Court Cases
| Most Popular Cases |  |
Cases with Faces | |
Cases by Type |  |
Cases by Reporter |  |
Cases by Year |  |
All Reporters → cal-app-lexis → Volume 1927
Opinions in cal-app-lexis Volume 1927
This appeal arises out of an action of unlawful detainer. The complaint is drafted in the usual form. Among other things, it is alleged that the defendant entered into possession of the property of the plaintiff under an oral agreement, by the terms of which the defendant agreed to pay on the first of each month as rental the sum of $100. It is further alleged that at the time of the filing of the...
Views: 1
Hearing on writ of habeas corpus. There are but two issues involved.
The first point is whether an allegation in a complaint in the municipal court alleging a prior conviction in the "Police Court of the City of Los Angeles" on a day after such police court had ceased to exist is a sufficient allegation of a judgment of prior conviction in the municipal court of said city to justify the court in i...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 194
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 195
Defendants, in separate appearance, appeal from judgment in favor of plaintiff, decreeing a dissolution of par...
Views: 5
Defendants' demurrer to plaintiff's second amended complaint was sustained without leave to amend. Judgment in defendants' favor was entered accordingly and plaintiff appeals.
The action purports to be one for an injunction and for damages. The complaint contains four counts which are loosely drawn, but it may be gleaned therefrom that by the first cause of action, plaintiff seeks to enjoin the de...
Views: 0
On March 24, 1925, Lila Watson adopted the infant child of Ralph and Mary Newman without obtaining the consent of its father, and on May 15, 1925, at the instance of the father, the order of adoption was set aside. This appeal has been taken from the order vacating, and the question presented for determination is whether under the circumstances hereinafter set forth the consent of the father was e...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 176
This is an appeal by defendant from a judgment in favor of plaintiff in an action for damages.
The action was tried by the court sitting with a jury, and the judgment followed the verdict returned. Defendant's motion for a new trial was denied. *Page 177 ...
Views: 1
This is an appeal by defendant from a judgment rendered in favor of plaintiff, and there is brought for review the order of the trial court denying defendant's motion for a new trial.
The facts will be given hereinafter as the grounds of appeal are considered.
The original complaint was filed on June 5, 1923, alleging that A.J. Bryant, doing business under the name of Bryant Produce Company, shipp...
Views: 5
Plaintiff Jennie Northrup was struck and severely injured by an automobile driven by defendant M.M. Cohn, and this is an action for damages on account thereof. The parties named will be referred to herein as the plaintiff and the defendant, respectively. The jury returned a verdict in favor of the plaintiff and judgment was entered thereon in her favor. In due time the defendant *Page 142
gave no...
Views: 0
This proceeding in mandamus was instituted on behalf of San Benito County for the purpose of requiring the State Controller to deliver certain state warrants for the payment of the total sum of $4,876.90, constituting the county's share of the state "Motor Vehicle *Page 139
Fund" collected by the state under the Motor Vehicle Act (Stats. 1923, p. 568). It is a proceeding identical in its nature t...
Views: 0
The County of San Benito has petitioned this court for a writ of mandate to compel the State Controller to deliver to the county certain state warrants for the payment of the total sum of $29,685.24, representing the county's share of moneys collected by the state pursuant to the terms of an act of the legislature imposing a license tax upon the business of producing, refining and distributing mot...
Views: 1
The court below, on motion of defendant, struck out certain portions of the second amended complaint and sustained a demurrer to the remaining averments thereof. This is an appeal from the judgment entered upon the order sustaining the demurrer, and from an order, subsequently made, denying the motion of plaintiffs to set *Page 113
aside and vacate the order and the judgment sustaining the demurr...
Views: 8
This is an appeal by the defendant Otto Draeger from a judgment entered against him in the sum of $2,700, in an action to enforce specific performance of a contract for the sale of real estate.
The facts are not in dispute and can thus be briefly stated: Alex Kirkpatrick and others were the owners of 160 acres of land in Kern County, California, the title to which stood in the name of Kirkpatrick,...
Views: 1
June 17, 1921, the defendant issued its policy of indemnity insurance to Avran S. Tomich against liability for injuries by accident in the use of his Ford *Page 101
truck to "any person or persons other than passengers carried for an expressed or implied consideration" up to an amount not exceeding $10,000 in any one accident and not exceeding $5,000 to any one person, but excluding "any liabilit...
Views: 3
On August 1, 1881, one Thomas E. Hughes filed with the county recorder of Fresno County a subdivision map of some 2,880 acres of land adjacent to and immediately south of the city of Fresno, California. This subdivision was by Hughes denominated "Fresno Colony," and it divided this large tract into 144 lots of approximately 20 acres each. The Southern Pacific Railroad *Page 95
ran northwesterly t...
Views: 0
Appellant C.H. Spurlock on or about October 16, 1923, insured his automobile with the Royal Insurance Company, which said company is also an appellant herein. This insurance was secured by said Spurlock through one Augustine N. Trainor, who was at said time acting as agent of said company at Fairfield, Solano County, California. While this insurance was in force and effect the car of Spurlock was ...
Views: 0
The plaintiffs brought two actions, under the provisions of section 3819 of the Political Code, to recover excess taxes paid by them under protest for the fiscal year commencing July 1, 1916. The actions were consolidated and tried together. Judgment was entered in favor of the defendant and this appeal is from the judgment. In a former trial judgment of nonsuit was entered. That judgment was reve...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 69
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 70
This is an appeal from a judgment and order denying a motion for a new trial following a verdict for eleven thou...
Views: 20
August 1, 1918, the plaintiffs and R.M. Carr entered into a written contract with defendant Mennillo, by the terms of which Mennillo agreed to purchase the olives grown by the other parties to the contract during the succeeding five years at an agreed price per ton therefor. The contract contained the following clause: *Page 62
"It is understood and agreed that this contract is not to be binding ...
Views: 0
In the petition it appears that in a justice's court in the county of Tulare, a complaint was filed, wherein petitioner was charged with unlawful possession of intoxicating liquor, a misdemeanor. He pleaded not guilty and was tried and convicted.
[1] The evidence was in the form of certain stipulations of fact. Petitioner claims that the court was without jurisdiction to render its judgment agains...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 36
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 37
On November 4, 1916, "The Franklin Amusement Corporation" was incorporated under the laws of the state of Califo...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 22
Plaintiff, the respondent herein, brought this action in unlawful detainer to recover possession of demised premises consisting of an apartment house property; for damages on account of unpaid rents and unlawful detention, and for attorney's fees. Plaintif...
Views: 12
By complaint filed in the supe rior court of Napa County on March 9, 1925, the above-named plaintiff alleged that Samuel W. Backus, Hugh M. Burk, B. A. Forsterer, E. L. Hawk, E. B. Hinman, Harry E. Speas, and Walter D. Wagner were the trustees of the Veterans’ Home of California, and that C. de Colmesnil was the secretary-treasurer of said Home. Plaintiff further alleged that one Henry McOmie, ...
Views: 0
This is an appeal by defendant, Eugene D. Hirsch, from a judgment entered against him upon a verdict of a jury in the sum of $20,719, in an action for damages for personal injuries.
The verdict was divided as follows: $18,000 for physical injuries; $2,719 for medical attention, hospital bills and loss of time.
The essential facts are not in dispute and may be thus briefly stated: The plaintiff and...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 101
In this action a jury trial resulted in a verdict for the defendants. The action was commenced by the surviving widow and minor children of Thomas Sharkey, deceased, for the alleged wrongful death of said deceased claimed to have been caused by the neglig...
Views: 7
Plaintiff had judgment in an action brought to recover the sum of $1,250 and also to recover 50,000 shares of the capital stock of the Minarets Mining Company. From this judgment the defendant appeals.
The record shows that the Minarets Mining Company was, at the date of the trial, a corporation, and had been such since the fifteenth day of November, 1916; that the plaintiff was engaged in the pro...
Views: 4
This is an appeal brought in an action for personal injuries after three jury trials, in which the final judgment was rendered against the defendant Hill, now appellant. The acts complained of occurred in April, 1917. The complaint was filed in June, 1917, later default entered and vacated and the case was first tried before a jury in July, 1918, with a verdict against both defendants for $2,400. ...
Views: 2
Plaintiff bought certain real estate at an auction sale conducted by defendants, who were real estate agents and auctioneers. He paid $23,600. After the date of sale, the making of a deposit of $1,000, and final payment and receipt of a deed he discovered that the property was materially smaller in size than was represented by the defendants, brought the action against the defendants for damages w...
Views: 2
[1] This appeal is from an order allowing the sum of $4,000 to the respondents, $1,000 of which had already been paid, as attorneys' fees for extraordinary services. The facts are briefly: That appellant is the widow of decedent and the sole legatee under and executrix of the last will and testament of deceased, except that $4,000 was willed to the daughters of deceased by a former marriage; that ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 70
The defendant was convicted of murder in the second degree and appeals from the judgment and from an order denying his motion for a new trial.
It appears that the defendant was employed as a gardener by Harrison Chandler and had been so employed for severa...
Views: 11
The record does not show any motion for a new trial. [1] On appeal from the judgment, defendant contends that the verdict is contrary to law, in that the evidence failed to prove that the minor child was in need of any of the common necessaries of life, and that the evidence fails to show that defendant at any time failed or refused to pay for the support of said minor child. Section 270 of the Pe...
Views: 7
Application for a writ of habeas corpus. The petition recites that applicant is restrained of his liberty by the sheriff of Alameda County. That said restraint is illegal in this, that petitioner has been committed on a criminal charge of grand larceny of an automobile without reasonable or probable cause therefor, as the evidence of the prosecuting witness taken at the preliminary examination sho...
Views: 1
This action is prosecuted by Ruth L. Howell as the surviving widow and Eldon B. Howell as the surviving son of J.B. Howell, deceased, whose death is alleged to have been caused through the negligence of the defendant in maintaining an uninsulated highly charged electric wire in too close proximity to the ground on which the deceased was working at the time he met his death. *Page 46
The record sh...
Views: 13
The appeal in the above-entitled action is from two verdicts by a jury in the consolidated cases, one in favor of Anna Milner for two thousand dollars and one in favor of Olive Milner, her daughter, in the sum of one thousand dollars. These actions grew out of an accident occurring about 9:50 P.M. on the eighteenth day of February, 1922, at or near the intersection of Alvarado and Sixth Streets in...
Views: 1
Petitioner is in jail pursuant to three sentences for violation of the "unlawful possession" provisions of the Wright Act, all within the city of Los Angeles. In each case the charge states and the conviction establishes two prior convictions of like offenses.
The statutory provisions involved are: Wright Act, Deering's General Laws, 1923 edition, page 1396.
Volstead Act, Barnes' Federal Code, 191...
Views: 2
The defendant was convicted of the crime of incest with his daughter. This .appeal is from the judgment of conviction and the order denying a new trial. Appellant contends “that while there is a direct conflict in the evidence in this case, the testimony of the girl ... is so inherently improbable that it is not entitled to' belief.” The girl testified that the defendant committed the act charg...
Views: 2
This action was commenced June 30, 1924. The defendant's demurrer to the complaint was sustained, and thereafter the plaintiff filed an amended complaint reading as follows:
"Amended Complaint for Damages.
"The plaintiff herein, by leave of court first had and obtained, files this amended complaint herein and as and for such amended complaint and for cause of action against said d...
Views: 6
This is an appeal by plaintiff, as administrator of the estate of Rachel Howard, deceased, from an order of sale made on the eighth day of May, 1925, and entered of record on July 3, 1925, granting a writ of assistance in favor of Lucia C. Hopkins, as administratrix of the estate of Ann Cleveland, deceased, and in favor of Lucia C. Hopkins, in her individual capacity, directing the sheriff of Mend...
Views: 4
This is an appeal by plaintiff Gertrude Dee from a judgment denying her an interlocutory decree of divorce from her husband Thomas R. Dee.
These parties intermarried in the city of Chicago on the eighth day of June, 1897, and separated in Denver, Colorado, on or about the fifteenth day of May, 1902, and there is no issue of said marriage and no community property. *Page 18
Mrs. Gertrude Dee comme...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 7
Appellant was operating an aeroplane, and while it was in the air its engine stopped, *Page 8
making it necessary for him to land. He came down in the surf at Venice, and as he landed the aeroplane struck and killed two young girls who were in bathing. The...
Views: 10
The plaintiff commenced an action against the defendant to obtain a decree dissolving a co-partnership and for an accounting. The defendant appeared and answered and filed a counterclaim. The trial court made findings in favor of the defendant and judgment was entered thereon. From that judgment the plaintiff has appealed. In his complaint the plaintiff alleged the formation of the partnership;...
Views: 1
This is an appeal from a judgment entered in favor of defendants in an action brought by plaintiffs to recover damages for an alleged breach of contract to keep the rental for certain premises paid to the landlord, with consequent damages arising from loss of rent from subtenants. [1] The action has for its basis a certain contract entered into between Oliver Kehrlein, Emil Kehrlein, and Emil Kehr...
Views: 4
This is an appeal from a judgment entered in favor of defendant in a suit brought by plaintiff to recover the sum of $1,500, together with interest alleged to be due and owing on a promissory note. [1] The note in question was given as a part of the consideration of a contract entered into between Oliver Kehrlein, Emil Kehrlein, and Emil Kehrlein, Jr., on the one hand and George W. Tatterson, J.M....
Views: 0
MEMORANDUM CASES.
THE COURT.
The facts in this case are in all essential particulars the same as in the case of McOmie v. Board of Directors of theVeterans' Home of California, ante, p. 16 [263 P. 257].
For the reasons stated in the opinion in that case the judgment herein entered by the clerk is reversed and the judge of the lower court is hereby directed to permit the pla...
Views: 2
Petitioner, who was formerly an attorney at law, is under the ban of a judgment of disbarment. He *752 has petitioned for a reinstatement. The matter was sent to referees for the purpose of taking evidence and of making findings thereon as to petitioner’s moral and mental qualifications for reinstatement. The findings of the referees have been presented to us, and they are to the effect that pe...
Views: 0
This appeal is from portions of a judgment and decree given in three consolidated actions. The portion of the decree appealed from divides between the County of Tulare and the City of Dinuba in that county, *Page 745
the county's total share of franchise tolls paid by San Joaquin Light Power Corporation. The payment is required by the provisions of its franchise obtained under the Broughton Act....
Views: 1
A verdict for the sum of $2,495 was awarded against defendant, as executrix of the last will and testament of Sarah Jane Hilliard, deceased, in an action based upon an oral contract the decedent is alleged to have made to pay plaintiff for services rendered decedent during her last illness, in submitting to a blood transfusion and for the damages plaintiff might suffer as a consequence of said ope...
Views: 11
The defendant, by an information in two counts, was charged with the crime of rape of a twelve year old girl. The counts are alike, except that the dates are different. When the case was called for trial the defendant, who was then represented by counsel, pleaded guilty on the first count and the second count was ordered off the calendar. He made an application for probation. While that applicati...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 726
Defendant was tried on an information charging him in two counts with murder of Homer E. Ranes and Mildred Ranes, who were husband and wife, and was convicted of manslaughter on each count. He appeals from the judgment and "from the verdict." [1]
The law ...
Views: 12
Plaintiff sued to recover $2,779 purchase money paid defendants under a written contract for the sale of a quantity of raisins. Judgment went for plaintiff in the sum of $1,000, from which he appeals on a typewritten record. The complaint was framed in two counts—one to recover for breach of warranty of title and of quality and the other a common count for money had and received. It was alleged...
Views: 0
This is a separate appeal by the plaintiff from the same judgment considered in McDonald v. Bernard, ante, p. 717 [262 P. 430], and particularly from that portion of the judgment which denied plaintiff interest on the sum recovered from the date of performance to the rendition of the judgment. The appeal is taken on a separate typewritten transcript.
[1] The contract called the plaintiff's assigno...
Views: 2
Plaintiff sued as assignor of two real estate brokers to recover the commission claimed by them to be *Page 718
due for their services in connection with the proposed exchange of real properties. Plaintiff had judgment for $3,000, without interest, from which defendant has appealed on a typewritten transcript.
The services were performed in accordance with the terms of a written contract wherein ...
Views: 5
This action was originally brought by plaintiffs against Security Trust Company of Bakersfield as defendant for the purpose of having determined the proportionate amount of royalties that certain locators of oil lands were entitled to under a leasing agreement with the Associated Oil Company, which royalties were held by the defendant banking company under a certain trust agreement. The company l...
Views: 0
Charles C. Studarus and Charles C. Studarus, Jr., were copartners doing business as farmers, under the name of Charles Studarus & Son. On October 15, 1924, they filed their petition in bankruptcy in the United
*708
States district court for the northern district of California, and said partnership was on that day adjudicated a bankrupt. Their farming operations had, prior to the ad...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 686
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 687
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 14
Action for damages for the negligent operation of an automobile. The complaint alleges in substance that on or about the twenty-first day of May, 192'6, plaintiff, through his agent, was driving a funeral hearse in a northerly direction on the public highway known as the San Francisco highway, in the county of San Mateo, and was driving and operating said hearse across the highway and entering ...
Views: 0
Judgment was had in this case in the sum of $1,080.41, interest and costs, in favor of plaintiff, *Page 681
and defendant appeals. Through concessions in the briefs the sum in dispute is reduced to $139. It is not thought necessary or useful to detail the original issues of the case, since the only issue for us to decide consists of one point of fact.
[1] Appellant relies upon a statement of acco...
Views: 0
The plaintiff had judgment against the defendant in the sum of $10,000 for personal injuries suffered in a collision between a Ford coupe in which the plaintiff was riding and one of the stages belonging to the defendant. No question is presented as to the amount of damages. The record shows that the plaintiff was seriously injured and left a cripple for life. The facts disclosed by the testimony ...
Views: 8
The plaintiff and respondent instituted this action against the executrix of the estate of Harry L. Weisbaum, deceased, alleging that from January 21, 1921, to July 31, 1921, plaintiff was employed by the H.G. Stevens Company, a corporation, at an agreed salary of $200 per month, of which but $47 had been paid, and that he advanced to the corporation $100, none of which sum had been repaid; that o...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 656
Clifford Tillotson and his mother, Ada Tillotson, plaintiffs and appellants herein, brought this suit in May, 1922, to compel Mary E. Findley, executrix of the estate of Mathew W. Findley, deceased, to execute to them an assignment of two certificates of ...
Views: 1
On petition for review. The undisputed evidence in this case shows that the injured employee received his injury when a tower on which he was working toppled over, and at the time the tower so fell it was not guyed in accordance with safety order No. 1113 (h) of the general construction safety orders of the Industrial Accident Commission, which had been served upon the employer. There is no mer...
Views: 0
Plaintiff brought this action to recover the purchase price of certain sewing-machines alleged to have been sold to defendants by plaintiff's assignor, the Standard Sewing Machine Company. The evidence shows without dispute that the machines were ordered and received by defendants, and that they were not paid for. But defendants claimed and the trial court found that the machines had been shipped ...
Views: 12
Petitioner was arrested for violating the provisions of a municipal ordinance, and seeks to be discharged from custody on a writ of habeas corpus.
The city and county of San Francisco maintains an ordinance imposing a license tax upon various classes of business conducted within its boundaries. Section 83 thereof reads as follows: "Every person, firm, or corporation engaged *Page 638
in the busin...
Views: 0
The defendant entered a plea of guilty to a charge of robbery and the court thereupon took evidence to determine the degree of the crime and adjudged the defendant guilty of robbery of the first degree. The defendant has appealed from the judgment.
"All robbery which is perpetrated by torture or by a person being armed with a dangerous or deadly weapon is *Page 635
robbery in the first degree. Al...
Views: 7
The defendant and appellant was found guilty of robbery upon each of three counts contained in an information filed by the district attorney of Los Angeles County.
From the judgment of conviction and an order denying his motion for a new trial he makes this appeal, and urges three grounds for a reversal.
First. That the court erred in refusing his request that the trial of his case be transferred ...
Views: 0
The plaintiffs, being the surviving widow and children of Richard Averdieck, deceased, recovered a judgment of four thousand dollars for the death of said deceased, caused by the negligent operation of an automobile driven by the defendant. The defendant appeals from the judgment upon the ground that the evidence is insufficient to prove that the negligence of the defendant resulting in injuries t...
Views: 4
The plaintiff brought this action to enjoin the interference by defendant with the natural flow *Page 619
of water from a certain spring and for damages caused by past interference therewith. The facts hereinafter stated appear from the findings.
The plaintiff is the owner of 87 1/2 acres of land, through which Mormon Creek flows, all of such lands being riparian to the stream. The defendant is t...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 603
The defendant was tried and convicted upon an information charging, in one count, that on or about the twenty-eighth day of February, 1926, the said defendant did burglariously, etc., enter a certain dwelling-house belonging to and occupied by one W.A. Li...
Views: 19
The plaintiff applied to the trial court for a writ ofmandamus. The defendants appeared and answered. A trial was had before the trial court sitting without a jury and the trial court made findings in favor of the plaintiff. From a judgment entered thereon the defendants have appealed and have brought up a bill of exceptions.
The plaintiff had commenced the construction of a building for the purpo...
Views: 8
An appeal from a judgment entered against appellant Fonner in an action to recover a debt.
Respondent moved to dismiss the appeal on the ground that the notice of appeal was not filed within the time prescribed by statute.
[1] The judgment appealed from was entered on June 12, 1925, and on June 15, 1925, a notice of its entry was served on appellant. On June 25, 1925, a notice of intention to move...
Views: 2
Petitioner was charged in the police court of the city and county of San Francisco with a violation of section 633aa of the Political Code (Stats. 1927, p. 1931). *Page 586
The complaint alleges that he acted as the agent for a life insurance company, to wit, Metropolitan Life Insurance Company, without first obtaining a license to do so from the insurance commissioner of the state of California....
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 565
This is an action for damages in the sum of twenty-five thousand dollars for the death of plaintiff's minor son, Wong Fook Sam, who, it is alleged, was killed through and by the negligent act of an employee of the defendant. By their verdict, the jury, by...
Views: 3
Plaintiff sued for damages for fraud growing out of the purchase of real property from the defendants. The trial court held that the right of action was barred by the statute of limitations and gave judgment to the defendants. The plaintiff has appealed on a typewritten transcript.
The sale was made under a written deed of conveyance executed on June 28, 1919. The deed described the land as contai...
Views: 3
Action to quiet title. If the tax deed held by the plaintiff is invalid by reason of any of *Page 554
the irregularities mentioned by the defendant the judgment should be reversed, otherwise it should be affirmed.
[1] 1. The defendant calls to our attention the fact that the auditor did not annex his affidavit to the assessment-book of 1913 which contained the assessment on which the tax deed was...
Views: 4
Action to enforce a lien for attorney's fees. The complaint alleges in substance that one Sperro *Page 550
was seriously injured in an automobile accident and being in indigent circumstances he employed plaintiff upon a contingent fee to collect damages for his injuries. Plaintiff agreed to advance all costs and to render all necessary legal services in consideration of receiving one-third of any...
Views: 10
As the assignee of Frank G. Tyrell, attorney at law, the plaintiff had judgment for the sum of $10,545.89 as attorney's fees and costs. From this judgment the defendant appeals.
The record in this case shows that for some years prior to the sixth day of March, 1923, the defendant, Ida Belle Kipp, had been the wife of Bernhardt A. Kipp. That on the sixth day of March, 1923, Bernhardt A. Kipp died a...
Views: 14
It appearing that the petition as filed is erroneously entitled, the title of this proceeding is hereby amended to read as above stated, and the clerk is directed to amend the register and index accordingly.
[1] From the evidence as indicated by the petition and answer, it appears that the accident and the injury to the employee, John Beckler, resulted from the wilful and serious misconduct of one...
Views: 3
An indictment was returned by the grand jury of Los Angeles County charging appellant Dorothy MacKaye Raymond and Dr. Walter James Sullivan in count I of being accessories to a murder committed, and in count II of compounding a felony, to wit, the crime of murder. Dr. Sullivan was granted a separate trial. Count I was dismissed by the court at the close of the people's case. Dorothy MacKaye Raymon...
Views: 6
This is an appeal by the plaintiff the Capitol Woolen Company, a corporation, of New York, from a judgment in the above-entitled action in which the plaintiff was granted a judgment in its favor against the defendant J. Berger, doing business under the firm name and style of Model Cloak Manufacturing Company, for $346.78, together with costs, and a judgment against them in favor of defendant and c...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 484
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 485
Appellant was tried on an information charging him with larceny and embezzlement of certain pipe belonging to ...
Views: 24
The plaintiffs commenced an action against the defendant to quiet title to certain personal property. The defendant answered and a trial was had in the trial court before the court sitting without a jury. The trial court made findings in favor of the plaintiffs and the defendant has appealed.
The defendant owned lots 18 and 19 in Block "K" of the city of Oxnard. He leased the lots to the plaintiff...
Views: 4
An appeal by defendant, Firemen's Insurance Company of Newark, from a judgment entered in favor of the plaintiff in an action on a policy of fire insurance.
The appeal involves the question whether the defendant is liable for the full amount of a loss or for the proportion thereof which the amount of its policy bears to the total amount of insurance on the property insured.
The facts are as follow...
Views: 0
An appeal from a judgment entered against defendant P.M. Reidy in an action for money had and received.
The appeal is presented on the judgment-roll with a bill of exceptions.
It is contended by appellant that the findings are unsupported, and that certain rulings of the court made in the course of the trial were prejudicially erroneous.
[1] According to the testimony of witnesses for the plaintif...
Views: 0
Certiorari to review certain proceedings had before the Industrial Accident Commission.
On December 7, 1926, George Heine filed an application with the Commission for the adjustment of a claim against James L. McLaughlin, the petitioner herein, and New Amsterdam *Page 470
Casualty Company as insurer, and after a hearing an award was made against the parties last named. Subsequently a petition for...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 442
This action was instituted by the plaintiff to recover on a life insurance policy for $1,000, issued by defendant to Nellie L. Beers, daughter of the *Page 443
plaintiff, and in which policy the latter was the named beneficiary.
The cause was tried befor...
Views: 2
An appeal from a judgment entered against defendant in an action for the recovery of liquidated damages as provided by section 324 of the Civil Code.
The facts shown by the record are that on February 11, 1925, the defendant was the president of L'Italia Press *Page 437
Co., a corporation organized and existing under the laws of California, with a capital stock of one hundred thousand dollars div...
Views: 6
On January 13, 1921, the appellant Waller made and executed his promissory note for $375, payable six months after date, with interest. This note was payable to the order of the maker and was by Waller immediately indorsed and delivered to one G. D. Martin, whose connection with the matters in controversy will be presently explained. With the above note defendant Waller also executed a writing ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 420
This is an appeal by defendant Hugh McDonald from a judgment entered against him upon a verdict of a jury in the sum of $5,000 in an action for malicious prosecution. Appellant also appeals from the order denying him a new trial. The order denying a new t...
Views: 0
This action was brought by the plaintiff to recover the sum of $3,250 for commissions alleged to be due under a contract by defendants. The evidence shows that in January, 1922, and for some time thereafter, the defendant Lane was the owner of a large apartment house in Hollywood, known as the Hillview Apartments. Through his agent, the defendant, Norman, he had contracted an exchange with one J.M...
Views: 9
This is an appeal by defendant, C.M. Zadow, from a judgment for $575 and costs rendered against him in the superior court of Los Angeles County.
The facts are as follows: In December, 1920, plaintiff, respondent herein, purchased a restaurant from one Bybee through the defendant, appellant herein, as business chance broker, and in the transaction the plaintiff executed a conditional sales agreemen...
Views: 3
Plaintiffs sued to quiet title and to set aside a trustee's deed on the grounds of fraud. Defendants had judgment, from which the plaintiffs have appealed upon a typewritten transcript.
On March 11, 1918, plaintiffs purchased from defendant Vanoch a piece of property situated in Daly City, San Mateo County, the purchase price of which was fixed at $3,000. One hundred dollars was paid at the time a...
Views: 0
Plaintiff sued for the conversion of two pumps and one cone tank seized by the defendant Taylor, as constable, under a writ of execution issuing out of the justice's court. Plaintiff had judgment against the defendant Taylor alone for the return of the two pumps or for their value fixed at $425 and for $100 damages for their conversion. From this judgment this defendant has appealed on a typewritt...
Views: 1
The petitioner was tried and convicted of a misdemeanor as provided for in section 21 of the Juvenile Court Law (see Deering's General Laws, Act No. 3966, page 1568), and was sentenced to pay a fine of $750, and also to be imprisoned in the county jail of the county of Sonoma for the period of six months. From this judgment the petitioner has appealed to this court and applied to the trial court f...
Views: 2
Plaintiff, the appellant herein, brought this suit in the superior court against the defendant, the. respondent herein, as executor of the estate of Elizabeth Scott, deceased, to recover on two claims for services alleged to have been performed for the deceased by himself and his wife, Sophia A. Dow. The trial was before the court sitting without a jury, and the findings are that all of the alleg...
Views: 0
This is an application for a writ of prohibition to prevent the respondents from conducting any further proceedings on account of an order to show cause why the petitioner should not be punished for contempt of court for failure to pay attorney's fees in a divorce action as ordered and adjudged by the respondent court.
It appears from the pleadings that an interlocutory judgment of divorce was gra...
Views: 8
Plaintiff sued for damages caused by her fall through an open elevator shaft located in an apartment *Page 372
house conducted by defendants. The cause was tried before a jury and resulted in a verdict in the sum of five thousand dollars. From the judgment on the verdict the defendants have appealed on a bill of exceptions.
The cause was previously tried and resulted in a judgment for the plainti...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 361
This is an appeal from that portion of an interlocutory judgment of divorce which holds that sixty acres of land in Humboldt County, and certain personal property, which was conveyed from a husband to his wife "as her separate property," was in fact commu...
Views: 9
In February, 1922, the appellant, Joseph Shelley, and his brother, Sam Shelley, were copartners and were engaged in operating "Army Stores" in San Francisco, Fresno, Eureka, Pittsburg, and Stockton, California, and at Reno, Nevada. They owed large sums of money and were in financial difficulties and their creditors were uneasy. Joseph Shelley and his brother, Sam Shelley, feared they would be pres...
Views: 3
The defendant was convicted and sentenced for the crime of robbery and appeals from the judgment and order denying his motion for a new trial. The *Page 338
principal basis of his complaint is that the evidence is insufficient to justify the verdict, although he does assign as error the admission of certain testimony and also charges misconduct on the part of the district attorney.
At about 9:45 ...
Views: 16
On writ of review of a finding and award by the Industrial Accident Commission rendered in favor of Whi Rim Lee, Duck Wha Lee, and Chan Hi Lee, applicants, of a death benefit and burial expenses in the total sum of $1,745.25, on account of the death of an employee named Yili Soo Lee, and dismissing the employer from the proceeding and discharging him from liability therein.
[1] The first objection...
Views: 1
From the evidence submitted to the respondent Commission on the hearing of an application before it for adjustment of a claim for compensation arising from the death of an employee named John J. Singlaub, the general finding was made that "the evidence does not establish that the employee's death was proximately caused by an injury arising out of the employment." Based upon such finding, it was or...
Views: 10
From the findings made by the trial court it appears that the basic facts upon which the judgment herein is predicated and from which judgment the appeal is taken are that one Isaac W. England and Anna England were husband and wife; that from their community funds they acquired certain real property which, at the request and direction of the husband, was deeded to the wife, and that several years ...
Views: 8
The defendant Costello was tried jointly with Avelino and Raleigh before a jury upon an information charging them with robbery. The jury returned separate verdicts finding each of the defendants guilty of robbery in the first degree, the crime having been committed while each of the defendants was armed with a deadly weapon. From the judgments following these verdicts and from the orders denying e...
Views: 5
This is an appeal from a judgment in favor of plaintiff in an action of unlawful detainer. The points raised by appellant relate to the giving of the statutory notices.
The defendant occupied the premises under the terms of a written lease for a term of years. The lease contained a clause providing that if the lessee violated any of its covenants the lessor might by notice in writing declare the l...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 303
This is an appeal from an order granting a change of venue from Alameda County to Los Angeles, which is the place of residence of the defendant corporation.
Both appellant and respondent are California corporations. The residence and principal place of bu...
Views: 9
The plaintiff commenced an action against the defendants to obtain a decree quieting title to real estate. The defendants appeared and answered. The trial court made findings in favor of the defendants and from a judgment based thereon the plaintiff has appealed.
On September 5, 1907, Albert J. Caswell and wife, as the owners, and C.M. Jensen and Angus Matheson, executed a writing by which the own...
Views: 1
Appellant was, with others, charged by indictment with the crime of robbery alleged to have been committed on or about the second day of March, 1925. He was tried, convicted, and sentenced to the state prison at San Quentin. A motion for a new trial was made and denied, and this is an appeal from the order and judgment. Briefly the evidence shows that defendant entered the office of one Dr. Koenig...
Views: 1
As a brief outline, the facts appear to be that one Florcken was employed by a society known as the Turn Verein Germania to make collections of monthly dues from its members, for which service Florcken was to be paid a commission of ten per cent on the total amount received by the society from such source, whether or not personally collected by him. While acting in the course of and arising out of...
Views: 3
This is an appeal from a judgment entered against plaintiff for failure to amend after the sustaining of a demurrer on the ground that the complaint failed to state facts sufficient to constitute a cause of action. The effect of the challenged ruling upon the demurrer was to hold that an action for conversion does not lie for the alleged appropriation and sale by an agent of a laundry route.
Plain...
Views: 6
Plaintiffs brought this action to recover the purchase price of goods sold and delivered. The complaint contained two counts, one declaring on an open account and the other on an account stated. The allegations were in the usual form, it being alleged among other things that plaintiffs were copartners and that they had duly filed and published a certificate of copartnership to do business under th...
Views: 1
Action by plaintiffs for rescission of deed to real estate based upon fraud and failure of consideration. At the conclusion of the plaintiffs' case judgment of nonsuit was entered and the plaintiffs appeal. *Page 273
In all essential particulars this is a companion case to that of Masero v. Bessolo, ante, p. 262 [262 P. 61], in action Civil No. 3364, this day decided by this court. All the author...
Views: 2
Judgment of nonsuit was entered in favor of the defendant in the above-entitled action begun and prosecuted by the plaintiffs for rescission of a certain deed of conveyance made and executed by the plaintiffs and delivered to the defendant, granting and conveying certain lands and premises set forth in the complaint. From this judgment the plaintiffs appeal.
The amended complaint, among other thin...
Views: 4
[1] Defendant, the appellant herein, leased a store from plaintiff, the respondent herein. The lease contained a provision that it could not be assigned without the written consent of the lessor. The parties entered into an oral agreement whereby plaintiff permitted the assignment for a consideration which the trial court found to be $225. The written consent was given, and defendant refuses to pa...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 248
This is an appeal from a judgment of nonsuit rendered at the close of plaintiff's case, in an action for libel. The plaintiff claims that the nonsuit was erroneously granted, since she had proved a prima facie case by showing that the published language w...
Views: 11
Defendant appeals from a judgment of conviction of the crime of robbery in the first degree. The ground of appeal is the alleged insufficiency of the evidence to warrant the verdict. The complaining witness, upon reaching his home, was informed of a telephone message requesting him to go to the apartment of Miss Harris, a place where he had frequently called before. The message said that a part...
