ward is illegally held in custody because at the time of the or...
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This is an appeal from an order refusing plaintiff's motion to change the place of trial in an action wherein the plaintiff seeks to recover, in payment of professional services rendered as an attorney at law, a specified interest in certain real property to which he alleges he is entitled under the terms of a contract between him and the defendant.
Plaintiff demanded that the place of trial of th...
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This is an appeal from a judgment in the plaintiff's favor in an action for damages for an alleged assault and false imprisonment. The cause was tried before a jury, which awarded the plaintiff the sum of two thousand dollars as compensatory damages and five hundred dollars as exemplary damages.
There were four defendants other than the appellant herein who were at the time of the plaintiff's alle...
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From the petition it appears that Richard Higgins was arrested and, until his release on bail when the writ ofhabeas corpus was issued, was imprisoned, on a complaint charging him with the violation of section 18 of Ordinance No. 5132, New Series, of the city and county of San Francisco. The ordinance is the general license ordinance, and section 18 is as follows: "Every person, firm or corporatio...
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This is an action at law to recover damages for injuries to plaintiff's orange orchard, caused by the deposit on the trees of cement dust from defendant's cement-mill. Plaintiff recovered judgment for a total of $6,300, of which $3,500 was for loss and injury to the crops for the years 1910, 1911, and 1912; $300 was for the increased labor and cost in the care of the trees, and the balance, $2,500...
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On the ninth day of April, 1914, plaintiff commenced an action against Sarah A. Bryan to recover the sum of $2,500 on an account stated; on the fourteenth day of May, 1917, judgment was rendered in favor of plaintiff and against the said Sarah A. Bryan for the sum prayed for; on the eleventh day of July of the same year the defendant Sarah A. Bryan served and filed her notice of appeal from said j...
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This is an appeal from a judgment in favor of the defendant after an order sustaining his demurrer to the plaintiff's complaint.
The action was one brought to recover the sum of two thousand five hundred dollars alleged to be due from the defendant to the plaintiff for certain services rendered in representing the defendant before the California State Highway Commission in relation to the location...
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This is an appeal from an order by the superior court of the county of Kern in the action of Mercantile Trust Co. of SanFrancisco v. Sunset Road Oil Co., vacating, annulling, and setting aside an execution sale of certain real property at which R. H. Cross, the appellant, was the purchaser; and permanently enjoining him from selling, mortgaging, pledging, hypothecating, or in any other way disposi...
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The plaintiff, as administratrix, brought this action to recover from the defendants, who are husband and wife, the sum of $1,000, claimed to be the property of the estate of Reuben D. Norton, deceased. The defendants alleged, and the court found, that the defendant Ellen Norton took said sum pursuant to the terms of a trust to care for Reuben D. Norton until his death, make certain expenditures i...
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From a single judgment and on a single transcript the administrator of the estate of John W. Kenton *Page 478
appeals in these consolidated cases. The record shows that the respondent Dunn sued the respondent bank, claiming that Kenton in his lifetime had made an equitable assignment of the entire balance to his credit with the bank and had given her a check for the entire balance, payment of whi...
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This is an action to recover an alleged balance of $5,190.55 upon a mutual, open, and current account for pasturage furnished by plaintiff between October 1, 1915, and April 1, 1918. The credit allowed to defendant is $200.45 for moneys paid by him for taxes upon land, which was in the possession of plaintiff under a contract to purchase the same from defendant.
There was a verdict for plaintiff f...
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Plaintiff had judgment against the defendant for a large sum of money claimed as damages. Defendant has appealed, and presents the judgment-roll and a bill of exceptions. The cause went to trial upon an amended and supplemental complaint and the answer made thereto. Issue was raised as to matters hereinafter discussed. The answer further pleaded in defense laches on the part of plaintiff and the i...
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In each of these cases the complaint alleged that Thomas W. Prior, Thornton Kinney, Chauncey Pettis, J. R. Fones, F. A. Church, W. A. Rennie, Byron Palmer, and Charles W. Shaw did associate themselves under the fictitious name of Venice Road Race Association, for the purpose of promoting and conducting an automobile road race over the highways in the city of Venice; and that in preparing the highw...
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This is an action in unlawful detainer to recover possession of the ground floor of a four-story building on Van Ness Avenue, in San Francisco. There was a directed verdict for possession of the premises, but the court submitted the question of damages to the jury. The defendant appeals from that portion of the judgment that awards such possession to plaintiff.
The lease under which appellant Arno...
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The defendant, E. B. Lettunich, appealed from an order denying a motion for change of venue. Upon his death, Stella E. Lettunich, as executrix of his will, was substituted in his place.
The action, which is personal in its nature, having been commenced in the city and county of San Francisco, summons was regularly served on June 16, 1919, in the county of Santa Cruz. The defendant appeared by fili...
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Action in condemnation. This action was brought by the appellant, a public service corporation, against defendants and some 200 other persons to condemn certain real property situated on the shores of Clear Lake, in Lake County, in this state. The action was dismissed as to all save the above-named defendants, respondents herein. After a trial by jury a judgment was rendered by the superior court ...
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This is an appeal from a judgment of imprisonment upon a conviction of the crime of bribery, and from an order denying defendant's motion for a new trial.
The information charged defendant with being, at all times therein mentioned, a duly appointed, commissioned and acting police officer of the city of Long Beach, i. e., an "executive officer," and was in two counts, the first count, by proper an...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 429
The defendant was found guilty of embezzlement upon an indictment; was adjudged thereon to be imprisoned in the state prison, and appeals from this judgment and from an order denying his motion for a new trial.
The indictment charges that the defendant Ri...
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Appellant was tried before a jury and convicted of a misdemeanor upon an information charging him with the violation of section 21 of the juvenile court law (Stats. 1915, p. 1225), in that on a certain day in the city and county of San Francisco he did willfully and unlawfully "commit an act which did then and there tend to cause and encourage one __________, a male person under the age of twenty-...
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The defendant appeals from an order denying his motion, made under the provisions of section 473 of the Code of Civil Procedure, to vacate a prior order denying a motion to have certified a transcript for use on appeal from a judgment dated May 15, 1917.
The appellant, as trustee for the creditors of the lessee of property of the plaintiff corporation, was sued for rent *Page 421
of the premises ...
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This is a suit to quiet title to property in Los Angeles, described as the west fourteen feet of lot 42 and all of lot 44 of the Ellis Tract, as per map recorded in book 10, page 91, miscellaneous records of said county. Plaintiffs also asked that the trial court decree that they had an easement of right of way over a certain private alley east of their east line, which alley is owned by defendant...
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This is an ordinary action of replevin by which plaintiff obtained judgment for the possession of certain cattle theretofore delivered to defendant under an agreement of purchase and sale. Defendant appeals. 1 By the terms of an agreement which bears date April 3, 1918, respondent agreed to sell, and appellant to buy, thirty-five dairy cows for $4,375. Upon the execution of the agreement $1,000...
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This action was brought by plaintiffs to quiet title to the land described in the complaint. Defendants in their amended answer allege that the parties entered into an agreement, by the terms of which plaintiffs agreed to sell and defendants to purchase the property here involved for the sum of $2,400, payable as follows: One hundred and twenty-five dollars upon the execution *Page 394
of the agr...
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Upon complaint before the board of medical examiners against Thomas F. Glass, and after answer filed by him and a hearing before the board, an order was made revoking the certificate of said Glass licensing him to practice medicine and surgery in the state of California. On petition by him, the superior court of the county of Los Angeles issued a writ of review of said proceedings and order. A ful...
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The defendant brings this appeal from a judgment rendered against him for the purchase price of personal property at a price in excess of two hundred dollars. The contract was in writing and the actual purchase was effected through the medium of an agent. The authority of this agent was wholly oral. The defendant did not accept any part of the purchased property nor pay any part of the purchase pr...
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This is an appeal by the defendant from a judgment of divorce in plaintiff’s behalf on the ground of desertion. The sole contention of the appellant herein is that the evidence in the ease shows that the separation *375 between the parties, upon which the plaintiff’s claim of desertion on the part of the defendant is based, was a voluntary separation occurring as the result of an agreement in w...
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As claimed by appellants, this action is brought to establish and foreclose a lien, and for the recovery of the sum of $241.19.
The defendant drainage district, a public corporation, entered into a contract with one J. W. McAllister, Sr., for the construction of a drainage ditch, the construction work being thereafter sublet by McAllister to A. H. Hobart, one of the defendants here. Plaintiff, bet...
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Plaintiff, averring that he is the owner of a certain lot in the city of Los Angeles, alleged that the defendant Julia P. Warden claims title under a deed executed to her by the board of public works of that city on July 11, 1916, after a sale of the lot following a delinquent assessment to pay the expenses of acquiring land for a public library under the act of April 22, 1909 (Stats. 1909, p. 106...
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Peter McGuirk died on the third day of August, 1919, leaving a holographic will, dated June 7, 1918. Upon the presentation of the will for probate by Josephine H. Gunston, the sole legatee named therein, a contest thereof, upon the ground that at the time of the execution of the will the deceased was not of sound or disposing mind or memory and was incompetent to make a will, was filed by Mrs. Liz...
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Plaintiffs, suing as special administrators of the estate of Fong Ben Yuen, deceased, brought this action, alleging negligence on the part of defendant in the operation of an automobile owned by him resulting in injuries causing Yuen's death.
The complaint charged that deceased, at the time of the accident, was married and that he left surviving him a wife and two minor children, who are his heirs...
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Action to recover the reasonable value of materials furnished and labor performed by plaintiff at the special instance and request of defendants in repairing a steam boiler.
Judgment was rendered for plaintiff, from which defendants have appealed.
It appears without contradiction that, the boiler being in bad condition, defendants, upon an express contract, employed plaintiff to repair the same, a...
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Appeal from a judgment awarding to the plaintiff the relief demanded in his complaint.
Defendants are the heirs and distributees of the estate of Hattie McIntire, deceased. Hattie McIntire died intestate in September, 1917, leaving an estate consisting of real and personal property which was appraised at the sum of $4,043.77. The value of the property distributed after settlement of the estate acc...
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Action to recover damages for alleged fraudulent representations made by defendant to plaintiff, as a result of which the latter, in reliance thereon, was induced to purchase certain land.
Judgment was rendered in favor of plaintiff for $450 and costs, from which the defendant has appealed.
It appears that defendant was the owner of forty acres of unimproved land situated in Imperial Valley. The l...
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The complaint in this action is brief and may be set out in full as follows:
"1. That within two years last past the said plaintiff and D. B. Woods entered into a contract whereby the said D. B. Woods agreed to sell and deliver to the said plaintiff three hundred and sixty-five (365) head of cattle situated in Berryessa Valley, California.
"2. That said plaintiff and defendant agreed that if plain...
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Plaintiff sought by this action to recover a sum slightly in excess of eighteen hundred dollars for professional services rendered by him as an alienist, to and for the defendant, and at her request. The trial judge found that on January 8, 1915, the plaintiff rendered medical services to the defendant of the reasonable value of forty-five dollars at a time when she was unconscious and in need of ...
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This is an appeal from an order of the superior court of Tulare County denying appellant's motion for a change of the place of trial from the county of Tulare, California, to the city and county of San Francisco, California.
On July 26, 1919, plaintiffs commenced an action in the superior court of the county of Tulare, in which they demanded judgment against the defendant in the sum of $9,054.23, ...
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This is an appeal from a judgment for recovery of money as damages. It is presented on the judgment-roll alone.
The action grew out of a transaction had between plaintiff and defendant whereby the defendant contracted to purchase certain real property belonging to the plaintiff. An agreement to effect such sale was duly made, but defendant defaulted in the performance of the conditions required of...
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This action was brought in part to compel specific performance of a contract made by defendant Brent *Page 293
Investment Company, whereby said Investment Company agreed, in consideration of certain payments to be made to it, to convey to the plaintiff a certain parcel of real estate. Judgment was in favor of all of the defendants except the Brent Investment Company, and plaintiff has appealed th...
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Ruby Hunter, the petitioner herein, was adjudged a ward of the juvenile court in and for the county of Butte, in the month of December, 1919, and by such order her status as such ward was fixed until she should attain the age of twenty-one years, or until sooner discharged by the court.
Thereafter, on February 7, 1920, the said court, exercising its jurisdiction over said ward, committed her to th...
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The defendant appeals from a judgment for five thousand dollars entered on the verdict of a jury as damages for the death of Mrs. Ione Smith, aged twenty-three years, as the result of injuries sustained by her while a passenger on an automobile stage, negligently operated by an employee of the appellant in its business as a common carrier of passengers. The action was prosecuted under the provisio...
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This action was brought upon a bond given for the faithful performance of the covenants of a charter-party of the steamer "F. A. Kilburn"; at the time the steamer was owned by plaintiff. He had judgment against both defendants and they appeal.
The covenants, in particular, to which our attention is directed by appellants, are:
"7th. The party of the second part shall pay all costs of operating and...
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Defendants appeal from a judgment entered against them. The action was for damages alleged to have been suffered by the plaintiffs by reason of the killing of two cows. The cows were struck by an automobile stage driven by defendant Graham and owned by the United Stages. The defendant Western Indemnity Company is sued because of its alleged liability on an undertaking given. The undertaking mentio...
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Action for an injunction and restraining order pendente lite.
It appears from the allegations of the complaint that the plaintiff is the owner of 120 acres of land situate in Placer County; that Bear River, a natural watercourse, flows through said land; that at the time of the commencement of this action the defendant was constructing a concrete settling reservoir in and near the channel of said ...
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The action was for rescission on the ground of mistake and failure of consideration, and plaintiff prevailed in the court below.
After alleging that plaintiff desired to purchase a tract of land for grazing purposes, and entered into negotiations with defendant to buy 160 acres, describing it, the complaint proceeds: "And thereupon at defendant's request plaintiff went to the vicinity of said land...
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Plaintiff, as assignee of Bert H. Franklin, sued to recover a sum of money alleged to be due from defendant for services rendered as a detective.
Judgment went for defendant, from which plaintiff appeals.
As appears from the findings, the action was based upon a written contract dated November 1, 1918, executed between Bert H. Franklin of the first part and the persons whose names are signed there...
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Action to recover damages for breach of a contract for the sale of merchandise bought "by defendant from plaintiff. The plaintiff recovered judgment, from which judgment the defendant appeals. Under date of November 7, 1918, plaintiff sold and agreed to deliver to the defendant, “Sellers usual good quality Soap lye Crude glycerine”; the quantity specified being eleven to twelve drums, weighing ...
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This action was brought against defendant Rike as a maker, and the defendant Ceres Land Company as indorser, upon a promissory note.
There is no dispute as to the facts: In January, 1916, the defendant N.C. Rike executed and delivered to her *Page 244
codefendant Ceres Land Company a promissory note, negotiable in form, in the sum of two thousand dollars. [1] For the purpose of securing payment o...
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Plaintiff takes this appeal from an order made by the trial court vacating a default entry and judgment entered thereon against defendant Mohrenstecher, executrix. An appeal is also taken from an order made dismissing the action.
The facts are these: Respondent's testator, one Finney, and three other persons were the makers of a promissory note of which the plaintiff was the holder. Judgment was e...
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Defendants have appealed from a judgment entered in favor of plaintiff. The action was to recover the value of materials used and a profit which would have accrued to plaintiff had he been permitted to complete performance under a contract made with defendants where-under plaintiff was to construct and install certain windows and metal sash. The findings were in favor of plaintiff upon all issues...
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This is an appeal by the defendant from a judgment for $3,990 upon a verdict of a jury. The action was brought for damages for the breach of a contract for a lease of land. The contract provided for the leasing to plaintiffs for one year of 220 acres of land in the county of Imperial. Plaintiffs agreed to pay, as rent therefor, an undivided one-half of all crops raised on the premises, it being un...
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Action to recover on a policy insuring property against loss by fire. Judgment in favor of the defendant, from which judgment the plaintiff appeals. The policy insured plaintiff’s boat against loss by fire “while operated in the Pacific Ocean south of Monterey Bay on the north, east of 123 degrees west, and north of San Martin Island on the south. ’ ’ The fire and loss occurred at Hassler’s Cov...
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Defendant appeals from a judgment of imprisonment pronounced upon his conviction of the crime of statutory rape.
[1] The victim of the crime was a thirteen year old girl, who testified to the act of intercourse. For the purpose of corroborating her testimony, an aunt, Mary Foster, was called as a witness on behalf of the state. This witness, during her examination, repeatedly asked that she be acc...
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In substance, the facts out of which this controversy arose are as follows: In the year 1910, plaintiff, *226 defendant Danziger, and E. A. Wiltsee associated themselves under the fictitious name of Lost Hills Syndicate in a joint venture for the purpose of locating and developing certain prospective oil lands in what is known as the Lost Hills district in Kern County, California. It was agreed...
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Action for contribution by one obligor on a joint and several promissory note against his co-obligors. The execution of the note and its payment by the plaintiff are conceded facts. It is necessary to go back into the early stages of the transaction to ascertain the present relation of the parties.
In January, 1917, the parties plaintiff and defendant were and yet are stockholders in a corporation...
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This is an appeal by appellants from a judgment in favor of the plaintiff enjoining the defendants from interfering with the flow of sixty second-feet of water from the Tuolumne River into the canal of the Modesto Irrigation District and to restrain them from interfering in any way with the diversion of said water by plaintiff, the said sixty second-feet of water having been acquired by the plaint...
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This is an appeal by defendant corporation from a judgment awarding plaintiff the sum of $598.35 as damages for breach of contract.
From the pleadings it appears that plaintiff entered into a contract with the county of Santa Clara for the construction of a county highway between the towns of Sunnyvale and Cupertino, in said county. It is alleged in the complaint *Page 210
that defendant thereaft...
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This is an appeal by the defendants Lorenzo F. Miller, Hattie E. Miller, A. G. Wilde, and Mark Wilde from a judgment for plaintiff. The action was brought to have ascertained the amount of the purchase price due to plaintiff from defendants J. Conklin, Jr., and Sara Conklin for certain real property in San Diego, and to have said amount declared a lien upon the said premises; also to have whatever...
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This controversy arises over an alleged private right of way. Plaintiff and defendant are the owners of adjoining ranches. Plaintiff's ranch is known as and referred to in the complaint as the Patterson ranch, J. R. Patterson being his immediate predecessor, and defendant's ranch is referred to as the Carpenter ranch, he being the successor in interest in said ranch of James Carpenter. Plaintiff c...
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This is a petition by P. R. Kennedy for the review of an amended award made against him by the Industrial Accident Commission. Petitioner was the employer of Byron J. Millard, deceased, who was killed on October 9, 1918, while in petitioner's employ. The commission awarded a death benefit to the applicants therefor, the parents of young Millard. The sole question presented is this: The applicants ...
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The action was brought by the indorsee of a promissory note given in consideration of the sale of a certain stallion. The defense is that there was a failure of consideration by reason of the false and fraudulent representations made by the seller as to the age, soundness, and procreative ability of the horse, and that "a pretended indorsement or assignment of said note was made by the said Norm W...
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This is an appeal by the defendant from a judgment rendered and entered in favor of the plaintiff and against the defendant.
The action arises out of a written contract entered into by and between the parties on June 1, 1919, for the sale of ninety head of cattle by the plaintiff to the defendant.
*177
The said contract provided that the plaintiff would sell to the defendant ...
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The appellant sues the respondent to recover $2,037 claimed as a balance due upon a sale of 223 tons of hay at an agreed price of $18 per ton. It is averred and admitted that the hay was delivered to respondent. The respondent in his answer, among other things, admits and avers "that said plaintiff agreed that said hay would be well baled and cured and in good merchantable condition when delivered...
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This is an appeal by the defendant and cross-complainant from an order setting aside the judgment rendered on the cross-complaint and setting aside the default of the plaintiff and cross-defendant for failure to answer the cross-complaint of defendant, and allowing plaintiff and cross-defendant to file an answer to the cross-complaint.
[1] As provided in section 473 of the Code of Civil Procedure,...
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This proceeding was brought to review the action of the Industrial Accident Commission of California in awarding compensation to one O. J. Burton for *Page 162
injuries sustained by him in the line of his employment under Walker D. Hines, director-general of railroads, operating the Los Angeles and Salt Lake railroad.
On February 1, 1919, when he received the injury, Burton was engaged in repairi...
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The plaintiff appeals from a judgment of the superior court in Alameda County refusing to prohibit the respondents from proceeding with an action originally commenced in the justice court.
In the justice court suit Engelken, the appellant, sued Manuel Faira in claim and delivery on an assigned claim from one Sanderlock for a nine year old Indian pony. The value of the pony was alleged to be $100. ...
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The plaintiff brought this action to foreclose a street assessment lien. The lower court held that the assessment was a nullity, and that the plaintiff had no lien, or right of action. Judgment was entered for the defendant and the plaintiff appeals after the denial of its motion for a new trial.
The proceedings were taken under the Vrooman Act [Stats. 1885, p. 147], incorporated in, and thereby m...
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The action was brought by the assignee of the lessor for the recovery of rent upon an alleged lease of personal property, and judgment was for plaintiff. The written instrument under which defendant took possession and continued for some time in the use of said property was executed December 27, 1913. On September 15, 1914, Conroy assigned all his interest in said contract and in the property to a...
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The appellant commenced this action against the respondents to recover from them their proportion of an indebtedness due to him from the Nickell Investment Company, a corporation. The respondents are sued as stockholders of the corporation. The respondents by answer admit the existence of the indebtedness by the corporation and their liability as stockholders and plead the statute of limitations. ...
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The defendants Martha A. Whaley and A. O. Whaley (whose middle initial is printed in the transcript both G. and C. by mistake), husband and wife, executed on February 19, 1914, a mortgage to appellant upon seven lots in Rio Linda Subdivision No. 2, a portion of the Rancho Del Paso, in Sacramento County, California, to secure the payment of a note for $6,748 due on or before February 19, 1919, with...
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This is an appeal by plaintiff from a judgment in favor of defendant after an order granting the defendant’s motion for nonsuit as to the first count in the plaintiff’s complaint. The action was one sounding in damages for the alleged breach of certain contracts alleged to have been entered into between the parties, and having relation to the supplying by defendant to the plaintiff of certain r...
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This is an appeal by the defendant from a judgment against him in favor of plaintiff, who is a minor and sues by his guardian ad litem. The plaintiff is the nephew of the defendant and this action was brought to recover $572, money had and received by the defendant, together with $4,250, the alleged reasonable value of services as a masseur, rendered by the plaintiff over a period of three and a h...
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A jury convicted the appellant of the crime of perjury. He appeals upon the ground chiefly that the evidence is insufficient to convict. The indictment charges that the appellant testified falsely in making certain answers to questions propounded to him while being examined on voir dire
as a prospective juror in a criminal case in which one Fuski was being tried for a felony. These questions and a...
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Respondent recovered judgment against the appellant in the trial court for the sum of $421.45, on account of lumber sold and delivered by the respondent to the appellant.
By the statement of counsel for appellant at the opening of the case in the trial court it appeared that the only issue presented for determination was whether the appellant should have credit for the sum of $208.34 on account of...
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This is an appeal from an order granting the motion for change of the place of trial. The action was brought in San Joaquin County and there were three defendants. Two of these, F. F. Rhoads and Robert L. Dallas, appeared in the action and filed a demurrer and demanded that the action be transferred to Stanislaus County for trial. In support of their demand they filed an affidavit of merits contai...
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This action was commenced by the plaintiff to recover damages for malicious prosecution. The facts of the case were, briefly, these: The plaintiff, in February, 1918, sold to one Joe T. Silva, certain personal property, consisting of cows, horses, harness, a derrick, some milk cans, and fifteen tons of hay, executing to the latter a bill of sale of said property, and delivering the same to him, a...
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This is an appeal on the judgment-roll alone from a judgment entered after the sustaining of a demurrer to plaintiff's complaint without leave to amend.
We regret that there is no appearance in this court by respondents.
By the complaint it is alleged that this plaintiff is the successor in interest of one Maria Espiritu Chijulla de Leonis and her son, Juan J. Menendez; that plaintiff's "grantors ...
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An appeal on the judgment-roll from a judgment entered after the sustaining of a demurrer to plaintiff's complaint without leave to amend.
The action appears to be one wherein plaintiff seeks the ejectment of defendants from certain premises, with damages. The complaint shows that on June 3, 1901, judgment was entered in the superior court of Los Angeles County decreeing that a certain purported d...
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This is an action on the contractor's bond given to the owner as security for the faithful performance of a contract made with the plaintiff school district by one B. H. Paul for the erection of a school building. The plaintiffs appeal from the judgment entered in favor of defendants. *Page 76
The powers and duties of trustees of common school districts are, among others, the following: "To let a...
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The appellant was indicted by the grand jury of the county of Sacramento, for the *Page 72
crime of "corruptly attempting to influence a juror, a felony." One Fuski was being tried on an indictment, and after a juror, Manuel J. Lamb, was duly impaneled and sworn, it is charged that the appellant corruptly and feloniously attempted to influence the aforesaid juror by then and there requesting him ...
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Defendant was charged with the crime of assault with a deadly weapon. He was convicted of assault and sentenced to pay a fine of $125. The appeal is from the judgment. The evidence has not been brought up and only the judgment-roll is available to ascertain whether any error was committed. [1] The record has been examined, and outside of a clerical mistake in the information, nothing of an irregul...
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This is an appeal from an order of the superior court of the state of California, in and for the county of Modoc, denying the motion of defendant and appellant to change the place of trial of said action from the county of Modoc to the city and county of San Francisco. The defendant and appellant at the time of the filing of his demurrer also filed his demand in writing that the trial of said acti...
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The action was brought for an accounting based upon an alleged partnership, of which plaintiffs, the decedent, and the individual defendants were members. Separate demurrers were interposed by the administrator and the other defendants, which were sustained, and the plaintiffs, declining to amend, judgment passed, from which the appeal has been taken. The rights and duties of a surviving partner a...
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The plaintiff, claiming to be the owner and entitled to the possession of a certain automobile, brought this action to recover possession thereof. Judgment having been entered in favor of the defendant, the plaintiff appeals therefrom.
On the seventeenth day of November, 1916, the plaintiff's father, Charles P. Brice, being then and there the owner of said automobile, made and delivered his note o...
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In this action for divorce the prayer of the complaint, to which no answer was interposed, was for a judgment dissolving the bonds of matrimony existing between the parties, and for general relief. Defendant, claiming the same to be erroneous, appeals from that part of the interlocutory decree rendered upon his default and in favor of plaintiff, whereby it was adjudged that, until the further orde...
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This proceeding was instituted to recover from the respondents the custody of Gulda Ramona Sill, a minor child about nine years of age.
It is alleged that petitioner, who is the mother of the child, placed her in the custody of respondents in order that they might enjoy her comfort and companionship, but without any intent to abandon the child, and that respondents have not adopted the child, but ...
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This action of interpleader was instituted by the county treasurer of Los Angeles County to compel the defendants to litigate among themselves their claims to certain bonds held by him in his official capacity and representing the contract price of road work done by George L. Carroll, as contractor, under the provisions of the Road District Improvement Act of 1907. (Stats. 1907, p. 806.)
The contr...
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Plaintiff appeals from an adverse judgment entered after a demurrer to his complaint had been sustained without leave to amend.
The complaint alleges that plaintiff's assignors were employed by defendant to negotiate the sale of certain lands in San Diego County, and that as the result of their efforts the defendant executed certain escrow instructions to the Union Title Trust Company of San Dieg...
Views: 1
In this case the respondent brought his action against the appellant to recover damages for the loss of an automobile stored in the latter's garage. The allegations of the complaint are in substance that the appellant received the automobile for storage in his garage at an agreed monthly rental; that the garage was situated across the street from a large hotel; that the hotel caught on fire and wa...
Views: 0
Plaintiff, as administratrix of the estate of Glenn Snell, deceased, brought this action against the defendant in claim and delivery for a Ford automobile alleged to be the property of the deceased, Glenn Snell, at the time of his death. The answer denied ownership in the plaintiff and alleged that the property belonged to the defendant, Mabel Neilson, she having obtained title by gift from the de...
Views: 2
This is a proceeding auxiliary to a matter pending in this court wherein the above-named petitioners prayed for a writ of mandate against the superior court and Honorable C. O. Busick, judge thereof, which prayer was denied on August 2-5th last. In that proceeding a restraining order pendente lite was issued. A few days after the entry of judgment denying the prayer of the petition the responde...
Views: 0
Plaintiff and appellant commenced an action in the superior court to set aside a judgment of the justice's court and to restrain its enforcement. He named as defendants the justice of the peace who had tried the case in the justice's court and the plaintiff in that action. Their demurrers to plaintiff's complaint were sustained. Plaintiff was given ten days to amend and the defendants were given f...
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Defendant appeals from a judgment entered in the superior court in favor of the plaintiff for the sum of five thousand six hundred dollars damages for fraud and deceit practiced by the defendant in a transaction concerning a lease on certain oil lands in Ventura County.
It is alleged in the complaint that, for the purpose of inducing plaintiff to enter into a lease on the premises, defendant false...
Views: 3
This is an appeal from a judgment in favor of the defendants in an action brought by plaintiff to set aside a deed.
To the plaintiff's complaint alleging several grounds, to be hereafter referred to, as the basis of her cause of action, the defendants filed an answer containing specific denials thereof and pleas of the statute of limitations as a bar to said action. They also allege, by way of aff...
Views: 0
This action was commenced to foreclose a street assessment lien. Upon the trial of the cause on July 7, 1917, the plaintiff introduced evidence to sustain the material allegations of its complaint; the defendant introduced no evidence, and accordingly at the close of the trial the court announced that judgment would be given in the plaintiff's favor. Findings, not having been waived, were to be th...
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Petitioner seeks a writ of prohibition to restrain the superior court from entertaining proceedings instituted against petitioner charging him with contempt of court. The affidavit upon which the contempt proceedings are based alleges that on March 1, 1909, petitioner, who theretofore had been an attorney licensed to practice law, was disbarred from practice in all courts of the state by an order ...
Views: 6
The complaint seeks the foreclosure of a mortgage given to secure the payment of a note for the sum of $20,000, dated August 1, 1914, due in three years, with interest at the rate of seven per cent per annum from date, payable quarterly, and if not so paid, to be compounded. *Page 301
The answer alleges that the only consideration received by defendants for the execution of the note was $19,400, ...
Views: 1
This is a consolidated action involving the relative rights of mortgagee, beneficiary under a trust deed and mechanic's lien claimants.
The facts necessary to an understanding of the controversy are set forth in the findings of the court. It appears that defendant W. L. Porterfield was, on October 14, 1915, the owner of certain real property in Long Beach, and on that day he and his wife executed ...
Views: 0
A purported record on appeal having been filed in this court, consisting of typewritten clerk’s transcript and typewritten reporter’s transcript, on behalf of the defendant a motion was made for diminution of the record, which motion was supported by affidavits to the effect that the testimony of Allen G. Moran, a witness, was omitted from the record; that certain objections to adjournment on Dec...
Views: 0
This is an appeal from a judgment against the defendant upon his conviction of the charge of having violated section 286 of the Penal Code, relating to the infamous crime against nature.
[1] The appellant makes three contentions upon this appeal, the first of which is that he was convicted upon the uncorroborated testimony of an accomplice. The complaining witness was one Ernest Houx, a boy under ...
Views: 7
In this action for damages, alleged to have been caused through the negligence of the defendant, plaintiffs had judgment. Defendant appeals, assigning as prejudicial errors committed by the trial judge the giving of certain instructions to the jury as to the law and the refusal to give certain offered instructions on the part of the defendant. Marie De Soto suffered the injuries complained of, ...
Views: 8
By a complaint in the usual form in such actions, plaintiff sued to quiet title to certain lots of real estate. The answer denied the allegations of the complaint and alleged that title was vested in defendants, who, as against plaintiff, prayed for a decree quieting the same.
Judgment went for defendants as prayed for, from which plaintiff appeals.
Defendants, in whom title to the property was at...
Views: 0
The appellant was charged with the crime of rape, in that he assisted and abetted one Salvador Ciulla, in the commission of an act of sexual intercourse, accomplished by said Ciulla, with force and violence upon Mary Schiro. He was convicted and from an order denying his motion for a new trial, and from the judgment of conviction and sentence he appeals.
According to the testimony of the prosecutr...
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In this action plaintiff sought recovery of damages for personal injuries alleged to have been sustained *Page 272
by colliding with an automobile which defendant negligently operated upon a street at a point where the former was crossing.
Judgment went for plaintiff, from which defendant appeals.
While conceding his own negligence, appellant insists that his plea of contributory negligence, of w...
Views: 4
These minors, of the age of seventeen years, were found to be delinquent and neglected children and were committed to the Boys' and Girls' Industrial School, at Lytton Springs, conducted by the Salvation Army. The court found that their parents were incapable of exercising over these children proper parental control; that their home, by reason of neglect on the part of the parents, was an unfit pl...
Views: 0
The defendant, after conviction on a charge of grand larceny, moved for a new trial. His motion was granted, and from the order made in that behalf the people appeal.
[1] The record is silent as to the grounds upon which the motion for a new trial was made and granted. Respondent, in his brief, says it was based upon each and every ground specified in section 1181 of the Penal Code. In the absence...
Views: 4
This is an action for damages for personal injuries, and the appeal is by the plaintiff from the judgment of dismissal of the action entered after and upon the order sustaining the demurrer to the second amended complaint, the plaintiff having failed or refused further to amend, notwithstanding that he was by the court given leave to amend within ten days from and after the making of the order sus...
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Action to foreclose a mortgage. Judgment went for plaintiff, from which defendant appeals.
It appears that on November 18, 1908, the Security Investment Company of Redlands made and delivered to plaintiff its promissory note in the sum of $10,000, payable three years after said date and bearing interest at the rate specified therein, which interest by the terms of the note was payable quarterly. O...
Views: 0
The defendant was accused of contributing to the delinquency of a minor under the age of twenty-one years. He was tried and convicted of the offense charged and from the judgment and order denying the motion for new trial the defendant prosecutes this appeal.
The information against the defendant was filed on the sixteenth day of June, 1919, and was thereafter followed by two amended informations ...
Views: 14
The appeal is from the judgment on the judgment-roll alone.
The object of the action is to abate a nuisance alleged to have existed and been maintained in and on certain premises described as the west one-half of the east one-half of lot No. 3, in the block between Second and Third and L and M Streets, in the city of Sacramento, "and particularly the building known as No. 220 L Street."
The compla...
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Plaintiff brought this action to recover upon a life insurance policy for ten thousand dollars, issued by the defendant on the life of her husband and in her favor. In the first trial of the cause a verdict was rendered in favor of the plaintiff. A motion for a new trial was made and denied. On appeal to the supreme court, the judgment and order were reversed. (Whitney v. West Coast Life Ins. Co.,...
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The defendant was tried and convicted in the superior court of Stanislaus County of the crime of practicing medicine without a license, and prosecutes this appeal from the judgment and order denying his motion for a new trial.
1. The information charged the defendant with a violation of section 17 of the State Medical Practice Act (Stats. 1913, p. 734), the said information alleging that: "The sai...
Views: 6
This is an appeal by plaintiff from an order made after judgment, which allowed as costs claimed by defendant the sum of $101.40 for a deposition.
Plaintiff filed her complaint against the defendant, her husband, seeking specific performance of an alleged oral antenuptial agreement. In anticipation of being compelled to go to trial the defendant applied for, and the court made an order based upon ...
Views: 0
Plaintiff brought this action against her husband seeking specific performance of an alleged oral antenuptial agreement to convey real and personal property after marriage. A demurrer to the amended complaint was sustained and plaintiff, declining to further amend, judgment was entered for the defendant, from which plaintiff appeals.
It is alleged in the amended complaint that the defendant is sev...
Views: 4
[1] This case is presented to us for determination upon the preliminary objection made by the respondent that there is no sufficiently authenticated record of the proceedings before us to enable us to pass upon the merits of the appeal. In our opinion this objection must be sustained. The appeal is from an order allowing alimony, counsel fees, and costs pendente lite
in an action brought to annul ...
Views: 0
This is an action brought by the plaintiffs, after a lapse of over twelve years, to set aside and vacate a judgment, rendered in 1905, in an action to quiet title, wherein the defendants here were the plaintiffs and these plaintiffs were the defendants. Plaintiffs also seek to establish a constructive trust in the land in their favor. It is the contention of the appellants that they did not have a...
Views: 14
Plaintiff is a real estate broker and the defendant the owner of an orange grove in the San Fernando Valley, Los Angeles County. This action for commissions is based upon a letter from defendant to plaintiff, of which the following is a copy: “November 1, 1918. “Mr.‘ Tillman, “Of San Dimas Realty Co., “Huntley Hotel, City. “Dear Sir:— “As indicated in my conversation with you the othe...
Views: 0
This is an appeal, from a judgment rendered in the defendant's favor after her demurrer to the fourth amended complaint of the plaintiffs had been sustained.
The defendant is the widow of one G. M. Asher, deceased, and the executrix of his last will. She is also the sole distributee of his estate under the decree of distribution made in *Page 173
the course of the probate of the decedent's said w...
Views: 0
The plaintiff is the owner and holder of certain bonds issued by the defendant corporation. She instituted this action September 7, 1917, to recover about $83,000, principal and interest owing to her on said bonds. The defendant and intervening land owners of the *Page 168
district made two principal defenses to the cause of action of plaintiff, namely, that the cause was barred by the limitation...
Views: 0
On May 20, 1918, plaintiff and defendant were husband and wife. On that day the husband commenced this action to obtain a judgment of divorce from his wife. She answered on the same day, and the court thereupon granted an interlocutory decree of divorce in favor of plaintiff. The defendant offered no evidence. Findings were prepared (or already prepared), signed, and entered on said May 20th. On t...
Views: 0
This is an appeal from a judgment in favor of the plaintiffs in an action brought by them against the defendants to impress a trust in plaintiffs' favor upon certain property which had been distributed to the defendants by a decree of distribution in the Matter of the Estate of Henrietta M. Cox, Deceased, the basis of said action being certain alleged fraudulent acts and conduct on the part of sai...
Views: 6
This is an action brought by the plaintiff against the defendants, who are trustees under the last will and testament of Maria S. Hubbard, deceased, and under the decree of distribution in the estate of Maria S. Hubbard, deceased, to recover the sum of seven hundred dollars claimed to be due as an annuity from the date of the death of the said Maria S. Hubbard, which occurred on the thirtieth day ...
Views: 6
This is an action brought by plaintiff for an accounting and thereby a determination of the amount to which the parties to this action are respectively entitled by reason of a certain agreement of copartnership entered into by and between the plaintiff and defendants on June 1, 1909.
The said agreement was to run from the said first day of June, 1909, to the thirtieth day of September, 1913, and p...
Views: 0
This is an action by the plaintiffs, claiming to be heirs at law of one George W. Keene, deceased, to recover from defendants certain moneys held by them, that plaintiffs claim to be entitled to as heirs at law of said decedent.
The said George W. Keene died on the twenty-seventh day of August, 1916, and was at the time of his death a resident of Napa County, and an inmate of the Veterans' Home of...
Views: 0
This is an appeal by plaintiff upon the judgment-roll alone from a judgment in favor of defendant. The action grew out of an alleged assault on plaintiff by defendant, as the result of which he lost the sight of his right eye. The case was tried before the superior court of the county of Plumas, with a jury, and the trial culminated in a verdict for the defendant. The complaint alleges that t...
Views: 2
The action is on three promissory notes, for two thousand dollars, one thousand dollars, and five hundred dollars respectively – all executed by defendant N. R. Spangler. The theory of the plaintiff is that at the time of the execution of the notes the two defendants were copartners engaged in the butcher business and that said notes represented the obligation of the firm although signed only by N...
Views: 2
The appeal involves two cases between the same parties in which the same questions are raised, and which by stipulation are presented in one record and as one appeal. The actions were brought to compel the city of Los Angeles to refund taxes alleged to have been illegally and erroneously collected by the tax officers of said city during the years 1911, 1912, 1913, and 1914, from plaintiff, on asse...
Views: 2
Action concerning an escrow agreement involving an interest in real estate and in the proceeds of sales under said agreement. The facts had better be stated chronologically.
In December, 1893, Agnes B. Oglesby died testate in the city of Santa Barbara. She left a large estate, a part of which was block 70 1/2 of land in the city of Santa Barbara. *Page 105
She had five children, three daughters a...
Views: 1
This is an appeal from a judgment based upon a directed verdict in favor of the defendant in an action brought by the plaintiff to recover damages for injuries sustained by her as a result of being struck by an automobile driven by the defendant upon one of the streets of Los Angeles on the evening of December 21, 1918, at about the hour of 8:20 P. M. The answer of the defendant denied any neglige...
Views: 2
This is an appeal from a judgment in favor of the defendants in an action to quiet title wherein the trial court undertook to hold that while the plaintiff had title to the property in question, it was subject to a certain judgment lien which the defendants held by virtue of a judgment in a prior action between certain of the parties to this suit. The facts of the ease, in so far as they can be...
Views: 0
This is an appeal from a judgment in the defendants' favor. The facts out of which the case arose are these: The defendants on and for some time prior to May 10, 1916, had been doing a general mercantile business in the town of Randsburg, county of Kern, and some time previous to said date had installed in their store a large concrete vault containing a safe, and within said safe a series of sixte...
Views: 0
This is an appeal by defendant from a judgment in favor of the plaintiffs for the sum of $540 *90 in an action brought to recover damages for the alleged conversion of personal property. But one question need be considered, namely: Did the plaintiffs have such an interest in the property alleged to have been converted as could furnish a foundation for the present action ? It appears from th...
Views: 0
This is an appeal from a judgment in favor of the plaintiff in an action brought to recover upon two certain promissory notes executed by the defendant in the year 1909 in the state of Pennsylvania. The complaint *Page 85
in two counts sets forth these two obligations, one in each count, and prays judgment for the aggregate sum alleged to be due thereon. The complaint as to each of these obligati...
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This is an appeal from an order of the trial court recalling and quashing certain writs of execution and the levies made thereunder which had been caused to be issued by the plaintiff upon a money judgment obtained by it against the town of Sausalito, a municipal corporation, and which under the plaintiff's direction the sheriff had undertaken to levy upon the plant and waterworks owned and operat...
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The people of the state of California, on the relation of the district attorney of said *72 county, brought an action against said petitioners under the provisions of the Red-light Abatement Act (Stats. 1913, p. 20) to enjoin the maintenance of a nuisance on certain premises known as the Casino Dance Hall. The court, on the trial, found that the nuisance existed and in due course entered its de...
Views: 1
Defendant was accused of the crime of assault with intent to commit murder and the jury found him guilty of assault. The court sentenced him to pay a fine of three hundred dollars and to serve a term of three months in the county jail. The appeal is from the judgment and an order denying his motion for a new trial. As stated by appellant, he relies for reversal upon three grounds: "(1) That the co...
Views: 12
This is an original proceeding in certiorari to annul an order of the council of the city of Santa Barbara, sitting as a board of equalization, whereby the assessed valuation of petitioner's property was increased. Petitioner seeks to have the order declared void upon the ground that the board had no jurisdiction, for the reason that, according to her claim, no "complaint" was made to the board, a...
Views: 2
Respondent moves to dismiss the appeal because of the failure of appellant to file the undertaking for costs required by section 940 of the Code of Civil Procedure.
Notice of appeal was filed with the clerk of the superior court November 16, 1919, and the printed transcript, containing the judgment-roll and two bills of exceptions, was filed in this court on December 24, 1919.
[1] The filing of th...
Views: 1
This appeal is from a judgment entered on an instructed verdict. The complaint alleged that the decedent in her lifetime executed to plaintiff her promissory note for the sum of twelve thousand five hundred dollars, and that a claim based on such note was presented to the defendants, as executors, and rejected. In the answer defendants pleaded the relationship of physician and patient between the ...
Views: 6
Motion to dismiss appeal. The notice of motion was served on appellant June 30, 1920, and was heard on July 12, 1920. Attached to the notice is a certificate of the clerk of the superior court stating that the notice of appeal was filed March 3, 1919; that an order granting five days' additional time to prepare a bill of exceptions was filed March 13, 1919; and that no further action was taken.
Co...
Views: 6
This is an appeal from a judgment of the superior court of Stanislaus County, decreeing *Page 47
the foreclosure of a mortgage. The said mortgage was executed by defendants R. A. Whitford and his wife, Augusta Whitford, to one C. L. Flack to secure a promissory note for the sum of $21,864.42, dated April 9, 1913, payable four years after date with interest at six and one-half per cent per annum. ...
Views: 0
The petition recites that James E. Tiffany is the father and proper guardian of William McFarland Tiffany, who is restrained of his liberty by the judge of the bation officer, and May C. Sprague, matron of Maude juvenile court of Los Angeles County, the referee, pro-Booth Home in Los Angeles. The detention is alleged to be illegal in that a petition under the provisions of the Juvenile Court Act w...
Views: 0
It appears to the court in this proceeding that the respondents have at all times been willing, and are now ready and willing, to credit any payments received *Page 44
from the general government on account of any co-operative projects to any fund or funds as may be lawfully designated by the state engineering department.
It follows that no writ of mandate should issue herein, and it is so ordere...
Views: 1
Petitioner was received at the state penitentiary at San Quentin about August 25, 1911, under a sentence of ten years for grand larceny. If entitled to the credits for good conduct allowed under section 1588 of the Penal Code, he should have been released February 25, 1918. *Page 40
The petition alleges that during the month of July, 1912, without previous notice and without opportunity of prepar...
Views: 0
The defendant, Fred Hamilton, was charged by an information filed in the superior court of Plumas County, on the twelfth day of August, 1919, with the murder of one Gussie Redhead, an Indian woman, on or about the twenty-seventh day of July, 1917, near Quincy, in said county of Plumas, and on the trial of the case the defendant was convicted of the crime of manslaughter, and judgment was pronounce...
Views: 13
The defendant was informed against by the district attorney of Tehama County, in the superior court thereof, for the crime of administering poison to another person maliciously and with intent to kill said person. He was tried and convicted by a jury under said information, and he brings this appeal to this court from the judgment and the order denying his motion for a new trial.
The point first m...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 14
The defendant having been convicted of the crime of murder of the first degree and sentenced to imprisonment for life, appeals from the judgment and from an order denying his motion for a new trial.
At about 10 o'clock on the night of September 25, 1919, t...
Views: 8
Appellant was convicted of the crime denounced by an act of the legislature passed in 1911 (Stats. 1911, p. 10.) The charging part of the indictment is as follows: "The said Joe Fuski on the __________ day of November, A.D. 1919, at the County of Sacramento, in the State of California, and before the finding of this indictment, did then and there knowing one Esther Greely, a female person, to be a...
Views: 12
At the expiration of a written, lease of real estate made by plaintiff to defendants they refused to surrender possession and thereupon he brought this action for unlawful detainer. Judgment went for plaintiff, from which defendants appeal. The lease was for a term of five years at a rental of forty dollars per month for the first two years; forty-five dollars per month for the next two years...
Views: 0
The facts in this proceeding are in all material respects the same as in Stevens v. Southern Pacific Land Co., ante, p. 596, [195 Pac. 712], For the reasons there given, the judgment is affirmed. A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on February 21, 1921. All the Justices concurred....
Views: 0
The facts in this proceeding are in all material respects the same as in Stevens v. Southern *Page 806 Pacific Land Co., ante, p. 596, [195 P. 712]. For the reasons there given, the judgment is affirmed.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on February 21, 1921.
All the Justices concurred....
Views: 0
It is stipulated by the parties to this appeal that the facts are identical with those of the case entitled"Z. B. Stuart v. Rose Everly," ante, p. 551, [195 P. 701], and in which the order appealed from was affirmed. For the reasons given at length in that opinion the same result must follow in this case.
The order is affirmed....
Views: 0
It has been stipulated by the parties to this appeal that the facts are identical with those of the case entitled "Z. B. Stuart v. Rose Everly," ante, p. 551, [195 P. 701], and in which the order appealed from was affirmed. For the reasons given at length in that opinion the same result must follow in this case.
The order is affirmed....
Views: 0
At the time of the hearing of the above-entitled matter it was stipulated by counsel for the respective parties herein that the decision rendered in the proceeding entitled, "In theMatter of the Application of Ruby Hunter for a Writ of HabeasCorpus, Crim. No. 544," ante, p. 285, [195 P. 76], should be decisive of the application in the proceeding herein; and, inasmuch as we find that the applicati...
Views: 0
Petitioner, a ward of the juvenile court for Los Angeles County, complains that she is unlawfully restrained of her liberty, in that she is denied the right of private consultation with her attorney to enable her to prepare for her defense on a criminal charge. She therefore seeks by habeascorpus an order that will effectually safeguard such right. The allegations of her petition, the truth of whi...
Views: 11
This is an appeal from a judgment in favor of the plaintiff, taken on the judgment-roll alone. The action was instituted to recover the sum of five thousand dollars with interest, and attorneys’ fees, and was founded upon the alleged liability of the defendant upon a written instrument whereby the defendant, a corporation engaged in a general surety business, undertook to guarantee to plaintiff t...
Views: 0
Page 160
Petitioner is imprisoned under a warrant of arrest issued out of the police court of the city of Pasadena upon a complaint charging him with a violation of an ordinance entitled "An ordinance of the city of Pasadena regulating the hours during which dancing may be conducted and dance-music performed in certain places." So far as material, the ordinance reads: "Between the hours of 10 o'clock P. M....
Views: 7
The appeal in this action is from a judgment for plaintiff in the superior court of Nevada County for $750, based on a complaint which sets forth two causes of action—the first for trespass, in tearing out a certain pipe-line, and the second for conversion by the defendants of the pipe-line so removed. The amount sued for was $14,800, being double the amount of actual damages claimed to have be...
Views: 1
This is the second appeal in this cause. The first trial of the case resulted in a judgment for the defendant, from which judgment the plaintiff appealed, and the judgment was reversed by the supreme court, the decision being rendered and filed on June 18, 1918. (See 178 Cal. 446, [173 P. 999].)
On the former appeal, as on this, the principal question submitted for determination was whether a cert...
Views: 2
The plaintiff appeals from an adverse judgment awarding him $236.91 in a suit on a promissory note of the defendant for $2,500. He makes the single contention that under the evidence, the trial court should not have allowed a certain credit of $2,000 which was claimed by the defendant as attorney’s fees, 'among other credits, some of which were allowed and one of which was rejected by the court. ...
Views: 0
This is an original proceeding in mandamus to require the respondent, as judge of the superior court, to direct Carrie E. Bridge to answer questions propounded to *Page 736
her in the taking of her deposition in a proceeding pending in that court. The sole question at issue is whether the said witness, being jointly sued with her husband as a party defendant in said action, may be interrogated wi...
Views: 0
In this action the plaintiff filed his complaint praying for judgment against the defendants in the sum of $1,000 as money had and received by them to and for the use of the plaintiff. The defendants admitted receipt of the sum stated but denied any liability to plaintiff upon the ground that this sum represented the amount of a deposit paid upon a certain contract of sale of real property belongi...
Views: 4
On December 31, 1915, at Los Angeles, California, this defendant, together with two others – Charles W. Fox and F. H. Evans – made, executed, and delivered a certain promissory note by the terms of which each promised to pay to the Halberg-Mier Automatic Press Company, or order, the sum of $18,000, the note being set out in haec verba in the complaint. On the same day this note was transferred, by...
Views: 0
Plaintiff brought this action to secure judgment of ejectment against the defendants; to recover certain specified rents, and to recover damages for the alleged *Page 720
unlawful withholding of the real property. The court made findings awarding plaintiff a money judgment, declined to make a judgment for the possession of the premises because at the time of the trial it appeared that such posses...
Views: 1
Neither party to this appeal has given us any statement of the case. We have, therefore, been put to the labor of going through the pleadings, findings, etc., to get as best we could an understanding as to what the controversy is about.
As near as we have been able to ascertain from the record before us, the action is brought by plaintiff to recover on a certain contract, alleged to have been ente...
Views: 7
This action was brought to quiet title in the plaintiff to a certain parcel of real estate. Judgment was entered agreeable to the prayer of the complaint. Defendants have appealed.
On the twenty-seventh day of February, 1912, plaintiff and Jacob C. Miller, her husband, executed a deed conveying the title to the property in controversy to Mervin Miller. The deed was made upon the consideration that...
Views: 0
This is an appeal by plaintiff as administrator of the estate of Wilbur F. Earl, deceased, who died intestate on December 29, 1915. Plaintiff's intestate was the grandfather and adoptive father of the defendant, Ethel Stella May Buster.
Wilbur F. Earl, something more than a year before his death, namely, on September 11, 1914, signed and acknowledged and left with his attorney, Henry M. Hurd, Esq....
Views: 3
This is an appeal from a judgment foreclosing a lien for an assessment levied for certain street work in the city of St. Helena under the provisions of the Improvement Act of 1911. The complaint alleges, in due form, the performance of all things required by the Improvement Act to be done up to the signing of the contract on the seventh day of November, 1912. It alleges the execution of the contra...
Views: 0
This appeal is from a judgment in favor of the plaintiff in an action brought to recover the sum of $3,028, claimed to be a balance due from the defendant to the plaintiff under a certain agreement in writing which, as set forth in the complaint, reads as follows: “A. H. Koebig, Sr., “Los Angeles, California. “Dear Sir: “In consideration of your assigning the agreement which you hold with...
Views: 0
This is an appeal by the plaintiff from a judgment in the defendant's favor in an action for divorce, dismissing said action, the defendant's special plea of res adjudicata being sustained by the trial court.
The facts of the case are undisputed and are briefly these: The parties to this action intermarried on April 26, 1898. On September 26, 1917, the plaintiff's wife, who is the defendant in the...
Views: 2
This is an appeal by the defendant from a judgment in favor of the plaintiffs for the sum of $3,008.15. The controversy between the parties grows out of a contract entered into by them on September 21, 1917, by which the plaintiffs agreed to sell to the defendant a large quantity of personal property constituting a teaming and grading outfit, and including approximately 200 head of horses and m...
Views: 0
This is an appeal from a judgment in favor of the plaintiff in an action brought by the plaintiff on his own behalf and also as the assignee of certain other parties to recover certain sums of money alleged to be due for services rendered and advances made. The facts were substantially these: The defendants, who were copartners in a real estate business, which included, among other activities, ...
Views: 0
The county of Sacramento, in 1916, elected to bring itself within the benefits conferred by the provisions of an act entitled, "An act providing for the laying out, constructing, straightening, improvement and repair of main public highways in any county, providing for the voting, issuing and selling of county bonds and the acceptance of donations to pay for such work and improvements, providing f...
Views: 2
This is a petition in mandamus to require respondents to dismiss an appeal from a judgment rendered by the justice's court. On the twenty-first day of June, 1920, petitioner herein, as plaintiff, recovered a judgment against Belle Bennett and John C. Orcutt in the justice's court in the city and county of San Francisco on an assigned claim for taxi hire in the sum of $187.75. On the twenty-fifth d...
Views: 2
The petition for a writ of certiorari is denied. It appears that the order releasing and discharging the insurance carrier from further payments to petitioner, which is sought to be reviewed here, was made upon a finding that the injury forming the basis of this proceeding had resulted in a permanent disability, consisting of the loss of the fourth toe of the right foot at the proximal joint, w...
Views: 0
This action was brought to have a trust declared in certain property.
The substance of the facts as disclosed by the findings shows that on the eighteenth day of April, 1914, L. L. Bateman was the owner and in possession of certain personal property described as all the stock in trade, including groceries and general merchandise, in a certain store located in Kern County, the value of which was ap...
Views: 0
The plaintiff obtained a judgment against the defendants for $15,195.51 and interest thereon, and they have appealed upon the judgment-roll.
The court found that the contract between the parties was made in two letters, marked respectively "A" and *Page 638
"B"; that "A" was written by Mr. Ford, the president of the plaintiff company following a discussion of the terms of the proposed contract he...
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This is an appeal from a judgment of nonsuit. The action was brought to set aside, as a fraud upon creditors, a trust executed voluntarily by the decedent, Mary Potts, in her lifetime, to the defendant Oakland Bank of Savings. By the terms of the writing she transferred to the bank the sum of $3,245, and made provision therein for medical attention and medicines during her life, for the payment of...
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Plaintiffs appeal from a judgment entered after a demurrer to the second amended complaint was sustained without leave to amend.
By their suit plaintiffs seek to terminate a trust created by the will of their deceased mother, Henrietta C. Woestman, in which the defendant is named as trustee. The relief is sought on two grounds: (1) That the trust was void in its inception because attempted to be c...
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Appellant applies for a supersedeas during the pendency of the appeal from a judgment of the superior court of Los Angeles County denying a writ of prohibition against the board of fire commissioners of the city of Los Angeles.
In an original proceeding instituted in this court for the same purpose before the appeal was taken, it was considered that sufficient cause was shown by the petition, and ...
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This is an action instituted by the plaintiff to recover commissions as a broker for services rendered in the sale of the interest of the defendant, Mrs. Maria E. de Settle, in a certain tract of land consisting of 886 acres. The plaintiff had judgment for the sum of $12,581.20, and the defendant appeals, the ground for reversal urged being that the trial court, by its instructions to the jury, ba...
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The appeal is by plaintiff from a judgment in favor of defendant Denehy Mercantile Company after a demurrer to a second amended complaint had been sustained and the plaintiff had declined to amend. The sole question on this appeal is therefore the sufficiency of said amended complaint. Appellant has made and presented a synopsis of said complaint, which we substantially adopt in the following stat...
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This is an appeal from a judgment in favor of the defendant in an action instituted by the plaintiff *Page 30
against the said defendant, as executrix of the estate of B. M. Baird, deceased, to establish a claim against said estate.
The facts out of which said claim arose may be briefly summarized as follows: One Alfred Baird was for many years a resident of Fresno County, where he had amassed a ...
Views: 0
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Plaintiffs, stockholders of the New Pedrara Mexican Onyx Company (hereafter referred to as the California company)...
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[1] The facts in this case are identical with those in the case of Brask v. Cox et al., ante, p. 721, [194 P. 292], and which are fully set forth in said decision, wherein the judgment was affirmed. It follows that the judgment herein must be affirmed, and it is so ordered.
*Page 1 ...
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At the oral argument following the order granting a rehearing it was stipulated by the parties hereto that all proceedings in the Land Department affecting the respective rights of the parties, as shown by the records of *Page 797
that department, are correctly set forth in the record on appeal in Donley v. Van Horn (No. 3213), ante, p. 383, [193 P. 514], and that on the appeal in this case judic...
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[1] The facts in this proceeding are in all material respects the same as in Matter of William McFarland Tiffany, ante, p. 44, [192 P. 547]. For reasons there given, the writ is discharged....
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[1] The facts in this proceeding are in all material respects the same as in Matter of William McFarland Tiffany, ante, p. 44, [192 P. 547]. For reasons there given, the writ is discharged....
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This is an appeal by defendant William A. Newsom from a judgment in favor of the plaintiff for damages resulting from a collision between said defendant's automobile and a motorcycle operated by the plaintiff.
For the purposes of the appeal the parties have stipulated that the evidence introduced at the trial of the case shows that the plaintiff was injured, and damaged to the full amount of the j...
Views: 5
This is an appeal from a decree in favor of the plaintiff rescinding and setting aside, on the grounds of misrepresentation and fraud, a certain instrument in writing executed by the plaintiff to the defendant, and is upon the judgment-roll alone.
The complaint is of considerable length, but it will subserve the purpose of this decision to present the averments herein in substance. It may here pro...
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The action was brought for a partial accounting of an alleged partnership in the proceeds of a certain shipment of chrome ore made in June, 1918. Plaintiff’s claim of the partnership relation was based upon the asserted execution of the following written instrument: “Nevada City, August 25, 1917. “This is to certify that A. M. Hotchkiss and Eleanore E. Hoeft have this day and date entered i...
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Appellant was tried and convicted on information charging him with the violation of section 288 of the Penal Code, which defines as a felony certain lewd and lascivious acts upon the body of a child under the age of fourteen years. After the jury was impaneled and sworn to try the case, and before any witnesses were sworn, the court interrogated the little girl who was the subject of the alleged a...
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The plaintiff sued to have certain conveyances set aside as fraudulent and appeals from the judgment against it. The real basis of the attack is that the evidence does not support the findings of fact. Interwoven with the argument upon this question the appellant makes certain contentions regarding the law. It will tend to clarity to dispose of these contentions in the first instance. Three deeds ...
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Defendant appeals from a judgment of conviction and an order denying his motion for new trial. The evidence tending to establish his guilt consists of the direct testimony of a little girl, five years of age, and his own written, signed confession, made by him at the police station on the evening of the alleged crime, in the presence of a number of police officers. The prosecution's preliminary ev...
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The plaintiffs brought this action to recover for the alleged breach of a contract to sell a quantity of wine and for the commission claimed to be due for the sale of the same. They recovered a general judgment, based upon both counts, and the defendant appeals.
The defendant, a wine grower, signed and delivered to U. Grossini a paper reading as follows:
"Morgan Hill, Cal., Dec. 2nd, 1918, I have ...
Views: 0
The controversy was over the title and right to the possession and use of the waters of Raider Creek, in Modoc County. Plaintiffs claimed that they were entitled to 750 inches of the water measured under a four-inch pressure, and that the defendants wrongfully entered upon the channel of said Raider Creek at a point above the lands of the plaintiffs and diverted a portion of the water from the mai...
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This is an appeal by the plaintiff from a judgment against him in an action in which he, as assignee of the rights of R. A. Dunnigan, sought to collect nine hundred dollars attorney's fees under a written contract for professional services made between said R. A. Dunnigan and defendant.