Views: 5
Appellants pleaded guilty to a charge of grand larceny and applied for probation, but before their applications were heard moved the court for leave to withdraw said pleas, and the motion was denied. An appeal was then taken from the order denying said motion and from the judgment of conviction.
[1] The rule is well established that the granting or denying of permission to withdraw a plea of guilt...
Views: 8
This is an appeal by the defendant Louis Henry from two judgments entered against him in favor of the plaintiff and respondent Hammond Lumber Company.
Respondent Hammond Lumber Company brought an action against appellant on February 23, 1922, to foreclose a mechanic's lien for the sum of $868.63. Respondent, on June 15, 1922, brought another action against appellant seeking to recover the sum of $...
Views: 10
The plaintiff Susie W. Perham brought this action against the defendant First National Bank of La Verne to recover the sum of $7,000, which she claims was deposited by her with said bank to be loaned for her benefit.
The case was tried by the court sitting without a jury, and judgment was entered in favor of the defendant First *Page 225
National Bank of La Verne. From this judgment plaintiff pro...
Views: 1
Defendant was convicted of the crime of embezzlement and appeals from the judgment.
The property which was the subject of the crime was an automobile. Appellant sold the car to a certain corporation for the sum of $1,675 and the corporation executed back to him a conditional contract of sale, the car remaining in appellant's possession. Thereafter the alleged embezzlement occurred. Appellant's sol...
Views: 3
The plaintiff commenced an action to recover damages caused by an assault on him by the defendant. The defendant appeared and answered and a trial was had before the trial court sitting without a jury. The trial court made its findings and caused a judgment thereon *Page 219
to be entered in favor of the plaintiff. The defendant made a motion for a new trial, the motion was denied and he has appe...
Views: 1
The defendant was charged by indictment with the infamous crime against nature and upon trial was found guilty. He has appealed from the judgment of conviction and the order denying his motion for a new trial. As grounds for reversal he contends that the trial court improperly limited his cross-examination of the prosecution's witnesses, and thereby deprived him of the right to show that his arres...
Views: 1
THE COURT.
This is an original application for a writ of review by which the petitioner seeks to have annulled an order of the respondent board suspending his license to practice dentistry for a period of five years.
[1] The accusation is in substance identical with that considered in Messner v. Board of Dental Examiners, ante, p. 199 [262 P. 58]. Both accusations relate to the same time and the s...
Views: 0
This is an original application for a writ of review by which petitioner seeks to have annulled an order of respondent Board, hereinafter referred to as respondent, suspending his license to practice dentistry for a period of ten years.
The accusation upon which he was tried alleges that on or about March 25, 1927, he "did wilfully and unlawfully aid and abet an unlicensed person, to-wit: W.M. Coh...
Views: 13
This is an original application for a writ of review by which the petitioner seeks the annulment of an order of respondent Board, hereinafter referred to as respondent, revoking his license to practice dentistry in this state.
The accusation upon which the petitioner was tried alleges that between December 1, 1925, and January 31, 1926, he "did aid and abet an unlicensed person, to-wit: J.P. McEnr...
Views: 1
This is an original application for a writ of certiorari to review an order of the respondent Board, hereinafter referred to as respondent, revoking petitioner's license to practice dentistry.
The accusation upon which such order is based charges that the petitioner herein "did aid and abet an unlicensed person, to-wit: J.P. McEnroe, to practice dentistry unlawfully in the state of California, in ...
Views: 9
This is an action by plaintiff to quiet title to a right of way claimed by it through land of the defendant Spring Valley Water Company situated in the counties of San Francisco and San Mateo. The defendants answered jointly, setting up abandonment of the right of way by plaintiff and its reversion to the Spring Valley Water Company; ownership by defendant State of California of a right of way for...
Views: 8
Plaintiffs entered into possession of lands in Mendocino County under a lease from the defendants for a period of five years from May 16, 1922. The rent reserved by the lease was the sum of $40 per month, beginning June 1, 1922, and payable on the first day of each month thereafter, except that on October 1st of each year the sum of $800 was payable. The lessees made the monthly payments of rental...
Views: 2
The defendant was convicted in the county of El Dorado of the crime of maintaining a common nuisance in the town of Diamond in said county, in that he kept a place where intoxicating liquors were bartered and sold. The information charged that said nuisance was maintained from November 1, 1926, continuously "to the present time." This information was filed June 10, 1927. The defendant entered a pl...
Views: 1
The defendant was convicted in the superior court of the county of Lassen of the crime of grand larceny. He appeals from the judgment of conviction. The only alleged error of the trial court, claimed by the appellant, is that the conviction was had on the uncorroborated testimony of an accomplice, one Paul Hendron.
The question thus presented is properly severable into two parts: First, Was the wi...
Views: 2
[1] The complaint in the municipal court contained at least an attempt to charge defendant therein with commission of the crime of obtaining money by false pretenses, a misdemeanor. Where this is so, and the jurisdiction challenged is that of a court of record, the failure to state all of the facts necessary to constitute such crime does not entitle the defendant to discharge by means of the writ ...
Views: 13
This is an action to recover rent for space in a market house leased by plaintiffs to defendant. The complaint is in two counts, one for rent reserved in a written lease, the other for the reasonable rental value of the premises. In each count there are, in addition, claims for advertising of defendant's business, and furnishing refrigeration in accordance with the provisions of the lease. Defenda...
Views: 2
Plaintiff in this action had judgment against the defendants for the recovery of moneys paid by her and her assignors on account of subscriptions made for stock of the defendant corporation. From this judgment defendants appeal.
It was specifically provided in the subscription agreements entered into between the several subscribers and the defendant Marchus that the subscribers should receive in c...
Views: 2
On the fifteenth day of March, 1926, the Board of Dental Examiners of the state of California, after hearing had upon the accusation charging the petitioner with unprofessional conduct, made and entered its order suspending the petitioner's license to practice dentistry in the state of California for the period of five years. Upon writ of certiorari, this order was annulled. From this judgment the...
Views: 1
This is an appeal upon the judgment-roll alone. The facts material to a consideration of this appeal, so far as shown by the pleadings and findings, are as follows: That the appellant (plaintiff below), at all times hereafter so mentioned, was a minor, over the age of eighteen years. That on the twelfth day of January, 1921, the appellant, as purchaser, entered into a contract with the respondent ...
Views: 0
Defendant was convicted of the crime of obtaining property by false pretenses. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.
[1] Pursuant to the preliminary examination, which resulted in the filing of information against appellant, the committing magistrate held him to answer on a charge of procuring money under false pretenses...
Views: 4
Upon motion of appellants it was ordered by this court that the above cases be consolidated for the purposes of appeal.
A dismissal as to Clara E. Herr and Rebecca W. Avery has been filed by the plaintiffs in Civil No. 5716.
[1] The appeal in the case of Title Ins. Trust Co. v.Wilson et al. is taken by what is known as the alternative method, purporting to be pursuant to sections 953a, 953b, and ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 129
Plaintiffs brought an action in ejectment to recover possession of a lot of land having a frontage of twenty-five feet and six inches on Washington Street, San Francisco. The defendants filed an answer denying the material allegations of the complaint and...
Views: 6
Action by plaintiff for dissolution of partnership and accounting.
The record shows the following: Summons served on the defendant June 4, 1924. Default of the defendant in *Page 122
failing to answer the summons and complaint served in this action entered June 16, 1924. Default judgment dissolving partnership and appointment of commissioner to take an accounting entered June 24, 1924. Accounting...
Views: 3
Defendant, the respondent herein, sold automobiles on commission for Schmidt Mead Auto and Tractor Company, a corporation, of Edwardsville, Illinois, and on the date of the transaction herein involved had owing to him on such account the sum of $1,400. An automobile was delivered to defendant by said corporation, and the defendant drove it to Los Angeles, where plaintiff, the appellant herein, de...
Views: 1
This is an appeal from an order vacating an order dismissing the action for want of prosecution made under the last sentence of section 583 of the Code of Civil Procedure, where the case has not been brought to trial within five years from the date of filing the answer.
The following is a chronology of the case, including correspondence between the attorneys:
September 19, 1917, complaint filed.
O...
Views: 3
Respondent William E. Geiger, Jr., presented to the Industrial Accident Commission his application for an award of compensation for injuries received by him as an employee of Lang Transportation Company. An award was made against the insurance carrier, New York Indemnity Company, on whose petition the writ of review herein was issued. *Page 106
Petitioner contends that the evidence did not justif...
Views: 4
This is an appeal from a judgment against the beneficiary named in an endowment policy of insurance which contained no provision for substitution of beneficiaries. The judgment was rendered on the theory that the interest of the beneficiary had been assigned and relinquished, which is without support in the record.
July 19, 1906, the Metropolitan Life Insurance Company of New York issued a twenty-...
Views: 1
Plaintiff brought this action to recover from defendant upon a written contract of guaranty, as will more fully appear hereinafter. In the court below judgment went for defendant, and thereafter a motion for a new trial interposed by plaintiff was denied. Plaintiff appeals.
The only question before us relates to the application of section 360 of the Code of Civil Procedure, which provides that no ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 476
This is an appeal from a judgment entered on the verdict of the jury awarding respondent two thousand dollars damages for personal injuries received by being struck by an automobile operated by appellant.
Appellant assigns the following errors upon which ...
Views: 2
Upon a record prepared in accord with the provisions of section 953a of the Code of Civil Procedure, and after a motion for a new trial was made by him and denied by the court, the plaintiff prosecutes an appeal from the judgment rendered and entered against him in an action in which he claims damages for injuries alleged to have been negligently inflicted by defendant upon the person of his (the ...
Views: 9
Plaintiff brought this action to quiet his title to a strip of land of which he holds the record title but which is in the possession of the defendant Jane Lester and within her inclosure, they being the respective owners of adjoining parcels of land. The defendant William Lester filed a disclaimer and Jane Lester will be referred to as the defendant. Henry McGuiness will be referred to as the pla...
Views: 0
The action is for damages for the alleged negligent maiming of two horses belonging to the plaintiff. Judgment was awarded the plaintiff in the total sum of $334, which included the sum of $9 for expenditures made by plaintiff in the procurement of the medicine necessary to the treatment of the injured animals. The case was tried by the court without the aid of a jury. The defendants appeal from ...
Views: 0
This is an action brought to recover the sum of four hundred dollars, for which amount the defendant gave plaintiff his check and on which defendant stopped payment. Plaintiff appeals from the judgment rendered for defendant.
Plaintiff and defendant entered into an agreement for the purchase and sale of real estate, wherein defendant gave to plaintiff his check for four hundred dollars as first pa...
Views: 0
On petition filed an alternative writ of mandate was issued. Respondents demurred to the petition on the ground that the same does not state facts sufficient to entitle petitioners to the demanded relief. The case is submitted on this demurrer.
The petitioners appealed to the Supreme Court from a judgment entered against them as defendants in an action in the Superior Court of Los Angeles County. ...
Views: 0
The district attorney filed an information against the defendant charging him with committing the offense defined in section 1 of the Statutes of 1911, page 10, as amended by the Statutes of 1921, page 96. A trial was had in the trial court before the court sitting with a jury. The jury returned a verdict of guilty. The defendant made a motion for a new trial; the motion was denied and he appealed...
Views: 0
An action was brought by appellant against respondent to quiet title to certain real property situate in the city of San Francisco. Respondent filed with his answer» *440 a cross-complaint alleging that on May 22, 1922, James C. Peabody, the predecessor in interest of appellant, executed to respondent a deed to the property absolute in form but intended as a mortgage to secure the payment of ce...
Views: 0
Action upon a check executed by one M. H. Ballou and delivered by him to plaintiff. The check had not been paid by reason of a “stop-payment” order. Since the taking of the appeal defendant M. H. Ballou has died and his executor has been substituted as appellant herein. The complaint alleged in substance that Ballou, on the twelfth day of January, 1924, drew the check upon a certain bank in fav...
Views: 0
The grand jury of Alameda County returned an indictment against the defendant and another charging them with subornation of perjury. John W. McKenzie pleaded guilty and applied for probation; the cause was referred to the probation officer, who made an investigation and filed a report; before the hearing on the report was had the defendant moved to withdraw his plea of guilty and to enter a plea ...
Views: 0
Plaintiff, as a taxpayer, commenced an action against defendants, seeking certain relief to be herein more fully detailed. Defendants filed a general demurrer to the complaint, which demurrer was sustained by the court below and plaintiff was allowed ten days to amend. Plaintiff declined to amend, and, the time elapsing, a judgment was entered that plaintiff take nothing and that the relief sought...
Views: 4
This is a proceeding under section 710 of the Code of Civil Procedure providing for garnishment of moneys owing a judgment debtor from any county, city and county, city, or other municipal or public corporation. In this proceeding the county auditor filed his warrant for the sum of $250 with the clerk of the court in the above-named action. The defendant filed notice of motion to order said sum pa...
Views: 4
Plaintiff sued the three defendants jointly for money claimed to be due upon the purchase price of certain real property. The defendant Baxter alone answered. The cause was regularly set for trial and the appellant failing to appear at the time set, her default was taken, and judgment was entered against her and in favor of defendant Baxter alone. In due time she moved to set aside the judgment, ...
Views: 0
The plaintiff is a corporation organized and existing under the laws of the state of Delaware, and the action was brought to recover an amount subscribed by the defendant for certain shares of the capital stock of the corporation. A general demurrer to an amended complaint was sustained, and, the plaintiff having declined to further amend, a judgment – from which the appeal was taken – was entered...
Views: 0
A proceeding in certiorari to review an award made by the Industrial Accident Commission.
On December 7, 1926, George Heine filed an application with the Commission for the adjustment of a claim for compensation, the defendants named in the application being James H. McLaughlin (whose true name was James L. McLaughlin), *Page 407
who was alleged therein to be the employer of the applicant, and th...
Views: 5
In appellant's opening brief it is said: "Plaintiff . . . sued defendant . . . for the sum of $557.81, the amount alleged due from respondent on a carload of grapes No. PFE 14632, alleging it was one of fifteen cars which respondent had purchased from appellant and which had not been paid for. Respondent filed a cross-complaint, alleging that plaintiff was indebted to him in the sum of $960.64, mo...
Views: 5
On the seventh day of May, 1927, an indictment was filed in the superior court of Butte County, containing four counts charging the defendant with the offense of grand larceny. The jury returned a verdict of *Page 392
guilty upon counts 1, 2, and 3 contained in said indictment and a verdict of not guilty upon count 4.
Count 1 charges the defendant with the theft of two calves, the property of one...
Views: 3
This is an appeal by the defendant, United States Fidelity
Guaranty Company, a corporation, from a judgment entered against it in favor of plaintiffs, based upon a bond and undertaking executed by said defendant as surety for the United States Royalties Company, a corporation.
The case was tried by the court sitting without a jury.
The facts not in dispute are these: The plaintiffs were the owner...
Views: 3
Suit in equity to subject certain property to the satisfaction of a judgment. Plaintiff alleges in substance that defendants Alfred E. Blake and Elizabeth V. Blake intermarried on March 7, 1921, and still are husband and wife. That prior thereto on November 13, 1919, plaintiff, in an action for divorce, against defendant Alfred E. Blake prosecuted in the city and county of San Francisco and number...
Views: 0
Defendants pleaded guilty to a charge of robbery. On a hearing had for the purpose of fixing the degree of the crime, the evidence showed that in the commission of the offense one of the defendants used a large unloaded revolver, although no oral threats were made by either of the defendants, nor was any attempt made by either of them to shoot with such weapon or to strike the victim of the robber...
Views: 13
Plaintiff appeals from judgments of nonsuit in the above-entitled actions.
These actions for damages arising out of the shipment of an automobile from Los Angeles, California, to St. Louis, Missouri, during the month of October, 1920. The defendant Braley operated a garage in which plaintiff had stored her automobile. Acting upon telegraphic instructions, Braley delivered plaintiff's automobile to...
Views: 6
Petitioner is held by the sheriff of San Mateo County on a warrant issued by the city court of the city of San Bruno. He seeks to be released on habeas corpus, claiming that the complaint upon which the warrant was issued fails to state a public offense.
The complaint charged a violation of section 337a of the Penal Code, the facts being alleged as follows: "That on the 22nd day of August, A.D. 19...
Views: 3
This is an appeal from a judgment rendered upon a verdict in favor of the respondent in the sum of five thousand dollars. *Page 357
The action arose out of an automobile accident wherein plaintiff sustained certain injuries as the result of the alleged negligence of defendant. Such facts as may be necessary to a determination of the appeal will appear hereinafter.
The appellant seeks a reversal o...
Views: 1
This action was brought under the provisions of section 749 of the Code of Civil Procedure to determine all adverse claims to the land described in the complaint. The action was originally entitled "Irene Saner, Plaintiff, vs. N.A. Knight, and AllPersons Unknown, etc., Defendants." There was no appearance by any person claiming to be a defendant and on September 8, 1924, upon the evidence presente...
Views: 0
The defendants Beasore and Jones have appealed from three orders of the superior court of Madera County and they are all presented upon the same record. One of said orders granted the plaintiffs an *Page 344
injunction pendente lite and the other two are orders refusing to vacate and set aside the above order for injunction.
The plaintiffs have made a motion in this court to dismiss all of the ap...
Views: 0
The plaintiff in this action was the holder of a mortgage on a growing crop of oats which was the property of the mortgagor, one Sutton. While the latter was engaged in threshing the oats, on his own land, it was agreed between him and plaintiff that he, Sutton, would convey the threshed grain to a certain warehouse and would there store it in plaintiff's name. Sutton hauled the grain to the wareh...
Views: 1
B.H. Jones, the appellant, was arrested by police officers of the city of Alhambra. A complaint was duly filed against him in the police court of said city, charging that "on the 11th day of June, 1923, in said county of Los Angeles, State of California, a misdemeanor was committed by B.H. Jones, as follows: That the said B.H. Jones did at the time and place last aforesaid was wilfully and unlawfu...
Views: 0
The appellant and three other men were charged by indictment with robbery. In one count it was alleged that on or about the eleventh day of April, 1927, at and in the county of Los Angeles, state of California, the defendants did wilfully, unlawfully, and feloniously take from the person, possession, and immediate presence of one Clifford Shaw $3,090, the personal property of the Citizens Trust S...
Views: 0
Plaintiff appeals from a judgment rendered in favor of the defendants in an action brought for money had and received.
Plaintiff and defendants entered into a verbal agreement for the sale of real property whereon plaintiff made a payment of $1,000 to the defendants, which payment was to be applied upon the purchase price of $9,250. Thereafter, on April 9, 1923, the parties went into escrow, and p...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 300
After a trial upon an indictment charging him with the murder of Charles G. Westcott, the appellant was convicted of murder in the first degree, and his punishment was fixed at imprisonment for life. He appeals from the judgment and from an order denying ...
Views: 8
The plaintiff brought an action to recover damages for personal injuries. The defendants answered and a trial was had in the trial court. The jury returned a verdict in favor of the plaintiff. From a judgment based thereon the defendants have appealed under section 953a of the Code of Civil Procedure.
This is the second appeal. (65 Cal.App. 94 [223 P. 87].) The facts are so fully stated in the rep...
Views: 1
In this action plaintiff sought to recover damages from defendants for personal injuries sustained by him as the result of defendants' negligence.
The defendants Joseph Wilson and Claire Wilson, though testifying at the trial, made no appearance in the action and plaintiff did not ask for judgment against them.
The case was tried before a jury and a verdict returned against defendant Orman Crocker...
Views: 3
Judgment was entered in favor of the plaintiff for the amount demanded in the complaint, and the defendant has appealed therefrom. The complaint alleges:
"That defendant became indebted to plaintiff in the sum of $1000.00 as and for the rent of those certain premises Nos. 211 Fourth street and 514 Second street in the city of Eureka, county of Humboldt, state of California, for the period of eight...
Views: 0
This is an appeal from a judgment based upon a motion for nonsuit made by defendant at the close of plaintiff's case.
The facts disclosed by the evidence are as follows: The respondent, The City of Paris, a corporation, is a retail store in the city of San Francisco, dealing in dry goods and various kinds of merchandise and having different departments. In the month of September, 1923, appellant, ...
Views: 9
Appeal from an order refusing to modify a decree of divorce with reference to alimony. It appears from the record that appellant Claretta Greene instituted an action for divorce against respondent William E. Greene on December 15, 1923. Prior to the filing of the complaint the parties entered into an agreement settling their property rights. The agreement after providing for a certain property se...
Views: 0
The plaintiff was given judgment against the defendant in the sum of $1,000 as damages for his false imprisonment by W.F. Montgomery, city marshal of Red Bluff, on whose official bond the defendant was surety. The court found, among other things, as follows:
"That . . . the said W.F. Montgomery, acting in his capacity as city marshal of said city of Red Bluff (maliciously and with force), and with...
Views: 1
This is an appeal by defendant from an order denying a motion for a change of the place of trial from the county of Sacramento to the county of Tehama.
The complaint alleges that W.F. Montgomery, as city marshal of Red Bluff, Tehama County, "maliciously and with force, and without an order, or warrant, or process of any court authorizing him so to do, did arrest and imprison the plaintiff herein ....
Views: 0
This is an original proceeding to review the action of the respondent in adjudging the petitioners guilty of contempt of court.
December 5, 1925, the Alpha Hardware Supply Company commenced an action in the Superior Court of Nevada County against the Ruby Mines Company and other defendants, including the petitioners herein. The complaint therein set up six alleged causes of action, in the first f...
Views: 0
This action is in claim and delivery, and is for the specific recovery of the possession of a certain Nash touring car, or in case possession thereof cannot be had, to recover the sum of $700, the alleged value thereof, together with the sum of $400 as damages for the alleged wrongful detention and use of said car. Judgment passed for the plaintiff in accord with the prayer of the complaint, as ju...
Views: 0
The plaintiff brought this action to recover damages suffered in an automobile collision, alleged to have been caused by defendant's negligence. The answer denies the allegations of negligence and alleges that the plaintiff was guilty of contributory negligence. The defendant also filed a cross-complaint for the recovery of damages to his automobile, alleged to have been caused by the plaintiff's ...
Views: 1
In the summer of 1922 D.G. Maxwell, being the owner of a herd of registered Holstein cattle, entered into an agreement with the plaintiff, by the terms of which the latter engaged to conduct an auction sale of the cattle. The agreement provided that there should be "no by-bidding, direct or indirect," and that the owner should pay a penalty of twenty-five per cent in case of proof of by-bidding. T...
Views: 1
The defendant was charged by an information filed in the superior court of the county of Fresno with the offense of burglary and was convicted. An appeal was taken from the judgment and from an order denying a motion for a new trial.
It is contended that the court misdirected the jury on matters of law, erred in its refusal to give an instruction requested by the defendant, and that a statement of...
Views: 9
Plaintiff had judgment in an action to recover damages to an automobile owned by him, suffered by collision with an automobile owned and driven by the defendant. From this judgment the defendant appeals. In support of his appeal the appellant alleges that the finding of fact that the plaintiff was traveling at a rate of speed less than fifteen miles per hour is contrary to the evidence, and als...
Views: 3
On the seventeenth day of November, 1925, a petition was filed by Mattie M. Stein, one of the juvenile court officers of the county of San Joaquin, in the superior court of the county of San Joaquin, praying that the above-named minors be adjudged wards of the juvenile court of said county. The petition shows that the oldest of said minors was of the age of twelve years and the youngest of said m...
Views: 1
Plaintiffs sued for damages for breach of contract. The cause was tried before a jury, resulting in a verdict of seven thousand dollars ($7,000) in favor of the plaintiffs, and from the judgment following the verdict the defendant has appealed upon a typewritten record.
The complaint alleged that on April 22, 1924, the plaintiffs and defendant executed a written lease covering 120 acres of land ow...
Views: 1
Appeal by plaintiff from a judgment in favor of defendant in an action wherein plaintiff sought damages resulting to him by reason of defendant's failure to place said plaintiff in possession of certain premises.
There is little dispute regarding the facts of the case, and an outline thereof follows:
Defendant Appledorn on January 16, 1920, executed a three-year lease to certain parties named Lund...
Views: 0
Certiorari to review an award of the Industrial Accident Commission. It appears therefrom that one E.A. Joseph was on September 18, 1926, in the employ of petitioner Sperry Flour Company and on that date he came to his death by reason of an industrial injury due to his having been overcome with poisonous fumes while fumigating a warehouse. Thereafter E.M. Joseph, father of the employee, filed an a...
Views: 1
Action by the plaintiff for an accounting and to charge defendant with one-half of losses incurred. The defendant had judgment, and the plaintiff appeals.
The complaint filed herein sets forth two alleged causes of action, one based upon an allegation that the plaintiff and defendant formed a partnership and conducted a partnership for the purpose of buying and selling beans. The second cause of a...
Views: 0
On December 15, 1922, respondent in writing demised to appellant two parcels of land situate in the city of Los Angeles, described therein as follows:
"Parcel 1. The west 147 feet of Lot `A,' and the west 147 feet of the north 10 feet of Lot `B,' of the Davis Figueroa Street tract, in the county of Los Angeles, state of California, as per map recorded in book 5, page 102 of maps, in the office of...
Views: 0
The plaintiff brought this suit in the municipal court of Los Angeles city. The action was one for money had and received, to recover one thousand dollars and costs.
After trial judgment was rendered as prayed the defendants appealed to the superior court, where a trial was had and judgment rendered reversing that given in the municipal court. From the judgment so rendered by the superior court an...
Views: 0
This is an application for a writ of review. It appears that a young woman was employed by the applicant herein as a saleswoman or solicitor for the sale of merchandise. She performed her duties on foot. Her regular hours of employment were from 8 o’clock A. M. to 5 o’clock P. M., and she was assigned to a restricted territory within which to perform her work. Instead of receiving a stated sala...
Views: 5
Petitioner was the employer of one Barnes, who claimed compensation for injuries received, arising out of and in the course of his employment. The principal award, which runs against the employer's insurance carrier, is not questioned here. But the claimant was awarded additional compensation against the employer, upon the ground that the injury was caused by reason of serious and wilful misconduc...
Views: 2
Plaintiff sued as assignee of a promissory note in the sum of $775 executed by the defendants to W. H. Say on January 16, 1924. Plaintiff had judgment and defendants have appealed on a typewritten record. On January 16, 1923, the defendants had agreed in writing to buy certain land from Say, a portion of 'the agreed purchase price being paid at the time and the remainder to be paid in fixed ins...
Views: 0
In this action plaintiff brought suit against defendants on a claim for money due for services performed as a laborer by himself and certain colaborers who assigned their claims to him, which labor and services were performed for defendants J. Wilmshurst and Theodore Manetas in the construction of a certain highway. The defendant Fidelity & Deposit Company of Maryland, a corporation, was made a...
Views: 0
Appellants, together with Charles Carlisle and Ernest Apac, were jointly indicted by the grand jury of the city and county of San Francisco of the crime of robbery. Carlisle and Apac were not apprehended and now are fugitives from justice. Defendants Wilson and De Bardeleben, appellants herein, were jointly tried in said city and county upon the charge and were convicted of robbery in the second d...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 150
The defendant was convicted of the crime of murder of the second degree. This appeal is from the judgment of conviction and the order denying a new trial.
For more than a year prior to the homicide the defendant and Mrs. Pearl Connell, who was of the age ...
Views: 19
This is an action in claim and delivery for the recovery of a certain automobile, resulting in a judgment for damages in the sum of $1,250. By reason of the fact that at the time of the trial the automobile had been sold, possession thereof could not be delivered to the plaintiff. Defendants appeal from the judgment. *Page 144
At a time prior to April 3, 1922, one Walter Hodges was connected with...
Views: 0
This is an appeal by the defendants Pacific Electric Railway Company, a corporation, and R.H. Ludwigson from an order granting a new trial, after the jury had rendered a verdict in their favor.
The plaintiff Gussie C. Buttrick brought this action for damages for injuries which she alleges resulted to her from the negligence of defendants.
The plaintiff made a motion for a new trial upon six ground...
Views: 4
The People are appealing not from the judgment of this case, but only from the order of the court granting the defendant a new trial.
A careful perusal of the evidence shows, even from the cold record, several reasons why the order granting a new trial was made. Conflicts in the evidence appear, even conflicts in statements of a witness on direct and cross-examination, and the evidence casts doubt...
Views: 1
Defendant appeals from a judgment of conviction of the crime of sex perversion as defined and denounced in section 288a of the Penal Code.
[1] The first point presented by appellant for a reversal of the judgment is that, because the principal witness for the prosecution was an accomplice of defendant, a conviction could not have been had on testimony of such accomplice unless it was corroborated ...
Views: 13
This is an appeal from a judgment rendered in pursuance of a verdict by a jury in a contest of the will of Abe Goldman, deceased. Contestant is the son of the testator.
The contest of the will as originally filed presented both the issue of undue influence in the making of the will and that of unsoundness of mind of the testator. On the hearing of the matter, by order of court, the former issue wa...
Views: 1
Plaintiff sued for damages for an alleged libel on the part of the defendant. An amended demurrer to plaintiff’s second amended complaint was sustained without leave to amend and thereafter judgment was entered in favor of the defendant for his costs. From this judgment plaintiff has appealed upon a typewritten judgment-roll. The second amended complaint (which will hereafter be referred to as ...
Views: 2
On the twenty-fifth day of July, 1925, one Ed.L. Wissler, a dealer in new and second-hand automobiles, at Marysville, California, entered into a contract of conditional sale with one Emanuel Kanupes, for a certain automobile known and called a "Jewett Businessman's Coupe." This contract set forth the purchase price of the automobile, the payment thereon of the sum of $440 upon the signing of the c...
Views: 0
Upon a former action between the above-entitled parties the judgment in favor of the plaintiff therein was reversed by this court. Upon the going down of the remittitur the appellants in the action just referred to and the appellants in this matter filed their cost bill which included an item of $289.90 charged as reporter's fees in making up the record to be used on appeal in said cause, as provi...
Views: 0
The defendant was charged by information filed in the superior court of Butte County with the crime of assault with a deadly weapon with intent to commit the crime of murder. The jury before and by whom the cause was tried found the accused guilty of the crime *Page 101
of assault with a deadly weapon. He made a motion for a new trial, which motion was denied, and he brings the case to this court...
Views: 0
This is an appeal by the defendant from a judgment of conviction of manslaughter under an information charging him with the crime of murder. The defendant has filed herein a document designated as, and purporting to be, a brief. All that said document contains, so far as it relates in any way to the merits of the appeal, is the following: “Appellant has not funds sufficient to enable him to emp...
Views: 4
The principal contentions of appellant are, first, that the county in which the offense is alleged to have occurred was not proven on the trial, and, second, that there was no evidence that defendant took the wheat as charged.
[1] As to the first question the attorney-general's brief apparently quoted certain words as to Alpaugh being "in the county of Tulare," which we do not find in the transcri...
Views: 3
This is an appeal by the People from a judgment of dismissal given upon an order sustaining defendant's demurrer to an amended indictment. The amended indictment undertook to charge defendant with a violation of section 72 of the Penal Code, which, at the time of the offense alleged, read as follows: "Every person who, with intent to defraud, presents for allowance or payment to any state board or...
Views: 5
This appeal is prosecuted from a judgment of conviction of defendant for the commission of the "infamous crime against nature." The victim of the assault was a boy of the age of fourteen years, whose testimony with reference to the commission of the offense was to the effect that on several separate occasions, in the night-time, and in sleeping quarters provided by defendant, wherein the prosecuti...
Views: 0
This is an action of unlawful detainer based upon the defendant's alleged violation of a covenant in its lease. The lease provided that the lessee should have the right to use "said premises only for the purpose of carrying on a general mercantile business." Judgment was for the defendant. It was and is the contention of plaintiffs that this condition of the lease was violated by the defendant by ...
Views: 2
Plaintiff appeals from an adverse judgment in an action to recover $1,500 alleged to be due for services rendered as real estate broker in connection with a proposal made by respondent to exchange his ranch in Sonoma County for an apartment house in San Francisco.
It appears from the evidence that in May, 1924, after having had certain preliminary negotiations with a real estate salesman named Coh...
Views: 0
This is an action in unlawful detainer. On July 2, 1923, appellant and respondent entered into a written contract, drawn by appellant, wherein W.W. Glenn leased to Henry Bacon certain premises in the city of Los Angeles in the following words: ". . . said party of the first part do hereby lease, demise and let, unto said party of the second part (certain premises, describing them) for the term of ...
Views: 2
Defendant appeals from a judgment of conviction of the crime of embezzlement and from an order denying his motion for a new trial.
[1] The only point on which appellant relies for a reversal of the judgment is that the evidence was insufficient to support the verdict.
From the record it appears that defendant had a contract or an option with certain stockholders of a corporation to sell their stoc...
Views: 0
Defendants appeal from a judgment of conviction of the crime of adultery and from an order of the trial court denying their motion for a new trial.
It is first urged by appellants that the evidence was insufficient to justify the verdict. Without attempting to set forth more than the substance of the material evidence introduced by the prosecution, it appears therefrom that the defendants were not...
Views: 9
T his is an action for damages for breach of contract. This case was tried by the court sitting without a jury, and judgment was entered in favor of the defendant, from which judgment plaintiffs prosecute this appeal, based on the judgment-roll alone. The facts are not in dispute, and are briefly these: Appellants were the owners of certain real property in the city of Fort Worth, state of ...
Views: 0
An appeal from an order vacating and setting aside a judgment.
The action was brought by appellant against respondent corporation to recover damages for the alleged conversion of certain corporate stock. The summons was served on December 17, 1926, and thereafter a verified answer to the complaint was filed by respondent. A motion to set the cause for trial was regularly made by appellant, and the...
Views: 1
An appeal from a judgment in an action to recover a commission upon the sale of real estate and for damages.
The defendants filed separate demurrers to the complaint, which were sustained, following which a motion for leave to amend the complaint was denied and judgment entered for the defendants.
Appellant contends that the trial court erred in sustaining the demurrers and in denying his motion f...
Views: 0
This is an appeal from a judgment convicting defendant of the crime of obtaining money by false pretenses. Defendant also appeals from an order denying his motion for a new trial. Appellant took the stand as a witness in his own behalf. On his cross-examination the record shows the following: “Q. Have you ever been convicted of a felony? A. I have not. [Counsel for Appellant]: That is objected ...
Views: 0
The second cause above entitled, City of Los Angeles v.Morris, No. 5526 in the files of this court, is an action for the condemnation of real property for street purposes. It was commenced pursuant to the provisions of an act of the legislature commonly known as the act of 1903 (Stats. 1903, p. 376; and, as variously amended, Act 8198, Deering's Gen. Laws 1923), and such proceedings were had that ...
Views: 5
Petition for habeas corpus. It appears therefrom that petitioner was charged with the crime of forgery. The complaint was filed in the police court of the city and county of San Francisco. The matter came on regularly for hearing, petitioner being represented by counsel. He waived a preliminary examination and the judge of said court, sitting as a committing magistrate, held him to answer. It is c...
Views: 5
The defendant was charged by an information filed in the superior court of Alameda County with a *Page 9
felony, to wit, an attempt to commit burglary, and was convicted. An appeal was taken from the judgment and from an order denying a motion for a new trial; and it is claimed that the evidence was insufficient to support the verdict.