The trial court found that a written contract had been entered into between defendant and R. A. Dunnigan, under ...
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This is ah appeal from a judgment in favor of the defendant, after motion for a new trial made and denied. The action is one to recover commissions claimed to be due under a written instrument, which, it is *744 alleged, appointed plaintiffs exclusive agents to sell certain real and personal property of the defendant. It is further alleged that pursuant to the agreement the plaintiffs procured ...
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On April 23, 1915, the plaintiff, Menzie Walsh, filed in the superior court of Alameda County an unverified complaint against Blue Taxicab Corporation as defendant. The Blue Taxicab Corporation was named as defendant in the title of the action, and in the *Page 738
body of the complaint the corporate character of the defendant was set out. By her complaint the plaintiff sought damages for certain...
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The plaintiff appeals from a judgment against him in a suit brought for the return of certain property or for its value.
The plaintiff-appellant is the assignee of Frick Company, a Pennsylvania corporation, manufacturers of ice-making and other machinery. For many years it maintained an agent named Meltzer in Los Angeles. Horstmann Plomert, partners, engaged in the contracting business, or, at, l...
Views: 1
Defendant was convicted of the crime of robbery. His appeal presents the single .question whether the evidence is sufficient to identify him as the person who committed the crime. It is conceded that the robbery was committed by someone. On the evening of December 12, 1919, a person, identified by Robert E. Sherman, the complaining witness, as' this defendant, entered Sherman’s drug-store at 43...
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This is an appeal from a judgment in favor of the plaintiffs quieting their title to certain lands located in the county of Alameda. The facts of the case, in so far as they are undisputed, may he briefly summarized as follows: On the tenth day of June, 1915, one H. A. Thomas, while driving an automobile upon one of the streets in the city of Oakland, ran into and severely injured a minor, name...
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The plaintiff, in the first count of his complaint, claims the sum of $330 as due to himself for labor performed for the defendant. A second count for $385 is based upon a like claim of one Melvin J. *Page 719
Cole, assigned to the plaintiff. The appellant makes two points. The first involves a mere conflict in the evidence. The second is based upon certain rulings of the court concerning parts o...
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The defendants and appellants are, and were during all the times mentioned in this *Page 702
opinion, owners of a certain mining claim situate in Nevada County. During the year 1915 the defendants leased said mining premises to the Willow Valley Mining Company, and thereafter the said Willow Valley Mining Company entered into a contract for the purchase from the plaintiff of a certain pump and el...
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Defendant appeals from a judgment entered against him for damages arising by reason of the alleged conversion of an automobile taken by him under attachment in a suit of the Union Oil Company against Parsons. The latter action grew out of the relation of employee and employer which had existed respectively between Parsons and the Union Oil Company. Parsons, while employed by the Oil Company as a t...
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This is an action wherein the plaintiff seeks to compel specific performance of an alleged contract of date October 10, 1916, for the purchase by the defendant of 298 acres of land in Kern County, and to compel payment of $8,000, the alleged purchase price. Judgment was entered denying specific performance, but at the same time awarding to plaintiff the sum of $3,000, damages for nonperformance of...
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Appellants were convicted of the crime of robbery and they appeal from the judgment and order denying the motion for a new trial. The evidence for the people showed that they entered a store kept by certain Chinese in the city of Merced and by the use of force and violence took quite a sum of money from the person of several of the Chinamen, including the owner, who were therein at the time. It wa...
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This action was brought by the plaintiff as the vendee under a contract for the sale of real property to recover from the defendant, Corning Farms Company, a corporation, the amount paid by the plaintiff to said defendant under the terms of said contract after the same had been terminated by the vendor for the alleged failure of the *Page 682
vendee to make certain installment payments due upon t...
Views: 0
The defendant appeals from a judgment directing him to execute and deliver to the plaintiff an assignment of the title to an invention designated as a "light dissolve" and enjoining him from transferring or encumbering the invention.
The appellant attacks the judgment on various grounds, none of which has impressed this court as being substantial. An unwarranted attack is made upon the learned jud...
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This is an appeal by the defendant, county of San Diego, from a judgment against it decreeing that plaintiffs recover from the county $2,608.70, theretofore *Page 669
paid under protest by plaintiffs as state and county taxes assessed and levied against the estate of Thomas S. Parker, deceased, for the fiscal year 1918-19.
As stated by appellant, the sole question is whether, for taxation purpose...
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The plaintiff brought this action, seeking to recover the sum of two thousand dollars, which she alleges she was fraudulently induced to loan to the defendants in July, 1908, and to have the amount decreed to be a lien upon property of defendants. The trial court found specifically in favor of the defendants. Judgment was entered accordingly and plaintiff has appealed on the judgment-roll alone, c...
Views: 0
By the complaint in this action the city of Ontario was charged with having constructed and maintained a ditch or waterway through and by means of which it wrongfully and without right diverted storm waters upon plaintiff's land, to his damage in the sum of $10,000. In addition to the allegations upon which recovery of damages was sought, facts were alleged upon which plaintiff asked that the city...
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[1] In the superior court of Alameda County, in the month of April, 1919, the petitioner was convicted of the. crime of robbery, together with a prior charge of burglary. In such cases it cannot be disputed that the statute requires the punishment to be imprisonment *658 in the penitentiary for life. There is no minimum sentence for such case. (Secs. 213 and 667, Pen. Code.) But it is claimed...
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The action was for damages for false imprisonment and was tried without a jury. The court awarded the plaintiff the sum of $450, and from the judgment the appeal has been taken. The gist of the action is shown by the following allegations of the complaint: "On the twenty-first day of August, 1918, at and in the said town, the said J. J. Turner, with force, and without any public offense having bee...
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This is an appeal from a judgment obtained by plaintiff against the defendants.
The plaintiff is a minor, a citizen of the United States and a negro. The defendants conduct a moving picture show at Fresno, and on June 20, 1918, sold to plaintiff two tickets to the show, upon presentation of which plaintiff and his young woman friend were admitted to the showroom. He was thereupon directed by an us...
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The defendant and Grant Todd were charged with obtaining money under false pretenses. The defendant Haskins' demurrer to the information was overruled. He was convicted and sentenced to imprisonment in the state prison. Motions for a new trial and in arrest of judgment were denied, and this appeal is from the judgment and from the order denying said motions.
[1] It is first urged that the facts st...
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The plaintiff sought and obtained an interlocutory decree of divorce. Service on the defendant, a nonresident, was by publication. Less than six months after the entry of the decree the defendant made a motion, supported by an affidavit of facts, an affidavit of merits, and his proposed answer, to vacate and set aside the default and the interlocutory decree, and for permission to answer. The cour...
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This is an appeal from an order denying plaintiff's motion to set aside the judgment for defendants and enter judgment for plaintiff on the findings. A jury was impaneled advisory to the court and found certain facts which the court adopted in its findings and also returned a general verdict in favor of the defendant Phillips, and the court gave judgment in her favor. Plaintiff did not appeal from...
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The defendant was indicted for violating chapter 188 of the Statutes of 1919, commonly known as the Criminal Syndicalism Act. He was found guilty and sentenced to imprisonment in the state prison. This appeal is from the order denying the motion for a new...
Views: 6
The defendant, with one Venice Gibbons, was accused of having, on the seventeenth day of November, 1919, stolen four sacks of wool from one W. P. Hoke in Sutter County. The said Gibbons pleaded guilty, and this defendant was tried and, on the fourteenth day of January, 1920, was convicted of the crime of grand larceny. *594 Prom the judgment and order denying motion for new trial defendant pros...
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This is an appeal from a judgment of conviction of the defendant upon the charge of rape. The sole point urged by the appellant is that there was no sufficient evidence to justify the verdict against him or the judgment rendered thereon. In support of this contention the appellant quotes largely from the evidence in the case, which he insists sustains his claim that he was convicted upon the unsup...
Views: 1
Defendants were charged by information of the crime of assault with a deadly weapon, committed in the county of San Joaquin, and upon a trial they were convicted of the offense charged. They moved for a new trial, which motion was denied and judgment was pronounced that each defendant pay a fine of $360.
[1] Appellants contend that on account of the trial court's refusal to give any instructions o...
Views: 4
This is an unusually frivolous appeal. The defendant, on motion, procured an order changing the place of trial from the county of San Joaquin to the county of Yuba, on the ground that he resides in the latter county. The appellants appeal from this order. The record is utterly barren of debatable questions. Only two points are made by the appellants. *586 [1] (1) It is claimed that the affi...
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Mandamus to compel respondent, as judge of the superior court of the county of Merced, to order a stay of execution upon a judgment of dispossession rendered against petitioner in an uplawful detainer suit now on appeal to this court.
From the petition and return it appears that petitioner was the tenant of one Pfitzer of an eighty-acre dairy farm under a five-year lease, expiring in December of 1...
Views: 0
On an information charging him with felony for violation of section 21 of the Motor Vehicle Act (Stats. 1915, p. 408), the defendant was tried, found guilty by the jury, and sentenced to pay a fine of one hundred dollars, or in default of the payment to be confined in the Alameda County jail for a period of one day for each two dollars of the fine imposed. His motion for a new trial, supported by ...
Views: 4
This is an appeal by the defendant from a judgment of conviction of the crime of arson. Defendant was charged with willfully, unlawfully, feloniously and maliciously, on January 23, 1918, in the night-time of said day, setting fire to and burning and causing to be burned that certain inhabited structure, building, and dwelling-house of one Albert J. Nymand, known and designated as No. 607 Vallejo ...
Views: 0
This is an action wherein judgment has been rendered, pursuant to the verdict of a jury, against the defendant and in favor of the plaintiff Flossie Good for the recovery of damages on account of the death of Hugh S. Good. Such death was alleged to have been caused by negligence of the defendant. The defendant appeals from the judgment.
As shown by the amended complaint, this action was prosecuted...
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In this case the plaintiff and appellant appeals from eighteen orders made by the lower court on proceedings supplemental to execution. But one notice of appeal was given. The clerk certifies that "an undertaking on appeal in due form has been properly filed in the foregoing action."
The defendant and respondent insists that, as there were eighteen appeals and but one undertaking, the appeals must...
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Action to foreclose a mechanic's lien. Judgment went against plaintiff, from which he appeals upon the judgment-roll alone.
It appears from the findings that on October 9, 1914, defendant Elizabeth C. Frey acquired by purchase a lot, title to which prior to said date had been vested in the Los Angeles Trust Savings Bank. [1] In anticipation of the purchase and while negotiations therefor were pen...
Views: 1
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By this habeas corpus proceeding, petitioner seeks an order directing that he be taken from the custody of the warden of the state prison at San Quentin and remanded to the custody of the sheriff of Los Angeles County.
Petitioner, who had been convicted o...
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Defendant was informed against by the district attorney of Solano County for the crime of murder. He was thereupon tried and convicted of manslaughter and he prosecutes this appeal from the judgment and order denying his motion for a new trial.
It appears from the evidence that on the evening of November 16, 1919, the defendant, in the company of Bessie A. Hamilton, Hazel Chapman, and Walter W. Fo...
Views: 0
The action was brought in a justice court of Lassen County to recover damages for the killing of certain stock belonging to plaintiffs. The claim was based upon the provisions of section 485 of the Civil Code, as amended in 1915 (Stats. 1915, p. 1281), requiring railroads to maintain fences on both sides of the railroad track and making them responsible for injury to stock caused by failure to obs...
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The plaintiff and defendant are executors of the last will and testament of Conrad Iser, deceased. The said Conrad Iser died on the nineteenth day of January, 1917. His will was admitted to probate and letters testamentary issued to the said Adam Keller and John Gerber on February 6, 1917. The estate exceeds in value the sum of $10,000, and the first publication of notice to creditors was made on ...
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This is an appeal from a judgment in favor of plaintiff and against defendant upon three promissory notes given by the latter as the purchase price of an interest in a garage in Oakland.
On November 18, 1918, defendant Schultz and Mrs. M. E. Farrell, wife of F. M. Farrell, were copartners in a garage and automobile repair-shop in Oakland, and on that day Schultz purchased Mrs. Farrell's interest i...
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In this action plaintiff sought a decree declaring certain real property, consisting of a house and lot, legal title to which was vested in defendant, to be the subject of a trust wherein, as alleged sole beneficiary and legal owner thereof, he prayed that such trustee be required to execute a deed conveying the property to him. *Page 503
The admitted facts and defendant's testimony, in accordanc...
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Appeal from a special order of the superior court of San Mateo County, granted on motion of defendant for an order vacating the portion of an interlocutory judgment allowing plaintiff alimony.
Plaintiff instituted the action for divorce on grounds of extreme cruelty. Before trial a written stipulation was entered into between the parties which provided, among other matters, that if the court award...
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Defendants prosecute this appeal from a judgment in a suit in equity brought to vacate a judgment obtained by them as plaintiffs in a suit brought pursuant to the McEnerney Act (Stats. 1906, Ex. Sess., p. 78) against All Persons.
There is no material dispute as to the facts of the case, which are substantially as follows:
Defendants purchased certain real property on March 4, 1915, and upon paying...
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Defendant appeals from an interlocutory judgment of divorce in favor of plaintiff, wherein the court declared each party the owner of one-half of certain homestead community property and awarded plaintiff a monthly allowance for the support of the minor children of the parties, such allowance to constitute a lien upon defendant's interest in such homestead property until paid.
Defendant urges two ...
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Plaintiff executed and delivered to defendant a lease which by its terms expired on November 20, 1916. The lease contained the following covenant: “The lessees have the privilege of renewing this lease at its expiration on November 20, 1916, for five additional years at a monthly rental to be agreed upon by the lessor and lessees, and if they cannot agree on a monthly rental, they shall submit to...
Views: 0
Plaintiff seeks to recover certain commissions which he alleges he earned by assisting the defendant in selling merchandise in Vladivostok, Siberia. Plaintiff had judgment. Defendant made 'a motion for a new trial, which was denied, and he now appeals. In support of his motion for a new trial, defendant urged, as one ground, the insufficiency of the evidence to justify the decision of the court a...
Views: 0
This is an appeal by plaintiff from a judgment in favor of defendants in an action brought to recover the sum of fifty thousand dollars on a bond given to insure the performance of the terms and conditions of a certain franchise for the construction of a railroad in the city of San Diego. The plaintiff alleged the granting of the franchise by ordinance of the common council approved April 11, 1907...
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The Bar Association of San Francisco accused Russell W. Cantrell, an attorney and counselor at law, of certain acts in his office as attorney which were alleged to have involved moral turpitude and dishonesty within the scope of subdivision 5 of section 287 of the Code of Civil Procedure, which provides that an attorney and counselor *Page 469
may be removed or suspended "for the commission of an...
Views: 1
This is an appeal from a judgment in favor of the plaintiff in an action for damages for personal injuries alleged to have been sustained by plaintiff while a passenger on one of the defendant's cars.
[1] The first contention of the appellant is that the trial court erred in overruling the defendant's general demurrer to the plaintiff's amended complaint. The averments of said complaint are, in su...
Views: 0
This is an appeal from a judgment in favor of the plaintiff in an action to quiet title.
The lands embraced in said action lie along the shore of Clear Lake between the meander line of the lands granted by *Page 461
the United States government to the predecessors of the plaintiff, in the patent on which the latter relies, and the edge of Clear Lake at low-water mark. The defendant, in her pleadi...
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On the fifteenth day of April, 1918, the plaintiff, as party of the second part, and the defendant, as party of the first part, entered into a contract in writing which provided "that for and in consideration of the amount of $500, the receipt whereof is hereby acknowledged by the party of the first part," the party of the first part agreed to sell to the party of the second part, and the party of...
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Defendant having obtained a judgment against F. B. Ranger, caused an execution to be issued thereon, which was levied upon a Rausch Laing electric coupe and a Cadillac automobile then in possession of plaintiff herein, Mae B. Ranger, who claimed ownership of the same. Under the execution so levied the property was by the sheriff sold to defendant for the sum of three hundred dollars. Thereupon pl...
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Plaintiff, as a judgment creditor of F. B. Ranger, brought this action to set aside certain alleged fraudulent transfers of real estate and money, made by him to his wife, the defendant Mae B. Ranger, and to subject the property so transferred to the payment of plaintiff's judgment.
The appeal is from the judgment entered in favor of defendants.
At the time of the transfers, made in the months of ...
Views: 0
Plaintiff brought this action in specific performance to compel the defendants, as trustees, to execute to him a lease, according to the terms of an alleged verbal contract, claimed to be evidenced by a memorandum in writing. Judgment was entered for the defendants and plaintiff appeals.
Plaintiff, as tenant, was in possession of the premises, the John Davidson ranch, in Marin County, under a leas...
Views: 0
This case comes here upon an appeal from an order denying a motion of plaintiff to set aside a final decree of divorce entered in her favor upon motion of the defendant. Plaintiff began this action for divorce from defendant. The property rights of the parties were settled out of court, and thereupon and on March 30, 1918, the plaintiff amended her complaint by eliminating the charge of adulter...
Views: 6
This is an appeal from a judgment in favor of plaintiff in an action for damages for injuries sustained by her in a collision between a motor-bus of the defendant, upon which she was a passenger, and a street-car of the municipal railroad of San Francisco. The jury returned a verdict in plaintiff's favor for the sum of six thousand dollars, for which judgment was entered; but the court, upon defen...
Views: 2
Plaintiffs appeal from a judgment in favor of defendant in an action brought to restrain defendant *Page 430
from practicing the business or profession of optometry in the city of Los Angeles in violation of a covenant of the defendant contained in the bill of sale of his interest in a certain partnership known as the Cahn-Vaughn Optical Company. On September 12, 1917, Henry Cahn entered into an ...
Views: 2
Several actions in the superior court were consolidated and tried as one. The trial resulted in a judgment adverse to Milton A. Fly, the appellant. The controversy presents the question as to whether appellant had the right to redeem the property, a lot in the city of Los Angeles, from a redemption previously made by the Hammond Lumber Company.
The facts necessary to an understanding of the questi...
Views: 3
This is an action for damages for the discontinuance by defendant of the service of gas to plaintiff's premises.
The defendant had a verdict from a jury, and from the judgment entered upon it the plaintiff appeals.
The pertinent facts of the case are few; the questions of law arising therefrom simple. A meter was installed by defendant on plaintiff's premises on January 18, 1918, for *Page 411
me...
Views: 0
Plaintiff and appellant, doing business under the name and style of "Philadelphia Shoe Company," with its principal place of business in San Francisco, commenced this action to restrain defendants from conducting the same line of business in the city of Fresno under the name of "Philadelphia Shoe Store." Two causes of action were included in the complaint, the first based upon plaintiff's exclusiv...
Views: 1
The plaintiffs in these three cases appeal from several judgments rendered against them upon *Page 401
nonsuits granted on motion of the respondent municipality. The cases were consolidated for the purpose of the respective appeals, it being stipulated that the judgment in the Wolff case should control the determination of the other two appeals. The plaintiffs as owners of their respective lots o...
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Plaintiff, to whom had been issued a patent to the land in controversy, sued for recovery of the premises and to quiet title. The lower court adjudged plaintiff to be the owner and entitled to possession. From this judgment defendant appeals.
The land, which is situated in Imperial County, has been in the exclusive occupancy of defendant ever since some time prior to December 26, 1911, on which da...
Views: 0
This was an action brought to recover upon a promissory note for the sum of fifteen hundred dollars signed by the defendants and payable to one J. B. Graves or order one month after date and transferred by said Graves to plaintiff before maturity. The defendants in their answer denied that the note had ever been delivered to said Graves, alleged that the same had been transferred to the plainti...
Views: 0
Defendant was convicted of the crime of kidnaping and as punishment was sentenced to imprisonment in the state prison. He appeals from the judgment, upon the grounds, first, that the information does not charge the offense of kidnaping, as defined by section 207 of the Penal Code; second, that the evidence is insufficient to support the conviction; and, third, that the court misdirected the jury i...
Views: 17
This is an action for personal injuries sustained by the plaintiff in falling through an unguarded opening in the platform of the fire-escape adjacent to her room, on a building in the city of Fresno, owned by the defendant Rowell, and in which the defendant Whistler, as lessee, conducted a hotel. The action was instituted against both the owner and lessee. They appeared separately by demurrer to ...
Views: 1
Action by administratrix to recover damages for death of her intestate alleged to have been caused by the negligence of defendant.
Cause was tried before a jury and a general verdict was rendered in favor of the defendant.
It appears that John B. Hurd on January 27, 1918, was a police officer in the city and county of San Francisco, and while he was on duty on that day he was crushed between two c...
Views: 1
This is an action brought by the plaintiff to compel the transfer to him, on the books of defendant corporation, of 160 shares of its capital stock. The defendant Farnsworth filed with his answer a cross-complaint, alleging that the plaintiff converted the stock to his use, to Farnsworth's damage in the sum of $4,800. Judgment was entered in favor of the plaintiff, and Farnsworth appeals therefrom...
Views: 0
Action was brought to recover unpaid rent and possession of certain real property. Demurrer to complaint was sustained. Amended complaint was filed and defendants, Edward J. Pringle and Sydney J. Pringle, as executors of the last will and testament of William B. Pringle, deceased, moved to strike out the same. This motion was granted. Thereafter, before any further pleadings were filed, appellant ...
Views: 3
[1] It appears from the petition for the writ, as well as from the return thereto, that the minor, Esther Galvan Azhocar, is illegally restrained of her liberty. The petition filed in the juvenile court, upon which *Page 353
the order adjudging the minor to be a ward of that court was based, was insufficient to confer jurisdiction. It is ordered, therefore, that the minor be discharged....
Views: 0
Action was brought for damages alleged to have been sustained by plaintiff in connection with real estate trade through fraudulent representations of the defendant.
The case was tried before a jury upon the express stipulation of counsel that the jury sit in an advisory capacity and that the issues to be determined need not be specialized but that the form of the verdict might be general, that the...
Views: 0
This is an action for personal injuries. The plaintiff was given a verdict, and from the judgment thereupon entered the defendant appeals.
The point for which a reversal of the judgment is demanded is that the proximate cause of the accident by which the plaintiff received the injuries of which he complains was his contributory negligence. In this connection, we may with propriety consider the res...
Views: 3
Defendant was convicted of burglary in the first degree and the appeal is from the judgment and order denying his motion for a new trial. That defendant at night entered the store of Heusner Brothers, at Shingle Springs, El Dorado County, and took therefrom a large quantity of personal property is not disputed. He was apprehended therein about midnight with some of the property in his hands, many ...
Views: 2
Action to recover damages for wrongful conversion of personal property. The first count of the complaint is based upon the alleged wrongful action of the defendant, as constable, in seizing and holding and selling under execution certain personal property which was subject to a chattel mortgage in favor of the plaintiff, without compliance with the provisions of section 2969 of the Civil Code, whi...
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The plaintiff brought this action against William S. Bacon, W. F. James, and Frank P. Bacon, individually *Page 328
and as partners doing business under the firm name of Bacon
James, to recover a balance due for merchandise sold and delivered to the defendants. From a judgment rendered in favor of the plaintiff, the defendant, Frank P. Bacon, appeals.
On the twenty-eighth day of August, 1918, an...
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In this action damages are sought for an alleged interference by the defendant with the natural flow of the waters of the Santa Ana River.
There was served and filed a third amended complaint, to which a general demurrer was interposed and sustained *Page 327
without leave to amend. No judgment was given, made, or entered. The attempted appeal is from the order sustaining the demurrer.
[1] Such a...
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On the seventeenth day of August, 1916, the defendant executed and delivered to Hilda E. Throop two policies of insurance against loss resulting from *Page 323
bodily injuries to her effected directly and independently of all other causes, through accidental means (suicide or any attempt thereat, whether sane or insane, not covered); the beneficiary of said policies in the event of death thereund...
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These are appeals by the defendants in the several cases from identical orders vacating in each case a satisfaction of judgment theretofore entered in favor of the respective plaintiffs in the actions entitled as above. The orders were made upon the motion of the respondent Rauer, a stranger to the record. There are three cases, similar in all respects, consolidated by stipulation and tried togeth...
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The defendant in this case was convicted of a felony and sentenced to the state's prison at San Quentin. Thereafter, defendant having taken an appeal to this court, the judge of the trial court issued a certificate of probable cause. Thereafter the judge of the court below revoked his certificate of probable cause. Defendant thereupon applied to this court for a stay of execution of the sentence u...
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The plaintiff brought this action to recover the sum of $4,500, alleged to be due as the reasonable value of legal services rendered by plaintiff's intestate to the defendant, who is also an attorney at law, in connection with an action pending in the United States district court. The defendant admitted that the services were worth the sum of $200 and offered to pay that amount. The offer was decl...
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Action to have decreed null and void and to set aside a certain deed of conveyance on the grounds that the same was procured from the grantor by the grantee through imposition upon the former of misrepresentation and undue influence. Plaintiff was awarded judgment from which the defendants prosecute this appeal.
The second amended complaint alleges and the court finds: That plaintiff's intestate, ...
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This is an appeal from a judgment for extra work, in favor of plaintiff and against defendant, a municipal corporation.
The plaintiff and the city of Daly City, a municipal corporation, entered into a written contract for the construction of a water-pipe line for the city's water supply. The pipe-line was required to be laid, by the contract, plans, and *Page 623
specifications, in Mission road (...
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This action was brought by the plaintiff for the cancellation of a deed of conveyance of an undivided one-third interest in the real property described in the complaint which he had executed and delivered to the defendants Charles H. Bell and Mary E. Bell by reason of the alleged coercion and breach of confidence of said Charles H. Bell. He also prayed for the cancellation of a deed of trust exec...
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This is an original application for a writ of review to annul two orders of the superior court of Imperial County, made in the Matter of the Estate of M. Manoogian, Deceased, on, respectively, July 24, 1919, and March 3, 1920, and under which petitioner assumes that the special administrator claims authority for the payment by him of six thousand dollars, commission for the picking, packing, shipp...
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Defendant was informed against and, after trial, convicted by a jury of his peers of the crime of child-stealing, under section 278 of the Penal Code – the child being a female of the age of thirteen years – and sentenced to imprisonment in the state prison. A brief statement of the facts follows:
The child lived with her parents near Garden Grove, in Orange County, on and for some time prior to F...
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The plaintiff, claiming the right to do so, under the provisions of a contract of purchase and sale, took possession of a certain automobile, and brought this action against the defendants, seeking to be subrogated to the right of the defendant Pierce to perform a contract, entered into between the Greer-Robbins Co. and Pierce, to purchase the car. Judgment was for the defendants, and confirmed th...
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This is a proceeding in certiorari, having for its purpose the modification of an order of the Industrial Accident Commission whereby these petitioners, the parents of Lynn Popst, who died as the result of injuries sustained in the course of his employment, were awarded a certain amount as a death benefit under subdivision 2 of paragraph 3 of section 9 of the Workmen's Compensation, Insurance and ...
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The plaintiff seeks in this action to recover from the defendant the reasonable value of his services alleged to have been rendered under a written contract, entered into by the defendant, in the name of the J. D. Barnes Co., Inc. It is the theory of the plaintiff that the defendant assumed to act as an agent of the corporation, and entered into the contract in its name without believing, in good ...
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This is an original proceeding in mandate to require the superior court to set aside its order dismissing petitioner's appeal from a judgment adverse to it rendered in the justice's court in an action entitled Rinke v. San Francisco-OaklandTerminal Rys. etc., and to direct the lower court to proceed with the trial of the action. The petition as first filed was designated as one in certiorari. A de...
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The petitioners seek to prohibit the trial in the superior court of Sonoma County of a certain action, entitled F. R. Shriver and G. Schoff (a Copartnership), Plaintiffs,v. Floyd Colvin and A. Beeman, Defendants, and which, prior to the filing of the petition in this court, had been set for trial by respondents. To the petition so filed, respondents have interposed a demurrer and answer. The demur...
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Writ of review to determine the validity of an award made by the Industrial Accident Commission in favor of one Arthur H. Johnson and against the Pure Milk Dairy Company, a corporation, and its insurance carrier.
The Dairy Company, as a distributor of milk in the city of San Diego, operated five automobile delivery wagons and maintained a garage for their care and repair. Johnson was employed as f...
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Plaintiff brought this action to recover five thousand dollars, alleged to be due (less a small credit) as commissions, from defendant Holehan to Charles A. Turner Company, respondent, a five-twelfths interest in which had been assigned to the plaintiff. Because of the declination of Charles A. Turner Company to join as plaintiff, it was made a defendant. It subsequently filed a cross-complaint, c...
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This is an appeal from a judgment of conviction for petit larceny, on the ground of misconduct of the prosecuting officers.
The information charged defendant and another with the crime of grand larceny – the stealing of two sows and five pigs, of the value of seventy-five dollars. Graham demanded and was granted a separate trial. From the record before us it appears that four days were consumed an...
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By this proceeding petitioner seeks to review the action of the superior court of Riverside County. On August 19, 1919, a complaint was filed in that court naming John J. Wall as a defendant. [1] Summons was served on defendant Wall personally in Riverside County on April 28, 1920. On May 5, 1920, defendant Wall gave notice of his special appearance for the sole purpose of moving to quash the serv...
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This is an appeal from a judgment of dismissal following an order of the superior court sustaining, without leave to amend, defendant's demurrer to plaintiff's second amended complaint. The cause of action alleged is assault or rape alleged to have been committed by defendant upon plaintiff on the twenty-first day of October, 1916. *Page 557
The demurrer, which was sustained without leave to amen...
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The defendant was indicted by the grand jury of Sacramento County for the crime of attempting to escape from the state prison, at Polsom, in said county, he then being a prisoner confined in said prison for a term less than for life. (Pen. Code, sec. 106.) Ills trial upon said indictment resulted in a verdict of guilty, and he prosecutes this appeal from the judgment of conviction and the order r...
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This is an appeal from a judgment refusing oncertiorari to annul an order of the state board of medical examiners revoking petitioner's license to practice medicine in the state of California.
The proceedings before the board were taken under the provisions of the Medical Practice Act Stats. 1913, p. 722, c. 354; Stats. 1915, p. 184, c. 105, and also amended in 1917 [p. 93, c. 81] and 1919 [p. 129...
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Upon an information charging him therewith, defendant was convicted of rape, alleged to have been committed upon a female, a young girl of the age of fourteen years, who was not his wife. From the judgment and an order denying his motion for a new trial defendant appeals.
[1] It is urged that the trial court committed prejudicial error in permitting the district attorney, after he had concluded hi...
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This is an appeal from a judgment foreclosing the lien of plaintiff on defendant's property, for street work done under the provisions of the San Francisco Street Improvement Ordinance of 1913.
The appellant advances a great many points in support of his appeal. Many are without merit, and many have been previously passed upon. The points are poorly presented by E. M. Galvin, who styles himself as...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 526
Defendants appeal from a decree adjudging plaintiff to be the owner of three springs of flowing and living waters, situated on vacant public lands of the United States in Inyo County, known, collectively, as the "Chris Crohn Springs," and located about fo...