The offense was alleged to have been committed at a dwelling-...
Views: 9
On March 9, 1927, the Industrial Accident Commission awarded the respondent Doran compensation for a permanent impairment of the function of the left wrist, which the Commission found had resulted from an accident occurring on July 3, 1925, while Doran was in the employ of the petitioner Orinda Properties Company, the compensability of which the petitioner insurance company at that time recognized...
Views: 2
THE COURT.
The petitioner above named was convicted of a misdemeanor for an offense committed against the Juvenile Court Law of the state of California (Deering's Gen. Laws 1923, Act No. 3966), and has appealed to this court from such conviction. Bail, pending appeal, was denied by the superior court. [1] Every legal question involved in this proceeding is identical with those considered in the ca...
Views: 4
THE COURT.
The defendant in this case was convicted of a misdemeanor under the Juvenile Court Law of the state of California (Deering's Gen. Laws 1923, Act No. 3966) and has appealed to this court from such judgment of conviction. Bail, upon appeal, was denied in the trial court.
[1] This case, in all particulars, is identical with that ofIn re Martinson, ante, p. 393 [262 P. 474], on petition for...
Views: 0
Upon the authority of People v. Costello, ante, p. 313 [262 P. 75], the appeal of the defendant William Raleigh from the judgment and order denying his motion for a new trial is affirmed.
Koford, P.J., and Sturtevant, J., concurred....
Views: 0
[1] Upon the authority of People v. Costello, ante, p. 313 [262 P. 75], the appeal of the defendant William Avelino from the judgment and order denying his motion for a new trial is affirmed.
Koford, P.J., and Sturtevant, J., concurred....
Views: 0
Application for writ of habeas corpus.
Petitioner was jointly charged with the crime of grand larceny with one H.W. Scott. The facts are identical with those in In reScott, ante, p. 60 [261 P. 725]. [1] Upon the authority of the case the writ heretofore issued is discharged and the petitioner remanded.
Campbell, J., pro tem., and Cashin, J., concurred....
Views: 0
MEMORANDUM CASES.
THE COURT.
The facts of this case are in all respects, except as to the names of the defendants, identical with those in Harlow v.American Equitable Assur. Co., ante, p. 28 [261 P. 499].[1] On the grounds stated in the opinion in that case, the judgment herein is affirmed.
A petition for a rehearing of this cause was denied by the district court of appeal ...
Views: 0
Plaintiff had judgment in an action for divorce on the ground of desertion, and the defendant appeals. It appears from the transcript that prior to the first day of September, 1923, the plaintiff had been occupying a certain residence constituting the community property - belonging to the plaintiff and the defendant; that the defendant for some period of time had been occupying a garage situate...
Views: 0
Defendant was informed against for the crime of embezzlement and was convicted. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.
[1] The subject of the offense, as alleged in the information, was "one hundred shares" of the capital stock of a certain corporation, which it was charged that appellant held as bailee. During the preliminary examinat...
Views: 12
Action by plaintiff to rescind a contract for the purchase of four lots situate in the city of Long Beach, on the grounds of fraud, and a second cause of action, with common counts, for the recovery of $15,000 paid as first installment on the purchase price thereof. The defendant had judgment for costs, and the plaintiff appeals.
The record shows that prior to the first day of April, 1923, the pla...
Views: 2
Briefly, the facts appear to be that an employee of petitioners was killed by a slide of earth on a cut on a hillside at a point where the employee was engaged in shoveling soil from a trench preparatory to the construction of a retaining wall.
At the hearing of the application by the widow of the employee for compensation arising from his death, among other things, the respondent Commission found...
Views: 6
This is an action brought by J.P. Santos and Mary Santos, his wife, for damages alleged to have been sustained by them as the result of an automobile collision.
The case was tried by the court sitting without a jury. Judgment went for plaintiffs, and thereafter the court denied *Page 760
defendant's motion for a new trial. Defendant appeals from the judgment.
Errors relied upon by appellant are e...
Views: 1
An action in replevin was commenced by the plaintiff and appellant June 27, 1921, against defendant for the recovery of the possession or value of the personal property involved in this proceeding. The appellant alleged ownership and right to possession. The defendant answered claiming right to possession and ownership as purchasers of the property from F.M. Couch, as trustee; F.M. Couch, as trust...
Views: 1
This is an appeal by the Los Angeles Athletic Club from a judgment in favor of the plaintiff in an action for damages for failure to return to plaintiff a package deposited with the defendant. Judgment was for the sum of $1,253.83, with interest at seven per cent per annum. The defendant is a social organization used by the members and their guests. In addition to the *Page 274
ordinary facilitie...
Views: 6
Petitioner herein applied for a writ of habeas corpus,
alleging in his petition that he was being unlawfully "imprisoned, detained, confined and restrained of his liberty" by the marshal of the town of Lawndale, San Mateo County, under a charge of misdemeanor, to wit: Opening and keeping open on Sunday a place of business for the manufacture and sale of grave stones and monuments, in violation of ...
Views: 12
Application for a writ of habeas corpus. The petitioner is now being imprisoned in the state prison under a commitment issued out of the superior court in and for the county of Imperial, which shows that he was charged in said court with "the crime of felony, to-wit: sex perversion," and upon arraignment entered a plea of "guilty of the offense charged in the information." The commitment then read...
Views: 2
Petition for writ of review. [1] It is recited therein that on March 22, 1927, respondent court made an order for the publication of summons in an action for the annulment of a marriage. It is alleged that the summons has been published and that the court will enter judgment in said cause upon default unless petitioner herein enters a general appearance and contests the same; that defendant in sai...
Views: 0
A corporation known as the Topley Company was incorporated in July, 1904, by the Topley family. Upon incorporation there was issued to James Topley, the father, two certificates, one representing 196 shares of the capital stock of said corporation and the other representing 200 shares. There was also issued to Anna Topley, the mother, one share and to the three childern of said James Topley and An...
Views: 1
This is a matter before the court upon an appeal from an order of adoption made in the above-entitled matter, whereby the petition of Walter S. Joy and Annia Joy, his wife, for the adoption of said minor, was granted.
The transcript shows that on or about September, 1924, the father of said minor, Carl E. Fahlman, died in the county of Merced, state of California, leaving said minor daughter of th...
Views: 9
The trial court sustained the defendants' demurrer to the third amended complaint without leave to amend and judgment was thereupon entered in favor of defendants. The plaintiff has appealed from the judgment.
The following facts are alleged in said complaint: June 5, 1918, defendant Gallatin leased to George Manoles, for a term of five years, a three-story brick building in the city of Sacramento...
Views: 1
Plaintiff had recovered a money judgment against the defendant, from which the latter appealed. The supreme court modified the judgment and ordered that the *Page 238
defendant recover its costs on appeal. When the remittitur was sent down the defendant, in due course, filed its memorandum of costs in which were included four separate premiums paid on a surety bond to stay execution of that judgm...
Views: 4
This is an application for a writ of certiorari to review an order of the Industrial Accident Commission denying compensation to the petitioners, the surviving wife and children of Antonio Mello, deceased, who, at the time of his death, was in the employ of St. John's Park Company as a prune picker.
[1] The Commission found: "The deceased was found drowned in a two-foot pool of water on the premis...
Views: 1
Page 257
By this proceeding petitioner seeks to have reviewed an award made by respondent, Industrial Accident Commission, to an employee of the Julian Petroleum Corporation, of which corporation petitioner was the insurer.
The principal facts are as follows: On February 9, 1926, the date on which the employee started his employment at a service station of the Julian Petroleum Corporation, he sustained an ...
Views: 1
Defendants appeal from a judgment in a suit for foreclosure of a mechanic's lien.
Plaintiff entered into a cost-plus agreement with defendants for the construction of a residence, under the terms of which plaintiff was to receive as compensation ten per cent of the total cost of labor and material. On April 8, 1922, defendants Woolwine moved into and took possession of the residence, when some of ...
Views: 1
Plaintiff, as sublessee, brought suit against the defendants for injunction from obstructing *Page 215
a show-window and for damages. Judgment was rendered for defendants, and plaintiff brings this appeal.
On October 21, 1919, the defendants Pickerill and Scott entered into a written lease with California Chocolate Shops, letting the ground or street floor of a building to be erected by the lesso...
Views: 2
This is an action brought by plaintiff to recover a balance claimed to be due on a contract and for extra work. Plaintiff alleges the contract and specifications for the work in his complaint, and alleges performance of the same. Defendant admits the contract, but denies that the work was performed according to the terms of the contract and the specifications, and by cross-complaint alleges that ...
Views: 2
This is an appeal by plaintiff from a judgment of nonsuit. Plaintiff was the owner of certain land which he leased to one Shiroishi for three years beginning on November 1, 1920, for which Shiroishi agreed to pay plaintiff $4,710. Payments were to be in installments, of which $50 was to be paid on the signing of the lease; $700 on January 5, 1921, and $250 on May 15, 1921, and $500 on October 15, ...
Views: 2
This proceeding in certiorari was commenced in behalf of the People of the State of California for the purpose of having annulled an order made by the respondent Superior Court in determining the merits of an appeal taken to said Court by the respondent corporation, Cowell Portland Cement Company, from a judgment of conviction obtained by the People in the Justice's Court of the first township of ...
Views: 3
This is an appeal from a judgment in favor of respondent and against appellant in the sum of $5,601.98.
On July 1, 1911, the Down Town Realty Company leased from Mary Prior and others a parcel of real property at the southwest corner of Mason and Eddy Streets in San Francisco. The lease covered a term of thirty years, commencing on April 1, 1912, and provided, among other things, for the immediate...
Views: 2
Page 264
THE COURT.
[1] The petitioner was received into the state prison February 7, 1913, under sentence of seven years each on two charges of burglary of the first degree, *Page 187
the terms to run consecutively. July 25, 1917, he escaped from the prison, but was later returned thereto. He was thereafter tried in the superior court of Marin County and convicted of the crime of so escaping. He was ther...
Views: 1
This action was brought to recover damages for the death of the wife of plaintiff Brown, caused by the overturning of the defendant's automobile while he was driving it and in which Mrs. Brown was riding as his invited guest. The jury returned a verdict in favor of defendant and the court granted plaintiff's motion for a new trial. This appeal is from the order granting a new trial.
Mrs. Brown and...
Views: 5
It appears that prior to November 8, 1922, the appellant authorized and requested one James D. Seely to lease for her certain real property situated in the city of Los Angeles, of which she was the owner, and upon which she proposed to construct an apartment house; that in compliance with such authorization and request Seely personally presented to appellant a written communication in the nature o...
Views: 7
The defendant was tried on an information charging the crime of murder and was found guilty of manslaughter. From the judgment following the verdict *Page 170
and from the order refusing a new trial the defendant has appealed on a typewritten record.
The facts of the case, briefly stated, are that the defendant shot and killed one John Bena in the city of San Jose on the sixteenth day of August, ...
Views: 1
This appeal is by the plaintiff from a judgment of dismissal following an order of the trial court sustaining a demurrer without leave to amend. The record discloses the following situation: The defendants' predecessor, French, was the owner of the real estate described in the complaint for some time prior to the year 1915 and up to the time of his death; in 1914 he mortgaged the property describe...
Views: 2
This action is one brought by respondent against Atlantian Construction Company, a corporation, and against each of the stockholders thereof as copartners. The relief sought is for damages for the alleged breach of a building contract executed by respondent and Atlantian Construction Company, a corporation, the breach complained of being the alleged failure of the defendants to complete the constr...
Views: 1
This is an action brought by respondent against Atlantian Construction Company, a corporation, and J.H. Meyering, William P. Mason, D.H. Naylor, Jr., and A.Y. Jameson, alleged to be the stockholders of the corporation and also alleged to be copartners therein. Judgment was entered against the corporation and two of the directors and stockholders, namely, J.H. Meyering and William P. Mason, in the ...
Views: 5
Page 271
[1] Habeas corpus. Petitioner alleges that he is imprisoned by the acting chief of police of the city and county of San Francisco without authority or warrant. It appears from the return that petitioner is detained in custody under and by virtue of a warrant of arrest issued out of the police court of the city and county of San Francisco, which warrant is annexed to such return. It also appears th...
Views: 1
This is an appeal from a decree quieting title to certain real property in an action brought by respondent against appellant and others. Appellant in her answer denies the title of respondent and by way of cross-complaint alleges title in herself and has brought in under an order of court the parties herein designated as cross-defendants.
The property involved was originally the community property...
Views: 4
The petitioner and appellant, a former member of the legal profession who was disbarred on February *Page 139
24, 1925, brought an action upon a claim assigned to him for the purpose of collection only in the justice's court of Santa Ana township, where he stipulated to the fact that judgment of disbarment had been entered against him, and that the chose in action was assigned to him solely for t...
Views: 8
An action to recover on a policy issued by appellant corporation upon an automobile by which respondent was insured for the term of one year against direct loss or damage caused by fire or theft.
During the term of the policy the automobile was stolen and destroyed by fire, its value at the time of its destruction being in excess of the amount for which it was insured. The action was tried by the ...
Views: 5
The complaint originally filed herein was by the plaintiff above named and against the Western States Life Insurance Company and one Warren Crocker to recover on a life policy of insurance on the life of the plaintiff's testate in the sum of $1,867.16, and, as a second cause of action, to have adjudged that 110 shares of the stock of defendant Insurance Company are the property of and rightfully b...
Views: 2
This action is brought to recover commissions for procuring a purchaser of a stock of merchandise, tools, and implements, and for procuring a lessee for buildings and grounds. At the close of plaintiff's case defendant moved for a nonsuit on the ground that plaintiff had failed to prove a sufficient case. The motion was granted, and plaintiff appeals from the judgment. *Page 113
[1] Without revi...
Views: 0
Plaintiff sued to recover damages for injuries suffered in a collision with an automobile operated by an agent of the defendant Gray Top Cab Company. The cause was tried before the court sitting without a jury and resulted in a judgment for the plaintiff in the sum of fifteen hundred dollars. The defendants appealed on a *Page 111
typewritten transcript under section 953b of the Code of Civil Pro...
Views: 0
The defendant was convicted upon an information charging him with embezzlement, on or about the sixth day of February, 1925, of certain personal property described as an automobile garage together with the equipment therein and a certain bill of sale thereof, which property it was alleged had been trusted to him as a bailee by one Fred Schaefer, the owner thereof. From the judgment following the ...
Views: 1
This is a proceeding in mandamus. The petitioner, as shown by the allegations of his petition, was engaged in the practice of medicine and surgery in Alameda County under a license issued to him on February 23, 1921, by the board of medical examiners of the state of California, and duly registered by petitioner, as required by the state Medical Practice Act (Stats. 1913, p. 722), in the office of ...
Views: 1
The appellant was accused by information of the crime of rape and incest. During the trial, on motion of the district attorney, the charge of rape was dismissed. The defendant was found guilty of the crime of incest. This appeal is taken from the judgment and the order denying his motion for a new trial.
The only points argued by the appellant in his brief are that the court erred in refusing to g...
Views: 8
Defendants were charged with conspiring, as members of an election board, "wilfully, unlawfully and feloniously . . . to add to the votes cast in favor of" a proposition balloted upon at the election during which the board sat, and "to subtract from the votes cast against" the proposition, in the official returns of the election. The crime which it was alleged defendants conspired to commit is den...
Views: 1
This is an action by the plaintiffs to declare a trust and to compel the defendant to restore plaintiffs to their rights under a conditional sales contract for the purchase of real estate. In the month of April, 1920, plaintiffs and defendant entered into a contract for the purchase and sale of certain real property in the town of Ontario, county of San Bernardino. Under the terms of the contract ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 60
The defendant was charged by indictment found and returned by the grand jury of Glenn County with the crime of murder and upon a trial before a petit jury in the superior court of said county was found guilty of the crime of manslaughter. He appeals from t...
Views: 9
The defendant is the lessee of a three-story brick building in the town of Turlock, the owner and lessor thereof being D.H. Arakelian. At the times mentioned herein the ground floor was occupied by stores and a theater, the ceiling of the theater being higher than those of the other rooms. The second and third stories above the *Page 54
stores, containing two apartments and nineteen other rooms, ...
Views: 3
In this suit for injunction plaintiff recovered a judgment restraining defendants from permitting their stock to trespass upon his land, and awarding him damages in the sum of $1,000. From this award of damages alone the defendants have appealed, claiming that the findings, in this respect, are not supported by the evidence.
During the years of 1922 and 1923 defendants owned a stock ranch in Merce...
Views: 6
This is an appeal by defendant from a judgment in favor of plaintiffs in an action wherein they sought damages for the destruction of property by a fire set by defendant which spread to the premises occupied by the plaintiffs. The property in question comprised personal property owned by plaintiffs and certain *Page 35
buildings occupied by them situated upon real property held by the plaintiffs ...
Views: 6
From the admitted facts in this case it appears that on and prior to May 3, 1918, the respondent James C. Byers was sheriff of San Diego County, and that one James Kennedy was a contractor engaged in the construction of the then uncompleted Otay dam across a certain gorge, in said county; that Kennedy was in possession of, and owned an interest in, a large quantity of machinery, tools, implements,...
Views: 5
The petitioner Valencia is in custody pursuant to a warrant issued by the justice of the peace of El Centro township, in the county of Imperial. A complaint had been filed, charging that defendant Valencia had committed the crime of forgery, with intent to defraud one Luis Sanchez. After examination before the magistrate, defendant was held to answer to said charge. Petitioner contends that the...
Views: 8
The defendant was charged by an information filed on August 6, 1926, with the crime of robbery. The first trial of the case, resulting in a conviction, was commenced on the sixth day of October, 1926. On October 21st the court set aside the verdict of guilty and granted a new trial and reset the case for trial on the twenty-eighth day of October, and on that day continued the matter for trial unti...
Views: 4
Page 290
THE COURT.
Petition for habeas corpus. It appears affirmatively from the petition that the applicant has heretofore applied to the superior court of the city and county of San Francisco for a writ of habeas corpus and that this proceeding is still pending and undetermined. [1] It is a general rule of wide application that a court is without jurisdiction where it attempts by habeas corpus
to interf...
Views: 3
The defendant was convicted of the crime of petit larceny, after having suffered two prior convictions for grand larceny. The information, among other things, alleges that on or about the twenty-second day of November, 1926, in the county of San Joaquin, the defendant did "wilfully *Page 12
and unlawfully steal, take and carry away a quantity of copper wire of the value of $195.00 in gold coin of...
Views: 6
The defendants were convicted of the crime of taking and enticing away a girl of fifteen years of age with intent to detain and conceal the child from her father, who had the lawful charge of the child. This appeal is from the judgment and the order denying a new trial.
The girl testified that on August 29, 1926, the defendants took her and a Chinese girl out riding in Navarro's automobile; that o...
Views: 8
Two actions were commenced by the plaintiff against the defendants, one seeking the recovery *Page 3
of damages for breach of contract and numbered in the superior court records 105,266 and the second designated by number 105,267, seeking to have a ten-year lease to a storeroom held by the defendants impressed with a trust in favor of the plaintiff. The complaint for damages alleges in addition t...
Views: 8
This is an action to foreclose a public contract street improvement lien under San Francisco street improvement ordinance of 1918.
The action was tried upon the following facts stipulated in evidence: The contract mentioned in the complaint was entered into on July 22, 1920, and provided that the work called for thereby should be completed within 150 days from such date and it was not completed wi...
Views: 1
MEMORANDUM CASES.
[1] For the reasons stated in the decision this day filed in the case entitled People v. McKenzie, ante, p. 432,260 P. 912, the judgment and orders appealed from are affirmed.
Nourse, J., and Koford, P.J., concurred....
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 793
The defendant was tried upon an information charging perjury. The appeal is taken from the judgment following the verdict of conviction and from the order denying defendant's motion for a new trial.
The information charged that, in an action instituted by...
Views: 8
Action in claim and delivery. The complaint in substance alleges ownership in plaintiff of a certain ice-machine, cooler, and equipment, of the value of $400; wrongful possession and detention by defendant, and a demand for delivery. The prayer is for possession of the property or in case delivery cannot be had for its value together with damages. The answer denies ownership in plaintiff; alleges ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 770
The appellant was convicted of manslaughter upon an indictment charging him with the crime of murder in that he did, on or about the fourteenth day of April, 1927, in the county of San Joaquin, wilfully, unlawfully, feloniously, and of his malice aforetho...
Views: 9
This appeal is from a decree of partial distribution by the three minor children of the deceased and by the executor of the last will and testament of Benigno Barreiro, deceased. The respondent is the mother of the children and the divorced wife of decedent. She petitioned the court for a partial distribution of the estate, which the court ordered. By the will of decedent all of his estate was dev...
Views: 8
This is a motion to dismiss the appeal on the ground that the notice of appeal was filed too late. It is submitted to us upon the motion and brief of respondent only, the appellant having failed to file any reply.
[1] From the certificate of the county clerk it appears that the judgment appealed from was entered on July 15, 1926, and that the notice of appeal was filed on April 9, 1927, and more t...
Views: 4
This action was brought by appellant against respondent, by whom he was employed for a number of years, to obtain a decree directing the payment of such sum as might be found to be owing to him. As stated by appellant in his opening brief, the case involves two principal questions. The first is whether or not appellant is entitled to share in the profits accruing from subletting certain premises i...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 746
This is an appeal by defendant Peter Hansen from a judgment granting an interlocutory decree of divorce to plaintiff Lillias Jane Hansen, upon the grounds of wilful neglect and extreme cruelty.
These parties intermarried in Australia on September 24, 1913...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 738
This is an appeal by the defendant Biedebach from the same judgment from which the plaintiffs and respondents herein appealed in Weyse v. Biedebach, Civil No. 4596, decided by this court on November 15, 1927, and reported ante, p. 712 [261 P. 1086]. Respo...
Views: 3
In 1920 appellants instituted an action to quiet title to certain lots numbered 1 to 29 in the Hay Tract addition to Nadeau Park, in Los Angeles County, and recovered judgment therein, from which the respondent in this proceeding appealed (and which appeal is numbered *Page 730
4775). Notice of entry of judgment in that case was served and filed November 8, 1922, and on November 16, 1922, counsel...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 714
It appears that on September 28, 1920, appellants filed the complaint upon which this suit is based, alleging that at all times from July 2, 1903, until March 1, 1913, the Antioak Leather Company was a corporation organized and existing under and by virtu...
Views: 2
The respondent filed suit in eminent domain for condemnation of five feet along the northerly boundary of certain real property of appellant Signal Realty Company, on the southerly side of Florence Avenue, extending easterly 160 feet from Long Beach Boulevard, in the city of Los Angeles, for the purpose of widening Florence Avenue. Appellant Realty Company was also the owner of a two-story brick a...
Views: 10
This is an unlawful detainer action. The chronology of the case is as follows:
February 23, 1923, complaint in unlawful detainer filed, and summons issued.
February 24, 1923, complaint and summons served on defendant.
February 28, 1923, default of defendant entered.
March 3, 1923, trial had.
March 3, 1923, findings and conclusions of law filed.
March 5, 1923, judgment filed and entered.
March 5, 1...
Views: 3
The plaintiffs commenced an action against the defendants to recover on a promissory note. The defendants appeared and answered and also filed a cross-complaint. The cross-complaint was answered and a trial was had in the trial court before the court sitting without a jury. The trial court made findings responsive to each and all of the issues and ordered judgment for the plaintiffs. From a judgm...
Views: 1
The plaintiff is a nonprofit marketing association without capital stock and was organized by a large number of bean growers to co-operate in the business of growing and marketing beans. The defendant is one of its members. On June 14, 1921, plaintiff and defendant entered into an agreement whereby plaintiff agreed to market and defendant agreed to consign and deliver to plaintiff, as his agent, a...
Views: 1
Defendant and one Beatrice N. Williams were at the trial of this action and for years prior thereto had been husband and wife. A son, Ned Williams, was born to them. Some time prior to July 6, 1919, they separated, the defendant coming to California and his wife and infant son remaining in Montclair, New Jersey. The court finds, and there is sufficient evidence to support it, that the defendant hi...
Views: 12
The deceased, William R. Pigg, was injured by a motor vehicle driven by T. Kunitake. The latter was insured against liability by the defendant and appellant. William R. Pigg recovered judgment against *Page 673
Kunitake for his injuries, and, the judgment remaining unpaid after death of said Pigg, his executrix brought this action against the appellant under one of the provisions of the liability...
Views: 11
February 20, 1919, the plaintiffs leased to M.A. Laffey and F.P. Casey, for the term of four years from that date, two vacant lots in the city of Los Angeles on which to maintain and operate an oil and gasoline service station. The lease, which contained no covenant against assignment, gave the lessees "the right of renewing this lease" at the end of the four years. During the year 1922 the defend...
Views: 4
Respondent, as plaintiff in the court below, obtained judgment against defendants, including appellant herein, quieting her title to an acreage of land in Los Angeles County. Appellant's answer denied respondent's title and asserted title to a strip of land along respondent's southern boundary. This strip is about 36 feet wide and contains about 1.10 acres. Appellant's claim of title is based upon...
Views: 8
Plaintiff sued upon a written contract whereby the defendant promised to pay for services rendered by the plaintiff as a real estate broker. Plaintiff had judgment and the defendant has appealed upon a typewritten transcript. The complaint alleged that the defendant employed plaintiff to negotiate the exchange of certain land owned by *663 the defendant and promised to pay to the plaintiff a ...
Views: 1
This is an appeal from an order denying the defendant's motion to retax costs after appeal from the judgment upon the merits, which was rendered in favor of the plaintiff. It is admitted that appellant had a private stenographer take notes of the evidence, and that *Page 658
a motion for new trial and proposed bill of exceptions were based upon that stenographer's report; that the official phonog...
Views: 0
This is an action in unlawful detainer. Defendant appeals from the judgment.
Plaintiff and defendant entered into a written lease whereby the plaintiff leased to defendant a certain apartment building for the term of ten years, beginning November 1, 1923, at a total rental of $97,920, payable in monthly installments of $816 each. The lease contained the following provisions:
"Receipt is hereby ack...
Views: 6
Defendant appeals from a judgment of conviction on each of three several charges of burglary against him, and from an order of the trial court denying his motion for a new trial thereon.
It is first urged by appellant that the evidence was insufficient to support the verdict. The case against defendant was the burglarizing of rooms in certain hotels in the city of Los Angeles. Among other things, ...
Views: 10
A ppeal from judgment for plaintiff for $1,000. The verified complaint alleges: I. A written contract dated July 30, 1923, hy which defendants agreed to sell plaintiff certain cattle and dairy equipment for $5,000, payable $100 down, $900, July 31, 1923, $1,000 on or before ninety days, $75 August 16, 1923, and other later payments, with interest on deferred payments payable monthly. The ...
Views: 1
The plaintiff commenced an action against the defendants asking damages for the conversion of twenty-six bales of cotton. The defendants appeared and answered and the action was tried in the trial court before the court sitting without a jury. Findings in favor of the plaintiff were filed and a judgment was entered thereon in its favor. From that judgment the defendants have appealed under sectio...
Views: 2
Plaintiff appeals from a judgment in favor of defendant, a married woman.
The complaint alleged "that the defendant became indebted to plaintiff's assignor A.W. Morton (a physician and surgeon) upon an open book account for medical and surgical services rendered to said defendant upon the special instance and request of said defendant." The proof failed to show any book account except one with the...
Views: 4
Plaintiffs sued for damages arising from a collision between an automobile operated by plaintiffs and a truck operated by defendant Gepperd, who, plaintiffs contended, was an agent and employee of defendant Burton. The cause was tried before a jury and resulted in verdict in favor of plaintiffs against defendant Gepperd and against the plaintiffs as to defendant Burton. The plaintiffs appeal from ...
Views: 4
This is an appeal by plaintiff from:
1. A judgment sustaining a demurrer to plaintiff's amended complaint without leave to amend and dismissing the action.
2. An order of the court, made as a special order after final judgment, vacating an order of arrest of the defendant J.C. Strickland.
3. An order of the court dissolving an attachment.
The amended complaint states that plaintiff and defendant e...
Views: 9
Certiorari to review an award of the Industrial Accident Commission.
The petition sets forth that on December 10, 1926, one John Swanson was in the employ of petitioner working on the Relief Home of San Francisco. He was a laborer and it was part of his duty to rig the scaffolding used in connection with the work. Subsequently, while he and certain plasterers were on the scaffolding, in the course...
Views: 0
The district attorney filed an information against the defendant charging him with having violated section 8 of an act entitled “An Act to Regulate the Sale of Poisons in the State of California and Providing a Penalty for the Violation Thereof.” (Deering’s Gen. Laws 1923, Act 5994.) The defendant pleaded not guilty *618 and in the trial court a trial was had before the court sitting with a jur...
Views: 1
Plaintiff recovered judgment for damages for breach of a covenant of a ten-year lease by which defendant agreed to keep the leased premises in good repair and to yield up said premises upon the termination of the lease in good condition and repair, loss by fire and ordinary wear and tear excepted. The court found in response to the issues presented that "said defendant has allowed said building an...
Views: 3
The action is for a sum claimed under an oral contract of employment at $120 per week and ten per cent of all business secured by plaintiff, amounting to $3,268.50. The answer of E. W. Morris and Daisy L. Morris and Morris Audit Company (no other defendant appearing) admits that plaintiff entered into the contract of employment with defendant E. W. Morris by which plaintiff was to *608 receiv...
Views: 0
Plaintiff recovered judgment for eight hundred odd dollars upon this action for a balance due *606 for electrical work and materials furnished defendant. The defense of the defendant in the court below and his ground of appeal as appellant here, is that the parties had agreed between themselves upon the correct balance due and that such balance had been paid. He pleaded this defense as an accou...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 597
This is an appeal from a verdict awarding respondent $1,500 damages for personal injuries sustained as a result of being struck by an automobile while walking across Eighth Street, in Los Angeles. Appellants claim that prejudicial error occurred in giving...
Views: 11
The plaintiff commenced an action against the defendants to recover damages. The defendants answered and a trial was had in the trial court before the court sitting with a jury. The jury returned a verdict on which a judgment in favor of the plaintiff was entered. From that judgment the defendants have appealed and have brought up a bill of exceptions.
In its complaint the plaintiff pleaded two se...
Views: 3
Certiorari to review an award of the Industrial Accident Commission.
It appears from the evidence that on April 12, 1924, petitioner sustained an industrial injury while employed by respondent Beronio Lumber Company by being squeezed between a truck and a pile of lumber. The truck struck him directly over the kidney region, severely injuring his back, fracturing his third, fourth, and fifth transv...
Views: 3
THE COURT.
July 7, 1927, the petitioner was tried in the justice's court on a charge of the unlawful possession of intoxicating liquor. The trial resulted in a disagreement of the jury. On the 30th of that month he was released on bail. October 3d his sureties surrendered him into custody. On the same day he moved the justice's court to dismiss the action on the ground that he had not been given a...
Views: 2
In this case the appeal is from a judgment in favor of the defendants in an action brought by the plaintiffs for the collection of certain payments on a lease and the note for $1,200, given for the last six months' rental under said lease, which lease purported to rent lots 13 and 15 of Block 91, Long Beach township, county of Los Angeles, state of California, for a period of four years and four m...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 560
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 561
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 5
This action is one to foreclose a public contract street improvement lien under San Francisco Street Improvement Ordinance of 1918. The contract was entered into under date of October 20, 1923. It provided that the work should be done within ninety days. This time expired January 18, 1924. On January 9, 1924, prior to the expiration of the time within which the work was to be completed, pursuant t...
Views: 1
The defendants and appellants were charged by indictment with the crime of murder. They were tried jointly and verdicts of manslaughter were returned against each of them. Motions for a new trial were filed on behalf of Sarah Kerrick and also on behalf of Joe Hunt and Iris Burns and lastly on behalf of Henry Isabel and Anita Davis. Each of these motions was denied and the defendants prosecute thei...
Views: 10
This is an appeal on the part of the plaintiff, Standard Bond and Mortgage Company, from a judgment in favor of the defendants, William T. Boyd and Carrie M. Boyd, his wife, in an action arising out of an attempted rescission of an agreement of exchange between the said parties of property in Long Beach, California, originally owned by the plaintiff, for a quarter-section of land in Waterloo towns...
Views: 2
This is an action for money had and received. Defendants appeal from a judgment rendered for plaintiff. *Page 533
In the year 1922 an action was commenced by Leota Howard, one of the defendants herein, to foreclose a chattel mortgage, in which action the plaintiff and respondent was one of the parties defendant. Judgment was rendered against the plaintiff herein as defendant in that action. Execu...
Views: 1
Plaintiff sued for services rendered as an architect in preparing plans and specifications for new buildings to be erected by the district and for additions to and alterations of existing buildings and to supervise the construction of the same. The trial court found that the reasonable value of the services rendered by the plaintiff to the defendant was the sum of $5,000; that the defendant had pa...
Views: 3
Plaintiff sued for servces rendered, praying for judgment in the sum of $13,552. The cause was tried before the court without a jury and resulted in a judgment in favor of plaintiff in the sum of $3,000. From this judgment the plaintiff has appealed on a typewritten record.
The complaint pleaded three distinct causes of action: The first was based upon a written contract with the members of the bo...
Views: 1
This is an appeal from an order granting defendants’ motion for a nonsuit and judgment therein entered in favor of defendants and against plaintiffs. The action was brought to recover damages suffered by plaintiffs through defendants’ breach of their contract of lease, to wit, failure to give possession. The defendants answered jointly though at the trial and on the appeal defendant Paddon ap...
Views: 3
This is an appeal from a judgment on the verdict of the jury in favor of respondent E.A. Curtis Company and from the order denying a new trial.
The action was commenced on July 25, 1923, by the filing of a complaint by E.A. Curtis, an individual, against defendant, wherein three alleged causes of action were set forth based upon written instruments or drafts executed by defendant payable to the or...
Views: 7
The Stockton Lumber Company, respondent herein and plaintiff in the lower court, brought suit against the appellant, upon two causes of action; one being upon a promissory note for $389.50 and the second cause of action being upon an account for lumber, to wit, a lot of "grape stakes" sold to appellant, amounting to the sum of $229.36. Judgment was in favor of the plaintiff in that suit for said s...
Views: 0
Defendant appeals from a judgment of conviction of the crime of robbery and from an order denying his motion for a new trial.
From the record it appears that the complaining witness was an employee in charge of a gasoline and oil service station located at the town of Upland, in San Bernardino County, and in that connection he had the custody of the cash receipts of the business conducted by him; ...
Views: 5
This action was filed May 26, 1923. The complaint alleged that within four years last past defendants became indebted to Benjamin B. Tuttle, who died November 29, 1921, in the sum of $2,000 upon an open book account for moneys loaned to defendants. Defendants denied the loan, alleged a gift, and set up the statute of frauds. Plaintiff’s proof consisted of offering in evidence a memorandum-book ...
Views: 0
This was an action in replevin to recover an automobile. Defendant, as constable, levied an attachment upon the automobile in a suit by a creditor. Plaintiff herein claims against the defendant and superior to the attaching creditor because of a chattel mortgage. Judgment was for defendant upon the ground that plaintiff's chattel mortgage was void. The evidence showed the mortgage was executed in ...