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Action to quiet title. Judgment in favor of the plaintiffs and an appeal therefrom by the defendant.
On the fifth day of May, 1876, Alfred Robinson, trustee, being at that time the owner of all of the land described in the complaint, executed a deed of grant to the Western Development Company, a corporation, conveying all of his right, title, and interest in a strip of land one hundred feet in wid...
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The action was for damage caused by trespassing sheep, and the judgment was for plaintiffs in the sum of $408. Appellant states that the only point raised by him is that the court erred in overruling his demurrer to the complaint, and his contention is "that the complaint does not state a cause of action because nowhere in said complaint is it alleged that the land upon which crops of the responde...
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This is an appeal by defendant from a judgment in favor of plaintiff foreclosing a lien against defendant's lot for a street work assessment. The street work was done and the assessment was levied under authority of the San Francisco Street Improvement Act of 1913, enacted pursuant to the provisions of the city charter. The lot involved was assessed for general taxation purposes for the fiscal yea...
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This is an original proceeding in mandamus. The petition alleges that on the 19th of May, 1920, the petitioner filed with respondent, as city clerk of the city of Oakland, a petition for the recall of a commissioner of said city containing something over 10,000 individual certificates, and that respondent, within the time prescribed by the municipal charter, examined said certificates, and, on the...
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The plaintiff corporation appeals from a judgment entered on the verdict of a jury for $3,984.32, upon a counterclaim set up by the defendant in a suit for the breach of certain contracts, the counterclaim being for the reasonable value of certain beans delivered by the defendant to the plaintiff under the contracts upon which the suit was brought. *Page 497
On October 23, 1916, the parties enter...
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The defendant was convicted by a jury in the superior court of the county of Sacramento under an information charging him with the crime of buying and receiving for his own gain certain stolen property, knowing the same to have been stolen. He appeals from the judgment of conviction and the order denying his motion for a new trial. [1] The appeal was placed on the calendar of the late (June, ...
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This is an appeal by plaintiff from the judgment entered upon an order sustaining a general demurrer to the amended complaint, without leave to amend, plaintiff conceding that no amendment could be made.
It is alleged in the amended complaint that the defendant, a corporation, was the owner of a thirty-two hundred acre ranch in the county of Santa Barbara, together with the improvements, stock, an...
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On May 26, 1916, plaintiff obtained an interlocutory decree of divorce against the defendant on the ground of cruelty and she was awarded the custody and control of Leon Lefebvre, who is now the age of six, except that the grandparents of said child and the defendant were to have his custody for a certain portion of the time. Thereafter a final decree was rendered and subsequent thereto both appel...
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Petitioner was arrested for a violation of section 636 of the Penal Code. He is charged with having had in his possession, in fish and game district No. 20, a net measuring more than six feet in its greatest breadth and which was not a dip net for taking fish to be used as bait only. He attacks the constitutionality of this code section, particularly in so far as it relates to fish and game distri...
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[1] The Industrial Accident Commission has served and filed an answer from which it appears that the findings of which petitioner complains are sufficiently supported by the evidence. Petitioner has neglected to file a reply to the answer, though the privilege of such a reply is accorded him by the rules promulgated by the supreme court (subd. 4, Rule XXVI, 183 Pac. viii).
Petition denied. *Page...
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This is an application for a writ of habeas corpus. The petition alleges, among other things, "that W. H. Holder is imprisoned, detained, confined and restrained of his liberty" by the sheriff of Los Angeles County "by virtue of an indictment charging him with embezzlement under section 506 ofthe Penal Code of the State of California, as amended in 1919,
a copy of which indictment is herewith atta...
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Petitioner was charged with operating an elevator without a license, in violation of an ordinance of the city of Los Angeles. He now seeks to be discharged from imprisonment following conviction and sentence, claiming the ordinance to be void. The ordinance in question provides for the creation of a board of mechanical engineers, to be appointed by the city council, and prescribes, among other ...
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In this action plaintiff sought a decree foreclosing a mechanic's lien for material furnished and labor *Page 454
performed under and pursuant to a contract made with defendant Pacific States Corporation as owner of a structure known and designated as the Merritt Building.
Judgment went for plaintiff, from which the defendant Pacific States Corporation appeals.
As appears from the contract attach...
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This is an appeal by the plaintiff from that portion of the judgment awarding to defendant a one-half interest in certain real property in Los Angeles. The action was brought for the purpose of quieting title to this property. Defendant answered claiming an interest in the property, as community property of herself and her former husband, Arthur L. Drew.
Defendant and Arthur L. Drew were married i...
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The proceeding is for mandate. The petitioner alleged that while exercising the functions of captain of inspectors of the bureau of criminal investigation of the police department of the city of Oakland, he was discharged by the written order of the respondent Morse on March 19, 1920. The address and signature being omitted, the order was as follows: "You are hereby discharged and removed from the...
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An alternative writ of mandate was issued out of this court on application of the petitioner requiring respondents, as members of the plumbers' examining board of Alameda County, to show cause why they should not order an examination of petitioner as to his competency under the statute of April 6, 1917 (Stats. 1917, p. 73), entitled "An act providing for the examination, certification and registra...
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Motion to dismiss appeal.
Plaintiff and respondent obtained judgment against the defendants in the superior court of Sacramento County for the sum of $1,250, or the restitution of a certain automobile, and also for the further sum of $62.40 damages and *Page 419
costs of suit. This judgment was entered on the fifteenth day of January, 1920. On January 29, 1920, defendants gave notice of motion to...
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This is an appeal by the plaintiffs from a judgment in favor of the defendant in an action for an accounting. *Page 413
Their principal contention in support of the appeal is that the findings of the court are unsupported by the evidence. The complaint set forth that the plaintiffs had entered into a copartnership or joint venture with the defendant's intestate, Richard Loynes, who died without a...
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This is an action based upon a bond and interest coupons of the Southern Pacific Railway Company. Judgment was rendered in favor of plaintiff and against defendant for the return of the bond and coupons, or their value in case delivery thereof could not be had. Defendant appeals from the judgment under the alternative method.
The bond in suit is one issued by the Southern Pacific Railroad Company,...
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In this action judgment in favor of the respondents was entered on December 3, 1915. On the twenty-fourth day of January, 1916, plaintiffs filed notice of appeal from the judgment. The clerk's transcript on appeal was filed on June 27, 1919, and it appears therein that on April 11, 1919, the plaintiffs by their attorney filed with the clerk of the superior court a notice requesting that a transcri...
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Defendant was convicted in the superior court of the county of San Joaquin of the crime of grand *Page 400
larceny in having stolen two head of cattle, the property of one Chris Wencelburger. [1] No appearance has been made for appellant in this court and our attention has not been called to any reason why the judgment should be reversed. We have, however, examined the record and find abundant ev...
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Defendant was convicted of robbery in the superior court of the county of Stanislaus in having taken by means of force and violence from the person of one L. R. Williams certain personal property. The appeal is from the judgment and order denying defendant’s motion for a new trial. The appeal has apparently been abandoned, as no appearance has been made for appellant in this court. [1] We have ...
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The plaintiff appeals from a judgment in a suit to have it determined that a remainder dependent on a life estate in Sarah Arnold, deceased, be annulled.
In the complaint the original plaintiff, Sarah Arnold, set up three causes of action. Her death occurred after the trial and the appellant as the executor of her will was substituted as plaintiff. The facts beyond dispute are that the plaintiff w...
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George E. Mills and Belle Haecker Mills, sued as junior encumbrancers, appeal from a judgment decreeing the foreclosure of a mortgage on real property and from an order made after judgment permitting the filing, nunc pro tunc, of a waiver of notice signed by the original mortgagors and called to the attention of the court before the amendment of the complaint in regard to which the appellants make...
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This is an action brought by plaintiff to quiet title to a certain tract of land in Kings County, California, particularly described as the northeast quarter of section 3, township 24 south, range 18 east, *Page 384
Mount Diablo base and meridian, and to have set aside and declared null and void a certain judgment entered in the superior court in Kings County on the tenth day of June, 1909, in th...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 365
The plaintiff seeks injunctive relief and damages against the defendants for the alleged wrongful interference with a water right to which plaintiff claims to be entitled and for damage already sustained by the plaintiff by reason of such interference.
Th...
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The defendant appeals from a judgment for $2,694 awarded as damages for negligence as an attorney in failing to prosecute diligently a mortgage foreclosure suit which was dismissed for lack of prosecution after the statute of limitations had expired on the mortgage debt. The case was tried once before and resulted in a judgment for the defendant. On the appeal of the plaintiff the supreme court re...
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[1] The petitioner applies for a writ of review to review the action of above-named respondents in making certain orders in the civil action in said superior court pending wherein one Mary W. Vignaut is plaintiff and the petitioner herein is defendant.
It appears from the certificate of the clerk of said superior court on file herein that the orders complained of have been vacated and, in conseque...
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This is an appeal by the defendants from a judgment rendered against them in an action *Page 352
brought by the surviving widow and children of Frank Henry Simmons to recover damages on account of the death of the said Frank Henry Simmons, who was struck and instantly killed by an automobile driven by one of the employees of the defendants. The court, sitting without a jury, awarded plaintiffs a ...
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This action was brought by plaintiff to recover damages for personal injuries claimed to have been sustained by her through the negligence of the defendant corporation while she was riding as a passenger on the street-car of said defendant corporation. The action was tried by a jury, and the court directed a verdict in favor of the defendant. Judgment was entered accordingly, from which plaintiff ...
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This is an appeal by plaintiffs from a judgment rendered in favor of the defendant San Francisco-Oakland Terminal Railways, a corporation, in an action brought by plaintiff, Tillie Frederick, and her husband, Frank Frederick, to recover damages for personal injuries claimed to have been sustained by Mrs. Frederick through the negligence of the defendants while she was riding as a passenger on the ...
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This is an appeal by the defendants, Laura J. E. Mills and Frederick J. Mills, from a judgment *Page 329
rendered in favor of the plaintiff, Mary A. Fritz, subrogating plaintiff to the rights of a mortgagee and awarding judgment against the defendants for the amount of the lien, with the usual decree of foreclosure and order of sale. This is the third appeal of this action and a recital of the hi...
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The petition is denied. [1] By his general appearance in the justice's and superior court petitioner waived his right to raise the question of jurisdiction.Holbrook v. Superior Court, 106 Cal. 589, [39 P. 936], does not aid him. That case was decided when section 890, subdivision 4, of the Code of Civil Procedure expressly provided that the objection that the action was brought in the wrong county...
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The action was brought to recover judgment: (1) That plaintiff is the owner and entitled to the possession of 30,000 shares of the capital stock of the defendant corporation, standing on the books of said corporation, on the twenty-third day of June, 1915, in the name of Dorothy A. Lawson, formerly Dorothy A. Burns; (2) That defendant be ordered and directed to cancel the certificate for said 30,0...
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Action to recover damages for a trespass alleged to have been committed by the defendant by wrongfully taking and removing from plaintiff's house the furniture of the plaintiff and all of his personal property therein. From the judgment entered in favor of the defendant, the plaintiff appeals.
[1] The court found that it was not true that the defendant wrongfully or at all removed from the plainti...
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This action, as shown by the complaint, was to recover damages for the defendant's alleged breach of a contract.
In accordance with the verdict of the jury which tried the case, judgment was entered for plaintiff, from which defendant appeals.
[1] On June 19, 1917, at which time plaintiff had in the ground a crop of potatoes then ready for harvesting, he and defendant entered into a written contra...
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as director-general of railroads, appeals from a judgment rendered against him and in favor of plaintiff for $1,078.32, the proceeds of a check belonging *306 to plaintiff and issued by the paymaster of the quartermaster’s department of the war department. The facts of the case found to be true by the trial court are: On September 18, 1917, one Lawrence entered into a contract with the United S...
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In this action a judgment was entered upon the verdict of a jury for $1,740.60 in favor of plaintiff, from which defendant appeals. Plaintiff sues for himself and as assignee of one Whiting, both of whom were owners of orange groves upon which, in the fall of 1917, there were crops of fruit ready for market. Defendant was a corporation engaged in the marketing of such fruit. The claims of plain...
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In this action of forcible entry and detainer, the plaintiff appeals from a judgment entered in favor of the defendant. The complaint alleged that on the twenty-third day of November, 1912, and for more than four years previous *299 thereto, plaintiff was in the peaceable and actual possession and entitled to the possession of the real property described in the complaint; that on the twenty-t...
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Defendant, on the judgment-roll alone, appeals from an adverse judgment. While this appeal was pending, the original plaintiff and respondent, John P. Clark, died, and the administrator of his estate, Arthur Anderson, was substituted in the suit. Notwithstanding this substitution, we shall, for convenience, refer to the original plaintiff, Clark, as the plaintiff in the action and the respondent o...
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In this action for personal injuries, sustained in an automobile accident while a passenger on one of defendant's auto buses, plaintiff recovered judgment for one thousand dollars, from which defendant appeals.
Defendant, a common carrier of passengers, runs auto stages or buses between Los Angeles and Bakersfield. Plaintiff was injured in a collision between one of defendant's auto buses and anot...
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Defendant appeals from a judgment in favor of plaintiffs for the sum of $4,603.50 and interest, damages alleged to have been suffered by the plaintiffs because of the failure and refusal of the defendant to accept and pay for eight head of registered jennets.
The defendant, Thornberry, a dealer in livestock, entered into an agreement in writing with the respondents and G. P. Thornburg for the sale...
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This is an appeal by the defendant from a judgment in an action for personal injuries, the cause having been tried by the court without a jury. *Page 268
On April 16, 1918, plaintiff, a woodcutter, employed by Lamoine Lumber Company, at Lamoine, was visiting in Redding. He went to Redding, he testified, to take a "couple of days' lay-off." At about 5 o'clock that evening he received a telegram re...
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This is an appeal from a judgment in favor of plaintiff in an action to recover upon a certain written agreement executed by the defendant whereby it undertook to guarantee the payment of certain bonds issued by the Monterey and Pacific Grove Railway Co., a corporation, upon which bonds default in payment had been made by said last-named corporation. The guaranty in question was indorsed upon each...
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Action to abate a nuisance under the provisions of the Red-light Abatement Act, [Stats. 1913, p. 20]. The court rendered judgment in favor of plaintiff, ordered *Page 259
the building closed for the period of one year, and directed the personal property located therein to be sold and applied as provided in the act.
Separate appeals were taken by Louie White, the proprietor of the place and owner ...
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This action was commenced under the Red-light Abatement Act [Stats. 1913, p. 20] against the owners and proprietors of a place in Seal Beach known as the Seal Cafe and Seal Inn.
The complaint alleges, and the court finds, that the premises were used for the purpose of lewdness, assignation, and prostitution, judgment was entered in favor of the plaintiff, and from that judgment this appeal is pros...
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The defendant J. W. Moore was convicted in the superior court of Mendocino County of the crime of obtaining property by false pretenses, and prosecutes this appeal from the judgment and order denying his motion for a new trial.
1. Appellant claims that the court erred in overruling his demurrer to the information, the objections to the information being that it is not direct and certain as to the ...
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The defendant was convicted of an assault with intent to commit rape, the prosecutrix being of the age of eleven years. The appeal is from the judgment and an order denying the motion for a new trial.
The first claim made by appellant is that the evidence is insufficient to support the verdict of the jury. With this contention we cannot agree. The mother of the prosecutrix *Page 239
conducted a r...
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The action is in ejectment to recover possession, together with the damages for use, of a strip of land which was formerly a part of a public street in the city of Los Angeles. The evidence fails to show any interest in the property on the part of T. A. Davis, and we shall, therefore, in the opinion, refer to Mary Cooper as the only plaintiff and appellant. According to the statement of her counse...
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This is an action to recover upon an oral contract for services in the sale of real estate – certain mining properties owned by the Boss Gold Mining Company, a corporation. Plaintiff recovered judgment for five thousand dollars, and defendant appeals.
Defendant, who was president of the Boss Gold Mining Company, the owner of the property, held and owned a little less than three-eighths of all the ...
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Plaintiff brought the action to recover as damages from defendant the difference between the agreed rental value of certain premises in the city of Los Angeles, belonging to defendant, under a so-called option agreement, and the reasonable rent of said premises for a period of two years. From a judgment that plaintiff take nothing by his action he prosecutes this appeal. *Page 214
There is before...
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This appeal is from a judgment in favor of the defendant in an action instituted by the plaintiffs for the purpose of having their promissory note and mortgage, in the hands of the defendant, so reformed as to express the amount actually due upon said note and to secure that amount.
The defendant was the holder of said note and mortgage by virtue of an assignment to her of the same from the origin...
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This is an appeal from an order denying defendant's motion for a change of place of trial *Page 205
from the city and county of San Francisco to the county of Los Angeles. The action is one for divorce, and was commenced on March 7, 1918. Summons was served on March 14, 1918. The motion for change of place of trial was heard and determined upon the affidavits of the parties.
[1] In defendant's af...
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Defendants appeal from a judgment entered against them. The action was brought upon an undertaking given by Wilson as principal and Layer and Schenck as sureties to indemnify the plaintiff, who was a constable, for a liability which might accrue against him. Wilson was plaintiff in a certain civil action, in which action he required the plaintiff as constable to attach an automobile, which automob...
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The defendant and cross-complainant, John Q. McClure, the holder of a mortgage, appeals from a decree of foreclosure given in several actions for the foreclosure of mechanics' liens. The actions were consolidated and tried as one action. The sole question is one of priority as between appellant, the holder of the mortgage, the defendant Young, who is the beneficiary under a trust deed, and the mec...
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This action was brought to recover on a promissory note. Defendant's defense of want of consideration was sustained by the trial judge, and the appeal is taken from the judgment which was entered in his favor.
Margaret E. Griswold was the sister of the defendant. Her first husband, Lumereau, died in the year 1909, and the promissory note in question was made on March 6, 1911, which was prior to th...
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This action was brought by plaintiff against his wife to quiet title to certain real property situate in the city of Long Beach in which the defendant claims a community interest. Judgment was for plaintiff, and defendant appeals.
In the year 1881, four years prior to the marriage of the parties, plaintiff purchased a farm in Kansas for five thousand dollars, paying two thousand five hundred dolla...
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This is an action for unlawful detainer, brought under subdivision 3 of section 1161 of the Code of Civil Procedure. Judgment passed for plaintiff, and defendant appeals.
The complaint, in the form usual in such actions, alleges a lease of the premises by plaintiff to defendant, under a written lease, for the term of three years and six months from and after October 1, 1916, at a monthly rental of...
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This is an action to quiet title. The plaintiff contends that the land, consisting of two lots with a dwelling-house thereon, situated in the city of Eureka, the title to which stood of record in the name of his deceased wife, Martha R. Potter, was community property and upon her death vested absolutely in him. The defendants claim under the will of the deceased wife. Judgment was entered for the ...
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Action to recover the sum of fifteen hundred dollars received by the defendant to and for *157 the use and benefit of the plaintiffs. Judgment in favor of the defendant, from which judgment the plaintiffs appeal. An amended complaint was filed at the time of the trial and by stipulation all of the allegations thereof were deemed to be denied. So far as pertinent to the questions presented her...
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This is an action to compel the specific performance of an agreement to convey real estate. At the commencement of the trial defendant objected to the introduction of any evidence upon the ground that the second amended complaint failed to state a cause of action. The objection was sustained, and plaintiffs having declined to amend, judgment was rendered in favor of the defendant, from which plain...
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The plaintiff brought this action to recover the sum of $5,750, alleged to be due on a promissory note executed and delivered to him by the defendant and E. A. Edmonds. Judgment was entered for the defendant. Motions were made for a new trial, and for the entering of a different judgment, on the ground that the facts found were not sufficient to support the conclusions of law. Both motions were de...
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The petitioner is charged in said superior court with the crime of driving a motor vehicle upon a public highway within the city of Sacramento while under the influence of intoxicating liquors. Said offense *Page 141
is made a felony or, in the discretion of the court, a high-grade misdemeanor, by section 17 of the Motor Vehicle Act. Section 20 of Ordinance No. 282 of said city prohibits the same...
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This is an action to recover damages for personal injuries alleged to have been caused by the negligence of defendant, a common carrier of passengers, while plaintiff was a passenger on one of its street railway cars. The case was tried by the court without a jury. Judgment passed for plaintiff and defendant appeals. The principal question involves the sufficiency of the finding upon the issue of ...
Views: 4
Plaintiff, insisting that the findings are not supported by the evidence, appeals from a judgment entered in favor of defendants.
The complaint sets forth three causes of action. By the first count it is alleged that in December, 1914, plaintiff sold, delivered, and installed in defendants' hotel, known as the Casa Blanca Hotel, certain described cooling-boxes for which defendants agreed to pay hi...
Views: 1
According to the complaint in this action, plaintiff secured a judgment in the sum of $4,777.88 for goods, wares, and merchandise sold and delivered by it to the Cat Canyon Oil Company, against that company, previous to the commencement of this action; that an execution was thereafter duly issued and returned by the sheriff satisfied to the extent of $1,937.65, and no more – leaving a balance of $...
Views: 1
The above-entitled cases were tried together before a jury. One is a suit against both defendants, for damages for personal injuries received by the plaintiff Bill Lampton, who sues by his general guardian, W. W. Lampton. The other is a suit by the father against the Bread Company alone, to recover money for doctor's bills, hospital expenses, and other expenditures, due to the injury.
The accident...
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From a judgment in favor of plaintiffs for the sum of $1,590 defendant prosecutes this appeal.
Plaintiffs were the owners of a tract of land, situated near Stockton, upon which, in the season of 1918, they had grown and harvested a crop of hay amounting to 330 tons. The hay was baled and was in one stack on the premises, each bale, with the exception of eighty tons, being tagged with the weight. O...
Views: 4
This is an appeal from a judgment of the superior court of Modoc County adjudging plaintiff to be the owner of a certain water right, reservoir site, and right of way described in the complaint, and also adjudging that a certain instrument in writing, executed by one Ed Ivory, Jr., to defendant and set out in the complaint, conveyed no right, title, or interest in said water right, reservoir site,...
Views: 0
Action to recover damages for alleged conversion by the defendant of five tons of fish, being the *Page 89
property of the plaintiff. Judgment in favor of the defendants, and the plaintiff appeals therefrom.
The court found that at the time of the alleged conversion the plaintiff was not the owner of nor was he entitled to the possession of the fish mentioned in the complaint; and that it was not...
Views: 0
Plaintiff brought this action against her husband alleging in her complaint that certain real property in the city of Los Angeles, purchased by her with her separate funds, was, without her consent and through the unauthorized act of the defendant, deeded to plaintiff and defendant, as joint tenants; that after the execution of the deed defendant assured plaintiff that his apparent interest in sai...
Views: 1
This is a suit in equity and was commenced by the state of California, through its attorney-general, by the filing of a complaint on the twenty-first day of November, 1914, for the purpose of obtaining a decree annuling a patent to certain state lands, the defendant having acquired title to said patent through certain mesne conveyances coming down from the original patentee. The patent in question...
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Plaintiff brought this action against a number of defendants, seeking to quiet its title to certain real property situate in the city of Manhattan Beach. The defendant, Chester A. Bell, filed a cross-complaint seeking a like decree, and judgment was entered in his favor. The plaintiff appeals. The question presented for determination is one arising between plaintiff and cross-defendant, Barber Asp...
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Plaintiff brings this action against the defendant to recover damages for personal injuries sustained while employed in the making of certain repairs on a building owned by defendant. The record discloses the fact that plaintiff was, at the time of.the trial, a man forty-two years of age, and a carpenter, with some ten or twelve years’ experience in that calling in the city of Los Angeles. That a...
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By this action plaintiff seeks specific performance of an agreement to deliver a certain Overland automobile, or the payment of the sum of $795, the value thereof, if delivery cannot be made, and general relief.
From the record we gather that defendants were the publishers of a newspaper called the "Brawley Star," at Brawley, Imperial County; that during a certain period – from May 13, 1916, to Ju...
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This is an appeal from a judgment in favor of the defendant in person and as executor of the will of Karl Theodore Schuppert, deceased, in an action by the plaintiff to quiet title to a certain piece of real estate against said defendant and said estate. The court granted a motion for nonsuit at the close of the plaintiff’s case, basing its action in doing so upon its conclusion from the plaintif...
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The appeal is from the judgment rendered in favor of plaintiff by the superior court of San Joaquin County. The defendant Bearce was indebted to plaintiff in the sum of $2,958.68, evidenced by his promissory *Page 48
note in that amount, dated April 22, 1916, bearing interest at the rate of seven per cent per annum. Said note required the "interest to be paid annually, and if not so paid as it be...
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Appeal from an order dissolving an attachment issued at the instance of the plaintiff.
[1] The action was brought in the superior court of the county of Los Angeles and the cause of action stated was upon liability created by a judgment, which judgment was entered against defendant in the state of Washington. Plaintiff, as a prerequisite to the issuance of the attachment, made her affidavit in whi...
Views: 1
This is an appeal by the plaintiff from an order refusing to change the place of trial. Plaintiff, theretofore adjudged to be an incompetent person, brought this action against his guardian and the other defendants, seeking to have the proceedings, whereby he was declared an incompetent, set aside as null and void, and praying for damages in the sum of twenty thousand dollars against defendants Ma...
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Appeal from a judgment of the superior court by the defendants, E. P. Bryan, L. T. Bradford, and H. H. Cotton, entered against them and in favor of the plaintiff, for the sum of $2,669.84. The complaint alleged facts which, if true, would support a rescission of the contract referred to therein, and a recovery of damages claimed, if proven. Demurrer to the complaint was interposed, general and spe...
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This action was instituted during the lifetime of one M. L. Willits, now deceased, through his guardian ad litem to have it determined that the defendants held certain real property which, it was alleged, had been purchased with funds belonging to the plaintiff, to have a trust thereon declared in his favor, and to also obtain an accounting for certain other moneys and property alleged to have bee...
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This is an action for an injunction against the defendants, praying that the latter be enjoined from using the name "San Diego Conservatory of Music," and from conducting business under that name "or using the same in any manner whatsoever," asking for damages and for general relief. The relief is sought on the ground of unfair dealing on the part of the defendants.
The complaint, in apt and prope...
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The plaintiff seeks to recover the sum of $4,362.43, claimed to be due and unpaid at the time of the commencement of this action, and the further sum of $300, *Page 292
claimed to have become due, owing, and unpaid "subsequent to the filing of the original complaint herein and the commencement of this action, and prior to the date of trial," by virtue of certain of the terms of a written instrume...
Views: 1
Plaintiff brought the action to quiet his title to certain lots in the town site of Howard, in the county of Los Angeles. Judgment was in favor of plaintiff for a portion of said lots and in favor of the intervener as to the balance thereof. Plaintiff prosecutes this appeal from that portion of the judgment which was in favor of the intervener, no question arising herein as to the other lots.
The ...
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The plaintiff brought this action to recover from the defendant $940 accrued rentals under a lease by plaintiff to defendant of a rooming-house in the city of Los Angeles. Defendant admitted the execution of the lease, and that the rental was unpaid, but denied liability, and sought to recover damages upon her counterclaim. The defense and cross-action is based upon the alleged fact that after the...
Views: 1
In an action in which the defendant Long Beach Improvement Company was plaintiff and John B. Mutch, the husband of plaintiff in this action, was defendant, the sheriff of the county of Los Angeles levied an attachment upon an automobile as the property of said John B. Mutch. The property was taken on attachment on February *Page 268
19, 1916. Subsequently the plaintiff here claimed to be the owne...
Views: 2
This is an appeal from a judgment in favor of the defendants in an action to quiet title. The facts of the case are undisputed and are briefly these: Michael Hughes was in his lifetime the owner of the premises in question. He had a son, William I. Hughes, who was the father of the plaintiffs herein, and a daughter, Alice Scott, who is one of the defendants, and he left surviving him his widow, An...
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This is an application for a writ of habeas corpus. It appears from the statement of the facts accompanying the petition that one J. H. Anderson labored as a dredgerman for the Dutton Dredging Company from 12 o'clock noon on April 30th until about 7 A. M. on the seventh day of May. His working hours were so disposed that he worked twenty-four hours in each three days, not working, however, the sam...
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The respondent demurs generally to the petition on which an alternative writ of mandate was issued. The facts are not subject to controversy. A single question of law is involved.
[1] Under the Improvement Act of 1911, [Stats. 1911, p. 730], the assignors of the petitioner under public contract performed certain street work in the city of Oakland. In due course assessment was made on the property ...
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Action to recover damages for breach of contract to render personal services. Defendant denied that he entered into the alleged contract; also denied the alleged breach of contract, and denied that plaintiff was damaged thereby. There were further issues, including those presented by cross-complaint and the answer thereto. After entry of judgment against defendant for a stated amount, the defendan...
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This is an application by petitioner for a writ ofcertiorari to above-named respondents to review the action of said respondents as trustees of Turlock Union High School District in changing the site of the high school from its former position in said city to another about one mile distant. It is contended by petitioner that the trustees exceeded their powers in ordering the change. Although the r...
Views: 0
Appeal from a judgment entered in favor of the plaintiff upon an alleged cause of action for damages arising because of defendant's failure to perform the obligations imposed by written contract.
The case went to judgment after answer and trial. The only contention made by appellant, however, is that the court erred in overruling his demurrer, which was interposed to the complaint of plaintiff. It...
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Appeal by defendant. Plaintiff was awarded judgment in the sum of five hundred dollars as damages which he alleged he had suffered because of the burning of a lot of hay. The burning of the hay was caused by fire which originated on a pole belonging to the defendant corporation, which pole held wires carrying high voltage of electricity. Fire was communicated from the pole to some dry grass and sp...
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The petitioner, wife of William Lawrence Dolan, joined as one of the respondents here, was granted an interlocutory decree of divorce on the ground of extreme cruelty. By the decree certain provision was made for the maintenance of four minor children and certain community property was set aside to the wife. The decree also determined that other real property, the title to which it is averred stoo...
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Plaintiff sued to recover seventy-five per cent of certain fines imposed upon defendants in the police court of the city of San Bernardino after conviction of violations of the state Poison Act. Judgment was entered agreeable to the prayer of the complaint and defendant appealed therefrom. The appeal is presented on the judgment-roll.
[1] The main contention of appellant is that by reason of provi...
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After the plaintiffs herein had caused judgment by default to be entered against the defendants, defendants presented a motion to set aside the same and to be allowed to file an answer. The motion was granted. Plaintiffs appeal from the order.
[1] The main point presented is as to the sufficiency of the notice as given by the defendants of their motion to set aside the default and the judgment ent...
Views: 0
On the seventeenth day of March, 1920, an indictment was returned in the superior court of the state of California, in and for the county of Sacramento, charging the petitioner with the crime of perjury, alleged to have been committed by said petitioner in said court on or about the twelfth day of January, 1920, upon his examination on voir dire as to his competency to *Page 229
serve as a juror ...
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Defendant appeals from a judgment of conviction had upon an information wherein he was charged specifically with the commission of the crime of burglary in the first degree.
The subject of the theft was a quantity of liquor, consisting of wine and whisky contained in bottles and demijohns, taken from the wine cellar, the door of which was locked, which cellar was situated in the basement of a resi...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 218
The plaintiffs, children and only heirs at law of Vandoren Stoner, claiming to be the owners of a certain note and mortgage, executed to the decedent during his lifetime, brought this action to recover the same from the defendants, and for certain sums of...
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Plaintiff brought this action to recover damages for the alleged breach of contract in and by which it was claimed that defendant agreed to sell to it eighty thousand pounds of recleaned pink beans at the price of $6.35 per hundred pounds F. O. B. Stockton, California. After trial the court found that the contract was executed, as alleged in the complaint, and that the defendant neglected and refu...
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Plaintiff recovered judgment against defendant by default upon a complaint for separate maintenance charging him with adultery. The judgment awarded plaintiff the sum of seventy-five dollars per month for her support and maintenance in accordance with the allegations of the complaint, and in addition thereto allowed *Page 209
her the sum of one hundred dollars as attorney's fees in said action an...
Views: 0
Application for a writ of habeas corpus upon the ground that the petitioner is held *Page 206
to answer upon a criminal charge without probable cause. He is charged with obtaining sheep worth about sixteen thousand dollars upon the false pretense that, at the time of so doing, he had six thousand dollars on deposit in a certain bank. The petitioner denies making such a pretense, but admits that a...
Views: 1
The petitioner, as the special administrator of the estate of Frank H. Gould, deceased, seeks by prohibition to prevent the superior court and the Honorable E. P. Shortall, one of its judges in San Francisco, from setting aside a final decree of divorce entered after the death of petitioner's intestate.
In his lifetime Frank H. Gould was the husband of Nettie Gould. There was one child of the marr...
Views: 9
The action was brought to compel the defendant to refund taxes assessed and collected on a wharf and two warehouses constructed by plaintiff on certain lands at San Pedro, owned by the state of California, and leased to the plaintiff. The case, in some general respects, is similar to that by the same plaintiff against the city of Los Angeles ([Cal.App.],193 P. 137), and we shall not repeat the fac...
Views: 4
Petitioner instituted this proceeding in certiorari to review the. order of the Industrial Accident Commission fixing his compensation, after rehearing, for legal services rendered to an applicant for compensatiou *191 under the provisions of the Workmen’s Compensation Insurance and Safety Act. [1] It appears from the record that the applicant, having been injured while in the course of h...
Views: 1
In this case the defendants, John E. Matot and Mary E. Matot, husband and wife, had executed to the *Page 185
plaintiff their promissory note secured by mortgage upon certain real property. Thereafter, and before the maturity of the note, the defendant Mary E. Matot declared and filed a homestead on the property in conformity with section 1263 of the Civil Code, for the benefit of herself and fam...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 178
Defendant appeals from the judgment granting her husband, the plaintiff, a decree of divorce. She also appeals from the order of the court denying her motion for a new trial. The latter appeal was unauthorized and is dismissed. (Code Civ. Proc., sec. 963....
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This is an appeal from an order directing the appellant to pay to his wife, the respondent, $343 as costs and counsel fees, on appeal in a divorce action, in which judgment was entered in favor of the plaintiff, and from which judgment the respondent here appealed.
The complaint is on the ground of extreme cruelty. The defendant answered denying the allegations of cruelty, and *Page 174
filed a c...
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This is an appeal by defendant R. H. Raphael from a judgment in favor of plaintiff establishing
*169
a first lien in plaintiff upon certain automobile material, and decreeing foreclosure thereof to satisfy' plaintiff’s claim.
The facts material to the opinion are that o.n the twenty-fifth day of July, 1916, the Merchants Finance Company, a corporation, loaned to the Beardsley ...
Views: 0
This is an appeal by the defendant from a judgment for fifteen hundred dollars for the alienation of the affections of plaintiff’s wife. The only points raised on the appeal are upon the rulings of the court in the admission of evidence. [1] Exception is taken to the introduction of certain letters written by the defendant to plaintiff’s wife, a number of which were intercepted by the husband...
Views: 1
This is an action to quiet title. The complaint is in the usual form. The answer of the defendant Emma A. Burkhard is a general denial of the material allegations of the complaint. By way of further defense she sets up an alleged declaration of homestead, made, executed, and recorded by her in the year 1912, covering the property involved in this action – which declaration contains recitations tha...
Views: 3
The plaintiff, as the executrix of the estate of Samuel M. Ricker, deceased, brought this action against the defendants as the members of a copartnership engaged in the practice of law, and who had been employed by her as such to advise and assist her in the probate of the will of the deceased and the administration of his estate, to recover the sum of two thousand dollars.
The complaint contained...
Views: 0
This is a petition for a writ of review, by which the petitioner seeks to have an order of the superior court of Mendocino County, adjudging him guilty of contempt of court, annulled and set aside.
The material facts of the matter may be briefly stated as follows: On the twenty-eighth day of October, 1918, in an action then pending in the said superior court of Mendocino County, entitled Phil Lobr...
Views: 0
This is an appeal by defendant from a judgment, following a verdict, entered against him in favor of plaintiff in a joint action for malicious prosecution and slander. The complaint contained four causes of action, three for malicious prosecution growing out of the arrest and trial of the plaintiff upon a charge of embezzlement and the fourth for slander growing out of statements alleged to have b...
Views: 1
In this action plaintiff sued for the reasonable value of legal services alleged to have been performed for defendant at his special instance and request.
The case was tried by a jury, which gave a verdict in favor of plaintiff for eleven hundred dollars. Judgment followed accordingly, from which defendant appeals, presenting in lieu of a bill of exceptions a typewritten record as provided in sect...
Views: 2
By this action plaintiff seeks to recover $2,354.92 from the defendants, executors of the estate of Edwin Ferris, deceased, for work, labor, and services performed and supplies furnished to said Ferris, at his special instance.
The answer of defendants to plaintiff's third amended complaint, after admitting formal parts only, denied each and every material allegation thereof, and set up an alleged...
Views: 0
This is an action by a California corporation to cancel an issue of certain of its shares of treasury stock – shares that it had issued to the four defendants, Lindsay, Corbaley, Maescher, and McKinney, in exchange for certain shares that they owned of the capital stock of the State Investment Company. The theory of *Page 132
the complaint is that the issue of plaintiff's stock in exchange for st...
Views: 2
This is an appeal from an order of the superior court of the county of San Diego, sitting as a juvenile court, declaring Guadalupe and Elvira Gutierrez, minors, to be wards of said court, and taking them from the custody and control of their father, Tomas Gutierrez, appellant herein.
[1] The only averment upon which jurisdiction could be maintained to declare these minors wards of the court is *Pa...
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This is an application for a writ of prohibition to restrain respondents from proceeding further with certain orders and proposed orders in a divorce action wherein one Mary Louise Searcy is the plaintiff and above-named petitioner is defendant. Said superior court on the ninth day of January, 1920, on due proceedings had in that behalf, made and entered its final order changing the place of trial...
Views: 6
The defendant and appellant was convicted before a jury in the superior court of the county of San Diego of murder in the first degree.
The circumstances leading up to the tragedy were substantially as follows: The defendant and his wife, on the morning of May 17, 1919, were in the kitchen of their house on the outskirts of the village of La Mesa. Just across the street lived a family by the name ...
Views: 2
This is an appeal by the defendants from a judgment awarding plaintiff damages for the destruction by fire of certain grain belonging to him, caused through the negligence of the defendants. The case was tried before the court without a jury. It was stipulated that if judgment went against one of the defendants, it might be entered against both of them. At the conclusion of plaintiff's case, the d...
Views: 1
The petitioner is seeking under this writ to secure his discharge from the custody of the sheriff of Los Angeles County. The sheriff justifies the detention of petitioner under an order of arrest issued by the superior court of Los Angeles county by virtue of the provisions of section 479 of the Code of Civil Procedure for arrest and bail in civil actions.
It is contended by petitioner that the af...
Views: 2
This is an appeal by the plaintiff from a judgment against it rendered in an action for conversion *Page 104
of a carload of eggs. When the action was first tried judgment was rendered for the plaintiff, from which judgment the defendant appealed. Upon the appeal the judgment was reversed. The decision upon the first appeal is reported in volume33 Cal.App. 414, [165 P. 553]. The case was then ret...
Views: 0
This action was brought to recover an alleged balance of $313.30 on a promissory note for $2,675, and to foreclose a chattel mortgage securing the same. Defendant by his answer pleaded payment of the note in full, and by cross-complaint seeks to recover from plaintiff the sum of $546, which defendant claims to have paid by mistake, in excess of his indebtedness on the transaction. The judgment was...
Views: 2
In this action plaintiff sought a divorce from the defendant on two grounds – cruelty and desertion. *Page 91
Defendant by her answer denied the material allegations of the complaint.
Defendant also served and filed a cross-complaint, in which it is alleged, among other things, that for a long time after the marriage of the parties hereto they lived together in Boston, Massachusetts, during which...
Views: 1
This is an action brought by plaintiff against defendant as executor of the estate of Benjamin Lezer Liveson, deceased, on a "rejected claim," evidenced by a check given to plaintiff by the deceased on February 28, 1916, in the sum of four thousand dollars, and intended as a gift to plaintiff.
From the record it appears that on March 2, 1916, the plaintiff deposited the check in question with the ...
Views: 0
The superintendent of banks of California, on behalf of the Kern Valley Bank, an insolvent corporation, obtained a judgment against the above-named defendants, severally, in amounts aggregating eighty-five thousand dollars, from which all of said defendants appeal except the defendant Sarah L. Conner, the executrix of the last will of C. L. Conner, deceased. The action is based upon a promissory n...
Views: 4
In this action plaintiff sought a decree adjudging it to be the owner of ten shares of stock in the Dunsmore Canyon Water Company and an order requiring said company to issue to it a certificate for the same.
The Dunsmore Canyon Water Company, together with Mrs. John Leenhouts and her husband, who were made parties defendant, suffered default. Defendant Garland filed an answer, and the result of t...
Views: 0
This was an action upon an insurance policy issued by the defendant to plaintiff on September 23, 1916, covering certain auto supplies and sundries of *Page 64
merchandise belonging to the plaintiff, and being at the time of their destruction by fire in the plaintiff's building at the northeast corner of Flower and Twelfth Streets, in the city of Los Angeles. The policy in question was a Californ...
Views: 0
This is a joint appeal from a judgment in favor of the plaintiffs in three consolidated cases brought to foreclose their several liens for services and materials furnished to the contractor under a written contract for the construction of a building on the lands of the defendants Grabstein, the owners, and to recover deficiency judgments against the contractor and the sureties upon his bond. Judgm...
Views: 1
Plaintiff brought this action, alleging that the defendants so negligently constructed, and maintained, a bridge over a waterway, or "wash," extending from the San Dimas Canyon, in the Sierra Madre Mountains, that during an unusually heavy rainfall, in the months of January and February, 1914, large quantities of trees, rocks, orchard cuttings, railroad ties, planks, and other debris were carried ...
Views: 1
From a judgment in favor of the defendants the plaintiff appeals. The suit was for damages and for injunction to prevent interference with certain irrigating ditches and the flow of water over the defendants' land for which the plaintiff claimed an easement.
The court found that prior to 1885 the predecessors of both the plaintiff and defendants owned in one body the lands now owned by them severa...
Views: 11
This action was instituted by the plaintiff to recover from the defendant the sum of $2,576.25, damages alleged to have been sustained by the plaintiff in *Page 45
connection with the shipment of a carload of cherries from San Jose, California, to Boston, Massachusetts, during the month of June, 1913, and which were consigned by the plaintiff to a corporation known as California Fruit Distributor...
Views: 3
The appeal in this action is prosecuted by defendants H. H. Goldschmidt and Goldschmidt Bros. from an order made by the superior court in and for the county of Los Angeles, on August 7, 1917, denying a motion made by said defendants to discharge an attachment theretofore levied upon certain personal property belonging to them.
The complaint was filed on the twentieth day of June, 1917, against the...
Views: 1
This is an appeal from a judgment in the plaintiff's favor in a proceeding wherein he sought and obtained a writ of mandate requiring the defendants, as the board of police commissioners of the city and county of San Francisco, to restore said plaintiff to the position of a police officer of and in the police department of the said municipality, and also to restore the plaintiff to the pension-rol...
Views: 7
Action in claim and delivery for the recovery of possession of a certain automobile or its value, which latter was alleged in the complaint to be the sum of $850, together with damages. Defendants had judgment, from which plaintiff has appealed.
In addition to determining that the plaintiff was neither the owner nor entitled to the possession of the automobile in question, the trial court found th...
Views: 0
Plaintiff appeals from a judgment rendered against her in an action to quiet title to real property in Kern County. The defenses relied upon by defendants were that title had been acquired, first, by tax deed to L. Cohn in August, 1904; and, second, by adverse possession under color of title. On the trial it was stipulated that plaintiff was the owner and in possession of the property at the time ...
Views: 2
This is an appeal by defendants from a judgment quieting title in plaintiff in and to certain tracts of land situate in Riverside County. The complaint alleges ownership in plaintiff, and further alleges that the *Page 17
defendant Frank P. Wilson, as sheriff of Riverside County, levied an execution on said property, issued in an action wherein Alvina Valencia, one of the defendants herein, obtai...
Views: 10
This is an appeal by plaintiff from a judgment entered in favor of defendants in an action brought by plaintiff as special administrator of the estate of William A. Smith, deceased, to set aside two deeds, executed by deceased to defendants, upon the grounds of undue influence and mental incompetency. The defendants, besides denying the two principal charges, pleaded in bar of plaintiff's recovery...
Views: 1
This is an appeal by defendants from a judgment rendered in plaintiff's favor for the sum of $892.01, in an action instituted by plaintiff against the representatives of the estate of James W. Minturn, deceased, for the purpose of establishing the validity of a rejected claim presented against said estate by plaintiff for a balance claimed to be due upon a mutual, open, and current account. *Page ...
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[1] The above-entitled cause presents the same issues as those involved in Fraser v. Cummings, ante, p. 504, [192 P. 100], and for the reasons therein given the petition is denied and the alternative writ discharged.
*Page 1 ...
Views: 0
[1] The above-entitled cause presents the same issues as those involved in Fraser v. Cummings, ante, p. 504, [192 P. 100], and for the reasons therein given the petition is denied and the alternative writ discharged....
Views: 0
[1] The facts in this proceeding are in all material aspects the same as in the Matter of Marincovich,ante, p. 474, [192 P. 156]. For the reasons there given, petitioner is remanded and the writ discharged....
Views: 0
By one count of the complaint in this action plaintiff alleged that he loaned to defendant the sum of $900, which defendant agreed to repay on demand; that notwithstanding demand made therefor, defendant has refused to pay the same and the whole thereof remains unpaid. The second count of the complaint states a cause of action for wages alleged to be due from defendant to plaintiff for services re...
Views: 0
This is an action brought to abate a nuisance under the Red-light Abatement Act (Stats. 1913, p. 20).
It is alleged in the complaint that defendant Joseph Ingersoll was the owner, and the reputed owner, of the premises known and described as the Chambers Hotel, in the city and county of San Bernardino; that the defendant Mrs. F. McCaddon "was and now is" in possession of the said premises; that di...
Views: 3
This appeal from a judgment in favor of the defendant is taken on the judgment-roll. The basis of the action was a check for four thousand dollars, drawn on the defendant bank by one B. L. Liveson on February 28, 1917, payable to the plaintiff, and intended as a gift to him of the amount mentioned. On March 2, 1917, plaintiff deposited this check in his bank at Long Beach, and on the following day...
Views: 0
This is an action to quiet title (1) to a three-fourths interest in a certain mining claim alleged to be owned by the plaintiff E. S. Roberts, and (2) to all the "surface rights" of such mining claim, alleged to be owned by the plaintiff Jeal. The lower court found for the plaintiffs, and judgment was accordingly entered against all the defendants. From the judgment defendant F. J. Abbott alone ap...
Views: 7
The defendant was prosecuted for murder, convicted of manslaughter, and sentenced to imprisonment in the state prison. Upon the trial the killing was admitted, but defendant attempted to justify it on the ground of self-defense. *Page 777
The only ground for reversal presented by defendant on appeal is that the court committed prejudicial error in excluding certain testimony relative to the bad r...
Views: 5
Defendant, as charged in an indictment, was convicted of the crime of attempted robbery, and prosecutes this appeal from the judgment thereon pronounced against him.
[1] On the afternoon of October 2d, four men, all of whom were armed, entered the First National Bank of Hynes and attempted to rob the same. One of them, Dave Curry by name, was captured while engaged in the felonious act. On the fol...
Views: 14
Plaintiff appeals from a decree whereby she was denied a divorce from her husband, the defendant. *772 In her complaint, among other things, plaintiff alleged “that 'during the latter part of February, 1916, the said defendant willfully and without reasonable or just cause, assaulted and struck this plaintiff, and assaulted and struck a daughter of this plaintiff, and abused the said plaintiff,...
Views: 2
On the petition of her attorney, a writ of habeas corpus in this matter was made returnable to this court. The petition, which was lengthy, and need not be set forth, was based upon the alleged facts that Evelyn Travers was imprisoned by the health officer of the city and county of San Francisco, in a certain ward of the city and county hospital, on the pretense that she was infected with a cer...
Views: 3
The plaintiff appeals from a judgment entered upon an order sustaining without leave to amend a general demurrer to the second amended complaint for damages for the alleged negligence of the defendants as joint tort-feasors which resulted in the death of the plaintiff's wife. The complaint was in two counts. On January 7, 1918, at about 3 o'clock in the afternoon, Mrs. Hamilton was a passenger for...
Views: 0
The petitioner seeks by mandamus to require the board of trustees of the police relief and pension fund of the city and county of San Francisco to allow his demand for an amount of money in excess of that to which it is conceded he is entitled. The defendants demur generally to the sufficiency of the petition. A single question of law is presented and it is determinative of the petitioner's right....
Views: 7
This is an action to recover damages for an alleged breach of contract to deliver fruit. The case was tried without a jury, findings and judgment went for defendant, and plaintiff appeals. *Page 749
The action was originally commenced by the Southern California Canning Company, for which corporation plaintiff here was, by proper order, substituted, the former's rights having passed to the latter....
Views: 3
Appeal from a judgment entered in favor of defendant – respondent.
Respondent's intestate (one Smith) during his lifetime became the owner and possessed of three certain policies issued by a life insurance company. By the terms of these policies the insurer agreed to make certain endowment payments in the event the insured lived to a certain age, and, in the event of his death, contracted to pay a...
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A proceeding for the disbarment of appellant as an attorney at law was instituted in the superior court by the Los Angeles Bar Association. The trial thereof resulted in an order made suspending him from practicing his profession. On appeal therefrom the judgment was reversed (Matter of Kling, 44 Cal. App. 267, [186 P. 152]) upon the ground that the same was not warranted by the evidence. Upon the...
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The defendant was by information charged with and by the jury convicted of the crime of grand larceny in the superior court of Sacramento County, and appeals from the judgment and the order denying him a new trial.
The specific charge stated in the information is that the defendant stole the sum of $480 from one John Glavich, in the city of Sacramento, on the twenty-ninth day of December, 1919.
[1...
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Action to condemn lands for warehouse purposes. Judgment was entered in favor of the plaintiff. The defendants Outer Harbor Dock Wharf Company and A. S. Koyer appeal therefrom and from an order denying their motion for a new trial.
Appellants rely upon numerous alleged errors of the court in rulings upon evidence offered and in the manner of conduct of the trial by the judge before whom the case ...
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brought this suit for the purpose of securing a divorce. Service of summons was had by publication thereof, and the default of the defendant was duly entered. [1] The case came on for hearing and the plaintiff failed to produce sufficient evidence corroborating his testimony, and the court made findings and judgment denying the decree sought. Several months thereafter plaintiff appeared and mov...
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Both plaintiff and defendant appear as appellants in this action, neither being satisfied with the order made in the superior court.
On the twenty-fifth day of October, 1915, plaintiff obtained judgment against the defendant for a considerable sum of money. On the third day of June, 1919, plaintiff assigned this judgment to one Cohn. On January 9, 1917, in an action brought against the plaintiff a...
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This is an appeal from a judgment of conviction and sentence to life imprisonment by the superior court for the county of Fresno, on a plea of guilty upon a charge of murder. The information was filed March 27, 1917. On April 9, 1917, the defendant was arraigned on the charge and pleaded "not guilty." On May 3, 1917, "the defendant by his counsel asks and is granted leave to withdraw his plea here...
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This is an appeal by the defendant from a judgment against him in an action for the agreed price of certain machinery and labor to install the same. The action is based upon a written contract which is set out in the complaint. This contract calls for goods to be shipped to Chowchilla Creamery, Chowchilla, California, at a price of $1,775. It also contains an agreement to pay “six dollars per day...
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This is an appeal from an order sustaining the demurrer of the defendant Mrs. C. F. McCarthy to the third, fourth, fifth, and sixth causes of action set up in the second amended complaint, and from an order granting her motion for a nonsuit, and from an order of dismissal as to the defendant C. F. McCarthy, her husband.
The action was one to recover for domestic services rendered in the household ...
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Defendant was convicted of the crime of assault with intent to commit rape and appeals from the judgment of imprisonment entered against him, and from an order denying his motion for a new trial.
The information charged an attempt by force to commit the crime against a female person not the wife of the defendant. The evidence showed that the prosecutrix was a child of the age of eleven years, but ...
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Defendant was convicted, as charged, of the crime of rape, alleged to have been committed about August 13, 1919, upon a girl of the age of thirteen years.
He appeals from the judgment and an order denying his motion for a new trial.
While defendant raises no question as to the sufficiency of the evidence produced in support of the verdict, he insists that the judgment should be reversed on account...
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The plaintiff's intestate, her husband, Edward Blackwell, was seriously injured in a head-on collision *Page 683
between an automobile, owned by the American Film Company, and one owned and operated by the defendant United Stages. Both defendants denied any liability in the premises and alleged the negligent operation of the automobile of its codefendant, as the proximate cause of the accident. I...
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This is an appeal from a judgment for the plaintiff for $1,261 and interest in an action to recover from Josephine Duffet, one of the defendants, the net amount which she had received from the sale of certain real property which had been transferred to her without consideration by her husband, at a time when it is alleged he was indebted to the plaintiff company and at a time when he was insolvent...
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This is an appeal by the plaintiff from a judgment denying him a divorce from the defendant and granting to said defendant a decree of separate maintenance from the plaintiff and an allowance for her support and the support of her minor child.
Plaintiff filed an action for divorce from the defendant upon the ground of extreme cruelty and also upon the ground of desertion. The specific acts of crue...
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The defendant appeals from a judgment against him for $1,250. He presents a single question *666 of law in support of the appeal, based on an objection to the admission of evidence over the objection that it was an attempt .to change the terms of a written contract by parol in contravention of section 1698 of the Civil Code. The respondent maintains that the section has no application to the fa...
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The appellant, who was convicted of arson, appeals from the judgment and from the order denying his motion for a new trial. It is conceded that the fire was of incendiary origin and that the appellant had an opportunity to commit the crime. Because of the circumstantial character of the evidence, the appellant contends the verdict should have been set aside on the ground that the possibility of th...
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This is an appeal by the plaintiff from a judgment against it in an action for damages for failure to deliver to plaintiff a quantity of pasteboard cartons in accordance with an alleged contract between the parties. The plaintiff is a corporation engaged in the manufacture and sale of a certain washing-powder packed in pasteboard cartons of different sizes. The defendant is a corporation engaged i...
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Defendant was convicted of the crime of rape and appeals from the judgment and order denying his motion for a new trial.
The prosecutrix, a girl about thirteen years of age, was a schoolmate of defendant's daughter, and was in the habit of visiting his home for some months prior to the commission of the offense. On several occasions defendant asked the girl to submit to his desires, but she repeat...
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This is an appeal from a judgment in favor of plaintiff quieting title against defendants to a strip of land in Humboldt County, acquired by the county in the year 1880, for the purpose of a public road and ferry crossing over Eel River.
The land in question was deeded in 1880 to the county by defendant Van Duzer's predecessor, George H. Singley, for a money consideration, by an ordinary grant dee...
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This is an appeal hy the defendants from a judgment in favor of the plaintiff for the sum of $1,384, the value of a pump, installed on the defendants’ ranch, pursuant to a contract for the purchase of the same, and for services and accessories in connection with its operation. The defendants denied any indebtedness to the plaintiff and alleged that, by reason of the poor quality of the material...
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In this case, at the conclusion of the hearing of the testimony on behalf of the plaintiff, the court granted a motion for judgment of nonsuit as to Crenshaw Security Company. At the conclusion of all the evidence the court directed the jury to find a verdict in favor of *782 the defendant G. L. Crenshaw. The cause was not tried as to the defendant Brent Investment Company, that defendant appar...
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This is an action brought to recover judgment against the defendant on a promissory note alleged to *Page 775
have been made, executed, and delivered by the defendant on the twenty-fifth day of September, 1907, to the Duquesne Brewing Company, a corporation, for the sum of ten thousand dollars, subsequently delivered as collateral security to the Fidelity Investment Company, and by further transf...
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Action to recover an unpaid balance alleged to be due on the sale by plaintiff to the defendant of a crop of oranges. Judgment in favor of the plaintiff, from which the defendant appeals.
[1] In a written agreement, of date April 20, 1916, it was stated that the plaintiff "has this day sold" to the defendant his entire crop of oranges, now on the trees growing on his ranch at Lindsay, California, ...
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This is an action against the defendant street railway company, and its motorman, S. Serpico, for damages resulting from the death of plaintiff's minor son, Andrew Ross.
It is charged in the complaint that at the time he was killed, Andrew Ross, a boy of ...
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Action to recover for loss incurred by fire and covered by a fire insurance policy issued to the plaintiff by the defendant. Judgment in favor of the plaintiff, from which the defendant appeals.
[1] It was provided in the policy that "this company shall be deemed to have assented to the amount of loss claimed by the insured in his preliminary proof of loss, unless within twenty days after the rece...
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The clerk’s and reporter’s transcripts in this case were filed in this court on December 27, 1919. The case was regularly placed on the April, 1920, calendar and, when called, counsel for appellants requested and were granted thirty days’ time in which to file an opening brief. Such time having expired without the filing of a brief and no extension of time having been requested or granted, the ca...
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This is an appeal from a judgment, or order, of the trial court refusing to restore a lost or destroyed record, in conformity with appellant's application for restoration of the records in the case of Eva F. Denny v. Orion O. Denny, a divorce action instituted by the appellant against her husband, since deceased, in 1884, the record of which was destroyed in the conflagration of April 18, 1906. Th...
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The action was for compensation for securing a purchaser of real estate belonging to defendants. The written contract, executed by the .parties, upon which the action was brought, as far as necessary to quote was in the following language: “I hereby authorize A. Maloof, as my agent, for a term of-days from this date, and hereafter until notified by me in writing that the same is withdrawn .(this ...
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The action was brought under the Red-light Abatement Act to abate a nuisance alleged to have been maintained in premises in the city of Sacramento owned by the defendant. It was decreed that defendant be perpetually enjoined from conducting said premises ...
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This appeal is on the judgment-roll, and the following statement of facts is taken from the findings:
J. L. Rankin (plaintiff's assignor) and his wife, on July 12, 1913, executed a three thousand dollar mortgage due in one year, 1914, to Lillian R. Higman. This mortgage was assigned by the mortgagee and her successors several times, and came at last, on January 5, 1914, to defendants L. R. Gomes a...
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The action was begun in the superior court of the county of Santa Clara on the 22d of December, 1913. On the eighth day of October, 1914, an amendment to the complaint was filed to which the defendant, William Lindemann, filed a demurrer. The demurrer was sustained without leave to amend on the twenty-eighth day of December, 1914, and thereafter, on the eighteenth day of January, 1915, judgment wa...
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The plaintiff brought this action to have a certain fence, wholly erected and maintained upon the premises of the defendant, declared a private nuisance and removed forthwith, or reduced to a height not exceeding ten feet. He also prayed that the defendant be enjoined and restrained from preventing or interfering with plaintiff, should plaintiff undertake to abate and remove the fence, or go upon ...
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Defendant Holland appeals from a judgment entered against him. The action was brought to recover a balance due on two promissory notes. The notes were executed by defendant Marie C. Heath, and certain real property was made security for the payment thereof, against which a trust deed was executed. Appellant did not join in the making of the promissory notes or the deed; in fact, his name did no...
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This is an appeal by the defendant from that portion of a judgment which decrees that the mechanic's lien of plaintiff is superior to the first mortgage held by defendant and appellant upon certain real property in the county of Los Angeles. There were three actions involving the same issues, which were consolidated by the trial court and tried at the same time. In one of the actions the plaintiff...
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Defendant appeals from a judgment rendered against him and in favor of plaintiff for $2,750 upon a complaint containing four causes of action, the first three of which were upon promissory notes and the fourth for money loaned to the amount of $1,500. The attack upon the judgment is confined to that portion of it which relates to the fourth cause of action. [1] The facts material to the opini...
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This is an action for damages for an alleged libel on plaintiff, committed by means of a letter written by appellant Mrs. C. (Boline) Rasmussen in the Danish language. It is not disputed that the said appellant wrote the letter and that it was delivered to and read by the addressees, a certain Mr. and Mrs. Simonsen, in Sacramento.
Briefly, the complaint alleges that plaintiff is an unmarried woman...
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Action to recover money due on an account stated. Prom the judgment entered in favor of the defendant the plaintiff appeals. The only controversy which we shall find it necessary to determine arises upon appellant’s contention that the evidence is insufficient to justify the finding of the court that there was not an account stated and that the defendant did not agree to pay the balance shown b...
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Action to quiet title. In addition to an allegation that plaintiff is owner of the land in fee simple and in possession thereof, it is alleged in the complaint that defendant, basing his right thereto upon a lease thereof made by plaintiff to defendant, the consideration of which "was in part that said plaintiff and said defendant (though not husband and wife) should live together on said parcel o...
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In this action the trial court gave plaintiff judgment for services rendered in procuring a purchaser of certain real and personal property pursuant to the terms of a written contract executed by defendant, who appeals from the judgment.
[1] The property is described in the contract as "3828 Wilshire Boulevard (city of Los Angeles), being lot 20 Western Wilshire Heights Tract. Property as is compl...
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A writ of habeas corpus was granted by Mr. Justice Lawlor of the supreme court returnable to this court, the petitioner claiming that he was restrained of his liberty under an order of the superior court in Alameda County adjudging him guilty of contempt upon his refusal to account as the administrator of the estate of his deceased wife, Florence E. Philbrook, who had formerly been the administrat...
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Appeal by the plaintiff from a judgment entered in favor of the defendant in an action to recover from the defendant, on its statutory liability as a stockholder of the Mission Brewing Company, a corporation, a fixed proportion of an alleged indebtedness of the Mission Brewing Company to the plaintiff. The judgment was entered pursuant to an order sustaining the defendant's demurrer to the complai...