Views: 6
Habeas corpus. Petitioner alleges that he has been held to answer, after an examination in the police court of the city and county of San Francisco, without reasonable or probable cause, of violating section 476a of the Penal Code, relating to the crime of issuing a bank check with intent to defraud. It appears from the transcript of the proceeding had before that court that petitioner at some tim...
Views: 5
Mamie Baldwin, in whose behalf the petition was filed, is held in custody under two judgments of the municipal court of the city of Los Angeles, in causes numbered 07879 and 08870, which by stipulation were tried jointly before a jury. Each complaint charged the commission of a misdemeanor by having in possession alcoholic intoxicating liquors, etc. Each complaint alleged that the defendant, befor...
Views: 0
This is an application for a writ of habeas corpus, wherein the petitioner is attacking the sufficiency of two complaints, one charging him with possession of a certain still which was alleged to have been "designed, used and intended to be used for the manufacture of alcoholic intoxicating liquors for beverage purposes, containing alcohol of more than one-half of one per cent by volume," which is...
Views: 0
Action for damages for breach of warranty. The allegations of the complaint, in so far as they are necessary for a discussion of the question here involved, recite in substance that on or about the fourteenth day of December, 1922, plaintiffs called upon defendant company with the object of purchasing from it certain seed barley to be used for planting, and defendant thereupon sold the same to the...
Views: 8
The respondent brought an action to quiet his title against defendant Albert C. Russell and defendant and appellant Kern-Torrance Petroleum Corporation in and to the land and premises described in the complaint. The defendant Albert C. Russell failed to appear and answer the complaint within the time allowed and his default was regularly entered. The appellant Kern-Torrance Petroleum Corporation a...
Views: 5
This is an appeal from a judgment in favor of respondent entered upon the verdict of the jury awarding $2,000 damages against appellant, in an action to recover $23,080.
Appellant urges as grounds for a reversal of the judgment: 1. The verdict is contrary to the evidence and there is a variance between the pleadings and the proof (a) The evidence of plaintiff does not establish any definite or val...
Views: 13
Certiorari to review an award of the Industrial Accident Commission. It is alleged therein in substance that on January 30, 1924, respondent John A. McFarlane filed an application for adjustment of claim under the Compensation Act (Stats. 1917, p. 831), in which it was alleged that he sustained an injury by slipping on a *135 timber while working for Vanderbilt Mining Company at Ivanpah, Cali...
Views: 0
The plaintiff brought this suit to foreclose a a mortgage upon certain lands situated in Glenn County given by the defendants I.G. and Mattie B. Zumwalt to plaintiff to secure the payment to the latter of a promissory note, dated January 13, 1920, for the sum of $42,601.30.
The complaint is in the usual form in foreclosure proceedings. It alleges, however, that the appellant Western Canal Company ...
Views: 8
Petitioner was admitted to the bar of California in 1889. He took up his residence in San Diego in 1908 and engaged in a lucrative law practice in that city from that time to the period of his disbarment. The judgment *Page 114
which thrust him from the profession was entered January 9, 1922, pursuant to an accusation which was filed September 6, 1921. The grounds of the accusation are stated in ...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 89
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 90
The plaintiff brought this action to secure a decree reforming and correcting a certain deed, purporting to conv...
Views: 2
This is an appeal from an order "certifying, approving and settling the reporter's transcript on appeal." Defendant has appealed from the judgment and plaintiff has appealed from the said certification of the transcript on defendant's appeal.
[1] The jurisdiction of the court to make the certificate can be passed on (if there be a sufficient record of the proceedings) upon defendant's appeal from ...
Views: 3
The defendant has appealed from the judgment rendered against him and from an order denying his motion to set aside the judgment. Because of another appeal by plaintiff, it may avoid confusion if we refer to the parties to this appeal as plaintiff and defendant.
The action is for money due on contract. A decision was announced by the trial court in favor of plaintiff on submission of the case on M...
Views: 0
The only ground of appeal presented by defendant consists of a claim that he was compelled to accept counsel not chosen by him, and was denied the right to present his own defense without counsel.
At the time of entering defendant's plea he was represented by attorneys, who thereafter at the defendant's request were permitted to withdraw from the case. The court then asked the public defender "in ...
Views: 14
This is an application for admission to the bar notwithstanding an adverse report of the state board of bar examiners. Issues were. framed in the proceeding which involve the questions whether petitioner possesses the requisite moral qualifications to entitle him to admission, and whether, petitioner having come from another state, he had been engaged in the actual practice of the law in a sister...
Views: 0
This is an appeal by plaintiff from a judgment for defendant on a verdict of a jury. The action is for damages for the alleged negligence of defendant in operating a street railroad car, resulting in an accident causing plaintiff's injuries. The accident occurred about 9 o'clock at night on November 12, 1922, on Colorado Street in the city of Pasadena. The plaintiff was riding in an automobile dri...
Views: 4
In this proceeding petitioners pray that respondent, as referee appointed by a judge of the superior court, be permanently restrained and prohibited from proceeding with the hearing in an action pending in said superior court, in which action respondent was appointed referee.
The facts appear to be that in a suit brought for the purpose of having a trust declared in favor of the plaintiff as to a ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 57
This is an appeal from an order granting a new trial after a verdict had been secured in favor of the defendant.
On the motion for a new trial the respondent contended that certain instructions which were given at the request of the appellant were erroneou...
Views: 12
Action to quiet title. The complaint is in the usual form. It alleges that defendant P.O. Peterson claims some interest in the property in question adverse to plaintiff and a judgment is sought declaring plaintiff to be the owner in fee absolute of the same. Defendant answering admitted a claim of interest based upon an attachment against the property which was issued in an action which had been p...
Views: 0
The plaintiff and respondent instituted this proceeding for the recovery of a certain parcel of real property situated at Beverly Hills, in Los Angeles County, which she alleged that appellant had obtained from her by coercion, threats to impugn her character and chastity, duress, undue influence, and extortion.
The appellant and respondent intermarried on February 3, 1922, at which time the latte...
Views: 0
The complaint in this action is in the form of a common count for money had and received by the defendants J.T. Fisher and the General Packing Corporation from the plaintiff. The judgment was that plaintiff have and recover from the defendant the sum of $1,672.27, together with interest and costs, and that the defendant Fisher have and recover of plaintiff his costs. The appeal is from the judgmen...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 33
Plaintiff appeals from a judgment rendered for defendant Lillian Grant in a suit brought for the recovery of damages for personal injuries.
This appeal presents but a single question, namely, whether the owner of an automobile is liable for the negligence ...
Views: 8
The judgment from which the appeal herein is presented to this court was rendered in an action brought for the purpose of enjoining the enforcement of a deed of trust on certain real property, as well as for having it declared that the deed of trust had been satisfied and paid. From the findings of fact made by the trial court, as well as from evidence adduced at the trial, it appears that the ...
Views: 0
This is an appeal by plaintiff from an order dismissing plaintiff's action, which action was dismissed by the trial court on the ground that the complaint did not state facts sufficient to constitute a cause of action.
The claim of the appellant in this action appears to be that notwithstanding the decree of distribution which was entered in the matter of the estate of John H. Thompson, deceased, ...
Views: 1
The plaintiff brought this action to recover damages for malicious prosecution of a criminal action against the plaintiff. In accordance with the verdict of a jury, judgment was entered for plaintiff in the sum of $500. Thereafter the defendant moved for a new trial. The court granted said motion and in its order specified that the motion was granted upon the ground that the evidence does not supp...
Views: 1
All of the objections raised to the findings of fact and conclusions of law herein are predicated upon the proposition that the indebtedness of the defendant to plaintiff was an indebtedness as set forth in the amended complaint, to wit, moneys embezzled by the defendant which had been entrusted to the defendant for the purpose of purchasing second mortgages. The defendant, according to the eviden...
Views: 0
Plaintiff sued upon a promissory note in the sum of $3,500. The cause was tried before a jury and resulted in a verdict in favor of the defendants. From the judgment following the verdict the plaintiff has appealed upon a typewritten record.
The litigation arises out of a written contract, executed July 31, 1922, wherein the plaintiff sold to the defendants a restaurant located in the city of Berk...
Views: 1
Respondent A.F. Rousseau was the owner of certain premises on Market Street, in San Francisco. The Mother Goose Confection Company was the lessee in possession of the premises and had engaged appellant, F.A. Lorenz, to perform certain alterations and installation work. The work was performed by appellant but was never paid for by the Mother Goose Confection Company, which had in the meantime becom...
Views: 1
The appellants C.L. Williams and Mina W. Williams are husband and wife. On and prior to January 29, 1917, one M.D. Goodbody was indebted to respondent The American National Bank of San Diego (hereafter for convenience called the American Bank), of which appellant C.L. Williams was vice-president and chief executive, in amounts aggregating $70,000, for which it held promissory notes signed by Goodb...
Views: 0
Plaintiff brought suit for the recovery of moneys paid under a sale contract for the purchase of an automobile. Defendant appeals from a judgment rendered for plaintiff in the sum of $275.
Plaintiff testified that he saw an advertisement of the defendant guaranteeing a new car for ninety days; that he called on the defendant and the automobile was shown to him by a salesman, who said to him: "We g...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 777
This action is brought under section 196a of the Civil Code by Lillian Sweet, the mother of David Louis Sweet, a minor, against appellant, the alleged father of such minor, praying judgment that it be ordered and adjudged that appellant is the father and ...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 752
This is an appeal by the defendant from a judgment in favor of the plaintiff as assignee of Meserve Meserve, attorneys at law, for a balance due of attorney's fees for services rendered by Edwin A. Meserve to defendant corporation. The complaint alleged ...
Views: 2
Plaintiff sued the defendant Brown and the two defendant railroad corporations for personal injuries suffered in a collision between an interurban car operated by the corporations and an automobile operated by the defendant Brown, and in which the plaintiff was riding as Brown's guest at the time of the collision. The cause was tried before the court sitting with a jury and resulted in a verdict i...
Views: 0
On the evening of October 4, 1922, at about the hour of 7 P.M., the plaintiff was being conveyed as a passenger on one of the automobile busses owned and operated by the Dillingham Transportation Company, a common carrier of passengers between Long Beach and Whittier, when the stage collided with a truck belonging to and operated by the defendant H.G. Cauldwell. Both vehicles had been traveling in...
Views: 10
This is an action brought by appellant, who is a physician practicing his profession at Long Beach, California, to recover damages against respondent, who, as sheriff, attached an automobile belonging to appellant. The only question presented is whether an automobile used by a physician in the legitimate practice of his profession is exempt from attachment or execution under section 690 of the Cod...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 723
This is an appeal from a verdict in favor of defendant, in an action for damages for the death of the husband of plaintiff which occurred as the result of coming in contact with an automobile while crossing a city street.
The plaintiff complains of the gi...
Views: 3
The defendant appeals from an adverse judgment in an action for the rescission of a contract for the sale of land, and for the recovery of certain payments made thereunder, one of the grounds of appeal being insufficiency of the evidence to sustain the findings.
On January 3, 1921, plaintiffs entered into the contract in question for the purchase of ten acres of land in San Luis Obispo County belo...
Views: 0
The defendants Bradford and Ammerman were jointly tried on an information charging them with a violation of the provisions of section 470 of the Penal Code. The jury returned a verdict finding both defendants guilty as charged and the defendant Bradford alone has appealed upon a typewritten record from the judgment following the verdict and from the order denying his motion for a new trial.
The in...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 703
This is an appeal by the executor of Gertrude E. Haweis from a judgment in an action to foreclose a mechanic's lien. Mrs. Haweis, was the owner of certain real property in Los Angeles County, California; she leased the second floor of the building thereon...
Views: 5
This is an action on an accident and health insurance policy issued by the defendant to the plaintiff October 11, 1916. Plaintiff was given judgment for the amount of unpaid indemnity at the weekly rate specified in the policy for total disability caused by disease. The defendant has appealed from the judgment on the judgment-roll and a bill of exceptions.
The complaint is in the usual form. It al...
Views: 7
Defendant was tried and convicted upon an information charging the violation of section 476 of the Penal Code. From the judgment following the verdict and from the order denying his motion for a new trial he has appealed upon a typewritten record.
The information charged that on the eighth day of September, 1925, in the county of Alameda, the defendant passed a certain fictitious check purporting ...
Views: 11
The facts appear to be that by the terms of a will the testator left all his property in trust to defendant herein as trustee for the benefit of the widow of the testator during her natural life, and at her decease (provided that she should live ten years after the decease of the testator), to be distributed equally among the three sons of the testator. Furthermore, if the widow were to die at any...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 671
Appellant is a manufacturer of automobile tires. Toward the end of the year 1919 it solicited respondent as jobber and distributor to carry as its leader, and push the sale of, Thermoid tires and tubes manufactured by appellant. A written contract was sig...
Views: 9
This is an appeal from a judgment in favor of plaintiff for damages alleged to have been caused to him by reason of the removal by defendant of a refrigerator from certain premises which defendant leased from plaintiff.
It appears that the building in which the refrigerator was installed had no studding in its construction, but that the walls thereof were built by placing wooden boards in an uprig...
Views: 0
The defendant was tried before a jury upon an information charging him with contributing to the delinquency of a minor child. From the judgment following the verdict of conviction and from the order denying his motion for a new trial he has appealed upon a typewritten record.
The information charged in the language of section 21 of the Juvenile Court Act that the defendant sold a quantity of intox...
Views: 5
Defendant was tried on an information charging a violation of the Corporate Securities Act (Stats. 1917, p. 673). The jury returned a verdict of conviction, but the trial judge granted defendant's motion for a new *Page 662
trial made upon all the statutory grounds. From this order the state has appealed upon a typewritten record.
The information charged that the defendant, as president of the He...
Views: 0
A proceeding in certiorari to review an award made by the Industrial Accident Commission to respondent J.A. McCullough.
The petitioner was the proprietor of a barber-shop in the city of Stockton, and respondent McCullough at the time of the injury for which he sought compensation was conducting a bootblack-stand on the premises occupied by petitioner. Respondent paid no rental for the privilege of...
Views: 9
Plaintiff, as administrator of the estate of May Howe, sued the defendant for money had and received. The complaint alleged that on June 21, 1923, May Howe was the owner of money on deposit in a savings account in the Anglo-California Trust Company and of Liberty bonds held by the same bank, amounting in all to $3,949.27; that on said day she authorized the said bank to pay the money to defendant ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 644
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 645
The defendant was convicted of robbery in the first degree and has appealed from the judgment of conviction an...
Views: 9
The plaintiff commenced an action to recover moneys from the defendants. The defendants interposed a demurrer which pleaded that the plaintiff's second amended complaint did not state facts sufficient; that plaintiff's alleged cause of action was barred by the provisions *Page 637
of subdivision 4 of section 338, section 359, and subdivision 1 of section 338 of the Code of Civil Procedure; and ce...
Views: 0
The plaintiff commenced an action against the defendants to recover a judgment for money. The defendants appeared jointly and filed a joint demurrer, *Page 629
the joint demurrer was sustained and a judgment based thereon was entered. From that judgment the plaintiff has appealed.
[1] The defendants interposed a preliminary objection to the hearing of this appeal. The objection rested on the fact...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 613
This is an appeal from a judgment entered in favor of respondent and against appellant on account of a compromise agreement. The allegations of the complaint may be summarized as follows:
In May, 1920, A.W. Scott and Frank Burt were promoting the Golden G...
Views: 2
A proceeding to review an order of confirmation made by the Superior Court in and for the City and County of San Francisco in the matter of the estate of William Miller, deceased.
The deceased in his lifetime, pursuant to an agreement with Herman Murphy and others, paid the taxes, amounting to $996.37, which were a lien on certain real property in Alameda County. The title to the property was in l...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 601
The plaintiff was injured while riding in an automobile operated by defendant Hattie M. Morris, and Robinson A. Morris, who was the husband of the latter, was joined as a defendant in the action.
The complaint contained general allegations of negligence i...
Views: 7
The petitioner Railway Company petitioned the court below for an alternative writ of mandate to compel the respondents, as members of and constituting the board of supervisors of the county of Sierra, to enter upon the minutes of said board an order directing the auditor of said county to cancel certain assessments of taxes levied upon certain real property of petitioner and, further, to cancel th...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 569
This is an appeal from a judgment against the defendant A. Mattei for the sum of $3,026.66 for labor and materials furnished.
The complaint was drawn in three counts. The first clause of action was based upon an alleged open book account; the other two ca...
Views: 5
An appeal from a judgment in an action to recover the possession of certain real property situated in Los Angeles County.
The plaintiff alleged title with the right to possession and averred that the defendants were wrongfully in possession *Page 562
of the property. These allegations were denied by the defendants, who by their cross-complaint alleged that they were the owners of the property; th...
Views: 3
An appeal from an order granting a new trial. An action for slander was brought by appellant in which a jury returned a verdict against respondent in the sum of $2,000.
The latter moved for a new trial on several grounds, among which were that the evidence was insufficient to justify the verdict, that the damages awarded were excessive and the verdict given under the influence of passion and preju...
Views: 15
Plaintiff, a licensed architect, brought this action to recover damages for an alleged breach of contract of employment. A general demurrer to the second amended complaint was sustained with leave to amend, but plaintiff having declined to amend, judgment of dismissal was entered, from which judgment plaintiff appealed.
The essential averments of the complaint are: That on April 15, 1919, defendan...
Views: 3
This is an action in equity brought to restrain the defendant, as the auditor of the county of San Joaquin, from drawing his warrant upon the treasurer of said county, in payment of a certain claim allowed by the board of supervisors in favor of the San Joaquin County Fair Association. *Page 533
The plaintiff had judgment and the defendant appeals.
The transcript shows that in 1919 the San Joaqui...
Views: 1
The plaintiff, a minor, by his guardian ad litem, brought this action to recover the amount which he alleges he paid on a contract for the purchase from defendant of a dairy business, livestock, and other personal property, and which contract the plaintiff disaffirmed on the ground of his minority. The court found in effect that the plaintiff had so paid the sum of $2,300, and that he had received...
Views: 0
This is an appeal from a judgment on an instructed verdict in favor of respondent in an *Page 521
action brought by appellant against respondent, an attorney at law, for alleged negligence in handling a claim placed in his hands for collection. Respondent in his answer denies the alleged negligence and as a separate defense sets up the statute of limitations.
It is charged in the action and urged...
Views: 8
An appeal from an order denying motion for a change of venue.
An action was brought by San Jose Hospital, a corporation, against defendant E.E. Etherton, a resident of Los Angeles County, to recover damages for the failure of the latter to complete the construction of a building in accordance with the contract between the above parties and against defendant Hart-Wood Lumber Co., a foreign corporat...
Views: 5
This is an appeal from a decree adjudging "The South San Francisco Journal and South San Francisco News" to be a newspaper of general circulation pursuant to section 4462 of the Political Code.
Appellant contends that because a newspaper is made up in part of what is commonly termed "boiler-plate," material which is prepared elsewhere, the paper is not printed and published at South San Francisco,...
Views: 0
Page 414
A proceeding in certiorari to review an order of the Industrial Accident Commission awarding compensation for the death of Alexander S. Gardiner.
The petitioner was the insurance carrier for a copartnership known as Balfour, Guthrie Company, by whom the deceased was employed at the time of his death.
The deceased had been an employee of the insured for several years and in June, 1926, was sent by...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 501
An appeal from a judgment foreclosing the right of appellants to purchase under a contract for the sale of real property.
The parties on December 1, 1922, entered into a contract in writing by which respondents agreed to convey to appellants certain land ...
Views: 1
THE COURT.
In substance, the petitioner herein prays for a writ of mandate to compel the Superior Court to allow a jury trial in a case wherein the right of trial by jury has been denied. [1] On the stated facts, set forth in the petition, mandate is not the appropriate remedy. (Donohue v. Superior Court, 93 Cal. 252
[28 P. 1043].)
Wherefore it is ordered by the court that the petition for writ of...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 487
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 488
This is an appeal from a preliminary injunction restraining the appellants from infringing upon certain tradem...
Views: 14
The plaintiffs, Frank J. and Winifred Hassell, as husband and wife, brought this action to recover *Page 481
damages on account of personal injuries sustained by the latter in falling from a landing at the top of an outside stairway in the rear of a two-story dwelling, plaintiffs being at the time the occupants of a portion of said dwelling and alleging that said landing was used jointly by them ...
Views: 5
This is an action to recover damages for breach of promise of marriage and seduction under such promise. The case was tried before a jury, which returned a verdict in favor of defendant. In due time the plaintiff moved for a new trial and the court made and entered the following order:
"The Court is constrained to hold that the evidence is insufficient to justify the verdict of the jury; that plai...
Views: 0
This is an action to recover damages for personal injuries sustained by plaintiff when a steel fishing-rod, which he was carrying, came in contact with a sagging wire of the defendant's power line. The jury returned a verdict in favor of defendant, and judgment was entered *Page 466
accordingly. The plaintiff has appealed from the judgment.
The action is based upon the alleged negligence of the d...
Views: 8
This is an action to foreclose a chattel mortgage given by defendant to plaintiff on a crop of barley and an automobile to secure the payment of a promissory note for $1,000. Plaintiff was given judgment for $300 and interest and also the sum of $100 as attorney fees, and the automobile was ordered sold to satisfy the judgment. The defendant has appealed. The court found:
"That the crop of barley ...
Views: 3
Plaintiff had judgment in an action to recover for work and labor performed, etc., in plowing, grading, and leveling a certain tract of land situate in the county of San Joaquin, and the defendant Silva appeals.
The appellant assigns five specific errors, as reasons for reversal of the judgment herein, to wit: 1. Error of the trial court in allowing amendments to pleadings to conform to the proofs...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 440
Defendants and cross-complainants Elva May Beer and Leslie P. Beer appeal from judgments rendered in favor of defendants and cross-complainants Caldwell and Annechini, except from that part of said judgment discharging the First National Bank of La Habra ...
Views: 2
This is an action to recover judgment for nonpayment of several promissory notes and attorneys' fees, and for the arrest of defendant, and his confinement in the county jail in Los Angeles County, etc., on the alleged ground that the defendant obtained from plaintiff the moneys for which said notes were given, by false and fraudulent representations.
The defendant was personally served with summon...
Views: 0
The plaintiff commenced an action against the defendants to recover on six separate promissory notes. All defendants answered and a trial was had before the trial court sitting without a jury. The trial court made findings of fact in favor of the plaintiff and from a judgment based thereon the defendants have appealed under section 953a of the Code of Civil Procedure.
Each note was dated March 26,...
Views: 0
Prohibition. Petitioners seek to prevent the respondent Municipal Court of the City of Los Angeles from proceeding further in an action pending in said court, in which action respondent Dietterich is the plaintiff and petitioners herein are the defendants.
Other than that the action was brought in the Municipal Court of the City of Los Angeles, in the county of Los Angeles, the facts material to t...
Views: 0
This is an action prosecuted by plaintiffs to recover damages for injuries sustained, due to the alleged negligence of the defendants. The case was tried before the court without a jury. Judgment went for plaintiff Katherine M. Sheckles, in the sum of $500, and for her husband, coplaintiff Walter B. Sheckles, in the sum of $387. From the judgment entered, the defendants present this appeal.
There ...
Views: 0
The findings of the court include the following facts: On the fifteenth day of April, 1920, the plaintiff was the owner of a motor-boat named "Thais," which was moored at a wharf or dock known as the First Street Dock, in and upon the waters of Los Angeles harbor. On the morning of that day appellant was operating and had the exclusive control and management of the freight steamer "West Hixton," w...
Views: 14
Action on a bail bond. Defendants appeal on the judgment-roll alone.
Appellants concede that all the facts are contained in the findings of the trial court. According to the findings, there was filed on December 9, 1921, in the superior court of the *Page 405
state of California, in and for the county of Los Angeles, an indictment entitled "People of the State of California v. W.S.Kirby," being c...
Views: 0
The trial court awarded a judgment in favor of the plaintiff against the defendant and from that judgment the defendant has appealed under section 953a of the Code of Civil Procedure.
The first point made by the defendant is that the trial court made a finding which is not sustained by the evidence. The contention is correct, but it is of no benefit to the defendant, as will appear from a consider...
Views: 0
This action is by plaintiff to recover on two several promissory notes. The complaint is in two counts, in the first of which it is alleged that defendant, on the eleventh day of July, 1924, made, executed, and delivered to plaintiff his promissory note for the sum of $297, payable three months after date, together with interest thereon at the rate of seven per cent per annum. Said note is set out...
Views: 0
On the tenth day of December, 1926, the district attorney of Alameda County filed an information against the defendant charging him with the crime of bigamy. On December 14th the defendant entered a plea of not guilty. By consent the cause was set for trial on January 10, 1927. On that date the trial was continued until a subsequent date. However, on January 12, 1927, by consent, the last-named or...
Views: 10
This appeal is from an order denying the defendant's motion to set aside and vacate the judgment and her default for failure to appear in the action. The complaint in the form of a claim and delivery action upon a conditional sales contract with a claim of three hundred dollars damages for detention was filed on January 5, 1923, and the motion was first noticed for March 21, 1923. The reason assig...
Views: 1
Plaintiff sued for the rescission of a written contract upon the ground that the consideration as to him had failed. The cause was tried before the court sitting without a jury and resulted in findings and judgment in favor of the defendant. Plaintiff has appealed upon a typewritten record. The whole attack upon the judgment is based upon the ground that the evidence is insufficient to support it...
Views: 0
This case comes before us upon a stipulated record. The trial court decreed that the codicil of April 12, 1921, was inoperative and of no effect, and ordered the issuance of letters testamentary to Union Trust Company and respondent Chapman, which was according to the direction of the testatrix, as stated in the will. The codicil was dated the same day as the will. It is admitted that it was holog...
Views: 6
This is an equitable action instituted by the plaintiffs seeking to enjoin the defendants from interfering with the plaintiffs' use and maintenance of a certain road over and across certain lands belonging to the defendant Howard Brady. The plaintiffs' right to the use of said road is based upon an alleged executed parol grant in the year 1918, when the then owner, Thomas Brady, in consideration o...
Views: 0
Plaintiff brought suit to recover damages for personal injuries and property loss arising from the alleged negligence of defendant in overflowing plaintiff's automobile tank at a gasoline filling station so that the automobile took fire, which caused the loss and injury. The trial court gave judgment for the plaintiff in the sum of $240, and the plaintiff appeals from the judgment.
Plaintiff's hus...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 339
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 340
This is an appeal from a judgment and the verdict of a jury awarding plaintiff $16,175 damages for personal in...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 327
This is an appeal from a judgment for defendants, in an action for alleged conversion of two carloads of grapes, shipped from Kings County, over the Southern Pacific Railroad, and originally consigned to the Bedig Produce Company at Chicago. The defendant...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 314
This is an appeal by the defendant, county auditor of Santa Barbara County, from a judgment of the superior court granting a writ of mandamus to plaintiff and directing the auditor to draw his warrants in favor of the respondent as city superintendent of ...
Views: 5
The trial court sustained a demurrer to plaintiff’s first amended complaint. Plaintiff failed to further amend within the time prescribed, which resulted in a judgment of dismissal from which this appeal is prosecuted. At the hearing before this court on the May calendar the death of the defendant and respondent was suggested by his attorney who appeared in the trial court. No reply brief or othe...
Views: 1
On December 23, 1924, petitioner sustained injuries and resulting disability, for which he filed claim for compensation against his employer and its insurance carrier.
On October 28, 1925, an award was made by the Commission granting to applicant compensation on a basis of temporary total disability, and providing for weekly payments to continue until the termination of the disability or until the...
Views: 2
This is an application for a mandate for the purpose of directing the judges of the Superior Court of San Bernardino County to vacate an order made by them dismissing an appeal to said Superior Court from a judgment theretofore rendered in a recorder's court.
[1] At the outset the respondents present a demurrer to the petition and contend that this court is without jurisdiction to issue a writ of ...
Views: 2
The appeal is from a judgment in favor of the plaintiff following defendant's failure to answer after his demurrer to the amended complaint had been overruled. The action is one for the breach of a written contract which is set out in full as a part of the amended complaint. [1] The demurrer is both general and special, but as the amended complaint was framed in three distinct causes of action, th...
Views: 2
The petitioner herein, Lawrence Culver, is a prisoner confined in the state prison, and has applied for a writ of habeascorpus.
It appears from his petition that he was charged in the superior court in and for Los Angeles County, in two informations, with seven distinct felonies, consisting of lewd and lascivious acts with a child under fourteen years of age, sex perversion, and the infamous crime...
Views: 2
Certiorari to review an award of the Industrial Accident Commission. On the fifteenth day of February, 1926, respondent Carrie Graham filed with the said Commission an application for adjustment of claim under the Compensation Act, in which it was alleged that *Page 289
one Fred Graham, her husband, sustained an injury due to straining himself by lifting a heavy crate on Thursday, November 19, 19...
Views: 5
On the eighth day of March, 1927, an information was filed in the superior court of the county of El Dorado accusing the defendants Charles Pilbro and Frank X. Walsh of the crime of wilfully and unlawfully manufacturing intoxicating liquor, etc., in said county. Both of the defendants, upon trial, were convicted. The defendant Walsh interposed a motion for new trial, which motion was denied, and t...
Views: 6
Plaintiff brought suit for the sum of $1,305.68, balance due on an open account for goods, wares, and merchandise sold and delivered to the defendant. Defendant answered alleging payment in full and filed a counterclaim alleging that defendant had become indebted to plaintiff in the sum of $1,390.53 and no more; that defendant had paid to plaintiff on said account the sum of $384.85; that defendan...
Views: 0
Plaintiff appeals from a judgment rendered for defendant in a suit brought for the recovery of a real estate commission.
Plaintiff and defendant entered into a written agreement on February 6, 1923, which recited that the plaintiff had made a sale to Frank G. Miller of a property known as the Cannon ranch, for a consideration of $32,500, and for the first payment on which Miller deeded his $6,000 ...
Views: 1
The defendant was convicted of the crime of violation of section 288 of the Penal Code *Page 770
and appeals from the judgment and from the order denying his motion for a new trial.
Appellant did not introduce any evidence as to defendant's general reputation in the community for the traits involved in the charge against him; but the prosecution in rebuttal was permitted to introduce the testimon...
Views: 12
This is a suit concerning the same transaction as Miller v.Reidy, No. 5580 (ante, p. 757 [260 P. 358]). Only a few facts need be here mentioned in addition to those stated in the opinion in that case. In this action Reidy filed a complaint in which he sought to recover $2,000 with interest deposited with the lessors by the original lessee, Rutledge, as security for the faithful performance of the ...
Views: 0
At all the times herein mentioned Dr. J.T. Miller and his wife, Hulda S. Miller, have been the owners of real property situated at 1140 to 1142 South Figueroa Street, Los Angeles, and the business building thereon. They leased the premises to one Rutledge, doing business under the name of Rutledge Motor Company. By the provisions of the lease the latter's tenancy began on the first day of February...
Views: 6
This is an appeal by the defendant from a judgment in favor of plaintiff adjudging plaintiff the owner of the exclusive right to the possession of certain lands in Kern County to prospect for and remove oil and gas therefrom and to the possession of said lands, and decreeing that defendant had not any right, title, or interest in said land and enjoining defendant from asserting any claim of owners...
Views: 0
This is an appeal from an order of the court granting a new trial after verdict of the jury for damages for personal injuries.
The facts alleged by plaintiffs were that Julia H. O'Brien, one of the plaintiffs, went to the drug-store of defendant and after making a purchase attempted to enter the ladies' toilet, but finding it occupied was directed by the porter to the "Gents' Toilet," situated at ...
Views: 0
Defendant was tried and convicted upon an indictment charging perjury and appeals *Page 734
from the judgment and from an order denying his motion for a new trial. By demurrer to the indictment and also by motion in arrest of judgment he raised the point that the indictment does not state facts sufficient to constitute a public offense. The act charged as perjury was the verification of an answer...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 722
Charles H.W. Brandt, by his first wife, Theresa Brandt, had five sons and three daughters. Theresa was the sole heir of her father, C.A. Bachmann, and inherited from him all the lands referred to herein. After the descent was cast from Bachmann, Theresa g...
Views: 7
Plaintiff alleges that he was induced to make deeds, with grantee's name in blank, to properties described in this action and that the deeds were placed in escrow with one Mollie L. Ramey; that the name of Mollie L. Ramey was later written in as grantee and then erased and the name of F.S. Greening written instead, all without his authority or consent. The defendants admit the filling in of grante...
Views: 1
A proceeding in mandamus to compel respondent, as Auditor of the county of Alameda, to pay to petitioner compensation as a deputy sheriff of that county for the month of June, 1927.
It was stipulated by the parties that at the general election held on November 2, 1926, a charter was adopted for the county of Alameda, which charter was ratified and approved by the legislature on January 18, 1927.
T...
Views: 2
The defendant W.M. Roberts was convicted on two charges of embezzlement and was sentenced to imprisonment in the state prison. He appeals from the judgment of conviction and from the order denying his motion for a new trial. The charging part of the first count of the information is as follows: *Page 699
That the defendant "was the agent and bailee of Pacific Gas and Electric Company, a private c...
Views: 2
This is an appeal taken from a judgment in favor of respondent on a petition for revocation of probate of the will of M. E. Melvin, deceased. The contest was on three grounds: First, that the decedent was of unsound mind at the time of the execution of the will; second, that the purported will was not executed in the manner required by law, in that the purported will was not, in the form in which...
Views: 11
Plaintiff had judgment in an action to quiet title to certain tracts of land lying and being in the county of Tulare; also to certain city lots in the town of Kingsburg, in the county of Fresno; and to an undivided one-half interest in a certain ten-acre tract in Springfield Colony, in the county of Fresno. From this judgment the defendant appeals.
The lands involved are described as the west half...
Views: 11
The contestants appeal from the judgment and orders of the trial court admitting a foreign will to probate; appointing Citizens Trust and Savings Bank administrator with the will annexed; denying the contest of Joseph P. Mahoney, and overruling his objections to probate of said foreign will.
On May 28, 1926, respondent Citizens Trust and Savings Bank, a corporation, of Los Angeles, at the request ...
Views: 4
Defendant appeals from a judgment of conviction of the crime of murder in the first degree. Upon recommendation of the jury, the sentence was imprisonment. The testimony shows that the defendant shot and killed Rosilina La Fata upon a public street in San Francisco on February 27, 1924. Defendant was identified by witness Robert Lantz, who was standing within a few feet of the deceased at the time...
Views: 0
This is an appeal from a judgment of conviction of the crime of robbery. The evidence showed that the appellant entered the grocery store of Salvatore Turco in San Francisco and by means of threats with a gun robbed Turco’s person and his cash drawer and also the person of Charles A. Prince, who happened to be in the store at the time. Appellant’s co-defendant Webb sat in an automobile outside th...
Views: 10
This is an appeal from a judgment in favor of plaintiff, based upon fraudulent misrepresentations. The ground of the appeal is insufficiency of the evidence to prove that the representations made were false or fraudulent.
The evidence showed that the president of the appellant company, over the signature of the company, sent circular letters to its stockholders, including' plaintiff, and t...
Views: 0
Plaintiff brought this action against defendant for the purpose of obtaining judgment that the defendant, her brother, holds in trust for her an undivided one-fourth interest in the southeast quarter of the southeast quarter of section 13, township 3 north, range 21 west, San Bernardino base and meridian, containing forty *Page 658
acres of land, and for an accounting of all sums received by him ...