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This is an appeal by the plaintiff from a judgment against it in an action to have certain taxes assessed against its property declared void, and for general relief. The trial was had upon an agreed statement of facts as follows:
"That at all times mentioned or referred to in plaintiff's amended complaint herein, the plaintiff was, and now is, a corporation duly formed and existing under the laws ...
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This is an action for libel. Defendants demurred to plaintiff's second amended complaint upon the grounds that it does not state a cause of action and that, in certain particulars, it is uncertain, ambiguous, and unintelligible. The demurrer was sustained. Plaintiff declined further to amend, and judgment for defendants was entered accordingly. From that judgment plaintiff appeals.
The extrinsic c...
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This is an appeal by the defendant, Elizabeth G. Clarke, from a judgment entered on a verdict of a jury for $514, in the superior court of San Diego County, in an action for the recovery of the reasonable value of attorneys' fees for professional services rendered by the plaintiffs to the appellant.
This appeal was originally taken not only from the judgment, but also from an order denying a new t...
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Action to quiet title. Judgment was rendered in favor of defendant on her cross-complaint, from which plaintiff appeals.
Plaintiff and defendant Phelia L. P. Smith are husband and wife. The property which is the subject of this litigation consists of a lot, with dwelling-house thereon, situate in Long Beach, California. The complaint alleged that, at the time of the commencement of this action, pl...
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The defendant appeals from a judgment in a suit for partnership accounting. The judgment provided that the assets of the partnership be sold by a commissioner, and upon the return of the commissioner and the equal division of the assets between the parties, a final judgment be entered dissolving the partnership or declaring it dissolved.
[1] The respondent contends that the judgment is a non-appea...
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The defendants, sued as husband and wife, by the parents as heirs of Mae C. Koehl, who died as the result of being struck by an automobile driven by Mrs. Carpenter, appeal from a judgment for $1,000 rendered by the trial court sitting without a jury. The appellants rely on three grounds which will be disposed of in the order of their presentation, after the following statement of facts shown by th...
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Mandate to compel the respondent, as street superintendent, to execute a contract for the improvement of certain streets in the city of Paso Robles.
The petition recites that on January 19, 1920, the board of trustees of the city of Paso Robles passed a resolution of intention to order certain work done, under the provisions of the "Improvement Act of 1911," [Stats. 1911, p. 730], and "Improvement...
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This is an application for a writ of prohibition to restrain respondent, justice of the peace for the township of San Diego, from enforcing a judgment of contempt rendered by him in an action for criminal libel then pending in his court and entitled "The ...
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This action was brought by the plaintiff to recover fees alleged to be due to him from the defendant on a contract for professional services which were rendered by the plaintiff as an architect. [1] It was found by the court that the defendant employed the plaintiff as such architect to prepare plans and specifications for the erection of a hotel building at a described location in the city of ...
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Defendants appeal from a judgment in favor of plaintiff, awarded as damages for personal injuries.
Roberts was employed by his codefendant, whose place of business was in Los Angeles, as a traveling salesman of oil, *Page 613
and, in the performance of his duty, which required him to travel in Los Angeles and adjoining counties, the Oil Company provided him with an automobile and at all times fur...
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Action to recover upon a promissory note for $500 made by defendant to plaintiff and one H. K. Fairall, in which, as alleged in the complaint, Fairall transferred his interest therein to plaintiff, who was the legal holder thereof, and all of which remains unpaid.
The answer not only raised issues as to the ownership of the note and nonpayment thereof, but alleged that the note *Page 609
was in p...
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Plaintiff brought this action to recover on two counts for amounts of salary alleged, to be unpaid to her *606 by the defendant corporation. Judgment was in her favor, and defendant has appealed. It was shown in evidence that, about the 1st of April, 1917, Karl Stern, who was then conducting a business similar to that which was and theretofore had been engaged in by the plaintiff, proposed to...
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Defendant and cross-complainant appeals from a judgment in favor of plaintiff foreclosing a mortgage executed by the defendants John and Rosa Delfs to one Gore, in February, 1917, and assigned by him to appellant in March, 1917, and thereafter on July 26, 1917, assigned by Gore to respondent. The facts material to the case are that, after the execution and delivery of the note and mortgage, Gore, ...
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Action to recover certain unpaid monthly installments of money alleged to be due under a contract for the purchase by defendant from plaintiff of a motion picture orchestra.
Judgment went for defendant, from which plaintiff appeals.
For defense to the action defendant relied upon certain alleged fraudulent acts practiced by plaintiff, whereby defendant was induced to enter into the contract, as to...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 585
This is an appeal by the defendant from a judgment for the plaintiff in an action to recover upon a contract of insurance. The court found that the contract of insurance entered into between the parties to this action consisted of a written agreement in t...
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This is an appeal by the defendants from a judgment in favor of the plaintiffs in an action to quiet title to certain real estate in the county of Los Angeles, and also from orders denying a new trial and refusing to vacate the judgment.
[1] The respondent, at the outset, objects to a consideration of the reporter's transcript for the reason that the judge's certificate is not attached thereto, in...
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The defendants appeal from an order denying motion to vacate a default judgment in the superior court in Los Angeles in a suit to recover some forty thousand dollars upon a judgment alleged to have been rendered in the superior court of King County, in the state of Washington, on January 5, 1918.
Judgment was entered on June 4, 1918. Notice of motion to vacate the default judgment was given on Nov...
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This is an appeal by the defendant from a judgment against it in the sum of fifteen hundred dollars, recovered by plaintiff as damages for personal injuries. The plaintiff was riding as a passenger in an automobile bus owned and operated by the defendant between Ontario and Riverside, California, when the automobile overturned.
[1] The first point raised by the defendant is that the damages are ex...
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This is an appeal by plaintiff from an order vacating and setting aside the default of defendant and the judgment entered thereon against the said defendant.
The motion to set aside the default and judgment was one under section 473 of the Code of Civil Procedure and in substance was made upon the ground of mistake, inadvertence, and excusable neglect. The defendant's demurrer to the complaint was...
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From a judgment for $265 entered in favor of plaintiff, the defendant has appealed upon the judgment-roll.
The findings, in so far as applicable to the cause of action upon which the judgment was rendered, are as follows: On February 28, 1918, plaintiff was the owner, entitled to, and in possession of certain personal property consisting of tables, pictures, stools, cushions, water and wine glasse...
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Action to recover damages alleged to have been sustained by plaintiff on account of defendants' negligence in transporting a car of bananas from New Orleans to Los Angeles. Judgment went for plaintiff, from which defendants appeal, claiming the evidence is insufficient to justify the finding of the court to the effect that the deterioration of the fruit, delivered to defendants at New Orleans in g...
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This is an appeal by the defendant Jones from a judgment in an action brought to recover on a stockholder's liability, as a stockholder of the Luther Burbank Company, a corporation. The indebtedness upon which this judgment against appellant was rendered was *Page 559
evidenced by eight promissory notes, as follows: Five notes executed by the corporation to the plaintiff directly, and three notes...
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This is an action to recover for injuries to plaintiff, caused by the attack of a dog belonging to the defendants. A jury fixed the damages at one thousand dollars, and from the judgment entered on the verdict defendants appeal.
Defendants were the owners of two bulldogs, and kept them in defendants' back yard, which was inclosed with a high board fence, and from which a gate opened into the alley...
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The respondent, as the administrator of the estate of Alexander Hay, deceased, sued the appellant to recover certain bonds, or their value. In a second count the plaintiff sought to recover $500 with interest claimed to have been loaned by Hay to the defendant. The defendant denied the allegations of ownership of the bonds by the estate, and alleged affirmatively that Hay had canceled the *Page 55...
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Two appeals are involved here. Plaintiffs appeal from the portion of the judgment foreclosing the mechanics' liens of some of their assignors and denying relief for the claim of Hubbard Carmichael, one of plaintiffs' assignors. Plaintiffs also appeal from the order of the trial court refusing to strike out the cost bill for costs on a former appeal.
The present plaintiffs are the executors of the...
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Action brought by plaintiff to recover possession of personal property. Judgment for defendant, and the plaintiff appeals therefrom. The judgment-roll is the only record before us.
[1] The judgment, in terms, is that the defendant recover from plaintiff the said personal property, or, if delivery thereof cannot be had, then the defendant have judgment in a stated sum (found to be the value of the ...
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On the first day of August, 1914, one A. V. Dunsmoor was the owner of a newspaper route of the *Page 539
"Los Angeles Daily Times" covering certain territory in Glendale, California. The complaint alleges that on that day Dunsmoor entered into an agreement with defendant Eaton. By the terms of that agreement, as shown in the complaint, Dunsmoor leased to Eaton the described territory of the city ...
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This action was brought in the lifetime of James H. Blanchard to recover upon a promissory note made in favor of Samuel F. Baker, of whose estate plaintiff is the special administrator. The judgment was in favor of plaintiff, and the defendant, in his representative capacity as executor of the estate of Blanchard, appeals.
Summons in the action was not served upon Blanchard, but after his death hi...
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Plaintiffs brought the action to recover from defendant damages for injuries received by plaintiff Mae Grover in an automobile collision, alleged to have been caused by the negligence of the defendant, for physicians’, 'nurses’, and hospital charges incurred by her and for damage to plaintiffs’ automobile. Defendant filed a cross-complaint in which he asked for six hundred dollars, dam *523 age...
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This case comes to us upon a petition for a writ ofhabeas corpus. The petition alleges that the petitioner is and was at all times mentioned therein the owner and manager of a certain furnished apartment house in San Francisco; that the prosecuting witness, P. Tucker, rented an apartment in said house; that at the request of said Tucker, petitioner furnished gas and electricity to him from Februar...
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Plaintiff M. J. Bhumgara sued to recover an amount of money alleged to be the value of certain goods, wares, and merchandise. The property is asserted to have been converted by the defendant to his own use. Judgment was in favor of plaintiff and defendant appeals therefrom. An appeal was also attempted to be taken from an order denying a motion for new trial, but under the code provision in force...
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The defendants appeal from a judgment awarding the plaintiff a peremptory writ of mandate in effect directing them to approve his claim as a retired corporal of police in the city of Oakland for one-half the amount of salary attached to the rank he had held for one year prior to his retirement. The facts are admitted, and the only question to be determined is whether the respondent is entitled to...
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September 14, 1917, the Ennis-Brown Company entered into a contract with W. B. Linn Son whereby the former agreed to purchase the Egyptian corn growing upon the land occupied by the latter and owned by them. The agreed price was fifty dollars per ton, "free on board boat," and it was stipulated that an advance payment of $4,500 should be made. At the time the crop was estimated at 320 tons, but i...
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This is an appeal by the defendant from a judgment of conviction of the crime of obtaining money under false pretenses, and also from an order denying defendant's motion in arrest of judgment. There are a number of grounds of appeal enumerated in the notice of appeal, but the appellant urges upon our attention but one of these matters, and as this objection, in our opinion, is decisive of the case...
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The trial of defendant, an attorney at law, upon an accusation filed by the Los Angeles Bar Association charging him with the commission of acts involving moral turpitude, resulted in a judgment of disbarment, from which, and an order overruling his motion for a new trial, he appeals. *Page 498
The gist of the accusation is that appellant obtained from Henry Goetz the sum of ten thousand dollars ...
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This is an appeal from a judgment and decree of the superior court foreclosing a lien for street work done under private contract. Plaintiffs, the contractors, secured the signature of defendant Helfrich to a written contract for the street work. Defendant Helfrich, or at least his wife, was at the time in possession under a written installment contract of purchase, under *Page 495
which the appe...
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The action was in the usual form to quiet title to certain real property in the county of El Dorado. The appellants herein became parties by a complaint in intervention in which they alleged failure of consideration, fraud, and undue influence on the part of plaintiff in Obtaining the deed which she claims, and upon the issues thus raised a trial was had and the findings and judgment were in favo...
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This is an appeal by the defendant from a judgment annulling a contract which had been entered into between the parties hereto. J. L. Vaughn, being the inventor of certain improvements on an automatic phonograph, embodying in particular a new invention for automatically changing the steel needle used for producing the sound from the records, desired to perfect and patent this device, and for this ...
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Motion to dismiss appeal. From the record before us it appears that a judgment was entered against the defendant here in the superior court of Los Angeles County on the twenty-first day of June, 1919, for a total sum of $412.74; that on the third day of July, 1919, a notice of appeal to the supreme court was filed by the defendant in that court; that at the same time and place defendant also filed...
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In this action to quiet title plaintiff had judgment and defendant appeals. The complaint was in the usual form appropriate to the character of the action. In addition to a general denial, the defendant made a special plea in his answer by alleging a former judgment between the parties for the same cause. That portion of the answer is as follows: "That heretofore, to wit, on the __________ day of ...
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As stated in the complaint, the cause of action sued on herein is an alleged indebtedness of the defendant to the plaintiff "upon a mutual, open, and current book account, said sum of $532.07 being the balance due and owing to plaintiff for the picking, hauling, washing, packing, and shipping of defendant's oranges during the season of 1912, together with certain moneys advanced by the plaintiff t...
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The petitioner was convicted under section 1 of Ordinance No. 188 of the city of Marysville, and he seeks his discharge from the imprisonment *Page 466
which followed such conviction. Section 1 requires that every person carrying on certain specified callings shall, before commencing the same, procure a license therefor, and section 80, so far as pertinent to this inquiry, reads as follows: "Sect...
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Appellant brought this action to recover for the alleged conversion of an automobile which is claimed to have been improperly seized under attachment process by defendant Cline as sheriff.
Lucy C. Gentry, in a divorce action against Harry V. Gentry, obtained judgment in April, 1916, for a monthly allowance for the support of herself and minor children and for an additional sum of two thousand doll...
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This action was commenced by plaintiff to quiet his title to a certain tract of land in the county of San Joaquin, which land he purchased from one J. A. Coley on the twenty-seventh day of June, 1917.
On May 13, 1914, an agreement was entered into between the said J. A. Coley and defendant Mary R. Schuyler, by which Coley agreed to sell and the defendant agreed to buy the said land for the purchas...
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This action was brought to recover judgment against Helen Lukens Gaut, as administratrix of the estate of Jas. H. Gaut, deceased, and in her individual capa
*455
city, in the sum of $6,700, on account of certain moneys alleged to have been loaned by plaintiff to the decedent and his wife, the said Helen Lukens Gaut. The court below rendered judgment against the administratrix for t...
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Pursuant to the terms of a written contract the plaintiff delivered to the defendant a crop of potatoes for which the defendant agreed to pay at the rate of two cents per pound. This action was brought to recover the unpaid balance of money due for the merchandise so delivered. Judgment was entered in favor of the plaintiff for the amount demanded, and* the defendant appeals from that judgment.' ...
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Plaintiff appeals from a judgment in favor of defendants in an action for damages for personal injuries sustained by plaintiff while in the employ of the defendants. Plaintiff chose to avail himself of section 12 (b) of the Workmen's Compensation, Insurance and Safety Act, as amended in 1915 (Stats. 1915, p. 1081), and effective at the time of the injury and waived compensation under the act. Sect...
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Action to recover judgment for money due upon a judgment entered against the defendant in the circuit court of DeKalb County, Illinois. Judgment was entered herein against the defendant, who now appeals therefrom. Appellant presents three points, on which he claims that this judgment should be reversed.
[1] First point: That the Illinois judgment has not been proved as required by law, in this, th...
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Defendant, a New York corporation, is engaged in the business of shipping and forwarding freight of all kinds, especially household furniture, from New York city to all points in the United States. For this purpose, defendant, at its loading station in Newark, New Jersey, assembles goods of various ownership that are to be shipped to a common destination. This is done for the *Page 428
purpose of...
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This is an action to foreclose a mortgage on real property. Herman Bortenstein and the city of Los Angeles are defendants. Bortenstein alone appeals from the decree of foreclosure. The chief question on the appeal is whether plaintiff has any lien, legal or equitable, upon certain moneys that, in another action, were adjudged to be due from the city to Bortenstein for injury to the mortgaged prope...
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This is an action brought by plaintiff, as vendor in a contract for the sale of real estate, against the defendants, who were vendees in possession, to recover possession of the land, and damages for the retention thereof, after alleged breach of the contract in failing to make payments, and for a judgment declaring the contract to have been broken, quieting plaintiff's title to the land, and for ...
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In December, 1917, while the defendant was acting as a magistrate of the county of Tulare under and by virtue of his office as recorder of the city of Lindsay in that county (said city of Lindsay being a city of the sixth class), he received a complaint in writing made to him as such magistrate, charging one Ah Wong with the commission of a felony. Such proceedings were had that said magistrate re...
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Appeal by the defendants W. R. Hefley and Charles C. Hayes from a judgment entered against them as sureties on a bond given by a contractor under the street improvement law known as the Vrooman Act. (Deering's Gen. Laws, 1915 edition; Act 3930, p. 1714.) The plaintiff sued on a claim for materials furnished by it, and on two assigned claims of a similar nature, all being for materials used by the ...
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Carlin G. Smith brought this action to enforce rescission of a contract for the purchase of an automobile. Judgment was awarded in accordance with the prayer of the complaint, and defendants appeal. (After judgment there was a substitution of parties plaintiff by reason of an assignment made by plaintiff Carlin G. Smith to Boland.) *405 On June 12, 1912, plaintiff Smith negotiated with defend...
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This is an appeal from a judgment of the superior court of Yuba County quieting title of plaintiff to three lots in the city of Marysville and correcting a mistake in the description of the said lots as contained in a judgment entered in the case of John Martin v. Chester A. Smith et al.
On December 4, 1914, the defendant Waldo S. Johnson purchased at a tax sale made by the tax collector of the sa...
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Defendants appeal from a judgment rendered against them as involuntary trustees on plaintiff’s complaint for rent of premises occupied by defendants in the double capacity as trustees for creditors and assignees of the insolvent under an assignment made for the benefit of all creditors of the insolvent other than plaintiff. [1] The controversy arises through the fact that after the defendants w...
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This is an appeal from an order granting a new trial in an action for damages resulting from an *Page 391
automobile collision. The plaintiffs upon the trial of the action before a jury were awarded a verdict in the sum of five thousand dollars damages. The defendant moved for a new trial upon several statutory grounds. The court granted said motion by an order which read as follows: "Defendant's...
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In this proceeding upon a writ of review we are asked to annul an award of compensation made by the Industrial Accident Commission to Grey M. Skidmore for injuries alleged to have been sustained while employed as sales manager by the Golden State Portland Cement Company, of which company petitioner was the insurer.
[1] Petitioner attacks the award upon the ground that the evidence is insufficient ...
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Appeal from a judgment entered in favor of the defendant. *Page 384
The action was brought by the plaintiff to obtain possession of a certain automobile. In the original complaint filed it was alleged that the plaintiff acquired a lien upon the automobile by reason of a certain chattel mortgage executed by the Chatts; that the mortgage provided that in the event the mortgagors failed to pay the a...
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This is an appeal from a judgment in favor of the plaintiff for damages arising out of injuries sustained by her through having slipped and fallen upon the floor of the defendant’s meat market in the city of San Diego, her said fall having been occasioned, according to plaintiff’s averments, by the slippery and unsafe condition of said floor. The case was tried before a jury, and the first cont...
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The defendant having been convicted of the crime of burglary, appeals from the judgment, and from the order denying his motion for a new trial. *Page 375
[1] Appellant contends that the evidence is insufficient to sustain the verdict in this, that there is no evidence that the defendant committed the crime. That burglary was committed at the time and place alleged, in the house of one George B. ...
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In a collision between * the automobile of plaintiff and that of defendants, the car of the former was damaged, for the recovery of which he brought this action and obtained a judgment for $299, from which defendants have appealed. Among other defenses interposed by defendants was that of contributory negligence of plaintiff, as to which the court made an adverse finding, and the sole ground he...
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The petitioner applied for a writ of habeas corpus, alleging that he was illegally restrained of his liberty by the warden of the state penitentiary. Upon the hearing, it appeared that the petitioner, as prisoner No. 30164, was received at San Quentin prison, December 21, 1916, from Los Angeles County, for the crime of forgery, under sentence to serve a term of four years and six months. On thi...
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One of the defendants only appeals from the judgment, by which it was decreed that the plaintiff owned two pieces of property in Los Angeles, with a direction that conveyance should be executed by each of the two defendants of the properties to the plaintiff. Judgment followed the trial in which an advisory jury was impaneled to try the principal issues presented by the pleadings.
The plaintiff su...
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The judgment in this action decreed that plaintiff's title to certain lands situate in Inyo County be quieted upon the payment by plaintiff to defendants of the amount of a mortgage previously given by plaintiff's predecessors covering the lands in question. Defendants appeal. Plaintiff, in his own right and as executor of the last will of Martha D. Olds, deceased, avers in his complaint that he i...
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Appeal by defendants from a judgment entered against them upon the pleadings. *Page 354
The action was upon a promissory note for six hundred dollars, the making of which is admitted. Defendants in their answer not only denied the allegation of the complaint "that no part of the principal sum, nor interest, or attorney's fee therein provided, has been paid," but affirmatively alleged that the who...
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Defendant was informed against by the district attorney of the county of Sacramento for the crime of mayhem. Upon a trial he was found guilty and he prosecutes this appeal from the judgment of conviction and from an order denying his motion for a new trial.
Louis Dulmaine, the prosecuting witness, was engaged as a bartender in a building at the corner of Seventh and L Streets, in the city of Sacra...
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This action was originally commenced by the Kern Valley Bank. Prior to trial W. R. Williams, superintendent of banks, was substituted as plaintiff, he then having charge of the affairs of said Kern Valley Bank for the purposes of liquidation. Later Willia...
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Defendant was charged by an information filed in the superior court of Sacramento County with a violation of section 17 of the State Medical Practice Act, approved June 2, 1913 (Stats. 1913, p. 722). The information alleges that: "The said T. Wah Hing on the __________ day of August 1919, at the County of Sacramento in the said State of California and before the filing of this information did then...
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Defendant was charged with the crime of assault with a deadly weapon with intent to commit murder and he was convicted of assault with a deadly weapon.
[1] No argument has been made in this court in his behalf, his counsel concluding, no doubt, in view of the record, that any discussion would be useless. The evidence is overwhelming and conclusive as to his guilt. Indeed, he was greatly favored by...
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There are two appeals in this case presented in the same transcript – one an appeal from the judgment in the plaintiff's favor; the other an appeal from an order made after final judgment denying the defendant's application to be relieved from the forfeiture declared by said judgment under section 1179 of the Code of Civil Procedure.
The action was one in unlawful detainer after forfeiture of cert...
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[1] In this action the plaintiffs recovered judgment for the amount of certain installments due and unpaid as part of the purchase price provided in a contract of sale of real property. Appellant contends that such action is necessarily an action to compel specific performance of the contract; that, therefore, the complaint does not state a cause of action because it does not contain any allegatio...
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Action to recover the amount of a commission, alleged to be due on a contract to pay for services rendered by the plaintiffs in procuring for the defendants a tenant to whom the defendants made a lease of real property.
With one exception, all of the points urged by appellants consist of claims that the evidence is insufficient to support certain findings of fact. [1] The bill of exceptions contai...
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Defendant has appealed from a judgment directing that he pay a fine in the sum of six hundred dollars or suffer the alternative of imprisonment until the fine be satisfied in the proportion of two dollars for each day that he shall be so imprisoned. An appeal is also taken from an order denying a motion for a new trial.
[1] Appellant was accused of having, on the twenty-second day of June, 1919, i...
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Upon an indictment charging him therewith, defendant was convicted of the crimes of burglary and grand larceny.
He appeals from the judgment which followed and from an order of court denying his motion for a new trial.
The accusation is based upon the alleged act of defendant in feloniously entering the banking-room of the First *Page 549
National Bank of Artesia and unlawfully taking therefrom c...
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The action was brought to foreclose a mortgage made by the defendants, Richard S. Woods and Mary C. Woods, to appellant Guarantee. Mortgage Company of San Diego, to secure the payment of a promissory note of $1,250 and interest, dated March 29, 1912. The complaint alleges that the note and mortgage were assigned by appellant to the plaintiff by an instrument in writing on the seventeenth day of Ju...
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This is an original petition for a writ of mandate to compel respondent, as the city clerk of the city of San Buenaventura, to provide for the use of the voters at a recall election, to be held in that city on the twenty-seventh day of this month, official ballots with blank spaces wherein the voter may write the names of persons whose names are not printed on the ballot.
It appears from the petit...
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Upon an information, filed in the superior court of Riverside County, defendant was convicted of a violation o...
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This action was brought to recover the sum of ten thousand dollars as liquidated damages for a breach of certain restrictive building covenants contained in a contract for the sale of a building lot, forming part of a tract of land known as Westmoreland Place, situated in the city of Los Angeles, California. *Page 519
The facts are fully stated in the case of Miles v. Clark,44 Cal.App. 539, [187 ...
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This is an action brought to recover the sum of two thousand one hundred dollars, with interest, upon a promissory note made, executed, and delivered by defendants to plaintiff, and for the foreclosure of a chattel mortgage executed by the defendants Williams to secure the payment of said note.
Summons and complaint were duly and legally served upon all defendants. Defendants Williams defaulted. T...
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This is an action brought praying for injunctive relief. The second amended complaint, it is claimed, states a cause of action. A demurrer was interposed, was sustained with leave to amend, and plaintiff, having failed to amend within the time allowed, judgment was entered accordingly. The appeal is from the judgment so entered.
Plaintiff alleges that he is the owner of three thousand four hundred...
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Petitioners, invoking the original jurisdiction of this court, have petitioned for a writ of mandate to compel the respondent, the city clerk of the city of San Buenaventura, to receive and file the nominating petition of each of four electors of the city – upon whose behalf the petition for the writ is presented – whereby each of the four is nominated for election to the office of city trustee, t...
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The application was made by the parents of said Ruby H. Hunter and Pearl M. Hunter for a writ of *506 habeas corpus to secure their release from the custody of the probation officer of Butte ^County. The contention is that by reason of the insufficiency of the petition against them in the juvenile court in which said commitment was made, said juvenile court had no jurisdiction to commit said ...
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Petitioner was convicted in the justice court of Scotia Township, county of Humboldt, California, on the alleged charge of gambling, and was sentenced to pay a fine of one hundred dollars, and, in default of payment, to be imprisoned in the county jail of said county of Humboldt one day for every dollar of the fine. The charging part of the said complaint was as follows: "Personally appeared befor...
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Defendant was charged, in an information in the superior court of Stanislaus County, with the *Page 495
theft of a light Buick automobile, the property of one J. W. Ross. He was convicted by a jury, and from the judgment sentencing him to the penitentiary and from an order denying his motion for a new trial, an appeal has been taken. Some of the facts, upon which respondent relies for a justifica...
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[1] This is an appeal from an order denying a motion to dismiss an attachment. The action was brought by respondent to recover damages from the appellant, by reason of a breach of his agreement to sell and deliver a crop of tomatoes. It is alleged in the complaint that under the terms of the contract between the parties the defendant agreed to sell and deliver, and plaintiff *Page 492
agreed to b...
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The petitioner, a prisoner confined in the state prison at Represa, this state, claiming that thus he is being illegally restrained of his liberty by the warden of said prison, asks, by this petition for a writ of habeas corpus, that he be discharged from such restraint and restored to his liberty.
The petition shows that the petitioner, having previously been duly convicted in the superior court ...
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This is an action upon an accident insurance policy executed by defendant to plaintiff's deceased husband, George Ray Horton, whereby he was insured against death "from bodily injuries, effected directly and independently of all other causes, through exte...
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The district attorney of San Bernardino County instituted this action against Mrs. J. A. Peterson, lessee of the Monte Vista hotel and rooming-house and R. F. Drew and the Andreson Company, owners of the building, charging the defendant, Mrs. Peterson, with committing a nuisance in said building in violation of the provisions of the "Redlight Abatement Act." (Stats. 1913, p. 20.) The owners of the...
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This is an appeal from a judgment in the defendant's favor in an action on the part of the plaintiff to recover damages arising by reason of a delayed telegram. The case was presented at the trial and on appeal upon an agreed statement of facts, which may be briefly summarized as follows: During the month of September, 1915, the plaintiff and one Bergthold were the owners of a business at Fort Bra...
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Action brought to recover certain installments of rent alleged to be due plaintiffs from defendants under the terms of a lease and an assignment thereof, both made in writing.
The court found, in substance, that on April 4, 1912, R. H. Howell and C. T. Crowell, by written lease, let and demised to Charles E. Salter the premises therein described for a term of five years, at a monthly rental of $22...
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Application for writ of mandate to compel respondent judge to settle and certify a bill of exceptions.
The procedure authorized for the purpose of obtaining a bill of exceptions is prescribed by section 650 of the Code of Civil Procedure. It is provided that within ten days after a proposed bill has been by one party served upon the adverse party, the latter may, within ten days, propose amendment...
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In this proceeding it is duly shown that George U. Stratham is held in custody, pursuant to arrest and upon a complaint filed in the police court of the city of Los Angeles, charging him with the commission of a misdemeanor by willfully and unlawfully soliciting custom and patronage for the transportation of persons and baggage for hire in the Southern Pacific depot in said city and upon property ...
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This is an appeal by defendant from a judgment enjoining it from offering for sale tuna packed in cans similar to those used by plaintiff and encircled with a label such as that which is being used by defendant. The theory of plaintiff is that defendant is guilty of unfair competition in trade, in that its label is an imitation of plaintiff's label, calculated to deceive the purchasing public. A c...
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This action was brought by plaintiff, as assignee, to recover the sum of one thousand dollars and interest, *Page 422
alleged to be due from defendant upon a contract with The Oscar Parlier Company, for the purchase of an automobile, and on which the initial payment of eight hundred dollars had been made. Plaintiff recovered judgment and defendant appeals. The principal contention of the appellan...
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Plaintiff, an unmarried woman, brought this action against the defendant, alleging him to be the father of her illegitimate child, which died on September 9, 1918. Demurrer to the amended complaint was sustained without leave to amend. From the judgment thereupon entered in favor of the defendant, the plaintiff appeals. *Page 419
The complaint is in four counts. The first is for the sum of $62.50...
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This action was instituted for the foreclosure of a mortgage executed by the defendants to the plaintiff to secure the payment of a promissory note for the sum of six thousand three hundred dollars, payable three years after date. The defendants by their answer admitted the execution of the note and mortgage sued upon and that the said note was upon its face past due and unpaid. [1] They undertook...
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Motion to dismiss an appeal.
The action was brought by plaintiff, a Public Service Corporation, against the defendants to condemn certain real property situate in Lake County, California. After trial by jury a judgment was rendered on the twenty-second day of October, 1917, condemning the lands asked for by the plaintiff and fixing the defendants' damages in the gross sum of one hundred and five t...
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This is an action by a motion picture actress, employed by defendant, to recover for an alleged wrongful discharge, alleged to have occurred about twenty-one weeks before the expiration of the term of her employment. From a judgment for plaintiff for $2,1...
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[1] The facts in this case are identical with those set forth in the case of Sheehan v. Board of Police Commissioners, ante,
p. 29, [190 P. 51], and on the authority of that case the judgment is affirmed.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on June 3, 1920.
Angellotti, C. J., Wilbur, J., Lennon, J....
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Appeal by defendants from a judgment entered in favor of the plaintiffs by which an award was made for the value of an automobile.
In the complaint it was alleged that appellant Albertson was engaged in business under the name of Albertson Motor Company; that plaintiff Chastek was the owner of an automobile. This allegation followed: "That at the city of Los Angeles, state of California, and on or...
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On February 24, 1916, plaintiff as a stockholder in the United Properties Company, commenced this action on behalf of the company and its stockholders to recover from certain defendants property alleged to belong to the corporation, to set aside alleged fraudulent conveyances of said properties, for the cancellation of securities alleged to have been fraudulently issued, for damages, and other inc...
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By an information filed by the district attorney in the superior court of the county of Siskiyou, defendant was charged with having committed a lewd and lascivious act upon and with the body of one Gladys Jackson, a female child of the age of nine years. ...
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Action to recover upon an account for services rendered and materials furnished by the plaintiffs to the defendant at his special instance and request. There was a counterclaim by the defendant. Judgment was entered in favor of the plaintiffs for $490.44, balance found due to plaintiffs, with interest and costs. The counterclaim was in part on a demand for rent and in part for damages for breach ...
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Defendant appeals from a judgment for $389.02, damages for wrongful conversion of personal property of the plaintiff. We have before us the judgment-roll, without any bill of exceptions.
[1] No attempt is made by appellant to present any point on the merits of the case. He merely suggests that the findings of fact were served on his attorney on February 20, 1918, and were signed and filed on the 2...
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Following an order which sustained the demurrer of defendants to the second amended complaint without leave to amend, the court entered judgment dismissing the action, from which judgment the plaintiff has appealed.
On the fourth day of February, 1914, the plaintiff Summers, as owner, and the defendant L. F. S. Syndicate, as contractor, entered into a contract for the construction of a two-story r...
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The defendant appeals from a judgment rendered against it for balance of the purchase price owing to the plaintiff on a contract for potatoes sold a,nd delivered. The following facts were found by the court, all of which were established by the evidence: On June 6, 1917, defendant agreed to buy from plaintiff two carloads of potatoes of 270 sacks each, to be delivered f. o. b. ears at Anaheim, ...
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Appeal by plaintiff from a judgment entered in defendant's favor.
This action, as formulated by the complaint, was one of claim and delivery, wherein it was alleged that the defendant "wrongfully" took from the possession of the plaintiff a certain automobile and continued to retain possession of the same after demand made. The usual judgment in the alternative was asked for. The defendant filed w...
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Plaintiff sued to recover the purchase price of a certain lot of glass bottles. Judgment was in its favor, and the defendant appeals from the judgment and also from an order made denying his motion for a different judgment upon the findings of fact. Plaintiff at the time material to this controversy was engaged in the manufacturing of glass articles in the state of West Virginia and was represe...
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Appeal by the defendant from a judgment entered in favor of the plaintiffs for damages. . The action was to recover for the breach of a written contract whereby defendant agreed to deliver to the plaintiffs a certain quantity of scrap iron. The contract as it was reduced to writing was expressed in the following terms: “May 12, 1917, sold to Bakersfield Junk Company by S. Silverman, 150 tons ...
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Action to recover possession of personal property alleged to be unlawfully withheld from plaintiff by the defendants. Judgment in favor of defendants, from which the plaintiff appeals. We first call attention to two statements in the brief for appellant which should not have been made, as they are wholly unjustified by the record. These statements are: That the defendant Mathe by his answer ple...
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Action by plaintiff to recover the sum of $590, balance due on a contract for oranges sold and delivered; also to recover the further sum of one thousand one hundred dollars damages for breach of the same contract by refusal of defendants to receive a part of the oranges sold and to pay for same. Judgment in favor of plaintiff on both demands, from which judgment defendants appeal. The terms of...
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The plaintiff appeals from a judgment in its favor for the sum of $68.58 with interest, and which excluded an item of six hundred dollars and interest for money loaned by plaintiff to defendant and included in an open book account. The appellant contends that the evidence is insufficient to justify the court's finding to the effect that the cause of action on said item of six hundred dollars is ba...
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Action to recover on a subscription contract whereby the defendant agreed to take and pay for shares of stock of plaintiff corporation. The defendant claimed the right to rescind the contract upon the ground that the agents of the corporation in their negotiations with the defendant, which resulted in the contract, falsely and fraudulently represented to the defendant that the capital stock of the...
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Plaintiff sued to rescind a contract whereby they had purchased 924 shares of the capital stock of the Brinks Express Company, a corporation. The asserted right to rescind is based upon alleged fraudulent representations. Judgment passed for defendants; plaintiffs moved for a new trial, which was denied; thereafter plaintiffs appealed from the judgment and likewise from the order denying their mo...
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This is an application for a writ of review. It is alleged in the petition that on the twenty-seventh day of December, 1918, one A. L. Gore recovered judgment *Page 207
in the superior court of Los Angeles County, in a civil action on a certain promissory note, against petitioner herein; that said judgment is legal and valid; that petitioner has not appealed therefrom or made any motion to set th...
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The plaintiff, New York Life Insurance Company, brought this action in interpleader to compel the defendants to litigate among themselves their various claims to the proceeds of an insurance policy, upon the life of John T. Dunn. Judgment was in favor of cross-complainant and respondent, May Cline Smith. Lilian S. Dunn, also a cross-complainant, appeals.
It appears that John T. Dunn, on December 1...
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This is an action to recover five thousand dollars paid upon a contract of purchase of real property, which contract was afterward rescinded by the plaintiff because of alleged fraudulent representations made to him by the defendants, as agents for the owner of the land contracted to be purchased by him. The owner of the land consented to the rescission of the contract, and plaintiff then sued the...
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Plaintiff instituted this suit for divorce against her husband on the ground of cruelty. The defendant cross-complained upon the same grounds. A decree was entered against the plaintiff upon her complaint and in favor of defendant upon his cross-complaint, and the custody of the two minor children of the parties was awarded to the plaintiff and defendant for alternate periods of six months each. P...
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There is no substantial conflict between the parties as to the facts of the case, but in our statement we shall resolve whatever minor differences there may be, as far as justified by the record, in favor of respondent. The appeal is from a judgment in favor of plaintiff on a claim against the estate of C. P. Dutton, rejected by his administrator, for the reasonable value of personal services rend...
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The appeal in this action is under the alternative method, and this is a motion by respondent for an order requiring the appellant to print and serve on respondent a supplement to the opening brief, in which shall be set forth in full all the record of the trial contained in the reporter's typewritten transcript on file in this court, and not printed in the said opening brief. The motion is made o...
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This is an appeal by the plaintiff from a judgment against him upon a motion for nonsuit. *Page 173
The action was for $8,457, alleged to be due plaintiff as commission for selling land of the defendant. Defendant answered, admitting a verbal contract with the plaintiff, but asserting that such contract was conditioned upon the full performance by the purchaser of his contract to purchase the lan...
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The parties to this action had entered into a contract for the exchange of lands. Plaintiff brought suit to enforce the execution of a deed to the premises which defendants had contracted to convey, and of which plaintiff was in possession. Defendants answered and filed their cross-complaint for a rescission of the contract and for recovery of possession of the land and certain personal property t...
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The plaintiffs brought this action to recover damages for the death of one George Ira Ham, whose death was caused by his being driven off a bridge partly washed out by flood waters, while riding in an automobile with a companion, who was driving. The brid...
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Plaintiff brought the action to recover from defendant the sum of three thousand dollars, as damages caused by obstructions to a highway by means of a ditch constructed therein and sand thrown from said ditch into the highway, and to have said obstructions removed. A jury, called to pass upon the question of damages, awarded plaintiff $150 and she was given judgment for that amount and costs. As t...
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This is an appeal from a judgment in favor of the plaintiff Sarah A. Higgins against defendant Fred M. Jennings, sheriff of San Diego County, in an action in claim and delivery and by which said plaintiff was decreed to be entitled to the possession of a certain promissory note for nine thousand six hundred dollars, together with a mortgage on real property given to secure its payment, which the d...
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The action is for damages for libel. Plaintiff had judgment, following the verdict of a jury, for seven thousand five hundred dollars, and defendant appeals from the judgment.
On a former trial of the action, judgment was in favor of defendant, which judg...
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This action was brought to recover from the corporation defendant moneys paid by plaintiffs on a contract for the purchase of a residence lot, with the buildings and improvements thereon, situate in Los Angeles. The plaintiffs had judgment, and the defendant appeals therefrom.
On the first day of November, 1913, the defendant, as party of the first part, entered into a written agreement with the p...
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This application for a writ of habeas corpus for release of two infant children from the custody of the probation officer of San Diego County was made by the father of the minors. The infants, aged three years and one year, respectively, were committed to the custody of the probation officer by an order of the juvenile court, in proceedings under the juvenile court law. The petition on which the c...
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Petitioner here, claiming that he is "unlawfully imprisoned, detained, confined, and restrained of his liberty by the sheriff of Los Angeles County," asks this court that a writ ofhabeas corpus may be granted, directed to said sheriff, restoring petitioner to his liberty, etc.
It is alleged that said imprisonment, etc., is illegal, in that "no complaint has been filed in the superior court of the ...
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The plaintiffs appeal on the judgment-roll from a judgment in a suit to quiet title to land in Riverside County.
On February 24, 1912, the appellants entered into a contract with the defendants, Philip D. Herbert and Sallie L. Herbert, by which the appellants agreed to sell to the Herberts eighty acres of land for four thousand dollars, payable in ten annual installments of four hundred dollars, w...
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The defendant was convicted of the crime denounced by section261 of the Penal Code, the female being of the age of thirteen years. The only point made by the appellant in his opening brief is that the evidence is insufficient to support the verdict. There is no merit whatever in the contention.[1] The prosecutrix testified to facts and circumstances from which it is a rational inference that the d...
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The complaint alleges that the plaintiff, D. B. Ong, is the executor of the last will of Minnie R. Ong, deceased, and that the other named plaintiffs are devisees under the will of said deceased. Continuing, it states that said Minnie R. Ong, in her lifetime and at the time of her death, was the owner of a certain described piece of real estate situate in Los Angeles, California; that the defendan...
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This was a contest of the will of Lucien E. Guilbert, deceased, brought by his nephew and devisee under his will. The sole ground of contest was that at the time of the making of his will said deceased was of unsound mind and not capable of making a testamentary disposition of his property. The issue was properly framed by the pleadings and was submitted to the jury in the form of this question: "...
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Appeal from a judgment entered in favor of the plaintiff upon a promissory note alleged to have been executed by the defendants. The note was set out in full in the complaint and its execution was not denied by the defendants, except that it was affirmatively alleged in the answer that the note was given in connection with a separate contract as security only to the plaintiff that the defendants,...
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Appeal by defendant from a judgment entered in favor of plaintiff.
This action was brought to recover upon a promissory note dated January 8, 1916, and signed by the defendant Peters. The payee in the note was A. Vitagliano. The note provided that interest should be paid at the rate of seven per cent per annum, and further contained the following clause: "Should the interest not be paid monthly th...
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This action was brought against the defendants to recover for labor and services performed. Certain of the defendants have appealed from the judgment entered against them. As to these defendants, it was alleged in the complaint that, prior to entering into the contract with the plaintiff and his assignors, they had formed a voluntary association, known as the Venice Road Race Association; that sai...
Views: 2
Appeal from a judgment entered in favor of defendant. The action was brought to recover the principal sum of $750, which was alleged in the complaint to have been loaned by decedent, Elizabeth S. Mitchell, to the defendant. The answer admitted the making of the loan and affirmatively alleged the repayment thereof. At the trial defendant testified that at the time of receiving the money from deced...
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Appeal by defendant Adler from a judgment entered against him for money after he had suffered default to be taken. The action was brought to enforce payment of a promissory note executed by defendant Brusch, which note was secured by mortgage upon real property of the said Brusch. That portion of the complaint referring to the execution of the note reads as follows:
"That on the fourteenth day of ...
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This action was brought to recover possession of certain real property, the prayer being for restitution of the premises and "for the sum of eighteen thousand dollars, treble the rent due," with costs and disbursements, and "all other and proper relief." In the complaint it was alleged that the defendant had failed to pay rental at the rate of five hundred dollars per month, as provided in a lease...
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This action was, as framed by the complaint, in form, claim and delivery for the recovery of possession of two certain diamonds. Omitting the more formal allegations of the complaint, it was alleged that on the fourth day of December, 1916, defendants Schultz and Schlager obtained the diamonds from the plaintiff "upon the representation that they desired to exhibit the same to a third party for th...
Views: 2
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This is an action brought by the trustees of a defunct corporation to ascertain and to have adjudicated the amount due from each of the 248 defendants other than the corporation defendant, as subscribers, owners, and holders of shares of stock of the defen...
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This action was one of claim and delivery by which recovery of possession of a certain lot of furniture was sought to be secured. The judgment was in favor of plaintiff and defendant has appealed.
[1] The complaint was in the usual form appropriate to the character of the action and contained all the essential allegations. Demand for possession was alleged to have been made on the fourth day of Ma...
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The appellant was convicted on the charge of assault with intent to commit robbery. He contends the evidence was insufficient to identify him with the man who committed the assault, or to show an intent to commit robbery. His chief reliance is upon the contention regarding the question of identity. No evidence was introduced on the part of the defendant. Motion for a new trial was made and denied....
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The action arises out of conflicting claims to the use of the waters of Kings River. Plaintiffs *Page 796
had judgment and the appeal is by defendants, The People's Ditch Company, The Last Chance Water Ditch Company, The Lemoore Canal and Irrigation Company and Lower Kings River Water Ditch Company, from said judgment. The defendants, Lake Land Canal and Irrigation Company and the Union Water Dit...
Views: 1
This is an appeal from a judgment for the plaintiff in the sum of $1,764.78 against the appellant city of Oakland, which judgment also directed the issuance of a writ of mandate commanding appellant F. F. Morse, as commissioner of public health and safety of the city of Oakland, to reinstate plaintiff and respondent to his position in the fire department of the city of Oakland. The case *789 wa...
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Plaintiff brought this action seeking to recover upon three promissory notes for one thousand dollars each. Judgment was entered for the defendant, and the plaintiff appeals.
The defendant, by failure to deny, admitted the execution of the notes, denied that they have not been paid, and averred a failure of consideration therefor. He further alleged that the notes were procured by plaintiff throug...
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Plaintiff brought this action to quiet title to certain lots in the city of Los Angeles. Defendants recovered judgment in their favor, and plaintiff appeals.
Appellant's claim of title to each lot rests upon a deed thereto, made under a certain street improvement act, and executed by the proper city officer. Each respondent answered and likewise filed a cross-complaint, alleging that he is the own...
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This is an action brought against the defendant, as executrix of the estate of John R. O'Neill, deceased, upon a claim, which had been rejected, in the sum of $5,222.05.
The complaint is in the usual form, alleging indebtedness "upon and according to a mutual, open, and current book account for money had and received." The formal allegations of the complaint are admitted. By specific denial of the...
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[1] In this case the defendant was convicted of the crime of rape. He appealed from this judgment, urging several grounds for reversal, all of which were decided adversely to him by division one of this court. A rehearing was thereafter denied by said court, and later a petition for hearing by the supreme court of this state was denied. Thereafter, the defendant sought a writ of habeas corpus from...
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This is an appeal by the defendant Feraud from an order denying her motion to tax costs in a suit instituted by the district attorney of Los Angeles County under the "Redlight Abatement Act." (Stats. 1913, p. 20.) *Page 766
[1] The contested items aggregate $435.65 and constitute two charges; first, for the services of plaintiff's agents in investigating and securing evidence before the commence...
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The plaintiff brought this action to obtain a decree of divorce. Findings and decree were in favor of the defendant, denying a divorce, from which the plaintiff prosecutes this appeal.
The essential features of the case may be gathered from the following quotations from the findings of the court: "That on or about April 13, 1917, plaintiff and defendant had a quarrel about the repair of a pair of ...
Views: 13
This is an appeal from a judgment in plaintiff's favor in an action for damages for personal injuries *Page 753
alleged to have been suffered by the plaintiff while a passenger on one of the defendant's cars in the city of Long Beach, on the evening of January 16, 1917, the plaintiff averring that the said car had stopped to enable him to alight, but had suddenly started while he was in the act o...
Views: 2
This action was brought by plaintiff to recover the sum of $927.50 for alleged damages to a shipment of fifty-three gas furnaces or heaters which were transported over the lines of the defendant company from the city of Los Angeles, California, to Portland, Oregon, consigned to the Portland Gas Coke Company, at Portland, and there tendered to the consignee. The consignee refused to accept them, i...
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This proceeding, although entitled as a separate matter, is, in fact, ancillary to the matter of the Estate of Bundy,44 Cal.App. 466, [186 P. 811].
The purpose of the petitioner was to secure a restraining order restraining said guardian and said superior court from proceeding further with an action, pending in said court, entitled Hellman Commercial Trust and Savings Bank against Security Trust a...
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This is an action brought to recover the sum of nine thousand one hundred dollars, claimed by plaintiff for alleged misrepresentation as to the value of certain shares of stock in the Theatre Improvement Company, a corporation, such misrepresentation being alleged as follows: ". . . defendant stated and represented to plaintiff that the capital stock of the Theatre Improvement Company . . . was wo...
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The defendant and her stepmother, Annetta R. Johnson, and her brothers, Everett F. Johnson and Charles B. Johnson, were the heirs at law of James P. Johnson, deceased. At the time of his death, James P. Johnson was indebted to the plaintiff bank in a sum approximating fifteen thousand dollars, for which the bank held his unsecured promissory notes. The decedent had been in the furniture business i...
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This is an action to quiet title. Defendants Aagaard and Talcott defaulted. Defendant Traylor appeared and answered, denying plaintiff's claim of title and alleging ownership in herself, in fee simple, of the property in controversy, and, as such owner, asking that title be quieted in her as against any claims of plaintiff.
After trial, the court having considered all the evidence introduced, find...
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This is an action brought to recover damages for the negligenc of defendant. A verdict in the sum of ten thousand dollars was awarded plaintiff, and judgment was entered accordingly. There was a motion for new trial, which was denied. The appeal is from the judgment.
From the record we find that, on January 16, 1917, plaintiff, a minor, was injured in an accident at the corner of Ninth and Los Ang...
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This is an appeal by the defendant from a conviction of murder in the second degree. A great number of alleged errors are urged by the attorneys for the appellant upon a record which leaves no doubt of the guilt of the defendant.[1] The first contention i...
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The respondent moved to dismiss the appeal from a judgment entered against the appellant and also to dismiss a second appeal from an order denying the appellant's motion for an order to set aside a prior order by which settlement of the appellant's proposed transcript of the record on the appeal from the judgment was denied.
[1] Logically the second motion should be first determined. Voluminous af...
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Page 685
Plaintiff and defendant owned and occupied adjoining tracts of land in Stanislaus County. On the morning of June 7, 1916, a fire started on the ranch of defendant, subsequently spreading to that of plaintiff on the south, and destroyed about 150 acres of standing ripened barley, which plaintiff alleged was of the value of $4,464. Plaintiff claimed that defendant, by reason of his negligence, was r...
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Five former directors of the plaintiff, a going corporation, appeal from a judgment for something *Page 681
over thirty thousand dollars, the aggregate of three dividends paid during their administration, the trial court having found that none of the dividends was paid from surplus profits.
Under two broad contentions, that section 309 of the Civil Code does not permit the maintenance of such an ...
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This is an appeal by the defendant Eugene J. Sullivan from that portion of the judgment in this action which runs in favor of the plaintiff and against said defendant and by which the plaintiff is awarded the sum of $11,215.81. The action was instituted by the plaintiff as the transferee from one Rudolph Spreckels of a lease of certain premises on Fillmore Street, in the city of San Francisco, to ...
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On or about the twelfth day of February, 1915, the board of trustees of the defendant published a notice to architects, calling for plans and specifications in detail for a proposed addition and extension to the- high school building of the district. It was stated in the notice that “the said trustees will award to the architect whose plans and specifications in detail are adopted” a specified pr...
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Defendant appeals from a judgment rendered in favor of plaintiff.
The complaint contains two counts. [1] In the first, it is alleged that plaintiff, at the special instance and request of defendant, sold and delivered to him goods and merchandise of the value of $111.08, which allegation the court *Page 668
found true. The finding is attacked for want of sufficient support in the evidence. It app...
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On the fourteenth day of December, 1917, defendant, in Kern County, sold for delivery to plaintiff on or about December 17th, eighty-eight head of hogs of an average weight of 210 pounds, for the price of thirteen and one-half cents per pound, on account of the purchase of which and as part payment thereon plaintiff at the time paid to defendant by check on the American Savings Bank at Los Angele...
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In this action recovery of damages is sought for defendants' alleged breach of a written contract to sell and deliver to plaintiff five hundred bags of beans.
Judgment went for defendants, from which plaintiff appeals, claiming the court erred in sustaining defendants' objection to the reception of the contract offered in evidence, upon the ground that, while signed by defendant as seller, it was ...
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In this action plaintiff sought a judgment for the return and redelivery to him of certain personal property, alleged to have been deposited with the defendant as bailee and by the latter converted to its own use, or the value thereof, alleged to be $320.25, together with $150 for time and money expended in pursuit thereof.
Judgment went for defendant, from which plaintiff appeals on the judgment-...
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Plaintiff brought this action to recover upon a written instrument made and executed by defendant to George Mezutani (plaintiff’s assignor), whereby she acknowledged that she was indebted to him in the sum of $805.43. Judgment went for plaintiff, from which defendant appeals. Defendant’s answer, while admitting the execution and delivery of the writing, alleged that it was made and delivered as...
Views: 1
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The plaintiff is the owner of certain property situate on Mariposa Street, in the city of Fresno. He brought this action to enjoin the superintendent of streets from entering into a contract with the Improvement Company pursuant to an award for the doing ...
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This is an appeal from a judgment in favor of defendant in an action brought by plaintiff, as *Page 642
trustee in bankruptcy of the Knox Automobile Company, to recover the purchase price of a combined hose and chemical fire apparatus sold to the city by the Vance-Canavan Motor Company, as agents for the Knox Automobile Company. The defendant alleged payment and facts upon which it claimed an est...
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Appellant, Pacific Coast Casualty Company of California, was sued by the respondent to recover damages suffered by collision with a motor jitney bus owned and driven by the defendant Holloway. The latter was insured against liability under a casualty insurance policy issued by the appellant, which policy, by its terms, inured to the benefit of anyone having a cause of action arising out of the ne...
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The facts in this case, so far as material to the issues on this appeal, are that one H. A. Miller, engaged in the printing business, being indebted to a number of creditors, including the plaintiff, Sierra Paper Company, a corporation, in varying amounts aggregating several thousand dollars, executed a chattel mortgage upon his printing plant, securing his promissory note for the entire indebtedn...
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This is an appeal by defendants from a judgment in favor of plaintiff upon a promissory note executed *Page 629
by E. D. and R. B. MacIntosh, payment of which was guaranteed by defendant Duffet.
The court found that plaintiff was the legal owner and holder of the note, which by its terms was made payable to the Chicago Electric Motor Car Company. [1] Error is predicated upon the fact that the cou...
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Plaintiff appeals from an order changing the place of trial of this action from the count of Los Angeles to the cit and count of San Francisco.
The order was made on the application of the defendant Seller on the grounds that he is a resident of San Francisco, that no cause of action exists in favor of plaintiff against the other defendant, J. E. Armstrong, and that the attempt to state a cause of...
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Action to recover on a contractor's bond given pursuant to the provisions of section 1183 of the Code of Civil Procedure. Judgment went for plaintiff, from which defendant appeals on the judgment-roll.
[1] It appears that the Boynton Company and the Nelson Manufacturing Company furnished materials to a subcontractor and used in the construction of a building, for which payment was not made, which ...
Views: 1
Upon the trial of this action the court found: "That within one year last past, to wit, in the month of February, 1917, the defendant kept five hundred and eighty (580) head of cattle in a certain pasture belonging to plaintiff for a period of about nine (9) days; and that the *Page 619
pasture so received by defendant from plaintiff was of the reasonable value of four hundred and thirty-two ($43...
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In this action plaintiff sued to recover $275 as the value of personal property alleged to have been converted by defendant, and also to recover damages in the sum of two hundred dollars, claim for which was based upon alleged expenditures made in the pursuit thereof.
The court found that defendant converted the property as alleged, the value of which it found to be $240, but it was untrue that pl...
Views: 4
Upon the ground that the complaint did not state facts sufficient to constitute a cause of action, the court sustained an objection to the introduction of any evidence thereunder and gave judgment for defendant, from which plaintiff appeals.
The action is based upon a policy of fire insurance issued to May Prutsman upon property of which she was the owner and upon which she had executed a deed of ...
Views: 3
In this case defendant appeals from a judgment rendered against it in the sum of $435.38 as damages for the breach of a contract.
The order of the court in overruling defendant's general demurrer to the complaint is assigned as error. The complaint alleged the making of the contract, set out in haec verba, from which it appears that, on June 12, 1917, plaintiff agreed to sell and defendant agreed ...
Views: 1
The appeal is by the plaintiff from an order dissolving a restraining order and denying a motion for an injunctionpendente lite.
This complaint is verified and is in two counts. In the first thereof it is stated that one Charles Margaroli is the owner of certain land in the county of San Luis Obispo; that, on August 14, 1917, said Margaroli "let the said premises to plaintiff for ten years from sa...
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The plaintiffs brought suit against the defendants to recover from them an amount alleged to be due under the terms of a written instrument claimed by plaintiffs to be a lease with option to purchase, and relating to certain real property in the city of Los Angeles. The defendants denied any liability, claiming in their answers that the writing in question was not a lease with option to purchase, ...
Views: 12
Appeal by plaintiffs from a judgment in their favor for the sum of $1,306.94. The appeal is taken upon the judgment-roll alone, and from the facts found by the court it appears that the plaintiffs, husband and wife, on October 1, 1912, entered into a written agreement with the defendant R. A. Fowler, by which they granted to Fowler an option to purchase certain real property situate in the city of...
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This is an appeal by plaintiff from an order made after judgment requiring him to pay defendant the sum of $60 per month as alimony pending plaintiff's appeal from an interlocutory decree of divorce, and the further sum of $25 to pay for printing defendant's brief on that appeal.
Plaintiff commenced an action for divorce against defendant. Defendant filed an answer and cross-complaint. The trial c...
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[1] From an examination of the clerk's transcript, prepared in accordance with the alternative method of appeal, we learn that the plaintiff in this action gave notice of appeal from an adverse judgment and from an order made after judgment denying plaintiff's motion to vacate and set aside the same. The latter motion appears to have been, in effect, a motion for a new trial, and, so considered, t...
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This is an appeal from a judgment in favor of certain defendants in an action in interpleader brought by the plaintiff, as county treasurer of Los Angeles County, to determine certain conflicting claims to certain bonds issued by the said treasurer under the provisions of the Road District Improvement Act of 1907.
The facts out of which the controversy arose are undisputed and are briefly these: T...
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Appeal by defendant from a judgment entered in favor of plaintiff.
The action is to recover upon a claim against the estate of J. F. McDermott, deceased, presented to the executor and by it rejected. As appears from the complaint, the claim grew out of the fact that plaintiff borrowed from deceased three hundred dollars and by grant deed, intended as a mortgage to secure same, conveyed to the lend...
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Robert P. McMullen was the contractor for the construction of certain schoolhouses for the Tropico School District and, pursuant to the provisions of Act No. 2895, entitled, "An act to secure the payment of the claims of materialmen, mechanics, . . . employed . . . upon . . . municipal, or other public work" (Deering's Gen. Laws, 1915, p. 1467), caused defendant, as surety, to execute the bond spe...
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Plaintiff brought this action for personal injuries, alleged to have been caused by the negligence of defendant in so propelling one of its street-cars that it struck plaintiff's automobile while stalled on the track in plain view of the motorman in charge of the car. It is further alleged in the complaint that, at the time, the street-car *Page 568
was being operated at a dangerous and unsafe ra...
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Action to recover on a contract of subscription for stock of the plaintiff corporation. Judgment for the defendant, from which the plaintiff appeals.
[1] The facts are closely like those shown by the record inMerchants Realty and Investment Co. v. Kelso, ante, p. 218, [189 P. 116]. On the authority of that decision, the judgment in this case is affirmed.
*Page 1 ...
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This is an application for a writ of mandate directing the defendant, as said clerk, to transmit to the clerk of the superior court of the city and county of San Francisco the files in an action for divorce commenced by plaintiff against one C. L. Searcy, the material events of which occurred in the following order:
1. September 19, 1919, action commenced in the superior court of said city and cou...
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This is a proceeding in which the admission to probate of the holographic will of George A. Little, deceased, is contested by Clara M. Sparling, a sister of the decedent. At the close of contestant's case, the court granted a motion for nonsuit, made by the proponents of the will, and admitted the will to probate. The appeal is by contestant from said order granting a nonsuit and from said judgmen...
Views: 7
An information was filed against the defendant in the superior court of the county of Humboldt, state of California, wherein he was accused of the crime of selling alcoholic liquors in no-license territory, the particular allegation being “that heretofore, to-wit, on the 29th day of July, A. D. 1919, the said J. A. Bickerstaff within the boundary of said ‘no-license’ territory, in supervisorial di...
Views: 0
By his petition for a writ of habeas corpus, the petitioner, Henry Tahbel, father of Bodo Tahbel, a boy fifteen years of age, seeks his son's release from "Juvenile Hall," a detention home, in the city of Los Angeles, established under the juvenile court law as a place for the confinement of delinquent minors, and to which the boy was committed for refusing to answer certain questions when a witne...
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The insurance company appeals from a judgment for $7,440, with interest, amounting in all to $8,020, against it under an accident insurance policy providing for death benefits in favor of the widow of Luke Kelly, the assured. The form of the policy is unusual. It is described as a "Five Year Term" policy. It was accompanied by a collateral agreement, in effect a non-negotiable note, by which the a...
Views: 2
This is an appeal from a judgment of nonsuit in an action for the rescission of three separate executory contracts for the sale of real property from the respondent to the appellant. Each contract is the subject of a separate count in the amended complaint. A fourth count was added, being a common count for money had and received.
The plaintiff sought to have said contracts rescinded because of so...
Views: 0
Plaintiff corporation instituted this action to foreclose a mortgage on real estate of the defendants. The complaint contained the usual allegations in a suit of this nature, including the mortgage in full, wherein it was provided that in the event of foreclosure a reasonable attorney's fee, to be fixed by the court, was to be paid by the mortgagor. The essential allegations of the complaint were ...