Views: 5
The appellant, Mrs. Agnes Thornton, was tried upon an information containing two counts, the first charging her and one Bobby Clark with arson, and the second charging the same persons with burning insured property with intent to defraud an insurance company. The arson charged in the first count was the burning of a dwelling-house at 3615 Paloma Street, in the city of Los Angeles, and the second c...
Views: 6
As disclosed by the prayer of the petition herein, the purpose of petitioners is to prohibit the respondent Municipal Court from proceeding in an action therein pending in which respondent Yale is the plaintiff and the petitioners herein are the defendants. From the petition it also appears that each of such defendants is a resident of the city of Santa Monica, of the county of Los Angeles, in whi...
Views: 1
Plaintiff, a minor, brought this action by his guardian to recover the proceeds of a life insurance policy in which he had been designated as beneficiary. The defendant Insurance Company contested payment on the ground that the policy had lapsed because of the failure to pay the premium. Judgment was entered in plaintiff's favor and defendant appeals.
The following facts are established by the evi...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 626
An appeal from a portion of a judgment entered in an action on a promissory note.
The note was executed on August 12, 1920, by defendant Armstrong to Nathan Co., a corporation, for the sum of $3,000, the principal with interest thereon being payable one ...
Views: 2
This is an appeal by defendant from a judgment in favor of plaintiff in a suit for the conversion of 51,426.3 feet of 8-inch pipe and 500 thread protectors brought by A.J. Oliver, as trustee in bankruptcy for the partnership consisting of H.L. Emerson and R.K. Howk. The trial of the action took place before the court sitting without a jury, and resulted in findings of fact that the defendant had c...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 609
Judgment annulling marriage of Alice Jones Alameda to Joseph Alameda was entered in this case, and from this judgment the defendant appeals.
The original complaint filed in this action was by J.M. Jones, the father of the minor, Alice Jones Alameda. A dem...
Views: 1
The plaintiffs had judgment in the above-entitled action, and the defendant appeals.
The record in this case discloses that on or about the twenty-first day of March, 1924, the plaintiff Fannie M. Cox was a passenger on a street-car then owned and operated by the defendant in the city of Sacramento. That at the intersection of Eighth and K Streets, in said city, the car in question came to a stop ...
Views: 6
By an information filed on the ninth day of February, 1927, the defendant was accused of the crime of murder, in that the defendant did, on or about the twenty-fifth day of December, 1926, at the county of Butte, in the state of California, wrongfully, wilfully, unlawfully, feloniously, and with malice aforethought, kill and murder one Aleata Pearl Coan. Trial was had upon this information, and on...
Views: 6
The defendant was charged by information with the crime of assault with a deadly weapon or instrument and by means and force likely to produce great bodily injury, and in a second count thereof, with involuntary manslaughter, both alleged offenses growing out of the same transaction. The defendant entered a plea of "not guilty" on each count, the cause was tried and the jury returned a verdict of ...
Views: 6
Petitioner brought this proceeding in certiorari to have annulled an award made by the Industrial Accident Commission denying his application for compensation upon the ground that the same was barred by the provisions of section 11 of the Workmen's Compensation Act of 1917 (Stats. 1917, p. 841). *Page 568
The record discloses the following facts: Petitioner on February 8, 1921, while employed as ...
Views: 0
This is an action based upon the alleged negligence of respondent, who is an attorney at law practicing in Los Angeles. Respondent was retained by appellants to represent their interests in the estate of Russell Wayman, deceased, which estate at the time of respondent's employment was in the course of probate in the superior court of Los Angeles County, and this action was brought after the decree...
Views: 4
Plaintiff had judgment in the sum of $8,625 upon a certain policy of insurance covering costs of *Page 544
the production of a crop of barley belonging to the plaintiff and insured by the defendant. From this judgment the defendant appeals.
The transcript shows that on or about the first day of March, 1921, the plaintiff applied to the defendant for insurance in the sum of $20,700 on 1725 acres o...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 537
Appellant, Hattie Hollander, appeals from a judgment awarding damages for personal injuries sustained by plaintiff in being struck by said appellant's automobile. Her co-defendant, Arthur Hollander, was granted a nonsuit.
The proof offered by the plaintif...
Views: 11
In this original proceeding in mandamus the petitioners seek the peremptory writ compelling the respondents, as the board of supervisors of the Los Angeles Flood Control District, to proceed to construct a dam at the San Gabriel Canyon dam site of the height of 425 feet above the bed of the stream with a storage capacity of 240,000 acre-feet of water, or to construct to completion a dam of such he...
Views: 3
On February 8, 1923, William Shaw duly executed his last will and testament, in which, among other things, it was provided:
"Twelfth: I hereby affix the compensation of my executor and trustee at the sum of $10.00 per month, for the first twelve months after qualifying as such, and $5.00 per month for each month thereafter."
On February 16, 1925, he duly executed a codicil to his will changing the...
Views: 0
The defendant was tried upon an information charging a violation of section 508 of the Penal Code, covering the crime of embezzlement as an agent. From the judgment following the verdict of guilty and from the order denying defendant's motion for a new trial he has appealed upon a typewritten record.
The defendant and the complaining witness were on very intimate terms during the early part of the...
Views: 1
Application for writ of mandate prayed to be directed to the Auditor of the City of Oakland to approve a salary demand. Upon the filing of the petition an alternative writ issued from this court commanding respondent to allow said demand or show cause to the contrary. In response thereto he has appeared and demurred to the petition. The facts and legal contentions in reference thereto are as follo...
Views: 15
This is an appeal by Margaret Kinahan and Catherine Mongan from that part of the order of distribution in the matter of the estate of Rose Fritze, deceased, which adjudges that said Margaret Kinahan and Catherine Mongan are not entitled to share in the distribution of the sum of $3,766.56, the amount of said estate given by the will of said deceased to charity in excess of that allowed by law and ...
Views: 9
The application herein for a writ of mandate is denied. Neither the transcript of the min *500 utes of the trial court nor of the entries in the clerk’s docket show that said cause was ever ordered submitted for determination and decision. On the contrary it appears from said docket entries and from the files in said cause that on February 28, 1927, which was long after the trial court had dire...
Views: 0
This is an appeal by the plaintiff from a judgment in favor of the above-named defendants who had signed a proposed agreement for exchange, reading as follows:
"This agreement witnesseth: That J. Willis, Maria A., Theresa S. and Frances W. Griebnow owner of the following described . . . First Piece of property situate, lying and being in California, County of Imperial . . . all of which we desire ...
Views: 2
The respondents herein petitioned the superior court for an order to compel the Board of Building and Safety Commissioners of the City of Los Angeles and the chief inspector of that board to issue a permit to erect a building on certain real property situated in said city. Appellants, although given legal notice, made no appearance by answer or demurrer. However, at the time of the hearing on the ...
Views: 10
The contestant appeals from a judgment, order, and decree overruling her objection to the admission to probate of the foreign will of the deceased and admitting the same to probate and appointing the petitioner administrator of the estate with the will annexed.
[1] The sufficiency of the proofs of the foreign probate is the sole question presented on this appeal. The petitioner produced and offere...
Views: 0
Pursuant to a complaint filed in the justice's court of Temescal township, county of Riverside, charging the defendant therein (petitioner here), with the commission of a felony, defendant was arrested and after examination was committed and ordered to be held for trial on information to be filed in the superior court. The defendant, however, in accordance with the magistrate's order admitting him...
Views: 10
Two appeals are here presented under one record, an appeal by plaintiff from a judgment of nonsuit in one case and from a judgment in favor of defendant in the other.
Plaintiff brought one action as administratrix of the estate of her mother, Ellen M. McIntosh, deceased, to cancel certain deeds made by her mother to her sister, May J. McIntosh, the defendant. Plaintiff also brought another action,...
Views: 10
In an action prosecuted by the Chicago Lumber Company against Leal Sons Lumber Company, a writ of attachment was duly issued and placed in the hands of the defendant, who, pursuant to the authority thereof, seized certain lumber claimed by and in the possession of the plaintiff herein. Judgment in that action was rendered in favor of the plaintiff therein and the defendant herein sold the lumber ...
Views: 2
Petitioner applies for a writ of review for the purpose of having annulled a judgment of the respondent Superior Court rendered on the merits, after trial de novo, in an action brought before said Superior Court on an appeal from the justice's court taken on questions of law and fact. Petitioner's main contention is that there was no trial of the facts in the justice's court, and that therefore th...
Views: 2
This is an action for damages for personal injuries sustained by the plaintiff, caused by the negligent operation of a truck driven by the defendant Kadowaki. The truck ran into a large iron post standing embedded in the sidewalk at a street corner in San Francisco. The iron post broke off and fell upon the plaintiff, injuring him. The defendant operating the truck at the time was an apprentice me...
Views: 7
Petitioners are plaintiffs in an action for damages pending in the superior court of the state of California, in and for the city and county of San Francisco, and sought to take the deposition before a notary public of one of the defendants named in said action, who refused to answer the questions propounded to him. He was thereupon cited to appear before respondent as judge of said superior cour...
Views: 2
The defendant was convicted by the verdict of the jury with the offense of embezzlement and appeals from the judgment pronounced upon the verdict and an order denying his motion for a new trial.
The facts essential to an understanding of this appeal are as follows: C.B. James Son were the owners and operators of a garage in San Fernando and as a part of that business sold new and used automobiles...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 442
This is an action by a shipper against a common carrier for damages for negligence in transporting two carloads of grapes from Fulton, California, to Buhl, Minnesota. The negligence alleged in the complaint was unusual delay and failure to properly ice th...
Views: 10
The information herein, charging the defendants with the crime of robbery, was filed October 21, 1926. On their arraignment two days later the defendants appeared without counsel and, after being duly informed of their rights, stated that they did not desire counsel to represent them. Tossey, who will be referred to as the defendant, stated that his true name is James Trautman. They both entered p...
Views: 1
The defendant was convicted of the crime of lewd and lascivious conduct with a child, his daughter, then of the age of nine years. This appeal is from the judgment and the order denying a new trial. At the trial the child positively denied that the defendant committed any of the acts charged. On the ground that he was taken by surprise by such denial, the district attorney was permitted to prov...
Views: 4
Plaintiff had judgment in the sum of $9,284.50 upon an action instituted to recover said sum on two certain policies of life insurance alleged to have been issued by the defendant, insuring plaintiff's husband, William Wolf Bloom. The policies in question were each for the sum of $5,000 and judgment was awarded for the amount *Page 421
of each policy, less the premium due thereon in the sum of $3...
Views: 10
The defendant was charged by information with the offense of having in his possession intoxicating liquor containing alcohol in excess of one-half of one per cent by volume, for beverage purposes. The information further charged a prior conviction of the offense of possession *Page 415
on February 19, 1926, and a second prior conviction of the same offense on October 30, 1926. The jury returned a...
Views: 10
The defendant was charged in an information consisting of three counts with the offenses denounced by section 337a of the Penal Code, in subdivisions 2, 3, and 4 thereof, the first count accusing him in effect of *Page 408
keeping a room with papers and paraphernalia for the purpose of recording wagers laid on horse-races, the second of holding or forwarding money wagered on horse-races, and the ...
Views: 10
The defendant was charged by an information containing two counts with the commission of two felonies. In the first count it was alleged that he illegally gave and furnished to one Madge Serber a preparation of cocaine on September 22, 1926, and the second count charged that he illegally sold a preparation of morphine to the same person on September 26, 1926. At the trial he was convicted upon bot...
Views: 10
This is an action to quiet title to certain real property in Inyo County, together with *Page 400
certain shares of the capital stock of Bishop Creek Ditch Company, a corporation, and the waters for irrigation of said land represented by said shares and furnished to said land by said corporation. Judgment passed for plaintiffs and the defendant appeals from the judgment and the order denying the ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 390
Appellant was the owner of and operated a steam laundry in the city of Los Angeles and had obtained a permit for and contemplated erecting and operating another laundry in the same community. The respondents, residents of that vicinity, sued to obtain an ...
Views: 12
The plaintiff commenced an action against the defendants to recover a judgment for damages alleged to have been suffered by reason of being struck by an automobile truck owned by the defendant Lumber Company and operated by the defendant Peter Leonard. The defendants answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the defendants and...
Views: 9
Certiorari to review an order setting aside and vacating an interlocutory decree of divorce. So much of the facts as are necessary for a discussion of the case show in substance that petitioner herein filed an action for divorce in San Mateo County against Myron L. McKeever, charging him with cruelty and praying that the community property be awarded to her. Defendant was personally served with su...
Views: 8
The plaintiff and appellant commenced an action in ejectment alleging ownership in lot 9, block 20, in the city of Oxnard and seeks to oust the defendants from possession thereof. Defendants, by answer, denied plaintiff's ownership and by cross-complaint defendant Immel alleged that he and plaintiff are father and daughter; that confidential relations existed between them; that in November, 1914, ...
Views: 10
The plaintiff commenced an action against the defendant to obtain a decree for permanent support and maintenance. She pleaded in the first cause of action the extreme cruelty of the defendant. In the second cause of action she pleaded his desertion of her on the fifteenth day of May, 1922. Thereupon she prayed for a division of the community property and for $150 per month for her permanent mainte...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 362
This is an action brought to foreclose a chattel mortgage dated October 31, 1923, executed by defendants to plaintiff, and covering certain cattle, horses, and farming implements. The chattel mortgage was given to secure the payment of a promissory note o...
Views: 4
The plaintiff sued to recover compensation alleged to have become due and payable through a real estate transaction. The trial court made findings in favor of the plaintiff and the defendants have appealed under section 953a of the Code of Civil Procedure.
The plaintiff pleaded his case in two separate counts. The defendants did not interpose a demurrer but appeared and answered. Some uncontrovert...
Views: 0
Application for peremptory writ of mandate, directing respondent court and the Honorable Judge thereof to proceed with the hearing and determination of a certain cause. The petition is filed on behalf of Berneita Mechler, a minor, by Nora Mechler, her guardian ad litem, and it recites in substance that on or about the thirtieth day of March, 1927, the said minor, through her guardian, instituted a...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 334
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 335
This is an action for damages in the total sum of $31,655.56 for personal injuries alleged to have been sustai...
Views: 8
This is an appeal from a judgment entered upon an order sustaining a demurrer to a fourth amended complaint, without leave to amend. The action was brought in California against a father for injuries resulting from an alleged tort of his minor child, which occurred at the residence of the father in the territory of Hawaii.
The complaint was filed April 26, 1924, and alleges that plaintiff "is, and...
Views: 13
Respondent claims that an order refusing to set aside judgment and to enter a different judgment on the findings is not appealable.
[1] The notice of motion to vacate judgment, an appeal from the ruling on which is the matter now before this *Page 321
court on appeal, is a somewhat lengthy and somewhat complicated notice of motion, and recites that it is made under the provisions of sections 663 ...
Views: 1
This is an appeal by plaintiffs from a judgment of the superior court of Los Angeles County, dismissing the action upon the ground that the complaint does not state facts sufficient to constitute a cause of action. Defendant has not submitted any authorities or made any argument in support of the judgment of dismissal that she obtained in the trial court. The appellants state that the trial court ...
Views: 0
THE COURT.
The defendant was charged with the murder of his wife. He was convicted of murder of the first degree and his punishment was fixed at life imprisonment. The appeal is from the judgment and the order denying a new trial.
[1] The transcript on appeal was filed in this court June 16, 1927. No brief has been filed in behalf of appellant. The cause was regularly placed on the September calen...
Views: 0
THE COURT.
The defendant was convicted in the superior court of Stanislaus County of a felony, to wit, the crime of assault with a deadly weapon.
[1] The transcript on appeal was filed in this court May 31, 1927. No brief has been filed in behalf of appellant. The cause was regularly placed on the September calendar for oral argument. No appearance was made for appellant at the time the case was c...
Views: 0
The defendant was charged by an information in two counts with the offense of statutory rape. At the time of the trial the prosecutrix testified that she did not have sexual intercourse with the defendant on the day of June 13, 1926, as alleged in the second count, and for that reason it was dismissed. She did, however, testify that the offense charged in the first count was committed on June 6, 1...
Views: 9
On February 10, 1927, a complaint was filed with the justice of the peace of Temescal township, in the county of Riverside, charging the appellant with having committed "the crime of misdemeanor, to wit, the unlawful manufacture of intoxicating liquor," in the city of Corona, Riverside County, on or about February 9, 1927. The justice *Page 303
of the peace thereupon issued a warrant for appellan...
Views: 13
This action was commenced by plaintiff for the purpose of obtaining a decree declaring a certain trust deed made by the defendant Smith to the plaintiff to be a mortgage to secure a note executed by the defendants Culley to the plaintiff and foreclosing the same. The defendants filed an answer claiming certain credits in addition to those admitted by the plaintiff in his amended and supplemental c...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 275
The plaintiff was awarded judgment for the sum of $2,391.41, with interest thereon at the rate of seven per cent per annum from the date of said judgment, on account of and for professional services alleged to have been performed by plaintiff's assignor a...
Views: 0
The defendant was convicted of the crime of robbery and upon this appeal makes the contention that the evidence was insufficient to show the commission of that crime by him.
At the trial Thomas N. Littlewood, charged by the information to have been the victim of the robbery, testified that in the evening of October 2, 1926, he hailed the defendant, who was a taxicab driver and previously unknown t...
Views: 15
The appellant was charged by information with the crime of murder. He was tried and by the jury’s verdict convicted of murder in the second degree. The trial court denied his motion for new trial, and this appeal is from that order, and from the judgment and sentence based upon such verdict. A consideration of two of the grounds urged for reversal requires a statement of the facts proven and of s...
Views: 19
A proceeding in certiorari has been instituted herein for the purpose of reviewing and having annulled an order made by respondent, as justice of the peace, setting aside a default judgment, the ground of the application being that the motion pursuant to which said order was made was not presented within the limitation of time fixed by statute.
The facts are as follows: Petitioner brought an actio...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 243
This is an appeal by the People from an order granting a new trial. The respondent and two others were tried on an indictment containing nine counts, of which the first charged a conspiracy by the defendants to obtain money by false pretenses from Mrs. Ca...
Views: 13
One of the actions herein involved was brought by the guardian of a minor for damages arising out of a personal injury alleged to have been sustained by said minor and to have been caused by and through the negligence of defendant. The other action was brought by the parents of the minor against defendant to recover damages on account of expenses incurred by said parents in connection with the med...
Views: 0
Defendant was convicted of the crime of rape, alleged to have been committed on one Carmen Mancha, a female aged about fifteen years. The appeal is from the judgment and from an order denying a motion for a new trial. It is contended that the evidence was insufficient to support the verdict and that the admission of certain testimony over objection and the giving of an instruction to the jury were...
Views: 4
This is an appeal from a judgment of the superior court annulling, upon writ of review, an order of the State Board of Dental Examiners whereby the license of respondent to practice dentistry in the state of California was revoked. The questions to be determined are whether there was any testimony adduced before the board showing that respondent was chargeable with knowledge that his unlicensed em...
Views: 10
This is an appeal by the defendants Pickwick Stages, Northern Division, a corporation, and George L. Toomey from a judgment entered against them upon a verdict of a jury in the sum of fifteen thousand dollars.
The plaintiff sustained severe personal injuries as a result of a collision between an autostage of defendant corporation upon which plaintiff was a passenger for hire and a Ford automobile....
Views: 13
This matter was confided to a referee, with directions to take evidence and to make findings upon the issues framed by the petition of the applicant and the answer of respondent thereto. The referee has performed his duty and all his findings are favorable to petitioner Respondent has taken exception to none of the findings, but despite that fact we have thought it our duty to examine minutely the...
Views: 0
This is an application for re-admission to the bar after disbarment. Petitioner was disbarred in 1918 because of the commission of an act involving moral turpitude. The grounds upon which he was excluded from the profession are shown in the opinion In re Cruickshank, 47 Cal.App. 496 [190 P. 1038], by which the judgment of disbarment was affirmed. The present proceeding was sent to referees with di...
Views: 0
The pleadings and the evidence in this case show that the plaintiff had an adopted son named John Phillips Godfrey and that he and the defendant in this action intermarried on or about February 3, 1922; that the plaintiff then resided at her home on Western Avenue, in the city of Los Angeles; that shortly after their marriage John Phillips Godfrey and his wife removed from a hotel to a residence w...
Views: 1
By an award of the Industrial Accident Commission dated November 12, 1923, compensation in the sum of $5,000, payable in weekly payments, was allowed against the employer’s insurance carrier, Fidelity and Casualty Company of New York, and in favor of Cora M. Deranleau, surviving wife of Michael Deranleau, who was killed by accident on June 30, 1923. Cora M. Deranleau died on the thirteenth day of...
Views: 1
Defendant appeals from a judgment of six thousand dollars upon the ground that the court applied the wrong measure of damages.
Defendant leased to plaintiffs a tract of rice land in Sutter County for the term of three cropping seasons. Plaintiffs paid six thousand dollars rent in advance which was, as the lease stated, the rent for all the first year and part of the second. Owing to defendant's fa...
Views: 0
Plaintiff sought by this action of partnership accounting to require defendant to pay one-half of the losses sustained in the purchase and sale of two carloads of catsup. Defendant denied any partnership relation and asserted that the loss, if any, fell upon plaintiff alone. The trial resulted in a judgment for defendant. [1] Plaintiff appeals, claiming that the testimony shows enough undisputed f...
Views: 0
[1] This appeal presents but one question for our determination: Shall the action of the superior court in refusing to permit the defendant to withdraw his plea of guilty and enter a plea of not guilty, be reversed or affirmed? The contention of the defendant is briefly stated *Page 195
by his counsel to be that through the representations and assurances of his attorney he was induced and persuad...
Views: 9
The petition has been received by the court by mail from Leavenworth, Kansas, with request by letter that the court act thereon and grant the writ.
The petition shows that on December 20, 1926, an indictment was returned into the Superior Court of Orange County, charging the petitioner herein with the crime of felony, committed by wilfully, etc., escaping from the county jail of said county while ...
Views: 0
This is an appeal by the defendant from an order of the court below denying defendant's motion to set aside a default judgment. The motion was heard upon affidavits under the provisions of section 473 of the Code of Civil Procedure. The facts as shown by the affidavits were briefly as follows: Defendant herein was a defendant in a criminal prosecution in the police court growing out of the same au...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 657
About 5:30 o'clock on the afternoon of September 20, 1925, two automobiles driven respectively *Page 658
by the defendants Clifford Truitner and Charles M. Knight collided at the intersection of Clovis and Adams Avenues in the county of Fresno, resulting...
Views: 10
This original proceeding by a qualified elector of the city of Coronado is brought to secure a writ of mandate directed to the trustees of that city compelling them to call a special election for the purpose of determining whether the following trustees (Humphrey J. Stewart, George Holmes, Fellows Jones, J.E. Alcarez, and Margarethe MacMullen) should be recalled and their successors elected. Since...
Views: 1
The respondent was plaintiff in a condemnation proceeding by which it was sought to take a certain lot with two houses thereon belonging to the appellant. A trial was had at which three witnesses testified on behalf of the respondent, and a like number on behalf of appellant. The court accepted the opinions of the former set of witnesses and rendered judgment that the property be condemned and tha...
Views: 9
This is an appeal from a judgment of dismissal entered on an order sustaining a demurrer to plaintiff's third amended complaint without leave to amend. The order provided that if plaintiff desired he could move to be allowed to file a fourth amended complaint, provided he served with his notice of motion a copy of his fourth amended complaint stating a cause of action. Plaintiff elected to stand o...
Views: 2
The plaintiff Bernzott sued for damages to his automobile caused by a collision with a passenger bus operated by the defendant on the public highway near San Carlos. The plaintiff Baldwin, a passenger riding with Bernzott at the time of the collision, sued for personal injuries. Both causes were consolidated for trial and were heard on the same evidence. The trial was had before the court sitting...
Views: 2
This is an appeal from a decree rendered in favor of plaintiffs, quieting title to two hundred acres of land in Tehama County.
The question involved in this action is whether the beneficiary under a trust deed is a necessary party to an action to set aside the deed on the ground that it was procured by fraud, or whether, on the contrary, the trustee as a party defendant represents the beneficiary ...
Views: 1
This action was instituted to foreclose a mortgage given to secure the payment of a promissory note for $5,000, dated June 6, 1922, payable on or before one year after date, and bearing interest at the rate of six per cent per annum. Both instruments were executed by Lycurgus Orr, who died prior to the commencement of this action. The answer denies the execution of the instruments *Page 623
and, ...
Views: 4
In this action the complaint alleges that the defendant became indebted to the plaintiff in the sum of $350 for services rendered at the special instance and request of the defendant. This issue was met by appropriate and sufficient denials on the part of the defendant. In response to this issue the court found: "That within one year prior to the filing of the complaint and issuance of summons her...
Views: 1
Plaintiff sued to quiet title to five United States Liberty bonds valued at $4,500 held by the Bank of Italy as a depositary for safekeeping. Judgment went for the defendants and the plaintiff has appealed upon a typewritten record.
The complaint is in the ordinary form in an action to quiet title to personal property. It alleges that on the sixth day of July, 1920, Sophia Reith and the plaintiff ...
Views: 6
Plaintiff began this action to recover possession of 9.57 acres of land situate in the county of Madera, state of California, to quiet her title thereto and for other relief. Defendants had judgment and plaintiff appeals.
This action involves the question of the performance of the conditions of a certain agreement entered into between the plaintiff and Marin J. Shepardson, dated February 16, 1924....
Views: 3
The plaintiff had judgment in an action brought to recover losses sustained by reason of a fire resulting from the alleged negligence of the defendant's employees and the defendant appeals.
The record shows that on the twenty-fifth day of August, 1923, and for some time preceding, the plaintiff owned and occupied a certain lot of land in the city of Dinuba, county of Tulare, state of California, o...
Views: 2
This is an action for money had and received, brought by plaintiff as one of defendant’s depositors with two accounts, one a commercial account opened in December, 1920, and the other a savings account opened in March, 1921. Judgment was rendered for plaintiff for $3,702.36, and from that judgment defendant appeals. Respondent neither having filed a brief nor presented oral argument, the appeal...
Views: 1
This is an action to quiet title to plaintiff’s interest in certain real property situated in Los Angeles County against claims of defendant based on an agreement which in terms gave defendant, for a limited period, an option for an oil lease.
The complaint alleges ownership and possession by plaintiff of a tract of land comprising 8.77 acres, and an adverse claim by defendant which is wit...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 568
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 569
This is an appeal by plaintiff from a judgment in favor of the defendants based on an order sustaining their d...
Views: 6
This is an action growing out of a building contract made March 17, 1920, between plaintiff as owner and defendant as contractor, which plaintiff asserted, and the court found, had not been duly performed by defendant. Judgment was rendered in plaintiff’s favor for $815 as damages, and from that judgment defendant appeals. Plaintiff’s amended complaint alleges the making of the contract for the...
Views: 2
This is an appeal by the defendant, Leffingwell, from a judgment adverse to him and quieting plaintiff’s title to the real property in controversy. In 1868 the government of the United States patented to William Hyer the fractional northwest quarter of section seven (7), township seven (7) south, range thirty-three (33) east, in the district of lands subject to sale at Stockton, California. In ...
Views: 0
The judgment, from which defendants appeal, covers eighty per cent of the value ($500) of a tractor, which was sold by the sheriff in execution of a judgment against the respondent's husband.
It is conceded that the tractor as originally purchased by respondent's husband was community property of the husband and wife. It was found by the court that said tractor had been purchased under a sales con...
Views: 3
This is an appeal by plaintiff from a judgment in an action wherein the relief sought was that of compelling defendants to file and record a certificate of redemption from a sale by the sheriff in execution of a judgment in a suit to foreclose a mortgage.
In substance, the facts are as follows: Defendant Lillian M. Gilbert, who by reason of her marriage after the institution of the action is now k...
Views: 4
Action for money had and received. The complaint is in two counts. Under the first it is alleged that plaintiff, on December 26, 1923, lent to the defendant at his request the sum of $1,000, which he promised to repay with interest thirty days after date. The second count alleges that defendant received said sum from plaintiff under a promise to repay the same within such time.
Defendant in his an...
Views: 2
Plaintiff brought suit to quiet title to certain portions of section 36, township 6 north, range 4 west, San Bernardino base and meridian, situated in San Bernardino County. Judgment was rendered for plaintiff and defendant appeals therefrom.
Plaintiff claims title through mesne conveyances from Charles S. McDuffee, patentee from the state of California, under date of April 14, 1890, and also as a...
Views: 1
Plaintiff brought two separate actions in the superior court of Fresno County, California, for the sum of ten thousand dollars damages for the death of Byron Metcalf, a seven year old son of plaintiff, alleged to have resulted through the boy being struck by an automobile negligently operated by the defendants on the morning of December 4, 1923, while the child was traveling on his way to school a...
Views: 2
The plaintiff, a finance promotion corporation, organized and existing under the laws of this state, whose principal place of business is in the city of Los Angeles, instituted this action to recover from defendant, as alleged in the first count of the complaint, the sum of $1,165, as for money "had and received," and, as alleged in the second count of the complaint, for the additional sum of $84....
Views: 1
Plaintiffs appeal from a judgment following an order sustaining defendants' demurrer to their amended complaint without leave to amend. The complaint purports to state a cause of action to quiet title and deals with the rights of adjoining land owners.
The allegations in the complaint are as follows: Plaintiffs are the owners of a twenty-five foot sand lot on Lake Street designated as lot A. Defen...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 472
Plaintiff brought suit to recover the purchase price paid by plaintiff to H.B. Eshleman, doing business under the style and firm name of H.B. Eshleman Realty Company, for certain real property which was owned by defendants and which was being sold by Eshl...
Views: 2
The defendant was charged by information with the crime of assault with intent to commit murder alleged to have been committed on February 15, 1926, and upon trial was convicted of simple assault. Upon this appeal *Page 465
he urges as grounds for reversal that the court erred in ruling upon matters of evidence and in refusing to give the jury two instructions proposed by him; also misconduct on ...
Views: 14
This is an action to recover damages inflicted upon plaintiff's assignors by the negligent operation of an automobile by a servant of defendant. Judgment went for plaintiff and defendant appeals.
It was stipulated at the trial that appellant is a charitable institution, and the record shows that at the time of the occurrences out of which the action arose the driver of the automobile was proceedin...
Views: 9
This is an action in claim and delivery. Judgment went for defendant and plaintiff appeals.
[1] It is contended, first, that there was no evidence to support the finding of the trial court that respondent was entitled to the possession of the property in controversy in the action, and that appellant was neither the owner nor entitled to possession. There was evidence of the following facts, which ...
Views: 0
This is an appeal from a judgment in a suit brought for the purpose of setting aside an order theretofore *Page 446
rendered in a proceeding instituted under the so-called Land Title Law (Stats. 1914 [1915], p. 1932), for the registration of land, by which order a former order made in the same proceeding was vacated.
Briefly stated, the history of the matter is as follows: By virtue of an appropr...
Views: 1
The principal point to be decided in the appeal of this case is whether a certain contract signed "Frank Meline Company, by G.H. Seward," and also signed by Peter P. Hovley, plaintiff's assignor, was binding on Frank Meline, who was doing business under the name of Frank Meline Company. Appellant concedes that Seward was at the time he signed the contract in the employ of defendant but contends th...
Views: 1
Action to recover services rendered in the sale of a certain apartment house. The cause is based upon a rejected claim presented against the estate of Lorin A. Handley, deceased. The complaint recites that on or about the twelfth day of August, 1920, Handley, by his duly authorized agent, entered into an agreement in writing with the plaintiff, by the terms of which plaintiff was to receive any...
Views: 1
Judgment was entered herein enjoining the defendants from obstructing High Street in front of the plaintiff's residence near the westerly end of block G in the town of Truckee and for damages in the sum of one hundred dollars. The defendants have appealed from the judgment.
As stated in appellants' opening brief, "there is little or no dispute as to the material facts." The defendants claim owners...
Views: 2
This is an action for damages for personal injuries suffered by the plaintiff. The verdict of the jury was in favor of the plaintiff against both of the defendants, and following the verdict judgment was rendered against the defendants for a substantial sum of money. The defendant Reed made no appearance at the time of the trial and the judgment against him, except as to the amount, was by default...
Views: 0
Appeal by defendants from a judgment denying defendants' motion for change of venue from the county of Imperial to the county of Los Angeles.
The complaint was filed June 29, 1923. It alleged three *Page 405
causes of action; the first was for vegetables and produce sold and delivered, the second for fruit and produce sold, and the third for labor performed. The last two claims were assigned to p...
Views: 1
Plaintiffs were furniture dealers. They brought this action in replevin against their customers, the defendants, for possession of four oriental rugs. Judgment was for the defendants. Plaintiffs appeal from the judgment and from an order denying a new trial.
The issues in the case relate to whether the defendants had purchased the rugs outright or whether they held the rugs under a lease contract....
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 393
This is an appeal by defendants from a judgment awarding damages in an action based upon the alleged violation of certain building restrictions contained in a deed.
Plaintiffs and defendants, respectively, were the owners of lots numbered 366 and 367 in a...
Views: 4
An appeal from a judgment of dismissal entered upon an order sustaining the demurrer of respondent, Frank L. Lake, to a complaint upon an alleged promise to pay a debt barred by the statute of limitations.
The original complaint, which appears to have been filed during the latter part of the year 1922, the date not being shown by the record on appeal, alleged that respondent and R.R. Shirley on Ja...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 372
The information filed by the district attorney of the county of Los Angeles in this case contained two counts, count one charging the defendants with conspiring to commit the crime of extortion and count two charging the defendants with conspiring to fals...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 360
Appeals from the judgments entered in two separate actions for the recovery of damages for personal injuries suffered by respondents in the same accident, and which are alleged to have been caused by appellants' negligent operation of an automobile.
By st...
Views: 6
This is an appeal by plaintiff, as guardian of a minor child, from an order in a proceeding instituted for the purpose of compelling defendant (the father of the child) to pay a certain sum of money for the support of the child.
[1] It appears that the child is the minor daughter of defendant and his divorced wife; that the divorce between *Page 357
the father and the mother of the child was obta...
Views: 4
From a judgment in favor of the plaintiff the defendant has appealed and has brought up a bill of exceptions. The judgment dissolved an alleged partnership and ordered a sale of the property owned by the partnership and a division of the proceeds after the payment of the debts. No accounting was ordered because one had already been made and filed and the same was adopted by the trial court.
[1] Th...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 347
This is defendant's appeal from a judgment rendered against him in an action to recover money claimed to be due under a written agreement entered into between defendant and plaintiff as husband and wife.
The agreement in question was executed on August 26...
Views: 12
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 341
An appeal from a part of a judgment entered on a verdict in an action to recover for a breach of contract by an agent.
Appellant corporation, which was engaged in the business of packing and shipping produce, entered into a written contract with responden...
Views: 3
By this action the plaintiff sought an order of the superior court restraining and enjoining the *Page 335
board of trustees of the Manteca grammar school district from purchasing a certain site mentioned in the complaint and also to prevent the delivery of a certain warrant, as a part of the purchase price thereof. The demurrer of the defendants to the complaint was sustained and the plaintiff d...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 323
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 324
The defendants Shearer, Thomas, and Ellis were jointly accused in an information charging them with certain of...
Views: 7
On or about October 31, 1918, the defendant corporation executed a five-year lease to the plaintiff and appellant Charles D. Fowler of certain farm lands in Kern County, all of which the latter agreed to plant to wheat, milo maize, beans, rice, or other crops, and to keep the same sufficiently irrigated whenever water should be available therefor. It was also provided in said lease that, "whereas,...
Views: 1
This is a proceeding on the petition of Edward Ragos for a review of an award against *Page 314
him by the Industrial Accident Commission in favor of Mrs. Maria L. Schroeder for payment of $184.19, together with the sum of $14.82 per week from March 27, 1926, until termination of disability or the further order of the Commission. The award is based upon a finding that Mrs. Schroeder was temporari...
Views: 7
This is an action brought by the plaintiff as assignee of Fairbanks, Morse & Company to recover the purchase price of an oil engine with standard appliances and equipment sold to the defendant. The company will be hereafter designated as plaintiff in this opinion. Under the terms of the written contract between the parties the seller was to install the engine in a workmanlike manner on the defe...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 304
Defendants were jointly charged by information, tried, and convicted of the crime of robbery. Appellant was found guilty of robbery in the first degree and his co-defendant (not appealing) in the second degree. The appeal is from the judgment and order de...
Views: 11
This is an appeal by the defendant corporation from an adverse judgment given on a cross-complaint to recover from plaintiff the par value of 997 shares of defendant's capital stock issued to plaintiff while he was serving as an officer and employee of said corporation. The question presented for determination is whether the trial court erred in holding as it did that the issuance of said stock wa...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 292
Appeals from the judgments entered against appellant, Pacific Electric Railway Company, a corporation, upon verdicts returned by a jury in four separate actions. The actions were tried together and the appeals are presented on the same transcript.
Three o...
Views: 3
The plaintiff and respondent and defendant and appellant were formerly husband and wife and were such at the inception of the transaction resulting in the pending litigation. They were married in Oklahoma in 1902, where they resided until 1906, when they came to California, where they resided until 1917, when they were divorced. The plaintiff was an American Indian, and as such succeeded with her ...
Views: 1
Plaintiff had judgment of foreclosure of a chattel mortgage, dated the twenty-ninth day of April, A. D. 1920, from which judgment the defendants French and Hendricks appeal. The transcript shows that on or about the twentieth day of April, 1920, the defendant J. D. French sold and transferred to Guy S. Higgins and Ashley E. Higgins a certain band of goats comrising about 1,400 head and a certai...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 251
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 252
Plaintiff brought suit for damages alleged to have been sustained by reason of the failure and neglect of the ...
Views: 13
This is an appeal from a judgment rendered in favor of defendants in an action on a bond for damages arising out of the alleged wrongful appointment of a receiver in a former action between the same parties – the position of the parties therein being reversed; that is to say, the plaintiff herein was the defendant in the former action and the plaintiff in that action is the defendant in this actio...
Views: 2
This is an appeal from a judgment foreclosing a lien on defendant's property for street work done under public contract and street proceedings had and taken under the provisions of the San Francisco Street Improvement Ordinance of 1918, Ordinance No. 4720 (New Series).
[1] It is claimed that the assessment is void in that it amounts to more than fifty per cent of the value of the land *Page 242
a...
Views: 1
The defendant was convicted of grand larceny, she made a motion for a new trial, the motion was denied, and she has appealed from the order denying the motion and from the judgment of conviction.
According to the testimony of Raymond Smith, the complaining witness, he was on the evening of June 12, A.D. 1926, in the employ of the police department of the city of Oakland as an operative; that at ab...
Views: 9
This is an action to recover profits made by a corporation in which appellant W. Lloyd Conover and respondent Stuart S. Smith were the sole stockholders. The action is founded on a contract executed by appellant and respondent Smith providing for the organization of the corporation and for the division of the profits between the parties on the basis of their respective stock interest. The trial co...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 206
Action by plaintiffs to recover damages from the defendant on account of the destruction of certain property by fire alleged to have been caused by the negligence of the defendant. Plaintiff B.L.A. Barngrover had judgment and defendant appeals.
The compla...
Views: 2
This appeal is from a judgment entered in favor of respondent upon the verdict of the jury. Appellant relies for a reversal of the judgment entirely upon alleged errors in the instructions of the court to the jury. It is not contended that the verdict of the jury is against the evidence.
[1] Respondent has called our attention to the fact that the record does not indicate at whose request the inst...
Views: 1
This is an appeal upon the judgment-roll wherein it appears that the facts necessary to a consideration of the case upon appeal may be stated substantially as follows: On or about June 24, 1913, the defendant executed a conditional sale contract with the plaintiff, therein agreeing to sell to the latter a certain lot in the Inner Harbor Tract of Long Beach, Los Angeles County, for the principal su...
Views: 11
Some time ago an opinion reversing the judgment in this action was filed by us (52 Cal.App. Dec. 641 [254 P. 580]). Thereafter, upon a suggestion of diminution of the record, a petition for rehearing was granted. Upon this hearing we have before us a record very different from that upon which our former opinion was based. Defendant appeals from the judgment.
Appellant was convicted upon a second t...
Views: 1
The facts involved in this appeal are as follows: On the eighteenth day of January, 1921, plaintiff advanced to the defendants the sum of $1,000, and as evidence of said advancement, and in consideration therefor defendants agreed in writing to give to said plaintiff a one twenty-fifth interest in a certain lease, or return to said plaintiff the total sum of $2,000, either of which obligations wer...
Views: 1
Action in ejectment. Plaintiff appeals from an order granting defendant's motion for a nonsuit.
It appears from the evidence that plaintiff was the owner of an interest in certain real property held in the possession of the defendant. The property was conveyed by deed to the plaintiff, a married woman. On June 17, 1921, plaintiff entered into a written agreement wherein plaintiff agreed to sell lo...
Views: 0
Mrs. Marie S. Bullard was the owner of a Cadillac automobile. She allowed her son-in-law and daughter, James W. Towne and wife, to keep the custody of it and to have the use of it. In November, 1922, the car was in need of repairs. Mr. Towne so informed Mrs. Bullard, and she told him to deliver the car into the possession of Joseph Carrigan, one of the defendants. After the car had been delivered...
Views: 1
Action for damages for disturbance of lease. Defendant Sommarstrom Investment Company, a corporation, was at the time of the commencement of this action the owner of a three-story building situated in the city of Berkeley. The two upper stories thereof were divided into *Page 175
apartments which were occupied by some fifteen families. The lower story was divided into stores used for business pur...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 163
This is an appeal from a judgment quieting plaintiff's title to real property, and declaring defendants' tax deed void on account of a defective notice of sale.
The defendants assert that the notice of sale was a sufficient compliance with the statute, an...
Views: 4
This is an appeal from a judgment in favor of plaintiff in an action brought for a commission earned by him on a sale of real property for the defendants.
The facts appear to be that the property which was the subject of the sale was listed for sale with plaintiff by the defendants at a price of $8,400, payable $2,500 cash, with *Page 157
the balance to be paid at the rate of $75 per month, inclu...
Views: 0
This is a suit for specific performance of an agreement to exchange real property. Plaintiffs appeal from the judgment rendered for defendants.
The complaint alleges that on the fourth day of March, 1922, plaintiffs and defendants entered into an agreement for exchange of properties and to take immediate possession of the properties exchanged, and further agreed that the property of plaintiffs sho...
Views: 0
Briefly, the facts are that in an action brought in the justice court the plaintiff (petitioner herein) therein recovered judgment. Thereupon an appeal from such judgment was taken by the defendant to the Superior Court. More than one year after such appeal had been perfected, the attorney for the plaintiff signed the following stipulation: "It is stipulated the above case may be set for trial." T...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 139
This is an appeal from a judgment setting aside the judgment of abandonment of the juvenile court and a judgment of adoption predicated thereon on the ground that the juvenile court was without jurisdiction in the premises for the reason that fraud was pr...
Views: 14
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 130
This is an action brought to recover a balance claimed to be due from defendant for services rendered by plaintiff as a salesman for defendant. Plaintiff recovered judgment in the sum of $2,710, and defendant appeals. The case was tried before the court w...
Views: 3
This is a writ of review to annul an award made by the Industrial Accident Commission against petitioner Gabel for injuries sustained by respondent Bach while fighting a grass fire on petitioner's premises under his direction and alleged employment.
[1] The petitioner Gabel and the respondent Bach were farmers, friends, and neighbors, who owned and operated adjoining stock ranches in the vicinity ...
Views: 5
Before an issue of fact had been joined, defendants moved, under section 395 of the Code of Civil Procedure, to have the trial of the action transferred to the county of Los Angeles, on the undisputed fact that they were residents of the county of Los Angeles at the time of the commencement of the action, and were not at the time of the commencement of the action, or at the time of the hearing, re...
Views: 5
This is an appeal by defendants Hulse, Abbott, and Little from a judgment rendered against them in favor of plaintiff. The legal question involved is that of the obligation of promoters of a projected corporation to repay, upon an abandonment of the scheme, money received from subscribers for shares to be issued upon organization of the corporation. We have not had the benefit *113 of any brief...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 107
Plaintiff seeks a judgment against defendant for $3,450 for services as a merchandise broker alleged to have been rendered in negotiating a sale of 600,000 pounds of dried grapes for the sum of $138,000 at an agreed compensation of 2 1/2 per cent of the p...
Views: 1
This appeal is from a judgment on the verdict of the jury in favor of respondents in an action for personal injuries suffered by appellant in a collision between an automobile driven by appellant and an interurban car of respondent corporation.
Appellant specifies six assignments of error which he urges as grounds for a reversal of the judgment. The first four have to do with the giving and refusi...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 89
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 90
Respondent, Ada M. Hinkel, as executrix, has been substituted for John M. Hinkel, the original plaintiff herein....
Views: 14
In this action the appellant was awarded an interlocutory decree of divorce upon his cross-complaint alleging extreme cruelty. The decree of divorce is not attacked. The only questions presented for consideration relate to a certain agreement entered into between the parties after separation and prior to the institution of this action.
The appellant, in his cross-complaint, after alleging the grou...
Views: 21
Plaintiff, to secure the payment of an anticipated judgment in his favor upon the claim upon which he brought suit, caused a garnishment to be served upon a corporation which had in its possession money payable to defendant Santich. The latter made claim that the money was exempt from execution and the trial court sustained his contention. Plaintiff appeals from the order made in that behalf.
The ...
Views: 3
The defendant and appellant was accused by an information filed by the district attorney of the county of Los Angeles, of the crime of robbery, a felony. He was tried by a jury and found guilty as charged. From the judgment and order denying his motion for a new trial the defendant appeals. The jury, on November 15, 1926, found the defendant guilty of the crime as charged; sentence was not pronoun...
Views: 14
On the twentieth day of January, 1926, appellant Rice was charged by an information filed by the district attorney of San Diego County with the commission of lewd and lascivious acts upon the body of a child. Before the trial of the appellant a doubt arose in the mind of the court as to his sanity, and the question was submitted to a jury, which found the appellant insane. The defendant was then c...
Views: 10
This is an appeal by the defendants from a judgment in an action for unlawful detainer, wherein plaintiffs were awarded possession of the premises described in the complaint, as well as the sum of $1,000 damages for unlawful detention.
Plaintiffs were the owners in joint tenancy of the property described in the complaint. The defendant Columbine Creamery Company was an original lessee, and the def...
Views: 0
An application for an order admitting the defendant to bail.
An information was filed in the superior court of Alameda County charging defendant with the commission in that county of a felony, to wit, the crime of bigamy, to which *Page 41
he entered a plea of guilty. Subsequently a motion for an order permitting a withdrawal of the plea was denied. By the judgment of the court he was sentenced t...
Views: 4
The defendant was charged jointly with one Heber Norton with the crime of robbery alleged to have been committed by forcibly taking from the person of one Lala Singh the sum of $10. Norton pleaded guilty. Upon trial evidence most persuasive of defendant's guilt was adduced, upon which the jury rendered the following verdict: "We, the jury . . . find the defendant William Tognola guilty of robbery ...
Views: 15
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 27
The present proceeding is one by which it is asked that a peremptory writ of mandate be directed to the Superior Court of Los Angeles County. The proceeding in the superior court was one of a similar character, by which it was sought to compel the board of...
Views: 14
This is an appeal from a money judgment rendered in favor of plaintiff and against the defendants for the sum of $836.75 and costs.
As determined by the trial court, the facts of the case in substance are that plaintiff paid to defendants the sum of $836.75 on the promise made to plaintiff by defendants that they would “furnish tickets to cover three fares, third class, prepaids, from the ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 20
This is an action in replevin to recover possession of eight cows and three heifers, the increase of these cows, which plaintiff claims were mortgaged to it as hereinafter stated. It appears to be undisputed that the cows in question were purchased by the ...
Views: 6
The defendant M. H. Stein had a lease upon nine or nine and- one-half acres of land near Los Angeles, belonging to the defendant and appellant E. S. Flansberg, which lease expired by limitation of time on December 1, 1921. Upon the acreage so leased the lessee, prior to the last-named date, had raised a crop of lettuce which is the subject matter of the present action. Stein made arrangements wit...
Views: 0
Defendant appeals from an order denying a new trial and from a judgment of conviction of the crime of assault with a deadly weapon. The defense at the trial was an alibi, but upon this appeal it is contended that the evidence shows justification or self-defense.
The evidence showed the following facts: Two police officers of San Francisco, after 11 o'clock at night-time, noticed the defendant and ...
Views: 4
On July 17, 1920, plaintiff sold to defendant Lewis an automobile for the agreed price of fourteen hundred dollars on a conditional sales contract containing the following language: "Should the second party make default in the payment of any of the said several amounts when due, or in the event of the second party's failure to perform any of the conditions and covenants herein contained, or in the...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3
This is an appeal from a judgment entered pursuant to an order sustaining a demurrer to the complaint, the plaintiffs having declined to amend.
Concisely stated, the material allegations of the questioned pleading, assuming them for the purposes of the demu...
Views: 11
MEMORANDUM CASE.
THE COURT.
The indictment charged that the defendant, being an unnaturalized foreign-born person, had possession of a pistol capable of being concealed upon his person. He was convicted and his motion for a new trial was denied. This appeal is from the judgment and the order denying a new trial. [1] The state of the evidence and the grounds urged for a reve...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 505
Action to recover damages sustained by plaintiff while a passenger on an auto-stage, operated by defendant Watson, which collided at a railroad crossing with an electric railway car operated by defendant Pacific Electric Railway Company.
On behalf of the ...
Views: 2
On February 20, 1926, the plaintiff began this action to recover from the defendant the sum of $322.88, balance alleged to be due on certain promissory notes. On the thirtieth day of March, 1926, the defendant filed a demurrer, a demand for a change of place of trial, and an affidavit of merits. The demand, omitting the title, is in the following words: "I, the undersigned, defendant, in the above...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 491
This is an appeal by defendant from an order denying his motion for a new trial and from a judgment of conviction for an assault with intent to commit rape upon the prosecutrix, Bettie Horton, a child of six years.
As originally drawn, the information thr...
Views: 5
Defendant was convicted of maintaining a nuisance in violation of the Wright Act (Stats. 1921, chap. 80, p. 79) and section 21 of the Volstead Act (U.S. Comp. Stats., § 10138 1/2jj). The information as amended charged in part as follows:
"The said Joseph Colombo on the 16th day of September, . . . at Martinez, . . . did then and there unlawfully maintain a common nuisance, to-wit: a place situated...
Views: 1
Petitioners seek by this proceeding in certiorari to have annulled an award made by the Industrial Accident Commission in favor of respondent Ong Thlu Lem, known also and referred to in the record as Kee Ong, who suffered injuries on May 29, 1926, which resulted in the amputation of his right arm at the shoulder.
The Industrial Accident Commission found that the injury occurred in the course of an...
Views: 2
Plaintiff had judgment in the sum of $548.07 on account of moneys found due and owing from the defendant, for and on account of sales of certain crops belonging to the plaintiff, made by the defendant and for damages inflicted by the defendant upon certain property belonging to the plaintiff. These damages amounted only to the sum of $7.90 and are not involved in this appeal. The defendant appeals...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 467
J.K. Fronk and Lloyd Albert Landon were jointly indicted by the grand jury of Los Angeles County, charged in two counts with the larceny of $12,500 and $10,300, respectively. They were acquitted by the jury on these two counts. The indictment also charged...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 461
Defendant appeals from a judgment of conviction of robbery and kidnaping. The facts out of which the charge grew are briefly as follows: Defendant sold the complaining witness J.T. Brown two pumps with operating machinery and an electric range, which were...
Views: 16
The respondent Samuel G. Goucher and the appellant Grace C. Goucher are husband and wife. Each brought an action against the other wherein the former recovered judgments and the latter appealed. The first action was commenced by respondent to obtain a decree adjudicating that certain property, real and personal, the former standing in appellant's name and being claimed by her as her separate estat...
Views: 11
Plaintiff appeals from a judgment of dismissal after demurrer had been sustained to plaintiff's fourth amended complaint with leave to amend, and plaintiff had failed to amend his complaint. The demurrer was both general and special.
It is alleged in the complaint that the parties entered into a certain contract on the twenty-fifth day of March, 1922, wherein the defendant agreed to furnish plaint...
Views: 1
Action by plaintiff to recover excess of advances made by the plaintiff to the defendant over and above the receipts of the defendant's crop of beans marketed by the plaintiff for the defendant. Judgment of nonsuit was entered in the trial court and from this judgment the plaintiff appeals.
In this opinion the word "Association" will be used to designate the plaintiff and appellant.
The Associatio...
Views: 6
This appeal is from a judgment recovered by plaintiff as assignee of a contract for the purchase by defendants of a tractor, in the amount of the unpaid purchase price, to wit, $865 and interest and $100 attorneys' fees as provided for in the written agreement.
The defendants alleged in their answer that at the time of their purchase the property was inaccessible to them; that the seller knew that...
Views: 2
By order entered herein on May 17, 1926, the application of petitioner was referred to the board of bar examiners, with the direction that the board take evidence concerning the moral qualifications of the applicant; that the evidence taken, together with the findings of the board as such referee, upon the question whether or not the applicant is possessed of such moral qualifications as to entitl...
Views: 8
— The defendant was tried before a jury on an information charging rape. From the judgment following the verdict of guilty and from the order denying his motion for a new trial he has appealed on a typewritten record. The grounds of appeal are that the information was improperly amended during the course of the trial and that the defendant’s motion for a continuance to enable him to plead to the ...
Views: 18
Certiorari to review the lawfulness of an award made by the Industrial Accident Commission. The pleading contains the usual recitals to the effect that petitioner is engaged in issuing employers' liability and workmen's compensation insurance and that it is the insurance carrier for the Kaiser Paving Company. It then alleges that an employee of the insured company met with an accident resulting in...
Views: 1
The defendant was convicted of the offense of practicing medicine without a license. This appeal is from the judgment of conviction and the order denying his motion for a new trial.
But one ground is urged for a reversal. It is stated by counsel for appellant as follows: "Two indictments were found against appellant by the same grand jury, upon the same date, based upon the testimony of the same w...
Views: 4
— This is an action to quiet title. Plaintiff was the owner of a certain parcel of real property. She and one of the defendants Peters entered into a certain agreement in writing, whereby she agreed to sell the property to Peters and he agreed to buy it. The contract provided for the payment of the purchase price in certain monthly installments. Peters assigned to defendant Sharpe his interests i...
Views: 8
pro tem. — The defendant was charged with the crime of incest with his daughter Melba, a child of eleven years, on two occasions, the first about the beginning of April, 1926, the second on June 19, 1926; and also with the commission of lewd and lascivious conduct on each occasion in violation of section 288 of the Penal Code. The information on which the defendant was tried contained four co...
Views: 12
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 384
An application for a writ of prohibition to arrest further proceedings in respondent court on an order requiring petitioner to show cause why it should not be restrained pending the trial of an action filed therein from further obstructing the flow and di...
Views: 8
A petition for a writ of mandate directing James E. Walsh, as the residuary legatee and as executor and trustee under the last will and testament of Richard Varick Dey, deceased, to execute for transmission to the clerk of the supreme court of New York in and for the city of New York an instrument sufficient to constitute an appearance by him as defendant in an action filed therein against the dec...
Views: 1
In this action plaintiff sought to recover damages for injuries alleged to have been suffered by her when struck by an automobile negligently driven by defendant.
The defendant answered, denying negligence on his part, and affirmatively alleging that the injuries of plaintiff were caused by her own negligence.
A trial by jury was had and a verdict returned in favor of defendant. From the judgment ...
Views: 7
Action by plaintiff to recover the sum of $534.90 paid to the defendant on account of warehouse charges alleged to have been unlawfully made by the defendant for and on account of resacking and reconditioning certain lots of grain deposited by the plaintiff with the defendant, and kept by the defendant in a warehouse belonging to it, situate in the county of Yolo. The defendant had judgment and th...
Views: 0
This is an action of forcible entry upon real property consisting of a lot and a store building thereon. Judgment was entered in favor of plaintiffs for restoration of possession and for damages. The defendants have appealed from the judgment.
The evidence shows and the court found that in December, 1923, the defendants, as owners, leased the property to W.P. Rutledge and James Tully (plaintiffs h...
Views: 8
This cause has previously been considered by this court upon an appeal by the defendant from the judgment entered upon a directed verdict in favor of the plaintiff. The judgment was reversed and the cause remanded for a new trial. (Alexander v. Manton JointUnion School District in Tehama and Shasta Counties, 73 Cal. App. 252
[238 P. 742].) At the second trial, the verdict of the jury, by which the...
Views: 15
Plaintiff had judgment in an action instituted to prohibit the defendants from enforcing a certain ordinance numbered 284, charter series, entitled, "An ordinance establishing certain districts or zones and regulating the use of property and the location of various industries and business or commercial establishments in the City of Petaluma" and the defendants appeal.
The city of Petaluma is a mun...
Views: 5
This is an application "for a writ of review and a writ ofmandamus," and particularly, to compel the court to proceed in an action of divorce wherein the court has made an order dismissing the action.
[1] It would appear that the petitioner is not entitled to a writ of review, since she had a right of appeal. The petition shows that she did give notice of appeal, but that through some mistake or i...
Views: 2
In a suit for divorce on the ground of desertion, judgment was rendered in favor of plaintiff, and defendant appeals therefrom.
Among other things, the trial court found that all the allegations contained in plaintiff's complaint were true, as were all the allegations of the answer of plaintiff to defendant's cross-complaint; that certain property, known as the Monrovia property, was community pro...
Views: 2
During the year 1923 Domenico Casassa was the owner of a vineyard near Santa Rosa, which he had leased for that year to A. Finocchio, the returns from the vineyard to be divided between the parties to the lease. In August of that year Casassa and Finocchio entered into *Page 309
an agreement with the plaintiff, designated as a "grape shipping contract," and providing, among other things, as follo...
Views: 7
There is pending in this action a motion to dismiss the appeal. The moving papers show that the judgment from which the appeal is attempted to be taken was entered July 12, 1922; that on July 14th notice that the judgment had been signed by the judge who tried the action was mailed by respondents' counsel to appellant's counsel; that on November 14th a notice of intention to move for a new trial w...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 291
The plaintiff and respondent instituted this proceeding in eminent domain for the purpose of acquiring certain lands in the county of Ventura, alleged in its complaint as being necessary to the completion of a system of state highways contemplated by legi...
Views: 10
— The defendant appeals from a judgment rendered against him in favor of the respondents quieting title to certain real property, and also a judgment in the sum of $1,130 as and for rent under an oil lease covering such real property. The respondents, or in some instances their vendors, had executed a so-called community oil lease to the appellant for which they had received approximately $9,00...
Views: 1
Page 679
THE COURT.
[1] This is an application for a writ of habeas corpus to determine the right to the custody of the minor children named in the petition. The applicant made a similar application for a writ of habeas corpus in the superior court of Sacramento County and said application is now pending in that court and undetermined. This court, therefore, is without jurisdiction to issue the writ. (29 C...
Views: 2
Plaintiffs began this action to recover damages suffered by reason of trespass on lands leased by plaintiffs of certain sheep and cattle belonging to the defendant and recovered damages in the sum of $259.
The complaint is in three counts. No question is raised as to the judgment of the trial court awarding the plaintiff the sum of $34 on account of damages inflicted upon the premises leased to th...
Views: 7
This is an appeal from a judgment which resulted from the issuance of a peremptory writ of mandate in the court below.
The following facts are taken nearly verbatim from the statement of the case appearing in appellant's opening brief:
[1] Charles A. Jones, the respondent herein, for many years was a member of the police department of the city of Los Angeles. On or about the fourth day of January,...
Views: 19
This case involved a dispute over 3,975 bags of coffee, worth about $74,382, grown on nine fincas or coffee plantations in the state of Chiapas, Mexico, during the winter of 1920-1921, and brought to San Francisco in April and May, 1921.
When the coffee arrived in San Francisco it was attached and taken from the possession of respondent by the appellant Thomas F. Finn, the Sheriff of the City and ...
Views: 3
The plaintiffs commenced an action to recover a judgment for moneys loaned. The defendants appeared separately and answered. The Schmeiser Manufacturing Company in its answer set up a counterclaim in three different counts. A trial was had before the trial court sitting without a jury. Findings were made in favor of the plaintiffs on their two separate causes of action, and in favor of the defenda...
Views: 3
Action on a promissory note given for the sum of $5,600. The case was tried without a jury. The findings in effect determined that the defenses interposed were true and judgment followed in favor of defendants.
At the opening of the trial plaintiff moved for judgment on the pleadings. The motion was denied. Appellant here claims, first, that the lower court erred in its denial of the motion for th...
Views: 4
Two causes of action are stated in the complaint. In the first it is alleged that the plaintiff was induced by false and fraudulent representations made by defendant to purchase 100 shares of its treasury stock at $100 a share, to the plaintiff's damage in the sum of $5,629. In the second it is alleged that the defendant is indebted to the plaintiff for services performed in the sum of $527.50. Th...
Views: 2
Defendant Pickwick Stages Northern Division, Inc., appeals from a judgment in favor of plaintiff, as sole heir of Leslie W. Seney, in the sum of $15,000 for the death of said Leslie W. Seney, alleged to have been caused by the negligence of defendant in operating one of its autostages upon which the deceased was a passenger, in such a manner that the stage was overturned and resulted in said death...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 217
Plaintiff, by his father as guardian ad litem, sued the above-named defendants to recover damages for personal injuries sustained by him as a result of being run over by an automobile driven by defendant L.A. Arnold. The action was tried before the court ...
Views: 8
The petitioner seeks a writ of mandate directing the County Auditor of Los Angeles County, H.A. Payne, to countersign the bonds of the Los Angeles County Water Works District No. 9. The respondent Payne and the respondent Alleman, a taxpayer of the district, have appeared by demurrer, so that for the purposes hereof we may refer to the petition for the facts. It appears therefrom that on January 1...
Views: 2
Petition for alternative writ of mandamus. It is alleged therein, in substance, that on the twenty-first day of September, 1926, the California Prune and Apricot Growers Association, a corporation, as plaintiff, filed in the superior court of Tehama County a verified bill in equity against petitioners wherein said plaintiff claimed that, under and by virtue of a certain written agreement dated Apr...
Views: 8
THE COURT.
[1] The defendant was convicted of the offense of practicing medicine without a license. He duly gave notice of appeal from the judgment of conviction and the order denying a new trial. He failed, however, within five days, or at all, to file with the clerk or present to the trial court an application for a transcript of any part of the phonographic reporter's notes or to state the grou...
Views: 1
The merits of this appeal rest upon a certain ordinance adopted by the city council of the city of Los Angeles on the fourteenth day of July, 1922, designated a "set-back ordinance." In that ordinance the city council "determined that the public peace, health, safety, comfort, convenience, interest and welfare require and it is hereby ordered that the minimum distance back from the street line for...
Views: 11
This is an appeal by defendants from a judgment enjoining defendants from violating a building restriction in a residence district. [1] Plaintiff *Page 182
and defendants are the owners, respectively, of adjoining lots, each deraigning title by a separate chain of title from a common grantor. Consequently, as between plaintiff and defendants, there is no privity either of contract or estate, and ...
Views: 8
Claiming that M.S. Eisner, deceased, was at the time of his death under obligation to pay the plaintiff certain moneys, the plaintiff commenced this action against the defendants as executors of the estate of the deceased. The trial court made findings in favor of the plaintiff and a judgment in accordance with those findings was entered. From that judgment the defendants have appealed and have br...
Views: 3
The petition recites that Louis Babbick is unlawfully detained in the state prison at San Quentin by the warden thereof. [1] Proceeding it alleges that on or *173 about May 21, 1926, the district attorney of Los Angeles County filed an information in the superior court of said county charging petitioner in one count thereof with a violation of the provisions of section 464 of the Penal Code (bu...
Views: 5
Two cases, entitled Upland Realty Insurance Company v.J.H. Donner and Montrose McCann and E.O. Bowden v. J.H.Donner, were appealed from the justice's court to the Superior Court of Los Angeles County, but were not brought to trial within the year following the date upon which the appeals were filed.[1] For thirteen days after the one year expired no steps were taken to have the appeals dismissed,...
Views: 2
A writ of certiorari was issued by the superior court of Los Angeles County, directed to the board of supervisors of that county for the purpose of reviewing the proceedings leading up to the creation of the "Moneta County Fire Protection District of Los Angeles County" under the provisions of "An Act to provide for the formation, management and dissolution of county fire protection districts, and...
Views: 4
Plaintiff sued defendant, who was an innkeeper, for the loss of certain articles of personal property and apparel which were taken from her room while she was a guest at his hotel. Plaintiff had judgment and defendant appeals.
[1] Section 1859 of the Civil Code reads, in part: "The liability of an innkeeper . . . for losses of . . . personal property . . . placed by his guests . . . under his care...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 143
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 144
Action by plaintiff Susan M. Dawson for damages resulting from the death of her husband William E. Dawson.
It ...
Views: 9
Respondents first recovered judgment against Jay H. Merrill for the death of their son, Robert, Jr., caused by the negligent operation of an automobile in which he was riding while driven by the son of said Merrill. An execution on said judgment having been returned unsatisfied, respondents next commenced this action against appellant, the insurance carrier for said Merrill. Judgment was for respo...
Views: 6
This is an action to recover a certain sum of money under the terms of two fire insurance policies. The property insured belonged to plaintiff and was used by him as a country home. It was situated at Woodside, San *Page 133
Mateo County, and consisted of several buildings located on a tract of land of some twenty acres. The buildings consisted of a dwelling-house, a garage with living-rooms on t...
Views: 4
The defendant was convicted of the crime of grand larceny and has appealed on a typewritten record. She claims the evidence is insufficient to sustain the verdict and that the verdict is contrary to the evidence; that the verdict is contrary to law and the evidence; that the trial court misdirected the jury in a matter of law; and the trial court erred in the decision of questions of law arising d...
Views: 2
The complaint in this action was for the recovery of unpaid rent. Defendant interposed an answer and counterclaim in which it was alleged that, at the time the lease mentioned in the complaint was entered into, "the plaintiff represented to defendant and agreed as part of the consideration for the defendant entering into" the lease "the plaintiff would not lease any of the premises" in which the d...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 118
The complaint alleges that the "plaintiff advanced to and for the use and benefit of said defendants . . . $4,779.35, which said amount defendants agreed to repay to said plaintiff, . . . but said defendants failed and refused to repay the said sum or any...
Views: 4
At the time when the cause of action herein accrued the defendant Silent Drama Syndicate was an unincorporated association operating by virtue of a trust agreement under which defendants Graydon and Brown were its trustees. The business or property of the syndicate was divided into shares of the par value of $100 each, of which one Keady was the owner of 220 shares evidenced by a certificate of st...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 100
In this case the information charges the defendant McGill and one Frank McGettigan in count one with the crime of burglary and in count two with the crime of grand larceny.
Defendant McGettigan entered a plea of guilty. Defendant McGill stood trial and wa...
Views: 11
The defendant was found guilty of burglary in the first degree. Prom the judgment of conviction he has appealed and has brought up a copy of the ‘ record of the action” (Pen. Code, sec. 1207), and a certified copy of the reporter’s notes as transcribed. The appellant presents two points. One that the evidence was insufficient to sustain a verdict of burglary in the first degree and the other po...
Views: 4
This is an appeal by defendant from a judgment in favor of plaintiff for damages for breach of contract.
Defendant and the assignor or assignors of the plaintiff entered into a contract for the exchange of advertising space. The judgment is based upon the finding that plaintiff's assignor performed its part of the contract but defendant did not.
Two points are raised by the appellant as reasons fo...
Views: 1
This is an original proceeding in mandamus to compel the admission of the minor petitioners herein to the public schools of the Vernon City School District.
The following facts are undisputed: The territory in which the petitioners reside was, prior to February 20, 1914, outside of any incorporated city, and situated in what was then known as the Fruitland school district of Los Angeles County. On...
Views: 1
This proceeding is founded upon an alleged "prejudice and bias" of Honorable Hugh J. Crawford as Judge of the Superior Court in and for the County of Los Angeles against petitioner which, if established, would prevent petitioner from having a fair and impartial trial in an action now pending in said court.
Prior to the filing of the petition herein petitioner, as plaintiff in the action, made and ...
Views: 2
The defendant corporation has appealed from an adverse judgment in an action for the rescission of a sale of corporate stock and for the recovery of the purchase price paid therefor.
The complaint contained two causes of action, the first based upon alleged fraud and the second upon a void sale, it being alleged with reference to the latter that the sale was not made in conformity with the terms o...
Views: 3
Habeas corpus. In the first count of the information petitioner was charged with "the crime of conspiracy to commit the crime of extortion"; and in the second count of the information with the "crime of conspiracy to falsely move and maintain a suit, action and proceeding." On the trial of the action petitioner herein was convicted on each of such counts. Under the first count, by order of the tri...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 64
The three defendants above named were charged by information in three counts with the crimes of grand larceny, conspiracy to commit grand larceny, and embezzlement, respectively. King and Fay only were tried at the time of the proceedings here presented fo...
Views: 10
This is an appeal from a judgment in favor of respondent quieting its title to eighty shares of the capital stock of Palo Verde Mutual Water Company, a corporation, and from an order overruling defendant's demurrer.
Plaintiff pleaded and proved that in December, 1913, it sold to P.H. Bodkin, who was at the time possessed of and claimed title to the west half of the northeast quarter of section ele...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 48
Supersedeas. Briefly stated, the facts appear to be that in an action brought in the municipal court plaintiff recovered judgment against defendant for the sum of $514.85. Defendant appealed to the superior court, where a judgment was rendered in affirmanc...
Views: 9
Defendant, cross-complainant, and appellant has appealed from a judgment entered against her in the sum of $3,083.74, assigning four reasons why the judgment should be reversed by this court: 1. That the complaint does not state a cause of action and the findings do not support the judgment for the reason that the complaint and findings both proceed upon the theory of the breach of a special contr...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 30
Defendant was charged in two informations with violations of section 337a of the Penal Code. By stipulation of counsel the cases were tried together. Information No. 47,988 charged the defendant with the crime of violation of subdivision 3 of section337a o...
Views: 8
THE COURT.