Views: 0
The appeal in this case is taken from a judgment entered in favor of the defendant.
Frank E. Clark and Margaret T. Clark were husband and wife. The husband died in June, 1911, and the wife three years later. Upon the death of the wife certain securities were found in a safe-deposit box containing effects of the latter. The securities were contained in envelopes which bore indorsements thereon sign...
Views: 1
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The action was brought to recover damages for personal injuries sustained by plaintiff Tillie Barton in an aut...
Views: 7
The respondent, Universal Lumber Mill Company, was a party to and a cross-complainant in a consolidated action to enforce the payment of certain mechanics' liens. Defendant Frey was the owner, defendant Campbell was the original contractor and cross-defendant, and the cross-defendant and appellant Pacific Surety Company was the surety upon the contractor's undertaking, conditioned on the faithful...
Views: 1
This is an appeal from a judgment in favor of defendants following an order granting their motion for nonsuit. Plaintiff sued as surety in subrogation under the provisions of the "Workmen's Compensation, Insurance and Safety Act" [Stats. 1917, p. 831], to recover damages for negligence on the part of the defendants resulting in the death of one Eugene P. Nolan. The decedent was an employee of the ...
Views: 14
This is an action brought to quiet title, and for an injunction to restrain defendants from interfering with plaintiff's possession of the property in question, and the defendant Carrie F. Holder Smith from conveying or encumbrancing the title thereto, with a further prayer "that it be adjudged and decreed that if said defendant Carrie F. Holder Smith has any title in said property, the said title...
Views: 4
This is an appeal from a judgment in favor of plaintiff following the verdict of a jury in an action brought to recover damages for breach of contract. Generally, *Page 689
ally, the facts material to the opinion are: That plaintiff and defendant entered into a written contract whereby plaintiff agreed to grade certain streets in the city of Los Angeles in accordance with plans and specifications...
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Plaintiff for herself, and on behalf of her assignors, brought this action against the defendants, copartners conducting the St. Catherine's Hospital, in the city of Santa Monica. The action is one for damages, the amount of which is alleged to be the value of services during the time plaintiff and her assignors were employed at said hospital, at the rate of fifteen dollars per week. The trial was...
Views: 5
Plaintiff brought this action to recover the sum of $1,889.59, together with interest, alleged to be due as commission, for negotiating a contract for the purchase of crude oil. Defendant appeals from the judgment in favor of plaintiff, and from an order denying motion for a new trial. The latter appeal was unauthorized and is dismissed. (Code Civ. Proc., sec. 963.)
The complaint sets out in full ...
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[1] This is an application for a writ ofmandamus. The application is based upon private rights only. The matters to be litigated are not publici juris. Nor does it appear that some peculiar emergency or exigency exists such as would justify the issuance of the writ by this court in the first instance. The petition shows no sufficient reason why the application should not have been made to the supe...
Views: 0
Action to recover upon a policy of fire insurance which covered plaintiff's building and contents consisting, among other things, of a stock of merchandise, and all of which is alleged to have been totally destroyed by fire.
Judgment went for plaintiff as prayed for, and defendant appeals.
[1] The policy contained a clause that "this company will not be liable for loss (unless fire ensues, and in ...
Views: 0
The petition for a hearing in this court is denied.
The opinion of the district court, in answer to the appellants’ proposition that the defendant was not entitled to *674rescind the contract while he was himself in default by nonpayment of installments due on the purchase price, says that “the vendors accepted overdue payments from time to time under the contracts, and thtus waived the provision ...
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This is • an appeal from a judgment in favor of plaintiff in an action for damages resulting from a collision between an automobile he was driving with one that was being driven by the defendant. The accident occurred at the town of El Rio, Ventura County, at about 8 o’clock of the morning of December 24, 1915. At that time the plaintiff was driving in a southerly direction on a crossroad toward t...
Views: 0
The petitioner was arrested for violation of section 58 of Ordinance No. 3361, New Series, of the city and county of San Francisco, which is designated as "Imposing License Taxes on certain Businesses, Callings, Trades or Employments," etc. Section 58 is as follows:
"It shall be unlawful for any person to sell in the City and County of San Francisco any theater ticket or opera ticket, or ticket of...
Views: 8
This is an appeal from a judgment in favor of the plaintiff and against the defendant for the sum of one thousand five hundred dollars, damages for injuries received by the plaintiff, a minor child of the age of nine years at the time of his said injuries, in consequence of an attack made upon him by a chimpanzee which was owned by the defendant and which was negligently allowed to go at large, an...
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is an appeal from a judgment in favor of plaintiff awarding him damages for breach of an agreement dated October 15, 1918, to sell personal property. The agreement, which was in writing, read as follows: “Beceived of E. A. Webb, the sum of $50.00, as first payment on the purchase price of all fixtures, furnishings, safe, show cases, stationery, merchandise and other articles in or belonging to ...
Views: 0
This action was brought upon a promissory note and chattel mortgage securing the same. The note and security had been given in satisfaction of a judgment against defendant on a store account. The defense was that the note and mortgage had been obtained by duress and menace, by means of a threat to levy execution under the former judgment upon defendant's exempt household furniture, and to set the ...
Views: 0
Action to recover on a contract to pay a commission of one thousand dollars for services rendered in procuring an exchange of real property of defendants for other real property. Judgment for the defendants, from which the plaintiff appeals. *Page 638
Appellant contends that the findings "are not supported or justified by the evidence." The record being presented by means of a reporter's typewrit...
Views: 0
[1] Petitioner, in open court, concedes that if the return which the sheriff proposes making were filed it would show, in accordance with the facts, that petitioner *Page 637
is lawfully in the custody of the sheriff of Los Angeles County under a bench warrant issued on an indictment heretofore filed by the grand jury. The writ, therefore, is discharged, and petitioner remanded....
Views: 0
The plaintiff is now and for more than forty-six years has been the owner of certain real estate in Ventura County. She had created on her land an avenue for her convenience and pleasure, and planted thereon as early as 1880 some fifty-five walnut trees of the variety known as black walnuts in parallel rows, the rows being some twenty feet apart. They have grown to be large trees, some of them thi...
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On the twenty-first day of May, 1917, the will of Robert Campbell, deceased, was admitted to probate in the superior court of Butte County and letters testamentary were issued to Robert W. Campbell, as executor. On the 30th of May, following, the above-na...
Views: 8
The plaintiffs filed mechanics' liens on the property at issue herein amounting to the sum of $1,850 for materials and labor actually used and furnished in the construction of a four-flat building, and they brought suit against A. F. Whittington, J. T. Brown, and others for a personal judgment and also to foreclose said liens. The court found all the liens valid and gave judgment accordingly as ag...
Views: 5
This is an action for divorce brought by the plaintiff upon grounds of desertion and extreme cruelty. Defendant denied the allegation of the complaint, and by way of recrimination charged the plaintiff with many acts of alleged cruelty, inflicted upon her by the plaintiff, and with failing to properly support defendant and the two minor children of the marriage. She prayed for the custody of the c...
Views: 2
This is an appeal from a judgment in plaintiff's favor for the sum of five hundred dollars in an action brought by her to recover from the defendants said sum for their alleged failure to perform the terms and conditions of a contract for the sale to said plaintiff of certain real estate.
The cause was tried before a jury, and the facts of the case upon which the jury rendered their verdict in the...
Views: 1
This is an appeal by the defendant from a judgment against him for $682.75, recovered by the plaintiff as damages for personal injuries, alleged to have been caused by the negligent driving of defendant's automobile, which resulted in a collision between it and the plaintiff, causing her injury. The appellant assigns as error the ruling of the trial court in denying his motion for nonsuit, made at...
Views: 6
This is an appeal from a judgment in favor of the plaintiff in an action brought by him to recover possession of an automobile.
As to the facts of the case there is very little, if any, dispute, and they may be briefly summarized as follows: The defendant Lee wished to buy an automobile, and went to one Nelson, a dealer in automobiles, for that purpose. Nelson had such a machine as he wished to bu...
Views: 0
This is an action to foreclose a mortgage on real property in Inyo County. Defendant Connor appeals from the decree of foreclosure, given and made after the entry of his default.
Plaintiff, the holder of the mortgage and the promissory notes secured thereby, filed an amended complaint, making parties defendant, besides the mortgagor and maker of the notes, the defendant Connor and others, who, the...
Views: 7
This is an action upon a promissory note executed by defendants. Plaintiffs are the payees named in the note.
[1] Upon the trial, when plaintiffs sought to introduce their evidence, defendants objected upon the ground that the complaint does not state a cause of action. It is claimed that there is no sufficient allegation of nonpayment. The complaint alleges that "ninety-one dollars and eighty-sev...
Views: 2
The petitioner is the assessor of Tehama County and makes this application for a writ of mandate to compel the respondent, as auditor of said county, to draw his warrant in his favor for the sum of three hundred dollars, which amount is claimed by the petitioner as his salary as such assessor for the month of December, 1919.
The petitioner contends that his salary is three thousand six hundred dol...
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This is an action for personal injuries. The case was tried by the court, sitting without a jury, and judgment was awarded the plaintiff for the sum of $439.25 against the defendants, the Union Label Lithograph Company and R. W. Hornbeck. The defendant, Traung Label Lithograph Company, was acquitted by the court of any culpability in connection with the cause of the injuries complained of by pla...
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The defendants appeal from a judgment for personal injuries sustained by the plaintiff while riding on a motorcycle which, while being driven by one Reed, came into collision with an automobile driven by the defendant, Maude A. Bidwell.
The plaintiff alleged that at the time of the accident he was riding along a public highway "in a westerly direction and was on the extreme northerly side of said ...
Views: 7
Defendant has appealed from a judgment in favor of plaintiff for the principal sum of $650.
[1] It is alleged in the complaint of the plaintiff that Morganstern, McGee, Henning, Hendee, and Casebeer, prior to the first day of February, 1915, as attorneys and counselors at law, were engaged in the practice of their profession as copartners in the city of San Diego; that appellant Clark had been a c...
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This appeal was taken from a judgment awarding damages to the plaintiff. It was alleged in the complaint that a collision which occurred between an automobile driven by the plaintiff and one driven by appellant Dukelow, was the result of the negligent acts of Dukelow, who was employed as a driver by his codefendant. In their answer defendants denied the charge of negligence, and affirmatively alle...
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Plaintiff was nonsuited in this action, the trial court holding that the evidence introduced in support of the cause of action set out in the complaint was insufficient. The appeal is from the judgment which followed. The action was upon a promissory note given incidental to and as a part of a further agreement made between the parties respecting the sale of a certain lot of prune trees. The no...
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Appeal by the plaintiff from an adverse judgment.
Section 324 of the Civil Code provides that upon the refusal of any officer of a corporation to transfer shares of stock when required, such officer "shall be subject to a penalty of four hundred dollars, to be recovered as liquidated damages, in an action brought against him by the person aggrieved." Defendant herein was at the time material to th...
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On the twenty-second day of January, 1917, defendant Laura E. Borton was building a house upon a described lot in the city of Los Angeles. At the same time the plaintiff was the manufacturer for sale of various kinds and classes of wall beds. The defendant Laura E, Borton, being desirous of having installed in the house that she was building, certain wall beds that were being manufactured and sold...
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This action grows out of the following facts: Guy H. Campbell, as the owner of an automobile, left it with A. M. MacKusick, a dealer in used motor cars, with instructions to sell same for five hundred dollars. MacKusick entered into a contract with Reese Brothers for a *522 lease and conditional sale of the car, subject to payments therefor, the former retaining title and possession thereof. A ...
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From the findings of fact made in this case it appears that at various times between the first day of January, 1911, and the tenth day of July, 1911, the defendants represented to the plaintiff that they were the duly authorized agents of the owner of a certain tract of land in Modoc County, California, which land had been subdivided under the name of Willow Ranch Orchard Plomestead Tract, and th...
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The defendant appeals from a judgment for $824 and costs in a suit for damages for personal injuries sustained by the plaintiff. There is only one question to be determined. It was raised by the defendant’s motion for nonsuit, which was denied. It is as to whether or not the trial court should have determined, or this court can determine, as a matter of law that the plaintiff was guilty of cont...
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[1] This is an application for a writ ofsupersedeas to restrain the respondent from proceeding further with a motion (dated February 5, 1920) to dismiss an appeal which has been taken to this court. Said motion *Page 513
made in the trial court was based upon the ground that the undertaking which was filed by appellant was not properly filed.
[2] It is not necessary at this time to pass upon the ...
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This is an appeal from a judgment in favor of defendant in an action to quiet title to certain real property situate in the county of Orange in this state.
The facts material to the opinion are that defendant and one J. W. Hoffman intermarried in February, 1909, and that soon thereafter Hoffman purchased the property in controversy, taking the deed thereto in the name of W. S. Jones. In June, 1911...
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This is an appeal from a judgment in favor of the plaintiffs in an action to quiet title. The complaint is in two counts, in the first of which the plaintiffs, after alleging themselves to be the owners in fee simple and possessed of the tract of land involved in the action, allege that the defendant, George A. Black, claims some interest in said parcel of land adverse to the ownership of plaintif...
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This is an action to quiet title. The complaint is in the usual form. The answer denies all the material allegations of the complaint, except that it is asserted that defendant Julia P. Warden "claims and asserts some right, title or interest in and to said property adverse to plaintiff, and denies that the same are without any right, and alleges that the defendant Julia P. Warden acquired said pr...
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This action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff while riding on a motorcycle, driven by his son, on Citrus Avenue, near the town of Covina, in Los Angeles County. Plaintiff recovered judgment. Defendant appeals, contending that plaintiff's version of the accident, as described by himself and his witnesses, is so irreconcilable with the a...
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On the twenty-ninth day of July, 1918, on the application of respondent Hoffman, the superior court of the county of Los Angeles made the following order:
"The motion of Fred Hoffman, by his attorney, John B. Haas, for the release of certain bonds now in the custody of the Clerk of this Court, having come on regularly to be heard on the 27th day of July, 1918, and it satisfactorily appearing to th...
Views: 0
The controversy is over the satisfaction of a claim of plaintiff for the sum of $2,332. On December 29, 1915, one James L. Frazer entered into a contract with the county of Los Angeles for the construction of a highway known and designated as "Road Improvement District No. 39." For the work to be done by said Frazer the said county of Los Angeles promised to issue its bonds in the amount of $19,49...
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This is an original application for a writ of mandate to compel the respondent as state controller to draw his warrant in favor of the petitioner for the sum of one hundred dollars, payable out of the appropriation of ten thousand dollars made by the act of the legislature, approved May 27, 1919. (Stats. 1919, p. 1209.)
This act was passed, as expressed in section 1 thereof, for the purpose of co-...
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Plaintiff sued defendant for four thousand dollars real estate commission for procuring one Ralph Granger to assent to the terms of an agreement for exchange of real estate, which was drawn by defendant's attorney. The cause was tried before a jury, which rendered a verdict for four thousand dollars in favor of the plaintiff. The trial court granted defendant's motion for a new trial, and from thi...
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Appeal by defendants from a judgment in plaintiff's favor. The action was submitted to the trial court and to this court upon agreed and stipulated facts as follows:
On the twentieth day of March, 1913, the defendant, Nathan Wise, was the entryman upon a homestead of the United States government consisting of 160 acres, located in the county of Los Angeles, state of California, and particularly de...
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This is an appeal from a judgment in favor of defendants in an action brought to compel specific performance of an agreement for the exchange of real properties between plaintiffs and the defendant Fowler.
The following are, in substance, the facts of the case: On February 16, 1917, plaintiffs were the owners of two parcels of real property situate in San Diego County, one parcel being subject to ...
Views: 4
The appeal is on the judgment-roll. The only matter to be determined is whether or not the *Page 457
plaintiff's cause of action was barred as to appealing stockholders of the defendant corporation under facts appearing in the complaint and findings.
The plaintiffs sued the corporation and the two principal stockholders. It was alleged that in 1911 the corporation entered into a contract, set for...
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On June 16 and 17, 1915, the defendant United Firemen's Insurance Company of Philadelphia issued to plaintiff two policies of fire insurance, one in the sum of $350 upon his dwelling-house, and one for one thousand dollars on the furniture therein. Thereafter, by a contract of reinsurance, the defendant British America Assurance Company entered into a contract whereby it assumed the obligations of...
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This appeal is upon a judgment for damages from assault and battery. The court on the trial found that the assault and battery had been committed by defendant upon the plaintiff, that the acts complained of were without cause or provocation, and that they were done maliciously and with intent to humiliate, vex, annoy, and injure the plaintiff. Judgment was for $815 actual damages, and five hundre...
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Plaintiff has appealed from an order of court in divorce proceedings taking from her the custody of her four year old daughter and giving it to the defendant, her husband. [1] Plaintiff was granted an interlocutory decree of divorce upon default of the defendant, and the order giving her the custody of the child was made in such interlocutory decree. Subsequently, on application by the defend...
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This is an appeal from a judgment in favor of defendant after an order of the trial court sustaining its demurrer to plaintiff's complaint without leave to amend.
The allegations of the complaint are that on the twelfth day of May, 1914, plaintiff's husband, during the course of his employment as a stevedore for the Matson Navigation Company, was killed while loading a vessel of that company in th...
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This is an appeal by the defendant from an interlocutory decree of divorce granted to the plaintiff in this action.
The plaintiff sought by his complaint herein, filed on the fourteenth day of November, 1916, to obtain a divorce from the defendant upon the ground of desertion. The defendant in her answer denied that she had deserted the plaintiff, but set up in a cross-complaint that the plaintiff...
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This is an appeal from a judgment of dismissal of the action as to Charlotte M. Price, one of the defendants. The order of dismissal was made upon plaintiffs' refusal to amend after demurrer sustained to plaintiffs' second amended complaint.
The facts set out in the second amended complaint are substantially as follows: That the defendant Indio Levee District, a regularly organized levee district ...
Views: 5
Defendant appeals from a judgment rendered against her in an action to quiet title, tried upon an agreed statement of facts.
The sole question to be determined in this action is the validity of a homestead declared upon property held in joint tenancy. At the time of the declaration of homestead plaintiff and his wife, Minnie Johnson, were the owners of the property in controversy in this action, h...
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This is an action by the judgment creditor of a corporation to recover from the defendants, as stockholders therein, the amount of the plaintiff's judgment out of the unpaid subscriptions of said stockholders. Upon the trial of the cause the action was dismissed as to the defendants other than those who are the respondents herein, but as to these the court made its findings and conclusions of law,...
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Action to establish a parol trust in real estate and, in connection therewith, to compel an accounting by the alleged trustee. Judgment went for defendant,' from which plaintiffs appeal. As appears from the complaint, the action is founded upon the alleged fact that plaintiffs, relying upon defendant’s promises, did, by unconditional grant deed, convey the land to defendant upon his oral agreem...
Views: 0
Ralph Charles Hennigan and H. M. Patterson filed separate petitions asking for letters of administration *Page 416
upon the estate of Mildred L. Patterson, deceased. After a hearing the petition of the former was granted and that of the latter denied. The appeal is by said H. M. Patterson from the order granting letters of administration to said Hennigan and from the order denying letters to hims...
Views: 4
The defendants appeal from a decree quieting the plaintiff's title to a lot of land in the principal business block in the town of Ojai, formerly known as Nordhoff, in Ventura County. The decree also required the removal of a wall built within the exterior boundaries of the plaintiff's lot.
The dispute concerned a strip of land 1.67 feet wide along the division line between the lots of the plainti...
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This action arose out of the following facts: C. H. Forsland and Nance B. Forsland were, on the twenty-fifth day of September, 1917, husband and wife. Trouble and differences arose between them which subsequently resulted in their separation by a decree of divorce. Before the divorce was had and as a settlement of certain property rights they entered into the following written agreement:
"This agr...
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The plaintiff has appealed from a judgment in its own favor, seeking a review of an order of the lower court striking its amended complaint from the files, and directing the entry of judgment as prayed for in the original complaint.
[1] The plaintiff first filed a complaint in claim and delivery and the defendants answered separately. Thereafter the plaintiff gave notice of motion for permission t...
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The action was brought under the "Red-light Abatement Law," the property affected being a one-story brick building known as No. 119 K Street, in the city of Sacramento. The property was owned by the estate of Mary Sweeney, deceased, and Charles T. Burch was the owner of the personal property situated in the premises, which were known as the Casino Theater and Dance Hall. The judgment enjoined the ...
Views: 10
This is an action for money had and received based upon the failure of title to an undivided three-fourths interest in and to a parcel of land sold and conveyed by the defendant to the plaintiff.
We take the following from the defendant's brief as giving a general impression of the case: "In April, 1910, one H. H. McCord owned an undivided one-fourth interest in the land, J. A. Crandall owned an u...
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On the eighteenth day of December, 1915, the plaintiffs and the defendant entered into a written contract in writing by which it was agreed that the defendant would sell, and the plaintiffs would buy all the gas engine fuel oil of a gravity of forty to forty-four degrees, which plaintiffs might require in their business or pumping plant in Riverside County, California, for a period of two years, c...
Views: 0
This is an appeal from a judgment based on a verdict of conviction of the defendant upon the charge of forgery.
The appellant's first contention is that the verdict of the jury was insufficient in form to support the judgment appealed from. The information charged the defendant with the commission of "the crime of felony, to wit, forgery committed as follows": it then proceeded to set forth in det...
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This is an appeal by the defendant from a judgment against him for $2,334.75. The judgment *Page 375
was upon a written guaranty of the indebtedness of the Gate City Oil Company (a corporation in which defendant was a large stockholder) to the plaintiff, which indebtedness arose from the purchase of goods, wares, and merchandise used by the oil company in its business.
The guaranty signed by Flac...
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Respondent objects to the consideration of plaintiff's appeal from the judgment herein, and suggests that the appeal should be dismissed upon the ground that no notice of appeal was ever served or filed. The judgment was entered on the fourth day of February, 1918. On the seventh day of March, 1918, the plaintiff filed in the office of the clerk of the court below a document addressed to H. J. Lel...
Views: 1
Prior to June 27, 1917, Xenophon Bouris was, and is, the "registered owner" of a lot in Los Angeles County, registered under the land title law, an initiative measure adopted by the people at the election of *Page 364
November 3, 1915 (Stats. 1915, p. 1932), whereby a system for the registration of land titles is provided. This law is of the class commonly known as Torrens laws, the designation b...
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The defendants appealed from a judgment against them in a suit in replevin for certain bar fix
*360
tures and furnishings installed in a saloon in Los Angeles under a contract between one Conroy and the Brunswiek-Balke-Collender Company, the plaintiff's assignor. The judgment was for the return of the property claimed-, except a small part concerning which there is no dispute and w...
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This is an appeal by the defendant J. J. Rosenmayer from a judgment against him alone in the sum of $3,534.96 for commissions upon the sale of goods. The plaintiff is the assignee of Sutphen Company, a copartnership engaged in business as brokers and manufacturers' agents in the city of Chicago. The defendant was engaged in Los Angeles in the business of buying cauliflower from the farmers and pa...
Views: 0
The complaint is in four counts. In the first count, after stating the corporate capacity of the defendant, it is alleged: "That the defendant employed the plaintiff to superintend and take charge of the management of the irrigation plant of the defendant at a salary of five dollars per day, and the plaintiff began under said employment on February 23, 1914, and continued to work for the defendant...
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From a decree of foreclosure of a mortgage on real property in the county of Los Angeles, defendant, Florence A. Barr, prosecutes this appeal.
On the first day of April, 1914, Walter G. McCarty Company, a corporation, executed to plaintiff a promissory note in the sum of four thousand dollars, payable three years after date, with interest at eight per cent per annum, payable quarterly. Said note c...
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[1] We are always anxious to get an appreciative understanding of appellants' troubles, whether real or imaginary; but it must be confessed that in this case we have studied the record on appeal – if such it may be termed – in vain to find any connected legal history of the transactions involved. The appeal is taken on the alternative plan, and the purported transcript contains motions, decrees, o...
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This is an appeal from a judgment of dismissal after demurrer sustained to complaint without leave to amend. Plaintiff brought the action as a member of the defendant lodge to enjoin it from serving beer to the members at luncheons and banquets in violation of an ordinance of the city of Glendale prohibiting the serving or distribution of malt or spirituous liquors by any person, club, corporation...
Views: 0
Defendant was charged with the murder of Albert Reidinger. He was tried, convicted of murder in the first degree, with the punishment fixed at life imprisonment. This appeal is from said judgment of conviction and the order denying defendant's motion for a new trial.
On the 29th of May, 1919, the defendant approached George Baldwin, and offered to sell him a Ford automobile, which, he said, "was c...
Views: 12
The defendant appeals from a judgment against it by which a contract for the sale of an organ with piano attachment was declared rescinded. The plaintiff was also given judgment for money he had paid on account of the stipulated purchase price of the instrument.
[1] At the opening of the trial the defendant's request for leave to file an amendment to its answer was denied, and this is assigned as ...
Views: 4
Respondents have made a fair statement of the case which we substantially adopt. From the complaint it appears that certain oil companies were operating in Kern County, and that waste oil escaped from their works and flowed down a watercourse adjoining their lands. This oil was carried by the water beyond the lands operated by *Page 307
said companies, across lands claimed and occupied by defenda...
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The plaintiff brought this action to quiet title to certain lots in the town of Monrovia, Los Angeles. The complaint is in the usual form, merely alleging the plaintiff's ownership and that defendant, without right, claims an interest in the property. The answer consists of a denial of the allegations of the complaint and of a claim of ownership in the defendant. The findings of the court were to ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 289
This action, like that of Beal v. Smith et al., ante, p. 271, [189 P. 341], involves the transactions growing out of the organization of the United Properties Company in December, 1910. The demurrers of the several defendants to the amended complaint were...
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In this action plaintiffs seek to recover damages for personal injuries suffered by the plaintiff Howard by reason of alleged negligence in the operation of an automobile of the defendant. Additional damages are claimed for injuries to the plaintiff Howard's automobile. The injuries complained of were the result of a collision between the automobile of the plaintiff Howard and the automobile of th...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 384
This is an appeal from a judgment of conviction of murder in the first degree, for which the defendant was sentenced to imprisonment in the state prison for life.
The first error assigned by the appellant is that the trial court erred in refusing to grant...
Views: 0
Page 809
The determination of this matter depends on the validity of a recent amendment to the San Francisco License Ordinance and particularly to the section thereof relating to the resale of theater tickets, for the violation of which the petitioner was arrested.
On behalf of the municipality it is maintained that the provisions of the ordinance were adopted by the local legislative body in the exercise ...
Views: 1
The action is prosecuted under what is known as the "Red-light Abatement Act" (Stats. 1913, p. 20).
The complaint alleges that the premises and building known as "No. 222 L Street," in the city of Sacramento, and described as the "East one-half of Lot No. three, in the block or square bounded by and between L and M and Second and Third Streets of said city of Sacramento," were, and for some time p...
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The defendant was charged by information with the crime of grand larceny, it being alleged that on or about the twenty-fifth day of October, 1919, he took and drove away a Buick automobile belonging to Charles E. Johnson. He was tried, convicted, and sentenced to imprisonment in the state prison. This appeal is from the judgment of conviction and the order denying defendant's motion for a new tria...
Views: 0
For personal injuries received plaintiff by his guardianad litem brings this action to recover damages for the negligence of defendants. The case was tried before the court with a jury and plaintiff obtained a verdict. From the judgment defendants appeal.
The plaintiff, a boy of twelve years of age, was on December 28, 1917, riding a bicycle northerly on Fern Street, in the town of Watts, Los Ange...
Views: 1
This is an appeal by plaintiff from a judgment in favor of the defendant in an action for damages for personal injuries received by plaintiff in a collision with an automobile owned and driven by the defendant.
The questions to be determined relate to the refusal of the trial court to give certain requested instructions to the jury.
A brief outline of the facts of the case will be of advantage in ...
Views: 3
Plaintiffs commenced this action in equity against the defendant as administratrix of the estate of her deceased husband to procure a judgment establishing their claim against said estate, based upon two promissory notes not then due and to impound and sequester sufficient funds of said estate in order that said claim might be paid in due course of administration when due. The amended complaint al...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 611
The facts upon which this appeal is based are stated in our former opinion herein. The conclusions there reached as to items one and three of the policy in question are not questioned on this rehearing. We therefore adopt that opinion in part as follows:
...
Views: 1
This is an appeal from a judgment in favor of the defendants in an action brought to recover the sum of $525.40, a balance alleged to be due on the purchase price of certain vetch seed and of a certain bacterial preparation known as Westrobac, purchased by the defendants from the plaintiff.
The complaint was in two counts, each for goods sold and delivered and each referring to the same transactio...
Views: 6
Action to recover damages resulting from breach of warranty. The defendant appeals from the judgment.
The action is based upon a contract dated February 28, 1912, which, as written, was entered into between the defendant as party of the first part and E. J. Wilson and J. P. Firth as parties of the second part. It was provided therein "that the party of the first part agrees to sell and the parties...
Views: 18
[1] The petition, in substance and effect, is based upon a want of evidence sufficient to warrant the conclusion of the commission that petitioner's disability terminated September 8, 1919. No attempt is made to state "all the material evidence" relative to this point. The petition, therefore, fails to comply with the rules promulgated by the supreme court (subd. 4, Rule XXVI, 183 Pac. viii).
Pe...
Views: 0
This action was instituted by the plaintiff to recover possession of the premises involved in it from the defendants, who were alleged to be tenants of the plaintiff and to have failed to pay their rent, and also failed and refused to surrender possession of the premises to the plaintiff *Page 446
as the owner thereof. The answer of the defendants denied their relation as tenants of the plaintiff...
Views: 0
Appellant was convicted of the crime of rape and he appeals from the judgment and the order denying his motion for a new trial. He was jointly charged with one Willard Carlson but he was tried separately. The prosecutrix was fifteen years of age, and the evidence shows quite conclusively that she was the victim of a brutal assault committed by the defendants acting in concert. Indeed, it would hav...
Views: 13
This is an appeal from a judgment for defendant entered after an order sustaining a demurrer to a complaint without leave to amend. The action was brought by the widow and minor children of Alfredo Dominguez, deceased, to recover damages for the death of said deceased, alleged to have been caused by the negligence of the defendant. The complaint alleged that on the fourth day of February, 1918, th...
Views: 12
Plaintiffs, stockholders in the defendant corporation, El Dora Oil Company, brought the action for the purpose of having canceled certain deeds of trust and chattel mortgages given by said corporation to secure the payment of certain promissory notes, aggregating eighty-five thousand dollars, in favor of defendants, John Shrader and the Ohio Valley Construction Company, a copartnership, consisting...
Views: 4
In this action the complaint contains two counts. By the first cause of action plaintiff seeks to recover the sum of $863, alleged to be the reasonable value of a certain line of concrete pipe laid and constructed upon defendants’ premises at their special instance and request; and by the second cause of action recovery is sought for the construction of another line of pipe for which defendants, ...
Views: 1
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