Supersedeas. In this proceeding the facts and the prayer of the petition are similar to those set forth in the case ofScott v. Larson, post, p. 46 [255 P. 248]. The only additional point presented is that the judgment by the superior court in affirmance of the judgment rendered by the municipal court is not such a judgment as is within the meaning and intent of section 963 of the Code o...
Views: 5
Defendant Angeles Brokerage Company, a corporation, appeals from a judgment against it and brings here for review the judgment and the order of the lower court denying its motion for a new trial.
This is a suit by the seller in a contract of sale of citrus fruit against the buyer for damages growing out of the refusal on the part of the buyer to take and pay for the fruit. The trial court found in...
Views: 2
A complaint was issued charging the defendant with the degenerate crime denounced by section 288a of the Penal Code. At the time of his arraignment upon the complaint the defendant expressed a desire to waive his legal rights and confessed to the committing magistrate his guilt of the offense charged. Whereupon the justice of the peace ordered that he be held to answer before the superior court. T...
Views: 7
Petitioner was admitted to the bar in 1909 and he was disbarred in 1919. He petitions for a reinstatement in the ranks of the profession.
[1] Petitioner has produced satisfactory and convincing evidence that he has conducted himself with the highest degree of honesty and integrity during the nearly eight years that have elapsed since he was deprived of his license to practice.
Upon the score of hi...
Views: 1
This is an appeal by the defendant from the judgment herein in favor of the plaintiff. The facts are summarized in appellant's opening brief as follows:
"Plaintiff is engaged in the sale of automobile tires in the city of Marysville, and the defendant is by occupation a jeweler. It appears that on December 12, 1925, one Dave Johnson, the owner of a motor-truck, called upon plaintiff at his place o...
Views: 2
The gist of the case is shown by the following alleged facts: In respondent court an action is pending, wherein the petitioner as plaintiff sues one Green *12 field to recover damages for libel. By order made on February 14, 1927, the case was set for trial for March 9, 1927, and it was further ordered that a jury be summoned for trial of the cause at that time. Said order was never vacated or ...
Views: 0
Plaintiff instituted this proceeding in mandamus against defendant as Commissioner of Public Safety and Welfare of the City of Fresno, seeking to be restored to the position formerly held by him in the police department of said city. Judgment was entered in plaintiff's favor and defendant has appealed.
The record discloses the following facts: On November 9, 1925, appellant, as the head of the pol...
Views: 0
An application for a writ of prohibition to arrest further proceedings by the respondent court on an order to show cause why petitioner should not be adjudged in contempt of court for failure to comply with a judgment entered therein. *Page 3
Petitioner is a corporation organized for the purpose of supplying water to the inhabitants of the town of Felton and its vicinity. It alleges the right to ...
Views: 1
The action involved in this appeal was filed against the same defendants as those named in that of the California National Supply Company, this day decided, and was instituted for the foreclosure of the appellant's mechanic's lien upon the same property and for materials furnished for the same project, as therein described. Both cases were tried together upon similar facts, and the findings, concl...
Views: 1
A judgment of affirmance has this day been rendered and filed by this court in the case of J.L. Truitner and Alice Truitner,Plaintiffs, v. Charles M. Knight, H.K. Mahakian and CliffordTruitner, Defendants, ante, p. 655 [257 P. 447], which was an action for damages arising out of a collision between two automobiles driven respectively by the defendants Truitner and Knight, the collision having occu...
Views: 1
MEMORANDUM CASES.
This is an appeal from a money judgment rendered in favor of plaintiff and against the defendants for the sum of $366.
The facts in the case, as determined by the trial court, are nearly an exact duplicate of those found in the companion case ofPozen v. Pavlovski, ante, p. 23 [256 P. 446], this day determined by this court, to which reference may be had.
W...
Views: 0
This is an action for the recovery of commission for the sale of real estate, and is founded upon the following instrument:
"George Cline and Arthur Shell "117 North Spadra, Fullerton, California.
"I hereby authorize you, as my exclusive agent, for a period of 30 days from date hereof, to sell or exchange the *Page 793
following described property, to-wit: 13 Acres located at cor Commonwealth Ni...
Views: 1
This action was commenced by the filing of a complaint in the superior court of the city and county of San Francisco on May 22, 1924, the action being numbered in that court 146,986, the relief sought being a partition of seventeen parcels of land situated in the counties of San Mateo, Santa Clara, Alameda, and the city and county of San Francisco, California. Plaintiffs James K. Prior, Jr., Toney...
Views: 7
The petition recites that Russell L. Griffin is imprisoned and restrained of his liberty by the sheriff of the city of San Francisco, by reason of an information being filed against him under which he is charged with the commission of a felony in violating section 476a of the Penal Code, relating to issuing bank checks with intent to defraud. That his confinement is illegal in this, that before th...
Views: 6
The complaint alleges that the plaintiff was employed by the defendants, "during the night shift," *Page 777
as engineer and operator of a seventy-five horse-power tractor; that the "tractor was guided by a tiller wheel, which moved to the right or left as the operator gave the direction in a circular frame to which was attached a scraper, devised for the purpose of scraping and keeping clodded d...
Views: 2
This is an action to recover the sum of $1,000 paid by the plaintiff to defendant during the pendency of negotiations for the purchase and sale of a tract of land in Fresno County. Judgment went for plaintiff in the trial court and defendant appeals. The record discloses that the title to the tract of land involved in this litigation was vested in one Beshaw, subject to a mortgage of $7,000; th...
Views: 5
The appellant instituted a suit against the respondent Porter as the owner of certain real property in Orange County, and the respondent corporation as lessee, praying foreclosure of a mechanic's lien filed by appellant and evidencing an alleged indebtedness for materials furnished the respondent Richfield Union Oil Company for the construction of a certain building, derrick, outbuildings, and app...
Views: 2
This matter, pursuant to procedure laid down by us in the opinion In re Cate, 77 Cal.App. 495 [247 P. 231], was sent to referees with directions to take evidence and present findings of fact based thereon. The referees have completed their labors and have returned their findings, together with a record of the evidence submitted to them. The matter is now before us upon exceptions to some of the fi...
Views: 3
[1] The petitioner, who is in jail in the custody of the sheriff of the county of Kings, appears to be without the assistance of counsel, and has sent to this court by mail an application in the nature of an application for a writ of habeascorpus. As might naturally be expected under such circumstances, the petition is very defective in form. Nevertheless, the court will rule upon the points which...
Views: 8
Action by a client against her former attorney for money had and received and an accounting. The complaint contains three causes of action. Under the first it is alleged in substance that on or about the first day of May, 1919, plaintiff employed the defendant as her *736 legal adviser at an agreed fee of $10,000, which sum plaintiff paid to the defendant; that between the first day of May, 1...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 727
The plaintiff was the owner of two different tracts of land located near Sebastopol in Sonoma County. He executed a contract of exchange whereby he transferred under two separate contracts the said lands to the defendant for shares of stock in the Consoli...
Views: 2
This is an action to quiet title to 1,032 acres of land situated in Colusa County.
The facts are not disputed. Sarah Doak, a widow, was the owner of an undivided seventeen-twentieths of the land in question. The balance was owned by the estate of Theodore A. Bell, deceased. March 30, 1922, Sarah Doak executed a conveyance in trust of her entire interest in this property to her two sons, Fred M. Do...
Views: 3
This is an appeal from a decree finding that plaintiff is the owner and entitled to the possession of 650 acres of land in Kings County, together with a certain dwelling-house and machine shed, and restraining the removal of said buildings.
Appellant claims that, as a mere licensee, he constructed these buildings in question, with the express consent of the owner of the land, for him to remove the...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 691
Plaintiff brought suit for the value of goods, wares, and merchandise sold to the defendant, and appeals from a judgment rendered for the defendant.
There is substantially no difference in the contentions of the parties as to the actual facts in the case....
Views: 11
During his lifetime John D. Daly, deceased, opened a savings account in the Daly City Bank. After his death the executors of his will commenced an action against the bank and Florence S. Daly, the surviving widow of the deceased, to recover the amount then on deposit together with interest. Mrs. Daly appeared and filed *Page 685
an answer and cross-complaint claiming the deposit as her own. The p...
Views: 6
Action to quiet title. The property involved consists of a group of quartz mining locations in Inyo County, this state, together with a milling and reduction plant situate thereon. The sole question at issue in the court below was whether the mine and mill were the corporate assets and property of plaintiff Lost Burros Gold Mining Company, or whether the same belonged to the Montana-Tonopah Mines ...
Views: 9
The plaintiff and his wife were the owners of a vineyard in Fresno County; they exchanged it for lands owned by the defendants, which they took in part payment, and for the balance they took a note and mortgage which was payable in installments; some of the installments being due and payable and not having been paid, the plaintiff commenced an action to foreclose the mortgage. The defendants appea...
Views: 1
The plaintiff, Ethel Truitner, brought this action to recover damages on account of personal injuries sustained by her while riding as a guest in an automobile owned and driven by her brother, the defendant Truitner, which automobile collided with one being driven by the defendant Knight at the intersection of Clovis and Adams Avenues in the county of Fresno. The action was tried by the court sitt...
Views: 0
The defendant was convicted in the superior court of Yolo County upon an information charging him with the crime of grand larceny, and he appeals to this court from the judgment of conviction and the order denying his motion for a new trial. The only point upon which the defendant relies for a reversal is that the evidence does not support the verdict. The information states that, on or about...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 369
Petitioner prays for an order of this court directing and commanding each of the respondents herein to desist and refrain from further proceedings under three several orders as set forth in the petition and heretofore issued out of the Superior Court in a...
Views: 12
This is an appeal by plaintiff in an action of partnership dissolution and accounting resulting in a judgment in favor of defendant Sommer and against plaintiff for $4,651.45. In this opinion we will use the word "defendant" as referring to defendant Sommer alone. The record on appeal is the judgment-roll alone. The parties *Page 365
entered into a written agreement November 5, 1920, which is the...
Views: 0
Appeals from the judgments entered for defendant in two actions brought by appellant to recover for services alleged to have been rendered to defendant at his request.
The cause of action in each complaint was stated in the form of two common counts, one for the value of services rendered and the other upon an account stated, it being alleged in each count that the claim was unpaid.
The actions, n...
Views: 0
It appears that one Fred W. Carl, as a real estate agent sold for defendant certain premises at a price of $18,000; that the terms of sale were $2,000 cash and other property, the assumption by the purchaser of a mortgage on the property amounting to $6,000 and a note and trust deed back to the seller for the sum of $10,000, of which amount $1,000 was made payable on the first day of January, 1922...
Views: 1
By this application it is sought to annul an order dismissing an appeal from the municipal court of *Page 352
Los Angeles. An action was commenced in the justice's court of Los Angeles township, but before trial the justice's court had been superseded by the municipal court and the trial was had in the last-named court. Also it appears from the return to the writ that a demurrer to the complaint ...
Views: 0
The plaintiff commenced an action in claim and delivery against the defendant. The defendant answered and a trial was had before the court sitting without a jury. The trial court made findings in favor of the *Page 349
defendant and the plaintiff has appealed under section 953a of the Code of Civil Procedure.
On the morning of the tenth day of August, 1923, the plaintiff took his automobile to th...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 319
Action by plaintiff for the value of a certain check alleged to have been converted by the defendant. Plaintiff had judgment in the sum of $17,884.48, from which judgment the defendant appeals.
In September, 1920, the plaintiff was a national bank organiz...
Views: 5
The appellant was convicted of the crime of manslaughter and also of the offense of failing to stop and render assistance, after having run down and killed a boy riding on a bicycle, on one of the public highways of the county of Sacramento, state of California, on or about the ninth day of January, 1926. His appeal is prosecuted from an order denying a motion for a new trial.
On the twenty-fifth ...
Views: 5
The defendant, Annibal Costa, and one Jack Sanders were charged jointly with the crime of an assault with a deadly weapon, alleged to have been committed upon the person of James M. Page. Sanders entered a plea of guilty, but Costa stood trial, was found guilty as charged, and has appealed from the judgment of conviction and the order denying his motion for new trial.
Appellant's conviction was ba...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 297
The action upon which the appeal herein was founded contained three counts, the first being for money had and received and each of the two others for rescission of the contract. Briefly, but in substance, the *Page 298
findings of the court show the foll...
Views: 0
The petitioner pleaded guilty to the charge of grand larceny and was sentenced to imprisonment at San Quentin. [1] He offered proof upon this proceeding *Page 295
showing his age to have been under eighteen years at the time of the crime and sentence. The petitioner made no claim nor disclosure concerning this fact at the time of his hearing either in the justice's court or in the superior court....
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 289
Petitioner was sentenced to confinement in the state prison at San Quentin upon plea of guilty to the crime of robbery committed October 11, 1926. Petitioner is a minor of the age of fifteen years and under sixteen years. At the time he appeared before th...
Views: 12
Olympic Auditorium, a corporation, was defendant in an action of unlawful detainer, the relief demanded by the plaintiff therein being based solely upon the failure of the defendant to pay installments of rent. Judgment went for plaintiffs, whereupon the defendant, acting under the terms of section 1179 of the Code of Civil Procedure, instituted a proceeding for relief from the forfeiture of lease...
Views: 3
Defendant was convicted of the crime of obtaining money by false pretenses under two counts. He appeals from the judgment of conviction.
[1] It is contended that the evidence was insufficient to support the verdict. Having in mind the rule that it is unnecessary to prove all of the false representations alleged in a charge of obtaining money by false pretenses, provided that enough be proven to co...
Views: 2
Plaintiff sued for damages for malicious prosecution. Defendant's demurrer to the complaint was sustained without leave to amend, and judgment for the defendant followed. Plaintiff has appealed on the judgment-roll.
The complaint alleges that on December 4, 1923, plaintiff filed with the real estate commissioner his application for a license as a real estate broker; that on December 18, 1923, defe...
Views: 2
Action to enforce a stockholder's liability. The case is presented under stipulated facts. It appears therefrom that plaintiff is the assignee of the trustees of the creditors of American Ice Machine Company, a corporation. The record is silent as to the rights of defendants Hamer and Hodges. [1] The alleged liability of defendant Reno is based upon an agreement entered into by him for the purchas...
Views: 2
The complaint alleges that the "defendant is indebted to the plaintiff in the sum of two thousand five hundred and fifty dollars . . . for so much money had and received by said defendant to and for plaintiff's use," and that the plaintiff had demanded payment thereof, but that the defendant refused to make such payment. The answer denies the allegations of the complaint. The trial court instructe...
Views: 0
This is a motion to dismiss the defendant's appeal from the judgment herein on the ground that appellant has failed to have prepared and to file a record on appeal within the time required.[1] The facts upon which respondent relies are certified by the clerk of the trial court to be as follows:
Judgment was entered September 28, 1926. Thereafter on the same day the defendant filed his notice of ap...
Views: 2
To the plaintiff's second amended complaint the defendant interposed a demurrer which was general and special. The trial court sustained the demurrer without leave to amend. Thereafter a judgment of dismissal was entered. From that judgment the plaintiff has appealed, bringing up the judgment-roll.
The plaintiff duly pleaded the incorporation of the Western Union Telegraph Company, etc. It also pl...
Views: 1
This is an appeal from a judgment rendered against the defendant National Bank for the sum of $1,050 with interest, being the amount evidenced by a certain certificate of deposit made and delivered by the defendant to the plaintiff.
Upon a former appeal in this case an opinion was rendered by the supreme court (193 Cal. 185 [223 P. 547]), wherein the law covering every phase of the case was fully ...
Views: 0
THE COURT.
[1] The transcript on appeal was filed in this court August 9, 1926. No brief has been filed in behalf of the appellant. The case was regularly placed on the February calendar for oral argument. No appearance was made for appellant at the time the case was called for hearing. Pursuant to the provisions of section 1253 of the Penal Code, the judgment and the order are affirmed....
Views: 0
THE COURT.
[1] The transcript on appeal was filed in this court May 12, 1926. No brief has been filed in behalf of appellant. The case was regularly placed on the February calendar for oral argument. No appearance was made for appellant at the time the case was called for hearing. Pursuant to the provisions of section 1253 of the Penal Code, the judgment and the order are affirmed....
Views: 0
THE COURT.
[1] The transcript on appeal was filed in this court April 30, 1926. No brief has been filed in behalf of appellant. The case was regularly placed on the February calendar for oral argument. No appearance was made for appellant at the time the case was called for hearing. Pursuant to the provisions of section 1253 of the Penal Code, the judgment and the order are affirmed. *Page 253 ...
Views: 0
THE COURT.
[1] The transcript on appeal was filed in this court April 2, 1926. No brief has been filed in behalf of appellants. The case was regularly placed on the February calendar for oral argument. No appearance was made for appellants at the time the case was called for hearing. Pursuant to the provisions of section 1253 of the Penal Code, the judgments and the orders are affirmed. *Page 252 ...
Views: 0
THE COURT.
[1] The transcript on appeal was filed in this court December 8, 1925. No brief has been filed in behalf of appellant. The case was regularly placed on the February calendar for oral argument. No appearance was made for appellant at the time the case was called for hearing. Pursuant to the provisions of section 1253 of the Penal Code, the judgment is affirmed. *Page 251 ...
Views: 0
The appellants and one Robert McCammish were jointly charged by indictment with having on the fourteenth day of December, 1924, in the county of Kings, wilfully, unlawfully, feloniously, and with malice aforethought killed and murdered one Lee Camp. Appellants were convicted of murder in the second degree, and McCammish was acquitted. Motions for new trial were denied, and the respective appeals f...
Views: 0
The salient facts in this appeal appear to be that George A. Binney was the owner of a citrus grove and that he executed and delivered a mortgage thereon, including *Page 214
the "rents, issues and profits," to Edwin O. Kennard and Flora H. Kennard. The indebtedness secured by the mortgage not having been paid, suit was brought to foreclose the mortgage, and somewhat later a receiver in the actio...
Views: 2
The only point involved on this appeal is as to whether the action was barred by the statute of limitations.
The appeal, which comes here on the judgment-roll alone, is from a judgment in favor of defendant. The action is based upon an alleged breach of contract to pay money. It appears that the defendant and his wife, Kate O'Marr, executed a promissory note in favor of plaintiff on July 1, 1913, ...
Views: 5
The three defendants were tried jointly upon an information framed in two counts, one charging robbery and the other charging rape. The jury returned a verdict of guilty upon the second count, having failed to agree as to the charge of robbery. Judgments following the verdict were entered in each instance on September 30, 1925, and three separate appeals were taken based upon one typewritten trans...
Views: 1
The assignor of the plaintiff herein held a crop mortgage on a quantity of pink beans. This mortgage was executed by Gussie Leal alone without the signature of her husband, Raul Leal. The defendant, as sheriff, levied upon and took possession of said beans upon a writ of attachment or execution (the record is not clear as to what the writ was) issued in a certain action by the Bank of Italy, a sub...
Views: 0
The defendant was charged by information with the offense of assault with a deadly weapon with intent to commit murder. The jury returned a verdict of guilty of assault with a deadly weapon, upon which verdict defendant was sentenced for the term prescribed by law, with this additional order in the judgment "After sentence has been served, defendant is to be deported to Mexico." Defendant's motion...
Views: 21
The appellant was jointly charged with one Charles E. Marsh with murder. Marsh was granted a separate trial. The jury returned a verdict of guilty of murder in the second degree against this appellant. After denial of his motion for a new trial judgment was pronounced and it is from that judgment and the order denying his motion for a new trial that he appeals.
The facts necessary for the disposit...
Views: 4
Plaintiff appeals from the judgment for defendant after order sustaining demurrer to plaintiff's amended complaint. The demurrer, besides demurring generally, raised the statute of limitations by appropriate specifications. *Page 193
The complaint in many respects is like the one passed upon inPrichard v. Mercantile Trust Co. and King, 65 Cal.App. 327
[224 P. 103]. The defendant there was sued as...
Views: 1
When the demurrer to the complaint came on for hearing in the court below the point was raised that no certificate of counsel was attached to the demurrer as required by Rule 40 of the superior court of the city and county of San Francisco. The court thereupon granted defendant leave to file an amended demurrer. The amended demurrer was afterward filed containing the missing certificate. Thereafte...
Views: 4
The plaintiff has appealed from the judgment herein in favor of defendants.
Sophia R. Winslow, plaintiff's mother, died May 1, 1919, leaving a last will and testament, executed September 28, 1914, by the terms of which she made disposition of her real and personal property. The will was duly admitted to probate and defendant Mary D. England, decedent's daughter, was appointed executrix. Defendants...
Views: 3
Action in replevin based upon the provisions of a chattel mortgage given by defendants to plaintiff.
The mortgage in question was given as the sole consideration for the sale by plaintiff to defendants of eighteen head of dairy cattle, and covered not only the cattle sold, but also eleven other head owned by the defendants. By way of answer the defendants relied on their cross-complaint, *Page 166...
Views: 5
The defendant was convicted on the first count of an indictment, which first count charged him with the embezzlement of certain corporation stocks and Liberty bonds, "all of the aggregate value of $686.00." A motion for a new trial was made and denied, and the defendant has appealed from the order denying motion for a new trial, and from a judgment of conviction on the verdict.
[1] Appellant conte...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 144
There are two appeals upon the same record, viz.: The one from an order granting a nonsuit and the other from a formal judgment of nonsuit. [1] The appeal from the original order granting the nonsuit was proper and sufficient to authorize a review of the ...
Views: 11
This proceeding for the writ of review seeks the annulment of a supplemental award for a surgical operation and hospital bills amounting to the sum of $94. The original and one supplemental award were heretofore considered by the other division of this court and not disturbed. (Coombs v. Industrial Acc. Com.,76 Cal.App. 565, [245 P. 445].) Finding No. 2 of the original findings and award is as fol...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 130
This is an application for the writ of habeas corpus and from the petition and return thereto it appears that the petitioner was charged with violating the Corporate Securities Act. The complaint shows that on the fifth day of October, 1926, petitioner kn...
Views: 4
The defendant was convicted of the crime of robbery. Judgment was pronounced upon the verdict and a motion for a new trial of the action was denied. From the judgment and the order defendant prosecutes this appeal.
[1] During the trial of the action the defendant called three witnesses who testified that his general reputation for truth, honesty, and integrity was good. The defendant requested the...
Views: 0
The defendant was convicted of the unlawful possession of intoxicating liquor, and in the information was also charged with two prior convictions of possession of intoxicating liquor.
As to the prior convictions, the defendant on the day of trial stated that he had been convicted as charged, but plead not guilty as to possession of intoxicating liquor. The defendant's claim was that the liquor was...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 115
The appellant was convicted of robbery alleged by information of the district attorney of Los Angeles County to have been committed on or about the twenty-second day of February, 1926. A motion for new trial was presented, which was denied, and he appeals...
Views: 6
The petitioners were arrested and are detained upon a warrant issued by the municipal court pursuant to a complaint charging them with conducting, operating, and carrying on "a certain plan and scheme and system of merchandising by means of an endless chain for the sale of silk hosiery and ladies' underwear and men's furnishing, . . . without first having obtained from the Board of Police Commissi...
Views: 0
The plaintiff herein was employed as a nurse in a hospital owned and operated by the defendant and during the course of such employment was injured as a result of falling down a flight of stairs into the basement in one of the hospital buildings. At the time of the accident defendant had not complied with the requirements of the Workmen's Compensation Act with respect to securing payment of compen...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 88
Appeals by defendants from a judgment entered on a verdict for the plaintiffs in an action to recover for personal injuries. *Page 89
E.A. Kruse is the husband of Madeline C. Kruse, and the latter – who will be hereinafter referred to as the plaintiff – w...
Views: 19
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 78
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 79
An appeal by plaintiff from a judgment of nonsuit in an action to recover damages for personal injuries.
About n...
Views: 16
An appeal by plaintiff from a judgment given in favor of defendant on a cross-complaint in an action brought to recover installment payments claimed to be due under a written contract whereby defendant agreed to buy from plaintiff eighty shares of the capital stock of the Rush Creek Mutual Ditch Company.
Answering, defendant denied that said installments were then due and interposed affirmative de...
Views: 4
Appellant was convicted of violating section 274 of the Penal Code, the charge being that he administered *Page 51
a drug to a pregnant woman with the intent to procure a miscarriage, and on this appeal presents two points, contending, first, that the testimony of the woman upon whom the crime is alleged to have been committed was not corroborated as required by section 1108 of said code; and, se...
Views: 11
This action was tried before a jury resulting in a verdict in favor of the plaintiff in the sum of $6,000. From the judgment entered thereon the defendant appeals.
The complaint alleges that on or about the fourteenth day of July, 1923, the defendant owned, maintained and controlled the Merritt-Jones Hotel in the city of Santa Monica, that the defendant, by his agents and employees, kept and maint...
Views: 2
The appellant in this case was charged by information with the crime of rape, alleged to have been committed by force and violence, and against the resistance, of a female not his wife, in the county of Tulare, on or about the fifth day of July, 1925. The jury returned a verdict of guilty, a motion for new trial was presented which was denied, and this is an appeal from the judgment and from the o...
Views: 1
Norman W. Tatterson commenced an action against the defendants to recover a sum of money alleged to be due as commissions earned by him in effecting an exchange of real properties. Thereafter the defendants appeared and such proceedings were had that the trial court made an order authorizing the plaintiff to file an amended complaint joining Carl H. Nieper as a coplaintiff. An amended complaint wa...
Views: 4
Appeal from an order denying defendants’ motion to vacate and set aside a judgment sentencing them to suffer the penalty prescribed for the commission of the crime of robbery in the first degree, after plea of guilty by them to the commission of such offense. In the same motion appellants moved the court for permission to withdraw their plea and to interpose in lieu thereof a plea of guilty to th...
Views: 6
The facts presented on the appeal and those alleged in the petition in the original proceeding are so similar that they present the same legal questions. Disposition of those questions, therefore, may be made by a single opinion, and upon a statement alone of the few material facts presented upon the appeal.*
[1] There are in the county of Los Angeles two municipal courts. Appellant was convicted...
Views: 10
MEMORANDUM CASE.
This is a suit in equity, brought by plaintiff Samuel G. Goucher against his wife Grace Coe Goucher to determine the status of the title to certain property acquired after marriage, most of which stood in defendant's name and which plaintiff claimed was community property. About two months after this suit was begun defendant commenced an action for divorce,...
Views: 1
Action is brought to recover $34,800 as damages for nondelivery of certain motor valves which it is alleged defendant contracted to manufacture and deliver to plaintiffs and which plaintiffs had in turn contracted to sell and deliver to their customers. Defendant alleges that it did manufacture all of said valves that had been ordered, and offered to deliver the same, and that plaintiffs failed an...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 788
Action to quiet title to certain real property. Appellant Anna Hansen commenced independent actions affecting two distinct parcels of land, claiming that the deeds thereto made by one Charles J. Hansen to his mother, Marie N. Hansen, were void for want of...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 780
The defendant was convicted of the crime of forgery upon an indictment charging that jointly with James Cosgrove and Charles Lovett, on or about the twenty-second day of November, 1926, she wilfully, unlawfully, etc., with intent to defraud one D.B. Curry...
Views: 9
This is an application for a writ of certiorari. From the petition for the writ it appears that an action was commenced in the respondent court on the 30th of December, 1926, by the Southern California Edison Company against the petitioner and others for the purpose of condemning certain water rights of the latter; that the Honorable Raymond W. Williamson, an attorney at law in the city of San Fra...
Views: 15
Plaintiff sued in San Mateo County to recover $650 alleged to have been paid the defendant Jackson for corporate stock. The grounds of the action were that the stock was purchased from Jackson, who was a licensed stock broker, through fraudulent representations *Page 763
of the assets and liabilities of the corporation by which the stock had been issued. The defendant National Surety Company was ...
Views: 1
— This is an appeal from a judgment of the superior court of Los Angeles County decreeing that a deed executed by appellant to the defendant Lawrence W. Allen, and a deed executed by said Allen to the defendant Kings-bury be canceled, provided that within ninety days from the date of the judgment being entered the plaintiff pay to the clerk of the above-entitled court $1,370, with interest thereo...
Views: 0
This is an action for damages occasioned by the collision of an automobile with a motor-truck. The automobile was proceeding along the right side of a highway and was occupied by plaintiffs. The truck was standing at the same side of the thoroughfare, partially on and partially off the traveled portion of the road, and was faced in the direction in which the automobile was proceeding. The events o...
Views: 8
This is an appeal upon the judgment-roll, the sole ground being that the judgment is not supported by the findings. The action is for conversion.
It appears that the plaintiffs sold an automobile to one C.L. Jones on a "lease contract," by the terms of which title was retained in the vendor. The court found that on the twenty-third day of July, 1922, Jones, while in legal possession of the car, br...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 741
The defendants were convicted under six counts of the indictment, each count charging the crime of obtaining money by false pretenses. They prosecute this appeal from the judgments and from orders denying motions for new trials.
It is claimed by the appel...
Views: 15
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 730
Plaintiff's first amended complaint sets forth two causes of action, the first being for the reformation of an agreement between the parties and to recover damages for the alleged breach thereof, and the second being an action for damages by reason of all...
Views: 7
This is an appeal from an order appointing a receiver in an action brought to foreclose a mortgage of a leasehold on an apartment house, together with the furniture and furnishings therein contained.
[1] It is contended by appellant that the court abused its discretion in making the appointment and that the court was without jurisdiction in the premises.
By subdivision 2 of section 564 of the Code...
Views: 7
In response to petition of John M. Jackson, now in custody of the sheriff of Los Angeles County, a writ of habeas corpus was issued, to which return was duly made by the sheriff, and a traverse thereto by petitioner. Evidence was presented, and the matter was then argued and submitted for decision.
The subject matter hereof rests upon an extradition proceeding. Petitioner has been arrested and is ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 712
The defendant appeals from a judgment in favor of the plaintiffs for moneys alleged to have been paid by the latter upon a contract for the manufacture of electric lighting mechanism, the consideration for which the court below found to have wholly failed...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 702
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 703
Defendants appeal from a judgment of conviction of the crime of conspiracy to commit the crime of grand larcen...
Views: 8
By this action the respondent, James B. Jones, administrator of the estate of William O. Jones, deceased, seeks a judgment against the respondent, *Page 697
the Bank of San Jose, a corporation, for the sum of $1,629.66, which it is claimed the respondent bank had in its possession as a balance of a deposit made by W.O. Jones with said bank, the inception of the account being a deposit of $2,000 o...
Views: 3
Judgment was entered herein quieting plaintiff's title to two lots in the town of Lodi. The defendant has appealed from the judgment. A prior judgment in the action in favor of the plaintiff was reversed on the ground that the court failed to find upon the defendant's allegation that the conveyance of the lots to plaintiff was fraudulent. (Bird v. Murphy, 72 Cal. App. 39
[236 P. 154].) On the retr...
Views: 4
This is an appeal from a judgment in favor of plaintiff for the sum of $600 and interest, found by the court to be owing to plaintiff under verbal promises of defendant to pay said sum in consideration of plaintiff's agreement to refrain from further prosecution of a pending action to foreclose a lien for materials supplied *Page 687
for and used in buildings constructed on land acquired by defen...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 677
This is an action, tried without a jury, to recover brokerage claimed by plaintiff under a contract with defendant reading as follows:
"Los Angeles, California, "April Third, 1922.
"Mr. L.M. Ford, 1023 Chapman Bldg., Los Angeles, Calif.
"Dear Sir: In the ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 662
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 663
This is an appeal from a judgment in the sum of $2,033 in favor of the plaintiff Kate Power and against the de...
Views: 9
This action was commenced by plaintiff to recover from defendant Grace S. Miller an undivided one-half of two parcels of real property in the city of Long Beach, California. The complaint alleged the ownership by plaintiff of an undivided one-half interest, her incompetency and the appointment of a guardian, and then alleged that for some time prior to the death of Willard E. Miller, a son of plai...
Views: 1
The difficulties to be adjusted by this action arise out of the failure on the part of the defendant and appellant to accept and pay for the major portion of the oil agreed to be purchased by it, in the following contract:
"Los Angeles, Calif., January 10, 1921.
"Ventura Refining Company, "Title Insurance Building, "Los Angeles, California.
"Please enter order for account of the undersigned of the...
Views: 0
Plaintiff is a nonprofit association, or corporation, organized under the provisions of the Civil *Page 642
Code for the purpose of distributing the product of its members, who are alfalfa growers. The defendants, as copartners, owned a membership in the organization. This action was commenced for the purpose of enforcing the collection of an unpaid assessment against the membership held by them....
Views: 0
This matter comes before us upon a petition of C.W. Miller asking that a writ of prohibition be issued from this court directed to the Honorable H.D. Gregory, as Judge of the superior court of the state of California, in and for the county of Butte, and C.F. Belding, clerk of said court, restraining and prohibiting further proceedings under an order of said court, directing the said C.F. Belding t...
Views: 1
Defendant appeals from an order denying it a new trial and also from an order denying its motion to set aside and vacate the judgment rendered and entered against it herein.
On the sixteenth day of January, 1926, the plaintiff brought this action to recover from the defendant the sum of $625, alleged to be the balance due him from the defendant "for work, labor and services performed and rendered ...
Views: 2
Appellants were found guilty of the crime of assault with intent to commit murder. *Page 620
This case presents but a single question on appeal. Appellants assign as error the refusal of the trial court to give the following instruction: "If you believe from the evidence that defendants, or any of them, did not commit an assault upon the person of Yee Moon with a deadly weapon, with intent to com...
Views: 15
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 612
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 613
This action is one in which the appellants alleged that they were the parents of a minor eighteen years of age...
Views: 10
This is an appeal from a judgment entered on a verdict in an action for libel and slander. *Page 606
The complaint contained four counts – each of the first two thereof being for both compensatory and punitive damages on account of an alleged libel published by defendant, and each of the last two counts of the complaint being likewise for similar damages alleged to have been occasioned to plainti...
Views: 1
Appellant was charged by information in the superior court of Los Angeles County with a violation of the Wright Act, a high-grade misdemeanor, and was tried and found guilty. This appeal is taken from an order of the superior court denying his motion for a new trial, and from the judgment of conviction.
[1] Two grounds are urged, upon which it is claimed that the judgment should be reversed. First...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 596
These are consolidated actions for the purpose of quieting title against the various defendants to the property described in certain oil leases. Defendant Interstate Oil Corporation is the holder of said leases and appeals from the judgments rendered for ...
Views: 7
This action was commenced by complaint filed on the ninth day of October, 1922, by Clarence E. Gorthy and his wife, Blenda Gorthy, against the defendants Kelley and McGuire and others. The Gorthys alleged that they were at that time the owners in fee simple of a described tract of fifteen acres of land in Orange County, and they sought to obtain a decree quieting their title against any and all ad...
Views: 11
The petitioner, as the mother of three minor children, has applied for a writ of habeas corpus. In her petition she alleges that formerly she and C.J. McKean were husband and wife; that there were born as the issue of the marriage the three minor children above mentioned; that on the seventh day of May, 1926, the petitioner commenced an action for divorce; that the husband was duly served with sum...
Views: 4
Page 837
Petition for a writ of habeas corpus. It is alleged therein that petitioner Frank E. Page is unlawfully imprisoned and restrained of his liberty by the sheriff of the county of Modoc, California; that he is so restrained pursuant to an order and bench warrant issued out of the superior court of said county charging him with the murder of one Pearl Connell. That prior to the filing of the informati...
Views: 1
Action by plaintiff to abate a nuisance. Plaintiff had judgment, from which the defendants appeal.
The record shows that some time during the year 1925 the defendants opened a refreshment stand at the corner of Pacific Avenue and Elm Street, in the city of Stockton. At this stand the defendants served to the public sandwiches, made of barbecued ham and beef, coffee, soft drinks, and candy. The com...
Views: 11
The legal question in this case is whether a check of $2,000, drawn in good faith by the purchaser of an automobile to the order of the salesman with whom he dealt and delivered to the salesman at the place of business of his employer, the vendor, coincidently with the delivery of the car to the purchaser, constitutes payment to the vendor, though the salesman, upon cashing the check, absconded wi...
Views: 10
— The complaint alleges that the plaintiff purchased from the defendant a Flint sport roadster for $2,245 and delivered to defendant in payment therefor a Flint touring car and the plaintiff’s promissory note for $945; that “defendant agreed to give plaintiff a credit upon the purchase price of said Flint sport roadster of $1,300 on account of said Flint touring car, and defendant further agreed ...
Views: 3
This is an appeal by defendants from a judgment rendered upon a verdict by a jury. The action was prosecuted by plaintiffs to recover damages alleged to have been sustained by the plaintiff Laura Peavey, and to recover resulting damages alleged to have been suffered by her husband, James Peavey, the other plaintiff, by reason of the alleged negligence of the defendants in the operation of an autom...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 534
Plaintiff sued to rescind a contract for the exchange of real properties executed on September 20, 1917. *Page 535
Judgment went for the plaintiff, from which the defendants have appealed on a bill of exceptions.
The complaint is based upon charges of fr...
Views: 2
This is an appeal by appellants from a judgment entered in favor of respondent and against appellants and interveners. The interveners have not appealed.
On August 1, 1919, the appellants Delozier and Colvin, being real estate brokers located in Los Angeles, but formerly located in Imperial Valley, where they had known and had business dealings with respondent, received a letter from one Francisco...
Views: 1
The above two cases were tried together before a jury in the superior court of Santa Cruz County. The causes of action in both are identical in form, although different amounts are involved therein. In the action against the Santa Cruz National Bank it is alleged that one A.S.T. Johnson was employed by plaintiff as a bookkeeper with authority to collect money and checks due and owing to plaintiff ...
Views: 2
This is an appeal by defendant from an interlocutory decree of divorce granted to plaintiff on the ground of wilful neglect.
The parties were married in Chicago in 1887, and for some years prior to 1916 they had been making their home in Milwaukee, though Mrs. Winslow had been in the habit of spending the winters near Los Angeles, where she had sisters and could be near a daughter attending Pomona...
Views: 5
Plaintiff appeals from a judgment of the superior court of the city and county of San Francisco abating this action on the ground that when it was commenced there was another action pending in the same jurisdiction, based upon the same cause and contested by the same parties in the trial court, the prior action being numbered 146,986 and that under discussion 146,989. There is no question that the...
Views: 4
MEMORANDUM CASE.
THE COURT.
[1] This is an appeal by the plaintiff from a judgment in favor of defendants. The parties have filed herein the following stipulation:
"It is hereby stipulated . . . that the above-entitled case involves the same facts and circumstances as the case of Wagg
v. Toler et al., 80 Cal.App. 501 [251 P. 973], and it is hereby stipulated that the above-...
Views: 0
This is an appeal from an order denying defendant's motion to modify a decree of divorce. The notice of motion, eliminating that part merely formal, is that defendant will move the court "to modify the decree and orders herein so that defendant shall pay the sum of $15 per month for the support of the minor child of plaintiff and defendant, instead of the sum of $25 per month as previously ordered...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 788
Two appeals from a decree in a suit to quiet title are presented herein.
On December 16, 1919, the defendants entered into a written contract with Roland A. Wood-Seys, plaintiff's father, for the purchase and sale of a dwelling situate in the town of Aval...
Views: 4
Some time between the hours of 5 and 6 o'clock on the evening of November 20, 1922, in the city of Los Angeles, the plaintiff was injured by being run over by one of the trucks of a car of a three-car train, then and there belonging to and being operated by the respondent, Pacific Electric Railway Company, and brought this action against both named defendants to recover damages. Judgment went for ...
Views: 1
In this action judgment was entered in favor of plaintiff and against defendant for $3,864.92, and from this judgment defendant has appealed. He urges two points: 1. "The evidence does not establish that the deed was intended to be anything other than what on its face it purports to be"; 2. "The ex parte order made by the court sending the case to a referee for hearing was void and the judgment pr...
Views: 1
This is an appeal from a judgment rendered in favor of plaintiff in an action for damages alleged to have been sustained as a result of a collision between an automobile driven by plaintiff and a milk wagon of defendant corporation. Plaintiff recovered judgment for the sum of $719.30, which included $50 as physician's fees and $69.30 for damages to his automobile.
Issue was joined on the question ...
Views: 1
The defendant was convicted under two counts of the information charging robbery and burglary. Judgment was rendered on each of said counts. Defendant appeals from the judgments and from the order denying defendant's motion for a new trial.
On July 10, 1926, about the hour of 9:30 P.M., a man wearing a burnt-cork mask entered the store of R.C. Welliver in Los Angeles, drew and cocked a revolver, h...
Views: 20
This is an application for a writ of mandamus directed against the Superior Court requiring it to hear a motion modifying an interlocutory decree of divorce. The respondents were served with an alternative writ and they appeared and filed a general demurrer. From the petition it appears that Adelphia Archer commenced an action against this petitioner, Clayton Archer, to obtain a divorce; the husba...
Views: 6
This action involves the exercise of the right of eminent domain. Decree of condemnation having gone for plaintiff, defendant Youngworth filed a memorandum of his costs and disbursements, whereupon plaintiff filed its notice of motion to tax the costs. Upon the motion coming on to be heard the trial court made its order denying it. From this order plaintiff appeals.
The items of the cost bill to w...
Views: 3
The defendants appeal from a judgment of conviction of the crime of robbery and from an order denying a new trial.
[1] The appellants contend that the court erred in admitting in evidence two automatic pistols. One of the victims of the robbery testified that both of the defendants had guns (pistols) and the other victim testified as to the weapon held by the defendant who handled him at the time ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 724
In this action plaintiff sues to recover on an express contract for work and labor performed for, and materials furnished to, defendants. It seeks, further, to enforce a claim of lien against the premises benefited by such labor and materials. Judgment we...
Views: 0
This is an application for reinstatement as an attorney at law.
[1] The petition shows that an order was made admitting petitioner to the bar, but that it was later set aside because of the fraud of petitioner in procuring it. It is under these circumstances that he asks for a reinstatement. In legal effect petitioner has never been an attorney at law in this state. He, therefore, cannot be "reins...
Views: 1
An appeal from a judgment in an action for conversion. The complaint alleged that appellant corporation, which conducts a storage warehouse, received from respondents for storage certain personal property owned by them which it failed to redeliver on demand. Judgment was entered for the plaintiffs in the sum of $440, the value of the property according to the findings of the trial court, with i...
Views: 1
This is an original petition for a writ of prohibition, the object of which is to prevent the respondents from proceeding with the trial of a certain action pending in respondent court and wherein one Clara C. Kise is plaintiff and the petitioner herein is defendant. *Page 712
It appears that on the twenty-third day of September, 1925, said Clara C. Kise and a concern named "The O.F. Mitchell Com...
Views: 1
A proceeding in certiorari to review an order of the Superior Court of the City and County of San Francisco directing that an action pending therein be tried by a jury. *Page 710
The action in the Superior Court was brought by petitioner to recover on several assigned claims for money had and received. The defendant therein answered, whereupon petitioner served a notice of motion to set the case ...
Views: 5
The plaintiff began this action by filing a complaint against the defendant Chin Chew. Thereafter a first amended complaint was filed, bringing in the defendant Chun Hee Tong. The amended complaint bringing in the defendant Chun Hee Tong is, after the title, in words and figures following:
"Plaintiff complains of defendants and alleges:
"I.
"That defendants became in...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 692
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 693
The plaintiff commenced an action to recover damages for injuries sustained in a collision between a Ford truc...
Views: 3
The assignor of the plaintiff, Mrs. Vierhus, together with a Mrs. Tisney agreed to lend the defendant $5,000. Each was to contribute $2,500. Mrs. Tisney expressed doubt of her ability to raise her share, but the appellant claims the agreement was that the full sum of $5,000 was to be lent. Defendant agreed to give security for the loan by executing a mortgage on a certain paint factory and machine...
Views: 1
The parties intermarried June 25, 1902, and ever since have been and now are husband and wife. The plaintiff was then of the age of twenty-two years and the defendant was thirty-one. At the time of the marriage the plaintiff owned securities of the value of $4,000. The defendant's property at that time, together with that acquired by him as his separate property shortly thereafter, was of the appr...
Views: 8
[1] Motion to dismiss appeal on the ground of the insufficiency of the notice. The transcript and *Page 677
appellant's brief have been on file for nearly four years and no brief has been presented by respondents. The language employed by appellant in his notice of appeal states that he "desires and intends to appeal from the judgment." The sole objection to the notice is that it merely conforms ...
Views: 1
The information is in eight counts, four of which charged the defendant with the crime of grand larceny of certain stocks, and the other four counts charged the defendant with the crime of embezzlement of the identical stocks mentioned in the larceny counts. The jury returned a verdict acquitting the defendant on the four counts charging grand larceny, and finding the defendant guilty on the four ...
Views: 6
Defendant was charged by information with the crime of embezzlement, it being alleged that by virtue of his employment as an agent there came into his possession and control ten shares of stock of the American Telephone and Telegraph Company of the value of one thousand four hundred dollars, the property of one W.S. Fitch, and that defendant unlawfully embezzled and appropriated the same to his ow...
Views: 2
Plaintiff had judgment against the defendant Lea Bleakmore, and the defendant Helen Bleakmore had judgment against the plaintiff. Plaintiff thereupon moved the trial court to vacate the judgment in favor of the defendant Helen Bleakmore, and to enter judgment against said defendant in favor of the plaintiff. This motion was denied. From this order and from the judgment in favor of the defendant He...
Views: 5
The plaintiff, as assignee of Central Finance Company, a corporation, brought this action to recover the amount of six trade acceptances drawn by J.B. Vallen, doing business as Cadillac Manufacturing Company, upon defendants and duly accepted by them. They are all of one series, dated February 2, 1923, and payable 65, 70, 75, 80, 85, and 90 days respectively after date. They are all identical in a...
Views: 3
Under the provisions of section 269a of the Penal Code, a jury found defendant guilty of the offense of living in "a state of cohabitation and adultery" with a woman who was not the wife of defendant. From the judgment and the order denying defendant's motion for a new trial, defendant appeals to this court.
While the evidence was somewhat conflicting, the jury was authorized to conclude therefrom...
Views: 6
This is an action in ejectment, wherein plaintiff obtained judgment for the recovery of the possession of a mining claim. Defendants have appealed on the *Page 645
judgment-roll alone, contending that the findings are insufficient to support the judgment.
The facts found were as follows: On March 31, 1924, Oscar de Witt, plaintiff's grantor, posted a notice of location on the mining claim in ques...
Views: 1
We are asked to vacate an order of the Superior Court of Los Angeles County dismissing an appeal from a judgment of the justice's court, rendered in an action of Agustino Riggio against J. Napolitano, petitioner herein.
[1] It appears without conflict that the case on appeal was not brought to trial until after the expiration of one year from the date of its filing in the Superior Court. It was se...
Views: 2
This is defendant's appeal, taken on the judgment-roll alone, in an action to recover a sum of money alleged to be due as real estate commissions under the terms of a written agreement entered into between appellant as seller and F. de la Guardia as buyer for the sale of appellant's apartment house in Los Angeles. *Page 635
A copy of the entire agreement is annexed to the amended complaint and is...
Views: 3
The plaintiffs and respondents instituted an action in the superior court of Los Angeles County upon an alleged verbal contract of the defendant and appellant to pay the plaintiff John MacFadden a portion of the proceeds of sale for disposing of certain personal property, and of certain insurance premiums refunded. The transaction appears to have been wholly founded upon services claimed to have b...
Views: 1
Plaintiff sued upon a complaint pleading two causes of action "for breach of contract," one in the form of a common count for money had and received and the other based upon five written contracts for the purchase and sale of sugar. The defendants' demurrer to the complaint was sustained without leave to amend and the plaintiff has appealed upon the judgment-roll.
[1] The first alleged cause of ac...
Views: 2
On the eighth day of September, 1926, an information was filed in the superior court of the county of Sacramento, charging the above-named defendants with having on the twenty-second day of July, A.D. 1926, in the county of Sacramento, burglarized a certain store owned by one J.E. Holst, situate in the town of Fair Oaks, in said county.
Upon arraignment the defendant Oscar Anderson pleaded guilty....
Views: 3
The appellant was charged by information with having committed in the county of Tulare the infamous crime defined by section288a of the Penal Code. He was convicted by a jury, and appeals from the resultant *Page 616
judgment upon the grounds (1) that the People's witnesses were accomplices, and that aside from their testimony "there was not a particle of evidence to show the commission of the of...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 592
A criminal offense, claimed to have been committed by the district attorney of the county of San Diego, was under investigation by the grand jury of the county, whereupon the attorney-general "appointed and employed" *Page 593
the petitioner in this proc...
Views: 10
Appeal by plaintiff from a judgment entered upon the sustaining of a demurrer to a petition for a writ of certiorari. There is no dispute as to the facts. They show in substance that on or about the twentieth day of December, 1923, an automobile owned and driven by respondent Wagnon was damaged in a collision with an automobile driven by appellant. On January 5, 1924, Wagnon brought an action in t...
Views: 3
The plaintiff commenced an action to obtain an accounting and a judgment in foreclosure on the amount found to be due. The defendant appeared and answered and also filed a cross-complaint. The plaintiff answered the cross-complaint and a trial was had before the trial court sitting without a jury. The trial court made findings of fact in favor of the plaintiff and caused a judgment to be entered i...
Views: 1
This is an application for the release of petitioner on habeascorpus for the reason that he was not brought to trial within sixty days from the filing of the *Page 578
information, as provided in subdivision 2 of section 1382 of the Penal Code. The petition shows that the information was filed on August 6, 1926; and thereafter, without objection by petitioner, was set for trial for October 6, 192...
Views: 12
On the sixteenth day of November, 1925, an information was filed by the district attorney of Sacramento County, in the superior court of said county, charging the defendant with the crime of pimping, as said crime is defined by an act of the legislature of 1911 (Stats. 1911, p. 10) as amended by the legislature of 1921 (Stats. 1921, p. 96.) On the seventeenth day of November, 1925, the defendant w...
Views: 19
Defendant, Pedro Pedel, was charged by information with the crime of robbery. Upon trial before a jury he was convicted and the degree found to be robbery of the second degree. Thereafter defendant moved for a new trial and the motion was denied, whereupon the court pronounced its judgment. The appeal rests upon three points, viz., first, that the evidence was insufficient to warrant the verdic...
Views: 1
Plaintiff sued on a promissory note for one thousand dollars executed by defendant Ringel, made payable to Sam Malnick, and indorsed by him and by the *Page 557
other defendant. Plaintiff had judgment for the amount prayed for, together with interest and attorney's fees, and the defendant Sam Malnick has alone appealed on a bill of exceptions.
The note was assigned to Joseph Malnick by Sam Malnic...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 548
The plaintiff, Mutual Benefit Life Insurance Company, a corporation, brought this action in interpleader to compel the defendants to litigate between themselves their respective claims to the proceeds of a life insurance policy upon the life of William C....
Views: 9
Plaintiff is the wife of defendant B.E. Tilden. Defendant S.D. Tilden is a son of B.E. Tilden by a former marriage. Plaintiff brought this action to quiet title to several parcels of real property in Los Angeles County. The several parcels are described in the complaint. The plaintiff alleged that she is the owner of twenty described lots in block 60 of the city of Santa Monica; that she is the ow...
Views: 9
Defendant appeals from a judgment of conviction of the crime of robbery and from an order denying his motion for a new trial.
[1] The first point presented by appellant is made in connection with the introduction in evidence, over defendant's objection, of the testimony given by a certain *Page 530
witness at the preliminary examination of defendant before the committing magistrate.
Section 686 o...
Views: 9
THE COURT.
The defendant was convicted in the superior court of Yolo County of a felony, to wit, the crime of committing certain lewd and lascivious acts upon and with the body of a certain female child under the age of fourteen years.
[1] The transcript on appeal was filed in this court January 14, 1927. No brief has been filed in behalf of appellant. The cause was regularly placed on the March c...
Views: 0
THE COURT.
The defendant was convicted in the superior court of Stanislaus County of a felony, to wit, the crime of incest.
[1] The transcript on appeal was filed in this court December 31, 1926. No brief has been filed in behalf of appellant. The cause was regularly placed on the March calendar for oral argument. No appearance was made for appellant at the time the case was called for hearing. Pu...
Views: 2
Action by a physician to recover the reasonable value of professional services. The complaint alleges that plaintiff at the special instance and request of defendant performed the alleged services for the benefit of defendant's nephew. It is claimed that the work done was of the reasonable value of $1,500; that the sum of $500 had been paid on account thereof, leaving a balance of $1,000, for whic...
Views: 1
Appellants were convicted in the trial court and prosecute appeals from the orders denying new trials and from the judgments of conviction.
On the twenty-fourth day of March, 1926, an information was presented to the trial court and thereafter filed with the clerk thereof jointly charging the defendants, Herbert Fitzgibbons and James O'Connor, with two offenses, to wit: The crime of burglary alleg...
Views: 7
Plaintiff recovered judgment for $5,750 for the construction of an oil well derrick. Two only of the defendants appeal – Miller and Ragos. They were personally served with summons. The points raised by these appellants are in general that the facts surrounding the making of the contract for the erection of the derrick were such and the nature of the written articles forming the syndicate was such ...
Views: 0
An action was commenced in the superior court of Alameda County to recover on a written contract for the payment of money. The defendant, who is the appellant here, filed with his demurrer to the complaint a demand and motion for a change of venue to Los Angeles County, where, according to his affidavit of merits, he resides. The motion was denied, and the appeal was taken from the order.
[1] It i...
Views: 1
Petitioner was a party to a divorce suit. He was ordered by the court in which the action was pending to pay to his wife, monthly, a certain sum of money as temporary alimony. Having failed to make some of the required payments when they were due, he was cited for contempt of court because of his dereliction, was adjudged *Page 499
guilty, and was sent to jail as a punishment for his alleged offe...
Views: 0
The petitioner applied to E.A. Portal Co., a corporation, and C.A. Budd, its secretary, to have a certificate of stock transferred on the books of the corporation, the respondents refused to make the transfer, and the petitioner has applied to this court for a writ of mandate directing the respondents to make the transfer. The parties stipulated as follows:
"Respondent E.A. Portal Co., Inc., is no...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 486
Appellant was charged by an indictment with a violation of section 288 of the Penal Code, to wit, a commission of a lewd and lascivious act upon the body of a female child. He appeals from the judgment entered on a verdict of guilty and from an order deny...
Views: 9
This action was brought to set aside two deeds executed by Phillipina Schroeder conveying certain lands to defendant Martin P. Lauffer and Emma Lauffer, his wife. Judgment was entered in favor of defendant and the plaintiff has appealed. In the year 1880 Frederick Schroeder, a widower, owned and, with his daughter Emma, resided upon a mountain ranch, consisting of the land, or the greater part ...
Views: 1
THE COURT.
The defendant was convicted in the superior court of Sonoma County of a felony, to wit, the crime of "lewd and lascivious act with and upon the body of a child under the age of fourteen years."
[1] The transcript on appeal was filed in this court October 18, 1926. No brief has been filed in behalf of appellant. The cause was regularly placed on the February calendar for oral argument. N...
Views: 0
Action to recover a broker’s commissions for the sale of real property. The complaint alleges in substance that on the fourteenth day of October, 1924, defendant entered into a contract in writing with plaintiff’s assignor, one James W. Doherty, *477 by the terms of which Doherty was given an exclusive contract for a period of three months to sell and enter into and sign a written contract in...
Views: 0
On or about July 7, 1925, one A. B. Widney commenced an action in the Superior Court of Los Angeles County, against the Maclay Rancho Realty Company, a corporation, for moneys alleged by the complaint and amendments thereto to he due to the plaintiff from the defendant therein through the subdivision and sale of certain real property under a contract in writing between the parties, dated June 1, ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 458
Defendant was convicted of murder in the first degree, and was sentenced to life imprisonment, under recommendation of the jury that tried him. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.
The victi...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 451
Defendant was convicted of the offense of unlawfully offering to sell narcotics. He appeals from the judgment and the order denying his motion for a new trial.
On the hearing of the action the following facts appeared in evidence: A man by the name of Don...
Views: 3
This is an appeal from an order refusing to change the place of trial. The defendants made two motions. The first motion was made under section 395 of the Code of Civil Procedure. That motion was denied, the defendants answered and thereafter the defendants made a motion to change the place of trial from Alameda County to Los Angeles County to promote the convenience of witnesses and the ends of j...
Views: 0
An appeal by defendants from a judgment entered on a verdict for the plaintiff in an action to recover damages for personal injuries. The appeal is presented on the judgment-roll and a bill of exceptions.
Defendants were common carriers operating automobile stages between the cities of Whittier and Long Beach. The plaintiff on the night of the accident was a passenger for hire on one of the stages...
Views: 3
The action is brought by plaintiff against the executor of the last will and testament of Henry William Hedemann, deceased, to recover the amount of a claim on a debt owing by decedent to claimant, which was rejected and disallowed by the executor. The original complaint in the action was filed on the eighth day of September, 1923. The case came on for trial upon the issues presented by the amende...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 429
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 430
Plaintiff sued in mandamus to compel the defendants to draw and issue to plaintiff their warrant upon the fund...
Views: 4
An action to recover damages for injuries to an automobile resulting from a collision. The owner of the injured automobile assigned his claim to plaintiff corporation, and from a judgment recovered by the latter the defendant appeals. The appeal is presented on the judgment-roll and a bill of exceptions.
Appellant contends that the evidence was insufficient to justify the verdict of the jury; that...
Views: 1
The defendant was convicted of the crime of robbery of the second degree. He moved for a new trial, which was denied. He was thereupon sentenced to imprisonment in the state prison. [1] He duly gave notice of appeal, but failed, within five days thereafter, or at any time, to file with the clerk or present to the court an application for a transcript of the phonographic reporter's notes of the tri...
Views: 0
The defendant Blackwell and one E.N. Weed were jointly charged with the offense of unlawfully selling intoxicating liquor. Blackwell was tried separately and convicted. He has appealed from the judgment and the order denying a new trial.
The defendant was the proprietor of a drugstore at the time of the alleged offense and Weed was one of the employees in the same store. He became one of the princ...
Views: 18
The plaintiff commenced an action against the defendant to obtain a divorce based on the alleged cruelty of the defendant. The summons and complaint were served on the defendant and as he failed to appear his default was entered. The plaintiff's evidence was taken before a commissioner and thereafter, on June 21, 1923, an interlocutory decree was rendered in which it was recited that a divorce oug...
Views: 0
Plaintiff brought this action to recover the sum of $640 claimed to be due for services rendered in connection with the sale of defendants' real property, and was given judgment for the sum of $300. The defendants appeal.
The amended complaint contained six counts. The first declared upon an agreement authorizing respondent to sell said real property at a stated price, for commission of $640; the ...
Views: 3
This is an appeal by defendant from a judgment in favor of plaintiff in a suit for a divorce. Two grounds for divorce were alleged in the complaint against defendant—one for the wilful desertion of plaintiff by defendant and the other for his wilful neglect of plaintiff. It is contended by appellant that the trial court erred in admitting a judgment-roll in a former suit for maintenance between...
Views: 3
Appellant was found guilty on six counts of an information charging grand larceny. The alleged crimes, as shown by the evidence, consisted in the obtaining of money from certain persons through the operation of a trick or device, by means of a fictitious firm, or partnership, for the transaction of a pretended business, in connection with which the victims were induced to yield possession of their...
Views: 7
Appeal from a judgment denying a petition for a writ of mandate directing the dismissal of an action pending in Justice's Court of the City and County of San Francisco.
It was sought by the action mentioned to recover from appellant as a stockholder a proportionate part of a debt of a corporation. The action was filed in the Justice's Court and summons issued on July 28, 1921. Appellant appeared t...
Views: 2
This is an appeal by the intervener, Title Insurance Trust Company, a corporation.
The facts are these: On March 15, 1915, one M. Lissner executed a lease to Adolph Jahnke for certain real property situate at 524 South Spring Street in the city of Los Angeles, known as "Jahnke's Tavern," for a period of approximately seven years; said lease expiring on March 31, 1922. Immediately after the execut...
Views: 6
Certiorari to review certain judgments of the Superior Court for lack of jurisdiction. It appears from the record that petitioner was a defendant in an action brought against him by his wife for divorce; that said action was filed on the twenty-third day of August, 1923; that an affidavit for publication of summons was made by plaintiff and that such summons was published; that the cause came on ...
Views: 1
Defendant and one James Kelly were jointly accused by information of the crime of burglary. The alleged offense was charged with having been committed by them on March 27, 1925. Upon arraignment they pleaded not guilty. On the day set for the trial defendant McConnell, upon the suggestion of his counsel, was ordered placed in the detention hospital for observation as to his sanity and the trial wa...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 785
Appellant was charged by an indictment with a felony, to wit, that being foreign-born and unnaturalized he had in his possession a firearm capable of being concealed on the person. The appeal is from the judgment, entered on a verdict of guilty, and an or...
Views: 1
This is an appeal by defendant, Los Angeles Railway Corporation, from a nunc pro tunc order made by the superior court of Los Angeles County on August 23, 1924, in the above-entitled case.
The record is brought to this court upon a bill of exceptions, and the facts necessary to a correct understanding of the issue involved are these:
The plaintiff, Kathryne Haynes, brought the above-entitled actio...
Views: 8
On the third day of April, 1920, B.R. Smith and wife executed and delivered to the defendant, Julia Mackie, a promissory note for three thousand dollars. This note was secured by mortgage upon certain real property in San Bernardino County, state of California. On the thirtieth day of June, 1920, Julia Mackie transferred said note to the Globe Land Company, a corporation, by a written indorsement ...
Views: 6
This is an action in tort and was brought by the plaintiff to recover damages upon two separate and distinct causes of action – the one, for the utterance by the defendant Gilbert, "as the servant and agent of the (defendant) State Compensation Insurance Fund," of certain alleged slanderous language and words of and concerning plaintiff, and involving the statement that plaintiff was afflicted wit...
Views: 13
Plaintiff sued for separate maintenance, charging cruelty. The defendant answered and filed a cross-complaint for divorce on the ground of cruelty. The plaintiff was denied relief on her complaint for maintenance and an interlocutory decree of divorce was entered on the cross-complaint by the terms of which the plaintiff was awarded the custody of the minor child of the parties, an equal share of...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 741
This proceeding is brought for the purpose of prohibiting the Superior Court from proceeding with the trial of an accusation against Mark Rose as one of the directors of the Imperial Irrigation District, and for his removal from such office as such direct...
Views: 7
This is an appeal from a judgment in favor of the defendant rendered by a jury in accordance with the instructions of the trial judge. As is stated in appellant's brief, the action "was brought by the plaintiff to recover from the bank, defendant, the sum of $1500 on the theory that the bank as agent of the plaintiff, took advantage of its position as agent and used the plaintiff's property for it...
Views: 2
The plaintiff commenced an action against the defendant to obtain a judgment declaring that the defendant held the title of the plaintiff in trust as to an undivided one-half interest in certain property located in the city of San Diego. The defendant appeared and answered and a trial was had before the court sitting without a jury. The trial court made findings in favor of the plaintiff and from ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 726
An appeal from a judgment rescinding an assignment of a contract for the sale of real property executed by appellant Dunn, and a conveyance of like property by plaintiff Zimmerman. Subsequent to the taking of the appeal Zimmerman died and Elizabeth W.Z. D...
Views: 9
The defendants have appealed, on a record prepared in accordance with the provisions of section 953a of the Code of Civil Procedure, from the judgment entered herein in favor of the plaintiffs. They have also appealed, on a bill of exceptions, from the order of the trial court denying their motion to vacate an order, made after entry of judgment, "permitting the plaintiffs to amend their third ame...
Views: 3
Petitioner, the insurance carrier for one O.W. Dorman, has applied for a writ of certiorari to review a decision of the Industrial Accident Commission awarding compensation to Richard B. Lennon for injuries received arising out of and in the course of his employment as painter on a building being constructed by Dorman as contractor. Petitioner claims that J.P. Jessel was an independent subcontract...
Views: 7
Defendant was charged by an information with the violation of section 476 of the Penal Code. He appeals from the judgment entered on the verdict of guilty and from an order denying a new trial.
The information alleged that on July 21, 1925, the defendant made a fictitious check for the payment of money, purporting to be signed by Robert Dean when in fact there was no such person; that knowing the ...
Views: 1
Plaintiff brought this action to compel the defendant to support her illegitimate minor child. The court found that the defendant is the father of the child and rendered judgment requiring him to pay the plaintiff $25 a month, commencing with the day the complaint was filed, for the maintenance and support of the child. The defendant has appealed from the judgment.
Both parties testified that they...
Views: 13
Plaintiff began this action against the defendant corporation and its stockholders to recover damages in the sum of $100,000, consisting principally of loss of profits alleged to have been suffered by him for and on account of the failure of the defendant corporation to keep *Page 691
and perform on its part the terms and conditions of a certain contract annexed as an exhibit and made a part of p...
Views: 8
An automobile owned by Morris Levenstadt was being operated by Nat Levenstadt, his chauffeur, who happened to be his nephew, where by the negligence of Nat Levenstadt in operating said automobile August E. Buelke was killed.
Nat Levenstadt, at the time of the accident, was alone in the automobile and on the way to purchase clothing for himself.
The defendant had issued a policy of insurance to Mor...
Views: 3
An indictment was returned by the grand jury of the county of Stanislaus on December 17, 1925, charging the defendant, Ernest Simon, and his sister, Rose Bloom, with wilfully burning, injuring, and destroying insured property with intent to defraud the insurers. The indictment was drawn under section 548 of the Penal Code of the state of California. The jury found the defendant, Ernest Simon, guil...
Views: 12
Respondent Howard A. Peairs is a judge of the superior court of the state of California in and for the county of Kem. He has held that position since 3913, first under appointment by the governor and afterward by successive elections by the people of the county. Judge Peairs, by appropriate order of a competent court was, in 3908, licensed to practice law in all the courts of the state. The order...
Views: 4
Action to recover damages for personal injuries alleged to have been suffered by plaintiff while riding as a passenger for hire in one of the auto-stages of respondent Motor Transit Company.
The complaint alleged the company and defendant Otto Pauls to be joint tort-feasors and it charged that they negligently operated their respective machines as to collide one with the other, causing the plainti...
Views: 1
On the fourth day of December, 1924, the plaintiffs filed their petition in the superior court of the county of Merced praying judgment of said court reviewing, *Page 662
setting aside, and annulling the actions of C.S. Weaver, as county superintendent of schools of the county of Merced, the trustees of Livingston School District, the trustees of Raisin School District and the board of supervisor...
Views: 2
This appeal is from the order of the trial court granting defendant's motion for a new trial after the jury had found him guilty of the offense of driving an automobile upon a public highway while he was "an habitual user of narcotic drugs."
The information charges that the offense was committed March 27, 1926. Dixie Cunningham, an habitual user of narcotic drugs, employed by an inspector of the s...
Views: 1
Defendants were accused of the crime of robbery in the first degree. The information in substance alleged that on August 21, 1925, they unlawfully took and carried away from the person and possession of one George F. Neely, an agent of the Standard Oil Company, money and other personal property of the approximate value of $1,240 and that such act was accomplished through putting said Neely in fear...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 649
Previously to application being made to this court for a writ of habeas corpus, a petition for the same relief had been made to the superior court of Los Angeles County, which was refused.
The petitioner was convicted in the municipal court of the city of...
Views: 22
Plaintiff recovered judgment against defendants for damages sustained by him in a collision between *Page 642
his automobile and a street-car operated by defendants. The defendants have appealed from the judgment.
The collision occurred on Holt Avenue in the city of Pomona. Holt Avenue runs east and west. There is a single street-car line along the street in the south half thereof. It was stipula...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 631
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 632
The petitioners, by this proceeding in habeas corpus, seek their discharge from the custody of the chief of po...
Views: 8
Defendant was convicted of the crime of rape on the person of a girl of the age of thirteen years. He appeals from the judgment and the order denying his motion for a new trial. From the testimony given by the prosecutrix, which was corroborated by her ten year old sister, it appears that the act of which defendant was found guilty was committed on or about March 23, 1925. There was other evide...
Views: 2
This appeal is from the judgment made and entered in favor of plaintiffs and against defendants W.A.C. Yule and Josephine K. Yule. The defendant M.M. Corry did not appeal. The judgment-roll only is before the court.
On February 28, 1921, respondents entered into a contract with appellants for the purchase and sale of lots 3 and 10 in block 121 of Middletown, situated at No. 3141 India Street, in S...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 611
This appeal is from that portion of the judgment only which awards to respondents judgment on their cross-complaint, in the amount of $976.23, together with interest and costs, and not from the judgment entered in favor of appellant quieting title to cert...
Views: 4
The defendants were charged and jointly tried upon a charge of burglary. The jury returned a verdict of guilty of burglary in the first degree against *Page 606
the defendant Bodie Black, and a verdict of guilty of burglary in the second degree against the defendant Blanche Welch. From the judgments pronounced upon the verdicts the defendants prosecute this appeal.
The facts as disclosed by the t...
Views: 3
In this action to condemn real property for public use, compensation and damages were assessed by a jury's verdict, which was returned and filed on the ninth day of July, 1925. Other issues relating to the action were tried before the court without a jury, and on those *Page 601
issues findings of fact were signed by the judge and filed on the twenty-second day of August, 1925. These findings, wh...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 592
Action to recover damages for personal injuries sustained by plaintiffs through the alleged negligence of defendant in the operation of an automobile. Defendant denied any negligence on his part and as a separate defense pleaded contributory negligence on...
Views: 6
THE COURT.
[1] This application is not materially different from Criminal No. 1464, wherein C.A. Stice made a similar application on behalf of Craniczny. The additional matters set forth in the petition herein could not be proved without referring to the evidence received in the trial before the recorder's court. But such evidence may not be considered in this proceeding. (In reKaster, 52 Cal.App....
Views: 6
Defendant appeals from a judgment of conviction of the offense of "maintaining a place where intoxicating liquor was manufactured and kept."
The prosecution was had under the provisions of the Wright Act (Stats. 1921, p. 79), which in terms adopts the provisions of the National Prohibition Act or the so-called Volstead Act, of date October 28, 1919, and which latter act among other things contains...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 573
Logan Bryan are stock brokers holding membership in the New York Stock Exchange and having offices in New York City and elsewhere. For some time prior to October, 1919, George G. Prentice conducted business as a stock broker in San Diego under the name o...
Views: 2
|
About Apps, Extensions & AI System Status Privacy Security Contact Us | |
